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Byron York: Justice Department demolishes case against Trump order | Washington Examiner - 1 views

www.washingtonexaminer.com/...2613988

Byron-York Trump-Immigration-Order

shared by Gary Edwards on 06 Feb 17 - No Cached

Gary Edwards on 06 Feb 17

"James Robart, the U.S. district judge in Washington State, offered little explanation for his decision to stop President Trump's executive order temporarily suspending non-American entry from seven terror-plagued countries. Robart simply declared his belief that Washington State, which in its lawsuit against Trump argued that the order is both illegal and unconstitutional, would likely win the case when it is tried. Now the government has answered Robart, and unlike the judge, Justice Department lawyers have produced a point-by-point demolition of Washington State's claims. Indeed, for all except the most partisan, it is likely impossible to read the Washington State lawsuit, plus Robart's brief comments and writing on the matter, plus the Justice Department's response, and not come away with the conclusion that the Trump order is on sound legal and constitutional ground. Beginning with the big picture, the Justice Department argued that Robart's restraining order violates the separation of powers, encroaches on the president's constitutional and legal authority in the areas of foreign affairs, national security, and immigration, and "second-guesses the president's national security judgment" about risks faced by the United States. Indeed, in court last week, Robart suggested that he, Robart, knows as much, or perhaps more, than the president about the current state of the terrorist threat in Yemen, Somalia, Libya, and other violence-plagued countries. In an exchange with Justice Department lawyer Michelle Bennett, Robart asked, "How many arrests have there been of foreign nationals for those seven countries since 9/11?" "Your Honor, I don't have that information," said Bennett. "Let me tell you," said Robart. "The answer to that is none, as best I can tell. So, I mean, you're here arguing on behalf of someone [President Trump] that says: We have to protect the United States from these individuals coming from these countries, and there's no support for that."

<div class="cArrow"> </div><div class="cContentInner">"James Robart, the U.S. district judge in Washington State, offered little explanation for his decision to stop President Trump's executive order temporarily suspending non-American entry from seven terror-plagued countries. Robart simply declared his belief that Washington State, which in its lawsuit against Trump argued that the order is both illegal and unconstitutional, would likely win the case when it is tried. Now the government has answered Robart, and unlike the judge, Justice Department lawyers have produced a point-by-point demolition of Washington State's claims. Indeed, for all except the most partisan, it is likely impossible to read the Washington State lawsuit, plus Robart's brief comments and writing on the matter, plus the Justice Department's response, and not come away with the conclusion that the Trump order is on sound legal and constitutional ground. Beginning with the big picture, the Justice Department argued that Robart's restraining order violates the separation of powers, encroaches on the president's constitutional and legal authority in the areas of foreign affairs, national security, and immigration, and "second-guesses the president's national security judgment" about risks faced by the United States. Indeed, in court last week, Robart suggested that he, Robart, knows as much, or perhaps more, than the president about the current state of the terrorist threat in Yemen, Somalia, Libya, and other violence-plagued countries. In an exchange with Justice Department lawyer Michelle Bennett, Robart asked, "How many arrests have there been of foreign nationals for those seven countries since 9/11?" "Your Honor, I don't have that information," said Bennett. "Let me tell you," said Robart. "The answer to that is none, as best I can tell. So, I mean, you're here arguing on behalf of someone [President Trump] that says: We have to protect the United States from these individuals coming from these countries, and there's no support for that." </div>

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Resurrecting the Dubious State Secrets Privilege | John Dean | Verdict | Legal Analysis... - 0 views

verdict.justia.com/...ubious-state-secrets-privilege

Dark-State state-secrets government secrecy Restis DoJ Holder

shared by Paul Merrell on 19 Sep 14 - No Cached

In an unusual move, the U.S. Department of Justice has filed a motion to make a private lawsuit simply disappear. While the U.S. Government is not a party to this defamation lawsuit—Victor Restis et al. v. American Coalition Against Nuclear Iran, Inc.—filed July 19, 2013, in the U.S. District Court for the Southern District of New York, Attorney General Eric Holder is concerned that the discovery being undertaken might jeopardize our national security.
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The government’s argument for intervening in this lawsuit is technical and thin.
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The strongest precedent in the government’s brief in the current case is the 1985 case of Fitzgerald v. Penthouse Intern., Ltd. Fitzgerald had sued Penthouse Magazine for an allegedly libelous article, but the U.S. Navy moved to intervene on the ground that the government had a national security interest which would not be adequately protected by the parties, so the government requested the action be dismissed, after invoking the state secrets privilege. The federal district court granted the motions and dismissed the case, which the U.S. Court of Appeals for Fourth Circuit affirmed. So there is precedent for this unusual action by the government in a private lawsuit, but the legitimacy of the state secrets privilege remains subject to question.
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...9 more annotations...
In February 2000, Judith Loether, a daughter of one of the three civilians killed in the 1948 B-29 explosion, discovered the government’s once-secret accident report for the incident on the Internet. Loether had been seven weeks old when her father died but been told by her mother what was known of her father’s death and the unsuccessful efforts to find out what had truly happened. When Loether read the accident report she was stunned. There were no national security secrets whatsoever, rather there was glaringly clear evidence of the government’s negligence resulting in her father’s death. Loether shared this information with the families of the other civilian engineers who had been killed in the incident and they joined together in a legal action to overturn Reynolds, raising the fact that the executive branch of the government had misled the Supreme Court, not to mention the parties to the earlier lawsuit.
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Lou Fisher looked closely at the state secrets privilege in his book In The Name of National Security, as well as in follow-up articles when the Reynolds case was litigated after it was discovered, decades after the fact, that the government had literally defrauded the Supreme Court in Reynolds, e.g., “The State Secrets Privilege: Relying on Reynolds.” The Reynolds ruling emerged from litigation initiated by the widows of three civilian engineers who died in a midair explosion of a B-29 bomber on October 6, 1948. The government refused to provide the widows with the government’s accident report. On March 9, 1953, the Supreme Court created the state secrets privilege when agreeing the accident report did not have to be produced since the government claimed it contained national security secrets. In fact, none of the federal judges in the lower courts, nor the justices on the Supreme Court, were allowed to read the report.
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Lowell states in his letter: “By relying solely upon ex parte submissions to justify its invocation of the state secrets privilege, especially in the unprecedented circumstance of private party litigation without an obvious government interest, the Government has improperly invoked the state secrets privilege, deprived Plaintiffs of the opportunity to test the Government’s claims through the adversarial process, and limited the Court’s opportunity to make an informed judgment. “ Lowell further claims that in “the typical state secrets case, the Government will simultaneously file both a sealed declaration and a detailed public declaration.” (Emphasis in Lowell’s letter.) To bolster this contention, he provided the court with an example, and offered to provide additional examples if so requested.
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The Justice Department’s memorandum of law accompanying its motion to intervene states that once the state secrets privilege has been asserted “by the head of the department with control over the matter in question . . . the scope of judicial review is quite narrow.” Quoting from the U.S. Supreme Court ruling establishing this privilege in 1953, U.S. v. Reynolds, the brief adds: “the sole determination for the court is whether, ‘from all the circumstances of the case . . . there is a reasonable danger that compulsion of the evidence will expose military [or other] matters which, in the interest of national security, should not be divulged.’”In short, all the Justice Department need claim is the magic phrase—”state secrets”—after assuring the court that the head of department or agency involved has personally decided it is information that cannot be released. That ends the matter. This is what has made this privilege so controversial, not to mention dubious. Indeed, invocation by the executive branch effectively removes the question from judicial determination, and the information underlying the decision is not even provided to the court.
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As Fisher and other scholars note, there is much more room under the Reynolds ruling for the court to take a hard look at the evidence when the government claims state secrets than has been common practice. Fisher reminds: “The state secrets privilege is qualified, not absolute. Otherwise there is no adversary process in court, no exercise of judicial independence over what evidence is needed, and no fairness accorded to private litigants who challenge the government . . . . There is no justification in law or history for a court to acquiesce to the accuracy of affidavits, statements, and declarations submitted by the executive branch.” Indeed, he noted to do so is contrary to our constitutional system of checks and balances.
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Time to Reexamine Blind Adherence to the State Secrets PrivilegeIn responding to the government’s move to intervene, invoke state secrets, and dismiss the Restis lawsuit, plaintiffs’ attorney Abbe Lowell sent a letter to Judge Edgardo Ramos, the presiding judge on the case on September 17, 2014, contesting the Department of Justice’s ex parte filings, and requesting that Judge Ramos “order the Government to file a public declaration in support of its filing that will enable Plaintiffs to meaningfully respond.” Lowell also suggested as an alternative that he “presently holds more than sufficient security clearances to be given access to the ex parte submission,” and the court could do here as in other national security cases, and issue a protective order that the information not be shared with anyone. While Lowell does not so state, he is in effect taking on the existing state secrets privilege procedure where only the government knows what is being withheld and why, and he is taking on Reynolds.
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To make a long story short, the Supreme Court was more interested in the finality of their decisions than the fraud that had been perpetrated upon them. They rejected the direct appeal, and efforts to relegate the case through the lower courts failed. As Fisher notes, the Court ruled in Reynolds based on “vapors and allusions,” rather than facts and evidence, and today it is clear that when it uncritically accepted the government’s word, the Court abdicated its duty to protect the ability of each party to present its case fairly, not to mention it left the matter under the control of a “self-interested executive” branch.
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Lowell explains it is not clear—and suggests the government is similarly unclear in having earlier suggested a “law enforcement privilege”—as to why the state secrets privilege is being invoked, and argues this case can be tried without exposing government secrets. Citing the Fitzgerald ruling, Lowell points out dismissal is appropriate “[o]nly when no amount of effort and care on the part of the court and the parties will safeguard privileged material is dismissal warranted.”
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No telling how Judge Ramos will rule, and the government has a remarkable record of prevailing with the deeply flawed state secrets privilege. But Lowell’s letter appears to say, between the lines, that he has a client who is prepared to test this dubious privilege and the government’s use of it in this case if Judge Ramos dismisses this lawsuit. The U.S. Court of Appeals for the Second Circuit, where that ruling would be reviewed, sees itself every bit the intellectual equal of the U.S. Supreme Court and it is uniquely qualified to give this dubious privilege and the Reynolds holding a reexamination. It is long past time this be done.
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Paul Merrell on 19 Sep 14

Interesting take on the Restis case by former Nixon White House Counsel John Dean. Where the State Secrets Privilege is at its very nastiest, in my opinion, is in criminal prosecutions where the government withholds potentially exculpatory evidence on grounds of state secrecy. I think the courts have been far too lenient in allowing people to be tried without production of such evidence. The work-around in the Guantanamo Bay inmate cases has been to appoint counsel who have security clearances, but in those cases the lawyer is forbidden from discussing the classified information with the client, who could have valuable input if advised what the evidence is. It's also incredibly unfair in the extraordinary rendition cases, where the courts have let the government get away with having the cases dismissed on state secrecy grounds, even though the tortures have been the victim of criminal official misconduct. It forces the victims to appeal clear to the Supreme Court before they can start over in an international court with jurisdiction over human rights violations, where the government loses because of its refusal to produce the evidence. (Under the relevant treaties that the U.S. is a party to, the U.S. is required to provide a judicial remedy without resort to claims of national security secrecy.) Then the U.S. refuses to pay the judgments of the International courts, placing the U.S. in double breach of its treaty obligations. We see the same kinds of outrageous secrecy playing out in the Senate Intellience Committee's report on CIA torture, where the Obama Administration is using state secrecy claims to delay release of the report summary and minimize what is in it. It's highly unlikely that I will live long enough to read the full report. And that just is not democracy in action. Down with the Dark State!

<div class="cArrow"> </div><div class="cContentInner">Interesting take on the Restis case by former Nixon White House Counsel John Dean. Where the State Secrets Privilege is at its very nastiest, in my opinion, is in criminal prosecutions where the government withholds potentially exculpatory evidence on grounds of state secrecy. I think the courts have been far too lenient in allowing people to be tried without production of such evidence. The work-around in the Guantanamo Bay inmate cases has been to appoint counsel who have security clearances, but in those cases the lawyer is forbidden from discussing the classified information with the client, who could have valuable input if advised what the evidence is. It's also incredibly unfair in the extraordinary rendition cases, where the courts have let the government get away with having the cases dismissed on state secrecy grounds, even though the tortures have been the victim of criminal official misconduct. It forces the victims to appeal clear to the Supreme Court before they can start over in an international court with jurisdiction over human rights violations, where the government loses because of its refusal to produce the evidence. (Under the relevant treaties that the U.S. is a party to, the U.S. is required to provide a judicial remedy without resort to claims of national security secrecy.) Then the U.S. refuses to pay the judgments of the International courts, placing the U.S. in double breach of its treaty obligations. We see the same kinds of outrageous secrecy playing out in the Senate Intellience Committee's report on CIA torture, where the Obama Administration is using state secrecy claims to delay release of the report summary and minimize what is in it. It's highly unlikely that I will live long enough to read the full report. And that just is not democracy in action. Down with the Dark State! </div>

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75 Economic Numbers From 2012 That Are Almost Too Crazy To Believe - 0 views

theeconomiccollapseblog.com/...re-almost-too-crazy-to-believe

economic-collapse Obammunism Obamanomics

shared by Gary Edwards on 13 Jan 13 - No Cached

Gary Edwards on 13 Jan 13

Thanks to Marbux we have this extraordinary collection of facts and figures describing the economic catastrophe that has hit the USA. excerpt: "What a year 2012 has been! The mainstream media continues to tell us what a "great job" the Obama administration and the Federal Reserve are doing of managing the economy, but meanwhile things just continue to get even worse for the poor and the middle class. It is imperative that we educate the American people about the true condition of our economy and about why all of this is happening. If nothing is done, our debt problems will continue to get worse, millions of jobs will continue to leave the country, small businesses will continue to be suffocated, the middle class will continue to collapse, and poverty in the United States will continue to explode. Just "tweaking" things slightly is not going to fix our economy. We need a fundamental change in direction. Right now we are living in a bubble of debt-fueled false prosperity that allows us to continue to consume far more wealth than we produce, but when that bubble bursts we are going to experience the most painful economic "adjustment" that America has ever gone through. We need to be able to explain to our fellow Americans what is coming, why it is coming and what needs to be done. Hopefully the crazy economic numbers that I have included in this article will be shocking enough to wake some people up. The end of the year is a time when people tend to gather with family and friends more than they do during the rest of the year. Hopefully many of you will use the list below as a tool to help start some conversations about the coming economic collapse with your loved ones. Sadly, most Americans still tend to doubt that we are heading into economic oblivion. So if you have someone among your family and friends that believes that everything is going to be "just fine", just show them these numbers. They are a good summary of the problems that the U

<div class="cArrow"> </div><div class="cContentInner">Thanks to Marbux we have this extraordinary collection of facts and figures describing the economic catastrophe that has hit the USA. excerpt: "What a year 2012 has been! The mainstream media continues to tell us what a "great job" the Obama administration and the Federal Reserve are doing of managing the economy, but meanwhile things just continue to get even worse for the poor and the middle class. It is imperative that we educate the American people about the true condition of our economy and about why all of this is happening. If nothing is done, our debt problems will continue to get worse, millions of jobs will continue to leave the country, small businesses will continue to be suffocated, the middle class will continue to collapse, and poverty in the United States will continue to explode. Just "tweaking" things slightly is not going to fix our economy. We need a fundamental change in direction. Right now we are living in a bubble of debt-fueled false prosperity that allows us to continue to consume far more wealth than we produce, but when that bubble bursts we are going to experience the most painful economic "adjustment" that America has ever gone through. We need to be able to explain to our fellow Americans what is coming, why it is coming and what needs to be done. Hopefully the crazy economic numbers that I have included in this article will be shocking enough to wake some people up. The end of the year is a time when people tend to gather with family and friends more than they do during the rest of the year. Hopefully many of you will use the list below as a tool to help start some conversations about the coming economic collapse with your loved ones. Sadly, most Americans still tend to doubt that we are heading into economic oblivion. So if you have someone among your family and friends that believes that everything is going to be "just fine", just show them these numbers. They are a good summary of the problems that the U</div>

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How Much Does Mental Health Disability Pay In 2023 - 0 views

www.clausonlaw.com/...-health-disability-pay-in-2023

Social Security Disability Lawyers SSD Social Security attorneys

shared by clausonlaw22 on 31 Mar 23 - No Cached

clausonlaw22 on 31 Mar 23

How Much Does Mental Health Disability Pay In 2023 Social Security Disability Insurance (SSDI or SSD) is the sole source of income for millions of Americans who are unable to work due to a non-work-related injury or illness. SSDI benefits are available only to workers and former workers with a substantial employment history. Both physical and mental disabilities are covered under the Social Security Act. While SSDI pays the same benefits for qualifying mental impairments as it does for physical impairments, the amount each individual receives in benefits depends on their history of earnings. This blog post will explain how Social Security defines qualifying disabilities, including mental impairments, and determines each individual's benefit payment. At The Clauson Law Firm, we know how important it is for every disability applicant and benefit recipient to understand how their benefits are arrived at, what affects their continued benefits, and how their benefits can change over time. Contact Clauson Law today if you have questions about qualifying for SSDI benefits or need help filing a claim or appealing a denial. We've helped thousands of disabled people across the U.S. with their disability claims. Mental Impairments And Social Security Disability More than 40% of SSD cases in the United States have some mental health or intellectual impairment as a component in the claim. Mental health impairments can result from an almost unlimited array of circumstances, including traumatic stress; depression; genetic predisposition to depression, bipolar disorder, or schizophrenia; or traumatic brain injury (TBI); one of the many forms of dementia; and others. The ways in which mental impairments affect the person suffering can often interfere with their ability to perform work on a regular basis. These are discussed in detail in the section "Common Mental Disabilities that May Qualify for SSDI" below. But first, let's look at how you qualify for SSD benefits and how you

<div class="cArrow"> </div><div class="cContentInner">How Much Does Mental Health Disability Pay In 2023 Social Security Disability Insurance (SSDI or SSD) is the sole source of income for millions of Americans who are unable to work due to a non-work-related injury or illness. SSDI benefits are available only to workers and former workers with a substantial employment history. Both physical and mental disabilities are covered under the Social Security Act. While SSDI pays the same benefits for qualifying mental impairments as it does for physical impairments, the amount each individual receives in benefits depends on their history of earnings. This blog post will explain how Social Security defines qualifying disabilities, including mental impairments, and determines each individual's benefit payment. At The Clauson Law Firm, we know how important it is for every disability applicant and benefit recipient to understand how their benefits are arrived at, what affects their continued benefits, and how their benefits can change over time. Contact Clauson Law today if you have questions about qualifying for SSDI benefits or need help filing a claim or appealing a denial. We've helped thousands of disabled people across the U.S. with their disability claims. Mental Impairments And Social Security Disability More than 40% of SSD cases in the United States have some mental health or intellectual impairment as a component in the claim. Mental health impairments can result from an almost unlimited array of circumstances, including traumatic stress; depression; genetic predisposition to depression, bipolar disorder, or schizophrenia; or traumatic brain injury (TBI); one of the many forms of dementia; and others. The ways in which mental impairments affect the person suffering can often interfere with their ability to perform work on a regular basis. These are discussed in detail in the section "Common Mental Disabilities that May Qualify for SSDI" below. But first, let's look at how you qualify for SSD benefits and how you</div>

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clausonlaw22 on 31 Mar 23

How Much Does Mental Health Disability Pay In 2023

<div class="cArrow"> </div><div class="cContentInner">How Much Does Mental Health Disability Pay In 2023</div>

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James Madison and the States Natural Right of Nullification ; Publius-Huldah's Blog - 0 views

publiushuldah.wordpress.com

Publius-Huldah USA-Constitution Nullification States-Rights tenth-amendment

shared by Gary Edwards on 01 Feb 13 - No Cached

What are the Two Conditions Precedent for Nullification?
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The act of the federal government must be unconstitutional –  usually a usurpation of a power not delegated to the federal government in the Constitution; and
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The act must be something The States or The People can “nullify”- i.e., refuse to obey:  the act must order them to do something or not do something.
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...38 more annotations...
If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard [the Constitution] they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify.”
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When the act of the federal government is unconstitutional and orders The States or The People to do – or not do – something, nullification is the proper form of interposition.
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When the act of the federal government is unconstitutional, but doesn’t order The States or The People to do – or not do – something (the alien & sedition acts), nullification is not possible. The States may interpose by objecting, as in The Virginia & Kentucky Resolutions of 1798.
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When the act of the federal government is constitutional, but unjust (the Tariff Act of 1828), the States may not nullify it; but may interpose by objecting and trying to get the Tariff Act changed.
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Our Founding Principles in a Nutshell
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Rights come from God;
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People create governments;
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The purpose of government is to secure the rights God gave us; and
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When a government We created seeks to take away our God given rights, We have the Right – We have the Duty – to alter, abolish, or throw off such government.
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The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.
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It is to secure our rights to life and liberty by:
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These enumerated powers concern: Military defense, international commerce & relations; Control of immigration and naturalization of new citizens; Creation of a uniform commercial system: Weights & measures, patents & copyrights, money based on gold & silver, bankruptcy laws, mail delivery & some road building; and With some of the Amendments, protect certain civil rights and voting rights (for blacks, women, citizens who don’t pay taxes, and citizens 18 years and older).
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It is only with respect to the enumerated powers that the federal government has lawful authority over the Country at large. All other powers are “reserved to the several States” and The People.
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The powers reserved to the several States will extend to all the objects which … concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.”
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Military defense (Art. I, Sec. 8, cl. 11-16); Laws against piracy and other felonies committed on the high seas (Art. I, Sec. 8, cl. 10); Protecting us from invasion (Art IV, Sec. 4); Prosecuting traitors (Art III, Sec. 3); and Restrictive immigration policies (Art. I, Sec. 9, cl. 1).
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It is to secure our property rights by:
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Regulating trade & commerce so we can produce, sell & prosper (Art. I, Sec. 8, cl.3). The original intent of the interstate commerce clause is to prohibit States from levying tolls & taxes on articles of commerce as they are transported thru the States for buying & selling. Establishing uniform weights & measures and a money system based on gold & silver (Art I, Sec. 8, cl. 5) – inflation via paper currency & fractional reserve lending is theft! Punishing counterfeiters (Art I, Sec. 8, cl. 6); Making bankruptcy laws to permit the orderly dissolution or reorganization of debtors’ estates with fair treatment of creditors (Art I, Sec 8, cl. 4); and Issuing patents & copyrights to protect ownership of intellectual labors (Art I, Sec 8, cl 8)
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Madison answers the objection “that the judicial authority is to be regarded as the sole expositor of the Constitution, in the last resort”.
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Laws against slavery (13th Amendment); Providing fair trials in federal courts (4th, 5th, 6th, 7th, and 8th Amendments); and          Obeying the Constitution!
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The fourth Founding Principle in our Declaration is this: When government takes away our God given rights, We have the Right & the Duty to alter, abolish, or throw off such government. Nullification is thus a natural right of self-defense:
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1. As we have just seen, Jefferson, Madison, and Hamilton saw nullification of unconstitutional acts of the federal government as a “natural right” – not a “constitutional right”. And since Rights come from God, there is no such thing as a “constitutional right”!
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2. The Right of Nullification, transcending as it does, the Constitution; and being nowhere prohibited by the Constitution to the States, is a reserved power.
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The 10th Amendment says: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
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Madison’s Report on the Virginia Resolutions (1799-1800)
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Now! Note Well:  Madison actually says, in the same Report Barnett cites, that it is “a plain principle, founded in common sense” that The States are the final authority on whether the federal government has violated our Constitution! Under his discussion of the 3rd Resolution, Madison says:
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“It appears to your committee to be a plain principle, founded in common sense, illustrated by common practice, and essential to the nature of compacts; that where resort can be had to no tribunal superior to the authority of the parties, the parties themselves must be the rightful judges in the last resort, whether the bargain made, has been pursued or violated. The Constitution of the United States was formed by the sanction of the States, given by each in its sovereign capacity. It adds to the stability and dignity, as well as to the authority of the Constitution, that it rests on this legitimate and solid foundation. The States then being the parties to the constitutional compact, and in their sovereign capacity, it follows of necessity, that there can be no tribunal above their authority, to decide in the last resort, whether the compact made by them be violated; and consequently that as the parties to it, they must themselves decide in the last resort, such questions as may be of sufficient magnitude to require their interposition.” [emphasis mine]
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Madison explains that if, when the federal government usurps power, the States cannot act so as to stop the usurpation, and thereby preserve the Constitution as well as the safety of The States; there would be no relief from usurped power. 
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This would subvert the Rights of the People as well as betray the fundamental principle of our Founding:
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…If the deliberate exercise, of dangerous power, palpably withheld by the Constitution, could not justify the parties to it, in interposing even so far as to arrest the progress of the evil, and thereby to preserve the Constitution itself as well as to provide for the safety of the parties to it; there would be an end to all relief from usurped power, and a direct subversion of the rights specified or recognized under all the State constitutions, as well as a plain denial of the fundamental principle on which our independence itself was declared.” [emphasis mine]
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It is to secure our right to liberty by:
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Madison explains that when the federal government acts outside the Constitution by usurping powers, and when the Constitution affords no remedy to that usurpation; then the Sovereign States who are the Parties to the Constitution must likewise step outside the Constitution and appeal to that original natural right of self-defense.
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Madison goes on to say that all three Branches of the federal government obtain their delegated powers from the Constitution; and they may not annul the authority of their Creator.
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but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non foederis,) to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them…” [boldface mine]
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Application Today
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When WE THE PEOPLE ratified our Constitution, and thereby created the federal government, WE did not delegate to our “creature” power to control our medical care, restrict guns and ammunition, dictate what is done in the public schools, dictate how we use our lands, and all the thousands of things they do WE never gave them authority in our Constitution to do.
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Accordingly, each State has a natural right to nullify these unconstitutional dictates within its borders.  These dictates are outside the compact The Sovereign States made with each other –WE never gave our “creature” power over these objects.
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To sum this up:
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Nullification is a natural right of self-defense. Rights don’t come from the Constitution. Like all Rights, the right of self-defense comes from God (The Declaration of Independence, 2nd para). Nullification is a reserved power within the meaning of the 10th Amendment. The Constitution doesn’t prohibit States from nullifying, and We reserved the power to do it. God requires us to disobey civil authorities when they violate God’s Law. That’s why the 2nd para of the Declaration of Independence says we have the duty to overthrow tyrannical government. See: The Biblical Foundation of our Constitution. Nullification is required by Oath of Office:  Article VI, cl. 3 requires all State officers and judges to “support” the federal Constitution. Therefore, when the federal government violates the Constitution, the States must smack them down.
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Gary Edwards on 01 Feb 13

Incredible and passionate argument concerning the States natural God given right to nullify and render unenforceable un-Constitutional actions of the Federal Government. As "creators" of the Federal Government, the States are obligated to nullify un-Constitutional actions and interpose Constitutional alternatives. Huldah sites Jefferson, Madison and Hamilton as the primary Constitutional authorities for her rock solid argument. If ever you want to learn about the Constitution, Publius Huldah is clearly the place to go.

<div class="cArrow"> </div><div class="cContentInner">Incredible and passionate argument concerning the States natural God given right to nullify and render unenforceable un-Constitutional actions of the Federal Government. As "creators" of the Federal Government, the States are obligated to nullify un-Constitutional actions and interpose Constitutional alternatives. Huldah sites Jefferson, Madison and Hamilton as the primary Constitutional authorities for her rock solid argument. If ever you want to learn about the Constitution, Publius Huldah is clearly the place to go. </div>

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BDS SOUTH AFRICA: ISRAEL INCHES CLOSER TO 'TIPPING POINT' OF SOUTH AFRICA-STYLE BOYCOTT... - 0 views

www.bdssouthafrica.com/...s-closer-to-tipping-point.html

war & peace Israel Palestine BDS negotiations Kerry pipelinestan

shared by Paul Merrell on 25 Dec 13 - No Cached

Analogies with apartheid regime in the wake of Mandela’s death could accelerate efforts to ostracize Israel. This has happened in recent days: The Dutch water company Vitens severed its ties with Israeli counterpart Mekorot; Canada’s largest Protestant church decided to boycott three Israeli companies; the Romanian government refused to send any more construction workers; and American Studies Association academics are voting on a measure to sever links with Israeli universities. Coming so shortly after the Israeli government effectively succumbed to a boycott of settlements in order to be eligible for the EU’s Horizon 2020 scientific cooperation agreement, it is hard to avoid the conclusion that the BDS (Boycott, Divestment and Sanctions) movement is picking up speed. And the writing on the wall, if anyone missed it, only got clearer and sharper in the wake of the death of Nelson Mandela.
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When the United Nations passed its first non-binding resolution calling for a boycott of South Africa in 1962, it was staunchly opposed by a bloc of Western countries, led by Britain and the United States. But the grassroots campaign that had started with academic boycotts in the late 1950s gradually moved on to sports and entertainment and went on from there to institutional boycotts and divestment. Along the way, the anti-apartheid movement swept up larger and larger swaths of Western public opinion, eventually forcing even the most reluctant of governments, including Israel and the U.S., to join the international sanctions regime. 
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We’re really great at knowing where thresholds are after we fall off the cliff, but that’s not very helpful,” as lake ecologist and “tipping point” researcher Stephen Carpenter told USA today in 2009.  Israel could very well be approaching such a threshold. Among the many developments that could be creating the required critical mass one can cite the passage of time since the Twin Towers attacks in September 2001, which placed Israel in the same camp as the U.S. and the West in the War on Terror; Israel’s isolation in the campaign against Iran’s nuclear programs; the disappearance of repelling archenemies such as Osama bin Laden, Muammar Gadhafi, Mahmoud Ahmadinejad and, to a lesser degree, Yasser Arafat; the relative security and lack of terror inside Israel coupled with its own persistent settlement drive; and the negative publicity generated by revelations of racism in Israeli society, the image of its rulers as increasingly rigid and right wing and the government’s own confrontations with illegal African immigrants and Israeli Bedouin, widely perceived as being tinged with bias and prejudice.  In recent days, American statesmen seem to be more alarmed about the looming danger of delegitimization than Israelis are. In remarks to both the Saban Forum and the American Joint Distribution Committee this week, Secretary of State John Kerry described delegitimization as “an existential danger." Vice President Joe Biden, speaking to the same JDC forum, went one step further: “The wholesale effort to delegitimize Israel is the most concentrated that I have seen in the 40 years I have served. It is the most serious threat in my view to Israel’s long-term security and viability.” 
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One must always take into account the possibility of unforeseen developments that will turn things completely around. Barring that, the only thing that may be keeping Israel from crossing the threshold and “going over the cliff” in the international arena is Kerry’s much-maligned peace process, which is holding public opinion and foreign governments at bay and preventing a “tipping point” that would dramatically escalate the anti-Israeli boycott campaign.  Which only strengthens Jeffrey Goldberg’s argument in a Bloomberg article on Wednesday that Kerry is “Israel’s best friend." It also highlights, once again, how narrow-minded, shortsighted and dangerously delusional Kerry’s critics, peace process opponents and settlement champions really are (though you can rest assured that if and when the peace process collapses and Israel is plunged into South African isolation, they will be pointing their fingers in every direction but themselves.
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Paul Merrell on 25 Dec 13

Note that this article's original is behind a paywall in Haaretz, one of Israel's market-leading newspapers. There can be no questioning of the facts that: [i] the Palestinian Boycott, Divesment, and Sanctions ("BDS") movement is rapidly gaining strength globally; and [ii] that factor weighs heavily in the negotiations between Israel and Palestine for a two-state solution. Although not bluntly stated, the BSD movement's path runs directly to a single-state solution that would sweep Israel's present right-wing government from power and result in a secular state rather than a "Jewish state." And the E.U., Israel's largest export market, has promised to go even farther in sanctioning Israel than the considerable distance it has already gone if the negotiations do not result in a two state solution. Labeling all products produced wholly or in part in Israel-occupied Palestine territory is among the mildest of sanctions under discussion, a measure already adopted in two E.U. nations. The BSD Movement's success has also been marked by Israel attaining the pariah state status previously experienced by South Africa. Only the U.S., Canada, and a half-dozen or so tiny island nations closely aligned with the U.S. still vote in favor of Israel at the U.N. For example, the vote on granting Palestine U.N. observer state status was 138-9, with 41 abstentions. The prospect of an end to the non-secular Jewish state has enormous ramifications for U.S. foreign policy, not the least of which is the influence of the Israel lobby in the U.S. that has thus far led the U.S. to three Treasury-draining wars in Southwest Asia and Northern Africa and host of minor military actions in other area nations, as well as a near-war in Syria, averted mainly via Russian diplomacy that outfoxed Secretary of State John Kerry. Time will tell whether the diplomatic outreach by Iran will succeed in averting war with the greatest military power remaining in the Mideast after Israel itself. "Protectin

<div class="cArrow"> </div><div class="cContentInner">Note that this article's original is behind a paywall in Haaretz, one of Israel's market-leading newspapers. There can be no questioning of the facts that: [i] the Palestinian Boycott, Divesment, and Sanctions ("BDS") movement is rapidly gaining strength globally; and [ii] that factor weighs heavily in the negotiations between Israel and Palestine for a two-state solution. Although not bluntly stated, the BSD movement's path runs directly to a single-state solution that would sweep Israel's present right-wing government from power and result in a secular state rather than a "Jewish state." And the E.U., Israel's largest export market, has promised to go even farther in sanctioning Israel than the considerable distance it has already gone if the negotiations do not result in a two state solution. Labeling all products produced wholly or in part in Israel-occupied Palestine territory is among the mildest of sanctions under discussion, a measure already adopted in two E.U. nations. The BSD Movement's success has also been marked by Israel attaining the pariah state status previously experienced by South Africa. Only the U.S., Canada, and a half-dozen or so tiny island nations closely aligned with the U.S. still vote in favor of Israel at the U.N. For example, the vote on granting Palestine U.N. observer state status was 138-9, with 41 abstentions. The prospect of an end to the non-secular Jewish state has enormous ramifications for U.S. foreign policy, not the least of which is the influence of the Israel lobby in the U.S. that has thus far led the U.S. to three Treasury-draining wars in Southwest Asia and Northern Africa and host of minor military actions in other area nations, as well as a near-war in Syria, averted mainly via Russian diplomacy that outfoxed Secretary of State John Kerry. Time will tell whether the diplomatic outreach by Iran will succeed in averting war with the greatest military power remaining in the Mideast after Israel itself. "Protectin</div>

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Netanyahu Has Never Actually Supported a Palestinian State, Despite What He Told Obama - 0 views

theintercept.com/...ate-despite-what-he-told-obama

war & peace Israel Palestine 2-state-solution Netanyahu

shared by Paul Merrell on 13 Nov 15 - No Cached

IN A MEETING with President Obama today, Benjamin Netanyahu went through the familiar motions of expressing rhetorical support for a two-state solution to the Israel-Palestine conflict. Stating, “I remain committed to a vision of peace of two states for two peoples,” Netanyahu said that he wanted “make it clear that we have not given up our hope,” for achieving a two-state solution to the conflict. Just a day before this statement, however, the Israeli government took steps to ensure such a vision could never become reality, moving to authorize the construction of an additional 2,200 housing units in the occupied territories in the face of Palestinian opposition. The reason behind this apparent discrepancy between word and deed is that Netanyahu does not, and has essentially never, supported the creation of an actual Palestinian state. Last year, during the Israeli election, Netanyahu briefly acknowledged this fact himself, explicitly stating to voters that there would not be a Palestinian state during his tenure as prime minister if he was reelected. Despite this, the convenient fiction that the Israeli prime minister supports a “two-state solution” continues to linger in the United States. Why?
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In 2009, however, that began to change. In June of that year, newly elected President Barack Obama, who had made rebuilding ties with the Muslim world a part of his foreign policy platform, gave a landmark speech in Cairo in which he said the United States “does not accept the legitimacy of continued Israeli settlements,” going on to describe them as contrary to previous agreements and an impediment to peace in the region. Israeli media would report at the time that Obama’s words “resonated through Jerusalem’s corridors.” In seeming recognition of shifting American sentiments on this issue, 10 days later Netanyahu gave what was billed as a landmark speech at Bar-Ilan University near Tel-Aviv, dealing in part with the subject of Palestinian statehood. In his address, hailed by the White House as an “important step forward,” Netanyahu endorsed for the first time the creation of what he called “a demilitarized Palestinian state” in the occupied territories. But the same speech added stipulations that, in sum, turned this so-called state into a rebranded version of Netanyahu’s 2000 “Palestinian entity,” with only limited autonomy. In private, just three months before the speech, Netanyahu was even more blunt about the limits he required for a more independent Palestinian territory, stipulating he could only support one “without an army or control over air space and borders,” according to diplomatic cables later released by WikiLeaks.
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In a speech two years later to Congress, Netanyahu would go into more detail about the ridiculous conception of Palestinian “statehood” he was imagining, one in which the West Bank would be essentially bifurcated by massive Israeli settlement blocs, the prospective Palestinian capital of East Jerusalem would be surrounded by settlements, and the Israeli Defense Forces would continue to have “a long-term military presence” inside the newly independent “state.” Needless to say, such a proposal was unlikely ever to be accepted by the Palestinians, nor did it bear much resemblance to the independent statehood they had actually been seeking. Netanyahu let the mask drop even further in July 2014, when he stated in a press conference that “there cannot be a situation, under any agreement, in which we relinquish security control of the territory west of the River Jordan,” essentially outlining a position of permanent military occupation of Palestinian territories. In the run-up to the 2015 election, when he publicly disowned the idea of Palestinian statehood, Netanyahu would specifically repudiate his 2009 Bar-Ilan speech, stating that “there will be no withdrawals and no concessions,” and that the speech was “not relevant.” As recently as last week, Netanyahu told the Knesset Foreign Affairs and Defense Committee that “we need to control all of the territory for the foreseeable future,” before adding darkly that Israel “will forever live by the sword.”
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In light of all this, it’s difficult to take seriously Netanyahu’s most recent claim that he supports the creation of a Palestinian state. At best, he has in the past expressed support for a Palestinian “entity” with some features of self-governance (an idea that has well-known historical precedents), but certainly not one that affords genuine independence, freedom or statehood to its inhabitants. At his most brazen, he has denied the possibility of even that limited form of self-determination, stating bluntly that Israel will control the entire West Bank and keep its inhabitants under indefinite military subjugation. Netanyahu has nonetheless been allowed to maintain a convenient fiction that he supports the negotiated goal of Palestinian self-determination. In reality, he has never really supported it. Thanks in large part to Netanyahu’s leadership, a Palestinian state will likely never emerge. Due to his own obstinance, as well as American indulgence, a binational state or a formalized Apartheid regime have now become the most probable remaining outcomes to this disastrous, decades-long conflict.
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Paul Merrell on 13 Nov 15

Negotiation of a "2-state solution" for Israel and Palestine has never been anything more than an excuse for continuing the status quo, with Israel dominating both territories in an apartheid state. The 2-state solution, moreover, denies all residents of the former British Mandate Territory of Palestine (including present day Israel) of their fundamental right to self-determination of their form of government established by the U.N. Charter. And the notion of a 2-state solution with territorial swaps ignores the right of Arab residents of the Mandate Territory to return to their homes at the close of hostilities, a right specifically forbidden from being negotiable by Israel and the Palestinian authority; it is an individual right that governments cannot lawfully barter away. I'm glad to see The Intercept taking a no holds barred, speak-truth-to-power approach to the Israel-Palestine question.

<div class="cArrow"> </div><div class="cContentInner">Negotiation of a "2-state solution" for Israel and Palestine has never been anything more than an excuse for continuing the status quo, with Israel dominating both territories in an apartheid state. The 2-state solution, moreover, denies all residents of the former British Mandate Territory of Palestine (including present day Israel) of their fundamental right to self-determination of their form of government established by the U.N. Charter. And the notion of a 2-state solution with territorial swaps ignores the right of Arab residents of the Mandate Territory to return to their homes at the close of hostilities, a right specifically forbidden from being negotiable by Israel and the Palestinian authority; it is an individual right that governments cannot lawfully barter away. I'm glad to see The Intercept taking a no holds barred, speak-truth-to-power approach to the Israel-Palestine question. </div>

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Sandy Hook and Obama's Connecticut Social Security number | Fellowship of the Minds - 1 views

fellowshipoftheminds.com/...ecticut-social-security-number

Obama-Birth-Certificate

shared by Gary Edwards on 28 Dec 14 - No Cached

In May 2011, blogger The Obama Hustle conducted a database pull for SSN 042-68-4425 and got the names of Harrison J. Bounel and Barack Obama (see below), indicating that one SSN was being used by both men.
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Gary Edwards on 28 Dec 14

"Sandy Hook and Obama's Connecticut Social Security number Posted on December 27, 2014 by Dr. Eowyn | 18 Comments One of the many curiosities about the sitting President of the United States is the fact that, unlike us, he has not one, but multiple Social Security numbers (SSN). In 2010, two licensed private investigators, Susan Daniels and Neal Sankey, found that multiple SS numbers are associated with Barack Obama's name. Daniels and Sankey put their findings in sworn affidavits. Dr. Orly Taitz further verified their information with a third source, a retired Department of Homeland Security senior investigator named John Sampson. In May 2010, the mystery deepened when it was determined that the SSN Obama is currently using (042-68-4425) has a Connecticut prefix, 042, but Obama had never lived in nor had associations with the state of Connecticut. Obama has been using that 042 SS number since 1979 when he was 18 years old. In an article for Western Journalism, Stephen Baldwin writes: All told, there are 49 addresses and 16 different Social Security numbers listed for a person whose name is spelled "Barack Obama." […] the one Social Security number Obama most frequently used, the one beginning with 042, is a number issued in Connecticut sometime during 1976-1977, yet there is no record of Obama ever living or working in Connecticut. Indeed, during this time period Obama would have been 15-16 years old and living in Hawaii at the time. In late February 2011, the mystery further deepened when retired US Air Force Col. Gregory Hollister, the litigant in an Obama eligibility lawsuit, conducted a search for Obama's Connecticut SSN in the Social Security Number Verification System used by small businesses to verify employment eligibility. The results came back as: Failed: SSN not in file (never issued) To the question of why Obama obtained a Connecticut-issued SSN instead of one by Hawaii, Joel Gilbert, maker of the documentary Dreams from

<div class="cArrow"> </div><div class="cContentInner">"Sandy Hook and Obama's Connecticut Social Security number Posted on December 27, 2014 by Dr. Eowyn | 18 Comments One of the many curiosities about the sitting President of the United States is the fact that, unlike us, he has not one, but multiple Social Security numbers (SSN). In 2010, two licensed private investigators, Susan Daniels and Neal Sankey, found that multiple SS numbers are associated with Barack Obama's name. Daniels and Sankey put their findings in sworn affidavits. Dr. Orly Taitz further verified their information with a third source, a retired Department of Homeland Security senior investigator named John Sampson. In May 2010, the mystery deepened when it was determined that the SSN Obama is currently using (042-68-4425) has a Connecticut prefix, 042, but Obama had never lived in nor had associations with the state of Connecticut. Obama has been using that 042 SS number since 1979 when he was 18 years old. In an article for Western Journalism, Stephen Baldwin writes: All told, there are 49 addresses and 16 different Social Security numbers listed for a person whose name is spelled "Barack Obama." […] the one Social Security number Obama most frequently used, the one beginning with 042, is a number issued in Connecticut sometime during 1976-1977, yet there is no record of Obama ever living or working in Connecticut. Indeed, during this time period Obama would have been 15-16 years old and living in Hawaii at the time. In late February 2011, the mystery further deepened when retired US Air Force Col. Gregory Hollister, the litigant in an Obama eligibility lawsuit, conducted a search for Obama's Connecticut SSN in the Social Security Number Verification System used by small businesses to verify employment eligibility. The results came back as: Failed: SSN not in file (never issued) To the question of why Obama obtained a Connecticut-issued SSN instead of one by Hawaii, Joel Gilbert, maker of the documentary Dreams from </div>

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New regs say passengers cannot fly without biometric ID card - Police State USA - 0 views

www.policestateusa.com/...tsa-to-require-real-id

surveillance state national-id-cards biomettric-ID flying trains politics of fear

shared by Paul Merrell on 02 Feb 15 - No Cached

The ability to travel in the United States is about to become more restrictive as the TSA announces it will soon be enforcing new identification standards in American airports. Beginning in 2016, passengers attempting to pass through a federal TSA checkpoint will be subject to the requirements of the REAL ID Act. To that end, the TSA will put higher scrutiny on travelers’ identities, and will only accept a federal passport or a “REAL-ID” card, which is issued by the states to meet federal requirements. Passengers will not be allowed to fly through an American airport without submitting to the advanced federal specifications. Both federal passports and REAL-ID cards require a number of unique personal identifiers to be stored together in government databases, including his or her full name, date of birth, Social Security Number, scanned signature, and other identifiers. Both cards require biometric data: a front-facing digital photograph of the passenger’s face, which is ultimately used with a facial recognition database.
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The enhanced security measures stem from the passage of the REAL ID Act of 2005, a U.S. law enacted by President Bush that states that a Federal agency may not accept state-issued identification cards without complying with a number of enhanced standards of the REAL ID Act. The states were given a number of years to comply, and many moved to pass their own laws to meet the benchmarks of the REAL ID Act. Due to some sluggish response, DHS extended the compliance deadline several times. Unfortunately, most states were all too willing to bend to the requirements of the federal government in order to obtain “state certifications” of compliance. To signify their compliance with the federal standards, many states are now issuing identity cards emblazoned with gold stars in the corner.
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According to the Department of Homeland Security, only Arizona, Idaho, Louisiana, Maine, Minnesota, New Hampshire, New York, and American Samoa have not met REAL ID standards as of January 2015. By DHS estimates, 70%-80% of all U.S. drivers are already carrying around REAL ID cards or live in states that have received extensions for compliance. Some states have even gone as far as to require the applicant to present birth certificates, W-2 tax forms, bank statements, and/or pay stubs to verify one’s identity before handing out the new REAL-ID cards. Some cards have RFID chips embedded in them. Among the 39 benchmarks of the REAL ID Act, state ID cards have to be scannable with a bar code reader, and the states are required to share access to an electronic database with all other states.
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Once DHS begins enforcing the REAL ID standards, Americans without a compliant state ID will be effectively prohibited from flying at a commercial airport. Passengers would need to obtain passports even to fly on planes that never leave the United States.
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a few rose in opposition to REAL ID, including Congressman Ron Paul (R-TX), who was perhaps its most outspoken critic. Dr. Paul, a former presidential candidate, called REAL ID a “Trojan horse” which “transform[s] state drivers licenses into de facto national ID cards.” In an impassioned speech on the House floor on February 9, 2005, Paul laid out a number of specific objections to H.R. 418: The REAL ID Act establishes a national ID card by mandating that states include certain minimum identification standards on driver’s licenses. It contains no limits on the government’s power to impose additional standards. Indeed, it gives authority to the Secretary of Homeland Security to unilaterally add requirements as he sees fit.
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Supporters claim it is not a national ID because it is voluntary. However, any state that opts out will automatically make non-persons out of its citizens. The citizens of that state will be unable to have any dealings with the federal government because their ID will not be accepted. They will not be able to fly or to take a train. In essence, in the eyes of the federal government they will cease to exist. It is absurd to call this voluntary. Republican Party talking points on this bill, which claim that this is not a national ID card, nevertheless endorse the idea that “the federal government should set standards for the issuance of birth certificates and sources of identification such as driver’s licenses.” So they admit that they want a national ID but at the same time pretend that this is not a national ID. This bill establishes a massive, centrally-coordinated database of highly personal information about American citizens: at a minimum their name, date of birth, place of residence, Social Security number, and physical and possibly other characteristics. What is even more disturbing is that, by mandating that states participate in the “Drivers License Agreement,” this bill creates a massive database of sensitive information on American citizens that will be shared with Canada and Mexico!
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This bill could have a chilling effect on the exercise of our constitutionally guaranteed rights. It re-defines “terrorism” in broad new terms that could well include members of firearms rights and anti-abortion groups, or other such groups as determined by whoever is in power at the time. There are no prohibitions against including such information in the database as information about a person’s exercise of First Amendment rights or about a person’s appearance on a registry of firearms owners. REAL ID cards streamline the process for the centralization and federalization of our private biometric data, while offering very little true benefit. In the words of Congressman Ron Paul, the program “offers us a false sense of greater security at the cost of taking a gigantic step toward making America a police state.” Its difficult to argue otherwise when passports may soon be necessary to travel domestically.
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Paul Merrell on 02 Feb 15

This is among the reasons I no longer fly. I refuse to be treated in that distrustful way by my government. Atthough I used to fly several hundred thousands of miles annually, if the airlines want my business, they need to actively and effectively oppose the emergence of the surveillance state. I reject the politics of fear that attempts to justify suppression of liberties. Where I travel is none of the government's business.

<div class="cArrow"> </div><div class="cContentInner">This is among the reasons I no longer fly. I refuse to be treated in that distrustful way by my government. Atthough I used to fly several hundred thousands of miles annually, if the airlines want my business, they need to actively and effectively oppose the emergence of the surveillance state. I reject the politics of fear that attempts to justify suppression of liberties. Where I travel is none of the government's business.</div>

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WA State Bill Proposes Criminalizing Help to NSA, Turning Off Resources to Yakima Facil... - 0 views

blog.tenthamendmentcenter.com/...f-resources-to-yakima-facility

surveillance state NSA NSA-blowback legislation

shared by Paul Merrell on 23 Jan 14 - No Cached

The state level campaign to turn off power and electricity to the NSA got a big boost Wednesday. In a bipartisan effort, Washington became first state with a physical NSA location to consider the Fourth Amendment Protection Act, designed to make life extremely difficult for the massive spy agency. Rep. David Taylor (R-Moxee) and Rep Rep. Luis Moscoso (D- Mountlake Terrace) introduced HB2272 late Tuesday night. Based on model language drafted by the OffNow coalition, it would make it the policy of Washington “to refuse material support, participation, or assistance to any federal agency which claims the power, or with any federal law, rule, regulation, or order which purports to authorize, the collection of electronic data or metadata of any person pursuant to any action not based on a warrant.” Practically speaking, the bill prohibits state and local agencies from providing any material support to the NSA within their jurisdiction. This includes barring government-owned utilities from providing water and electricity. It makes information gathered without a warrant by the NSA and shared with law enforcement inadmissible in state court. It blocks public universities from serving as NSA research facilities or recruiting grounds. And it disincentivizes corporations attempting to fill needs not met in the absence of state cooperation.
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The state level campaign to turn off power and electricity to the NSA got a big boost Wednesday. In a bipartisan effort, Washington became first state with a physical NSA location to consider the Fourth Amendment Protection Act, designed to make life extremely difficult for the massive spy agency. Rep. David Taylor (R-Moxee) and Rep Rep. Luis Moscoso (D- Mountlake Terrace) introduced HB2272 late Tuesday night. Based on model language drafted by the OffNow coalition, it would make it the policy of Washington “to refuse material support, participation, or assistance to any federal agency which claims the power, or with any federal law, rule, regulation, or order which purports to authorize, the collection of electronic data or metadata of any person pursuant to any action not based on a warrant.” Practically speaking, the bill prohibits state and local agencies from providing any material support to the NSA within their jurisdiction. This includes barring government-owned utilities from providing water and electricity. It makes information gathered without a warrant by the NSA and shared with law enforcement inadmissible in state court. It blocks public universities from serving as NSA research facilities or recruiting grounds. And it disincentivizes corporations attempting to fill needs not met in the absence of state cooperation.
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Lawmakers in Oklahoma, California and Indiana have already introduced similar legislation, and a senator in Arizona has committed to running it there, but Washington counts as the first state with an actual NSA facility within its borders to consider the Fourth Amendment Protection Act. The NSA operates a listening center on the Army’s Yakima Training Center (YTC). The NSA facility is in Taylor’s district, and he said he cannot sit idly by while a secretive facility in his own backyard violate the rights of people everywhere. “We’re running the bill to provide protection against the ever increasing surveillance into the daily lives of our citizens,” he said. “Our Founding Fathers established a series of checks and balances in the Constitution. Given the federal government’s utter failure to address the people’s concerns, it’s up to the states to stand for our citizens’ constitutional rights.”
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According to documents made public by the US Military, as of 2008, a company called PacifiCorp serves as the primary supplier of electric power, and Cascade Natural Gas Corporation supplies natural gas to YTC. The Kittitas Public Utility District, a function of the state of Washington, provides electric power for the MPRC and the Doris site, but no documentation has yet proven that it also provides electricity used directly by the NSA facility on site. And while YTC does provide a bulk of its own water, documents also show that some of it gets there by first passing through upstream dams owned and operated by the State. The Army report states, “YTC lies within three WAUs whose boundaries coincide with WRIAs, as defined by the State of Washington natural resource agencies.” WAU’s are Washington State Water Administration Units. WRIAs are Washington State Water Resource Inventory Areas A Washington company also has a strong link to the NSA. Cray Inc. builds supercomputers for the agency.
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If the bill passes, it would set in motion actions to stop any state support of the Yakima center as long as it remains in the state, and could make Cray ineligible for any contracts with the state or its political subdivisions. Three public universities in Washington join 166 schools nationwide partnering with the NSA. Taylor’s bill would address these schools’ status as NSA “Centers of Academic Excellence,” and would bar any new partnerships with other state colleges or universities. Tenth Amendment Center national communications director Mike Maharrey says the bills prohibition against using unconstitutionally gathered data in state court would probably have the most immediate impact. In fact, lawmakers in Kansas and Missouri will consider bills simply addressing this kind of data sharing.
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“We know the NSA shares data with state and local law enforcement. We know from a Reuters report that most of this shared data has absolutely nothing to do with national security issues. This bill would make that information inadmissible in state court,” he said. “This data sharing shoves a dagger into the heart of the Fourth Amendment. This bill would stop that from happening. This is a no-brainer. Every state should do it.” Maharrey said he expects at least three more states to introduce the act within the next few weeks. “This idea is catching fire,” he said. “And why wouldn’t it? We have an out of control agency spying on virtually everybody in the world. We have a president and a Congress that appears poised to maybe put a band aid on it. Americans are realizing if we are going to slow down the NSA, we are going to have to take a different approach. This is it.”
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If GCHQ wants to improve national security it must fix our technology | Technology | th... - 0 views

www.theguardian.com/...q-national-security-technology

surveillance state cyberwar vulnerabilities secure-computing Doctorow

shared by Paul Merrell on 10 Apr 14 - No Cached

In a recent column, security expert Bruce Schneier proposed breaking up the NSA – handing its offensive capabilities work to US Cyber Command and its law enforcement work to the FBI, and terminating its programme of attacking internet security. In place of this, Schneier proposed that “instead of working to deliberately weaken security for everyone, the NSA should work to improve security for everyone.” This is a profoundly good idea for reasons that may not be obvious at first blush.People who worry about security and freedom on the internet have long struggled with the problem of communicating the urgent stakes to the wider public. We speak in jargon that’s a jumble of mixed metaphors – viruses, malware, trojans, zero days, exploits, vulnerabilities, RATs – that are the striated fossil remains of successive efforts to come to grips with the issue. When we do manage to make people alarmed about the stakes, we have very little comfort to offer them, because Internet security isn’t something individuals can solve.
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I remember well the day this all hit home for me. It was nearly exactly a year ago, and I was out on tour with my novel Homeland, which tells the story of a group of young people who come into possession of a large trove of government leaks that detail a series of illegal programmes through which supposedly democratic governments spy on people by compromising their computers.
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I explained the book’s premise, and then talked about how this stuff works in the real world. I laid out a parade of awfuls, including a demonstrated attack that hijacked implanted defibrillators from 10 metres’ distance and caused them to compromise other defibrillators that came into range, implanting an instruction to deliver lethal shocks at a certain time in the future. I talked about Cassidy Wolf, the reigning Miss Teen USA, whose computer had been taken over by a “sextortionist” who captured nude photos of her and then threatened to release them if she didn’t perform live sex shows for him. I talked about the future of self-driving cars, smart buildings, implanted hearing aids and robotic limbs, and explained that the world is made out of computers that we put our bodies into, and that we put inside our bodies.These computers are badly secured. What’s more, governments and their intelligence agencies are actively working to undermine the security of our computers and networks. This was before the Snowden revelations, but we already knew that governments were buying “zero-day vulnerabilities” from security researchers. These are critical bugs that can be leveraged to compromise entire systems. Until recently, the normal response to the discovery of one of these “vulns” was to report them to the vendor so they could be repaired.
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But spy-agencies and law-enforcement have created a bustling marketplace for “zero-days,” which are weaponised for the purpose of attacking the computers and networks of “bad guys”. The incentives have shifted, and now a newly discovered bug had a good chance of remaining unpatched and live in the field because governments wanted to be able to use it to hack their enemies.
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Last year, when I finished that talk in Seattle, a talk about all the ways that insecure computers put us all at risk, a woman in the audience put up her hand and said, “Well, you’ve scared the hell out of me. Now what do I do? How do I make my computers secure?”And I had to answer: “You can’t. No one of us can. I was a systems administrator 15 years ago. That means that I’m barely qualified to plug in a WiFi router today. I can’t make my devices secure and neither can you. Not when our governments are buying up information about flaws in our computers and weaponising them as part of their crime-fighting and anti-terrorism strategies. Not when it is illegal to tell people if there are flaws in their computers, where such a disclosure might compromise someone’s anti-copying strategy.But: If I had just stood here and spent an hour telling you about water-borne parasites; if I had told you about how inadequate water-treatment would put you and everyone you love at risk of horrifying illness and terrible, painful death; if I had explained that our very civilisation was at risk because the intelligence services were pursuing a strategy of keeping information about pathogens secret so they can weaponise them, knowing that no one is working on a cure; you would not ask me ‘How can I purify the water coming out of my tap?’”
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Because when it comes to public health, individual action only gets you so far. It doesn’t matter how good your water is, if your neighbour’s water gives him cholera, there’s a good chance you’ll get cholera, too. And even if you stay healthy, you’re not going to have a very good time of it when everyone else in your country is striken and has taken to their beds.If you discovered that your government was hoarding information about water-borne parasites instead of trying to eradicate them; if you discovered that they were more interested in weaponising typhus than they were in curing it, you would demand that your government treat your water-supply with the gravitas and seriousness that it is due.The public health analogy is suprisingly apt here. The public health threat-model is in a state of continuous flux, because our well-being is under continuous, deliberate attack from pathogens for whom we are, at best, host organisms, and at worst, dinner. Evolution drives these organisms to a continuously shifting array of tactics to slide past our defenses.Public health isn’t just about pathogens, either – its thorniest problems are about human behaviour and social policy. HIV is a blood-borne disease, but disrupting its spread requires changes to our attitudes about sex, pharmaceutical patents, drugs policy and harm minimisation. Almost everything interesting about HIV is too big to fit on a microscope slide.
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And so it is for security: crypto is awesome maths, but it’s just maths. Security requires good password choice, good password management, good laws about compelled crypto disclosure, transparency into corporate security practices, and, of course, an end to the governmental practice of spending $250M/year on anti-security sabotage through the NSA/GCHQ programmes Bullrun and Edgehill.
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But for me, the most important parallel between public health and internet security is their significance to our societal wellbeing. Everything we do today involves the internet. Everything we do tomorrow will require the internet. If you live near a nuclear power plant, fly in airplanes, ride in cars or trains, have an implanted pacemaker, keep money in the bank, or carry a phone, your safety and well-being depend on a robust, evolving, practice of network security.This is the most alarming part of the Snowden revelations: not just that spies are spying on all of us – that they are actively sabotaging all of our technical infrastructure to ensure that they can continue to spy on us.There is no way to weaken security in a way that makes it possible to spy on “bad guys” without making all of us vulnerable to bad guys, too. The goal of national security is totally incompatible with the tactic of weakening the nation’s information security.
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“Virus” has been a term of art in the security world for decades, and with good reason. It’s a term that resonates with people, even people with only a cursory grasp of technology. As we strive to make the public and our elected representatives understand what’s at stake, let’s expand that pathogen/epidemiology metaphor. We’d never allow MI5 to suppress information on curing typhus so they could attack terrorists by infecting them with it. We need to stop allowing the NSA and GCHQ to suppress information on fixing bugs in our computers, phones, cars, houses, planes, and bodies.If GCHQ wants to improve the national security of the United Kingdom – if the NSA want to impove the American national security – they should be fixing our technology, not breaking it. The technology of Britons and Americans is under continuous, deadly attack from criminals, from foreign spies, and from creeps. Our security is better served by armouring us against these threats than it is by undermining security so that cops and spies have an easier time attacking “bad guys.”
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Articles of Impeachment Against Obama - 0 views

blackrepublican.blogspot.com/...an-citizens-file-articles.html

Impeachment articles-of-impeachment

shared by Gary Edwards on 16 Aug 13 - No Cached

Gary Edwards on 16 Aug 13

Sarasota, FL ( August 12, 2013) - The National Black Republican Association (NBRA) based in Sarasota, FL, headed by Chairman Frances Rice, filed Articles of Impeachment against President Barack Obama with the following language. We, black American citizens, in order to free ourselves and our fellow citizens from governmental tyranny, do herewith submit these Articles of Impeachment to Congress for the removal of President Barack H. Obama, aka, Barry Soetoro, from office for his attack on liberty and commission of egregious acts of despotism that constitute high crimes and misdemeanors. On July 4, 1776, the founders of our nation declared their independence from governmental tyranny and reaffirmed their faith in independence with the ratification of the Bill of Rights in 1791. Asserting their right to break free from the tyranny of a nation that denied them the civil liberties that are our birthright, the founders declared: "When a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security." - Declaration of Independence, July 4, 1776. THE IMPEACHMENT POWER Article II, Section IV of the United States Constitution provides: "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors." THE ARTICLES OF IMPEACHMENT In his conduct of the office of President of the United States, Barack H. Obama, aka Barry Soetoro, personally and through his subordinates and agents, in violation or disregard of the constitutional rights of citizens and in violation of his constitutional duty to take care that the laws be faithfully executed, has prevented, obstructed, and impeded the administration of justice, in that: ARTICL

<div class="cArrow"> </div><div class="cContentInner">Sarasota, FL ( August 12, 2013) - The National Black Republican Association (NBRA) based in Sarasota, FL, headed by Chairman Frances Rice, filed Articles of Impeachment against President Barack Obama with the following language. We, black American citizens, in order to free ourselves and our fellow citizens from governmental tyranny, do herewith submit these Articles of Impeachment to Congress for the removal of President Barack H. Obama, aka, Barry Soetoro, from office for his attack on liberty and commission of egregious acts of despotism that constitute high crimes and misdemeanors. On July 4, 1776, the founders of our nation declared their independence from governmental tyranny and reaffirmed their faith in independence with the ratification of the Bill of Rights in 1791. Asserting their right to break free from the tyranny of a nation that denied them the civil liberties that are our birthright, the founders declared: "When a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security." - Declaration of Independence, July 4, 1776. THE IMPEACHMENT POWER Article II, Section IV of the United States Constitution provides: "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors." THE ARTICLES OF IMPEACHMENT In his conduct of the office of President of the United States, Barack H. Obama, aka Barry Soetoro, personally and through his subordinates and agents, in violation or disregard of the constitutional rights of citizens and in violation of his constitutional duty to take care that the laws be faithfully executed, has prevented, obstructed, and impeded the administration of justice, in that: ARTICL</div>

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Benghazi report: Trinkets of treason - 1 views

canadafreepress.com/...54740

Banksters-of-America Saudi-Arabia Saudi-Globalist

shared by Gary Edwards on 28 Apr 13 - No Cached

Gary Edwards on 28 Apr 13

The truth is dribbling out, thn=anks to Douglas J. Hagmann and Canada Free Press ..................... We've been aligned and hostage to the Saudi Royal Family ever since FDR met with King Ibn Saud, Feb 14th, 1945 near the end of WWII. It was at this meeting that FDR promised protection for the Saudi family in exchange for the right to develop Saudi oil and sell that oil exclusively in dollars. Hence the "petro dollar" - backed by Saudi oil instead of GOLD. That agreement, and our subsequent history of our military and state departments acting to further Saudi interests has dominated America. Our troops and military resources ae mercenaries fighting for Saudi dominance of the Globalist ruling elites. Our politicians are bought and paid for by the Saudi Globalist Alliance. They have sold their souls for power and money, with the destruction of the USA Constitution the only thing standing between the Globalist and their quest to rule the world. excerpt: We are witnessing one of the biggest government cover-ups since Watergate. A cover-up that involves murder, arms trafficking, and lies by high ranking officials under oath. It involves the murderous attacks in Benghazi, and congressional investigators just released a 46-page interim progress report that at least exposes Hillary Rodham Clinton and the White House lying under oath. Where's the accountability? Where's the outrage? Where's the media? A 46-page interim progress report of an ongoing investigation across five House Committees by the U.S. House of Representatives was released on Tuesday, April 23, 2013. The executive summary states that former Secretary of State Hillary Rodham Clinton signed off on a reduction of diplomatic security forces suggesting that this reduction of security was, in large part, to blame for the attack in Benghazi on September 11, 2012. The report emphasizes that this is "inconsistent" with her sworn testimony of January 23, 2013. Simply stated, Hillary Rod

<div class="cArrow"> </div><div class="cContentInner">The truth is dribbling out, thn=anks to Douglas J. Hagmann and Canada Free Press ..................... We've been aligned and hostage to the Saudi Royal Family ever since FDR met with King Ibn Saud, Feb 14th, 1945 near the end of WWII. It was at this meeting that FDR promised protection for the Saudi family in exchange for the right to develop Saudi oil and sell that oil exclusively in dollars. Hence the "petro dollar" - backed by Saudi oil instead of GOLD. That agreement, and our subsequent history of our military and state departments acting to further Saudi interests has dominated America. Our troops and military resources ae mercenaries fighting for Saudi dominance of the Globalist ruling elites. Our politicians are bought and paid for by the Saudi Globalist Alliance. They have sold their souls for power and money, with the destruction of the USA Constitution the only thing standing between the Globalist and their quest to rule the world. excerpt: We are witnessing one of the biggest government cover-ups since Watergate. A cover-up that involves murder, arms trafficking, and lies by high ranking officials under oath. It involves the murderous attacks in Benghazi, and congressional investigators just released a 46-page interim progress report that at least exposes Hillary Rodham Clinton and the White House lying under oath. Where's the accountability? Where's the outrage? Where's the media? A 46-page interim progress report of an ongoing investigation across five House Committees by the U.S. House of Representatives was released on Tuesday, April 23, 2013. The executive summary states that former Secretary of State Hillary Rodham Clinton signed off on a reduction of diplomatic security forces suggesting that this reduction of security was, in large part, to blame for the attack in Benghazi on September 11, 2012. The report emphasizes that this is "inconsistent" with her sworn testimony of January 23, 2013. Simply stated, Hillary Rod</div>

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BENGHAZI - THE BIGGEST COVER-UP SCANDAL IN U.S. HISTORY? - WAS BENGHAZI A CIA GUN-RUNNI... - 0 views

www.libertynews.com/...r-insurgents-fighting-in-syria

Benghazi Benghazigate Benghazi-coverup

shared by Gary Edwards on 09 May 13 - No Cached

Gary Edwards on 09 May 13

"LibertyNEWS.com - Editorial Team Special Report It's never fun to admit you've been lied to and duped. There is no comfort in realizing a high-level group in government has conned you. The wound created from such a realization would be deep and painful when paired with extraordinary insult when you realize the cons are people you not only trusted, but people who are tasked with protecting your rights, your liberty, your life. When these people betray you, you're in trouble - big trouble. Unfortunately, we believe America is being betrayed by powerful individuals tasked with our protection. These people are found in the White House, the Congress, the CIA and other government entities - and they're lying to you. Then they're covering it up on an epic scale, in a never-before-seen manner. Here are the basics of what the schemers in government and the complicit media would like for us all to focus on and buy into: Why wasn't there better security at the consulate (keep this misleading word in mind) in Benghazi? Why didn't authorization come to move special forces in for protection and rescue? Why was an obscure video blamed when everyone knew the video had nothing to do with it? Did Obama's administration cover-up the true nature of the attacks to win an election? Truth is, as we're starting to believe, the above questions are convenient, tactical distractions. And truth is, answers to these questions, if they ever come, will never lead to revelations of the REAL TRUTH and meaningful punishment of anyone found responsible. Rep. Darrell Issa knows this, members of the House Committee investigating the Benghazi attacks know this, the White House knows this, and much of the big corporate media infrastructure knows it, too. How do they know it? Because they know the truth. They know the truth, but cannot and/or will not discuss it in public. Here are the basics that we (America, in general) should be focusing on, but aren't: Why do media

<div class="cArrow"> </div><div class="cContentInner">"LibertyNEWS.com - Editorial Team Special Report It's never fun to admit you've been lied to and duped. There is no comfort in realizing a high-level group in government has conned you. The wound created from such a realization would be deep and painful when paired with extraordinary insult when you realize the cons are people you not only trusted, but people who are tasked with protecting your rights, your liberty, your life. When these people betray you, you're in trouble - big trouble. Unfortunately, we believe America is being betrayed by powerful individuals tasked with our protection. These people are found in the White House, the Congress, the CIA and other government entities - and they're lying to you. Then they're covering it up on an epic scale, in a never-before-seen manner. Here are the basics of what the schemers in government and the complicit media would like for us all to focus on and buy into: Why wasn't there better security at the consulate (keep this misleading word in mind) in Benghazi? Why didn't authorization come to move special forces in for protection and rescue? Why was an obscure video blamed when everyone knew the video had nothing to do with it? Did Obama's administration cover-up the true nature of the attacks to win an election? Truth is, as we're starting to believe, the above questions are convenient, tactical distractions. And truth is, answers to these questions, if they ever come, will never lead to revelations of the REAL TRUTH and meaningful punishment of anyone found responsible. Rep. Darrell Issa knows this, members of the House Committee investigating the Benghazi attacks know this, the White House knows this, and much of the big corporate media infrastructure knows it, too. How do they know it? Because they know the truth. They know the truth, but cannot and/or will not discuss it in public. Here are the basics that we (America, in general) should be focusing on, but aren't: Why do media</div>

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United States v. United States Dist. Court for Eastern Dist. of Mich., 407 US 297 - Sup... - 0 views

scholar.google.com/scholar_case

surveillance state 4th Amendment constitutional law

shared by Paul Merrell on 27 Dec 13 - No Cached

But a recognition of these elementary truths does not make the employment by Government of electronic surveillance a welcome development—even when employed with restraint and under judicial supervision. There is, understandably, a deep-seated uneasiness and apprehension that this capability will be used to intrude upon cherished privacy of law-abiding citizens.[13] We 313*313 look to the Bill of Rights to safeguard this privacy. Though physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed, its broader spirit now shields private speech from unreasonable surveillance. Katz v. United States, supra; Berger v. New York, supra; Silverman v. United States, 365 U. S. 505 (1961). Our decision in Katz refused to lock the Fourth Amendment into instances of actual physical trespass. Rather, the Amendment governs "not only the seizure of tangible items, but extends as well to the recording of oral statements . . . without any `technical trespass under . . . local property law.'" Katz, supra, at 353. That decision implicitly recognized that the broad and unsuspected governmental incursions into conversational privacy which electronic surveillance entails[14] necessitate the application of Fourth Amendment safeguards.
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National security cases, moreover, often reflect a convergence of First and Fourth Amendment values not present in cases of "ordinary" crime. Though the investigative duty of the executive may be stronger in such cases, so also is there greater jeopardy to constitutionally protected speech. "Historically the struggle for freedom of speech and press in England was bound up with the issue of the scope of the search and seizure 314*314 power," Marcus v. Search Warrant, 367 U. S. 717, 724 (1961). History abundantly documents the tendency of Government—however benevolent and benign its motives —to view with suspicion those who most fervently dispute its policies. Fourth Amendment protections become the more necessary when the targets of official surveillance may be those suspected of unorthodoxy in their political beliefs. The danger to political dissent is acute where the Government attempts to act under so vague a concept as the power to protect "domestic security." Given the difficulty of defining the domestic security interest, the danger of abuse in acting to protect that interest becomes apparent. Senator Hart addressed this dilemma in the floor debate on § 2511 (3):
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"As I read it—and this is my fear—we are saying that the President, on his motion, could declare— name your favorite poison—draft dodgers, Black Muslims, the Ku Klux Klan, or civil rights activists to be a clear and present danger to the structure or existence of the Government."[15] The price of lawful public dissent must not be a dread of subjection to an unchecked surveillance power. Nor must the fear of unauthorized official eavesdropping deter vigorous citizen dissent and discussion of Government action in private conversation. For private dissent, no less than open public discourse, is essential to our free society.
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...8 more annotations...
As the Fourth Amendment is not absolute in its terms, our task is to examine and balance the basic values at stake in this case: the duty of Government 315*315 to protect the domestic security, and the potential danger posed by unreasonable surveillance to individual privacy and free expression. If the legitimate need of Government to safeguard domestic security requires the use of electronic surveillance, the question is whether the needs of citizens for privacy and free expression may not be better protected by requiring a warrant before such surveillance is undertaken. We must also ask whether a warrant requirement would unduly frustrate the efforts of Government to protect itself from acts of subversion and overthrow directed against it. Though the Fourth Amendment speaks broadly of "unreasonable searches and seizures," the definition of "reasonableness" turns, at least in part, on the more specific commands of the warrant clause. Some have argued that "[t]he relevant test is not whether it is reasonable to procure a search warrant, but whether the search was reasonable," United States v. Rabinowitz, 339 U. S. 56, 66 (1950).[16] This view, however, overlooks the second clause of the Amendment. The warrant clause of the Fourth Amendment is not dead language. Rather, it has been
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"a valued part of our constitutional law for decades, and it has determined the result in scores and scores of cases in courts all over this country. It is not an inconvenience to be somehow `weighed' against the claims of police efficiency. It is, or should 316*316 be, an important working part of our machinery of government, operating as a matter of course to check the `well-intentioned but mistakenly overzealous executive officers' who are a part of any system of law enforcement." Coolidge v. New Hampshire, 403 U. S., at 481. See also United States v. Rabinowitz, supra, at 68 (Frankfurter, J., dissenting); Davis v. United States, 328 U. S. 582, 604 (1946) (Frankfurter, J., dissenting). Over two centuries ago, Lord Mansfield held that common-law principles prohibited warrants that ordered the arrest of unnamed individuals who the officer might conclude were guilty of seditious libel. "It is not fit," said Mansfield, "that the receiving or judging of the information should be left to the discretion of the officer. The magistrate ought to judge; and should give certain directions to the officer." Leach v. Three of the King's Messengers, 19 How. St. Tr. 1001, 1027 (1765).
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Lord Mansfield's formulation touches the very heart of the Fourth Amendment directive: that, where practical, a governmental search and seizure should represent both the efforts of the officer to gather evidence of wrongful acts and the judgment of the magistrate that the collected evidence is sufficient to justify invasion of a citizen's private premises or conversation. Inherent in the concept of a warrant is its issuance by a "neutral and detached magistrate." Coolidge v. New Hampshire, supra, at 453; Katz v. United States, supra, at 356. The further requirement of "probable cause" instructs the magistrate that baseless searches shall not proceed. These Fourth Amendment freedoms cannot properly be guaranteed if domestic security surveillances may be conducted solely within the discretion of the Executive 317*317 Branch. The Fourth Amendment does not contemplate the executive officers of Government as neutral and disinterested magistrates. Their duty and responsibility are to enforce the laws, to investigate, and to prosecute. Katz v. United States, supra, at 359-360 (DOUGLAS, J., concurring). But those charged with this investigative and prosecutorial duty should not be the sole judges of when to utilize constitutionally sensitive means in pursuing their tasks. The historical judgment, which the Fourth Amendment accepts, is that unreviewed executive discretion may yield too readily to pressures to obtain incriminating evidence and overlook potential invasions of privacy and protected speech.[17]
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It may well be that, in the instant case, the Government's surveillance of Plamondon's conversations was a reasonable one which readily would have gained prior judicial approval. But this Court "has never sustained a search upon the sole ground that officers reasonably expected to find evidence of a particular crime and voluntarily confined their activities to the least intrusive means consistent with that end." Katz, supra, at 356-357. The Fourth Amendment contemplates a prior judicial judgment,[18] not the risk that executive discretion may be reasonably exercised. This judicial role accords with our basic constitutional doctrine that individual freedoms will best be preserved through a separation of powers and division of functions among the different branches and levels of Government. Harlan, Thoughts at a Dedication: Keeping the Judicial Function in Balance, 49 A. B. A. J. 943-944 (1963). The independent check upon executive discretion is not 318*318 satisfied, as the Government argues, by "extremely limited" post-surveillance judicial review.[19] Indeed, post-surveillance review would never reach the surveillances which failed to result in prosecutions. Prior review by a neutral and detached magistrate is the time-tested means of effectuating Fourth Amendment rights. Beck v. Ohio, 379 U. S. 89, 96 (1964).
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But we do not think a case has been made for the requested departure from Fourth Amendment standards. The circumstances described do not justify complete exemption of domestic security surveillance from prior judicial scrutiny. Official surveillance, whether its purpose be criminal investigation or ongoing intelligence gathering, risks infringement of constitutionally protected privacy of speech. Security surveillances are especially sensitive because of the inherent vagueness of the domestic security concept, the necessarily broad and continuing nature of intelligence gathering, and the temptation to utilize such surveillances to oversee political dissent. We recognize, as we have before, the constitutional basis of the President's domestic security role, but we think it must be exercised in a manner compatible with the Fourth Amendment. In this case we hold that this requires an appropriate prior warrant procedure. We cannot accept the Government's argument that internal security matters are too subtle and complex for judicial evaluation. Courts regularly deal with the most difficult issues of our society. There is no reason to believe that federal judges will be insensitive to or uncomprehending of the issues involved in domestic security cases. Certainly courts can recognize that domestic security surveillance involves different considerations from the surveillance of "ordinary crime." If the threat is too subtle or complex for our senior law enforcement officers to convey its significance to a court, one may question whether there is probable cause for surveillance.
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Nor do we believe prior judicial approval will fracture the secrecy essential to official intelligence gathering. The investigation of criminal activity has long 321*321 involved imparting sensitive information to judicial officers who have respected the confidentialities involved. Judges may be counted upon to be especially conscious of security requirements in national security cases. Title III of the Omnibus Crime Control and Safe Streets Act already has imposed this responsibility on the judiciary in connection with such crimes as espionage, sabotage, and treason, §§ 2516 (1) (a) and (c), each of which may involve domestic as well as foreign security threats. Moreover, a warrant application involves no public or adversary proceedings: it is an ex parte request before a magistrate or judge. Whatever security dangers clerical and secretarial personnel may pose can be minimized by proper administrative measures, possibly to the point of allowing the Government itself to provide the necessary clerical assistance.
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Thus, we conclude that the Government's concerns do not justify departure in this case from the customary Fourth Amendment requirement of judicial approval prior to initiation of a search or surveillance. Although some added burden will be imposed upon the Attorney General, this inconvenience is justified in a free society to protect constitutional values. Nor do we think the Government's domestic surveillance powers will be impaired to any significant degree. A prior warrant establishes presumptive validity of the surveillance and will minimize the burden of justification in post-surveillance judicial review. By no means of least importance will be the reassurance of the public generally that indiscriminate wiretapping and bugging of law-abiding citizens cannot occur.
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As the surveillance of Plamondon's conversations was unlawful, because conducted without prior judicial approval, the courts below correctly held that Alderman v. United States, 394 U. S. 165 (1969), is controlling and that it requires disclosure to the accused of his own impermissibly intercepted conversations. As stated in Alderman, "the trial court can and should, where appropriate, place a defendant and his counsel under enforceable orders against unwarranted disclosure of the materials which they may be entitled to inspect." 394 U. S., at 185.[21]
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The Engineered Destruction and Political Fragmentation of Iraq. Towards the Creation of... - 0 views

www.globalresearch.ca/...5386998

war & peace Iraq ISIL Mosul U.S.-foreign-policy

shared by Paul Merrell on 15 Jun 14 - No Cached

The Capture of Mosul:  US-NATO Covert Support to the Islamic State of Iraq and Syria (ISIS) Something unusual occurred in Mosul which cannot be explained in strictly military terms. On June 10, the insurgent forces of the Islamic State of Iraq and the Levant (ISIS) captured Mosul, Iraq’s second largest city, with a population of close to 1.5 million people.  While these developments were “unexpected” according to the Obama administration, they were known to the Pentagon and US intelligence, which were not only providing weapons, logistics and financial support to the ISIS rebels, they were also coordinating, behind the scenes, the ISIS attack on the city of Mosul. While ISIS is a well equipped and disciplined rebel army when compared to other Al Qaeda affiliated formations, the capture of Mosul, did not hinge upon ISIS’s military capabilities. Quite the opposite: Iraqi forces which outnumbered the rebels by far, equipped with advanced weapons systems could have easily repelled the ISIS rebels. There were 30,000 government forces in Mosul as opposed to 1000 ISIS rebels, according to reports. The Iraqi army chose not to intervene. The media reports explained without evidence that the decision of the Iraqi armed forces not to intervene was spontaneous characterized by mass defections.
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Iraqi officials told the Guardian that two divisions of Iraqi soldiers – roughly 30,000 men – simply turned and ran in the face of the assault by an insurgent force of just 800 fighters. Isis extremists roamed freely on Wednesday through the streets of Mosul, openly surprised at the ease with which they took Iraq’s second largest city after three days of sporadic fighting. (Guardian, June 12, 2014, emphasis added) The reports point to the fact that Iraqi military commanders were sympathetic with the Sunni led ISIS insurgency: Speaking from the Kurdish city of Erbil, the defectors accused their officers of cowardice and betrayal, saying generals in Mosul “handed over” the city over to Sunni insurgents, with whom they shared sectarian and historical ties. (Daily Telegraph,  13 June 2014) What is important to understand, is that both sides, namely the regular Iraqi forces and the ISIS rebel army are supported by US-NATO. There were US military advisers and special forces including operatives from private military companies on location in Mosul working with Iraq’s regular armed forces. In turn, there are Western special forces or mercenaries within ISIS (acting on contract to the CIA or the Pentagon) who are in liaison with US-NATO (e.g. through satellite phones).
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Under these circumstances, with US intelligence amply involved, there would have been routine communication, coordination, logistics and exchange of intelligence between a US-NATO military and intelligence command center, US-NATO military advisers forces or private military contractors on the ground assigned to the Iraqi Army and Western special forces attached to the ISIS brigades. These Western special forces operating covertly within the ISIS could have been dispatched by a private security company on contract to US-NATO.
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...14 more annotations...
In this regard, the capture of Mosul appears to have been a carefully engineered operation, planned well in advance. With the exception of a few skirmishes, no fighting took place. Entire divisions of the Iraqi National Army –trained by the US military with advanced weapons systems at their disposal– could have easily repelled the ISIS rebels. Reports suggest that they were ordered by their commanders not to intervene. According to witnesses, “Not a single shot was fired”. The forces that had been in Mosul have fled — some of which abandoned their uniforms as well as their posts as the ISIS forces swarmed into the city. Fighters with the Islamic State of Iraq and Syria (ISIS), an al-Qaeda offshoot, overran the entire western bank of the city overnight after Iraqi soldiers and police apparently fled their posts, in some instances discarding their uniforms as they sought to escape the advance of the militants. http://hotair.com/archives/2014/06/10/mosul-falls-to-al-qaeda-as-us-trained-security-forces-flee/
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A contingent of one thousand ISIS rebels take over a city of more than one million? Without prior knowledge that the US controlled Iraqi Army (30,000 strong) would not intervene, the Mosul operation would have fallen flat, the rebels would have been decimated. Who was behind the decision to let the ISIS terrorists take control of Mosul? Had the senior Iraqi commanders been instructed by their Western military advisers to hand over the city to the ISIS terrorists? Were they co-opted?
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The formation of the caliphate may be the first step towards a broader conflict in the Middle East, bearing in mind that Iran is supportive of the Al Maliki government and the US ploy may indeed be to encourage the intervention of Iran. The proposed redivision of Iraq is broadly modeled on that of the Federation of Yugoslavia which was split up into seven “independent states” (Serbia, Croatia, Bosnia-Herzegovina, Macedonia (FYRM), Slovenia, Montenegro, Kosovo). According to Mahdi Darius Nazemroaya, the re division of Iraq into three separate states is part of a broader process of redrawing the Map of the Middle East.
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US forces could have intervened. They had been instructed to let it happen. It was part of a carefully planned agenda to facilitate the advance of the ISIS rebel forces and the installation of the ISIS caliphate. The whole operation appears to have been carefully staged.
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In Mosul, government buildings, police stations, schools, hospitals, etc are formally now under the control of the Islamic State of Iraq and Syria (ISIS). In turn, ISIS has taken control of military hardware including helicopters and tanks which were abandoned by the Iraqi armed forces. What is unfolding is the installation of a US sponsored Islamist ISIS caliphate alongside the rapid demise of the Baghdad government. Meanwhile, the Northern Kurdistan region has de facto declared its independence from Baghdad. Kurdish peshmerga rebel forces (which are supported by Israel) have taken control of the cities of Arbil and Kirkuk. (See map above) Concluding Remarks There were no Al Qaeda rebels in Iraq prior to the 2003 invasion. Moreover, Al Qaeda was non-existent in Syria until the outset of the US-NATO-Israeli supported insurgency in March 2011. The ISIS is not an independent entity. It is a creation of US intelligence. It is a US intelligence asset, an instrument of non-conventional warfare.
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The ultimate objective of this ongoing US-NATO engineered conflict opposing Maliki government forces to the ISIS insurgency is to destroy and destabilize Iraq as a Nation State. It is part of an intelligence operation, an engineered process of  transforming countries into territories. The break up of Iraq along sectarian lines is a longstanding policy of the US and its allies. The ISIS is a caliphate project of creating a Sunni Islamist state. It is not a project of the Sunni population of Iraq which historically has been committed to a secular system of government. The caliphate project is a US design. The advances of ISIS forces is intended to garnish broad support within the Sunni population directed against the Al Maliki government The division of Iraq along sectarian-ethnic lines has been on the drawing board of the Pentagon for more than 10 years.
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Was the handing over of Mosul to ISIS part of a US intelligence agenda? Were the Iraqi military commanders manipulated or paid off into allowing the city to fall into the hands of the ISIS rebels without “a single shot being fired”. Shiite General Mehdi Sabih al-Gharawi who was in charge of the Mosul Army divisions “had left the city”. Al Gharawi had worked hand in glove with the US military. He took over the command of Mosul in September 2011, from US Col Scott McKean. Had he been co-opted, instructed by his US counterparts to abandon his command?
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The above map was prepared by Lieutenant-Colonel Ralph Peters. It was published in the Armed Forces Journal in June 2006, Peters is a retired colonel of the U.S. National War Academy. (Map Copyright Lieutenant-Colonel Ralph Peters 2006). Although the map does not officially reflect Pentagon doctrine, it has been used in a training program at NATO’s Defense College for senior military officers”. (See Plans for Redrawing the Middle East: The Project for a “New Middle East” By Mahdi Darius Nazemroaya, Global Research, November 2006)
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The Western media in chorus have described the unfolding conflict in Iraq as a “civil war” opposing the Islamic State of Iraq and al-Sham against the Armed forces of the Al-Maliki government. (Also referred to as Islamic State of Iraq and the Levant (ISIL) or Islamic State of Iraq and Syria (ISIS)) The conflict is casually described as “sectarian warfare” between Radical Sunni and Shia without addressing “who is behind the various factions”.  What is at stake is a carefully staged US military-intelligence agenda. Known and documented, Al Qaeda affiliated entities have been used by US-NATO in numerous conflicts as “intelligence assets” since the heyday of the Soviet-Afghan war. In Syria, the Al Nusrah and ISIS rebels are the foot-soldiers of the Western military alliance, which oversees and controls the recruitment and training of paramilitary forces.
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The Al Qaeda affiliated Islamic State of Iraq (ISI) re-emerged in April 2013 with a different name and acronym, commonly referred to as the Islamic State of Iraq and Syria (ISIS). The formation of a terrorist entity encompassing both Iraq and Syria was part of a US intelligence agenda. It responded to geopolitical objectives. It also coincided with the advances of Syrian government forces against the US sponsored insurgency in Syria and the failures of both the Free Syrian Army (FSA) and its various “opposition” terror brigades. The decision was taken by Washington to channel its support (covertly) in favor of a terrorist entity which operates in both Syria and Iraq and which has logistical bases in both countries. The Islamic State of Iraq and al-Sham’s Sunni caliphate project coincides with a longstanding US agenda to carve up both Iraq and Syria into three separate territories: A Sunni Islamist Caliphate, an Arab Shia Republic, and a Republic of Kurdistan.
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Whereas the (US proxy) government in Baghdad purchases advanced weapons systems from the US including F16 fighter jets from Lockheed Martin, the Islamic State of Iraq and al-Sham –which is fighting Iraqi government forces– is supported covertly by Western intelligence. The objective is to engineer a civil war in Iraq, in which both sides are controlled indirectly by US-NATO. The scenario is to arm and equip them, on both sides, finance them with advanced weapons systems and then “let them fight”.
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The Islamic caliphate is supported covertly by the CIA in liaison with Saudi Arabia, Qatar and Turkish intelligence. Israel is also involved in channeling support to both Al Qaeda rebels in Syria (out of the Golan Heights) as well to the Kurdish separatist movement in Syria and Iraq.
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First published by GR on June 14, 2014.  President Barack Obama has initiated a series of US bombing raids in Iraq allegedly directed towards the rebel army of the Islamic State (IS). The Islamic State terrorists are portrayed as an enemy of America and the Western world. Amply documented, the Islamic State is a creation of Western intelligence, supported by the CIA and Israel’s Mossad and financed by Saudi Arabia and Qatar. We are dealing with a diabolical military agenda whereby the United States is targeting a rebel army which is directly funded by the US and its allies. The incursion into Iraq of the Islamic State rebels in late June was part of a carefully planned intelligence operation. The rebels of the Islamic state, formerly known as the ISIS, were covertly supported by US-NATO-Israel  to wage a terrorist insurgency against the Syrian government of Bashar Al Assad.  The atrocities committed in Iraq are similar to those committed in Syria. The sponsors of IS including Barack Obama have blood on their hands.
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The killings of innocent civilians by the Islamic state terrorists create a pretext and the justification for US military intervention on humanitarian grounds. Lest we forget, the rebels who committed these atrocities and who are a target of US military action are supported by the United States. The bombing raids ordered by Obama are not intended to eliminate the terrorists. Quite the opposite, the US is targeting the civilian population as well as the Iraqi resistance movement. The endgame is to destabilize Iraq as a nation state and trigger its partition into three separate entities.
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Paul Merrell on 15 Jun 14

The destabilization and fragmentation of Israel's neighboring nations has indeed been on the Zionist/Neocon drawing board for a very long time. http://goo.gl/Z1gdoA In the Mideast, it's important to remember that there are no significant Islamist forces that are not under the control of the U.S. or its allies Saudi Arabia and Qatar. The Iraqi Army's withdrawal of the two divisions from the defense of Mosul is indeed curious. In that regard, Col. Peters' map of a future Mideast is almost certainly more than a coincidence.

<div class="cArrow"> </div><div class="cContentInner">The destabilization and fragmentation of Israel's neighboring nations has indeed been on the Zionist/Neocon drawing board for a very long time. <a href="http://goo.gl/Z1gdoA" rel="nofollow" target="_blank">http://goo.gl/Z1gdoA</a> In the Mideast, it's important to remember that there are no significant Islamist forces that are not under the control of the U.S. or its allies Saudi Arabia and Qatar. The Iraqi Army's withdrawal of the two divisions from the defense of Mosul is indeed curious. In that regard, Col. Peters' map of a future Mideast is almost certainly more than a coincidence. </div>

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Press Gaggle by Press Secretary Josh Earnest en route Cleveland, OH, 3/18/15 | The Whit... - 0 views

www.whitehouse.gov/...st-en-route-cleveland-oh-31815

war & peace U.S.-foreign-policy Israel election-2015 Netanyahu Obama

shared by Paul Merrell on 19 Mar 15 - No Cached

Q    -- talking about the Palestinian state issue over the last couple of days, citing the election.  But now that the election is over and Prime Minister Netanyahu has been reelected, can you talk a little bit about what that means for the U.S. goals in the peace process and the hope for a two-state solution?
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Q    -- that you guys may no longer favor a two-state solution, or that you may reevaluate sort of your ability to cooperate with Netanyahu?
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it has long been the policy of the United States and it continues to be the view of the President that a two-state solution is the best way to address those tensions and address that instability.
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...1 more annotation...
Q    Netanyahu said that there would not be a Palestinian state for as long as he’s Prime Minister.  So the U.S. position is that you favor a two-state solution.  But he’s saying that he doesn’t want that as long as he’s in office.  So does that mean the Mideast peace process is essentially dormant for the rest of the Obama administration?  MR. EARNEST:  It means for today -- it means that for today that based on Prime Minister Netanyahu’s comments, the United States will reevaluate our position and the path forward in the situation.
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Paul Merrell on 19 Mar 15

"And it has long been the policy of the United States and it *continues* to be the view of the President that a two-state solution is the best way to address those tensions and address that instability. ... "[T]he United States will reevaluate our position and the path forward in the situation." Those are the two most substantive sentences in quite a bit of White House Press Secretary blathering about Netanyahu's statement that there will not be a Palestinian State, chucking overboard even Israel's lip service to the 2-state solution. And at that, it doesn't say much to Joe Sixpack. But in diplomat-speak, it signals that even the future of the 2-state solution is up for discussion at the White House. That signal should be causing heart palpitations in Israeli government and undoubtedly is within Mossad and the Israeli Defense Force. IDF went public over a year ago with its concerns that a severe national security problem was resulting in rapidly worsening isolation of Israel because of the Palestine Question and Palestine Civil Society's call for the Boycott, Divestment, and Sanctions of settlement-produchttps://nsarchive.wordpress.com/2015/03/13/posting-foia-releases-online-saves-agencies-time-and-money/ed goods with a goal of a single-state solution. Not a word by the White House Press Secretary about what the U.S. will do about Netanyahu's statement that there will be no Palestinian State. That underscores that the Obama Administration was taken by suprise when Netanyahu said it. But it is not a matter that Obama may delay long in announcing a far more substantive position.

<div class="cArrow"> </div><div class="cContentInner">"And it has long been the policy of the United States and it *continues* to be the view of the President that a two-state solution is the best way to address those tensions and address that instability. ... "[T]he United States will reevaluate our position and the path forward in the situation." Those are the two most substantive sentences in quite a bit of White House Press Secretary blathering about Netanyahu's statement that there will not be a Palestinian State, chucking overboard even Israel's lip service to the 2-state solution. And at that, it doesn't say much to Joe Sixpack. But in diplomat-speak, it signals that even the future of the 2-state solution is up for discussion at the White House. That signal should be causing heart palpitations in Israeli government and undoubtedly is within Mossad and the Israeli Defense Force. IDF went public over a year ago with its concerns that a severe national security problem was resulting in rapidly worsening isolation of Israel because of the Palestine Question and Palestine Civil Society's call for the Boycott, Divestment, and Sanctions of settlement-produc<a href="https://nsarchive.wordpress.com/2015/03/13/posting-foia-releases-online-saves-agencies-time-and-money/ed" rel="nofollow" target="_blank">https://nsarchive.wordpress.com/2015/03/13/posting-foia-releases-online-saves-agencies-time-and-money/ed</a> goods with a goal of a single-state solution. Not a word by the White House Press Secretary about what the U.S. will do about Netanyahu's statement that there will be no Palestinian State. That underscores that the Obama Administration was taken by suprise when Netanyahu said it. But it is not a matter that Obama may delay long in announcing a far more substantive position. </div>

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Edward Snowden: A 'Nation' Interview | The Nation - 0 views

www.thenation.com/...wden-exile-exclusive-interview

surveillance state Snowden-interview

shared by Paul Merrell on 30 Oct 14 - No Cached

Snowden: That’s the key—to maintain the garden of liberty, right? This is a generational thing that we must all do continuously. We only have the rights that we protect. It doesn’t matter what we say or think we have. It’s not enough to believe in something; it matters what we actually defend. So when we think in the context of the last decade’s infringements upon personal liberty and the last year’s revelations, it’s not about surveillance. It’s about liberty. When people say, “I have nothing to hide,” what they’re saying is, “My rights don’t matter.” Because you don’t need to justify your rights as a citizen—that inverts the model of responsibility. The government must justify its intrusion into your rights. If you stop defending your rights by saying, “I don’t need them in this context” or “I can’t understand this,” they are no longer rights. You have ceded the concept of your own rights. You’ve converted them into something you get as a revocable privilege from the government, something that can be abrogated at its convenience. And that has diminished the measure of liberty within a society.
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From the very beginning, I said there are two tracks of reform: there’s the political and the technical. I don’t believe the political will be successful, for exactly the reasons you underlined. The issue is too abstract for average people, who have too many things going on in their lives. And we do not live in a revolutionary time. People are not prepared to contest power. We have a system of education that is really a sort of euphemism for indoctrination. It’s not designed to create critical thinkers. We have a media that goes along with the government by parroting phrases intended to provoke a certain emotional response—for example, “national security.” Everyone says “national security” to the point that we now must use the term “national security.” But it is not national security that they’re concerned with; it is state security. And that’s a key distinction. We don’t like to use the phrase “state security” in the United States because it reminds us of all the bad regimes. But it’s a key concept, because when these officials are out on TV, they’re not talking about what’s good for you. They’re not talking about what’s good for business. They’re not talking about what’s good for society. They’re talking about the protection and perpetuation of a national state system. I’m not an anarchist. I’m not saying, “Burn it to the ground.” But I’m saying we need to be aware of it, and we need to be able to distinguish when political developments are occurring that are contrary to the public interest. And that cannot happen if we do not question the premises on which they’re founded. And that’s why I don’t think political reform is likely to succeed. [Senators] Udall and Wyden, on the intelligence committee, have been sounding the alarm, but they are a minority.
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The Nation: Every president—and this seems to be confirmed by history—will seek to maximize his or her power, and will see modern-day surveillance as part of that power. Who is going to restrain presidential power in this regard? Snowden: That’s why we have separate and co-equal branches. Maybe it will be Congress, maybe not. Might be the courts, might not. But the idea is that, over time, one of these will get the courage to do so. One of the saddest and most damaging legacies of the Bush administration is the increased assertion of the “state secrets” privilege, which kept organizations like the ACLU—which had cases of people who had actually been tortured and held in indefinite detention—from getting their day in court. The courts were afraid to challenge executive declarations of what would happen. Now, over the last year, we have seen—in almost every single court that has had this sort of national-security case—that they have become markedly more skeptical. People at civil-liberties organizations say it’s a sea change, and that it’s very clear judges have begun to question more critically assertions made by the executive. Even though it seems so obvious now, it is extraordinary in the context of the last decade, because courts had simply said they were not the best branch to adjudicate these claims—which is completely wrong, because they are the only nonpolitical branch. They are the branch that is specifically charged with deciding issues that cannot be impartially decided by politicians. The power of the presidency is important, but it is not determinative. Presidents should not be exempted from the same standards of reason and evidence and justification that any other citizen or civil movement should be held to.
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The Nation: Explain the technical reform you mentioned. Snowden: We already see this happening. The issue I brought forward most clearly was that of mass surveillance, not of surveillance in general. It’s OK if we wiretap Osama bin Laden. I want to know what he’s planning—obviously not him nowadays, but that kind of thing. I don’t care if it’s a pope or a bin Laden. As long as investigators must go to a judge—an independent judge, a real judge, not a secret judge—and make a showing that there’s probable cause to issue a warrant, then they can do that. And that’s how it should be done. The problem is when they monitor all of us, en masse, all of the time, without any specific justification for intercepting in the first place, without any specific judicial showing that there’s a probable cause for that infringement of our rights.
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Since the revelations, we have seen a massive sea change in the technological basis and makeup of the Internet. One story revealed that the NSA was unlawfully collecting data from the data centers of Google and Yahoo. They were intercepting the transactions of data centers of American companies, which should not be allowed in the first place because American companies are considered US persons, sort of, under our surveillance authorities. They say, “Well, we were doing it overseas,” but that falls under a different Reagan-era authority: EO 12333, an executive order for foreign-intelligence collection, as opposed to the ones we now use domestically. So this one isn’t even authorized by law. It’s just an old-ass piece of paper with Reagan’s signature on it, which has been updated a couple times since then. So what happened was that all of a sudden these massive, behemoth companies realized their data centers—sending hundreds of millions of people’s communications back and forth every day—were completely unprotected, electronically naked. GCHQ, the British spy agency, was listening in, and the NSA was getting the data and everything like that, because they could dodge the encryption that was typically used. Basically, the way it worked technically, you go from your phone to Facebook.com, let’s say—that link is encrypted. So if the NSA is trying to watch it here, they can’t understand it. But what these agencies discovered was, the Facebook site that your phone is connected to is just the front end of a larger corporate network—that’s not actually where the data comes from. When you ask for your Facebook page, you hit this part and it’s protected, but it has to go on this long bounce around the world to actually get what you’re asking for and go back. So what they did was just get out of the protected part and they went onto the back network. They went into the private network of these companies.
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The Nation: The companies knew this? Snowden: Companies did not know it. They said, “Well, we gave the NSA the front door; we gave you the PRISM program. You could get anything you wanted from our companies anyway—all you had to do was ask us and we’re gonna give it to you.” So the companies couldn’t have imagined that the intelligence communities would break in the back door, too—but they did, because they didn’t have to deal with the same legal process as when they went through the front door. When this was published by Barton Gellman in The Washington Post and the companies were exposed, Gellman printed a great anecdote: he showed two Google engineers a slide that showed how the NSA was doing this, and the engineers “exploded in profanity.” Another example—one document I revealed was the classified inspector general’s report on a Bush surveillance operation, Stellar Wind, which basically showed that the authorities knew it was unlawful at the time. There was no statutory basis; it was happening basically on the president’s say-so and a secret authorization that no one was allowed to see. When the DOJ said, “We’re not gonna reauthorize this because it is not lawful,” Cheney—or one of Cheney’s advisers—went to Michael Hayden, director of the NSA, and said, “There is no lawful basis for this program. DOJ is not going to reauthorize it, and we don’t know what we’re going to do. Will you continue it anyway on the president’s say-so?” Hayden said yes, even though he knew it was unlawful and the DOJ was against it. Nobody has read this document because it’s like twenty-eight pages long, even though it’s incredibly important.
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The big tech companies understood that the government had not only damaged American principles, it had hurt their businesses. They thought, “No one trusts our products anymore.” So they decided to fix these security flaws to secure their phones. The new iPhone has encryption that protects the contents of the phone. This means if someone steals your phone—if a hacker or something images your phone—they can’t read what’s on the phone itself, they can’t look at your pictures, they can’t see the text messages you send, and so forth. But it does not stop law enforcement from tracking your movements via geolocation on the phone if they think you are involved in a kidnapping case, for example. It does not stop law enforcement from requesting copies of your texts from the providers via warrant. It does not stop them from accessing copies of your pictures or whatever that are uploaded to, for example, Apple’s cloud service, which are still legally accessible because those are not encrypted. It only protects what’s physically on the phone. This is purely a security feature that protects against the kind of abuse that can happen with all these things being out there undetected. In response, the attorney general and the FBI director jumped on a soap box and said, “You are putting our children at risk.”
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The Nation: Is there a potential conflict between massive encryption and the lawful investigation of crimes? Snowden: This is the controversy that the attorney general and the FBI director were trying to create. They were suggesting, “We have to be able to have lawful access to these devices with a warrant, but that is technically not possible on a secure device. The only way that is possible is if you compromise the security of the device by leaving a back door.” We’ve known that these back doors are not secure. I talk to cryptographers, some of the leading technologists in the world, all the time about how we can deal with these issues. It is not possible to create a back door that is only accessible, for example, to the FBI. And even if it were, you run into the same problem with international commerce: if you create a device that is famous for compromised security and it has an American back door, nobody is gonna buy it. Anyway, it’s not true that the authorities cannot access the content of the phone even if there is no back door. When I was at the NSA, we did this every single day, even on Sundays. I believe that encryption is a civic responsibility, a civic duty.
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The Nation: Some years ago, The Nation did a special issue on patriotism. We asked about a hundred people how they define it. How do you define patriotism? And related to that, you’re probably the world’s most famous whistleblower, though you don’t like that term. What characterization of your role do you prefer? Snowden: What defines patriotism, for me, is the idea that one rises to act on behalf of one’s country. As I said before, that’s distinct from acting to benefit the government—a distinction that’s increasingly lost today. You’re not patriotic just because you back whoever’s in power today or their policies. You’re patriotic when you work to improve the lives of the people of your country, your community and your family. Sometimes that means making hard choices, choices that go against your personal interest. People sometimes say I broke an oath of secrecy—one of the early charges leveled against me. But it’s a fundamental misunderstanding, because there is no oath of secrecy for people who work in the intelligence community. You are asked to sign a civil agreement, called a Standard Form 312, which basically says if you disclose classified information, they can sue you; they can do this, that and the other. And you risk going to jail. But you are also asked to take an oath, and that’s the oath of service. The oath of service is not to secrecy, but to the Constitution—to protect it against all enemies, foreign and domestic. That’s the oath that I kept, that James Clapper and former NSA director Keith Alexander did not. You raise your hand and you take the oath in your class when you are on board. All government officials are made to do it who work for the intelligence agencies—at least, that’s where I took the oath.
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The Nation: Creating a new system may be your transition, but it’s also a political act. Snowden: In case you haven’t noticed, I have a somewhat sneaky way of effecting political change. I don’t want to directly confront great powers, which we cannot defeat on their terms. They have more money, more clout, more airtime. We cannot be effective without a mass movement, and the American people today are too comfortable to adapt to a mass movement. But as inequality grows, the basic bonds of social fraternity are fraying—as we discussed in regard to Occupy Wall Street. As tensions increase, people will become more willing to engage in protest. But that moment is not now.
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The Nation: You really think that if you could go home tomorrow with complete immunity, there wouldn’t be irresistible pressure on you to become a spokesperson, even an activist, on behalf of our rights and liberties? Indeed, wouldn’t that now be your duty? Snowden: But the idea for me now—because I’m not a politician, and I do not think I am as effective in this way as people who actually prepare for it—is to focus on technical reform, because I speak the language of technology. I spoke with Tim Berners-Lee, the guy who invented the World Wide Web. We agree on the necessity for this generation to create what he calls the Magna Carta for the Internet. We want to say what “digital rights” should be. What values should we be protecting, and how do we assert them? What I can do—because I am a technologist, and because I actually understand how this stuff works under the hood—is to help create the new systems that reflect our values. Of course I want to see political reform in the United States. But we could pass the best surveillance reforms, the best privacy protections in the history of the world, in the United States, and it would have zero impact internationally. Zero impact in China and in every other country, because of their national laws—they won’t recognize our reforms; they’ll continue doing their own thing. But if someone creates a reformed technical system today—technical standards must be identical around the world for them to function together.
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As for labeling someone a whistleblower, I think it does them—it does all of us—a disservice, because it “otherizes” us. Using the language of heroism, calling Daniel Ellsberg a hero, and calling the other people who made great sacrifices heroes—even though what they have done is heroic—is to distinguish them from the civic duty they performed, and excuses the rest of us from the same civic duty to speak out when we see something wrong, when we witness our government engaging in serious crimes, abusing power, engaging in massive historic violations of the Constitution of the United States. We have to speak out or we are party to that bad action.
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The Nation: Considering your personal experience—the risks you took, and now your fate here in Moscow—do you think other young men or women will be inspired or discouraged from doing what you did? Snowden: Chelsea Manning got thirty-five years in prison, while I’m still free. I talk to people in the ACLU office in New York all the time. I’m able to participate in the debate and to campaign for reform. I’m just the first to come forward in the manner that I did and succeed. When governments go too far to punish people for actions that are dissent rather than a real threat to the nation, they risk delegitimizing not just their systems of justice, but the legitimacy of the government itself. Because when they bring political charges against people for acts that were clearly at least intended to work in the public interest, they deny them the opportunity to mount a public-interest defense. The charges they brought against me, for example, explicitly denied my ability to make a public-interest defense. There were no whistleblower protections that would’ve protected me—and that’s known to everybody in the intelligence community. There are no proper channels for making this information available when the system fails comprehensively.
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The government would assert that individuals who are aware of serious wrongdoing in the intelligence community should bring their concerns to the people most responsible for that wrongdoing, and rely on those people to correct the problems that those people themselves authorized. Going all the way back to Daniel Ellsberg, it is clear that the government is not concerned with damage to national security, because in none of these cases was there damage. At the trial of Chelsea Manning, the government could point to no case of specific damage that had been caused by the massive revelation of classified information. The charges are a reaction to the government’s embarrassment more than genuine concern about these activities, or they would substantiate what harms were done. We’re now more than a year since my NSA revelations, and despite numerous hours of testimony before Congress, despite tons of off-the-record quotes from anonymous officials who have an ax to grind, not a single US official, not a single representative of the United States government, has ever pointed to a single case of individualized harm caused by these revelations. This, despite the fact that former NSA director Keith Alexander said this would cause grave and irrevocable harm to the nation. Some months after he made that statement, the new director of the NSA, Michael Rogers, said that, in fact, he doesn’t see the sky falling. It’s not so serious after all.
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The Nation: You also remind us of [Manhattan Project physicist] Robert Oppenheimer—what he created and then worried about. Snowden: Someone recently talked about mass surveillance and the NSA revelations as being the atomic moment for computer scientists. The atomic bomb was the moral moment for physicists. Mass surveillance is the same moment for computer scientists, when they realize that the things they produce can be used to harm a tremendous number of people. It is interesting that so many people who become disenchanted, who protest against their own organizations, are people who contributed something to them and then saw how it was misused. When I was working in Japan, I created a system for ensuring that intelligence data was globally recoverable in the event of a disaster. I was not aware of the scope of mass surveillance. I came across some legal questions when I was creating it. My superiors pushed back and were like, “Well, how are we going to deal with this data?” And I was like, “I didn’t even know it existed.” Later, when I found out that we were collecting more information on American communications than we were on Russian communications, for example, I was like, “Holy shit.” Being confronted with the realization that work you intended to benefit people is being used against them has a radicalizing effect.
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The Nation: We have a sense, or certainly the hope, we’ll be seeing you in America soon—perhaps sometime after this Ukrainian crisis ends. Snowden: I would love to think that, but we’ve gone all the way up the chain at all the levels, and things like that. A political decision has been made not to irritate the intelligence community. The spy agencies are really embarrassed, they’re really sore—the revelations really hurt their mystique. The last ten years, they were getting the Zero Dark Thirty treatment—they’re the heroes. The surveillance revelations bring them back to Big Brother kind of narratives, and they don’t like that at all. The Obama administration almost appears as though it is afraid of the intelligence community. They’re afraid of death by a thousand cuts—you know, leaks and things like that.
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The Nation: You’ve given us a lot of time, and we are very grateful, as will be The Nation’s and other readers. But before we end, any more thoughts about your future? Snowden: If I had to guess what the future’s going to look like for me—assuming it’s not an orange jumpsuit in a hole—I think I’m going to alternate between tech and policy. I think we need that. I think that’s actually what’s missing from government, for the most part. We’ve got a lot of policy people, but we have no technologists, even though technology is such a big part of our lives. It’s just amazing, because even these big Silicon Valley companies, the masters of the universe or whatever, haven’t engaged with Washington until recently. They’re still playing catch-up. As for my personal politics, some people seem to think I’m some kind of archlibertarian, a hyper-conservative. But when it comes to social policies, I believe women have the right to make their own choices, and inequality is a really important issue. As a technologist, I see the trends, and I see that automation inevitably is going to mean fewer and fewer jobs. And if we do not find a way to provide a basic income for people who have no work, or no meaningful work, we’re going to have social unrest that could get people killed. When we have increasing production—year after year after year—some of that needs to be reinvested in society. It doesn’t need to be consistently concentrated in these venture-capital funds and things like that. I’m not a communist, a socialist or a radical. But these issues have to be  addressed.
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Paul Merrell on 30 Oct 14

Remarkable interview. Snowden finally gets asked some questions about politics.

<div class="cArrow"> </div><div class="cContentInner">Remarkable interview. Snowden finally gets asked some questions about politics. </div>

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To beat ISIS, kick out US-led coalition | nsnbc international - 0 views

nsnbc.me/...isis-kick-out-us-led-coalition

war & peace U.S.-foreign-policy Syria Iraq Iran Russia Lebanon ISIL sandbagging

shared by Paul Merrell on 28 May 15 - No Cached

It’s been a bad time for foes of ISIS. Islamic State scored a neat hat-trick by invading strategic Ramadi in Iraq’s mainly Sunni Anbar province, occupying Syria’s historic gem Palmyra, and taking over Al-Tanf, the last remaining border crossing with Iraq. The multinational, American-led ‘Coalition’ launched last August to thwart Islamic State’s (IS, formerly ISIS) march across Syria and Iraq…did nothing.
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The Iraqis have shot back. Key MP Hakim al-Zamili blames Ramadi’s collapse on the US’s failure to provide “good equipment, weapons and aerial support” to troops. Deputy Prime Minister Saleh Mutlaq, himself a Sunni from Anbar Province, concluded that the Americans were coming up short in all areas. “The Coalition airstrikes are not enough to eliminate IS.” Furthermore, the US policy of recruiting Sunni tribes for the fight, he added, was “too late” – it is “important but not enough.” If ever there was an understatement, this is it. Washington’s long-stated objective of rallying together a vetted Sunni fighting force – or its equivalent in the form of a National Guard – has always served as a placeholder to avoid facing realities.
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One thing we have learned from IS gains in small and large Sunni towns alike, is that the extremist group prides itself on sleeper cells and alliances inside of these areas. Sunni tribes and families, both, are divided on their support of IS. And the militants ensure that everyone else falls in line through a brutal campaign of inflicting fear and pain indiscriminately. So the likelihood of a significant, anti-IS, well-trained and equipped Sunni fighting force emerging anytime soon is just about nil. So too is the idea of a US-led Coalition air force that can cripple Islamic State. Washington has run fewer sorties over Syria and Iraq in the nine months since inception of its air campaign, than Israel ran in its entire three-week Gaza blitz in 2008-09. Where were the American bombers when Ramadi and Palmyra were being taken? And why does the US Air Force only seem to engage in earnest when their Kurdish allies are being threatened – as in Kobani (Ain al-Arab), Syria, and Erbil in Iraq?
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If actions speak louder than words, then Washington’s moves in the Mideast have been deafening. Forget talk of a ‘unified Iraq’ with a ‘strong central government’. And definitely forget loudly-proclaimed objectives of ‘training moderate forces’ to ‘fight off IS’ across the Jordanian and Turkish borders in Syria. That’s just talk. An objective look at US interests in the region paint an entirely different picture. The Americans seek to maintain absolute hegemony in the Mideast, even as they exit costly military occupations of Iraq and Afghanistan. Their primary interests are 1) access to low cost oil and gas, 2) propping up Israel, and more recently, 3) undermining Russian (and Chinese) influence in the region. Clinging on to hegemony would be a whole lot easier without the presence of a powerful, independent Islamic Republic of Iran, which continues to throw a wrench in many of Washington’s regional projects. So hegemony is somewhat dependent on weakening Iran – and its supportive alliances.
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But why ignore Sunni groups who are unreservedly opposed to IS? Aren’t they America’s natural constituents inside Iraq? The Takfiri extremist groups serve a purpose for Washington. IS has had the ability – where competing Sunni factions, with their ever-growing lists of demands from Baghdad, have not – to transform the US’ ‘buffer’ project into a physical reality. And Washington has not needed to expend blood, treasure or manpower to get the job done.
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You only have to look at recent US actions in Iraq to see this unspoken plan in action. Washington’s most intensive airstrikes to date were when Kurdish Erbil and its environs came under threat by ISIS.Washington’s most intensive airstrikes to date were when Kurdish Erbil and its environs came under threat by ISIS. Congress has breached all international norms by ushering through legislation to directly arm Sunni and Kurdish militias and bypass the central government in Baghdad. And despite endless promises and commitments, the Americans have failed at every hurdle to train and equip the Iraqi Army and security forces to do anything useful. A weak, divided Iraq can never become a regional powerhouse allied with Iran and the Resistance Axis. Likewise a weak, divided Syria. But without US control over these central governments, the only way to achieve this is 1) through the creation of sectarian and ethnic strife that could carve out pro-US buffers inside the ‘Resistance states’ and/or 2) through the creation of a hostile ‘Sunni buffer’ to break this line from Iran to Palestine.
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General Walid Sukariyya, a Sunni, pro-resistance member of Lebanon’s parliament, agrees. “ISIS will be better for the US and Israel than having a strong Iran, Iraq and Syria…If they succeed at this, the Sunni state in Iraq will split the resistance from Palestine.” While Washington has long sought to create a buffer in Iraq on the Syrian border, it has literally spent years trying – and failing – to find, then mold, representative Sunni Iraqi leaders who will comfortably toe a pro-American line. An example of this is the Anbar delegation US General John Allen handpicked last December for a DC tour, which excluded representatives of the two most prominent Sunni tribes fighting IS in Iraq – the Albu Alwan and Albu Nimr. A spokesman for the tribes, speaking to Al-Jarida newspaper, objected at the time: “We are fighting ISIL and getting slaughtered, while suffering from a shortage of weapons. In the meantime, others are going to Washington to get funds and will later be assigned as our leaders.”
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With the removal of Saddam Hussein in Iraq, the US inadvertently extended Iran’s arc of influence in a direct geographic line to Palestine, leaving the Israeli colonial project vulnerable. Former President George W. Bush immediately took on the task of destroying this Resistance Axis by attempting to neuter Iranian allies Hezbollah, Syria and Hamas – and failed. The Arab Spring presented a fresh opportunity to regroup: the US and its Turkish and Persian Gulf allies swung into action to create conditions for regime-change in Syria. The goal? To break this geographic line from Iran – through Iraq, Syria and Lebanon – to Palestine. When regime-change failed, the goalpost moved to the next best plan: dividing Syria into several competing chunks, which would weaken the central state and create a pro-US ‘buffer’ along the border with Israel. Weakening the central government in Iraq by dividing the state along Kurdish, Sunni and Shiite lines has also been a priority for the Americans.
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The DIA brief makes clear that the escalation of conflict in Syria will create further sectarianism and radicalization, which will increase the likelihood of an ‘Islamic State’ on the Syrian-Iraqi border, one that would likely be manned by the Islamic State of Iraq (ISI). So what did Washington do when it received this information? It lied. Less than one month after the DIA report was published, US Secretary of State John Kerry told the Senate Foreign Relations Committee this about the Syrian opposition: “I just don’t agree that a majority are Al-Qaeda and the bad guys. That’s not true. There are about 70,000 to 100,000 oppositionists … Maybe 15 percent to 25 percent might be in one group or another who are what we would deem to be bad guys…There is a real moderate opposition that exists.” Using the fabricated storyline of ‘moderate rebels’ who need assistance to fight a ‘criminal Syrian regime’, the US government kept the Syrian conflict buzzing, knowing full well the outcome would mean the establishment of a Sunni extremist entity spanning the Syrian-Iraqi border…which could cripple, what the Americans call, “the strategic depth of the Shia expansion.”As US Council on Foreign Relations member and terrorism analyst Max Abrahms conceded on Twitter: “The August 5, 2012 DIA report confirms much of what Assad has been saying all along about his opponents both inside & outside Syria.”
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Since last year, numerous Iraqi officials have complained about the US airdropping weapons to IS – whether deliberately or inadvertently remains disputed. Military sources, on the other hand, have made clear that the US-led Coalition ignores many of the Iraqi requests for air cover during ground operations. If the US isn’t willing to play ball in Iraq’s existential fight against IS, then why bother with the Americans at all? Iraqi Prime Minister Haider al-Abadi is viewed as a ‘weak’ head of state – a relatively pro-American official who will work diligently to keep a balance between US interests and those of Iraq’s powerful neighbor, Iran. But after the disastrous fall of Ramadi, and more bad news from inside Syria, Abadi has little choice but to mitigate these losses, and rapidly. The prime minister has now ordered the engagement of thousands of Hashd al-Shaabi (Shiite paramilitary groups, commonly known as the Popular Mobilization Forces) troops in the Anbar to wrest back control of Ramadi. And this – unusually – comes with the blessings of Anbar’s Sunni tribes who voted overwhelmingly to appeal to the Hashd for military assistance.
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Joining the Hashd are a few thousand Sunni fighters, making this a politically palatable response. If the Ramadi operation goes well, this joint Sunni-Shiite effort (which also proved successful in Tikrit) could provide Iraq with a model to emulate far and wide. The recent losses in Syria and Iraq have galvanized IS’ opponents from Lebanon to Iran to Russia, with commitments pouring in for weapons, manpower and funds. If Ramadi is recovered, this grouping is unlikely to halt its march, and will make a push to the Syrian border through IS-heavy territory. There is good reason for this: the militants who took Ramadi came across the Syrian border – in full sight of US reconnaissance capabilities. A senior resistance state official told me earlier this year: “We will not allow the establishment of a big (extremist) demographic and geographic area between Syria and Iraq. We will work to push Syrian ISIS inside Syria and Iraqi ISIS inside Iraq.”
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Right now, the key to pushing back Takfiri gains inside Syria’s eastern and northwestern theaters lies in the strengthening of the Iraqi military landscape. And an absolute priority will be in clearing the IS ‘buffer’ between the two states. Eighteen months ago, in an analysis about how to fight jihadist militants from the Levant to the Persian Gulf, I wrote that the solution for this battle will be found only within the region, specifically from within those states whose security is most compromised or under threat: Lebanon, Syria, Iraq and Iran. I argued that these four states would be forced to increase their military cooperation as the battles intensified, and that they would provide the only ‘boots on the ground’ in this fight. And they will. But air cover is a necessary component of successful offensive operations, even in situations of unconventional warfare. If the US and its flimsy Coalition are unable or unwilling to provide the required reconnaissance assistance and the desired aerial coverage, as guided by a central Iraqi military command, then Iraq should look elsewhere for help.
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Iran and Russia come to mind – and we may yet get there. Iraq and Syria need to merge their military strategies more effectively – again, an area where the Iranians and Russians can provide valuable expertise. Both states have hit a dangerous wall in the past few weeks, and the motivation for immediate and decisive action is high today. Lebanese resistance group Hezbollah is coming into play increasingly as well – its Secretary-General Hassan Nasrallah has recently promised that Hezbollah will no longer limit itself geographically, and will go where necessary to thwart this Takfiri enemy. The non-state actors that make up the jihadist and Takfiri core cannot be beaten by conventional armies, which is why local militias accustomed to asymmetric warfare are best suited for these battles. Criticizing the US’s utterly nonexistent response to the Ramadi debacle yesterday, Iran’s elite Quds Force Commander Qassem Suleimani points out: “Today, there is nobody in confrontation with [IS] except the Islamic Republic of Iran, as well as nations who are next to Iran or supported by Iran.” The Iranians have become central figures in the fight against terror, and are right next door to it – as opposed to Washington, over 6,000 miles away.
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If the US has any real commitment to the War on Terror, it should focus on non-combat priorities that are also essential to undermine extremism: 1) securing the Turkish and Jordanian borders to prevent any further infiltration of jihadists into Syria and Iraq, 2) sanctioning countries and individuals who fund and weaponize the Takfiris, most of whom are staunch US allies, now ironically part of the ‘Coalition’ to fight IS, and 3) sharing critical intelligence about jihadist movements with those countries engaged in the battle. It is time to cut these losses and bring some heavyweights into this battle against extremism. If the US-directed Coalition will not deliver airstrikes under the explicit command of sovereign states engaged at great risk in this fight, it may be time to clear Iraqi and Syrian airspace of coalition jets, and fill those skies with committed partners instead.
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Related documentation: DIA Doc Syria and Iraq:_ Pg.-291-Pgs.-287-293-JW-v-DOD-and-State-14-812-DOD-Release-2015-04-10-final-version11.
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Paul Merrell on 28 May 15

Woh! Things definitely coming to an inflexion point in Syria and Iraq. This is a reprint from RT.com, the Russian video and web page news service. The hint of direct and overt military action by Russia and Iran should not be ignored. The U.S. is sandbagging for ISIL and al Nusiryah.

<div class="cArrow"> </div><div class="cContentInner">Woh! Things definitely coming to an inflexion point in Syria and Iraq. This is a reprint from RT.com, the Russian video and web page news service. The hint of direct and overt military action by Russia and Iran should not be ignored. The U.S. is sandbagging for ISIL and al Nusiryah. </div>

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Canadian Spies Collect Domestic Emails in Secret Security Sweep - The Intercept - 0 views

firstlook.org/...ony-express-email-surveillance

surveillance state Canada CSE bulk-collection email

shared by Paul Merrell on 27 Feb 15 - No Cached

Canada’s electronic surveillance agency is covertly monitoring vast amounts of Canadians’ emails as part of a sweeping domestic cybersecurity operation, according to top-secret documents. The surveillance initiative, revealed Wednesday by CBC News in collaboration with The Intercept, is sifting through millions of emails sent to Canadian government agencies and departments, archiving details about them on a database for months or even years. The data mining operation is carried out by the Communications Security Establishment, or CSE, Canada’s equivalent of the National Security Agency. Its existence is disclosed in documents obtained by The Intercept from NSA whistleblower Edward Snowden. The emails are vacuumed up by the Canadian agency as part of its mandate to defend against hacking attacks and malware targeting government computers. It relies on a system codenamed PONY EXPRESS to analyze the messages in a bid to detect potential cyber threats.
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Last year, CSE acknowledged it collected some private communications as part of cybersecurity efforts. But it refused to divulge the number of communications being stored or to explain for how long any intercepted messages would be retained. Now, the Snowden documents shine a light for the first time on the huge scope of the operation — exposing the controversial details the government withheld from the public. Under Canada’s criminal code, CSE is not allowed to eavesdrop on Canadians’ communications. But the agency can be granted special ministerial exemptions if its efforts are linked to protecting government infrastructure — a loophole that the Snowden documents show is being used to monitor the emails. The latest revelations will trigger concerns about how Canadians’ private correspondence with government employees are being archived by the spy agency and potentially shared with police or allied surveillance agencies overseas, such as the NSA. Members of the public routinely communicate with government employees when, for instance, filing tax returns, writing a letter to a member of parliament, applying for employment insurance benefits or submitting a passport application.
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Chris Parsons, an internet security expert with the Toronto-based internet think tank Citizen Lab, told CBC News that “you should be able to communicate with your government without the fear that what you say … could come back to haunt you in unexpected ways.” Parsons said that there are legitimate cybersecurity purposes for the agency to keep tabs on communications with the government, but he added: “When we collect huge volumes, it’s not just used to track bad guys. It goes into data stores for years or months at a time and then it can be used at any point in the future.” In a top-secret CSE document on the security operation, dated from 2010, the agency says it “processes 400,000 emails per day” and admits that it is suffering from “information overload” because it is scooping up “too much data.” The document outlines how CSE built a system to handle a massive 400 terabytes of data from Internet networks each month — including Canadians’ emails — as part of the cyber operation. (A single terabyte of data can hold about a billion pages of text, or about 250,000 average-sized mp3 files.)
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The agency notes in the document that it is storing large amounts of “passively tapped network traffic” for “days to months,” encompassing the contents of emails, attachments and other online activity. It adds that it stores some kinds of metadata — data showing who has contacted whom and when, but not the content of the message — for “months to years.” The document says that CSE has “excellent access to full take data” as part of its cyber operations and is receiving policy support on “use of intercepted private communications.” The term “full take” is surveillance-agency jargon that refers to the bulk collection of both content and metadata from Internet traffic. Another top-secret document on the surveillance dated from 2010 suggests the agency may be obtaining at least some of the data by covertly mining it directly from Canadian Internet cables. CSE notes in the document that it is “processing emails off the wire.”
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Paul Merrell on 27 Feb 15

" CANADIAN SPIES COLLECT DOMESTIC EMAILS IN SECRET SECURITY SWEEP BY RYAN GALLAGHER AND GLENN GREENWALD @rj_gallagher@ggreenwald YESTERDAY AT 2:02 AM SHARE TWITTER FACEBOOK GOOGLE EMAIL PRINT POPULAR EXCLUSIVE: TSA ISSUES SECRET WARNING ON 'CATASTROPHIC' THREAT TO AVIATION CHICAGO'S "BLACK SITE" DETAINEES SPEAK OUT WHY DOES THE FBI HAVE TO MANUFACTURE ITS OWN PLOTS IF TERRORISM AND ISIS ARE SUCH GRAVE THREATS? NET NEUTRALITY IS HERE - THANKS TO AN UNPRECEDENTED GUERRILLA ACTIVISM CAMPAIGN HOW SPIES STOLE THE KEYS TO THE ENCRYPTION CASTLE Canada's electronic surveillance agency is covertly monitoring vast amounts of Canadians' emails as part of a sweeping domestic cybersecurity operation, according to top-secret documents. The surveillance initiative, revealed Wednesday by CBC News in collaboration with The Intercept, is sifting through millions of emails sent to Canadian government agencies and departments, archiving details about them on a database for months or even years. The data mining operation is carried out by the Communications Security Establishment, or CSE, Canada's equivalent of the National Security Agency. Its existence is disclosed in documents obtained by The Intercept from NSA whistleblower Edward Snowden. The emails are vacuumed up by the Canadian agency as part of its mandate to defend against hacking attacks and malware targeting government computers. It relies on a system codenamed PONY EXPRESS to analyze the messages in a bid to detect potential cyber threats. Last year, CSE acknowledged it collected some private communications as part of cybersecurity efforts. But it refused to divulge the number of communications being stored or to explain for how long any intercepted messages would be retained. Now, the Snowden documents shine a light for the first time on the huge scope of the operation - exposing the controversial details the government withheld from the public. Under Canada's criminal code, CSE is no

<div class="cArrow"> </div><div class="cContentInner">" CANADIAN SPIES COLLECT DOMESTIC EMAILS IN SECRET SECURITY SWEEP BY RYAN GALLAGHER AND GLENN GREENWALD @rj_gallagher@ggreenwald YESTERDAY AT 2:02 AM SHARE TWITTER FACEBOOK GOOGLE EMAIL PRINT POPULAR EXCLUSIVE: TSA ISSUES SECRET WARNING ON 'CATASTROPHIC' THREAT TO AVIATION CHICAGO'S "BLACK SITE" DETAINEES SPEAK OUT WHY DOES THE FBI HAVE TO MANUFACTURE ITS OWN PLOTS IF TERRORISM AND ISIS ARE SUCH GRAVE THREATS? NET NEUTRALITY IS HERE - THANKS TO AN UNPRECEDENTED GUERRILLA ACTIVISM CAMPAIGN HOW SPIES STOLE THE KEYS TO THE ENCRYPTION CASTLE Canada's electronic surveillance agency is covertly monitoring vast amounts of Canadians' emails as part of a sweeping domestic cybersecurity operation, according to top-secret documents. The surveillance initiative, revealed Wednesday by CBC News in collaboration with The Intercept, is sifting through millions of emails sent to Canadian government agencies and departments, archiving details about them on a database for months or even years. The data mining operation is carried out by the Communications Security Establishment, or CSE, Canada's equivalent of the National Security Agency. Its existence is disclosed in documents obtained by The Intercept from NSA whistleblower Edward Snowden. The emails are vacuumed up by the Canadian agency as part of its mandate to defend against hacking attacks and malware targeting government computers. It relies on a system codenamed PONY EXPRESS to analyze the messages in a bid to detect potential cyber threats. Last year, CSE acknowledged it collected some private communications as part of cybersecurity efforts. But it refused to divulge the number of communications being stored or to explain for how long any intercepted messages would be retained. Now, the Snowden documents shine a light for the first time on the huge scope of the operation - exposing the controversial details the government withheld from the public. Under Canada's criminal code, CSE is no</div>

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