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NYPD Covertly Tracked Cell Phones

New York police have covertly tracked cell phones, group says

Reuters: New York City’s police have made extensive use of covert devices to track cell phones without obtaining warrants since 2008, a civil liberties group said on Thursday, revealing how frequently law enforcement in the largest U.S. city has employed the technology.

The New York Civil Liberties Union released files that showed the New York Police Department used “cell site simulators” to track nearby cell phones more than a 1,000 times over the past eight years.

The American Civil Liberties Union has identified 60 local, state and federal agencies that have adopted the devices in recent years, but the group has said there are likely far more. The extent of the devices has largely been shrouded in secrecy, as departments and private manufacturers such as Harris Corp have refused to disclose information about their use.

U.S. Representative Jason Chaffetz of Utah, a Republican, has introduced a bill to require warrants for the use of cell site simulators.

The documents released on Thursday were obtained by the NYCLU through a Freedom of Information Law request.

The NYPD does not have a written policy on using the surveillance devices and does not obtain warrants when doing so, according to the NYCLU.

Instead, the department seeks “pen register” orders, which have been used for decades to gather information on specific phone numbers. The orders are issued by judges but require a lower standard than the probable cause needed for warrants.

The NYPD’s practice is less stringent than the one adopted last year by the U.S. Department of Justice, which calls for warrants except in emergency situations.

“We still have concerns that this military equipment is being used in a civilian context,” said Mariko Hirose, an NYCLU attorney. “At the very least, they should be using warrants and with a strict privacy policy that is written.”

The NYPD did not immediately respond to a request for comment.

The devices mimic cell towers and intercept signals from nearby phones to gather information. That data can include locations of calls, numbers that are called or texted and even the content of communications, the NYCLU said.

The simulators can also sweep up information from nearby “bystander” phones.

The documents do not indicate what data police collected. The simulators were used to investigate a wide range of crimes, including murder, rape and drug trafficking.

No New York court has yet tackled the question of whether the warrantless use of such devices is constitutional, Hirose said.

She said the NYCLU could have difficulty establishing the legal standing to bring such a challenge, which would probably have to come from a criminal defendant specifically targeted by a simulator.

Yikes, there is more:

Intercept: The NYPD has used cell-site simulators, commonly known as Stingrays, more than 1,000 times since 2008, according to documents turned over to the New York Civil Liberties Union. The documents represent the first time the department has acknowledged using the devices.

The NYPD also disclosed that it does not get a warrant before using a Stingray, which sweeps up massive amounts of data. Instead, the police obtain a “pen register order” from a court, more typically used to collect call data for a specific phone. Those orders do not require the police to establish probable cause. Additionally, the NYPD has no written policy guidelines on the use of Stingrays.

Stingrays work by imitating cellphone towers. They force all nearby phones to connect to them, revealing the owners’ locations. That means they collect data on potentially hundreds of people. They are small enough to fit in a suitcase, or be mounted on a plane.

When they were originally developed in 2003, Stingrays were designed for military use. But in the past decade, they have increasingly been purchased by law enforcement agencies. According to the ACLU, Stingrays are used by at least 59 police departments in 23 states, and at least 13 federal agencies, including the DEA, FBI, and the IRS. Because most departments withhold information about Stingrays, these numbers likely underrepresent the total.

In December, The Intercept published a secret U.S. government catalogue of cellphone surveillance technology, including Stingrays and “dirt-boxes.” The advertisements boast that many of the items can spy on “up to 10,000 targets.”

Stingrays have long been a topic of concern for privacy activists. “Cell-site simulators are powerful surveillance devices that can track people, including in their homes, and collect information on innocent bystanders,” said Mariko Hirose, a senior staff attorney at the NYCLU.  “If they are going to be used in communities the police should at minimum obtain a warrant and follow written policies.”

Instead, law enforcement agencies have fought to keep Stingrays secret, even dropping criminal cases to avoid disclosing anything about them. The FBI has forced local police agencies to sign Stingray-related non-disclosure agreements, claiming that criminals and terrorists who know about Stingrays could take countermeasures against them.

The increasing use of Stingrays, coupled with the lack of transparency, has alarmed civil liberties groups. “I think it’s critical to have transparency about the use of technology like Stingrays,” said Faiza Patel, an attorney with the Brennan Center for Justice. “That’s what allows courts, the public, and our elected officials to weigh in on the proper rules.”

In September, the Department of Justice issued guidelines requiring its officers to seek probable cause warrants before using a Stingray. But the guidelines only applied to federal law enforcement agencies, not to state and local police, who have fought such a change. In one ongoing court case, the state of Maryland has argued that anyone who turns on their phone consents to having his or her location tracked.

In November, Senator Ron Wyden, D-Ore., and Rep. Jason Chaffetz, R-Utah, introduced the GPS Act, a bill that would extend the Department of Justice’s guidelines to all law enforcement agencies. “Buying a smartphone shouldn’t be interpreted as giving the government a free pass to track your movements,” Wyden said.

See the government catalogue here:

Top photo: “nypd” by Nick Allen, used under CC BY 2.0/ cropped and color corrected from original.

Contact the author:

Subpoena: State Dept vs. Clinton Foundation

How the Clinton Foundation is organized

What We Know About WJC, LLC, Bill Clinton’s Consulting Company

Financial disclosures show that the former president started a pass-through company to channel his consulting fees.

Clinton Foundation received subpoena from State Department investigators

Investigators with the State Department issued a subpoena to the Bill, Hillary and Chelsea Clinton Foundation last fall seeking documents about the charity’s projects that may have required approval from the federal government during Hillary Clinton’s term as secretary of state, according to people familiar with the subpoena and written correspondence about it.

The subpoena also asked for records related to Huma Abedin, a longtime Clinton aide who for six months in 2012 was employed simultaneously by the State Department, the foundation, Clinton’s personal office, and a private consulting firm with ties to the Clintons.

The full scope and status of the inquiry, conducted by the State Department’s inspector general, were not clear from the material correspondence reviewed by The Washington Post.

A foundation representative, who spoke on the condition of anonymity to discuss an ongoing inquiry, said the initial document request had been narrowed by investigators and that the foundation is not the focus of the probe.

A State IG spokesman declined to comment on that assessment or on the subpoena.

Representatives for Hillary Clinton’s presidential campaign and Abedin also declined comment.

[How Huma Abedin operated at the center of the Clinton universe]

There is no indication that the watchdog is looking at Clinton. But as she runs for president in part by promoting her leadership of the State Department, an inquiry involving a top aide and the relationship between her agency and her family’s charity could further complicate her campaign.

For months, Clinton has wrangled with controversy over her use of a private email server, which has sparked a separate investigation by the same State Department inspector general’s office. There is also an FBI investigation into whether her system compromised national security.

Bill Clinton used LLC as a pass through

Clinton was asked about the FBI investigation at a debate last week and said she was “100 percent confident” nothing would come of it. Last month, Clinton denied a Fox News report that the FBI had expanded its probe to include ties between the foundation and the State Department. She called that report “an unsourced, irresponsible” claim with “no basis.”

During the years Clinton served as secretary of state, the foundation was led by her husband, former president Bill Clinton. She joined its board after leaving office in February 2013 and helped run it until launching her White House bid in April.

Abedin served as deputy chief of staff at State starting in 2009. For the second half of 2012, she participated in the “special government employee” program that enabled her to work simultaneously in the State Department, the foundation, Hillary Clinton’s personal office and Teneo, a private consultancy with close ties to the Clintons.

Abedin has been a visible part of Hillary Clinton’s world since she served as an intern in the 1990s for the then-first lady while attending George Washington University. On the campaign trail, Clinton is rarely seen in public without Abedin somewhere nearby.

Republican lawmakers have alleged that foreign officials and other powerful interests with business before the U.S. government gave large donations to the Clinton Foundation to curry favor with a sitting secretary of state and a potential future president.

Both Clintons have dismissed those accusations, saying donors contributed to the $2 billion foundation to support its core missions: improving health care, education and environmental work around the world.

Sen. Bernie Sanders (Vt.), Clinton’s opponent in the Democratic primary, has largely avoided raising either issue in his campaign. Last spring, Sanders expressed concerns about the Clinton Foundation being part of a political system “dominated by money.”

Sanders has batted away questions about the email scandal, famously saying at a debate last fall that, “The American people are sick and tired of hearing about your damn emails.”

The potential consequences of the IG investigation are unclear. Unlike federal prosecutors, inspectors general have the authority to subpoena documents without seeking approval from a grand jury or a judge.

But their power is limited. They are able to obtain documents, but they cannot compel testimony. At times, IG inquiries result in criminal charges, but sometimes they lead to administrative review, civil penalties or reports that have no legal consequences.

The IG has investigated Abedin before. Last year, the watchdog concluded she was overpaid nearly $10,000 because of violations of sick leave and vacation policies, a finding that Abedin and her attorneys have contested.

Republican lawmakers, led by Senate Judiciary Committee Chairman Charles E. Grassley (R-Iowa), have alleged that Abedin’s role at the center of overlapping public and private Clinton worlds created the potential for conflicts of interest.

Examples of fees paid for speeches

Iran’s Windfall From Nuclear Deal Cut in Half by Debts

NYT’s -WASHINGTON — Iran gained access to about $100 billion in frozen assets when an international nuclear agreement was implemented last month, but $50 billion of it already was tied up because of debts and other commitments, a U.S. official said on Thursday.

Stephen Mull, the State Department’s lead coordinator for implementing the international nuclear agreement with Tehran, also told the House Foreign Affairs Committee there was no evidence Iran had cheated in the first few weeks since the deal was implemented.

Mull and John Smith, acting director of the Treasury Department office that oversees sanctions, faced heated questioning from some members of the committee, where several Democrats had joined Republican lawmakers in opposing the nuclear pact that was reached in July.

Many have worried that Iran would cheat on the deal and use unfrozen funds for action against Israel or to support Islamist militants elsewhere in the region.

“Of that amount, a significant portion of it, more than $50 billion, is already tied up,” Mull said.

It was the first top-level congressional hearing on the nuclear pact since Jan. 16, when world powers lifted crippling sanctions against Iran in return for it compliance with the agreement to curb its nuclear ambitions.

“We seem to be in many instances talking tough about Iran,” said U.S. Representative Eliot Engel, the panel’s top Democrat, a deal opponent. “In reality our actions are far away from our rhetoric and that’s a worrisome thing. We want to make sure that Iran’s feet are held to the fire.”

Many members of the U.S. Congress, where every Republican and a few dozen Democrats opposed the agreement, have been calling for legislation to impose new sanctions on Iran over its ballistic missile program and human rights record.

House Republicans have been pushing legislation to restrict the ability of President Barack Obama, a Democrat, to lift sanctions under the nuclear pact. One measure passed the House on Feb. 2 almost entirely along party lines but it has not yet been taken up in the Senate and Obama has promised a veto.

*** Not so fast, all is still not kosher….

WASHINGTON (AP) — A State Department official says the U.S. does not know the precise location of tons of low-enriched uranium shipped out of Iran on a Russian vessel under the landmark nuclear agreement.

Testifying Thursday, Ambassador Stephen Mull tells the House Foreign Affairs Committee the stockpile is a Russian custody issue.

Critics of the nuclear deal seized on the shipment’s status to show the agreement’s flaws. New Jersey GOP congressman Chris Smith says it’s “outrageous and unbelievable” that Russia is being trusted to be the repository for such sensitive material. Russia is a close ally of Iran.

The low-enriched uranium is suitable mainly for generating nuclear power and needs substantial further enrichment for use in the core of a nuclear warhead. Mull says he’s confident the material will be controlled properly.

***

Saudi Arabia and Bahrain have banned Iranian-flagged vessels from entering their waters and imposed other shipping restrictions, according to ship insurers citing local reports, potentially escalating tensions between Tehran and Riyadh.

Iran has been struggling to ramp up oil exports and still faces insurance and financing hurdles despite the lifting of international curbs on its banking, insurance and shipping sectors last month as part of a nuclear deal with world powers.

A ban on Iranian ships in those ports is unlikely to affect international trade, although the uncertainty will add to trade hiccups for Iran.

Some ship insurers in recent days, citing reports from local agents and correspondents, said in notes to members that Saudi Arabia and Bahrain had banned all Iranian-flagged ships from entering their waters.

Norwegian ship insurer Gard said Bahrain had imposed a ban on any vessel that has visited Iran as one of its last three port calls.

“There is currently no such restriction in Saudi Arabia,” Gard wrote, citing information from a logistics provider. Saudi Arabian and Bahraini authorities did not immediately respond to requests for comment.

Ship insurer West of England said separately: “An entered vessel has since been denied entry to Bahrain after visiting an Iranian port two port calls earlier, resulting in the fixture being cancelled.”

Other ship insurers had yet to issue any guidance or confirm there were new regulations in place.

 

While oil companies such as Italy’s Eni and France’s Total have been looking to book cargoes from Iran, international insurers are no nearer to resolving concerns over US sanctions that remain in place.

Last month, Sunni Muslim Saudi Arabia cut ties with Shi’ite Iran after its Tehran embassy was attacked following Riyadh’s execution of a Shi’ite cleric.

In solidarity with Riyadh, Kuwait and Qatar subsequently pulled out their ambassadors from Tehran, and the United Arab Emirates downgraded its ties. Bahrain and two non-Gulf states, Djibouti and Sudan, severed relations completely.

Saudi Arabia and Iran – leading members of the Organisation of the Petroleum Exporting Countries – continue to grapple with weak oil prices.

The Double Life of a FL. Congressman

  Hello Ethics Committee….

Email Shows Concern About Alan Grayson’s Hedge Fund

Alan Grayson’s Double Life: Congressman and Hedge Fund Manager

WASHINGTON — The hedge fund manager boasted that he had traveled to “every country” in the world, studying overseas stock markets as he fine-tuned an investment strategy to capitalize on global companies’ suffering because of economic or political turmoil.

But the fund manager had an even more distinctive credential to showcase in his marketing material in June 2013: He was a “U.S. congressman,” Representative Alan Grayson, Democrat of Florida, a member of the House Foreign Affairs Committee. Now he is also among the leading Democratic candidates for one of Florida’s United States Senate seats.

This highly unusual dual role — a sitting House lawmaker running a hedge fund, which until recently had operations in the Cayman Islands — has led to an investigation of Mr. Grayson by the House Committee on Ethics.

The inquiry has become public, but emails and marketing documents obtained by The New York Times show the extent to which Mr. Grayson’s roles as a hedge fund manager and a member of Congress were intertwined, and how he promoted his international travels, some with congressional delegations, to solicit business.

Interviews and the documents show that Mr. Grayson told potential investors in his hedge fund that they should contribute money to the fund to capitalize on the unrest he observed around the world, and to take particular advantage when there was “blood in the streets.”

The emails also show how Mr. Grayson’s work for the hedge fund — which had $16.4 million in assets as of October and only for investors since it was established — at times interfered with his other duties. In August 2015, after Mr. Grayson introduced legislation calling for larger annual increases in Social Security benefits, he signed off on a plan to highlight the proposal at an event in Tampa, Fla., emails obtained by The Times show. But the plan was scuttled, two former aides said, when economic turmoil in China sent stock markets tumbling globally and Mr. Grayson had to turn his attention to the fund.

Ken Scudder, a spokesman for Mr. Grayson, disputed that account. “There has never been any time when Representative Grayson’s investment activities have disrupted any of his work, whether official or campaign-related,” he said.

Mr. Grayson says he has done nothing wrong. “Here is something that is not true: that I somehow traded on my membership as a U.S. congressman to get clients for this fund,” Mr. Grayson said in an interview. He added that in the last year he had refunded the full original investments put in by his two outside investors in a fund that had faced steep losses — leaving only Mr. Grayson and a family trust invested in the fund.

Mr. Grayson has closed the Cayman Islands branches of the hedge fund, and in September, after the ethics complaint was filed, he changed the name of the fund from the Grayson Fund to the Sibylline Fund, LP. He did so, he said, to try to assuage critics who said he was violating congressional ethics rules by naming a professional business after himself. Although Mr. Grayson said he did not agree that the name was a violation, “there was no point in arguing about it any longer.”

But Mr. Grayson’s activities have long concerned his campaign aides. In private emails in June, Mr. Grayson’s aides pleaded with him to close the hedge fund, convinced that its focus on investing in nations hit by political or economic strife, and its ties to the Cayman Islands, a notorious tax haven, sharply conflicted with his image as a scold of Wall Street — even if he had not done anything wrong.

“This is going to be the drip, drip, drip story that never goes away,” Doug Dodson, Mr. Grayson’s Senate campaign manager until the end of 2015, wrote in a June email to Mr. Grayson, saying his political opponents would “try to make you look like a hypocrite and a fraud and not the populist you claim to be.” Read the whole summary here.

Syria, now Uncontrollable

Opposition Leader: U.S. Diplomacy Costs Syrian Lives

Bloomberg: In the days since the collapse of the Syria peace talks championed by U.S. Secretary of State John Kerry, the humanitarian catastrophe in northern Syria has grown, tens of thousands of new refugees were created, and the Russian- and Iranian-backed killing of civilians has increased. These are all consequences of the flawed U.S. strategy, according to the lead negotiator for the Syrian opposition.

Riyad Hijab was prime minister of Syria in 2012 under the dictator Bashar al-Assad; he became the highest-ranking defector from the regime when he switched sides and joined the rebels. He is now the leader of the High Negotiating Committee that represented the Syrian opposition at last week’s meetings in Geneva, which collapsed after two days. Kerry had pressured the Syrian opposition leaders to attend, even warning they could lose their U.S. funding if they boycotted. Hijab says that Kerry’s approach — to try to persuade Assad and Russia to negotiate while the offensive continues — has actually made things much worse.

“The administration is saying it is testing the good faith of the other side,” Hijab told me in a phone interview on Monday. “But when you are testing these things and it fails, the price that is being paid is horrendous death and the expansion of extremism and terrorism on the ground.”

Syrian forces backed by Russian air power are pressing an offensive against rebel groups in and around Aleppo, the nation’s largest city, that began before the scheduled peace talks. Kerry said Friday, “This has to stop.” He said he would know if the other parties, such as Russia, were “serious” about upholding United Nations Security Council resolutions on protecting civilians after a meeting later this week in Munich of the international group of countries supporting proxies in the Syrian civil war.

In the eyes of the Syrian opposition, Russia and Iran are making a mockery of the peace process, and Kerry’s reluctance to acknowledge this is putting them in deadly harm. It also creates more problems for America’s regional allies, aids the Islamic State and dims the prospects for future peace talks. “The failures of the negotiations end up lowering the credibility of the moderate opposition in front of the Syrian people,” said Hijab. “United States credibility is plummeting within the population of Syria but also in the region as a whole.”

This week, it is Syrians near Aleppo who are paying the price. Regime forces, with Russian support, are advancing toward the Turkish border, threatening to cut off opposition groups and civilians from their source of aid. At least 35,000 people have joined the flood of refugees since the collapse of the talks, ahead of what many anticipate will be another in a long line of starvation sieges the regime is perpetrating on cities. Hijab said there are now 18 cities under siege, three more than when the talks began. More here.

Syria, already a catastrophe, seems on the verge of an uncontrollable disaster

WaPo: Suddenly, after four years of brutal civil war, Syria this week became even more of an uncontrollable military, diplomatic and humanitarian disaster.

“We are not blind to what is happening,” Secretary of State John F. Kerry said Tuesday, as he prepared for a meeting in Munich of stakeholders from outside Syria. “We are all very, very aware of how critical this moment is.”

The Thursday gathering could well be the last gasp of a three-month, Kerry-orchestrated effort to bring together powerful countries on all sides of the conflict — from Russia and Iran on behalf of the government of Syrian President Bashar al-Assad, to the United States and its partners on the opposition side — to try and forge a political solution that would allow them all to focus their efforts on defeating the Islamic State.

What seemed possible even two weeks ago, however, now seems all but hopeless. Failure of planned peace negotiations could lead President Obama finally to a decision he has long resisted — whether to more fully arm and back rebel groups whose cohesion and commitment to a democratic and secular Syria he mistrusts.

In recent days, Russian bombardment of opposition forces north of Aleppo, a rebel stronghold, has severed opposition supply lines and threatens to allow government-aligned forces to encircle the city. In a letter sent to the Obama administration this week, Russia proposed to stop the bombing on March 1, allowing it to continue for another three weeks

The Russian blitz has allowed pro-government ground forces, mostly composed of Iranian-trained militias from Iraq, Iran and Lebanon’s Shiite Hezbollah, to push north to with 20 miles of the Turkish border. This is the same area where the United States and Turkey have planned to carve out an opposition-held zone to combat Islamic State forces approaching it from the east.

Tens of thousands of new refugees have fled Aleppo and its environs to the recently closed Turkish border. Mercy Corps, one of the few aid agencies in a position to help them, said Tuesday that its supplies will soon run out. For those who haven’t fled, the encirclement of Aleppo “would leave up to 300,000 people, still residing in the city, cut off from humanitarian aid unless cross-line access could be negotiated,” the United Nations said.

In Europe, where a flood of nearly a million migrants and refugees from the region, most of them Syrians, have already arrived, political and social tensions are threatening the foundation of European unity constructed over the past 70 years.

“There are fault lines emerging that we thought we had overcome,” said Peter Wittig, Germany’s ambassador to the United States, who described the situation as an existential threat to Europe.

“The United States has been slow to recognize this is a much bigger thing than anything else we’ve experienced since the beginning of the European Union,” Wittig said. “We didn’t see it earlier, we were totally unprepared. . . . We’re not blaming the United States. It takes time for this country to realize that it’s really that serious.”

Germany has taken in the bulk of the migrants and refugees, while some Eastern European members of the E.U. have closed their borders to them.

Negotiation track derided

U.S. ties have become strained with partners closer to the conflict. These allies fear the Obama administration has been blinded to the threat from Russia and Iran by its desire to believe they can be swayed by diplomatic reason and appeals to shared worries about expansion of the Islamic State.

One senior official from a close partner nation described the negotiation track as a farce. The official said that it was unrealistic to expect the opposition to come to the table when its forces are being decimated on the ground and civilians are being starved by Russian bombing and the government gains it has enabled, in violation of United Nations resolutions that Moscow agreed to in order to get the talks started. The official, who said that U.S. leadership is still essential if the war is to end, did not want to be identified by name or nationality in order to speak candidly.

Frontline Turkey, a NATO ally and member of the U.S.-led coalition against the Islamic State, has dithered over its priorities, concerned that a U.S. alliance with Syrian Kurds fighting against the militants will give advantage to Turkish Kurds who seek independence. Even as pro-government forces expand north from Aleppo, Kurdish fighters in Syria’s northwest corner are pushing into the same area.

Turkish President Recep Tayyip Erdogan has demanded that the United States choose between Turkey and the Syrian Kurdish Democratic Union Party. After State Department spokesman John Kirby said this week that the United States does not consider the Syrian Kurds to be terrorists while recognizing that Turkey does, the Ankara government called in U.S. Ambassador John R. Bass on Tuesday for a dressing-down.

Talks between the Syrian government and opposition were suspended before they began this month after rebel representatives said they would not sit at the table until the government provided humanitarian access to besieged areas and released women and children it is holding prisoner. The Munich meeting, originally scheduled to monitor progress in the negotiations, became a final effort to get them started.

Scorched-earth policy

Kerry has long sought a more muscular U.S. policy than Obama has allowed. But he also firmly believes that if negotiations can begin, Assad will eventually be forced from power, with Russian acquiescence in the face of the inevitable.

For the moment, Moscow seems more interested in adjusting the balance of power on the ground — where just months ago, the rebels were on the ascendant — to strengthen Assad’s position before entering talks about his future.

Near the Turkey-Syria border Tuesday, rebels said they fear they are being betrayed by the countries they thought were their allies — most notably the United States. Without significant new injections of arms and ammunition, they said, they will not survive the combined onslaught of intense Russian airstrikes and advances by pro-government ground forces.

“Russia is the second superpower in the world, and Russia is using all of its power against the rebels,” said Mohammed Adib, a political officer with Jabhat Shamiya, the main rebel group fighting in northern Aleppo province. “They’re using a scorched-earth policy, and they don’t care what the international community says.”

“The problem is the friends of the regime are really good friends and give lots of support, whereas our friends sometimes give support and sometimes not,” he said.

While they don’t expect they will receive anti-aircraft missiles, which would have a major impact on the balance of power, rebels said they still hope to receive upgraded weapons, including new-generation models of the TOW missiles that have proved effective at taking out the Syrian government’s aging battle tanks, though these are no match for newly supplied Russian T-90 tanks.

If the rebel fighters cannot rebound, Adib and other rebel spokesmen said, there is a risk that opposition fighters will join more radical organizations, including the Islamic State. “People will not surrender to [Assad] under any circumstances,” said Khaled Shihabeddine, a political adviser to the Noureddin al-Zinki rebel group. “If things stay as they are, with no support and no one stopping Russia, the rebels will be pushed into a corner and . . . all possibilities will be open.”