Assad and Iran’s Militia in the Middle East

Those operating in the Middle East at the behest of Iran for Iran and Syria have been identified, now what? Saudi Arabia with the cooperation of other Gulf nations has been quite assertive to end the conflicts in Syria, Yemen, Iraq and so forth yet Iran, Syria and Russia have zero interest in stopping Assad. How long into the future will this fester and will it eventually plateau only when the United States has a new president and who can lead and be effective among the candidates?

To understand the history between Shiite and Sunni, click here.

Iran won’t surrender militias that conduct Assad’s war

Not long before the Riyadh-Tehran diplomatic row that followed the execution of Saudi Shia cleric Nimr Al Nimr, a showdown between the two countries unfolded in New York. While it is difficult to draw a direct correlation between the two events, the incident can help us understand the depth of the continuing crisis.

On December 18, heated debate ensued between representatives of the two countries at a meeting in New York over the listing of armed groups operating in Syria for possible determination as terrorist organisations. The list, which Jordan was asked to develop, would name extremist groups that must be defeated as part of the UN-sponsored political process for Syria.

A month earlier in Vienna, Saudi Arabia had insisted on including in the list foreign Shia militias fighting on the side of president Bashar Al Assad. Riyadh argued that all foreign fighters must leave Syria, regardless of which side they supported. In New York, Iran, joined by Russia, strongly objected to the demand and the standoff caused a deeper rift between the two countries.

For now, the designation of terror groups in Syria has been referred to a committee comprising several European and regional countries. They first determined indicators and criteria of what constitutes a terrorist organisation, then named armed groups currently fighting in Syria. There is a preliminary list of more than 160 Sunni and Shia organisations.

Iran categorically rejects including any Shia groups in the list. For Tehran, the fate of the Assad regime it supports is critically tied to the presence of those Shia militias. It is a fact that adds to the many issues that compound the conflict in Syria – issues that the international community would seemingly rather sweep under the carpet instead of deal with head on.

The Syrian regime controls about 30 per cent of the country, though it probably controls over 50 per cent of the population. According to the defence think tank IHS Jane’s, the regime lost 16 per cent of its territory over the past year. These figures are particularly damning if one considers that foreign Shia militias were on the front line of key battles against the rebels – in the Qalamoun region, Aleppo and central and western Syria – over this period.

The growing role of these militias last year came as the Syrian army showed signs of internal weakening, something that Mr Al Assad has admitted. During his most recent speech, almost exactly a month before the Russian intervention in September, the president said that the army lacked “manpower”. Also last year, paramilitary fighters with the National Defence Forces (NDF) began to focus on their local areas rather than deploy in the front lines elsewhere – a task that foreign fighters took on.

Youssef Sadaki, a Syrian researcher who closely focuses on Shia militias, says those foreign fighters acted as the main strikers in battles outside the regime’s heartlands, while the NDF fighters defended their areas or secured and held newly-captured areas.

According to Mr Sadaki, foreign militias lead the regime’s battles in southern Aleppo, and the front lines between Idlib, Aleppo, Latakia, Homs and Hama. Hizbollah has spearheaded key battles in southern Syria near the Lebanese borders, while other militias guard the front lines in Damascus and fought in Deraa.

Phillip Smyth, a close observer of Shia militancy, says that most of the regime’s offensives over the past two years were led by foreign forces, including in areas where the regime’s elite units operate, such as in Damascus.

“When we look at Aleppo, the entire offensive there was spearheaded and planned by the Iranians, it was their Shia militia proxy forces which showcased the entire campaign,” said Mr Smyth, from the University of Maryland. “It’s quite clear that they are a – if not the main – fighting force in many areas.”

Last month on these pages, I highlighted that while Iran and Russia might in theory be willing to accept the removal of Mr Al Assad, there are practical reasons why they would not do that, because consequences are unpredictable and the result is not guaranteed.

For the rebels, no peace is possible while Mr Al Assad is in power, so his future complicates the peace talks. So does the presence of Shia militias in Syria.

Reliance on these foreign forces means that their departure will have to follow the consolidation of the government’s military control over the country. They operate in critical areas and the regime’s army or NDF do not appear to be prepared to take their place.

The presence of Shia militias is important for the regime and for its backer in Tehran. Many of these militias are also key Iranian proxies in Iraq, with recent reports suggesting that Iran has diverted them to Syria to assist in the wake of the Russian intervention in Syria. So the issue has also a regional dimension that cannot be ignored.

Iran finds itself in a situation where it seeks to save the regime in Syria through the help of religious zealots, while pushing for the designation as terrorists of Sunni extremists fighting on the side of the opposition.

In western capitals, strangely, that seems to be a reasonable position. For the opposition and regional backers such as Saudi Arabia, that is double dealing that further complicates the already-complex conflict in Syria.

Meanwhile, back to Iran and the big money. What future trouble will the monetary windfall coming for Iran play in the region?

Iran to Receive Major Economic Windfall as Nuclear Deal Begins

FreeBeacon: Expert: ‘Kerry might as well have wired the money directly into the Revolutionary Guards’ bank accounts’

Iran’s economy is set to receive a substantial boost in the next two years as a result of billions in sanctions relief from the nuclear deal, according to a new forecast, a windfall that could also secure more resources for the Iranian military and its terrorist proxies.

The World Bank said in a report that Iran’s GDP is projected to increase by 5.8 percent this year, compared to just 1.9 percent last year. Economic growth is then estimated to rise by 6.7 percent in 2017.

As part of the nuclear agreement reached between Iran and world powers last year, the Islamic regime could collect as much as $150 billion in unfrozen assets from foreign accounts after it places some restrictions on its nuclear program. Tehran will also be permitted to resume more oil exports, which could increase its sales by 0.5 to 0.7 million barrels per day this year.

The nuclear deal “opens the door for reintegration of [Iran] into the global economy and the reinvigoration of its oil, natural gas, and automotive sectors,” the World Bank said in its global economic prospects report.

“Sanctions could begin to be lifted in early 2016 if the International Atomic Energy Agency (IAEA) indicates the Iranian government has fulfilled its commitments under the pact,” the report continued. “Renewed optimism about the potential of the Iranian economy has already generated a flurry of investment interest by foreign companies.”

Michael Rubin, an expert on Iran and the Middle East at the American Enterprise Institute, said in an email that he also expects the Iranian economy to grow in the wake of the nuclear deal, though he cautioned that the World Bank can be too reliant on flawed statistics from Tehran. Rising growth in Iran would represent a stark contrast to the economic situation before the nuclear negotiations, when the country’s economy contracted under the weight of U.S.-led sanctions.

At the talks, U.S. Secretary of State John Kerry turned in “probably the worst negotiating performance any U.S. secretary of state has had in the last century,” Rubin said, because he failed to pressure Iran into eliminating all aspects of its nuclear program.

“Rather than use Iran’s precarious economic situation as leverage in U.S. negotiations, Secretary of State John Kerry effectively caved,” said Rubin, who is also a former Pentagon official in the George W. Bush administration.

“The Obama administration effectively bailed Iran out,” he added.

Analysts have raised concerns that the Islamic regime could devote billions of its sanctions relief to the Islamic Revolutionary Guard Corps (IRGC), the elite paramilitary unit that also supports terrorist groups in Lebanon, Gaza, and Yemen. The American Action Forum estimated last year that the Guard Corps’ budget could increase by about $3 billion after the nuclear deal is fully implemented.

“If Iran’s economy does grow—and that growth is not eroded from significant inflation from the hard currency influx—then the chief beneficiaries will be the Islamic Revolutionary Guard Corps who have a stranglehold over the oil industry, import-export, and construction,” Rubin said. “Kerry might as well have wired the money directly into the Revolutionary Guards’ bank accounts, because that is the net effect.”

Iran could also use the sanctions relief to bolster its ballistic missile program. Iranian forces have tested two ballistic missiles since the nuclear agreement was reached, including one in October that was capable of carrying a nuclear warhead and violated a United Nations Security Council ban. President Hassan Rouhani has said the military should allocate more resources to its missile program if the United States decides to impose sanctions for the missile tests.

Additionally, an Iranian military with more funding could further exacerbate sectarian tensions in the Middle East. Following the execution of a Shiite cleric by Saudi Arabia, a Sunni Muslim nation and Iran’s bitter regional rival, Iranian protesters stormed the Saudi embassy in Tehran, prompting the Saudis to break off diplomatic relations. Iran has now accused a Saudi-led coalition of launching airstrikes near its embassy in Yemen.

Rubin warned that Iran previously capitalized on negotiations and trade in the early 2000s to augment its nuclear program.

“Between 1999 and 2005, Europe’s trade with Iran almost tripled and the price of oil about quintupled,” he said. “Iran put about 70 percent of that hard currency windfall into its nuclear and ballistic missile programs.”

“The reason for the expansion of Iran’s illicit programs early the last decade was too much diplomacy, not too little,” he continued. “The Supreme National Security Chairman at the time directing those programs? Hassan Rouhani. Kerry is simply making the same mistake twice.”

SERCO, Unknown but Really Known….

Serco U.S. political donations found here. This is the exact type of company where spies…spy.

Further reading, Serco’s 2014 financial results and strategy review.

By Zerohedge: Serco. Chances are you’ve never heard of the company. If you have heard of the company, chances are you misunderstand the shear enormity of the global company and their contracts.

From transport to air traffic control, getting your license in Canada, to running all 7 immigration detention centers in Australia, private prisons in the UK, military base presence, running nuclear arsenals, and running all state schools in Bradford, Serco, somewhere, has played a part in moving, educating, or detaining people.

serco

New contracts awarded to Serco include a Saudi Railway Company, further air traffic control in the US and also IT support services for various European agencies. You can read more on their future projects below.

 

Serco HY15 Results SEA 11 August 2015

 

A Very Brief History

Serco’s history began in 1929 as a UK subsidiary, RCA Services Limited to support the cinema industry.

In the 1960s the company made a leap into military contracts to maintain the UK Air Force base Ballistic Missile Early Warning System. From there, the company continues to grow.

Now trading as Serco Group, 2015 trading as of August 11 2015, maintained a revenue of £3.5 billion, and an underlying trading profit of £90 million. The data was presented at JPMorgan in London.

In 2013 Serco was considered a potential risk, and became a representation of the dangers of outsourcing. The U.K. government developed contingency plans in case Serco went bankrupt. When the concerns came to light, Serco faced bans (along with G4S, another outsourcing contractor) from further bidding on new U.K. government work for six months. It wasn’t until Rupert Soames OBE – Sir Winston Churchill’s grandson – took on the job as Serco’s Chief Executive in 2014, that Serco turned a new corner of profit growth.

Serco Today

Serco today is one of the biggest global companies to exist. They have contracts with:

Alliant – the vehicle for IT services across the Federal IT market;

 

National Security Personnel System (NSPS) – For “(NSPS) training and facilitating services throughout the Department of Defense (DoD) and agencies that needs NSPS training and implementation services;”

 

Seaport – The NAVSEA SEAPORT Multiple Award contract focuses on “engineering, technical, and programmatic support services for the Warfare Centers.” This is inclusive of Homeland Security and Force Protection, Strategic Weapons Systems, and multiple warfare systems.

 

CIP-SP3 Services and Solutions (Cost $20 Billion, expiration date 2022) – biomedical-related IT services with the National Institutes of Health (NIH) with the main objective focused on Biomedical Research and Health Sciences extending to information systems throughout the federal government. Also implementation in several key areas of Biomedical Sciences including legislation and critical infrastructure protection.

The few contracts listed above are among the vast array of transport, detention center and private prison contracts.

Serco, the biggest company you’ve never heard of…..

 

Remember that Russian Found Dead in a DC Hotel?

Heart-attack? Hardly….

Corruption in Russia

The genesis of Putin, Putinism

A Putin hit job in the United States?

Lesin, 56, played an instrumental role in solidifying state control over the independent television channel NTV during Putin’s first term in office, and he went on to serve as a Kremlin adviser during Putin’s second term. He now heads state-controlled Gazprom-Media, the country’s largest media holding.

Documents provided to RFE/RL by Wicker’s office — and corroborated by public property registries — show that companies associated with Lesin’s immediate family purchased the three properties in the Los Angeles area.

These include a 13,000-square-foot Beverly Hills home purchased in August 2011 for $13.8 million by Dastel Coroporation, where Lesin’s son, Anton Lessine, served as a corporate officer, according to public records.

The address of this home and Dastel’s business address are the same, according to public records and a lawsuit pending in California Superior Court.

The property is located in Beverly Park, a swanky gated community with round-the-clock security and whose residents have included actor Samuel L. Jackson and professional basketball legend Magic Johnson, according to “The Los Angeles Times.” 

Dastel also purchased 10,600-square-foot Brentwood home for $9 million in 2012.

A third home, totaling more than 6,800 square feet, was purchased in Beverly Hills for $5.6 million by HFC Management, a firm that lists Lesin’s daughter, Ekaterina Lesina, as a company officer.

 

Was Putin’s Media Chief Ready to Snitch Before He Dropped Dead?

DailyBeast: The D.C. cops won’t say what killed Mikhail Lesin—or what he was doing in a hotel room there. But all signs point to the former Kremlin propaganda boss cutting a deal with the FBI.
When police found Mikhail Lesin dead in a Washington, D.C., hotel room, the most interesting question wasn’t the cause of his demise, but what he was doing in the United States in the first place.

The former propaganda chief for Russian president Vladimir Putin, nicknamed “the bulldozer” for his history of rolling over his opposition, Lesin had been under scrutiny by the FBI and the Justice Department for potential money laundering and violation of corruption laws. Lesin was suspected of hiding ill-gotten gains in nearly $30 million worth of luxury real estate in southern California, an astounding set of assets for a man supposedly collecting a civil servant’s salary. He’d also been considered for sanctions that would have prevented him from obtaining a visa to enter the United States.

Sen. Roger Wicker, a Republican from Mississippi who has spent years looking into corruption and human-rights abuses in Russia, had asked the Justice Department to investigate Lesin. In December 2014, the department confirmed it had referred Lesin’s case to the Criminal Division and to the FBI. While officials declined to say whether they formally opened an investigation, several close watchers of Lesin’s case told The Daily Beast they thought it was all but certain that he was being pursued by U.S. law enforcement. And if he wasn’t under active criminal investigation, the FBI had enough evidence to consider opening a case, they said. A bureau spokesperson declined to comment on the matter.

So why did Lesin, who was 57, tempt fate by entering the United States this past November?

The purpose of his visit was never made clear. But he was staying in a mid-range hotel on Washington’s DuPont Circle. While not shabby, it’s doesn’t seem the kind of place that attracts people who buy multimillion-dollar estates. It does, though, offer a comparatively low per-night rate, perhaps more in line with U.S. government budgets, and is known to host foreign government officials and visitors on exchange programs. It’s also located a short drive from FBI and Justice Department headquarters.

These are the broad strokes of Lesin’s case. And in some foreign policy circles in Washington—as well as in Russian media—they have fueled speculation that Lesin was murdered after coming to Washington to cut a deal with the FBI.

Lesin certainly would have had a lot to say about Putin’s inner circle—he worked with, and reportedly owed money to, some of the most powerful men in Russian media and finance. And he would have had a powerful incentive to cooperate with U.S. authorities, namely hanging onto his several mansions in Los Angeles, which potentially could have been seized. At least two of the homes are known to be occupied, respectively, by his daughter and his son, a Hollywood film producer whose star is on the rise.

Adding to the mystery, the precise cause of Lesin’s untimely demise hasn’t been revealed. Almost immediately, the broadcasting outfit RT (Russia Today), widely seen as a Kremlin mouthpiece, reported that Lesin died of a “heart attack,” citing an unnamed “family member.”

But a spokesperson for the Washington, D.C., police department told The Daily Beast that Lesin’s death is still under investigation. And although a coroner performed an autopsy nearly two months ago, the police aren’t saying how he died. That’s an unusually long time not to publicly state a cause of death.

The conspiracy theories are arguably well-founded, because it wouldn’t be the first time someone who posed a political threat to Putin wound up dead under unusual circumstances, including poisoning.

Lesin was also being squeezed by the U.S. government. Two years ago he’d been nominated by human-rights groups for the so-called Magnitsky list of Russian human-rights violators, which would have allowed Washington to deny him a visa and seize his assets in this country. Lesin was not placed on the public list, which consists mainly of mid-level officials not as influential as the former propaganda chief. But U.S. officials maintain a classified annex which reportedly includes more senior Russians, including those closer to Putin. It’s not known whether Lesin was on that list, but activists lobbied hard to put him there.

He would have been an ideal candidate. Not only was he one of RT’s founding fathers, credited with conceiving of the network while working for Putin in order to counter what he saw as anti-Russia journalism in the West. (“It’s been a long time since I was scared by the word propaganda,” Lesin said in 2007, according to RT. “We need to promote Russia internationally. Otherwise, we’d just look like roaring bears on the prowl.”)

The Washington, D.C., police department told The Daily Beast that Lesin’s death is still under investigation. And although a coroner performed an autopsy nearly two months ago, the police aren’t saying how he died. That’s an unusually long time not to publicly state a cause of death.

Lesin was also a longtime Putin crony, and he played a central role in an early project by the Russian strongman to gut the country’s independent television station, NTV, which had aired critical reports about government corruption, the war in Chechnya, and had become a soapbox for prominent Putin critics. While Lesin was serving as the information minister, Russia jailed NTV’s founder and majority shareholder, Vladimir Gusinsky.

“While he was there, the information minister made an offer: Gusinsky could have his freedom if he agreed to transfer his media holdings to Gazprom, the state-owned energy monopoly,” according to Russian journalist Vladimir Kara-Muzra, who has probed Lesin’s financial and real estate holdings. It was a naked power play that the European Court of Human Rights found was politically motivated and amounted to state-sanctioned blackmail.

Gusinksy didn’t end up going along with the deal to hand over the media company. But Gazprom took over NTV anyway–by force–and in 2013 Lesin became the head of Gazprom-Media, an actual state-run media organization. RT, which reported the cause of Lesin’s death before a medical examiner had even seen his body, merely receives funding from the state.

The Gazprom takeover has raised concerns among U.S. investigators that Lesin may have come by a fortune through illegal seizures of private property, and then laundered those proceeds by stashing them in American real estate, according to two sources who have followed Lesin’s finances and asked not to be identified.

Landing Lesin could have led investigators to other, even bigger fish. As Wicker wrote to then-Attorney General Eric Holder in 2014, Lesin “may also have close business ties with individuals subject to U.S. sanctions,” as well as organizations, including  Bank Rossiya, which is closely linked to Gazprom, and the bank’s owner, Yury Kovalchuk, a billionaire who ranks among Russia’s richest people, is reportedly close to Putin personally, and was sanctioned by the Treasury Department after Russia invaded Crimea.

If Lesin were found to be violating U.S. money-laundering laws, it could provide a rare opportunity to snare a senior Putin aide. After Wicker pressed the issue, relying in part on public property records that clearly linked the L.A. mansions to Lesin, the Justice Department considered whether to go after him.

Following the news of his death, the Kremlin issued a statement on behalf of Putin, noting “The president has a high appreciation for Mikhail Lesin’s massive contribution to the creation of modern Russian mass media.”

But having Lesin as an informant would been a big contribution to U.S. law enforcement and intelligence. And the information that Wicker and his staff, as well as human-rights groups and journalists, dug up on Lesin may have pushed him closer to the FBI’s arms.

About two weeks after the Justice Department informed Wicker that the allegations against Lesin were referred to the FBI, Lesin resigned as the head of Gazprom-Media, citing unspecified “family reasons.” Kara-Murza, the journalist and Putin critic, who himself fell mysteriously ill last summer, has directly linked the department’s announcement to Lesin’s stepping down and said it showed that the threat of sanctions and prosecution could be used to bring down corrupt Russian officials.

“That’s just one example of how effective this process can be if it’s applied properly, if it’s done against the right people,” Kara-Murza said in remarks at the American Enterprise Institute, a Washington think tank, in October. Kara-Murza declined to discuss Lesin’s case with The Daily Beast, citing the Latin admonition “de mortuis nihil nisi bonum.” Of the dead, [say] nothing, unless good. “And I have nothing good to say about him.”

Meanwhile, Lesin’s children have also kept mum. His son, Anton Lessine (the surnames are spelled differently), didn’t respond to a request for comment, and his daughter couldn’t be reached. Anton has been on a roll in Hollywood, helping financing high-profile movies with A-list talent. He was the executive producer of the Arnold Schwarzenegger action vehicle Sabotage, the Brad Pitt WWII tank pic Fury, 2015’s Bill Murray comedy Rock the Kasbah, and 2016’s transgenerational buddy flick Dirty Grandpa, starring Robert DeNiro and Zac Effron.

Times are good for the son of the ex-Putin aide, who seems to have come out of nowhere in the famously hard-to-crack world of big-budget filmmaking. He recently purchased a mansion in L.A.’s Pacific Palisades for an asking price of nearly $4 million. How exactly the Lesin family came into such good fortune is a question that has piqued the interest of U.S. investigators.

As might another question: Was Lesin in debt, and ready to flee Russia for a new life? After Lesin’s death, The Moscow Times reported that he may have stepped down from Gazprom-Media after losing an internal power struggle. Jobless and with high-level enemies, Lesin also owed “a huge amount of money” to Kovalchuk, the billionaire banker, which he didn’t intended to repay, the news organization reported, citing anonymous sources.

“He also underestimated his rivals,” The Moscow Times wrote. “The heads of three of Russia’s major TV channels complained to President Putin that Lesin had begun behaving as if he was their boss, as he had been while press minister.”

The walls were closing in on Lesin–in Washington and in Moscow. Perhaps Lesin’s trip to that DuPont Circle hotel was his first step towards a new life. But if he’d become an enemy of Putin and his friends, even the FBI might not have been able to save him.

 

Obama’s Next Career Stop Leading the UN?

Could it come down to Obama versus a female to head the United Nations? Obama is a globalist and he has proven to be very loyal to the Muslim Brotherhood and those Islamic based countries could endorse him, but….no previous sitting U.S. president has built a failed legacy in foreign affairs as Barack Obama has including Jimmy Carter.

There are others with some interest in the post.

Kevin Rudd.
He is an Australian ex-Prime Minister and current Foreign Minister. He has made public his intentions to run for Secretary-General.

Rudd is popular in the Australian and international community – including China (he speaks fluent Mandarin).

Note that Ban-Ki Moon’s successor has not been named yet, as of writing. There are others as noted here.

Those countries with a vote, one should determine who would support Obama in this role. Saudis, Russians, Chinese?

TownHall: U.N. Secretary General Ban Ki-moon’s term expires in early 2017, making Obama’s bid for the position a possibility. Last year after his speech at West Point, some pointed out that he sounded an awful lot like he was campaigning for the role.

Netanyahu leading effort to thwart Obama bid for U.N. chief

WashingtonTimes: Israeli Prime Minister Benjamin Netanyahu reportedly is planning payback for President Obama’s dismissing Mr. Netanyahu’s objections to the Iran nuclear deal last year. Mr. Netanyahu is said to be rallying moderate Arabs to thwart Mr. Obama’s bid to become the Secretary-General of the United Nations after he leaves the White House next year.

Mr. Obama has already discussed the issue with Republican, Democratic and Jewish officials in the United States, according to Kuwaiti newspaper Al-Jarida.
Mr. Netanyahu recently is said to have gotten wind of Obama’s plans which he calls the Obama Project. “Wasn’t eight years of having Obama in office enough?” Mr. Netanyahu is quoted in the Kuwaiti daily as telling associates. “Eight years during which he ignored Israel? And now he wants to be in a position that is liable to cause us hardships in the international arena.”

“Obama is the worst president Israel has had to deal with and the worst president for the Middle East and its allies, the moderate Arab states,” the paper quotes a Netanyahu aide.

Another source close to the Prime Minister said “his presidency was characterized by [Washington’s] moving closer to the Muslim Brotherhood, toppling the regime of Hosni Mubarak, and attempts to ally itself with political Islam.”

“Obama’s term is ending with him forging an alliance with Iran, coming to an agreement with it on its nuclear program which in the end will result in a similar scenario that took place with North Korea. Israel will not allow this to happen … It will take all of the necessary steps to prevent Iran from manufacturing a nuclear weapon either covertly or overtly.”

 

Yes!, the FBI’s Successful Child Porn Sting

FBI hacks world’s largest child porn site, 1,300 arrested

The ‘unprecedented’ sting op saw 1,300 people arrested.

The site, known as ‘Playpen’, launched in August 2014 and allowed users to sign up and upload images, primarily for “the advertisement and distribution of child pronagraphy”. This websites isn’t like an adult pornography website as it’s on the dark web, adult pornography websites such as fulltube you can find simply by searching in your normal browser but sites like Playpen you need to access the dark web first.

Within a month of Playpen’s launch, the website had garnered nearly 60,000 members. By 2015 that number had jumped to almost 215,000, with 11,000 unique users visiting the site each week, and a total of 117,000 posts.

READ MORE: Hundreds of US military children sexually abused annually – report

Many of those posts contained some of the most extreme child abuse images one could imagine, according to FBI testimony seen byMotherboard.

Although the website also included advice on how users could avoid online detection, a sting operation began in February 2015 when the FBI hacked into the website’s server, but decided not to shut it down.

The bureau took the ‘unprecedented’ measure of running Playpen to spy on its users and hack their IP addresses, leading to the arrests.

READ MORE: Busted: US expat arrested in Peru for allegedly running child sex ring

According to Motherboard, a public defender for one of the accused called the operation an “extraordinary expansion of government surveillance and its use of illegal search methods on a massive scale.”

*** The Dark Web and the FBI

Motherboard: While it looks like several of those already charged will plead guilty to online child pornography crimes, one defense team has made the extraordinary step of arguing to have their client’s case thrown out completely. Their main argument is that the FBI, in briefly running the child pornography site from its own servers in Virginia, itself distributed an “untold” amount of illegal material.

“There is no law enforcement exemption, or statutory exemption for the distribution of child pornography,” Colin Fieman, one of the federal public defenders filing the motion to dismiss the indictment, claimed in a phone interview earlier this week. Jay Michaud, a Vancouver teacher arrested in July 2015, is also being represented by Linda Sullivan.

“THE GOVERNMENT’S OPERATION OF THE WORLD’S LARGEST ‘HIDDEN SERVER’ CHILD PORNOGRAPHY SITE AND ITS GLOBAL DISTRIBUTION OF UNTOLD NUMBERS OF PICTURES AND VIDEOS IS OUTRAGEOUS CONDUCT THAT SHOULD RESULT IN DISMISSAL OF THE INDICTMENT,” a court filing dated November 20, 2015 reads.

Fieman and Sullivan reason that if the methods of the investigation that supposedly identified his client “cannot be reconciled with fundamental expectations of decency and fairness,” then the indictment should be dismissed.

A section of the filing, which outlines the defense lawyers’ argument.

In February 2015, the FBI seized the server of “Playpen,” which court documents described as “the largest remaining known child pornography hidden service in the world.” Instead of shutting the site down straight away, however, the FBI moved Playpen to a government controlled server in Virginia, and deployed a network investigative technique (NIT)—the agency’s term for a hacking tool—in an attempt to identify people logging into the site. This NIT, according to other court documents, collected approximately “1300 true internet protocol (IP) addresses” between February 20 and March 4.

In their argument, Fieman and Sullivan point to the Department of Justice’s own view on the harm caused by the proliferation of child pornography. “Once an image is on the Internet, it is irretrievable and can continue to circulate forever,” the Department of Justice website reads. In an April 2015 press release, US Attorney Josh J. Minkler said that “Producing and distributing child pornography re-victimizes our children every time it is passed from one person to another.”

In essence, the lawyers’ point is that the FBI was, by running Playpen from its own servers, essentially distributing child pornography.

So, according to their argument, it is unclear how the “Government can possibly justify the massive distribution of child pornography that it accomplished in this case.”

They then posit that, rather than taking over the site to deploy a bulk hacking technique, and allowing the site to continue to distribute child pornography material in the process, the FBI could have posted individual links to malware-laden files on the site without running it from their own servers. Or, after seizing the site, the agency could have redirected users to a spoofed version of it, minus the child pornography material.

“We are in a protracted street fight with the Department of Justice and the FBI”

Instead, the FBI “continued to distribute thousands of illicit pictures and videos to thousands of visitors,” the filing states. It compares the case to “Operation Fast and Furious”: Between 2009 and 2011, law enforcement agents infamously proliferated illegal weapons in an attempt to trace them to Mexican drug cartels. Some of the weapons, however, ended up being used in the murder of a US Border Patrol agent.

The Department of Justice did not reply to repeated requests for comment. The FBI did not respond to a request for comment in time for publication, but a spokesperson previously told Motherboard, “We are not able to comment on ongoing investigations, or describe the use of specific investigative techniques.”

This argument to dismiss the indictment is just one of the more recent phases of a heated legal back-and-forth between Michaud’s lawyers and the government. Since October, dozens of documents have been filed in the case, including motions to seal documents, affidavits, modifications to protective orders, and delays to responses.

“We are in a protracted street fight with the Department of Justice and the FBI,” Fieman told Motherboard.

Some of the issues circle around evidence: the defense argues that its client has not had access to important discovery information. It has had some success on that front though: on December 10, the Government wrote that the defense counsel will be provided with the computer code of the NIT under a protective order. The defense is also expected to receive a detailed list of the number of child pornography materials on Playpen while it was being run from an FBI server.

The government’s response to the motion to dismiss the indictment is currently sealed. It’s unclear how the government has replied to the lawyer’s arguments, but this move to have the indictment against a suspected online child pornographer totally scraped is a surprising and dramatic turn in a case that continues to grow in scope.

 

11 20 2015 Motion to Dismiss Indictment