Poland’s procedure for appointing senior judges by the executive branch violates EU rules, the Court of Justice of the European Union (CJEU) has said.

Tuesday’s ruling by the CJEU said the situation in Poland in which the justice minister, “who is also the Public Prosecutor General,” can “second judges to higher criminal courts” and terminate them at any time “without stating reasons,” infringes on the independence of the judicial branch.

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The Polish coal-fired power plant Turow is seen from a hill near Vitkov village in the Czech Republic on June 28, 2021. © AFP / Michal Cizek
Poland must pay €500,000 DAILY for ignoring top EU court’s ruling on Turow mine

The EU court’s opinion was requested by a regional court in Warsaw, which was worried that the appointment and termination procedure compromised the presumption of innocence in cases adjudicated by minister-seconded judges.

The CJEU found “a number of factors” that could empower the justice minister to influence judges and thus “may give rise to doubts concerning their independence.” It said appointments and terminations of a judge should be made “on the basis of criteria known in advance and must contain an appropriate statement of reasons.” Under the current procedures, the criteria are not public at all and the minister doesn’t have to explain his or her decision to withdraw the secondment.

The European court also noted that while a judge has to consent to be seconded by the minister, the termination can be done without one, which “may have effects similar to those of a disciplinary penalty.”

The minister’s role as head of the prosecution is problematic in the context of judge appointments, since it calls into question the impartiality of prosecution and trial, the CJEU said.

Lastly, there is an issue with seconded judges’ involvement in disciplinary proceedings brought against other judges. They serve as deputies to the Disciplinary Officer for Ordinary Court Judges, also appointed by the minister of justice. The arrangement could cast doubt on “the imperviousness of the other members of the adjudicating panels concerned to external factors,” the EU court said.

The combination of factors gave the CJEU reason to believe that minister-seconded judges “are not provided with the guarantees and the independence which all judges should normally enjoy” in a member-state of the EU. The minister’s power “cannot be considered compatible with the obligation to comply with the requirement of independence.”

Considering the circumstances, the court added, “the presumption of innocence may be jeopardised” in cases presided over by judges such as these in Poland.

The disputed procedure is part of a sweeping reform of the judicial system, which put the conservative Polish government at loggerheads with the EU. The opinion is the latest blow dealt to Poland in the ongoing conflict.

Last month, the CJEU imposed a €500,000 ($568,000) per day fine on Warsaw for ignoring a previous order from the court in a case regarding a mining operation. Poland called the ruling part of a “political blackmail” campaign by Brussels.

READ MORE: Poland will be punished for challenging EU law primacy, European leader warns, as Warsaw claims Brussels is devoid of democracy

The EU and Poland have long been entrenched in conflicts over domestic policies which officials in Brussels say go against the union’s rules. Warsaw, among other things, has been accused of compromising the rule of law, discriminating against the LGBT community, and curbing freedom of the press. The Polish government says the EU is attempting to encroach upon its national sovereignty.

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Covid-19 variants keep emerging in different parts of the world, causing experts to ask how long the pandemic will last, and how effective the current methods of protection really are.

Since the pandemic started in 2019, people have referred to the disease which has paralyzed the world simply as ‘coronavirus’. Now, in 2021, when we talk about it, we mean not just the original variant, but also its numerous mutations. 

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© Getty Images / sasacvetkovic33
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In May, the WHO decided to label the key variants with Greek letters. Since then, the Delta variant has been proclaimed the predominant strain across the world, and now we have titles that look like codes to detail the differences between variants. Last month, the UK was put on high alert over a fast-spreading Delta AY.4.2 variant. This week, Norway reported finding one more version of the Delta strain – AY. 63. The country’s experts suggest it’s not more dangerous than the Delta mutation itself. Meanwhile, another Covid variant, discovered in France (B.1.640), brought the researchers an unpleasant surprise: they said they’d never seen mutations like it. 

Professor David Dockrell, from the Center for Inflammation Research of the University of Edinburgh, described to RT the reasons for the constant mutation of the coronavirus. “The areas in the virus that are most likely to change are those that come into contact with what we call ‘selective pressures’ – or factors that make them need to change,” he explains. “So, a version of the virus which mutates and changes to give it a selective advantage to escape from the immune system is more likely to prosper and become a dominant strain.” 

That’s how it works: The part of the virus many of the immune responses (or antibodies, T-cells etc.) are responding to is called the spike protein (or the S-protein). So, the virus tries to change it in order to survive. 

“We know that a variety of different viruses are able to mutate and change when exposed to the selective pressure of the immune system, whether it would be the human immune system or other species in which these viruses have evolved,” Prof. Dockrell says. “And of course, we’ve seen it most clearly with HIV, which is particularly good at changing and evolving. It does something called ‘reverse transcription’ – it copies material in the reversed direction from DNA to RNA.” 

Covid is still seemingly running faster than humanity’s efforts to curb it, but Prof. Dockrell has some good news. “The coronavirus – and viruses like it – are not as able to make these changes. They are going to do it to some extent, but they are not going to be as successful as retroviruses and HIV.” 

And the other major thing to say: When the viruses make changes, there’s always what we call ‘a fitness cost’. Many of the potential changes that the virus could make will actually not favor its survival. So there are only a certain number, potentially, of changes that the virus can make, before it starts affecting its fitness. 

Now, unfortunately, we are still in a phase where Covid19 can continue to evolve and change. It’s not time to panic, though, because across the world various ways to adapt the current anti-Covid strategies are already in place. First of all, people should keep getting vaccines – maybe receiving slightly altered booster doses, Prof. Dockrell suggests, “in a way, that we, after all, have to do with influenza, by providing a seasonal influenza vaccine and changing it every year.” 

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RT
WHO sounds alarm over looming Covid-19 catastrophe in Europe

“And maybe we have to keep changing some of the treatments like these new monoclonal antibodies against the virus, because they also may be limited by the emergence of a mutation of the virus evolving the S-protein,” he adds. 

Sounds promising – but won’t it become a never-ending race against constantly emerging mutations? 

Hopefully not. According to Prof. Dockrell, there are parts of viruses that scientists call ‘conserved areas’. With time, vaccines and monoclonal antibodies will target these areas, which the virus finds very hard to change. “Clearly, the direction of travel is to develop either vaccine responses that affect more different kinds of virus, or these ‘monoclonal antibodies’ that we could use to prevent or treat infection, that they will target more conserved areas and therefore will be less limited by the ability of these virus to evolve and change,” he concludes.

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Corin Stone, Washington College of Law

Corin Stone is a Scholar-in-Residence and Adjunct Professor at the Washington College of Law.  Stone is on leave from the Office of the Director of National Intelligence (ODNI) where, until August 2020, she served as the Deputy Director of National Intelligence for Strategy & Engagement, leading Intelligence Community (IC) initiatives on artificial intelligence, among other key responsibilities. From 2014-2017, Ms. Stone served as the Executive Director of the National Security Agency (NSA).

(Editor’s Note: This article was first published by our friends at Just Security and is the third in a series that is diving into the foundational barriers to the broad integration of AI in the IC – culture, budget, acquisition, risk, and oversight.)

OPINION — As I have written earlier, there is widespread bipartisan support for radically improving the nation’s ability to take advantage of artificial intelligence (AI). For the Intelligence Community (IC), that means using AI to more quickly, easily, and accurately analyze increasing volumes of data to produce critical foreign intelligence that can warn of and help defuse national security threats, among other things. To do that, the IC will have to partner closely with the private sector, where significant AI development occurs. But despite the billions of dollars that may ultimately flow toward this goal, there are basic hurdles the IC still must overcome to successfully transition and integrate AI into the community at speed and scale.

Among the top hurdles are the U.S. government’s slow, inflexible, and complex budget and acquisition processes. The IC’s rigid budget process follows the standard three-year cycle for the government, which means it takes years to incorporate a new program and requires confident forecasting of the future. Once a program overcomes the necessary hurdles to be included in a budget, it must follow a complex sequence of regulations to issue and manage a contract for the actual goods or services needed. These budget and acquisition processes are often considered separately as they are distinct, but I treat them together because they are closely related and inextricably intertwined in terms of the government’s purchasing of technology.

Importantly, these processes were not intended to obstruct progress; they were designed to ensure cautious and responsible spending, and for good reason. Congress, with its power of the purse, and the Office of Management and Budget (OMB), as the executive branch’s chief budget authority, have the solemn duty to ensure wise and careful use of taxpayer dollars. And their roles in this regard are vital to the U.S. government’s ability to function.

Unfortunately, despite the best of intentions, as noted by some in Congress itself, the budget process has become so “cumbersome, frustrating, and ineffective” that it has weakened the power of the purse and Congress’ capacity to govern. And when complicated acquisition processes are layered on top of the budget process, the result is a spider web of confusion and difficulty for anyone trying to navigate them.

The Need for Speed … and Flexibility and Simplicity

As currently constructed, government budget and acquisition processes cause numerous inefficiencies for the purchase of AI capabilities, negatively impacting three critical areas in particular: speed, flexibility, and simplicity. When it comes to speed and flexibility, the following difficulties jump out:

  • The executive branch has a methodical and deliberate three-year budget cycle that calls for defined and steady requirements at the beginning of the cycle. Changing the requirements at any point along the way is difficult and time-consuming.
  • The IC’s budgeting processes require that IC spending fit into a series of discrete sequential steps, represented by budget categories like research, development, procurement, or sustainment. Funds are not quickly or easily spent across these categories.
  • Most appropriations expire at the end of each fiscal year, which means programs must develop early on, and precisely execute, detailed spending plans or lose the unspent funds at the end of one year.
  • Government agencies expend significant time creating detailed Statements of Work (SOWs) that describe contract requirements. Standard contract vehicles do not support evolving requirements, and companies are evaluated over the life of the contract based on strict compliance with the original SOW created years earlier.

These rules make sense in the abstract and result from well-intentioned attempts to buy down the risk of loss or failure and promote accountability and transparency. They require the customer to know with clarity and certainty the solution it seeks in advance of investment and they narrowly limit the customer’s ability to change the plan or hastily implement it. These rules are not unreasonably problematic for the purchase of items like satellites or airplanes, the requirements for which probably should not and will not significantly change over the course of many years.

However, because AI technology is still maturing and the capabilities themselves are always adapting, developing, and adding new functionality, the rules above have become major obstacles to the quick integration of AI across the IC. First, AI requirements defined with specificity years in advance of acquisition – whether in the budget or in a statement of work – are obsolete by the time the technology is delivered. Second, as AI evolves there is often not a clear delineation between research, development, procurement, and sustainment of the technology – it continuously flows back and forth across these categories in very compressed timelines. Third, it is difficult to predict the timing of AI breakthroughs, related new requirements, and funding impacts, so money might not be spent as quickly as expected and could be lost at the end of the fiscal year. Taken together, these processes are inefficient and disruptive, cause confusion and delay, and discourage engagement from small businesses, which have neither the time nor the resources to wait years to complete a contract or to navigate laborious, uncertain processes.


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Simply put, modern practices for fielding AI have outpaced the IC’s decades-old approach to budgeting and acquisition. That AI solutions are constantly evolving, learning, and improving both undermines the IC’s ability to prescribe a specific solution and, in fact, incentivizes the IC to allow the solution to evolve with the technology. The lack of flexibility and speed in how the IC manages and spends money and acquires goods and services is a core problem when it comes to fully incorporating AI into the IC’s toolkit.

Even while we introduce more speed and agility into these processes, however, the government must continue to ensure careful, intentional, and appropriate spending of taxpayer dollars. The adoption of an IC risk framework and modest changes to congressional oversight engagements, which I address in upcoming articles, will help regulate these AI activities in the spirit of the original intent of the budget and acquisition rules.

As for the lack of simplicity, the individually complex budget and acquisition rules are together a labyrinth of requirements, regulations, and processes that even long-time professionals have trouble navigating. In addition:

  • There is no quick or simple way for practitioners to keep current with frequent changes in acquisition rules.
  • The IC has a distributed approach that allows each element to use its various acquisition authorities independently rather than cohesively, increasing confusion across agency lines.
  • Despite the many federal acquisition courses aimed at demystifying the process, there is little connection among educational programs, no clear path for IC officers to participate, and no reward for doing so.

The complexity of the budget and acquisition rules compounds the problems with speed and flexibility, and as more flexibility is introduced to support AI integration, it is even more critical that acquisition professionals be knowledgeable and comfortable with the tools and levers they must use to appropriately manage and oversee contracts.

Impactful Solutions: A Target Rich Environment

Many of these problems are not new; indeed, they have been highlighted and studied often over the past few years in an effort to enable the Department of Defense (DOD) and the IC to more quickly and easily take advantage of emerging technology. But to date, DOD has made only modest gains and the IC is even further behind. While there are hundreds of reforms that could ease these difficulties, narrowing and prioritizing proposed solutions will have a more immediate impact. Moreover, significant change is more likely to be broadly embraced if the IC first proves its ability to successfully implement needed reforms on a smaller scale. The following actions by the executive and legislative branches – some tactical and some strategic – would be powerful steps to ease and speed the transition of AI capabilities into the IC.

Statements of Objectives

A small but important first step to deal with the slow and rigid acquisition process is to encourage the use of Statements of Objectives (SOO) instead of SOWs, when appropriate. As mentioned, SOWs set forth defined project activities, deliverables, requirements, and timelines, which are used to measure contractor progress and success. SOWs make sense when the government understands with precision exactly what is needed from the contractor and how it should be achieved.

SOOs, on the other hand, are more appropriate when the strategic outcome and objectives are clear, but the steps to achieve them are less so. They describe “what” without dictating “how,” thereby encouraging and empowering industry to propose innovative solutions. SOOs also create clarity about what is important to the government, leading companies to focus less on aggressively low pricing of specific requirements and more on meeting the ultimate outcomes in creative ways that align with a company’s strengths. This approach requires knowledgeable acquisition officers as part of the government team, as described below, to ensure the contract includes reasonable milestones and decision points to keep the budget within acceptable levels.


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New Authorities for the IC

Two new authorities would help the IC speed and scale its use of AI capabilities: Other Transaction Authority (OTA)  and Commercial Solutions Openings (CSO). Other Transaction Authority allows specific types of transactions to be completed outside of the traditional federal laws and regulations that apply to standard government procurement contracts, providing significantly more speed, flexibility, and accessibility than traditional contracts. While OTA is limited in scope and not a silver bullet for all acquisition problems, OTA has been used to good effect since 1990 by the Defense Advanced Research Projects Activity (DARPA), DOD’s over-the-horizon research and development organization, among others.

CSOs are a simplified and relatively quick solicitation method to award firm fixed price contracts up to $100 million. CSOs can be used to acquire innovative commercial items, technologies, or services that close capability gaps or provide technological advances through an open call for proposals that provide offerors the opportunity to respond with technical solutions of their own choosing to a broadly defined area of government interest. CSOs are considered competitively awarded regardless of how many offerors respond.

Both OTA and CSO authority should be immediately granted to the IC to improve the speed and flexibility with which the IC can acquire and transition AI into the IC.

Unclassified Sandbox

The predictive nature of the IC’s work and the need to forecast outcomes means the IC must be able to acquire AI at the point of need, aligned to the threat. Waiting several years to acquire AI undermines the IC’s ability to fulfill its purpose. But with speed comes added risk that new capabilities might fail. Therefore, the IC should create an isolated unclassified sandbox, not connected to operational systems, in which potential IC customers could test and evaluate new capabilities alongside developers in weeks-to-months, rather than years. Congress should provide the IC with the ability to purchase software quickly for test and evaluation purposes only to buy down the risk that a rapid acquisition would result in total failure. The sandbox process would allow the IC to test products, consider adjustments, and engage with developers early on, increasing the likelihood of success.

Single Appropriation for Software

DOD has a pilot program that funds software as a single budget item – allowing the same money to be used for research, production, operations, and sustainment – to improve and speed software’s unique development cycle. AI, being largely software, is an important beneficiary of this pilot. Despite much of the IC also being part of DOD, IC-specific activities do not fall within this pilot. Extending DOD’s pilot to the IC would not only speed the IC’s acquisition of AI, but it would also increase interoperability and compatibility of IC and DOD projects.

No-Year Funds

Congress should reconsider the annual expiration of funds as a control lever for AI. Congress already routinely provides no-year funding when it makes sense to do so. In the case of AI, no-year funds would allow the evolution of capabilities without arbitrary deadlines, drive more thoughtful spending throughout the lifecycle of the project, and eliminate the additional overhead required to manage the expiration of funds annually. Recognizing the longer-term nature of this proposal, however, the executive branch also must seek shorter-term solutions in the interim.

A less-preferable alternative is to seek two-year funding for AI. Congress has a long history of proposing biennial budgeting for all government activities. Even without a biennial budget, Congress has already provided nearly a quarter of the federal budget with two-year funding. While two-year funding is not a perfect answer in the context of AI, it would at a minimum discourage parties from rushing to outcomes or artificially burning through money at the end of the first fiscal year and would provide additional time to fulfill the contract. This is presumably why DOD recently created a new budget activity under their Research, Development, Test and Evaluation (RDT&E) category, which is typically available for two years, for “software and digital technology pilot programs.”

AI Technology Fund

Congress should establish an IC AI Technology Fund (AITF) to provide kick-starter funds for priority community AI efforts and enable more flexibility to get those projects off the ground. To be successful, the AITF must have no-year funds, appropriated as a single appropriation, without limits on usage throughout the acquisition lifecycle. The AITF’s flexibility and simplicity would incentivize increased engagement by small businesses, better allowing the IC to tap into the diversity of the marketplace, and would support and speed the delivery of priority AI capabilities to IC mission users.


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ICWERX  

To quickly take advantage of private sector AI efforts at scale, the IC must better understand the market and more easily engage directly with the private sector. To do so, the IC should create an ICWERX, modeled after AFWERX, an Air Force innovation organization that drives agile public-private sector collaboration to quickly leverage and develop cutting-edge technology for the Air Force. AFWERX aggressively uses innovative, flexible, and speedy procurement mechanisms like OTA and the Small Business Innovation Research and Small Business Technology Transfer programs (SBIR/STTR) to improve the acquisition process and encourage engagement from small businesses. AFWERX is staffed by acquisition and market research experts who are comfortable using those authorities and understand the market. While the IC’s needs are not identical, an ICWERX could serve as an accessible “front door” for prospective partners and vendors, and enable the IC to more quickly leverage and scale cutting-edge AI.

De-mystify Current Authorities

While there is much complaining about a lack of flexible authorities in the IC (and a real need for legal reform), there is flexibility in existing rules that has not been fully utilized. The IC has not prioritized the development or hiring of people with the necessary government acquisition and contracts expertise, so there are insufficient officers who know how to use the existing authorities and those who do are overworked and undervalued. The IC must redouble its efforts to increase its expertise in, and support the use of, these flexibilities in several ways.

First, the IC should create formal partnerships and increase engagement with existing U.S. government experts. The General Services Administration’s Technology Transformation Services (TTS) and FEDSIM, for example, work across the federal government to build innovative acquisition solutions and help agencies more quickly adopt AI. In addition, DOD’s Joint AI Center has built significant acquisition expertise that the IC must better leverage. The IC also should increase joint duty rotations in this area to better integrate and impart acquisition expertise across the IC.

Second, the IC must prioritize training and education of acquisition professionals. And while deep acquisition expertise is not necessary for everyone, it is important for lawyers, operators, technologists, and innovators to have a reasonable understanding of the acquisition rules, and the role they each play in getting to successful outcomes throughout the process. Collaboration and understanding across these professions and up and down the chain of command will result in more cohesive, speedy, and effective outcomes.

To that end, the Office of the Director of National Intelligence (ODNI) should work with the many existing government acquisition education programs, as well as the National Intelligence University, to develop paths for IC officers to grow their understanding of and ability to navigate and successfully use acquisition rules. The ODNI also should strengthen continuing education requirements and create incentive pay for acquisition professionals.

Third, the IC should prioritize and use direct hire authority to recruit experts in government acquisition, to include a mix of senior term-limited hires and junior permanent employees with room to grow and the opportunity for a long career in the IC. Such a strategy would allow the IC to quickly tackle the current AI acquisition challenges and build a bench of in-house expertise.

Finally, practitioners should have an easily accessible reference book to more quickly discover relevant authorities, understand how to use them, and find community experts. A few years ago, the ODNI led the creation of an IC Acquisition Playbook, which describes common IC acquisition authorities, practices, and usages. The ODNI should further develop and disseminate this Playbook as a quick win for the IC.

Incentivize Behavior

To encourage creative and innovative acquisition practices, as well as interdisciplinary collaboration, the IC must align incentives with desired outcomes and create in acquisition professionals a vested interest in the success of the contract. Acquisition officers today are often brought into projects only in transactional ways, when contracts must be completed or money must be obligated, for example. They are rarely engaged early as part of a project team, so they are not part of developing the solutions and have minimal investment in the project’s success. Reinforcing this, acquisition professionals are evaluated primarily on the amount of money they obligate by the end of the fiscal year, rather than on the success of a project.

Therefore, to start, project teams should be required to engage acquisition officers early and often, both to seek their advice and to ensure they have a good understanding of the project’s goals. In addition, evaluation standards for acquisition officers should incorporate effective engagement and collaboration with stakeholders, consideration of creative alternatives and options, and delivery of mission outcomes. If an officer uses innovative practices that fail, that officer also should be evaluated on what they learned from the experience that may inform future success.

Lastly, the ODNI should reinvigorate and highlight the IC acquisition awards to publicly reward desired behavior, and acquisition professionals should be included in IC mission team awards as a recognition of their impact on the ultimate success of the mission.

Conclusion

Between the government’s rigid budget and acquisition processes and confusion about how to apply them, there is very little ability for the IC to take advantage of a fast-moving field that produces new and updated technology daily. Tackling these issues through the handful of priority actions set forth above will begin to drive the critical shift away from the IC’s traditional, linear processes to the more dynamic approaches the IC needs to speed and transform the way it purchases, integrates, and manages the use of AI.

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The city council in Austria’s second-largest city, Graz, has elected a new mayor. Communist Party member Elke Kahr has become the first Communist leader of a major city in the country.

The 60-year-old politician, who has been working in the municipal government for more than 15 years and previously served as vice mayor of Graz, was elected as the new city leader on Wednesday. A member of the Austrian Communist Party (KPÖ, Kommunistische Partei Österreichs) for almost 30 years, she won the election with 28 of 46 votes. Kahr succeeded the previous long-standing mayor Siegfried Nagl of the center-right, liberal-conservative People’s Party.

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Who would have thought that the daughter of a locksmith, a Communist, would become mayor,” she said in her first speech following the vote.

Having acknowledged a number of issues to deal with in the city, especially during the Covid-19 pandemic, the new mayor highlighted a housing policy, pledging to put a stop to profit-driven construction in Ganz.

The Communists have also already formed a coalition with the Greens and the Social Democratic Party (SPÖ), and another precedent in European city governance was made – two women serving as mayor and deputy. Green leader Judith Schwentner was chosen as Graz’s vice mayor, with the new governing coalition saying they would support not only social, but also environmental changes, aiming to improve living standards especially for low-income groups. Providing a bicycle for every child in the city from the municipality is in their program.

However, not everyone in the local government is happy with the new Communist rule. A member of the right-wing Freedom Party of Austria (FPÖ), Alexis Pascuttini, described the choice as “unpleasant,” having accused the Graz Communists of empty catchphrases in their program and refusing to participate in what he described as “left-wing nonsense.” Kahr herself has been exposed to strong pressure to justify her party, being repeatedly asked about her position on “the crimes of communist parties around the world since 1917,” according to Austrian media.

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Mark Kelton, Former Deputy Director, CIA’s Counterintelligence, National Clandestine Service

Cipher Brief Expert Mark Kelton is a retired senior Central Intelligence Agency executive with 34 years of experience in intelligence operations. Before retiring, he served as CIA’s Deputy Director for Counterintelligence.  He is a partner at the FiveEyes Group and is Board Chair of Spookstock, a charity that benefits the CIA Memorial Foundation, the Special Operations Warrior Foundation and the Defense Intelligence Memorial Foundation.

EXPERT PERSPECTIVE — Winston Churchill’s 04 June 1940 speech in which he vowed that he and his countrymen would “fight on the beaches “and would “never surrender” in the face of a seemingly inevitable Nazi invasion is rightly renowned as perhaps history’s most famous address by a wartime leader.  Less well known, however, is the cautionary tone the new Prime Minister struck in that same appearance before the House of Commons, as he sought to temper the joy and relief engendered by the seemingly miraculous extraction of the British army from the beaches of Dunkirk.  “We must,” Churchill warned, “be very careful not to assign to this deliverance the attributes of a victory.”  “Wars” he admonished, “are not won by evacuations.”

Shortly before the 2011 Abbottabad operation that killed Osama bin Laden, I was asked by my HQ, my views on mounting an assault on the target we knew as Abbottabad Compound 1, (AC1) given that we were not sure it sheltered the terrorist leader.  After expressing my 95% confidence that the Al Qaeda (AQ) leader was in fact, there, I allegorically added that we must strike as ‘you cannot leave Hitler in his bunker and end the war’.  I was fortuitously, right in my assessment that the murderer of so many innocents was present within AC1.  Sadly, however, his death did not bring our war with radical Islamic terrorism to a conclusion.  As was the case after Dunkirk, our enemy was unwilling to quit the field or to limit his unbounded war aims.

Likewise, we should have no expectation that the withdrawal of our forces from the Afghan theater of combat signals an end to the conflict with terrorists who started that war by attacking us on September 11, 2001.  We cannot unilaterally declare an end to the War on Terror by leaving Afghanistan – however much we might wish to do so – for the very simple reason that our enemies do not share that desire.  As former Defense Secretary Leon E. Panetta put it, “I understand that we’re trying to get our troops out of there, but the bottom line is, we can leave a battlefield, but we can’t leave the war on terrorism, which still is a threat to our security.”

The Taliban parading of the American-made weapons and accoutrements of their defeated foes was, in a manner akin to that of ancient Rome, intended not only to celebrate victory.  It was also meant to humiliate the vanquished.   Such triumphal demonstrations – and what will be a galling celebration of the anniversary of 9/11 as their own holiday to follow – will evoke enthusiastic responses from Islamic extremists and will draw many new adherents to the cause that lies at the core of Taliban legitimacy and belief.

As was the case when we left Iraq and later had to go back into the region to crush the ISIS Caliphate that metastasized in the wake of our departure, there is every prospect that the Taliban’s success will breathe new life into Islamic extremist groups.  And there is no reason to believe that the “new” and now much more heavily armed Taliban – an organization that refused to break with AQ over the course of a brutal twenty-year battle, will be any less receptive to working with Islamic terror groups than were their pre-9/11 forebears.


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“We are going to have to maintain very, very intense  levels of indicators and warnings and observstion and ISR [Intelligence, Surveillance, Reconnaissance] over that entire region to monitor potential terrorist threats”, said Chairman of the Joint Chiefs, General Mark Milley in a recent interview, adding it will not be easy.

As CIA Director William Burns said during Senate testimony in April, “Our ability to keep (the) threat…in check in Afghanistan from either al Qaeda or ISIS…has benefited greatly from the presence of U.S. and coalition militaries on the ground and in the air fueled by intelligence provided by the CIA and our other intelligence partners.” With the withdrawal of the American military, Burns said, “the U.S. government’s ability to collect and act on threats will diminish.”

Much discussed ‘over the horizon’ intelligence collection against Afghan terror targets will not fill the void left by the loss of our ability to monitor and attack terrorist targets from in-country bases.  With Afghanistan bordered by countries unlikely to be willing to host a significant US presence, intelligence collection missions will now have to be launched from bases well beyond the horizon with all that implies for the quantity, quality and timeliness of intelligence collected.  Such operations will also be commensurately more expensive and difficult to mount.  Moreover, the intimate knowledge of our adversaries that we have painstakingly built over the course of nearly 20 years on the ground, began aging the moment we departed Afghanistan.  Absent an intelligence presence on the ground, our ability to collect on terrorist groups operating in and from that country will only degrade further as time goes on.

After acknowledging that we “could see a resurgence of terrorism out of the region in the coming 12-36 months”, Milley went on that we will, “as opportunities present themselves… have to continue to conduct strike operations if there’s a threat to the United States.”  However, as our pre-9/11 experience showed, such remote strikes can delay our terrorist enemies’ plans, but will not deter them from their intent to strike the US homeland.

As such, Secretary Panetta is undoubtedly correct in his conclusion that US involvement in Afghanistan is not over.  “We’re going to have to go back in to get ISIS,” Panetta said.  “We’re probably going to have to go back in when al-Qaeda resurrects itself, as they will, with this Taliban.”  And, as was the case with our operations to destroy ISIS’s so-called Caliphate after we precipitously left Iraq, there can be no doubt that should we have to go back into Afghanistan, our task will be greatly complicated by the manner in which we left that country, abandoning our allies and bases there.


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The US withdrawal from Afghanistan will have profound geo-strategic implications for America’s position in the region and in the world.  Our Chinese, Russian and Iranian adversaries will seize the opportunity to fill the void left in the wake of our departure.

The Taliban has already indicated it will engage with China, which covets Afghanistan’s mineral wealth.  Entry into a transactional relationship with the cash-strapped Taliban regime and granting access to Afghan mineral resources – and possibly use of Bagram Air Base – in exchange for financial aid and Chinese support for the Taliban in international organizations would suit Beijing, which would evince no concerns about human rights and the like.

For their part, Central Asian countries will look away from Washington and ever more towards their old masters in Moscow and a rising China to ensure their security and economic well-being.   Islamabad, while publicly celebrating the victory of their Taliban proxies and its role in guiding it, must at the same time worry that the extremism embodied by the victors will gain renewed traction beyond its frontier provinces with all that implies for the security of the Pakistani state.

Caught by surprise by Washington’s decision to leave and the conduct of the withdrawal, even our closest and oldest allies are questioning US resolve.  They will surely think twice before acceding to any future US request to join in joint operations.  Our decision to quit Afghanistan, and its messy execution, will also evoke questions about the validity of American assurances to other nations under threat from aggressors.  It will not have been lost on them that the withdrawal of American air, intelligence, planning expertise and logistical support ensured the collapse of an Afghan Army that was dependent on the US.

Our adversaries, too, will see the chaotic nature of our departure as well as the abandonment of Americans, allied citizens and Afghans to uncertain fates as signs of weakness and enfeeblement.   This possibility is particularly dangerous in that they could seize this moment of US distraction to engage in opportunistic adventurism that could include movement by China against Taiwan; a Russian attempt to resolve its impasse with Ukraine forcibly; stepped-up Iranian prosecution of its proxy war with Israel; or a further ramping up by North Korea of its nuclear program.  Any such eventuality would force the US to respond vigorously or risk further erosion of its international credibility.

Finally, the costs involved in remotely monitoring and trying to deter threats emanating from a Taliban-controlled Afghanistan mean that we will be unable to shift intelligence and military resources away from the War on Terror to confront the threat posed by peer competitors to the degree we had hoped.

Aristotle is said to have pronounced, “You will never do anything in this world without courage. It is the greatest quality of the mind next to honor.”  Likewise, the courage shown by so many – and the heroic conduct of US military and CIA personnel in particular – in seeking to extract American citizens from Afghanistan and to honor our obligations to Afghans who worked and fought alongside us for so long, cannot obviate the dishonor attendant to having left so many behind.  Bloody Taliban outrages and reprisals against the latter are a certainty.

It will not be long before Kabul’s new rulers recognize that the Americans now under their control, are potentially useful pawns in trying to extract diplomatic, financial and other concessions in exchange for their freedom.  The effectiveness of our efforts hereafter to extract our own people and our Afghan allies from the clutches of the Taliban and how we respond to any attempts to use them as leverage against us, will determine the depth of the stain on our national honor already attendant to the disastrous end of our Afghan campaign.

In that same famous speech, Churchill solemnly told his countrymen that: ‘The Battle of France is over: The Battle of Britain is about to begin.”  He went on that “we would be well advised to gird our loins for the continued warfare to come.”

As we approach the 20th anniversary of 9/11, we should honor our sacred dead from that horrible day.  But we should likewise prepare ourselves for the battles with Al Qaeda and its murderous kindred of Cain that will surely come.

Recent polls would indicate that Americans support the decision to withdraw from Afghanistan, if not the way in which it was conducted.  One wonders how those polled would have responded if the question had been ‘Do you support a withdrawal from Afghanistan even if it markedly increases the chance of terror attacks and atrocities directed at your fellow citizens at home and abroad?’  I fear we will find out soon enough.

Read more expert-driven national security insights, perspective and analysis in The Cipher Brief

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People who live in the big cities are definitely masters of eavesdropping. Sometimes they can’t help it, accidentally overhearing conversations from complete strangers can be so funny, it’s hard not to share them with someone else. And here comes the fittingly named Instagram account Overheard San Francisco that’s dedicated to sharing the funniest eavesdropped interactions in San Francisco and the Bay area. Scroll down to see the funniest examples!

Funny conversation overheard in San Francisco.

Funny conversation overheard in San Francisco.

Funny conversation overheard in San Francisco.

Funny conversation overheard in San Francisco.

Funny conversation overheard in San Francisco.

Funny conversation overheard in San Francisco.

Funny conversation overheard in San Francisco.

Funny conversation overheard in San Francisco.

Funny conversation overheard in San Francisco.

Funny conversation overheard in San Francisco.

Funny conversation overheard in San Francisco.

Funny conversation overheard in San Francisco.

Funny conversation overheard in San Francisco.

Funny conversation overheard in San Francisco.

Funny conversation overheard in San Francisco.

Funny conversation overheard in San Francisco.

Funny conversation overheard in San Francisco.

Funny conversation overheard in San Francisco.

Funny conversation overheard in San Francisco.

Funny conversation overheard in San Francisco.

Funny conversation overheard in San Francisco.

Funny conversation overheard in San Francisco.

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Israel has allegedly launched two missiles targeting an area south of the Syrian capital, Damascus, Syria’s state media reported, noting that one of the projectiles was intercepted. There are no reports of damage.

The reported attack took place shortly after midnight on Wednesday local time, according to Syria’s SANA news agency. The projectiles came from the direction of the Israeli-occupied Golan Heights, the outlet noted. The strike targeted an “empty building” south of the capital and resulted in no losses, according to the report.

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Historic town of the Crusader city of Tartus, Tartous, built on the antique citadel, Syria, Middle East, West Asia. © Global Look Press / imagebroker / Egmont Strigl
Syria accuses Israel of missile strikes near Russian base

Israel routinely makes incursions into Syria under the pretext of taking out alleged Iranian outposts there. The Israel Defense Forces (IDF) typically refrain from commenting on the raids, in line with its long-standing policy on military operations conducted outside its borders. Just over a week ago, two Syrian soldiers were injured in reported Israeli missile strikes on the cities of Tartus and Homs, near Russia’s naval base. The bombing also reportedly inflicted material losses. 

Damascus has repeatedly condemned Israeli attacks against its territory as violations of its sovereignty. Russia, Iran, and Turkey have also denounced the Israeli airstrikes in Syria as a breach of international law.

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Rotterdam Mayor Ahmed Aboutaleb has described an anti-lockdown protest in his city as an “orgy of violence.” The Dutch demonstration devolved into a violent riot that saw police open fire on protesters.

Aboutaleb described the events of Friday night as an “orgy of violence,” after protesters packed Rotterdam’s central Coolsingel shopping street to voice their opposition to an ongoing partial lockdown, a ban on New Year’s Eve fireworks displays, and the possibility of a two-tiered system of freedom in the Netherlands, one of liberty for the vaccinated and restrictions for those without the jab.

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A police squad car is seen engulfed in flames during a protest in Rotterdam, Netherlands, November 19, 2021.
2 wounded after shots fired at Covid protest in Netherlands

The protest soon got out of hand, and police said on Saturday that 57 people were arrested. Protesters were seen torching police vehicles and launching fireworks at police, who shot at them in response.

Aboutaleb said that the cops had been “forced” to use their weapons. “On a number of occasions the police felt it necessary to draw their weapons to defend themselves,” he told reporters. “They shot at protesters, people were injured.”

Police say at least seven people were injured. Two of these injuries were caused by police bullets, and the victims are still in hospital. One officer was hospitalized, while several others were treated at the scene for minor injuries.

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AstraZeneca has announced that its preventative antibody cocktail offers 83% protection against symptomatic Covid-19 for at least six months, making it more effective than its own vaccine.

In a statement on Thursday, AstraZeneca cemented its lead in the race to develop and market a preventative Covid-19 drug, which is delivered as a shot in the arm. 

The drug, named AZD7442, reduces the risk of symptomatic Covid-19 by 83% over the course of six months, according to data from a trial in which participants were given one 300mg dose. There were no deaths or severe infections recorded within the trial group, it said. 

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Paxlovid, a Pfizer's coronavirus disease (Covid-19) pill, is seen manufactured in Ascoli, Italy (FILE PHOTO) © Pfizer/Handout via REUTERS
Pfizer gets new $5.3bn boost over Covid

A separate trial showed the drug reduced the risk of severe Covid-19 or death by 88% when administered within three days of the onset of symptoms. 

“These new data add to the growing body of evidence supporting AZD7442’s potential … We are progressing regulatory filings around the world and look forward to providing an important new option against SARS-CoV-2 [Covid-19] as quickly as possible,” AstraZeneca Executive Vice President Mene Pangalos said in the statement. 

The Anglo-Swedish firm has agreed to supply the US government with 700,000 doses of AZD7442 if the Food and Drug Administration grants it emergency use, which AstraZeneca requested on October 5. The firm has similar agreements with other nations. 

The drug is created using a combination of two antibodies originating from immune B-cells donated by a recovering Covid-19 patient. 

The treatment could be used in people who are known not to respond well to vaccines, such as cancer patients. Around 2% of people are considered to be at risk of not creating enough antibodies following the administration of a Covid-19 vaccine. 

Based on the numbers, the drug appears to be more effective than the firm’s first-generation Covid-19 vaccine. Britain’s Zoe Covid study showed the effectiveness of the vaccine dropped to around 67% after four to five months. 

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An Argentinian woman has become the second-ever HIV-infected person whose immune system helped defeat the virus without requiring additional medical treatment. She was first diagnosed with the AIDS-causing infection in 2013.

Scientists have dubbed the 30-year-old mother the “Esperanza patient,” after her hometown. The word ‘esperanza’ translates to ‘hope’ in English. Publishing their findings in the Annals of Internal Medicine journal on Monday, the researchers said the discovery boosts hope for a “sterilizing cure” for the estimated 38 million people with the life-long infection.

“I enjoy being healthy,” the Esperanza patient told NBC News over email. “I have a healthy family. I don’t have to medicate, and I live as though nothing has happened. This already is a privilege.”

The study found no intact remnants of the virus in the 1.5 billion blood and tissue cells the researchers analyzed – confirming the discovery first announced in March at an international meeting of HIV experts.

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© Belova59 from Pixabay
‘Elite controllers’ can cure themselves of HIV without any medical treatment, bombshell research claims

No additional information about the woman has been made public, but she was described at the time as “athletic and beautiful” and revealed to have an HIV-negative boyfriend and newborn baby.

Only one other person, identified in August 2020 as 67-year-old Loreen Willenberg from San Francisco, has been confirmed to have overcome the virus without medical intervention. The two women have been labeled ‘elite controllers’, referring to a rare subset of HIV patients who show no signs of the infection despite not undergoing antiretroviral treatments.

Typically, an HIV-infected person requires constant drug therapy to prevent the virus from attaching to their immune cells’ DNA and replicating. But, in the eight years since she was diagnosed, the Esperanza patient only received medication for six months during pregnancy to ensure her baby would be healthy.

In all, there have been four patients cured of HIV, two of whom – the ‘Berlin patient’ Timothy Ray Brown and the ‘London patient’ Adam Castillejo – were also cancer patients who received risky bone marrow transplants from donors with HIV-resistant genes. However, the success of their procedures is yet to be replicated.

“This is really the miracle of the human immune system that did it,” Dr. Xu Yu, an immunologist at the Ragon Institute in Boston, who co-authored the study, told NBC.

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