Curing Analytic Pathologies
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On Terrorism and Whistleblowing
Case Western Reserve University School of Law Scholarly Commons Faculty Publications 2007 On Terrorism and Whistleblowing Michael P. Scharf Case Western Reserve University - School of Law, [email protected] Colin T. McLaughlin Follow this and additional works at: https://scholarlycommons.law.case.edu/faculty_publications Part of the Criminal Law Commons, and the Legal Ethics and Professional Responsibility Commons Repository Citation Scharf, Michael P. and McLaughlin, Colin T., "On Terrorism and Whistleblowing" (2007). Faculty Publications. 1060. https://scholarlycommons.law.case.edu/faculty_publications/1060 This Article is brought to you for free and open access by Case Western Reserve University School of Law Scholarly Commons. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Case Western Reserve University School of Law Scholarly Commons. ON TERRORISM AND WHSTLEBLOWING MichaelP. Schar! & Colin T. McLaughlin' At a Bio-Terrorism Conference at Case Western Reserve University School of Law on March 31, 2006, the government participants were asked what they would do if a superior instructed them not to disclose in- formation to the public about the likely grave health affects of an ongoing bio-terrorist attack. In response, they indicated that they would be reluc- tant to become a "whistleblower." This is not surprisingsince, despite the federal and state laws that purport to facilitate such whistleblowingfor the public good, government whistleblowers routinely have faced loss of pro- motion, harassment,firing, and in some instances criminal prosecution when they have gone public with their important information. Yet, without government whistleblowers who had the courage to go to the press, the public would never have learned about Watergate, the Iran-Contrascan- dal, the inhumane practices at Abu Ghraib prison in Iraq, the secretpris- ons run by the United States in Eastern Europe, or the NSA policy of wire- tappingAmericans without warrants. -
New Frontiers of Intelligence Analysis
A Publication of the Global Futures Partnership of the Sherman Kent School for Intelligence Analysis Link Campus University of Malta Gino Germani Center for Comparative Studies of Modernization and Development NEW FRONTIERS OF INTELLIGENCE ANALYSIS Papers presented at the conference on “New Frontiers of Intelligence Analysis: Shared Threats, Diverse Perspectives, New Communities” Rome, Italy, 31 March-2 April 2004 1 All statements of fact, opinion, or analysis expressed in these collected papers are those of the authors. They do not necessarily reflect the official positions or views of the Global Futures Part- nership of the Sherman Kent School for Intelligence Analysis, of the Link Campus University of Malta, or of the Gino Germani Center for the Comparative Study of Modernization and Develop- ment. The papers in this publication have been published with the consent of the authors. This volume has been edited by the New Frontiers conference co-directors. Comments and queries are welcome and may be directed to New Frontiers conference co-di- rector Dr. L. S. Germani : [email protected] All rights reserved. No part of this publication may be reproduced, stored in a retrieval sys- tem, or transmitted in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior permission of the publishers and the authors of the papers. 2 CONTENTS PREFACE 5 Vincenzo Scotti INTRODUCTION 9 Carol Dumaine and L. Sergio Germani Part I - INTRODUCTORY REMARKS TO THE CONFERENCE 1 - INTRODUCTORY REMARKS 15 Gianfranco Fini 2 - INTRODUCTORY REMARKS 17 Nicolò Pollari Part II – PAPERS PRESENTED AT THE CONFERENCE 3 - LOOKING OVER THE HORIZON: STRATEGIC CHOICES, INTELLIGENCE CHALLENGES 23 Robert L. -
1 the Association for Diplomatic Studies and Training Foreign Affairs
The Association for Diplomatic Studies and Training Foreign Affairs Oral History Project LAURENCE H. SILBERMAN Interviewed by: Charles Stuart Kennedy Initial interview date: September 23, 1998 Copyright 2000 ADST TABLE OF CONTENTS Background Born and raised in Pennsylvania and New Jersey Dartmouth College; Harvard Law School World War II influence McCarthy and communism President Eisenhower’s anti-McCarthy speech U.S. Army reserve Derek Bok influence Harvard politics Political views Hawaii - Private Law Practice 1961-1967 Labor law Union organizations Harry Bridges Senator Hiram Fong Republican Party Vietnam War sentiment Department of Labor - NLRB 1967-1969 Appellate lawyer Solicitor of Labor (General Counsel) Labor management affairs Department of Labor - Under Secretary 1970-1973 Nixon administration Secretary of Labor George Shultz Kissinger-Shultz comparison Nixon involvement Ehrlichman White House influence Unions’ political orientation George McGovern 1 Deputy Attorney General 1973-1975 Saturday Night Massacre Archibald Cox Yugoslavia - Ambassador 1975-1977 Recalling 1969-1970 ILO Geneva Conference U.S. unions anti-communism George Meany Lane Kirkland “Towards Presidential Control of the State Department” “Europe’s Fiddler on the Roof” Tito and tactics Soviet-West power struggle World War II fears Internal debate on Yugoslavia Kissinger views of USSR future U.S. ambassador’s 1974-1975 meeting Sonnenfeldt Doctrine Foreign Service officer (FSO) attitude towards political appointees Mack Toon Embassy friction DCM problems CODELs Understanding -
9/11 Report”), July 2, 2004, Pp
Final FM.1pp 7/17/04 5:25 PM Page i THE 9/11 COMMISSION REPORT Final FM.1pp 7/17/04 5:25 PM Page v CONTENTS List of Illustrations and Tables ix Member List xi Staff List xiii–xiv Preface xv 1. “WE HAVE SOME PLANES” 1 1.1 Inside the Four Flights 1 1.2 Improvising a Homeland Defense 14 1.3 National Crisis Management 35 2. THE FOUNDATION OF THE NEW TERRORISM 47 2.1 A Declaration of War 47 2.2 Bin Ladin’s Appeal in the Islamic World 48 2.3 The Rise of Bin Ladin and al Qaeda (1988–1992) 55 2.4 Building an Organization, Declaring War on the United States (1992–1996) 59 2.5 Al Qaeda’s Renewal in Afghanistan (1996–1998) 63 3. COUNTERTERRORISM EVOLVES 71 3.1 From the Old Terrorism to the New: The First World Trade Center Bombing 71 3.2 Adaptation—and Nonadaptation— ...in the Law Enforcement Community 73 3.3 . and in the Federal Aviation Administration 82 3.4 . and in the Intelligence Community 86 v Final FM.1pp 7/17/04 5:25 PM Page vi 3.5 . and in the State Department and the Defense Department 93 3.6 . and in the White House 98 3.7 . and in the Congress 102 4. RESPONSES TO AL QAEDA’S INITIAL ASSAULTS 108 4.1 Before the Bombings in Kenya and Tanzania 108 4.2 Crisis:August 1998 115 4.3 Diplomacy 121 4.4 Covert Action 126 4.5 Searching for Fresh Options 134 5. -
Sherman Kent, Scientific Hubris, and the CIA's Office of National Estimates
Inman Award Essay Beacon and Warning: Sherman Kent, Scientific Hubris, and the CIA’s Office of National Estimates J. Peter Scoblic Beacon and Warning: Sherman Kent, Scientific Hubris, and the CIA’s Office of National Estimates Would-be forecasters have increasingly extolled the predictive potential of Big Data and artificial intelligence. This essay reviews the career of Sherman Kent, the Yale historian who directed the CIA’s Office of National Estimates from 1952 to 1967, with an eye toward evaluating this enthusiasm. Charged with anticipating threats to U.S. national security, Kent believed, as did much of the postwar academy, that contemporary developments in the social sciences enabled scholars to forecast human behavior with far greater accuracy than before. The predictive record of the Office of National Estimates was, however, decidedly mixed. Kent’s methodological rigor enabled him to professionalize U.S. intelligence analysis, making him a model in today’s “post- truth” climate, but his failures offer a cautionary tale for those who insist that technology will soon reveal the future. I believe it is fair to say that, as a on European civilization.2 Kent had no military, group, [19th-century historians] thought diplomatic, or intelligence background — in fact, their knowledge of the past gave them a no government experience of any kind. This would prophetic vision of what was to come.1 seem to make him an odd candidate to serve –Sherman Kent William “Wild Bill” Donovan, a man of intimidating martial accomplishment, whom President Franklin t is no small irony that the man who did D. -
SHERMAN KENT at YALE 62 the Making of an Intelligence Analyst Antonia Woodford
THE YALE HISTORICAL REVIEW AN UNDERGRADUATE PUBLICATION SPRING 2014 THE YALE HISTORICAL REVIEW AN UNDERGRADUATE PUBLICATION The Yale Historical Review provides undergraduates an opportunity to have their exceptional work highlighted and SPRING 2014 encourages the diffusion of original historical ideas on campus by VOLUME III providing a forum for outstanding undergraduate history papers ISSUE II covering any historical topic. The Yale Historical Review Editorial Board For past issues and information regarding gratefully acknowledges the support of the submissions, advertisements, subscriptions, following donors: contributions, and our Editorial Board, please visit our website: FOUNDING PATRONS Matthew and Laura Dominski WWW.YALE.EDU/ In Memory of David J. Magoon YALEHISTORICALREVIEW Sareet Majumdar Brenda and David Oestreich Stauer Or visit our Facebook page: Derek Wang Yale Club of the Treasure Coast WWW.FACEBOOK.COM/ Zixiang Zhao YALEHISTORICALREVIEW FOUNDING CONTRIBUTORS With further questions or to provide Council on Latin American and Iberian feedback, please e-mail us at: Studies at Yale Department of History, Yale University [email protected] Peter Dominksi J.S. Renkert Joe and Marlene Toot Or write to us at: Yale Center for British Art Yale Club of Hartford THE YALE HISTORICAL REVIEW Yale Council on Middle East Studies P.O. BOX #204762 NEW HAVEN, CT 06520 CONTRIBUTORS Annie Yi The Yale Historical Review is published by Greg Weiss Yale students. Yale University is not Department of the History of Art, Yale responsible for its contents. University ON THE COVER: U.S. Coast and Geodetic Survey, Special Publication No. 7: Atlas of the Philippine Islands (Washington, DC: Government Printing Office, 1900), Biodiversity Heritage Li- brary, http://www.biodiversitylibrary.org/item/106585#page/43/mode/1up. -
James B. Steinberg – “Deep Dive”
JAMES B. STEINBERG – “DEEP DIVE” I. Introduction James Braidy Steinberg is the current dean of the Lyndon B. Johnson School of Public Affairs of the University of Texas. He served as Deputy National Security Advisor and Director of the State Department’s Policy Planning Staff under President Clinton. Steinberg produced the completed questionnaire and attachments, the completed SF 86, the completed OGE 4501, his 401k and investment reports, federal tax returns from 2005-07, and a District of Columbia tax return for part of 2005. Steinberg indicated that because there is no state income tax in Texas, he did not file state tax returns for the remainder of 2005 and 2006-07 (during his residency in Texas). Because Steinberg was not able to travel to Washington during the time allotted for this assignment, Team Leader Robert Wilkins traveled to Austin and interviewed him on October 30 in a suite at the Courtyard Marriott adjacent to the airport. The interview took place at 2:30 pm and lasted approximately two hours. II. Comment on Public Vet Memo The Public Vet memo deals with Steinberg's public record fairly comprehensively, and it accurately captures the subjects it covers. (One small nit – the Public Vet memo inaccurately describes him as maintaining “an active DC bar license”; his bar membership is actually on “inactive” status.) The Public Vet memo does not, however, address three potentially controversial issues that are reported in the media and other public sources: the Gilbert Chagoury meeting, the accusation of treason by Navy Lt. Commander Jack Daly, and the Clinton administration’s purported failure to detain Osama bin Laden in 1996. -
What Role for the Cia's General Counsel
Sed Quis Custodiet Ipsos Custodes: The CIA’s Office of General Counsel? A. John Radsan* After 9/11, two officials at the Central Intelligence Agency (CIA) made decisions that led to major news. In 2002, one CIA official asked the Justice Department’s Office of Legal Counsel (OLC) to clarify how aggressive CIA interrogators could be in questioning al Qaeda operatives held overseas.1 This request led to the August 2002 memorandum, later leaked, in which John Yoo argued that an interrogator crosses the line into torture only by inflicting pain on a par with organ failure.2 Yoo further suggested that interrogators would have many defenses, justifications, and excuses if they faced possible criminal charges.3 One commentator described the advice as that of a “mob lawyer to a mafia don on how to skirt the law and stay out of prison.”4 To cool the debate about torture, the Bush administration retracted the memorandum and replaced it with another.5 The second decision was made in 2003, when another CIA official asked the Justice Department to investigate possible misconduct in the disclosure to the media of the identity of a CIA employee. The employee was Valerie Plame, a covert CIA analyst and the wife of Ambassador Joseph Wilson. * Associate Professor of Law, William Mitchell College of Law. The author was a Justice Department prosecutor from 1991 until 1997, and Assistant General Counsel at the Central Intelligence Agency from 2002 until 2004. He thanks Paul Kelbaugh, a veteran CIA lawyer in the Directorate of Operations, for thoughtful comments on an early draft, and Erin Sindberg Porter and Ryan Check for outstanding research assistance. -
Honorable Laurence H. Silberman
HONORABLE LAURENCE H. SILBERMAN Oral History Project The Historical Society of the District of Columbia Circuit Oral History Project U n i t e d S t a t e s C o u r t s The Historical Society of the D i s t r i c t o f C olumbia Circuit District of Columbia Circuit Honorable Laurence H. Silberman Interviews conducted by: Raymond J. Rasenberger, Esquire June 26, September 26, and December 13, 2001 January 25 and February 6, 2002 January 23 and February 4, 2008 TABLE OF CONTENTS Preface . i Oral History Agreements Honorable Laurence H. Silberman Agreement. iii Authorization. v Raymond J. Rasenberger, Esq. vi Oral History Transcript of Interviews on: June 26, 2001 . 1 September 26, 2001 . 40 December 13, 2001 . 69 January 25, 2002 . 117 February 6, 2002 . 164 January 23, 2008 . 238 February 4, 2008 . 263 Index . A-1 Table of Cases and Statutes . A-22 Biographical Sketches Honorable Laurence H. Silberman . B-1 Raymond J. Rasenberger, Esq. B-3 Appendix I . C-1 The Origin of Affirmative Action as We Know It–The Philadelphia Plan Pivot, by Judge Silberman, October 10, 2001. Appendix II . D-1 “Will Lawyering Strangle Democratic Capitalism: a Retrospective,” by Judge Silberman, March 30, 2000. Appendix III . E-1 On the Twenty-Fifth Anniversary of the Saturday Night Massacre, by Judge Silberman, June 24, 1999. Appendix IV . F-1 “Judge Silberman’s response to David Brock’s book,” Michael Barone Blog, August 18, 2006 NOTE The following pages record interviews conducted on the dates indicated. The interviews were electronically recorded, and the transcription was subsequently reviewed and edited by the interviewee. -
Security and Society in the Information Age Vol. 3
SECURITY Katarzyna MANISZEWSKA, Paulina PIASECKA Editors AND SOCIETY IIt is our pleasure to present a third scholarly volume bringing together a unique series of research papers by talented students – participants in the Security and Society in the Information Age program held at Collegium Civitas University in AGE IN THE INFORMATION Warsaw, Poland. In 2020, due to the pandemic, the program was held for first time online and included a component on the security-related implications of Covid-19. The students took part in a fully-fledged online course followed by an online research internship at the Terrorism Research Center. This book presents the results of their SECUR TY work – research papers devoted to contemporary security threats. The contributors not only analyzed the issues but also looked for solutions and these papers include recommendations for policy makers. We hope you will find this book interesting and valuable and we cordially invite you to learn more about the Security and Society in the Information Age program at: www. AND securityandsociety.org Volume 3 SOCIETY IN THE INFORMATION AGE Volume 3 ISBN 978-83-66386-15-0 9 788366 386150 Volume 3 COLLEGIUM CIVITAS „Security and Society in the Information Age. Volume 3” publication is licensed under the Creative Commons Attribution-ShareAlike 4.0 International License under the following terms – you must keep this information and credit Collegium Civitas as the holder of the copyrights to this publication. To view a copy of this license, visit http://creativecommons.org/licenses/by-sa/4.0/ Reviews: Daniel Boćkowski, PhD, University of Bialystok Marek Jeznach, PhD, an independent security researcher Editors: Katarzyna Maniszewska, PhD ( https://orcid.org/0000-0002-8021-8135) and Paulina Piasecka, PhD ( https://orcid.org/0000-0003-3133-8154) Proofreader: Vanessa Tinker, PhD e-ISBN: 978-83-66386-15-0 ISBN-print: 978-83-66386-16-7 DOI 10.6084/m9.figshare.13614143 Publisher: Collegium Civitas Press Palace of Culture and Science, XI floor 00-901 Warsaw, 1 Defilad Square tel. -
Strategic Latency: Red, White, and Blue Managing the National and International Security Consequences of Disruptive Technologies Zachary S
Strategic Latency: Red, White, and Blue Managing the National and International Security Consequences of Disruptive Technologies Zachary S. Davis and Michael Nacht, editors Center for Global Security Research Lawrence Livermore National Laboratory February 2018 Disclaimer: This document was prepared as an account of work sponsored by an agency of the United States government. Neither the United States government nor Lawrence Livermore National Security, LLC, nor any of their employees makes any warranty, expressed or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States government or Lawrence Livermore National Security, LLC. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States government or Lawrence Livermore National Security, LLC, and shall not be used for advertising or product endorsement purposes. LLNL-BOOK-746803 Strategic Latency: Red, White, and Blue: Managing the National and International Security Consequences of Disruptive Technologies Zachary S. Davis and Michael Nacht, editors Center for Global Security Research Lawrence Livermore National Laboratory February -
10. Internationalizing the Nuclear Fuel Cycle James E. Goodby
10. Internationalizing the Nuclear Fuel Cycle James E. Goodby Summary: Where We Are Right Now The Bush administration has tried to persuade the Nuclear Suppliers Group (NSG) not to sell technology and equipment for enrichment and reprocessing to any state that does not already possess full-scale, functioning plants of this type. The proposal was rejected, even by close friends of the United States. The United States is now trying to accommodate its policy to a “criteria-based” approach proposed by France and other NSG members. Efforts to block the spread of en- richment and reprocessing capabilities have fallen short for four main reasons: (1) access to the base technologies required for entry into the field is relatively easy; (2) several states were determined to acquire their own enrichment and/or reprocessing capabilities for various rea- sons, e.g., to reduce energy dependence, conserve energy resources, or to manage nuclear wastes; (3) no combination of incentives and threats short of military action have sufficed to dissuade nations intent on acquiring a nuclear weapons capability from exploiting these tech- nologies; and (4) many nations that have no current intention of build- ing nuclear weapons and no special animosity toward the United I acknowledge, with thanks, the invaluable help that many people gave me in writing this paper. They include Chaim Braun, Sidney Drell, Amitai Etzioni, Mark Fitzpatrick, Geoffrey Forden, Charles Forsberg, Subrata Ghoshroy, Daryl Kimball, Pierre Gold- schmidt, Laura Holgate, Fred McGoldrick, Marvin Miller, Pavel Podvig, Burton Rich- ter, Geoffrey Rothwell, Harry Rowen, Larry Scheinman, Andy Semmel, George Shultz, Jim Timbie, and Frank von Hippel.