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Posts Tagged ‘spying’

Wikileaks Reveals Possible U.S. Espionage and Counter-Espionage Activity in Israel

Monday, November 29th, 2010

A friend just pointed out to me something that sits in one of the U.S. diplomatic cables clear as day and which I missed entirely.  There is an inordinate interest placed on Israel’s telecommunications systems by U.S. diplomats.  They are called upon to report back to Foggy Bottom about anything they learn inside Israel on that score.  Why?  Because the U.S. wants to do to Israel what Israel does to us: that is, snoop on everything from Congress to the White House.

It could also be said that the U.S. has interest in such matters because it wants to be better able to combat Israeli penetration of the U.S. (counter espionage).  Read the following information requested from U.S. diplomats stationed in Israel, with the above in mind:

G. Information Infrastructure and Telecommunications Systems (INFR-3).

–Current specifications, vulnerabilities, capabilities, and planned upgrades to national telecommunications infrastructure, networks, and technologies used by government and military authorities, intelligence and security services, and the public sector.

–Details about command, control, and communications systems and facilities.

–National leadership use of and dependencies on a dedicated telecommunications infrastructure.

–Details about national and regional telecommunications policies, programs, regulations, and training.

–Information about current and planned upgrades to public sector communications systems and technologies used by government, military personnel, and the civil sector, including cellular phone networks, mobile satellite phones, very small aperture terminals (VSAT), trunked and mobile radios, pagers, prepaid calling cards, firewalls, encryption, international connectivity, use of electronic data interchange, and cable and fiber networks.

–Information about wireless infrastructure, cellular communications capabilities and makes and models of cellular phones and their operating systems, to include second generation and third generation systems.

–Details about the use of satellites for telecommunication purposes, including planned system upgrades. –Details about internet and intranet use and infrastructure, including government oversight.

–Details about foreign and domestic telecommunications service providers and vendors.

–Plans and efforts to acquire US export-controlled telecommunications equipment and technology.

–Plans and efforts to export or transfer state-of-the art telecommunications equipment and technology.

–Details about information repositories associated with radio frequency identification (RFID)-enabled systems used for passports, government badges, and transportation systems.

Steve Rosen’s Double Life: Pimping for Israel, Trolling Craigslist for Gay Sex

Tuesday, November 16th, 2010
craig's list sex services

Steve Rosen's 'craving' for Craig's List sex listings

The transcripts of depositions (warning: this is a single pdf page containing hundreds of pages of transcripts with no easy way of navigating through it) in Steve Rosen’s $20 million defamation case against his former employer, Aipac, are just becoming public as both sides ratchet up pressure on the other and manuever for legal advantage.  I pride myself that almost nothing anyone can tell me about Aipac would shock.  But this material goes way beyond that.  It includes a little of everything: salacious sex, computer porn, clandestine meetings with Israeli agents (aka diplomats), angry confrontations with FBI agents threatening arrest, references to Jonathan Pollard and even Alfred Dreyfuss.

When I first got this material from a source I wrote back and said: can Steve Rosen really have used Craig’s List to procure anonymous gay sex from other married men?  But alas, it’s true and spoken in Rosen’s own words.

So where to start: Aipac’s lawyers made a summary judgment motion earlier this month asking the judge to dismiss the last remaining claim in the case.  As part of its motion, Aipac deliberately dumped all the previous deposition transcripts into the public domain.  Here are the primary findings for those keeping score at home:

1. Steve Rosen, a man married five times, arranged for anonymous sex trysts via Craig’s List (not that dissimilar from Sen. Larry Craig’s MO) and even conceded to Aipac’s deposing attorney he may’ve used the organization’s own computers to do so.  That’s OK, he argues because Howard Kohr and Kohr’s secretary viewed pornographic images in the workplace and pubicly regaled their fellow workers with them.

2. Steve Rosen spent much, if not most of his work time, recruiting federal employees, mostly at the Department of Defense, to reveal classified information that would be of interest to Israel.  When he recruited such an employee or secured such information he pretty much went directly to his “handlers” in the Israeli embassy to whom he passed the information or contact.  The very first person with whom he met after being the FBI confronted him and warned that he might be arrested was NOT his own attorney or anyone from Aipac, but the deputy director of the Israeli embassy.  Such warning, allowed Israel to roll up its espionage-intelligence operation and spirit Naor Gillon out of DC so he would not be arrested and thus embroil Israel directly in the controversy. As the Forward notes in its report, this fact may be a very important one since if Rosen was following the procedures and directives of Aipac in summoning the Israeli for the meeting and warning him about the investigation, then Aipac is in effect an accessory to Israeli intelligence operations in this country and not a fully independent American lobbying venture.

3. After Aipac fired Rosen (and his colleague Keith Weissman), Aipac’s wealthiest and most powerful donors lined up behind Rosen and raised nearly $1-million that was distributed to him over the four year period until the government dismissed its case against him.  Some gifts were even bundled by two major fundraising leaders, just as they might be in a political campaign.  The gifts were structured so that neither Rosen nor the donors would have to report them on their IRS tax forms, with checks made out to Rosen, his wife and three children to skirt minimum gift reporting levels.

Let’s be straight here, so to speak: if Steve Rosen wants to engage in furtive sex that’s his business.  It should only be a footnote to the overall weirdness of this story.  But what is important about this is that Steve Rosen, who wrote this memorable phrase in a memo to M.J. Rosenberg:

A lobby is like a midnight flower, it thrives in the dark and wilts in the light.

Which means that Aipac itself and Rosen professionally led precisely the same types of lives that the latter did privately.  In other words, he lived a lie which he perpetrated on his wives and children.  He presented himself as something he wasn’t in order to cater to whatever personal or sexual demons might’ve been like hellhounds on his trail.  Aipac’s offices as described by Rosen in his deposition sound more like a bawdy house than a place where serious work was done.  He alludes to fellow employees and directors regaling each other with stories about prostitutes.  All of it gives the lie to Aipac as a high-toned serious organization.

Anyone who knew Steve Rosen personally or by reputation had to know he was one sleazy dude (though I have heard one former Aipac staffer speak fondly of him). The information above only confirms that he practiced such sleaziness both in his professional and personal life. There will be those among Aipac’s supporter who will attempt to dissociate themselves from Rosen: he was fired when the organization discovered he’d disgraced its principles, etc. But this is nonsense. I do agree with Rosen in at least one major respect: he was doing his job precisely as Aipac wanted him to. Howard Kohr knew every top secret document Rosen lifted from the defense department files and he knew what Rosen did with the information in those memos. He knew every reporter Rosen tempted with tidbits, he knew every Israeli embassy handler with whom Rosen met to further his and Israel’s intelligence harvesting agenda. In that sense, Rosen was Aipac and Aipac, Rosen. As Israel’s ass-lickingest Congress members like to say about the Israel-U.S. relationship: “there wasn’t any daylight between them” in this regard.

For those of you who wonder what the average day of an Aipac policy staffer might be like take a look at this calendar as laid out by the FBI in its investigation:
rosen deposition transcript

I’m not foolish enough to believe that the FBI’s portrayal of Steve Rosen’s work might not be the full story of what he did for a living. But knowing everything else I know about both Rosen, his reputation and Aipac’s I’ve got to say that this schedule probably isn’t that far wrong.

The man himself confirms some of our worst fears through his own words. When he sits down with Israel’s deputy chief of mission, Rafi Barak, to tell him that Larry Franklin and Naor Gillon’s cover have been blown, the first analogy that comes to mind to convey the gravity of the situation is saying this is a Pollard situation. In other words, when the shit hit the fan Rosen thought of the likening the case in which he was involved to the most damaging American Jewish spy to have fed secrets to the Israelis in the history of both our nations.

At another point when he is taking with the Washington Post’s Glenn Kessler about a possible story and feeding him some classified government information he thanks his lucky stars that there is no Official Secrets Act in the U.S. In other words, he is thankful that neither he nor Kessler can be prosecuted by the federal government for such leaks though in England they could be. In all of his work, Rosen speaks of himself in the language of espionage and spies. Whether what he did was legal or not, it is telling to view matters the way he did. It tells you a great deal about how he saw himself and how he saw Aipac’s role.

Aipac’s argument is always, we do what every other lobby inside the Beltway does, or wishes it had the skills or resources to do. And they have a point. They may not be quite the evil villains people like Grant Smith paint them to be. They after all are exercising their constitutional right to petition the government regarding public policy. That’s not my quarrel with Aipac. My quarrel is that they step right up the red lines of proper lobbyist behavior and then cross over. Then they dare anyone to call them on it. And that includes presidents, the Justice Department and the FBI.

Curiously, even though Aipac fired Rosen and Weissman apparently because they peddled a story based on classified intelligence to a Post reporter, the group had no specific policy at the time prohibiting such conduct.  Now it does.  Which is interesting, and makes me wonder how it will continue to handle its little escapades with government sources.  I’m guessing one way it might handle this, is to pass information directly from its sources to the Israelis bypassing the “middleman.”  Though this may possibly put the sources into greater legal jeopardy since I presume it would harder to prosecute them for leaking to Aipac than to the Israeli government.

In his own deposition, Howard Kohr claims he never knew nor approved of Aipac receiving classified government documents.  He also claims (and I don’t believe him) this was the case throughout his tenure.  Which is convenient because at least one of his predecessors notes that he did know of such Aipac activities during his tenure.  When you want history on these issues, best to go back to Larry Cohler Esses’ archives.  He wrote in Jewish Week in 2005:

Thomas Dine, a former executive director of AIPAC, confirmed this week that during his tenure Steven Rosen, the lobby’s foreign policy director until April, informed him of his success in gaining access to a highly classified document…Dine said federal agents investigating Rosen unearthed a memo from 1983, soon after Rosen’s arrival at AIPAC, in which Rosen boasted about his access to a comprehensive, classified review of U.S. policy in the Middle East.

…AIPAC and federal prosecutors have depicted Rosen as a lone ranger. His superiors at AIPAC have said that until recently they were ignorant of his alleged pursuit of classified information.

The last major group to be deeply embarrassed by these revelations will be the fatcat leadership cadre which anted up hundreds of thousands to shut Rosen up or keep him happy. The donor list is a virtual Who’s Who of American Jewry’s wealthiest and most powerful: Larry Hochberg ($200K bundled), Lynn and Stacy Schusterman ($18K), Haim Saban ($100K), Walter Stern, Daniel Abraham ($75K), Ralph Goldman, Randall Levitt, Newton Becker (~$200K). It’s not clear what the motivation for the payments was: rewarding Rosen’s loyalty, keeping him quiet, expression of kindness to someone in need.

Again, turning to Cohler-Esses contemporaneous reporting in Jewish Week in 2005, these same donors appear to have approached Mort Klein of ZOA and asked if he’d hire Rosen with the donors picking up the tab.  Somewhat surprisingly, knowing Klein’s usual recklessness, he declined citing the near insanity of hiring someone about to be indicted by the feds.

Former Aipac officers told the Jewish Week reporter that the Aipac donors’ motivation may be to cover Aipac’s ass by covering Rosen’s:

“I’m sure there’s a concern Steve would reveal everything he knows about AIPAC” in a trial, said the former official. “The concern is not just violations of law but also from a political angle; they don’t want the inner workings of the lobby laid out.”

This ex-official said Rosen also might reveal information that could leave AIPAC with other, unrelated legal problems. These included potential violations of the Foreign Agents Registration Act and Federal Elections Commission regulations, he said.

Another former official opined, “Their biggest worry right now is if the case against Rosen and Weissman becomes a case against AIPAC. They’re terrified the feds will get Rosen to flip. If they’re putting up the money for his next job — well, Steve Rosen is not a wealthy guy.”

Whatever the motivation, the way in which the payments were structured were designed to conceal them from scrutiny by the public or IRS. Checks were given not just to Rosen, but to his wife and children in order to keep the threshhold below the minimum required for reporting for tax purposes. This also meant that Rosen himself didn’t have to report them as income to the IRS.

I find the fact that America’s wealthiest Jews were eager to reward a man for eliciting top secret information from the federal government and giving it to Israel is at the least unseemly. You can spin this any way you want and Hochberg et al undoubtedly will, but this was something more than helping a guy when he’s down and out. This was protecting their own organization when it looked like it too might get dragged into the mud by the government. It was save Rosen’s ass, save Aipac’s.

In deposition, Aipac questioned Rosen about these gifts seeking to argue disingenuously that they somehow accrued to Aipac’s credit. As if, contrary to Rosen’s claim that his firing destroyed his ability to earn a living (which it did), these gifts by these Aipac donors proved the group was still on his side and therefore couldn’t possibly be seeking to harm his reputation.

What did Steve Rosen get for his 23 years at Aipac? Nearly $5-million in lawyer’s fees paid out begrudgingly, $144,000 in severance, and six months COBRA coverage. That’s it. A measly $6,000 for every year of service after he fell on his sword for the group. Frankly, I can’t see how they’re going to get out of this lawsuit without paying him a few mill. It seems the least these jackals can do for a fellow jackal.

A couple of stray oddities in all this that are worth mentioning. When Aipac’s attorney tells Rosen they found pornography on his computer he professes not to know how it got there. Did he surf porn websites? Sure, doesn’t everybody? But he never did anything that would’ve caused anything to have been downloaded on his work computer. It’s like Bill Clinton saying he didn’t inhale. How does he think the files got there? Did they worm their way into his PC unbidden? Rosen even volunteers that he didn’t watch videos (God forbid), only looked at pictures. As if that somehow sounds better. But of course he viewed videos. How else do files get on a computer? They’re downloaded. And when you watch a video it’s downloaded to your PC. The other way a file is downloaded is if you manually copy an image to your hard drive and it’s very possible Steve did that though he claims he was a choir boy in that regard: he looked but he didn’t download. He also, to show you what a smart dude he is, points to a Nielsen survey that found that 27% of Americans view porn at work. I swear, where did they get this guy from? Central Casting for jackasses and hypocrites??!

Rosen seems to draw a moral line in the sand concerning pornography. Images of adults are OK, but images of children are not. And Steve wants you to know that he never was into children. OK, now that we know that I somehow feel a whole lot better.

There is a long exchange between Rosen and Aipac’s attorney in which they flail as they attempt to explain to each other the difference between “browse” and “view.” It’s amusing because they fall all over each other at first asking a question, then seeing whether the other guy can answer it himself so as not to embarrass the questioner too much. Guys, you “browse” the web. You don’t browse images (unless you’re on the Google Images site–& hey, maybe that’s where Steve was). You “view” an image.

The Forward’s own report on these depositions quotes Rosen warning Aipac: “You ain’t seen nuthin’ yet.” He claims that his own filings later this month will put to shame the dirt Aipac exposed about him and his personal life. I can hardly wait. But I warn readers to put on a shower cap when you read this stuff so it doesn’t get dumped on your head on the way down.

Ameer Makhoul and Israel’s Sham Justice

Thursday, October 28th, 2010
ameer makhoul

Ameer Makhoul, during a May, 2010 legal hearing (Oded Bality/AP)

When you are a political activist facing a sentence of life to be handed down by a security state in which all the levers of power are arrayed against you; when you are a father and husband facing the prospect of never seeing your daughters till they themselves are grown, married and with children of their own; when you are a man who has faced a lifetime of oppression as a member of a largely despised Israeli minority and understands that every card is stacked against you.  When you face all of these factors in weighing your future and your options in facing “justice,” what do you do?

Do you respond as Ethel Rosenberg did?  Though the historical record now indicates that her husband was likely a spy and hence guilty of some of the charges against him (though they certainly didn’t constitute a capital crime), the record also indicates that Ethel was press-ganged by a national security apparatus which used her as leverage to extort a guilty plea from her husband.  But Ethel turned the tables on the government and didn’t play the role the government expected.  She refused to pressure her husband and was so infused with discipline and belief in the couple’s cause that neither broke and they went to their deaths for it.

If you are Ameer Makhoul, what do you do?  If you are Richard Silverstein or whoever reads these words–what do YOU do?  Do you cave in the belief that you are entitled to save yourself for the sake of family, your political work, your life?  Or do you hang tough and never give an inch?

Ameer Makhoul has made his choice.  He has signed a plea bargain admitting to a number of the charges levelled against him by the Israeli secret police (though his attorneys say that some of the original charges were removed from the final deal).  The Haaretz headline says he admitted to espionage, contact with a foreign agent, and abetting an enemy.

The national security goons will never tell you what Makhoul really did.  But I have reported here about what I know of those contacts.  Makhoul met, during a conference he attended in Amman, with Hassan Jaja, an expatriate Lebanese environmental activist and landscape designer living in Jordan.  This is the alleged Hezbollah agent to whom the Israeli Palestinian activist spilled precious state secrets.  What did he tell him?  That Haifa bay faced environmental pollution?

Imagine yourself Nancy Pelosi, who when she was Minority Leader during the Bush presidency, travels to Syria and meets with that country’s president.  The Wall Street Journal calls for your prosecution under the obscure Logan Act, which prohibits Americans from traveling abroad to conspire with an enemy state.  All this happened.  But imagine what could’ve come afterward: when Pelosi returns she finds a subpoena from the FBI investigating her for her actions.  The Republican Justice Department files suit against her and even wins a conviction accompanied by a serious jail sentence.  Imagine Nancy Pelosi spending five or tens years in federal prison, all for meeting Bashar Assad.

Fantasy, you say?  Of course.  But not for Ameer Makhoul.  He had a meeting with a man, which for any other person in the world would be an ordinary meeting over coffee involving consultation about issues of mutual concern.  But for a politically hounded Israeli Palestinian activist, this meeting becomes the grounds for stealing his liberty and throwing him into a cell for possibly the rest of his life.

Makhoul’s wife is circulating tonight a statement read on her husband’s behalf at the International Conference of the World Social Forum, which addresses these same issues:

I urge you, my brothers and sisters, to come to Haifa on the day of my trial [Thursday, October 28th 2010] so that you can see for yourselves that the Israeli court and legal system are mere manifestations of the Israeli state’s injustice. Thus, we do not seek justice in these systems, but we choose to…accuse them of being instruments of oppression, not righteousness. A Palestinian prisoner in an Israeli prison can never be found innocent.

They target us, the 1948 Palestinians, and our relations with our Palestinian brothers and sisters in the West Bank, in the Gaza Strip and in exile, as well as our relations with the Arab world. For according to the myths of Israeli security, these are considered to be “relations with the enemy.” However, our enemy is not and will never be any people or national, religions or ethnic group. As much as they would like to accuse us as such, the Jews are not our enemy.

Or, as the Talmud would have it: leyt din, v’leyt dayan (“there is no judge and no justice”)

You will undoubtedly hear a floodgate of self-congratulation from apologists for Israel’s oppression of the Palestinians trumpeting Makhoul’s “confession” and “admission of guilt” (according to Israeli headlines).  But you and I and every reasonable person knows what happened here.  Makhoul chose a tactical retreat in order to preserve what he could of his liberty.

What evidence do I have of this?  Look at the history of similar Shin Bet prosecutions.  They are known for targeting effective political leaders and hounding them into prison or exile.  They did this as early as the 1960s when they drove Mahmoud Darwish into exile.  A more recent victim was Amzi Bishara, whom the Shin Bet drove from the country.  In 2004, they arrested Mohammed Kana’neh, giving no reason for doing so.  Eventually, he too accepted a plea deal involving a 30-month sentence which, on appeal, was lengthened by another two years.  Yes, under Israeli justice, when the defense appeals they ADD to your sentence if you’re a Palestinian security suspect.

The Shabak has a very narrow repertory and very little imagination.  The list of crimes of Palestinian security suspects is long, but remains the same no matter the name of the suspect.  In the old days, perhaps you met with a radical leader of the PLO.  Today, you meet with Hezbollah.  So yes, there are a few modifications over time to account for changes in political fashion.  But the broad outlines remain virtually the same.

Returning to Makhoul’s plea bargain, the prosecution is seeking a ten-year sentence in connection with the reduced charges.  The defense is lobbying for a seven-year term.  Seven years instead of life.  That’s a tough calculation to make.  But can anyone fault a condemned man for choosing a lesser sentence so that he can live to fight another day?

The Haaretz story as much as alludes to my own perspective on the plea deal and the reasons Makhoul agreed to it:

Makhoul’s lawyer said that notwithstanding the plea bargain, his client did not pass on classified information to an enemy agent, and that all of the information was already known.

Makhoul said in court yesterday that the story “is not yet finished.”

Makhoul said that although many of the charges that were brought against him were irrelevant, he decided to accept the plea bargain after consulting with his lawyers and with his family.

If you read Hebrew and don’t mind reading an article that is liable to make you ill, you can read Dan Margalit’s smug, self-satisfied pimping for Israel secret police and its role in this case.  Margalit brags that Makhoul was allegedly made to eat crow and rescind every charge he made against the Shin Bet (no torture, no mistreatment).  The Bibiton bought-and-paid-for reporter also rubs the noses of the Israel-Palestinian activist solidarity community (that would be you and me) who championed Makhoul’s innocence.  ”Look at ‘em, now,” Margalit seems to be saying.  ”Boy, they’ll have to eat crow after this.”

I detest the man, as I wrote to the Israeli friend who sent me this piece of garbage.  The Talmud talks about those who sin unintentionally and those who do so intentionally.  For unintentional sin, the punishment is much lighter than for intentional sin.  Margalit’s sins of bolstering the evil of the Israeli crimes against Palestinians are not unintentional. His are fully intentional.  Unfortunately, only history can mete out punishment for the Margalits of the Israeli power elite.  The wages of his sin will be future irrelevancy when history eventually rights the wrongs and clears the record of Israeli injustice and Occupation.

We may have a long time to wait for the liberation of political prisoners like Ameer Makhoul and the ending of Israel’s massive system of injustice.  But we and the Palestinians will win this fight.  And Israel will be the better for it.  Not weakened or destroyed as the apologists have it.  Justice when it finally comes in a national conflict does not ultimately harm either victim or perpetrator.  It heals both (cf. South Africa, Northern Ireland, Kosovo).  And it will do so in this case as well.  Of that you can be sure.

If I were Hamas, I would add a new name to the prisoner list of those they are seeking to free in exchange for Gilad Shalit: Ameer Makhoul.

Uri Blau Returns to Israel for Questioning, Kamm Close to Plea Deal

Sunday, October 24th, 2010

In a follow-up to a story first exposed here, Haaretz investigative reporter, Uri Blau, and his source Anat Kamm, may be close to resolving their respective legal predicaments, that resulted from her transferring to him 2,000 IDF secret documents which he used to write damning reports about military abuses in Gaza and the West Bank.

After a year on the run in Europe, Blau has returned to Israel to face questioning from the police and Shabak.  I would hope for his sake that he already has an ironclad agreement with the prosecution.  Otherwise, he could be charged with anything as a result of this questioning.  My hope is that Israel will finally understand that in a democracy the press functions as a legitimate brake on abuses by the state and that Blau was serving this role and doing so admirably.

Galey Tzahal reports that Anat Kamm is close to signing a plea deal in her case as well.  A sign of the “evenhandedness” of the Israeli press can be found in the story’s description of her as “the spy soldier.”  The report only says that the deal would reduce the charges she faces, but doesn’t specify what range of punishment she may be facing.  If the deal is any greater than a two-year sentence (with her past year under house arrest included), then the State will be taking revenge against her for doing precisely the same thing IDF soldiers have done in the past with far lesser punishment (in fact I wrote here that one soldier, after giving secret documents to Blau faced confinement to base as her sole punishment).

There still is a possibility for a further miscarriage of justice here, so we’ll have to keep a close tab on this one.

Free Ameer Makhoul

Monday, October 4th, 2010

free ameer makhoulAfter breaking the Shabak gag order on his case, I helped found an international working group to support the imprisoned Israeli Palestinian nationalist activist, Ameer Makhoul (though I haven’t taken an active role in it lately). Now called the Committee for the Defense of Ameer Makhoul, it is entering a more public phase as the Shabak and Israeli justice system begins to kick into high gear after months of stops and starts.  This case is very important for those supporting what remains of Israeli democracy and Palestinian human rights.  Ameer Makhoul is no more guilty of spying for Hezbollah on Israel than you or I are.  This is a trumped case brought by a security apparatus engaged in campaign to stamp out independent Israeli Palestinian political voices.

What follows is the public appeal of the Committee.  What is most important is that you read through to the end and join me in making a contribution to support Ameer’s case.

Ameer Makhoul Trial Enters New Phase

Call for Support

Recent Developments

The campaign to free Ameer Makhoul, a Palestinian citizen of Israel and political and human rights activist falsely accused of espionage, has achieved significant advances. Makhoul’s attorneys…undermined the prosecution’s core allegations against him on September 16th in the Haifa District Court. State Prosecutors admitted that no evidence of espionage had been found in any of the computers and cellular phones seized from Makhoul’s home and office. Nor was any evidence of espionage found, they admitted, in the transcripts of thirty thousand wiretapped telephone conversations.

Makhoul’s lawyers further secured a ruling from the Nazareth District Court, September 14th, upholding Makhoul’s right to direct and confidential access to counsel. Makhoul’s right to counsel as a citizen of Israel had been routinely violated by prison authorities, who had been officially and conspicuously wire-tapping his conversations, conducted across glass barriers via telephone, with his lawyers.

Background

Sixteen members of Israel Security Agency commonly known in English as the Shin Bet abducted Mr. Makhoul from his home at 3:00 am on May 6th, 2010. They searched his home and office, seizing personal items belonging to Makhoul and his family, as well as office equipment, documents and databases.  Makhoul was detained incommunicado. A sweeping “gag order” was placed on the case forbidding publication by Israeli media of any information relating to the interrogation and the arrest. For twelve days he was subjected to torturous  interrogation techniques including excessively prolonged sleep deprivation—a technique Makhoul’s interrogators have openly stated they used. When Makhoul complained of being in excruciating pain, the Shin Bet interrogators cuffed his legs to a chair with shortened legs and threatened that he would be permanently crippled from the interrogation.

Three weeks after his detention, Makhoul was charged with espionage, assistance to the enemy in a time of war, contact with a foreign agent, and other trumped up security charges. When he finally appeared in open court, Makhoul categorically denied the relevance of all charges against him.

On June 14th, State Prosecutors announced their possessing of   ’Secret Evidence’ against Makhoul. That evidence, they stated, would not be disclosed to his legal defense team for security reasons. Meanwhile, Makhoul’s repeated requests for a medical exam and blood test by an independent doctor from the Association of Physicians for Human Rights were continually postponed. Makhoul was unable to discuss these matters with his lawyers without having his conversations wiretapped.

Public Committee for the Defense of Ameer Makhoul Established

The Committee for the Defense of Ameer Makhoul was established in a public meeting held at the headquarters of the Galilee Society for Health Research and Services in Shafa Amr on September 8th. Participating in the meeting were 47 representatives of grassroots networks and professional associations, as well as concerned Jewish and Arab public figures. At this meeting, the Committee and those it represents assumed collective responsibility for the defense of Ameer Makhoul. It took such a step for the following reasons.

Ameer Makhoul was not arrested as an individual. He was not arrested due to any serious contention that he conducted illegal activities–let alone espionage. Makhoul was arrested to send a message to Palestinian citizens of Israel. That message was formulated by extreme right wing parties in the current Israeli government. They are targeting Makhoul because he is a legal, legitimate, and effective voice of a politically disadvantaged group –Israel’s Palestinian Arab citizens.

Makhoul has been a voice of this disadvantaged group of Israeli citizens in numerous public meetings around the world. He is internationally recognized as a human rights defender and as a member of international coalitions and networks of international and regional organizations. In his capacities as Chairman of the Public Committee for the Protection of Political Freedoms in Israel  and as General Director of Ittijah –a network of Arab NGOs in Israel with consultative status in the United Nations Economic and Social Council —Makhoul regularly encounters and talks to citizens of foreign countries—including Arab countries. Simply talking to another Arab does not constitute espionage in the legal framework of Israel or any other country. But contacting an Arab colleague seems to be the core of the espionage charges against Makhoul.

In 2009, the Shin Bet promised Ameer Makhoul that they would “tailor a file for this disappearance and prolonged separation from his family” if he would not tone down his political and human rights activism. They were incensed by his legal, outspoken statements against Israel’s 2009 invasion of Gaza and his repeated reference to Israel’s use of phosphorus bombs against civilian populations in Gaza –including a majority of children. Spurious charges of espionage, the use of illegal interrogation techniques, and fabricated claims of evidence that evaporate in the open air seem to fulfill that threat to disappear Makhoul. Amnesty International has called his arrest and continued detention “pure harassment designed to hinder his human rights work.”

The Tasks at Hand for All of Us

The Committee for the Defense of Ameer Makhoul faces two urgent tasks. But first, we want to note what has already been achieved—despite all of the obstacles. A gag order against discussion of Makhoul’s case crumbled – thanks to appeals by the defense, community protest and solidarity and Israeli and foreign bloggers who ignored the order and opened the way to public pressure. The legal team has won important victories. Illegal practices of prison authorities that violated citizens’ right to counsel have been waylaid.

The obstacle presented by state prosecutors’ invocation of “secret evidence” to silence activists remains to be challenged and ultimately undermined. The incrimination of talking to foreigners must be challenged as well.  Already, it has become a tiny bit harder, we hope, for Israel to lock up intellectuals and activists under vague charges of “contact with a foreign agent” in the global village of the internet era.

Now, we have urgent and specific tasks at hand. The Committee for the Defense of Ameer Makhoul is working to mobilize legal and medical international observers for the trial of Ameer Makhoul and to raise funds to cover lawyer fees and related expenses for Makhoul’s defense. We have launched local publicity and fundraising campaigns to achieve those goals. We need your help to make our efforts even more effective.

We reach out to the friends of Ameer and supporters of his work on behalf of Palestinian citizens of Israel and human rights victims everywhere. At this critical moment, we ask for your direct involvement in the campaign for his freedom. Ameer’s trial is scheduled to proceed Tuesday October 5th.  The time is now for you to get involved.

All interested individuals and groups are invited to contact the Chairman of the Committee for the Defense of Ameer Makhoul: Dr. Hatim Kanaaneh, Phone- 972-(0)522-414 126.  email: kanaaneh at hotmail dot com

Checks can be made out to The Committee for Defense of Ameer Makhoul

Account details for direct bank transfers are as follows:

Arab Israel Bank- ltd.
Bank no.: 34.
Branch no.: 001 Haifa.
Beneficiary Name: The Committee for Defense of Ameer Makhoul- Haifa.
Account Humber  IBAN= IL 890340010000000818780  (8187/80)
Swift Code: Lumiilittlv- 794 Branch

Online Donations through Pay pal can be made here:

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Bibi: Pollard for Settlement Freeze

Wednesday, September 22nd, 2010

Whatever you might want to say about Bibi Netanyahu, the guy has a sense of humor.  Normally, we think of spy exchanges as happening between two countries who are rivals with conflicting interests.  But when have you ever heard of a spy exchange between Israel and the U.S.?  Bibi has.

Apparently, for 10 years he’s harbored a rightist dream to free Jonathan Pollard from an American prison, where he’s serving a life sentence as the single most damaging American spy in U.S. history.  But to free Pollard, Bibi has to give the U.S. something in exchange. What does the current president want?  A U.S. spy in return?  No.  Not too many U.S. spies in Israeli prisons.  Instead, he’s proposing to give Obama a settlement freeze.  But there’s a kicker, it’s not a permanent freeze or even a year long one like the first one.  It’s an “extension.”  For maybe 12 weeks.

So Israel gets the worst spy in U.S. history and all we get is this friggin’ T-shirt and a settlement freeze extension.  There is something wrong with this picture.  Do you think the U.S. will bite?  When hell freezes over.

Here’s what I say: Obama make a counter offer.  Pollard for ’67 borders.  If they want the big fish let them give us their big fish, the settlements.  If not, they can fuggedaboudit.

I could see an Israeli settler outfit making this proposal.  I could even see a settler foreign minister like Avigdor Lieberman making it, but the prime minister (well, OK the Times quotes “Israeli officials” as making the proposal, but then notes that Bibi himself floated it to Clinton in 1999)?  Shouldn’t this be a little beneath his dignity?  To pant after the worst American spy in our history?  It leaves a very bad taste in the mouth.

Of course, if Pollard is ever freed he becomes an immediate celebrity for the Israeli right.  Bibi meets him at Ben Gurion to a hero’s welcome.  The former spy will be a leading Knesset candidate for the Likud or a farther-right party (just as his former Mossad handler, Rafi Eitan formed his own party and became a minister in the last government).  If Pollard is smart enough he could become the American Jewish version of Natan Sharansky.  Is this something Obama wants?

Shin Bet Climbs Down from Espionage Charges Against Kamm, Said; Stands Firm Against Makhoul (So Far)

Monday, September 13th, 2010

Israeli prosecutors are close to offering Anat Kamm a plea deal that would remove the charge of espionage, which carries a possible life sentence.  She took military documents while she served as a clerk in a senior IDF commander’s office and passed them to Uri Blau, who used them to write several stories that embarrassed the IDF.  One in particular showed that Kamm’s commanding officer specifically violated a Supreme Court ruling prohibiting the targeted killing of Palestinian militants if there was a danger of harming civilians or there were other options of apprehending them short of murder.  She also passed documents which revealed that the IDF planned a scorched earth attack on Gaza (before Cast Lead began) that would not spare civilians.  Though the military censor approved the story Blau wrote about this, it was later disapproved and the article was killed before publication.

Under the plea deal, she would be charged with passing a secret document to an unapproved source.  This too is still a very serious charge with a possible 15 year sentence.

Though the Shabak would never concede this, dropping the charge of espionage directly contradicts Yuval Diskin’s repeated claims that Kamm damaged the security of the state and revealed secret information that would be a “wet dream” for any foreign intelligence agency.  This represents yet another of many “climb downs” for which Diskin and the Shabak are noted.

They say the Canadian Mounties “always get their man.”  The Shabak hardly ever gets their man.  They just hold him or her in detention and hope to make a lesser charge stick with varying degrees of success.  Chaim Pearlman faced down the secret police and is now free and faces no charges or trial though he is suspected of murdering several Palestinian civilians in his very own personal Jewish settler terror campaign.

Haaretz reports that there is a legal provision under which Kamm would not guilty of any crime at all:

There is also a legal defense enshrined in law for someone who has transferred information to another person without authorization. The law states that if a person has honest intentions and intends to change public policy by legal means, it is not considered a crime.

omar said on release from israeli prison

Omar Said welcomed after his release from Israeli prison

But the only way for her to test whether a court would apply it to her case is for her to go to trial.  She has already served about nine months of house arrest.

In an unrelated security development, Omar Said, once accused along with Ameer Makhoul of engaging in espionage against the State in collaboration with Hezbollah, was released from prison today.  He had served five months of a longer sentence which he agreed to when the Shabak offered him a plea on a lesser charge. In his case too, the Shabak dropped the most severe charge of recruiting Israeli Arabs to spy for Hezbollah against Israel.  Note that in this case the Shabak didn’t have to prove anything to a court of law since Said copped a plea, which relieved the security agency of having to prove its case.

As Idan Landau writes so powerfully in his Hebrew post on this story, it looks like the mountain (that is, Shabak) gave birth to a mouse.  It called Said and Makhoul conspirators in terror, traitors, etc.  Headlines blared the charges. Rightists proclaimed all Arabs to be a Fifth Column.  What did all amount to?  Much of nothing.  Or again in Landau’s memorable phrase, the balloon that is Shabak emptied of all its hot air.

Did Said’s alleged crime warrant “disappearing” him for weeks after his arrest from family and attorneys?  Giving the Shabak an opportunity to both hold him incommunicado and abuse him?  Is this the same dangerous man who served only a  third of his original sentence and was let off on “good behavior?”

No, Said fell afoul of a comprehensive campaign by the security service to criminalize Israeli Palestinian nationalism and political activism.  That is the true crime.  The Shabak’s only problem?  Israeli “democracy” hasn’t quite caught up with it and hasn’t yet labelled political activism a crime.  That’s why it must dredge up these ridiculous charges, trumpet them before all Israel, and then fold it’s poker-hand quietly later.  We should remember, as Landau notes, that no less a figure than Diskin himself broadcast in 2007 his intent to target Israeli Palestinian nationalists even though they had committed no crime.  For him, the imaginary crime of “damaging the Jewish democratic character of Israel” would do as grounds for persecution.  Clearly, this policy found favor in the eyes of the political echelon, as Diskin has not only not been criticized–on the contrary he has been lionized as a successful intelligence chief.

I am proud of the role playing by this blog and others in breaking the vow of silence imposed by Shabak on this case.  They didn’t want any Israeli to know that they’d disappeared Said and Makhoul.  It was thanks to us and the efforts of many others that the secret police were forced to concede that they had whisked them away (in Makhoul’s case in the dead of night) from family, friends and community.  Together, the blogs and other activists told the world we knew what had happened and would not allow it.  Shabak eventually folded on this as well.  Or to be more exact, the courts realized the charade and allowed the secret to be exposed.

But justice has not yet been served in the case of Ameer Makhoul.  He remains in prison and his next court date is September 16th.  Though he has not yet been tried, he has already been imprisoned longer than Said and has fought a running battle with prison authorities demanding that they provide him the same rights criminal suspects are afforded.  In Israel, security suspects are provided far fewer rights than criminal suspects.  Again, the Shabak has not proved its case against Makhoul and I doubt it ever will if the detainee refuses to plea bargain.  Though it appears he can be held almost indefinitely by the security agency by stretching out his trial over a long period.

In case you’re wondering what might make Makhoul a more dangerous man than Said in the eyes of Shabak: the former supports the BDS movement.  And we have seen consistently that a government that imagines Iran poses an existential threat to the State can also imagine that BDS does the same.  And if Israel is prepared to go to war against Iran, it is certainly willing to wage a slightly less intense form of warfare against figures like Makhoul.  The truth is that BDS not only angers the powers that be in Israel, it actually poses, in their eyes, a supreme danger to it.  It may be hard for some to believe this, but alas it is true.

Paranoia strikes deep, and into your heart, Israel’s leaders, it will creep.

Mossad’s Brodsky Too Hot for Germany to Handle

Friday, August 13th, 2010

Germany decided that helping solve the al-Mabouh assassination was one potato that was too hot to handle when it released Mossad spy “Uri Brodsky” on bail and told him he could leave Germany immediately for Israel.  The German ‘cave’ is breathtaking in its abjectness.  I presume that Angela Merkel thinks she already has enough irons in the fire regarding the complexity of the EU-German relationship with Israel, that she wanted nothing to do with further complications like imprisoning a Mossad killer and getting to the bottom of the most breathtaking and doltish international assassination in recent years.  It could also have something to do with German war guilt and an unwillingness to hear Bibi play that Holocaust card yet again against it.

The Germans noted that if Brodsky refused to return to Germany for further hearings in his trial he would be subject to arrest for the original charges of espionage related to fraudulent efforts to secure a passport for one of the Dubai hitmen.  If he is captured in a third country with an extradition treaty he could be returned to Germany for trial.  But does any German in their right mind think that Uri Brodsky will go anywhere near Germany for the rest of his life?  He won’t return for his trial and he won’t return after that.  The Mossad will keep him well under wraps in that regard.  If he serves the spymasters again it will be in a country with no German extradition treaty.

And so one of the best and most likely ways of penetrating the veil of the al-Mabouh hit will be lost.  All because the Germans have no guts to force the Mossad to be accountable for its actions; and have no guts about forcing Israel to honor international law and national sovereignty.  But hey, Merkel will have gained the undying gratitude of Israel’s spookery and Bibi Netanyahu.  That counts for something, right??

I’ve written here in the past that “Uri Brodsky” is not this man’s real name.  He stole that identity too from an actual Israeli named Uri Brodetzki, who is a student in San Francisco, and whose parents are outraged that their spy agency put their son’s life in danger by implicating him in anti-Palestinian terror.