Pentagon’s Plan to Close Gitmo

Read it and permission granted to shake your head.

DOD Releases Plan to Close GTMO

02/23/2016

FAS: Conceding that “the politics of this are tough,” President Obama announced this morning the release of the Department

of Defense (DoD) plan to close the prison facility at the U.S. Naval Station, Guantanamo Bay, Cuba. The document

reiterates current procedures for transferring detainees to their home countries or other countries abroad, but perhaps

more controversially, promises to “work with Congress to relocate [certain detainees] from the Guantanamo Bay

detention facility to a secure detention facility in the United States, while continuing to identify other non-U.S.

dispositions.” The plan does not specify a particular location within the United States where detainees would be housed

(although it states 13 possible sites have been identified), but emphasizes the Attorney General’s 2014 conclusion that

relocation to the United States would not risk ascribing to transferees additional rights under the U.S. Constitution or

immigration laws. (This analysis, required by section 1039 of the National Defense Authorization Act for FY 2014, is

attached as an appendix to the plan).

Predicting that the closure of the detention facility will save between $140 million and $180 million over FY 2015

operating costs, the plan lays out how the Administration hopes to resolve the disposition of the 91 detainees remaining

at Guantanamo Bay. The U.S. Government, it says, is pursuing three lines of effort:

1. identifying transfer opportunities for detainees designated for transfer;

2. continuing to review the threat posed by those detainees who are not currently eligible for transfer and who are

not currently facing military commission charges; and

3. continuing with ongoing military commissions prosecutions and, for those detainees who remain designated for

continued law of war detention, identifying individualized dispositions where available, including military

commission prosecution, transfer to third countries, foreign prosecutions or, should Congress lift the ban on

transfers to the United States, transfer to the United States for prosecution in Article III courts and to serve

sentences.

The plan acknowledges that current law prohibits the transfer of detainees into the United States. Current legislative

barriers to the transfer of Guantanamo detainees to the United States include two provisions in the 2016 NDAA (P.L.

114-92). Like previous provisions in national defense authorization and appropriations legislation (beginning with

section 14103 of the 2009 Supplemental Appropriations Act (P.L. 111-32)) section 1031 of the 2016 NDAA prohibits

the use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba,

to the United States. This prohibition expires on December 31, 2016. Section 1032, also reiterating prohibitions from

previous years, prohibits until December 31, 2016, the use of funds to construct or modify facilities in the United States

to house detainees transferred from Guantanamo Bay.

These provisions are also carried over in the 2016 Consolidated Appropriations Act (Omnibus) (P.L. 114-113), Division

B, Title V (Commerce, Justice and Science) sections 527 and 528, and Division C, Title VIII (Department of Defense)

sections 8103-8104, except that the prohibitions cover funds appropriated in “this or any other Act.” The transfer

provision is repeated in Division F, Title V (Homeland Security) section 532. Title IV, section 412 of Division J

(Military Construction and Veterans Affairs) repeats the prohibition on building modifications or construction in the

United States to house Guantanamo detainees. Title VI of Division M (Intelligence) repeats the prohibitions with

respect to the Intelligence Community.

The plan appears to be a response to a 2016 NDAA provision that directed DOD to submit a comprehensive detention

strategy, which included such elements as an assessment of possible detention sites within the United States. Some

have criticized the DoD plan as failing to address sufficiently the required elements of the report. Additionally,

although nothing in the DoD plan suggests that the White House is considering using an executive order to bypass the

statutory restrictions and transfer detainees into the United States, it has been suggested that the President has

constitutional authority to close the detention facility despite legislative prohibitions currently in force. Others,

however, disagree, and the Joint Chiefs of Staff have denied in a recent letter to certain Members of Congress that there

is any intent to take actions contrary to statutory restrictions.

 

 

More Benghazi Witnesses and Emails

Select Committee Announces Scheduled Testimony of Additional Witnesses

Washington, D.C. — Select Committee on Benghazi Chairman Trey Gowdy (SC-04) released the following statement announcing the upcoming private testimony of additional witnesses:

“Our committee continues to break an immense amount of new ground as we compile the most comprehensive accounting of what happened before, during and after the terrorist attacks in Benghazi. As we approach our 80th witness interview and work to release our report and recommendations before summer, it’s time for the administration to turn over the records this committee requested nearly a year ago. The American people and the families of the victims deserve the truth, and I’m confident that the value and fairness of our investigation will be abundantly clear to everyone when they see the report for themselves.”

The following witnesses will be questioned in private and bring the total number of witnesses interviewed to 79, including 62 who had never before been interviewed by a congressional committee (these are denoted with asterisks). This schedule is not comprehensive and is subject to change.

 

Thursday, February 25, 2016

Witness:  Gentry Smith, former Deputy Assistant Secretary for Countermeasures within the State Department’s Bureau of Diplomatic Security*

 

Tuesday, March 1, 2016

Witness: An eyewitness to the attacks from the national security community

 

Thursday, March 3, 2016

Witness: James “Sandy” Winnefeld, Jr., former Vice Chairman of the Joint Chiefs of Staff*

 

Friday, March 4, 2016

Witness: Susan Curley, Managing Director of the State Department’s Office of Management Policy, Rightsizing and Innovation*

***

Reminder: Just last week ~

State Department Turns Over 1,600 Newly-Discovered Clinton Documents to Benghazi Committee

FreeBeacon: The State Department turned over 1,600 pages of previously undisclosed documents related to Hillary Clinton and Libya to the House Benghazi committee on Friday, a month after it revealed the existence of the documents in an unrelated court case.

The House Select Committee on Benghazi announced it received the records on Friday, adding that the State Department has yet to fully comply with document requests the committee made nearly a year ago.

“Today the State Department turned over more than 1,600 pages of new documents related to former Secretary Clinton and Libya,” the committee said. “The State [Department] claimed in a January 8th court filing that it only recently discovered these new documents from the Office of the Secretary.”

In January, the State Department disclosed in a court filing that it had recently discovered “thousands” of new documents related to Clinton’s tenure and the Benghazi attack. The filing was in response to a lawsuit by the conservative watchdog group Judicial Watch, which has been seeking records from Clinton’s time at the State Department.

The documents may be released in response to public records requests, but the copies received by the Benghazi committee are not redacted in regard to Libya and Benghazi issues.

The records come from the Office of the Secretary, which would likely include Clinton’s Chief of Staff Cheryl Mills, top aide Huma Abedin, and Clinton’s deputy chief of staff and scheduler.

The Benghazi committee announced last week that it had conducted its 75th interview as part of its investigation into the 2012 Benghazi attack, interviewing former Director of the National Counterterrorism Center Matt Olsen. The committee recently interviewed Patrick Kennedy, the under secretary of state and a key member of Clinton’s inner circle. Most of the committee’s interviews have been conducted privately.

“While there are still witnesses to talk to and documents to review, these significant breakthroughs are big wins that will help the committee complete the most comprehensive investigation into what happened before, during and after the Benghazi terrorist attacks, and release a report as soon as possible,” committee chairman Rep. Trey Gowdy (R., S.C.) said in a statement announcing the panel’s progress last week.

The Letter: Declassified but Somewhat Redacted

ODNI & DOJ Announce the Release of a Previously Classified Letter from Former Deputy Assistant Attorney General Yoo to former FISC Presiding Judge Kollar-Kotelly

February 29, 2016

The Letter

ODNI: The Department of Justice has released today in redacted form a previously classified 2002 letter from former Deputy Assistant Attorney General John Yoo of the DOJ Office of Legal Counsel addressed to former Foreign Intelligence Surveillance Court Presiding Judge, Colleen Kollar-Kotelly.

The letter was designed to address certain questions that Judge Kollar-Kotelly raised during her first briefing on May 17, 2002, concerning certain collection activities authorized by President George W. Bush shortly after the attacks of September 11, 2001, referred to as the President’s Surveillance Program.  As described in the publicly released Inspectors General reports concerning the PSP dated July 10, 2009 (published April 25, 2015 and September 21, 2015), Judge Kollar-Kotelly was permitted to read the letter, but was not authorized to retain a copy or take notes. The 2002 letter purports to generally outline the scope of the President’s legal authority to conduct possible electronic surveillance techniques after the attacks of September 11, 2001. Beginning in 2004, the Department of Justice thoroughly reexamined the factual underpinnings and legal analysis for the PSP culminating in a legal opinion issued by the Office of Legal Counsel on May 6, 2004. (That opinion is also publicly available in redacted form)

Additional Background

As previously released in the IC on the Record posting of December 21, 2013, President Bush authorized the NSA, via a series of classified authorizations beginning in October 2001, to collect three “baskets” of information, including: (1) the contents of certain international communications (which was later referred to as the Terrorist Surveillance Program); and the bulk collection of non-content (2) telephony and (3) Internet metadata, subject to various conditions. NSA’s content interception activities under the TSP were limited to the acquisition of specific international communication (i.e., to or from the United States) involving persons reasonably believed to be associated with al Qaeda and affiliated terrorist organizations. Over time, these presidentially-authorized activities were transitioned to the authority of the Foreign Intelligence Surveillance Act. The collection of communications pursuant to the TSP ended in 2007, and the Government transitioned this collection to be undertaken pursuant to FISA authority and orders of the Foreign Intelligence Surveillance Court. Later, in August 2007, Congress enacted the Protect America Act as temporary authority to provide for the acquisition of certain communication content. The PAA, which expired in February 2008, was replaced by the FISA Amendments Act of 2008, which was enacted in July 2008 and remains in effect.

Today, content collection targeting non-U.S. persons reasonably believed to be located overseas for foreign intelligence purposes is conducted pursuant to section 702 of FISA.  No U.S. person or person located in the United States may be intentionally targeted pursuant to section 702. The bulk collection of Internet metadata under the PSP was transitioned to the authority of the FISA in July 2004 (and ceased in December 2011, when the U.S. Government decided to not seek reauthorization from the FISC).The bulk collection of telephony metadata under the PSP was transitioned to the authority of the FISA in May 2006. In November 2015, the USA FREEDOM Act ended the NSA’s collection of telephone metadata in bulk, and provided a new mechanism for the Government to obtain the targeted production of call detail records relating to authorized investigations to protect against international terrorism through applications to the FISC.

The transition of PSP activities to authority of the FISA is described in greater and more specific detail in documents previously disclosed in IC on the Record.

***

As noted by the Bush White House Archives:

Fact Sheet: President Bush Has Kept America Safe

President Bush Fundamentally Reshaped Our Strategy To Protect The American People

“Because of … the efforts of many across all levels of government, we have not suffered another attack on our soil since September the 11th, 2001.”

President George W. Bush (March 8, 2008)

On December 17, President Bush visited the Army War College in Carlisle, Pennsylvania, and discussed efforts to protect the security and liberty of the American people.  Following the attacks of September 11, 2001, President Bush took the fight to the enemy to defeat the terrorists and protect America.  The President deployed all elements of national power to combat terrorism, which had previously been considered primarily a “law enforcement” issue.  He transformed our military and strengthened our national security institutions to wage the War on Terror and secure our homeland.  The President also made missile defense operational and advanced counterproliferation efforts to help prevent our enemies from threatening us, and our allies, with weapons of mass destruction.

Secured the Homeland 

  • Protected our Nation and prevented another attack on U.S. soil for more than seven years, modernized our national security institutions and tools of war, and bolstered our homeland security.  Under the President’s watch, numerous terrorist attacks have been prevented in the United States.  These include:
    • An attempt to bomb fuel tanks at JFK airport;
    • A plot to blow up airliners bound for the East Coast;
    • A plan to destroy the tallest skyscraper in Los Angeles;
    • A plot by six al Qaeda inspired individuals to kill soldiers at Fort Dix Army Base in New Jersey;
    • A plan to attack a Chicago-area shopping mall using grenades; and
    • A plot to attack the Sears Tower in Chicago.
  • Arrested and convicted more than two dozen terrorists and their supporters in America since 9/11.
  • Froze the financial assets in the United States of hundreds of individuals and entities linked to terrorism and proliferation.
  • Doubled the Border Patrol to more than 18,000 agents, equipped the Border Patrol with better technology and new infrastructure, and effectively ended the process of catch and release at the border.  Increased border security and immigration enforcement funding by more than 160 percent and constructed hundreds of miles of fencing and vehicle barriers.
  • Instituted a process to screen every commercial air passenger in the country, launched credentialing initiatives to better identify passengers, and expanded the Federal Air Marshal Program.  Replaced the multiple watchlists that were in place prior to 9/11 with a single, consolidated watchlist, and incorporated biometrics in screening and identifying individuals entering our country.  Created US-VISIT to screen foreign travelers and prevent terrorists from entering America.  Required secure identification at our ports of entry to better monitor individuals entering the United States.
  • Invested more than $38 billion in public health and medical systems, created a biothreat air monitoring system, and developed a national strategy and international partnership on avian and pandemic flu.
‘History – assuming it is written by free men and women not intimidated into silence by the fear of attracting the terrorists’ notice – will be exceedingly kind to this president.’

The Atlanta Journal-Constitution (Sept. 16, 2007)

Waged the Global War on Terror

  • Removed the Taliban from power and brought freedom to the 25 million people of Afghanistan.
  • Freed 25 million Iraqis from the rule of Saddam Hussein, a dictator who murdered his own people, invaded his neighbors, and repeatedly defied United Nations resolutions.
  • Captured or killed hundreds of al Qaeda leaders and operatives in more than two dozen countries with the help of partner nations.  September 11 mastermind Khalid Sheikh Mohammed is in U.S. custody and Abu Musab al-Zarqawi, the former leader of al-Qaeda in Iraq, was killed in 2006.  Removed al Qaeda’s safe-haven in Afghanistan and crippled al Qaeda in Iraq, including defeating al Qaeda in its former stronghold of Anbar Province.

Transformed Our Approach to Combating Terrorism After the 9/11 Attacks

  • Increased the size of our ground forces and number of unmanned aerial vehicles and strengthened special operations forces by increasing resources, manpower, and capabilities.  Increased the Defense Department’s base budget more than 70 percent since 2001, including increased funding for military pay and benefits, research, and development.  Started moving American forces from Cold War garrisons in Europe and Asia so they can deploy more quickly to any region of the world.  Modernized and transformed the National Guard from a strategic reserve to an operational reserve.
  • Forged a new, comprehensive cybersecurity policy to improve the security of Federal government and military computer systems and made protecting these systems a national priority.
  • Improved cargo screening and security at U.S. ports and increased containerized cargo screening overseas.
  • Established a more unified, collaborative intelligence community under the leadership of a Director of National Intelligence to ensure information is shared among intelligence and law enforcement professionals so they have the information they need to protect the American people while respecting the legal rights of all U.S. persons, including freedoms, civil liberties, and privacy rights guaranteed by Federal law.
  • Consolidated 22 agencies and 180,000 employees under a new agency, the Department of Homeland Security, to foster a comprehensive, coordinated approach to protecting our country.
  • Advocated for and signed into law the USA PATRIOT Act, the Intelligence Reform and Terrorism Prevention Act, and a modernization of the Foreign Intelligence Surveillance Act.
  • Shifted the FBI’s focus from investigating terrorist attacks to preventing them.  Created the National Security Branch at the FBI, which combines the FBI’s counterterrorism, counterintelligence, intelligence, and weapons of mass destruction (WMD) elements under the leadership of a senior FBI official.
  • Created the Terrorist Screening Center and the National Security Division at the Department of Justice.

Invigorated International Alliances And Partnerships To Make America Safer And More Secure

  • Partnered with nations in Europe, the Middle East, Asia, Africa, and the Western Hemisphere on intelligence sharing and law enforcement coordination to break up terrorist networks and bring terrorists to justice.
  • Transformed NATO to face 21st century threats, including strengthening the Alliance’s capabilities against WMD and cyber attacks, while leading the international military effort in Afghanistan.
  • Established the Proliferation Security Initiative (PSI) and other multilateral coalitions to stop WMD proliferation and strengthen our ability to locate and secure nuclear and radiological materials around the world.  Dismantled and prevented the reconstitution of the A.Q. Khan proliferation network, an extensive, international network that had spread sensitive nuclear technology and capability to Iran, Libya, and North Korea.
  • Worked with European partners to limit Iran’s ability to develop weapons of mass destruction and ballistic missiles and finance terrorism, and initiated targeted sanctions against Iran’s Quds Force.  Gathered support for and won passage of three Chapter VII United Nations Security Council resolutions that impose sanctions on Iran and require it to suspend its uranium enrichment and other proliferation-sensitive nuclear activities.
  • Established the Six Party Talks framework in partnership with China, South Korea, Japan, and Russia.  Obtained a commitment from North Korea to abandon all nuclear weapons and existing nuclear programs.  Since November 2007, USG experts have supervised North Korea’s activities to disable its plutonium production capability.
  • Persuaded Libya to disclose and dismantle all aspects of its WMD and advanced missile programs, renounce terrorism, and accept responsibility for prior acts of terror.  Normalized our relations with Libya as a result.
  • Signed agreements for missile defense sites in the Czech Republic and Poland to help protect America and its allies from the threat of WMD delivered by ballistic missiles.  Obtained NATO endorsement of plans to deploy missile defense assets in Europe.

Iran Denies U.S. Travel Visas

Oh, but wait to whom exactly? Investors? Nah…to members of Congress…..uh huh But we normalized relations right?

Iran Denies Travel Visas to U.S. Lawmakers

FreeBeacon: Iran has denied travel documents to three U.S. lawmakers who sought to observe the country’s Friday elections and ensure that they were carried out fairly, according to information provided to the Washington Free Beacon.

The Iranian regime delayed for weeks and ultimately ignored multiple visa requests by three House lawmakers who sought permission to travel to the country in order to monitor the elections held last Friday. Observers say the elections ushered in another crop of hardline, anti-American officials.

The congressmen, including Reps. Mike Pompeo (R., Kan.), Lee Zeldin (R., N.Y.), and Frank LoBiondo (R., N.J.), personally delivered their visa applications to the Iranian Interests Section of the Pakistani embassy in Washington, D.C., several weeks ago.

The lawmakers sought to observe the recent elections, as well as visit the country’s nuclear sites and meet with American hostages currently being held in Iran. While at the embassy, they provided Iranian diplomats with a list of their priorities for the visit.

The Iranian government failed to respond to these requests despite assurances from officials that the matter would be dealt with in a timely fashion. Iran has yet to explain why it did not respond to the congressmen.

Pompeo and the other lawmakers said Iran’s behavior indicates that it has something to hide from the United States and that the country cannot be trusted to uphold promises made under the recent nuclear agreement. They also criticized the Obama administration for not advocating on their behalf.

“Our straightforward and sincere visa applications have been met with mockery and delay from Iran, revealing this regime’s desire to hide from the American public,” Pompeo, a member of the House Permanent Select Committee of Intelligence, told the Free Beacon on Monday. “I am hopeful that the next U.S. president will critically examine the utility of President Obama’s nuclear deal and put America’s interests ahead of political legacy.”

Pompeo further described Friday’s election in Iran as a “sham” that served to enable the country’s hardline government.

“Because the fanatical Ayatollah holds ultimate power, February 26 was more of a selection of the next group of radicals by the current radicals, than a true election by the people,” he said. “Iranian state television has declared a national victory for the hardliners—politicians who declared that Israelis ‘aren’t human’ and who called for the execution of the pro-democracy Green Movement leaders were selected.”

Early election results indicate the hardliner candidates dominated the election, in part because most moderates were disqualified from participating in advance.

Iran’s Guardian Council, which is controlled by the Supreme Leader, is believed to have disqualified around 60 percent of the potential candidates, including around 99 percent of those viewed as reformists.

“The bulk of the disqualified candidates represent comparatively pragmatic elements of the ruling elite,” Saeed Ghasseminejad, an Iran expert at the Foundation for Defense of Democracies, explained in a policy briefing last week. “On the other hand, most of the approved contenders are radical revolutionaries—devotees of the supreme leader with close ties to the Islamic Revolutionary Guard Corps (IRGC). It is mathematically impossible for the less-hardline factions to win at the ballot box.”

“As a result, those supposed ‘moderates’ who were approved have been forced to round off their party lists with hardline candidates,” Ghasseminejad said.

LoBiondo and Zelden said that Iran’s refusal to grant them travel documents is a sign that the country is not seeking to boost ties with the U.S. as a result of the nuclear deal.

“In this supposed ‘new era of openness and cooperation,’ it is disappointing—but not surprising—that our request to visit Iran and monitor these elections was met with a closed door,” said LoBiondo, chair of the House’s CIA subcommittee.

“Furthermore, with the implementation of the nuclear deal and with Americans still detained in Tehran, it is perplexing why the Obama administration refuses to advocate on behalf of our official Congressional visit to Iran on such critical national security issues.”

“It’s unfortunate that Iran has not yet granted our request for visas to observe Iran’s election and for other productive purposes. The American people and rest of the free world still deserve first hand confirmation of what present day reality is in Iran. I look forward to Iran showing that it is a partner in peace by issuing our visas so that we can meet with Iranian leadership, visit nuclear sites, and meet with American hostages,” said Zeldin, a member of the House Foreign Affairs Committee.

*** Western corporations have been doing business in Iran for decades despite sanctions, especially so since 2013;

US-listed companies doing business in Iran: $540 million in revenue and counting

QZ: Economic sanctions on Iran have been getting tougher in recent years, and the United States tightened the screws a little more last summer with the Iran Threat Reduction and Syria Human Rights Act (PDF).
One unusual aspect of that law is that it started requiring companies traded on US stock exchanges to disclose more about the business they’re doing with Iran, and the Securities and Exchange Commission created the clunkily named IRANNOTICE filing to help them do it.
Companies were already beginning to disclose more about their ties to Iran, Syria, Cuba and other countries non grata (at least in US eyes) under pressure from the SEC. Now they must be systematic about it—and disclose gross revenue and net profits wherever possible.
Quartz’s partial tally: more than $540 million in gross revenue and $15.5 million in profits for US-listed companies from their business with Iran in 2012—and that’s just from 30 or so large companies that have made the disclosures since mid-February.
The numbers underscore the difficulty of maintaining tight sanctions in a global economy. But they also hide a lot of nuance and variation.
Companies based outside the US accounted for 99% of the revenue and three-quarters of the profit. (They made the disclosures because they list shares or American Depository Receipts on US markets.)
In fact, a big chunk of the total came from one company: $414 million in revenue for Statoil ASA, the Norwegian oil and gas company, from Statoil’s contracts with the National Iranian Oil Co.
Statoil also said it has terminated its agreements with Iran, abandoned it licenses there, and “will not make any investments in Iran under present circumstances.”
That’s a common refrain in the disclosures we saw: Many, though not all, of the disclosed transactions reflected companies wrapping up old business en route to cutting most or all ties with the Islamic republic. Typically, the transactions hadn’t been prohibited before the new rules kicked in.
Among the other noteworthy disclosures:
ING Groep said it collected €58 million in revenue and €395,000 in profits from repayment of old loans and a collection of frozen Iranian bank accounts. (Of course, in June, ING also settled allegations by the US Treasury and federal prosecutors that it hid transactions with Cuba and helped finance some sales to Iran, by agreeing to pay $619 million in penalties. It if keeps its nose clean for 18 months, the prosecutors will drop their charges.)
The biggest disclosure by a US company came from auto-parts maker TRW Automotive Holdings, which said it collected $8.3 million in revenue and $377,000 in profits from non-US subsidiaries that “sold products to customers that could be affiliated with, or deemed to be acting on behalf of, the Industrial Development and Renovation Organization” — one of the Iranian entities on the federal government’s massive list.
Under broad rules defining corporate “affiliates,” TRW’s transactions forced investor Blackstone Group to file its own disclosure. And Carlyle Group disclosed that a European portfolio company, Applus Servicios Technologicos, collected €1.19 million in revenue (and €200,000 in profits) from Iranian customers “that could be affiliated with the Industrial Development and Renovation Organization.” Similarly, Hertz had to report that a French affiliate of investor Clayton, Dubilier & Rice had received €2.5 million in payments from Iranian interests to an account at Bank Melli last year. And Apollo Global Management disclosed that portfolio company LyondellBasell Industries (Apollo funds owned 19.6%) reported collecting €4.2 million in revenue and €2.4 million in profit last year from Iranian entities.
Thomson Reuters reported $2.4 million in revenue and $426,000 in profits from selling news and intellectual-property and financial data to Iran-linked entities.


Other big Iran-related disclosures included GlaxoSmithKline at £19.7 million in revenue and £2.8 million in profits, and AstraZeneca at $14 million in revenue and $6 million in profits, both through distributors. Glaxo said that, after a review of the business, it “intends to supply only products of high medical/public health need (as determined using criteria set by the World Health Organization) from its Pharmaceuticals and Vaccines businesses.” AstraZeneca says it has a US license to do some business with Iran, but so far has sold only drugs from outside the US to distributors there.
Amusingly, at least for observers, there doesn’t seem to be a lower threshold to the disclosure requirement. So Dell, the Texas computer company, disclosed a whopping £106.13 ($169.90 at the time) in revenue from Iran, collected by a United Kingdom subsidiary to Quest Software, which Dell said last year it would acquire. The fees were paid by a unit of Bank Melli, which the US government links to Iran’s nuclear and missile programs, for maintenance licenses on software that helps search email and other communications. Drafting Dell’s 374-word disclosure probably cost the company more than the licenses brought in. (Dell says it canceled the service contract and won’t do further business with Bank Melli.)
Other picayune disclosures include Hyatt Hotels, which said the Park Hyatt Hamburg collected $9,300 for 33 room nights under a preferred-rate arrangement with Europaeisch-Iranische Handelsbank, which is on the US Treasury’s Blocked Persons List. And CME Group said it received $3,150 in revenue for selling market data to Iran’s Government Trading Group and a European subsidiary of the National Iranian Oil Company.

al Qaeda Making a Comeback

Al Qaeda Makes a Comeback

Intelligence analysts paid close attention last month when al Qaeda’s master bombmaker, Ibrahim al Asiri — whose name tops U.S. kill lists — issued an audiotape from his hiding place.

NBC: The content was the usual anti-Saudi Arabian screed, sprinkled with threats against America — but the news was Asiri’s sudden willingness to join the terror group’s PR campaign. For years, the man who tried to take down planes with underwear and parcel bombs had laid low, as al Qaeda’s Yemen affiliate tried to protect him from U.S. drone strikes.

In 2016, however, a resurgent al Qaeda is emerging from the shadows. While ISIS has been soaking up headlines, its older sibling has been launching attacks and grabbing territory too, and U.S. intelligence officials tell NBC News they are increasingly concerned the older terror group is poised to build on its achievements.

“Al Qaeda affiliates are positioned to make gains in 2016,” James Clapper, the director of national intelligence, warned the House Intelligence Committee Thursday.

Because of those far-flung affiliates, al Qaeda “remains a serious threat to U.S. interests worldwide,” Lt. Gen. Vincent Stewart, the director of the Defense Intelligence Agency, told Congress recently.

After seizing a large segment of Iraq and Syria, beheading Western hostages on camera and slaughtering civilians in the heart of Paris, ISIS has eclipsed its extremist rival as the biggest brand in global jihad.

But U.S. officials tell NBC News that al Qaeda — though its core in Pakistan has been degraded by years of CIA drone strikes — is now experiencing renewed strength through its affiliates, led by al Qaeda in the Arabian Peninsula (AQAP) in Yemen and the Nusra Front in Syria. Clapper called the two groups al Qaeda’s “most capable” affiliates in his House testimony Thursday.

Both branches have expanded their territorial holdings over the last year amid civil wars. Russian air strikes against the Nusra Front, and CIA drone attacks on AQAP leaders, have set them back, but have not come close to destroying them.

Al Qaeda has not managed to attack a Western target recently, but it continues to inspire plots. There is no evidence December’s mass shooting in San Bernardino, California was directed by al Qaeda, but Syed Rizwan Farook, who carried out the attack with his wife Tashfeen Malik, appears to have been radicalized by al Qaeda long before the rise of ISIS. He was a consumer of videos by al Qaeda’s Somalia affiliate and the AQAP preacher Anwar al Awlaki, court records show.

Al Qaeda attacks on hotels in Burkina Faso in January and Mali in November, which together killed dozens of people, appeared to affirm the threat posed by the terror group’s Saharan branch, al Qaeda in the Islamic Magreb, or AQIM.

Stewart added that intelligence officials are also “concerned al Qaeda could reestablish a significant presence in Afghanistan and Pakistan, if regional counterterrorism pressure deceases.”

In Yemen, AQAP has benefitted from the power vacuum created by the Houthi rebels’ uprising, and the air war on the Houthis by Saudi Arabia.

AQAP last April seized the city of Mukalla, the capital of Hadramout province and a port city with a population of some 300,000. It looted a bank of more than $1 million in cash, U.S. officials said, and released 300 inmates from jail.

Since then, the group has expanded its territory in the provinces of Abyan and Shabwa, its traditional strongholds.

“AQAP’s expansion is unchecked because there is no one on the ground to put any pressure on the organization,” noted Geoffrey Johnsen, a Yemen expert. “What is left of Yemen’s military is too busy fighting other enemies to engage AQAP, and the Saudis are focused on rolling back the Houthis. In the midst of Yemen’s civil war, AQAP is able to pursue more territory and to plot, plan, and launch attacks.”

The CIA is watching closely. Jalal Bala’idi, a prominent AQAP field commander, was killed in an agency drone strike in February.

AQAP’s seizures of territory have “allowed them to operate more openly, have access to a port, and have access to other kinds of infrastructure that has certainly benefitted them,” a U.S. intelligence official told NBC News. At the same time, he said, the U.S. has “managed to remove many significant figures from the battlefield and keep AQAP somewhat at bay.”

Al Qaida’s Syrian affiliate gets less public attention than others. Western media reporting sometimes refers to the Nusra front as a Syrian rebel group, without mentioning that it’s part of the global terrorism organization.

But Nusra is as well-organized and disciplined as any al Qaeda affiliate, U.S. intelligence officials say. Although it is now focused on defeating Assad, its battle tested fighters could pose a risk to the West in the years ahead.

“Jabhat al Nusra is a core component of the al Qaeda network and probably poses the most dangerous threat to the U.S. from al Qaeda in the coming years,” the Institute for the Study of War, a Washington think tank, said in a recent report. “Al Qaeda is pursuing phased, gradual, and sophisticated strategies that favor letting ISIS attract the attention — and attacks — of the West while it builds the human infrastructure to support and sustain major gains in the future and for the long term.”

U.S. air strikes have set back a group of al Qaeda operatives in Syria known as the Khorasan Group, which embedded with Nusra while plotting attacks against the West, intelligence officials say.

But Nusra has trained a core of elite fighters, the ISW says. Georgetown terrorism expert Bruce Hoffman says Nusra has achieved Osama bin Laden’s goal of rebranding al Qaeda and moving away from a name that had lost its luster.

The group’s leader, Abu Mohammad al Julani, is hardly a household name in the West, but he is respected by his adversaries in American intelligence. He is believed to have been detained by the U.S. military in Iraq and released in 2008.

Hoffman, who served as the CIA’s Scholar-in-Residence for Counterterrorism, calls Nusra “even more dangerous and capable than ISIS.”

Al Qaeda is watching ISIS “take all the heat and absorb all the blows while al Qaeda quietly re-builds its military strength,” he said.