Remember Operation Pipeline from the '90's and the DEA's ridiculous list of what cops should look for when making traffic stops? On the list were things like "fast food wrappers" in the vehicle, too much luggage, not enough luggage. (Law review article on it here, on p. 748.) It was a blueprint resulting in racial profiling.

Now the FBI has come up with a list of what ordinary citizens should look for and report when patronizing an internet cafe. It's called Communities Against Terrorism: Potential Indicators of Terrorist Activities Related to Internet Cafe. Among the suspicious indicators:

• attempts to shield the screen from view of
  others
• Always pay cash
• Signs onto Comcast, AOL or another residential-based internet provider

It's not just internet cafes. The FBI has distributed flyers for 25 types of businesses. You can view them all here.

Bump: In an interview on "60 Minutes" tonight, Defense Secretary Leon Panetta criticizes Pakistan for arresting Shakil Afridi, the doctor that the CIA asked to run a fake vaccine program in hopes of getting DNA to confirm Osama bin Laden's presence at the Abbottabad compound. An inquiry commission in Pakistan has since recommended that Dr. Afridi be charged with high treason. Panetta says Pakistan should release Afridi:

“For them to take this kind of action against somebody who was helping to go after terrorism, I just think is a real mistake on their part.

[More...]

At the Washington Post: A long report on the Obama Administration's "global drone killing apparatus."

In the space of three years, the administration has built an extensive apparatus for using drones to carry out targeted killings of suspected terrorists and stealth surveillance of other adversaries. The apparatus involves dozens of secret facilities, including two operational hubs on the East Coast, virtual Air Force cockpits in the Southwest and clandestine bases in at least six countries on two continents.

....The rapid expansion of the drone program has blurred long-standing boundaries between the CIA and the military. Lethal operations are increasingly assembled a la carte, piecing together personnel and equipment in ways that allow the White House to toggle between separate legal authorities that govern the use of lethal force.

It's also a billion dollar industry that has "created blind spots in congressional oversight."

Bump and Update: On Frontline tonight, don't miss A Perfect Terrorist, about former DEA informant David Coleman Headley, aka Daood Giliani, who pleaded guilty in Chicago in exchange for a life sentence for his role in the 2008 Mumbai terror attacks.

FRONTLINE and ProPublica investigate the mysterious circumstances behind David Headley’s rise from heroin dealer and U.S. government informant to master plotter of the 2008 attack on Mumbai.

By most accounts except its own, the DEA turned Headley from a drug informant into a terror informant. And failed to notice he had joined the terrorists for real. [More..]

Law Professor David Cole in the New York Times Review of Books writes about the secret memo of authorizing the extra-judicial, targeted killing of American citizens, Anwar al-Awlaki and drone attacks. Shorter version: We need established defined rules and transparency.

In a democracy the state’s power to take the lives of its own citizens, and indeed of any human being, must be subject to democratic deliberation and debate. War of course necessarily involves killing, but it is essential that the state’s power to kill be clearly defined and stated in public—particularly when the definition of the enemy and the lines demarcating war and peace are as murky as they are in the current conflict.

Secret memos, with or without leaked accounts to The New York Times, are no substitute for legal or democratic process. As long as the Obama administration insists on the power to kill the people it was elected to represent—and to do so in secret, on the basis of secret legal memos—can we really claim that we live in a democracy ruled by law?

[More...]

The Patriot Act was signed into law 10 years ago today by then President George W. Bush. We've written 570 posts on the Patriot Act. The bottom line is it didn't make us safer, only less free.

Check out the ACLU's illustration of the law over the past decade.
And its report on the sections that most need revision.

The U.S. is warning Americans in Kenya a terror attack may be imminent.

The embassy in a note to U.S. citizens living in or visiting Kenya said on Saturday that reprisal attacks could be directed at "prominent Kenyan facilities and areas where foreigners are known to congregate, such as malls and night clubs."

Kenya launched an attack on al Shabaab militants in Somalia blaming them for recent kidnappings in Nairobi. Al-Shabaab said they didn't do it.

The rebels have warned Nairobi to withdraw from its southern strongholds or risk bringing the "flames of war" into Kenya.

President Barack Obama today said the Iraq War is over and American troops will be leaving.

"After nearly 9 years, America's war in Iraq will be over," said Mr. Obama, who said the last American troops will depart the country "with their heads held high, proud of their success, and knowing that the american people stand united in our support for our troops" by January 1st. ..."Our troops are finally coming home,"

Iraq, he said, will now be our equal.

"it will be a normal relationship between sovereign nations, an equal partnership based on mutual interests and mutual respect."

That didn't take long. On its Twitter account, the State Department posted this alert tonight -- its first tweet in four days.

@TravelGov Travel - State Dept

#Worldwide #Travel alert - potential for anti-U.S. actions due to disruption of terrorist act in U.S. linked to Iran: goo.gl/RKo7B

The gist:

The U.S. government assesses that this Iranian-backed plan to assassinate the Saudi Ambassador may indicate a more aggressive focus by the Iranian Government on terrorist activity against diplomats from certain countries, to include possible attacks in the United States.

Background on the plot is in our earlier post here.

What's this really about?

Jury selection has begun in New York in the federal trial of Russian businessman Viktor Bout. Bout is charged with terrorism offenses for supplying arms to FARC, Colombian rebel fighters.

Bout was extradited from Thailand. His supporters maintain this website. The extradition request is here. From the Thai court extradition decision:[More...]

Al Qaida Arabian Peninsula released a statement today confirming the killing of cleric Anwar al-Awlawi and two others. The media quotes a sentence or two, but you don't get the real flavor unless you read the whole thing. An English translation is here. A snippet:

“The Americans killed the scholar Shaykh Anwar al-Awlaqi and Samir Khan, but they did not prove any crime they committed and they never presented any proof against them from their laws of unjust freedom. So, where is the freedom, justice, human rights and respect of freedoms they boast of? Did America become so suffocated that it contradicted—and everyday it contradicts—these principles it claims it established its country on?”

“America has failed as it has not stuck to its principles, and the Shaykh—who lived his doctrine and died for its cause—won. And like that, everyday America kills humans unjustly and aggressively. Its history is black and long and has no limit, and it lies openly that it protects human rights, justice and freedom.”

[More...]

Pakistan has completed its interviews of Osama bin Laden's wives and children and declared them free to leave Pakistan and travel freely.

The Pakistani Commission also recommended that a physician who worked with the CIA to conduct a fake vaccination program designed to obtain DNA from the citizens of Abbouttabad be charged with treason.

The vaccination ruse has been widely criticized by aid agencies, which have said it could harm legitimate immunization programs in Pakistan. The vaccination team was reported to have gained access bin Laden's house in Abbottabad, but that it didn't confirm bin Laden's presence there.

The U.S. wants Pakistan to allow the doctor to live in the U.S.

The debate continues on the legality of the targeted killing of Anwar al-Awlaki. The White House Counsel opinion supporting the practice apparently is still classified as no one has published a copy. But State Department legal advisor Harold Koh explained it pretty clearly in March, 2010:

What I can say is that it is the considered view of this Administration—and it has certainly been my experience during my time as Legal Adviser—that U.S. targeting practices, including lethal operations conducted with the use of unmanned aerial vehicles, comply with all applicable law, including the laws of war.

....As recent events have shown, al-Qaeda has not abandoned its intent to attack the United States, and indeed continues to attack us. Thus, in this ongoing armed conflict, the United States has the authority under international law, and the responsibility to its citizens, to use force, including lethal force, to defend itself, including by targeting persons such as high-level al-Qaeda leaders who are planning attacks.

What about the criteria? Koh said: [More...]

Cleric Anwar al-Awlaki, an American citizen on the U.S. "capture or kill" list was killed by a drone today in Yemen.

A CIA drone finally got him, but that was only the tip of a much larger military operation. Missiles fired by the drone took out Awlaki's vehicle. That made the American-born cleric the first U.S citizen to be targeted and killed as a terrorist. A senior defense official said, "a very bad man just had a very bad day."

...Harrier jets flying from an amphibious carrier off the coast were ready to take a shot if the CIA drone missed. There was even an option for sending in Marine Ospreys with Special Operations Forces to collect any intelligence left after the strike, but that was never used.

President Obama proudly commented on the killing. [More...]

The New York Times reports the Obama Administrations' legal eagles are considering how far they can go in targeting and killing suspected terrorists in countries like Yeman and Somalia.

The debate, according to officials familiar with the deliberations, centers on whether the United States may take aim at only a handful of high-level leaders of militant groups who are personally linked to plots to attack the United States or whether it may also attack the thousands of low-level foot soldiers focused on parochial concerns: controlling the essentially ungoverned lands near the Gulf of Aden, which separates the countries.

[I]f a group has aligned itself with Al Qaeda against Americans, the United States can take aim at any of its combatants, especially in a country that is unable or unwilling to suppress them.

[More...]