It's true that if one parses Nuland's testimony, she's not exactly saying the Russians or the ethnic Russian rebels in eastern Ukraine shot down the plane. There is a semi-colon between the "unspeakable violence and pillage" and the passive verb structure "MH-17 was shot down." But she clearly meant to implicate the Russians and the rebels.
Nuland's testimony prompted me to submit a query to the State Department asking if she meant to imply that the U.S. government had developed more definitive evidence that the ethnic Russian rebels shot down the plane and that the Russians shared complicity. I received no answer.
I sent a similar request to the CIA and was referred to the DNI, where spokesperson Butler insisted that there had been no refinement in the U.S. intelligence assessment since last July 22.
But that's just impossible to believe. Indeed, I've been told by a source who was briefed by U.S. intelligence analysts that a great deal of new information has been examined since the days immediately after the crash, but that the problem for U.S. policymakers is that the data led at least some analysts to conclude that the plane was shot down by a rogue element of the Ukrainian military, not by the rebels.
Yet, what has remained unclear to me is whether those analysts were part of a consensus or were dissenters within the U.S. intelligence community. But even if there was just dissent over the conclusions, that might explain why the DNI has not updated the initial sketchy report of July 22.
It is protocol within the intelligence community that when an assessment is released, it should include footnotes indicating areas of dissent. But to do that could undermine the initial certitude that Secretary of State John Kerry displayed on Sunday talks shows just days after the crash.
Pointing Fingers
Though the DNI's July 22 report, which followed Kerry's performance, joined him in pointing the blame at the Russians and the ethnic Russian rebels, the report did not claim that the Russians gave the rebels the sophisticated Buk (or SA-11) surface-to-air missile that the report indicated was used to bring down the plane.
The report cited "an increasing amount of heavy weaponry crossing the border from Russia to separatist fighters in Ukraine"; it claimed that Russia "continues to provide training -- including on air defense systems to separatist fighters at a facility in southwest Russia"; and its noted the rebels "have demonstrated proficiency with surface-to-air missile systems, downing more than a dozen aircraft in the months prior to the MH17 tragedy, including two large transport aircraft."
But what the public report didn't say -- which is often more significant than what is said in these white papers -- was that the rebels had previously only used short-range shoulder-fired missiles to bring down low-flying military planes, whereas MH-17 was flying at around 33,000 feet, far beyond the range of those weapons.
The assessment also didn't say that U.S. intelligence, which had been concentrating its attention on eastern Ukraine during those months, detected the delivery of a Buk missile battery from Russia, despite the fact that a battery consists of four 16-foot-long missiles that are hauled around by trucks or other large vehicles.
I was told that the absence of evidence of such a delivery injected the first doubts among U.S. analysts who also couldn't say for certain that the missile battery that was suspected of firing the fateful missile was manned by rebels. An early glimpse of that doubt was revealed in the DNI briefing for several mainstream news organizations when the July 22 assessment was released.
The Los Angeles Times reported, "U.S. intelligence agencies have so far been unable to determine the nationalities or identities of the crew that launched the missile. U.S. officials said it was possible the SA-11 was launched by a defector from the Ukrainian military who was trained to use similar missile systems." [See Consortiumnews.com's "The Mystery of a Ukrainian 'Defector.'"]
The Russian Case
The Russians also challenged the rush to judgment against them, although the U.S. mainstream media largely ignored -- or ridiculed -- their presentation. But the Russians at least provided what appeared to be substantive data, including alleged radar readings showing the presence of a Ukrainian jetfighter "gaining height" as it closed to within three to five kilometers of MH-17.
Russian Lt. Gen. Andrey Kartopolov also called on the Ukrainian government to explain the movements of its Buk systems to sites in eastern Ukraine and why Kiev's Kupol-M19S18 radars, which coordinate the flight of Buk missiles, showed increased activity leading up to the July 17 shoot-down.
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