EXCLUSIVE: In 2017, the CIA hatched audacious plans to kidnap Julian Assange, the WikiLeaks founder, spurring heated debate among top agency and Trump administration officials over the legality and practicality of such an operation
, the Obama administration allowed the intelligence community to prioritize collection on WikiLeaks, according to Evanina, now the CEO of the Evanina Group. Previously, if the FBI needed a search warrant to go into the group’s databases in the United States or wanted to use subpoena power or a national security letter to gain access to WikiLeaks-related financial records, “that wasn’t going to happen,” another former senior counterintelligence official said. “That changed after 2013.
The Obama administration’s policy was, “If there’s published works out there, doesn’t matter the venue, then we have to treat them as First-Amendment-protected individuals,” the former senior counterintelligence official said. “There were some exceptions to that rule, but they were very, very, very few and far between.” WikiLeaks, the administration decided, did not fit that exception.
By 2015, WikiLeaks was the subject of an intense debate over whether the organization should be targeted by law enforcement or spy agencies. Some argued that the FBI should have sole responsibility for investigating WikiLeaks, with no role for the CIA or the NSA.
The CIA now considered people affiliated with WikiLeaks valid targets for various types of spying, including close-in technical collection — such as bugs — sometimes enabled by in-person espionage, and “remote operations,” meaning, among other things, the hacking of WikiLeaks members’ devices from afar, according to former intelligence officials.
On April 13, 2017, wearing a U.S. flag pin on the left lapel of his dark gray suit, Pompeo strode to the podium at the Center for Strategic and International Studies , a Washington think tank, to deliver to a standing-room-only crowd his first public remarks as Trump’s CIA director. Pompeo answers questions at the Center for Strategic and International Studies in Washington in 2017.
The NSA believed that, although the leak revealed only CIA hacking operations, it could also give countries like Russia or China clues about NSA targets and methods, said this former official. The immediate question facing Pompeo and the CIA was how to hit back against WikiLeaks and Assange. Agency officials found the answer in a legal sleight of hand. Usually, for U.S. intelligence to secretly interfere with the activities of any foreign actor, the president must sign a document called a “finding” that authorizes such covert action, which must also be briefed to the House and Senate intelligence committees.
The difficulty in proving that WikiLeaks was operating at the direct behest of the Kremlin was a major factor behind the CIA’s move to designate the group as a hostile intelligence service, according to a former senior counterintelligence official. “There was a lot of legal debate on: Are they operating as a Russian agent?” said the former official. “It wasn’t clear they were, so the question was, can it be reframed on them being a hostile entity.
Soon after the speech, Pompeo asked a small group of senior CIA officers to figure out “the art of the possible” when it came to WikiLeaks, said another former senior CIA official. “He said, ‘Nothing’s off limits, don’t self-censor yourself. I need operational ideas from you. I’ll worry about the lawyers in Washington.’” CIA headquarters in Langley, Va., sent messages directing CIA stations and bases worldwide to prioritize collection on WikiLeaks, according to the former senior agency official.
Assange presents U.S. military documents on the Iraq War at press conference in London on Oct. 23, 2010. At the CIA, the new designation meant Assange and WikiLeaks would go from “a target of collection to a target of disruption,” said a former senior CIA official. Proposals began percolating upward within the CIA and the NSC to undertake various disruptive activities — the core of “offensive counterintelligence” — against WikiLeaks.
At meetings between senior Trump administration officials after WikiLeaks started publishing the Vault 7 materials, Pompeo began discussing kidnapping Assange, according to four former officials. While the notion of kidnapping Assange preceded Pompeo’s arrival at Langley, the new director championed the proposals, according to former officials.
In addition to diplomatic concerns about rendition, some NSC officials believed that abducting Assange would be clearly illegal. “You can’t throw people in a car and kidnap them,” said a former national security official. It’s unclear how serious the proposals to kill Assange really were. “I was told they were just spitballing,” said a former senior counterintelligence official briefed on the discussions about “kinetic options” regarding the WikiLeaks founder. “It was just Trump being Trump."
Whatever Trump’s view of the matter at the time, his NSC lawyers were bulwarks against the CIA’s potentially illegal proposals, according to former officials. “While people think the Trump administration didn’t believe in the rule of law, they had good lawyers who were paying attention to it,” said a former senior intelligence official.The rendition talk deeply alarmed some senior administration officials.
Eisenberg urged Justice Department officials to accelerate their drafting of charges against Assange, in case the CIA’s rendition plans moved forward, according to former officials. The White House told Attorney General Jeff Sessions that if prosecutors had grounds to indict Assange they should hurry up and do so, according to a former senior administration official.
The United States “had exquisite collection of his plans and intentions,” said Evanina. “We were very confident that we were able to mitigate any of those [escape] attempts.” If the Russians managed to get Assange onto a plane, U.S. or British operatives would prevent it from taking off by blocking it with a car on the runway, hovering a helicopter over it or shooting out its tires, according to a former senior Trump administration official. In the unlikely event that the Russians succeeded in getting airborne, officials planned to ask European countries to deny the plane overflight rights, the former official said.
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