Posts Tagged ‘Security’

A walking Tui ad?

datePosted on 06:57, October 20th, 2017 by Pablo

The election turned out OK as far as I am concerned. My decision to support Labour after years of supporting the Greens seems to have paid off as they are now leading the new government. The Greens were punished for their shift from red to blue at their core and for bringing in neophytes onto their list, but not too much (although I still have serious reservations about their ideological direction and one of their new MPs). Save for ACT the various useless parties disappeared. And the Nats got what they deserved, which was the boot, even if it took that old dog Winston to apply his toe to their posteriors. As for NZ First, time will only tell if they are the fly in the ointment or the straw that stirs the drink.

When it comes to how the new government will be organized, I am very curious to see who will be appointed Minister of Defense. Ron Mark is a likely candidate, and I have no problem with him in that role in spite of his otherwise reactionary views (apologies if the list of Ministers is out and someone else is the new MoD). With the exception of Phil Goff he will be the most informed person to assume that portfolio in the last 18 years, which is good because the NZDF have some major decisions to make when it comes to upgrading and configuring the force.  There are issues of equipment purchases, recruitment and retention, foreign alliance commitments and the overall thrust of NZDF operations that need immediate addressing. He has been critical of the lack of strategic vision on the part of NZDF and MoD leaders, so my hope is that he will push for an overhaul in the strategic thinking underpinning NZDF operations that goes beyond the periodic exercises known as Defense White Papers. And he will have to address the problem of drug abuse within the NZDF, which has been kept largely under wraps but which is large enough to run the real risk of jeopardizing operational security and/or getting someone killed.

However, when it comes to intelligence matters and the general subject of security, I have concerns about the ability of the new government to impose its will on the intelligence community and Police as well as avoid so-called “bureaucratic capture:” the situation where the lack of experience in a subject field by new overseers or managers allows career bureaucrats to shape the former’s views of the subject in ways that serve the entrenched interests of the latter. I do not see anyone in the top tiers of Labour, the Greens or NZFirst who display particular fluency in matters of intelligence and security, and when it comes to direct political oversight of the NZ intelligence community, the lack of expertise is dire.

Or let me put it in this way:

Letters from America, take seven: Dark Irony.

datePosted on 07:50, October 4th, 2017 by Pablo

The fact that a country western concert in the US was the target of yet another mass murder spree by an automatic weapon- toting white man is darkly ironic given that country western fans tend to be ninety percent white, predominantly middle and working class, republican in political orientation and a core demographic of the National Rifle Association (NRA) and the Trump support base. They are known for wearing and displaying US (and confederate) flags along with cowboy boots and hats, and indeed many of the victims were clad in patriotic-themed apparel.  The guns used were apparently US-made semi-automatic assault rifles converted to fully automatic by the use of converter kits known as “bump stock” kits (which provide an anti-lock override mechanism attached to a short stock that allows the shooter to hold the trigger down and use the recoil to simulate an automatic setting). The shooter used extra capacity magazines, which are legal in Nevada, as are the conversion kits. In fact, the weapons, ammo and conversion kits can be purchased at the same time in any gun store. Truth be told, a converter kit is not always necessary. A simple file can be used to file down the spot welds that often are the only thing preventing a semi-automatic weapon from becoming fully automatic, especially on older model combat weapons like AK-47s and M-14s.  In any case, semi-automatic weapons are classfied as hunting weapons so purchases do not need to be entered into a federal databank (as some states require automatic weapons to be).

The entire cache of weapons, amunition and acessories stockpiled by the killer were legal. And since he had no prior criminal convictions, so was his possession of them.

With the exception of some rightwing conspiracy types who claimed that the killer was a Muslim convert, and Daesh, which tried to claim credit for the attack, no one in a position of authority is claiming that this was an act of terrorism.

I tend to agree with this assessment even though people in the killing field were clearly terrorized and many more traumatized by what they experienced. Beyond the motivation-versus-effect argument about how to define terrorism, the hard fact is that here again we have another example of a white male getting a pass on the “terrorist” label. Be it in Sandy Hook, Charleston or Colombine, white males who commit mass murders, even when motivated by racial, political or religious animus, are described as mentally ill, insane, maniacs or lunatics. They are not called domestic terrorists.

That is not the case when people of color engage in similar acts, even though the majority of mass murders with guns in the US are committed by white males. Plus, by definition someone who undertakes such acts has to be at least a little bit mentally out of kilter. So why call some US mass murderers crazy and some cold-blooded terrorist killers? Given the level of planning put into the Las Vegas attack, it can be argued that the perpetrator was much less nuts than many other murderers. Yet the “T” word will not be used on him even though what he did was deliberate, calculated, well-planned and executed and designed to have the maximum lethal effect on what was a carefully chosen mass target.

We shall see what set off him off.  It might be gambling debts, a romantic breakup or a psychopathic meltdown rather than a political or musical grudge. He clearly knew what he was doing, and he acted in premeditated fashion. So the forensics on the event will be interesting. Less so is the tragedy porn now playing 24/7 on US television screens, where tales of human misery and pathos, be it man-made (Las Vegas) or natural in origin (Puerto Rico) are on repeat loops for the morbidly obsessed (I am in the US on an extended sabbatical so am getting to live this in real time).

What is noticeably absent from the official police statements and pretty much all of the hourly “news” coverage is any discussion of gun laws that allow an individual to amass 30 or so automatic firearms, thousands of rounds of combat grade ammunition and precursor chemicals for explosives. Instead, the coverage is all about the shooter, his motivations and the wonderful character and/or heroism and/or sacrifice of all of his victims. Leave it to the “liberal” talk show hosts to address that elephant in the room, and leave it to the rightwing media and politicians to make the discussion about gunowners rights as opposed to the victim’s rights that were so brutally violated.

That is why I have no illusions that anything good will come of this. If nearly 30 kids can be murdered in Sandy Hook and nothing gets done in terms of gun control, and instead rightwing freaks saturate social media with claims that it was a government conspiracy hoax done to take away guns from law abiding people (like the Las Vegas shooter), then there is little hope that the president or Congress are going to do anything to change the status quo just because some good ole boys and girls got the hot lead hose down by a disgruntled accountant. This is especially true since Republican congresspeople and the president have received large sums of campaign (if not other) money from the NRA.

It is, however remotely, possible that because of who he targeted, the Las Vegas killer might have sparked a pang of conscience in the gun lobby and the politicians who pockets are lined by it. If that is the case then the victims will not have suffered and died in vain. But for the moment one can only repeat what has been said many times before: the time for thoughts and prayers for the victims is over. The time for action on gun control is long past due.

Is he a spy?

datePosted on 07:48, September 14th, 2017 by Pablo

There is a fellow in NZ who once lectured at an elite foreign military school that trained military and civilian intelligence agents. His position required him to meet certain protocols and standards in order to receive a high level security clearance. In return for receiving that clearance and his lecturing on topics of interest to the intelligence community, he was privy to classified subjects and materials as well as being allowed to interact with the agencies from which his students originated.

His students learned foreign languages as part of their studies, combining that with training in the practical and operational skill sets required of them once they graduated and entered the field.

After leaving the military education institution, the fellow in question went on to work closely with the intelligence community in his country of origin, eventually taking a fairly senior position within the defense and intelligence establishment and continuing to consult with it even after his departure from active government service.

Some time after, he moved abroad and found his way to NZ, where he was hired as a lecturer in politics at the University of Auckland and settled into his adopted country by buying property and engaging in community servcie. He became fairly well known in political circles, wrote academic titles on NZ and comparative foreign policy and engaged with government on topics of common interest.

The question is: is this guy a spy given his past? Could he have come to NZ as an undercover “mole” ready to be sprung into service by his foreign masters after lying dormant for some time?

I ask because another former University of Auckland lecturer now in public service as a parliamentarian has found himself under some scrutiny after it was revealed that he also had lectured to intelligence agents at military educational institutions in his country of birth. It seems that there are questions as to whether he left that life behind him when he came to NZ even though his academic and community life in NZ broadly resemble that of the first individual mentioned above. But now the political knives are pointing at him.

It seems to me that the question about whether either individual is a spy reduces to two things. What were the cirumstances surrounding their emigration from their countries of origin, and what sort of security vetting was done on them before they took up residency and later, when one decided to enter public life?

In both cases security background checks would have been done as part of their visa appllication process. In both cases the University of Auckland would have presumably checked their academic credentials (which is an issue because the second fellow apparently fudged his academic credentials on his citizen application form, which makes one wonder if due dilligence was done on him by the UA prior to it recommending him, as an employment sponsor, to immigration authorities). For the individual who entered public service, more extensive vetting conducted by the SIS or an agency contracted by it would have examined the case a bit more in depth.

Based on what I know of the second case so far, the individual in question is no more a spy than the first guy is, and the first guy is clearly not. The problem for the second guy is that he comes from a country ruled by an authoritarian regime with neo-imperialist ambitions that is known to use its diaspora as a human intelligence collection network, where emigrants take out citizenship and settle into target countries but continue to report back to intelliigence authorities in their homelands. For his part, the first guy was more involved in his home country’s intelligence community prior to his arrival in NZ than the second guy apparently was (as far as has been reported), and the first guy’s home country has an extensive record of imperialism, including covert intelligence collection in NZ and elsewhere in the South Pacific that historically dwarfs that of the second guy’s motherland. Unfortunately for the second guy, his country of origin is not a NZ intelligence partner like the country the first guy came from, and in fact is a major counter-intelligence target for NZ security agencies.

So the question remains: can either or both of these guys be legtimately called a “spy” based on their backgrounds prior to arrival in NZ?

I ask because I am the first guy and I do not like being misidentified without cause (as I have been from time to time). It is unfortunate that my former colleague now stands accused (even if by insinuation) of something that he might not be based on assumptions about what he used to be. For his sake as well as that of NZ security, it is appropriate and necessary for the SIS or other NZ security agencies (not the government of which he is an MP) to issue a clarification on the matter now that the question has been raised in  public and there is a cloud over his career and reputation.

Letters from America, take six: Flirting with disaster.

datePosted on 12:46, September 7th, 2017 by Pablo

The theme of the week in the US is “flirting with disaster.” Trump did well on his return to Texas for a second time after Hurricane Harvey–he looked a bit more presidential and at least went to the affected areas to hand out relief packages and hug displaced babies (of color, to boot!). Upon his return to DC his decision to repeal DACA, the so-called “Dreamers Act” (which gave limited legal protection to foreign born children without criminal recrods who were brought to the US by their parents) has enough support in Congress to see it upheld and replaced within the six month time frame Trump has specified for its implementation (although like everything else Trump does, the court challenges are already being filed). So for first time in months Trump had a week devoid of major scandal, crisis or controversy.

But now Hurricane Irma is headed to South Florida after hitting the Leeward Islands, including the US Virgin Islands and Puerto Rico (a US territory with a population of 3.4 million). The Dominican Republic, Haiti and Cuba are in its path before it is predicted to make a direct hit on the larger Miami area (with a population of 6.7 million). It remains to be seen what Trump’s response to this storm will be given the heavily Hispanic demographic in the impact areas and the fact that he did not carry South Florida in last year’s elections (unlike SE Texas where Harvey hit). He might order full scale federal help given that even Mar el Lago will be affected, but so far he has done nothing and left it to the territories and states to deal with emergency prep.

Irma is stronger than Harvey, being a full fledged category 5 storm with sustained winds of 185 miles per hour and gusts to 225 mph (nearly 300 kilometers per hour) and a storm surge of up to 30 feet. Harvey was a Category 3 storm when it made landfall and turned into a rainbomb, but neither in terms of winds or surge is it comparable to the punch that Irma is packing. Like SE Texas, South Florida is low lying (and even below sea level in some places), so the catastrophic potential is huge. The number of people who could be affected in the Florida, Puerto Rico and the island territories is more than double that of those impacted by Harvey, and the demands for recovery assistance both in US territories as well as foreign neighbors will be astronomical.

So Hurricane Irma will be a big test for Trump. He ordered US$ 7.5 billion in federal disaster relief to Texas for Harvey recovery efforts (a drop in the bucket of what is estimated to be a 150 billion dollar recovery cost), but that will now need to be increased exponentially for Irma recovery efforts even in the face of GOP misgivings about disaster relief spending. Recall that the Texas congressional delegation opposed federal relief for the Mid Atlantic areas affected by Hurricane Sandy a few years ago, but are now clamoring for federal help (Ted Cruz and John Conrnyn come to mind). More generally, many Republican congresspeople are loathe to increase the US debt ceiling in order to fund recovery efforts outside their own districts, something that Treasury Secretary Mnuchin claims is an abosolute necessity (and a direct betrayal of Trump’s campaign promise to reduce the US debt ceiling). Faced with GOP opposition, Trump has sided with congressional Democrats in calling for a temporary elevation of the debt ceiling in order to finance disaster relief (a Faustian bargain if there ever was one,), much to the annoyance of GOP leaders such as House Speaker Paul Ryan. In view of these differences it will be interesting to see how the Republican majority in Congress reacts to pleas from Florida and US territories for federal receover aid, but what is certain is that the debate over it will be contentious at best.

Almost unnoticed in Washington amid all the hurricane news is the fact that another major disaster is unfolding in the US west. Nearly 60 large scale wildfires  covering hundreds of thousands of acres are burning in seven Western states, and both property and lives have been lost in them. Although the region is drought- and hence fire-prone and therefore has signficant deployable fire-fighting resources at the state and federal level (e.g. via the US Park Service and other branches of the Departments of Interior and Homeland Security), budget cuts have reduced the federal ability to contribute to fighting simultaneous large fires, some of which have reached the outskirts of major cities such as Los Angeles. With no end to the fire season in sight and seevral of these conflagrations still out of control, the possibility exists that a fire disaster can be declared this year. If that happens the arguments about natural disaster recovery funding will only get more intense and partisan.

And then there is North Korea. The test of what the DPRK claims is a thermonuclear or hydrogen bomb is a significant step forward in its nuclear testing program. Unlike more primitive fission or “atomic” bombs, these type of munitions are used by all of the major nuclear weapons states save India. The shape of the warhead that Kim Jung-un is seen posing with in photos appears to be similar to a US mid 60s-mid 70s Teller-Ulam  “peanut” design. Hydrogen bombs are two-phased fission-fusion devices that do not need advanced triggers because of their plutonium (or sometimes U-235) primary fission cores, which are more easily “ignited” by conventional high explosives (Pu-239 is used in both the primary and secondary sequences, although the bulk of the thermonuclear explosion comes from ignition of the U-238 “tamper” surrounding the Pu-239 “sparkplug” in the secondary sequence). The size of the prototype shown in DPRK propaganda photos demonstrates that it can fit into the nose cone of their recently tested ICBM (which seems to be a Chinese knock-off similar to Pakistani designs). So they have made a quantum leap towards having a lauchable weapon.

The issue remains as to whether they have the re-entry trajectories down so as to not burn up the nosecone and/or booster at too steep an angle, and whether the US and allied missile defense are up to the task of intercepting the booster before re-entry or upon re-entry on a flatter trajectory slope. Since the DPRK will have only one warhead on the booster (as opposed to the multi-warheaded nature of MARV’d and MIRV’d strategic strike missles deployed by the US, UK and Russia), a successful intercept can push the DPRK back both operationally as well as politically (since it will take some time to mount and fire another warhead, and that will likely not be allowed to happen because a launch in anger makes the DPRK vulnerable to a retaliatory response, be it conventional or not).

The more important question is whether, upon intelligence showing preparations of a live nuclear missile launch, the US will trigger (most likely conventional) pre-emptive strikes against DPRK missile launch facilities, or whether it will wait until a “live” launch is confirmed (which reduces the time avaliable for a response but which can allow more accurate tracking and intercept by ABM defenses such as the recently deployed Terminal High Altitude Area Defense (THAAD) systems, and which provides data for early detection of the trajectory of future launches, should they occur). Either way, the result will be war between, at a minimum, the DPRK, ROK and the US, with more states such as Japan likely to get drawn in because of direct engagement or alliance commitments. And then of course, there is China.

It is an open question as to where the DPRK got its warhead design. But Pakistan comes to mind simply because it already has nuclear weapons and has a history of clandestine nuclear weapons design and parts proliferation. That poses some thorny diplomatic and security questions for those who have tried to engage Pakistan in the effort to have it moderate its behaviour on a number of fronts.

In the face of a DPRK willingness to launch, the US has very few options left short of pre-emption and or interception upon launch. Trump as usual has backed himself into a corner by tweeting that “the time for talking is over,” and the response from China and Russia to his demands for stronger sanctions has been equivocal at best. Trump’s barking at South Korea for its alleged policies of “appeasement” vis a vis the  DPRK are not only factually incorrect but alarming to regional allies, since the ROK has been anything but appeasing even while urging bi- and multi-lateral talks with the DPRK on a regular basis. Secretary of Defense Mattis and the Joint Chiefs of Staff have emphasised that the US is not interested in annihilating the DPRK, but they and the rest of the foreign policy establishment have not dropped the long-standing demand for regime change and reunification under ROK rule, which is simply a non starter from the DPRK point of view. So the walls are closing in on non-military options.

The threat to stop all trade with countries that trade with the DPRK is an idle one given the negative impact on the US economy that such an action would entail (particularly in the case of China), but smaller DPRK trading partners (perhaps including NZ, which purportedly has small backdoor dealings with it), could suffer as a result. The big issue is whether China will put the squeeze on the DPRK in light of recent developments. So far, other than rhetorical condemning of the test and the clear embarrassment it feels at having been ignored by its client when it came to not going forward with the nuclear test, it has shown a relcutance to do so. The Russians flat out refuse to cooperate in any increased sanctions regime. So the US is left with few cards to play short of the military ace in the hole.

In sum, the US is flirtng with disaster on several fronts, three natural and one man made. How Trump handles them is going to impact his standing before Congress and of course have an impact on domestic support as well as international relations. Options on all fronts seem limited and the consequences dire, both for him politically as well as those affected by his decisions. The moment is one where, as Machiavelli noted,successful handling of  the viccisitudes of fortuna (fate) requires the commitment of leadership virtu (virtue).

When it comes to leadership virtue, Trump has so far displayed none. It remains to be seen if the tests now before him will uncover what has never been seen before.

Addendum: Here is an interview that I did with Selwyn Manning of eveningreport.co.nz as part of a video series that parallels/complements the written series here.

I have agreed to provide a weekly commentary to Mitch Harris on his Night Talk show on Radiolive. In the first instalment we roamed over a series of subjects,  but the focus was on the ongoing trainwreck that is US presidential politics.

Deja Vu all over again?

datePosted on 15:26, July 2nd, 2017 by Pablo

According to press reports US Defense Secretary James Mattis is considering sending between 3000-5000 additional US troops back to Afghanistan to bolster the 13,450 already there. Last week he is reported to have asked NATO members and non-NATO military partners to commit additional troops up to the desired threshold of 1,200. Fifteen NATO members and partners have apparently committed to the task, with the UK (which has nearly 600 troops in theatre) promising an additional 100 soldiers and Norway and Lithuania publicly stating their intention to do likewise (without revealing numbers or units involved). Given that New Zealand has non-member partner status with NATO, is a member of the International Security Assistance Force (ISAF) in Afghanistan and is a bilateral US military partner that earlier agreed to a request to send a handful of soldiers back to Kabul, it is certainly possible that it has also been asked to consider bolstering its presence in that country. Mattis conceded that in retrospect the earlier US drawdown of troops from Afghanistan was too large and too sudden given the prompt resurgence of the Taliban (especially in Kandahar province) and the rise of Daesh as a new adversary in theatre. So what he is asking is for reinforcements to re-stem the extremist tide and continue the mentoring and advising that, along with selected hunter/killer missions, have been the mainstay of the ISAF role since the drawdown began a few years ago.

The question is: has NZ agreed to this latest US request to send more troops back to Afghanistan and if so, in what capacity? Given Donald Trump’s demands that US military allies “do more and pay more” for their common “defense,” is it prudent for NZ to refuse the US request?

On a related topic, reports are now regularly surfacing that Iraqi troops and federal police are committing war crimes on a significant scale in the battle to push Daesh out of the country, including torture and summary executions of unarmed suspects. Many of the war crimes are being committed by Shiia members of the Iraqi armed forces, who see their acts as revenge for the atrocities committed by Sunni Ba’athists during and after Saddam Hussein’s regime (since many Daesh fighters in Iraq are Iraqi Sunnis with ties to the deposed regime). No mention has been made of where these personnel were trained, but given the urgent need to commit troops to battle, is it not possible that some of the 20,000 Iraqis trained by NZDF personnel at Camp Taji outside of Baghdad since 2015 might be involved in these war crimes? (the NZDF is now in its fifth rotation at Camp Taji and claims that its training involves instruction on “fundamental human rights law and the Law of Armed Conflict”). This question is particularly relevant given that the NZDF admits that most of the soldiers it has trained have been committed to the battle for Mosul where war crimes have recently been documented (WARNING: the link contains nasty imagery).

Given that the NZDF has in the past had problems with some of its foreign security partners with respect to the treatment of prisoners (such as the NZSAS handing over detainees to the Afghan secret police, who then tortured and purportedly killed some of them), is it not possible that its combat training at Camp Taji (which emphasises infantry skills) has overshadowed the ethics training component of the mission given the urgent need to commit Iraqi troops to battle? Or do the Iraqis simply ignore the ethics part of their training or go rogue afterwards? Could this have contributed to the commission of war crimes by graduates of Task Force Taji’s training program? Since a NZDF officer is serving as a spokesperson for the anti-Daesh coalition in the battle for Mosul (and has had to explain the use of white phosphorous munitions in urban areas), and NZSAS personnel are believed to be serving as intelligence gatherers and target designators in the theatre, it is likely that the NZDF would know if its Task Force Taji graduates are involved in committing war crimes.

The culture of secrecy and denial within the upper ranks of the NZDF will make finding honest answers to both sets of questions difficult, but they are certainly worth asking.

 

PS: I shall leave aside the incidental question as to why a senior NZDF officer is serving as the Coalition spokesperson for the Battle of Mosul when the ostensible role of the NZDF in Afghanistan is limited to training Iraqi soldiers at Camp Taji and a few other bases.

“You can’t handle the truth!”

datePosted on 15:07, April 4th, 2017 by Pablo

Well, no one should have been surprised that the government opted to not convene an inquiry into the allegations made in the Hager/Stephenson book Hit and Run. It preferred to let those accused “investigate” themselves and come up with an exoneration, then let the PM bad mouth the authors while wrapping himself in pseudo-sentimentality about the impact the accusations had on military families. SOP from National and the NZDF, especially in an election year.

Even though they may have forced a delay in ascertaining the truth as to what happened that August night in Afghanistan, they may have set themselves up for a bigger fall, albeit one that will cost taxpayers far more than if the inquiry had been done under the aegis of the Solicitor General, Inspector General of Intelligence and Security or some other reputable and independent local jurist. That is because if a state refuses to investigate allegations of war crimes committed by its troops, then that bumps up the matter to the International Criminal Court in The Hague. The ICC can be petitioned to open an investigation and launch prosecutions against those suspected of war crimes if a state refuses to do so, and that may eventually be the case here.

The government strategy at this point seems to be to refuse an inquiry and force interested parties to make a case under the Inquiries Act, in the courts under one or more Acts, or in international bodies like the ICC. That is expensive and time consuming, so those willing to challenge the NZDF’s self-exoneration must be well resourced and prepared for a lengthy legal battle. In the meantime crucial evidence may disappear, sources for the allegations may change their minds out of fear of reprisal, material inducements for non-cooperation with investigators may be offered–no one should be so naive as to think that those under potential scrutiny would not stoop to such things.

The government is also clearly banking on political pressure for an independent investigation waning rather than increasing in the weeks and months ahead. It is confident that political parties will focus on the election and the media will move on to other things over the next few news cycles and that the claims will be forgotten by the public in short course. There are grounds to believe that it may be correct in these assumptions, but that depends on how interested parties feel about matters of truth and accountability in public institutions such as the military.

The government could well be daring the likes of Rodney Harrison QC, Deborah Manning and Richard McLeod, who are representing the survivors of the alleged attacks and who successfully represented Ahmed Zaoui against the then-government’s mischaracterisation and detention of him as a dangerous terrorist, to take the case to the ICC. That is because although New Zealand is a member of the ICC, the US is not. Since the US Army provided the close air support for the raids and is implicated in the killings of civilians in the Hit and Run narrative, this means that a key part of any investigation–US complicity in the killing of innocents–will not receive US support or cooperation. In fact, the US is not a member of the ICC precisely because it does not want to see its soldiers or the authorities who command them ever face prosecution in The Hague. And without US participation, the presentation of the NZ side of the story would be incomplete at best, and thereby not a full account of what went down that fateful night. It is hard to mount an investigation or a prosecution, much less secure a conviction, without the participation of one of the principles involved. For a case to stand up in court a partial account of events is simply not enough without corroboration by others involved in the actions in question. This may be true for NZ courts as well as the ICC.

Even so, I am not sure that banking on US non-membership in the ICC is a winning strategy even if it adds to the costs and delays involved in establishing the truth and achieving justice for those needlessly harmed without cause. Refusal to participate in an ICC investigation could be worse for NZ’s reputation than agreeing to it and finding out that not all was as depicted by the NZDF version of event–even if war crimes were not committed.

The bottom line is that the government appears to be running scared with its quick acceptance of the NZDF clean up job. One video from a US helicopter and the NZDF report on the raid–a chronicle of events that leaves numerous questions unanswered, as pointed out by Selwyn Manning in the previous post–is all that it took to convince PM Bill English that all was hunky dory that night. Given that there were likely to be multiple camera angles and audio communications recorded during the raid by both the NZSAS as well as US forces for after-action de-briefings, the fact that just one served to convince the PM of the veracity of the NZDF account leaves me with only one simple conclusion with regard to Mr. English. In the words of Jack Nicholson playing a Marine Colonel under investigation for covering up a homicide at the Marine detachment stationed at Naval Base Guantanamo in the movie “A Few Good Men:”

YOU CAN’T HANDLE THE TRUTH!

After doing the radio interview linked to in the last post, I was approached by the nice people at The Spinoff to write a short elaboration on what I discussed on air. Here it is.

Where to draw the line?

datePosted on 12:02, February 19th, 2017 by Pablo

Here are some thoughts for readers.

It is reported that former US Sen Scott Brown (R-MA) has been nominated by the Trump administration to be US ambassador to New Zealand. Besides a record that includes being a centrefold model, party to a sexual harassment lawsuit, and an undistinguished US Senator after a career in local politics in his home state, Mr. Brown is on record as saying that he supports the use of water boarding and other forms of torture. This is of particular note because Mr. Brown is a lawyer who served in the Massachusetts National Guard as a Judge Advocate General’s (JAG) officer, that is, as part of the Army legal system. He should therefore presumably be familiar with Jus in Bello, Jus ad Bellum and other international conventions that, among other things, prohibit the use of torture in war and peacetime.

NZ is a signatory to the Geneva Convention, which prohibits torture (as a war crime). It also supports the International Court of Justice, which prosecutes war crimes and crimes against humanity (which include torture).

Every country has the right to refuse to accept the credentials of foreign ambassador-designates.

So the question is: as a responsible member of the international community and a strong supporter of the rule of international law, should NZ refuse to accept Scott Brown as the incoming US ambassador? Or should it adopt a policy of diplomatic necessity and cast a blind eye on Mr. Brown’s support for state-sanctioned criminal acts in order to curry favour with the Trump administration?

And, as a sidebar: Inspector General of Security and Intelligence Cheryl Gwyn is currently undertaking a lengthy investigation into whether NZ, via the SIS and/or NZDF, was involved in the extraordinary rendition and black site programs run by the US under the Bush 43 administration (which involved the extrajudicial kidnapping and secret detention without charge of suspected Islamicists, several of whom wound up dead as a result of their treatment while in captivity). These  programs included the use of water boarding and other forms of torture as supposed interrogation techniques at the US military prison in Guantanamo Bay (Camp Xray) as well as a network of black sites around the world (not all of whom have been identified yet and which it is possible Ms. Gwyn’s investigation might shed light on). Given this background, will the decision on Mr. Brown’s acceptability as the US ambassador be indicative of what we can expect from the government when it comes to her findings?

I would love to hear your opinions.

Foxes in the hen house.

datePosted on 12:44, January 31st, 2017 by Pablo

Here is a thought. Among all the wretched news coming out of the US this past week, two somewhat lesser items struck me. One was that Trump’s son-in-law was granted a high level security clearance, and the other was that former Brietbart boss, white supremacist and pro-Russian provocateur Steve Bannon has been given a Principal’s seat on the National Security Council, displacing both the Director of National Intelligence and the Chairman of the Joint Chefs of Staff (who now attend on an “as needed” basis).

During the time I spent in the US security apparatus I held several levels of clearance, working my way up to the fairly high Top Secret/Secret Compartmentalized Information (TS/SCI) level. The scrutiny I received in order to get that clearance was pretty intrusive and lengthy: polygraph and drug tests, background checks run by the DIA that included interviews with college friends, my former wife, work colleagues at various places and even neighbours, and an FBI background check. The process took about 10-12 months.

Bannon and Jared Kushner will be privy to sensitive information well above my ultimate pay category, and yet the latter was granted a clearance in a month and the former, for all we know, has yet to receive one. I know that elected political officials do not have to undergo the sort of background checks that I did (something that is always troublesome when congressional testimony is given behind closed doors to congresspeople who are known to have serious skeletons in their closets that make them liable to blackmail). But political appointees as well as career civil servants and military personnel must have those checks done before assuming the jobs in which they handle highly sensitive information. Mistakes have recently been made in security vetting due to outsourcing (Edward Snowden) and people can grow disenchanted and violate their oaths (Chelsea Manning), but for the most part the security vetting process allows the government some degree of confidence that the person being scrutinised cannot be blackmailed, is not financially vulnerable, is not addicted, criminally violent, mentally ill, etc.

So my questions are these: Has Steve Bannon undergone any security vetting, particularly given his background and links? Why did Mr. Kushner receive an expedited clearance rather than a thorough one? There are other individuals in the Trump White House who also have access to this type of information without full security vetting (including a Brietbart editor), but for the moment I wonder about those two fellows.

This is more than a matter of personal curiosity. Given Trump’s attacks on the military and intelligence leadership and the ongoing questions about his relationship with Russia in the wake of official claims that Russia sought to influence the US presidential election in his favour, these sort of moves could set the stage for a constitutional crisis in civil-military/intelligence relations. After all, if Bannon is talking to the Russians and Kushner is pillow whispering to Ivanka about policy matters that impact on the family businesses, why would the intelligence community and military brass feel comfortable with them receiving full classified briefs on such matters? Would it not be advisable for the security community to withhold highly sensitive information from them and direct that information to others such as NSC advisor Gen (ret.) Mike Flynn (also of some very suspect ties) on an “Eyes Only” basis? Or should they just give full briefs and let the chips fall where they may?

Neither option is a good choice, but one has potentially catastrophic consequences while the other undermines the foundations of elected civilian supremacy over the military and intelligence communities.

 

There are lessons here for New Zealand. The NZSIS is responsible for security vetting of people who will handle sensitive classified information, but its record is mixed in this regard. In 2010 it was revealed that Stephen Wilce, the head of the Defence Technology Agency (DTA), the scientific arm of the NZDF, was a serial fraudster and liar who among other things claimed to have been a member of the 1988 UK bobsled team and a former Royal marine who had worked for MI5 and MI6 in the UK and who had invented the guidance system for the Polaris (submarine launched and nuclear tipped) missile (you can find the NZDF Court of Inquiry Report on Mr Wilke here).

Mr. Wilce was recruited by Momentum Consulting (which was paid $25,000 for the job), a firm that included among its directors and executives National Party stalwarts Jenny Shipley and Michelle Boag. Momentum was supposed to have confirmed Mr. Wilce’s bonafides and the NZSIS was supposed to do his security vetting before granting him a high level clearance, but none of that happened. It was not until Mr. Wilce had been in the DTA job for five years that a whistleblower outed him.

In recent years the SIS has reported that security vetting takes up more and more of its time and resources, to the detriment of its domestic intelligence, foreign intelligence and counter-espionage activities. Delays in obtaining clearances are commonplace and pressures to expedite them are strong. That was exactly the situation that led to Edward Snowden being granted a high level security clearance. As it turns out, the firm that was contracted to do his security vetting by the NSA simply rubber stamped the clearance authorisation because it was swamped with such work.

Employees of New Zealand’s intelligence community and military personnel certainly undergo serious security vetting before they can be trusted to handle classified information. Perhaps, like the US, elected officials are exempt from the requirement, but what about parliamentary staffers and those employed in the DPMC? Given the revelations in the Dirty Politics book, can we be assured that the likes of Jason Ede and Phil de Joux (or even Roy Ferguson and Sir Maarten Wevers) have been vetted properly? Is everyone who is privy to classified material treated the same as military and intelligence personnel and subjected to a thorough security vetting process? Is outsourcing recruitment of people to sensitive positions still the norm? If so, is that outsourcing going to politically connected firms or is there now in place some objective standard of applicant vetting rigour that needs to be met?

I ask these questions because if anything, New Zealand appears to have a much looser government administrative system that does the US. Shoulder-tapping, “who-you-knows,” nepotism, cronyism, old boy networking–perhaps it is a small country thing but it seems to me that such practices occur fairly frequently when it comes to high level civil service positions (to say nothing of the private sector). If that is so, then it is fair to ask if these practices override the good sense need for security vetting of those involved with intelligence and military matters.

I stand to be corrected if wrong in this appraisal, but the issue still remains as to who with access to sensitive intelligence and security information outside of NZ intelligence and military officers undergo the type of security vetting that I underwent back in the US and which Messrs. Bannon and Kushner managed to avoid.

Put another way and stripped of the US baggage: are there Bannons and Kushner facsimiles in our midst?

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