Here We Go Again

Reading today’s Daily Telegraph on the David Miranda detention and it is easy to be cast back to other misguided UK government efforts to stop leaks and block embarrassing information from seeing the light of day.

It is taking on digital echoes of the Peter Wright affair when the UK government and the security services opened themselves up to derision with farcical efforts to block the publication of Wright’s book detailing MI6 and MI5 dirty tricks, illegal surveillance and a plot to bring down the Wilson government. They couldn’t stop publication abroad and it was easy to purchase the book.

National security was claimed as the issue too back then but it quickly became clear what was at stake was the reputation of the British security services.

Now we have a Prime Minister sanctioning the destruction of hard drives held by the Guardian newspaper containing the material former NSA contractor Edward Snowden stole — as if that will stop the information leaking out. As the Guardian made clear they have duplicates and presumably Greenwald and Snowden do, too, (probably so have the Russians and Chinese by now!).  Possibly the NSA should destroy their hard drives as the information is so sensitive – after all Snowden has demonstrated the puzzle palace’s own computer system isn’t secure.

And then the Telegraph gets a UK government source today hazarding absurdly that David Miranda, the partner of Guardian journalist Greenwald, was detained for his own good as he was carrying sensitive documents and could have been kidnapped by terrorists. Is security at Heathrow Airport so bad?

Presumably the Snowden material does contain information useful to terrorists but the information is also useful for the British and American publics to gauge what is being done in the name of the “war on terror” and for them to assess whether the politicians and the security services have got the balance right between security and civil liberties. Clearly President Obama doesn’t think so with the tweaks and the inquiry he has ordered. But then, of course, he would have done that without the Snowden revelations. Really?

The Price of Freedom

The media and civil libertarians have quite rightly been exercised over Edward Snowden’s disclosures about the extent, reach and range of the intelligence services snooping on Americans (and foreigners) – snooping that’s been done in the name of security and justified as important in the fight against terrorism.

But there’s a sad reflection in today’s Washington Post on how little Americans on the whole care about privacy rights and their own civil liberties.

Walter Pincus notes the scant public interest in an open session this week of the Privacy and Civil Liberties Oversight Board, a panel created by Congress on the recommendation of the 9/11 Commission. The panel examined the once-secret data collection programs but few people attended and Pincus observes: “I viewed the two-hour session Wednesday on C-SPAN, and it had generated only three Facebook recommendations and 52 tweets.”

 

 

No Need To Subpoena Reporters

Peter Suderman over at Reason Magazine has a useful reminder today on how the Obama administration promised to protect whistleblowers but has done quite the opposite and has developed into the most aggressive of administrations in pursuing federal employees who talk out of turn.

The administration pledged to “empower federal employees as watchdogs of wrongdoing and partners in performance.”

Suderman quotes Edward Wasserman, a journalism professor at Washington & Lee University. “Prosecutors aren’t hassling reporters as they once did. Thanks to the post-9/11 explosion in government intercepts, electronic surveillance, and data capture of all imaginable kinds — the NSA is estimated to have intercepted 15-20 trillion communications in the past decade — the secrecy police have vast new ways to identify leakers.”

 

 

 

How The Mexican Police Bungled The Manhunt for El Chapo — Exclusive

Earlier this month, Mexican officials leaked to AP an exclusive on the hunt for the world’s most powerful drug lord Joaquin “El Chapo” Guzmán, the elusive head of the Sinaloa cartel.

They boasted that they had come close to capturing him in late February in Baja California at a resort in Los Cabos where a day earlier U.S. Secretary of State Hilary Clinton held meetings with foreign ministers from the G20.

Jose Cuitláhuac Salinas Martinez, Mexico’s assistant attorney general in charge of organized crime investigations, said it was a near miss in the government’s efforts to arrest the man who has become one of the world’s top fugitives since he escaped from a Mexican prison in a laundry truck in 2001.

The official angled his comments to fuel speculation that authorities are near to capturing Guzmán, something President Felipe Calderón  would dearly love to accomplish before he leaves office at the end of the year. “When asked if authorities are close, he just smiled,” according to the AP dispatch.

But AP was told only half the story by Jose Cuitláhuac Salinas Martinez. Mexican and US security sources tell me that the interview was an attempt to muddy the waters and to obscure the reasons why Mexican police failed to get El Chapo in Los Cabos.

They say it was a preemptive strike to head off any potential bad press from the near miss.

Poor Mexico. So Close To The United States; So Far From God.

And since that March 12 AP story Mexican officials – notably the Secretary for Public Security, Genaro Luna Garcia – have continued to do their best to mislead by leaking, for example, a claim to Reforma newspaper and Univision that a prostitute’s period saved the drug boss from being arrested.

According to that story one of Guzmán’s men hired the prostitute for the billionaire drug lord. The Mexican daily Reforma said the prostitute was blindfolded and taken to a rented home in Los Cabos without being told who her client would be.

And Cuitláhuac Salinas Martinez, told the paper that when El Chapo arrived the hooker couldn’t “perform the services she was hired for because she was menstruating.” El Chapo left the house with the intention of returning, and it was while he was away Mexican authorities raided the house.

According to Univision, “Salinas Martinez suggested that had it not been for the postponed encounter, authorities might have finally arrested Guzmán.”

This isn’t what Mexican security sources tell me. The operation, they say, was bungled from the start and the fault rests with the federal police.

AP speculated in the original dispatch that El Chapo’s narrow escape raises the suspicion that he was tipped off. He was, U.S. and Mexican security sources told me, but not by some corrupt official or paid off cop. The federal police alerted El Chapo inadvertently, to the fury of the Americans, by making two major mistakes.

Mexican police chiefs bungled the opportunity handed them by the U.S. Drug Enforcement Administration, who through cell phone monitoring by the National Security Agency provided the electronic intelligence that for the first time in years pinpointed El Chapo’s exact whereabouts — in this case Los Cabos.

“This was the first time that we knew exactly where Guzmán was,” says a senior Mexican security source. “All the other occasions when we have been close it was only after the fact that we realized we had come close to El Chapo,” he adds. “On those other occasions, we have raided a property but only knew in advance that there was a high-value Sinaloa cartel target but we didn’t know that it was El Chapo – we hoped it was, but weren’t sure. This time we knew it was him and this was our best chance in years to get him.”

El Chapo is as careful as Osama bin Laden was in using cell phones, knowing full well that the U.S. has tremendous capability to pinpoint targets through voice recognition and honing in on particular phone numbers. Like other cartels, the Sinaloa Federation uses pre-paid cell phones and cartel members change their phones several times a day to evade the American eavesdroppers.

On this occasion one of El Chapo’s lieutenants held on to a phone for too long and security sources tell me that Guzmán phoned him. As a result the NSA’s voice-recognition systems that had been eavesdropping on that mobile phone identified El Chapo’s voice and traced the phone the drug lord was using. “He called one of his lieutenants, whose phone was being monitored,” says a U.S. source. “That guy presumably was being lazy and keeping a cell phone for way too long.”

The NSA alerted DEA intelligence chiefs, who in turn informed the Mexicans. The sources say there was then an argument between the Mexican federal police and the Mexican military over who would take the lead in the security operation to seize El Chapo.

Secretary for Public Security, Genaro Luna Garcia, who will leave office with Calderón, insisted this was a federal police matter. “He saw this as his triumphant moment, too,” says a Mexican source. “He won the argument by appealing to Calderón ,” he adds.

The operation was placed in the hands of Mexico’s federal police chief, Maribel Cervantes Guerrero, the first woman to hold the position. She was only promoted to the job eleven days before the DEA alerted the Mexicans that they’d picked up Guzmán talking with a subordinate.

Last autumn, President Calderón disclosed, “the Mexican Army “probably a couple of times has been in the place where hours before Chapo was.”  He added: “Sooner or later he will fall.”

And the moment seemed to have arrived in Los Cabos.

But from the start, U.S. and Mexican sources say, the planning was clumsy by Cervantes and that she was more focused on keeping the military subordinate and distant from the operation. She was supported in this by her boss, Luna Garcia, who saw the capture of El Chapo as the perfect end to his ministerial career and he didn’t intend to share any of the kudos with the military, say the sources.

“A number of things went wrong right from the being,” says a U.S. source. “First off, they were too obvious on the ground.”

But the biggest blunder came when the Mexican police inadvertently called both the subordinate’s phone and the one El Chapo was using to get a final confirmation of their exact whereabouts just hours before the raid was scheduled to unfold. “This was enough to tip off El Chapo that something was amiss,” says the U.S. source. “He fled shortly before the operation was launched.”

The botched operation ignited a firestorm of recriminations behind the scenes between the Americans and Mexicans with formal protests being lodged by U.S. Attorney General Eric Holder and his Obama Cabinet colleague, Homeland Security Secretary Janet Napolitano, Mexican and U.S. sources say.

“Those guys were shouting at each other,” says a Mexican source.

U.S. Drug Enforcement Administration officials stationed at the U.S. embassy in Mexico City met shortly after the failed operation with President Calderón to complain.

They expressed their frustration at the poor planning and questionable oversight that led to El Chapo’s flight before federal police could nab him at the mansion in the exclusive Punta Ballena district overlooking the Gulf of California.

The failure to nab El Chapo has undermined the trust that was being built up between U.S. and Mexican law-enforcement and has seriously undermined capturing Guzmán in the near future, say the sources. “This near miss is just going to make him even more cautious,” says a DEA source. “It turns out that recently he has been less in Durango and Sinaloa, where we assumed he was mainly hiding, and has been moving in a triangle between Tijuana, Baja California and Mexicali. Now he will change everything.”

Forbes magazine ranks Guzmán as one of the world’s richest men and estimates that he’s worth more than $1bn.  He has a $7m bounty on his head but yet again El Chapo has managed to elude a manhunt every bit as high-tech and intense as the one mounted for Al Qaeda’s leader.

It is an escape that has seriously impacted on the what has developed into fairly good cooperation between Mexican federal law enforcement and the DEA over the years of Calderón’s administration.

With the Americans on the warpath over the bungling, Genaro Luna Garcia added oil to the fire by leaking – yet again to Reforma – a story about how the DEA had screwed up an operation and laundered some cash for El Chapo—a kind of money-laundering Fast and Furious, a gun-tracking operation launched by the Americans that has backfired badly.

The background on the recent hunt for El Chapo is in my detailed report for Agora published last month.