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Paul Merrell

The NSA's SKYNET program may be killing thousands of innocent people | Ars Technica UK - 0 views

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    Gack! We have lunatics running our government. 
Paul Merrell

Presence of U.S. Nuclear Weapons in Okinawa - 0 views

  • Also posted today are recently released CIA documents containing bogus information about Iraq’s nuclear programs
  • Two CIA reports on Iraq and its weapons activities produced during the months after 9/11; the CIA had denied both in their entirety. Neither treated Iraq as a significant threat, but both made claims which would become part of the justification for the 2003 war: that Iraq 1) had acquired aluminum tubes for gas centrifuges and 2) had deployed mobile biological laboratories, claims which were later disproven.
  • Documents 5A-B: Iraq through CIA Eyes after 9/11 A: Central Intelligence Agency, “The Iraq Threat,” 15 December 2001, SPWR [Senior Publish When Ready] 12501-07, Top Secret, excised copy B: Central Intelligence Agency, Senior Executive Memorandum [SEM], “In Response to a query about the status of Iran’s nuclear program,” 11 January 2002, Top Secret, excised copy Source: MDR request to CIA These two high-level CIA assessments from late 2001 and early 2002 demonstrate the lack of solid intelligence regarding Iraq’s WMD programs during the run-up to the 2003 war in Iraq.[3] There was a marked gap between the empirical information which the CIA could report, and be certain about, and the threat assessments which analysts were tasked to produce. Worst-case outcomes are proposed, then quickly undermined by admitting the lack of any intelligence to support doomsday scenarios. “The worst case scenario is illicit acquisition of sufficient fissile material, uranium or plutonium, to allow Baghdad to produce a crude nuclear weapon within a year. CIA has not detected a dedicated Iraqi effort to obtain fissile material from another government or on the black market but Baghdad could be expected to entertain any offers it deems credible” [SEM].
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  • The memoranda also indicate a significant disparity between what was probable, and what was feared. The analysts were most confident assessing that Saddam Hussein could be developing nuclear capabilities in just under ten years. Iraq might produce a “nuclear weapon, potentially late this decade,” the SEM notes. The SPWR, on the other hand, concludes: “Iraq is trying to jump-start a clandestine uranium enrichment program to produce the fissile material for a weapon, potentially by late this decade.” Those assessments were produced in the shadow of the failure of U.S. intelligence to detect Saddam Hussein’s clandestine nuclear program before the Gulf War. CIA analysts were hesitant to conclude that Iraq was not an immediate threat, yet they had little evidence indicating the existence of an Iraqi nuclear program that genuinely posed a hazard. “Saddam never abandoned his nuclear weapons program, but reporting on Iraqi efforts to revive it is limited. Iraq continues to employ effective denial and deception measures and there are no indicators that Baghdad has embarked on an extensive nuclear weapons effort as it did before the Gulf War” [SEM]. The released paragraphs addressing Iraq’s support of terrorism failed to mention al-Qaeda, surprising in light of claims from Bush Administration officials that Iraq was linked to terrorism and September 11. The Senior Executive Memorandum notes: “Baghdad has reduced its reliance on surrogates, preferring instead to use its own intelligence services for sensitive terrorist operations,” making a connection to non-Iraqi terrorist groups, including al-Qaeda, doubtful. Within Iraq, the 2001 memo notes how Saddam maintained a “multilayered and pervasive security apparatus.” The underground networks were critical to the anti-American insurgency that developed following the 2003 U.S. invasion, fragments of which have since evolved into the Islamic State. 
  • Despite their equivocal findings, these reports are evidence of the intelligence failure which contributed to the U.S. war. For example, CIA analysts linked the procurement of aluminum tubes to the potential development of centrifuges for uranium enrichment – an assertion later seized on by top officials as evidence that Iraq was trying to reconstitute its nuclear weapons program. Interestingly, intelligence analysts at the Department of Energy disagreed with this CIA contention, instead assessing that the aluminum tubes in question were much more likely intended for more benign purposes. However this disagreement did not appear to receive a full vetting during the lead-up to the 2003 war. Just as dubious were the CIA statements about mobile biological warfare laboratories, information that can be traced back to the notorious dissembler Curveball.
Paul Merrell

Judge rules in favor of Apple in key case involving a locked iPhone - The Washington Post - 0 views

  • A federal judge in New York ruled in favor of Apple on Monday, saying that an obscure Colonial-era law did not authorize him to force the firm to lift data from an iPhone at the government’s request. The ruling is not binding in any other court, but it takes on an outsize importance as the U.S. government battles Apple in a separate case in California over whether the tech firm should help unlock a phone used by one of the shooters in the San Bernardino terrorist attack in December. The two cases involve different versions of iPhone’s operating system and vastly different requests for technical help, but they both turn on whether a law from 1789 known as the All Writs Act can be applied to cases in which the government cannot get at encrypted data stored on suspects’ devices. Magistrate Judge James Orenstein in Brooklyn, who sits in the Eastern District of New York, has become the first federal judge to rule that the act does not permit a court to order companies to pull encrypted data off a customer’s phone or tablet.
  • In a 50-page opinion disdainful of the government’s arguments, Orenstein found that the All Writs Act does not apply in instances where Congress had the opportunity but failed to create an authority for the government to get the type of help it was seeking, such as having firms ensure they have a way to obtain data from encrypted phones.
  • He wrote that the government’s interpretation of the 200-year-old law was “absurd” in that it would authorize what they were seeking even if every member of Congress had voted against granting such authority. It would, he added, undermine “the more general protection against tyranny that the Founders believed required the careful separation of governmental powers.” [Read the magistrate’s order in favor of Apple] He also found that ordering Apple to help the government by extracting data from the iPhone — which belonged to a drug dealer — would place an unreasonable burden on the company. None of the factors he reviewed in the case, Orenstein said, “justifies imposing on Apple the obligation to assist the government’s investigation against its will.”
Paul Merrell

A Readers' Guide to the Apple All Writs Act Cases | Just Security - 0 views

  • The last few weeks and months have been awash in media coverage of two cases before magistrate judges involving the federal government seeking to use the All Writs Act to compel Apple’s cooperation with ongoing criminal investigations. The older case, in the Eastern District of New York, involves a drug case where the phone’s owner has pleaded guilty to the charges against him. The more recent case, in the Central District of California, involves an iPhone used by Syed Farook, one of the alleged San Bernardino shooters. While the two cases involve different different phone models, operating systems, alleged crimes, and legal postures, they touch on similar questions related to the scope of the All Writs Act. In an attempt to create a one-stop shop for our coverage and the related documents and some useful sources, we’ve compiled this readers’ guide. We will update it as the cases progress to include the latest filings and posts, so check back for more as things unfold.
Paul Merrell

Erdogan Blackmails NATO Allies - 0 views

  • You know the country has really gone to the dogs when Washington’s main allies in its war on Syria are the two biggest terrorist incubators on the planet. I’m talking about Saudi Arabia and Turkey, both of which are run by fanatical Islamic zealots devoted to spreading violent jihad to the four corners of the earth. Not that the US doesn’t have blood on its hands too. It does, but that’s beside the point.
  • Four and half years later, the place is a worse mess than Iraq.  Half the population is either dead or internally displaced, the civilian infrastructure is a shambles, and nothing has been achieved. Nothing.  Assad is safely tucked away in Damascus, the jihadi proxies are on the run, and everyone hates the US more than ever. Great plan, eh? Where’s the downside? The downside is that now Washington finds itself backed against the wall with precious  few options that don’t involve a direct confrontation with Moscow.
  • These developments have forced Washington into a fallback position that will likely entail air-support for Turkish ground forces who will be deployed to Northern Syria to take and hold area sufficient for a “safe zone”, which is an innocuous sounding moniker the media invokes to conceal the fact that Turkey plans to annex sovereign Syrian territory which, by the way, is an act of war. Now fast-forward to last week:
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  • Some readers may have noticed disturbing headlines like this in the Wall Street Journal: “U.S. Urges Turkey to Seal Border” Or this Reuters piece that popped up on Monday:  “NATO allies act to strengthen Turkey’s air defenses” Why, you may ask, does Obama want Turkey to close the border now when the horse has already left the barn? What I mean is that the White House has known for over 3 years that the bulk of the jihadis were transiting Turkey on their way  to Syria, just like they knew that ISIS’s oil was being transported across Turkey.
  • So why is it so urgent to close the border now, after all, the damage is already done, right? Could it have something to do with the fact that Putin’s legions are moving north to seal the border? Could there be an alternate objective, for example, could the US and Turkey be setting the stage for an incursion into Syria that would secure the land needed for the glorious safe zone? That’s what most of the analysts seem to think, at least the ones that haven’t been coopted by the mainstream media. But why is NATO suddenly getting involved? What’s that all about? After all, Putin was reluctant to even commit his airforce to the Syrian conflict. It’s not like he’s planning to invade Turkey or something, right?
  • So, what’s really going on? For that, we turn to Moon of Alabama that provides this excellent summary in a recent post titled:  “The Real “Terrorist Sympathizers” Want To Wage War On Syria … And Russia”. Here’s an excerpt:  “Who initiated this sudden rush within major NATO governments to get parliamentary blank checks for waging a long war on Syria? Not only in the UK but also in France and Germany? The German government turned on a dime from “no military intervention in Syria ever” to “lets wage a war of terror on Syria” without any backing from the UN or international law. .. Who initiated this? A simple, medium size terror attack in Paris by some Belgians and French can not be the sole reason for this stampede. Did Obama call and demand support for his plans? What are these? I smell that a trap is being laid, likely via a treacherous Turkey, to somehow threaten Russia with, or involve it in, a wider war. This would include military attacks in east-Ukraine or Crimea as well as in Syria. Obama demanded European backing in case the issue gets out of hand. No other reason I have found explains the current panic. The terrorists the “west” supports in Syria are in trouble. The real terrorist sympathizers need to rush to their help. It is a start of all-out war on Syria and its Russian protectors.” (“Terrorist Sympathizers” Want To Wage War On Syria … And Russia“, Moon of Alabama)
  • Is that what’s going on? Has Turkish President Erdogan figured out how to hoodwink the NATO allies into a confrontation with Russia that will help him achieve his goal of toppling  Assad and stealing Syrian territory? It’s hard to say, but clearly something has changed,  after all, neither France, nor Germany nor the UK were nearly as gung-ho just a few weeks ago. Now they’re all hyped-up and ready for WW3. Why is that? Ahh, Grasshopper, that is the mystery, a mystery that was unraveled in an op-ed that appeared in the Tuesday edition of the Turkish newspaper Hurriyet Daily News. Here’s the excerpt: “The increase in military cooperation within NATO countries against ISIL and the piling up of NATO forces near Turkey’s border with Syria take place in parallel with the recent deal between Ankara and the Brussels over Syrian refugees and the re-activation of Turkey’s EU accession bid.” ….(“Western forces pile up on Turkey-Syria border“, Hurriyet)
  • Okay, so Erdogan worked out a deal with the other NATO countries. Why is that such a big deal? Well, check out this blurb from the Today’s Zaman:  “Erdogan’s advisor, Burhan Kuzu, summed it up even more succinctly saying: “The EU finally got Turkey’s message and opened its purse strings. What did we say? ‘We’ll open our borders and unleash all the Syrian refugees on you,’” Kuzu stated in his controversial tweet… ” (“EU bows to Turkey’s threat on refugees says Erdoğan advisor“, Today’s Zaman) Blackmail? Is that what we’re talking about, blackmail? It sure sounds like it. Let’s summarize: Erdogan intentionally releases tens of thousands of Syrian refugees into Europe to put pressure on EU politicians who quickly lose the support of their people and face the meteoric rise of right wing parties. And then, the next thing you know, Merkel, Hollande and every other EU leader is looking to cut a deal with Erdogan to keep the refugees in Turkey. Isn’t that how it all went down? Except we’re missing one important factoid here, because according to the first op-ed “The increase in military cooperation within NATO… and the piling up of NATO forces near Turkey’s border”…took  place in parallel with the deal between Ankara and the Brussels.”
  • Get it? So there was a quid pro quo that no one wants to talk about.  In other words, Germany, France and the UK agreed to support Erdogan’s loony plan to conduct military operations in Syria, risking a serious dust-up with Russia, in order to save their own miserable political careers. Boy, if that doesn’t take the cake, than I don’t know what does.
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    A must-read. Mike Whitney usually gets things right, although I'm not certain he's called this one correctly. On the other hand, he's not alone among close watchers who are predicting imminent war against Russia in Syria. The neocons and neolibs in Congress are screaming for it to happen because they see the U.S. getting edged out the Mideast by Russia. And NATO is definitely moving its forces in a direction that would enable that war and a second one in Ukraine. So as I see it, it's either posturing or a serious plan to go to war with Russia outside Russian territory. Think along the lines of a Korean War scenario, with Russia taking the place of China.   
Paul Merrell

Palestinian Legislator Jarrar Sentenced To 15 Months - nsnbc international | nsnbc inte... - 0 views

  • An Israeli court sentenced, Sunday, democratically-elected leftist Palestinian legislator, and a senior political leader of the Popular Front for the Liberation of Palestine (PFLP), Khalida Jarrar to 15 months imprisonment.
  • The army kidnapped the legislator on April 2nd of this year, and on April 5th, she was sentenced for six months imprisonment, under arbitrary Administrative Detention orders, without charges. On April 15, the Israeli military prosecutor’s office filed an indictment of twelve charges against Khalida Jarrar, including what it called “membership in an illegal organization,” in addition to “holding and participating in protests” in solidarity with Palestinian political prisoners. The PFLP denounced the ruling and said it shows the unjust, chaotic and arbitrary nature of Israeli courts and the legal system in dealing with Palestinian political prisoners. The PFLP reiterated its firm stance in not recognizing Israeli military courts, as they are part of the illegal occupation of Palestine. It also demanded referring the file of all detained legislators to the United Nations, in addition to calling for an urgent meeting of the Security Council to discuss the issues of Palestinian political prisoners, including detained women facing constant violations.
  • “Israel is deliberately targeting elected and senior political leaders of various factions in Palestine,” the PFLP said, “Jarrar is an important political figure, a symbol for steadfastness and determination; she always held her head high and challenged the Israeli abuse and violations.” The PFLP also stated that Israel is trying to increase its pressure, and is escalating its violations, against Palestinian women, holding important roles in leading the national struggle against the occupation.
Paul Merrell

France likely to close more than 100 mosques - Al Jazeera English - 0 views

  • France is likely to close up to 160 mosques in the coming months as part of a nationwide police operation under the state of emergency which allows places of worship that promote radical views to be shut down, one of the country's chief imams has said.
  • Following news that three mosques have already been closed since the November 13 attacks on the capital, Hassan El Alaoui, who is in charge of nominating regional and local Muslim imams and mediating between the imams and prison officials, told Al Jazeera on Wednesday that more were set to be shut. "According to official figures and our discussions with the interior ministry, between 100 and 160 more mosques will be closed because they are run illegally without proper licenses, they preach hatred, or use takfiri speech," he said. Takfiris are classified as Muslims who accuse others of the same faith of apostasy, an act which has become a sectarian slur.
  • The recent mosque closures, he added, were made under "a legal act that the authorities have" and must have happened because "of some illegal things that they found". The imam also rejected those suspected of carrying out the suicide bomb and gun attacks, which left 130 people dead, as "terrorists". "Those terrorists are a bunch of thieves and drug dealers that wore religious clothing," he said. "The whole issue is not about Muslims, but about terrorists. It's an issue of security for everyone." There are a total of 2,600 mosques in France, El Alaoui said.
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    Freedom of religion falls prey to Islamaphobia in France. 
Paul Merrell

Turkey Vows No More Troops in Iraq Without Baghdad Approval - Bloomberg Business - 0 views

  • Turkey backtracked on a plan to send more troops into Iraq to support its allies there, after the government in Baghdad said it would appeal to the United Nations to force their withdrawal.
  • Turkish Prime Minister Ahmet Davutoglu told his Iraqi counterpart Haider al-Abadi that Turkey would take no steps that would violate Iraq’s sovereignty or territorial unity, according to an e-mailed statement from his office. Earlier Sunday, Turkish officials had said Iraq invited Turkey to send troops to train local forces combating Islamic State militants. Abadi responded by threatening to take the issue to the UN Security Council. The U.S. also opposed the Turkish deployment. “Our prime minister has stressed in his letter that there will be no transfer of forces to Bashiqa until the sensitivities of the Iraqi government are addressed,” Davutoglu’s office said in the statement. Davutoglu briefed his Iraqi counterpart on the deployed Turkish troops’ training mission, according to the statement, which didn’t specify whether they would be withdrawn.The U.S. opposes any military deployment inside Iraq that doesn’t come with the consent of the Iraqi government, a U.S. official said on condition of anonymity.
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    Not mentioned here but Turkey also said it would not withdraw any of the troops it recently sent into Iraq.
Paul Merrell

Americans Fear "Phantom Terrorist Threat". 70% Consider "ISIS A Major Threat" | Global ... - 0 views

  • Fear-mongering gets most people to believe a phantom terrorist threat exists. State-sponsored false flags like 9/11 (the mother of them all), Paris in mid-November and most recently San Bernardino, make it easy to manipulate an uninformed public to support policies demanding condemnation. As long as most people rely on television for so-called news and information, they’ll remain mindless that terrorists “R” us. US intelligence covertly supports Al Qaeda and its affiliated entities. New York Times/CBS polling data show pre-Paris and San Bernardino, only 4% of Americans called terrorism the nation’s top problem. Now it’s 19%. Chances of a significant terrorist attack on US soil (a real one, not a false flag) is near zero. Public opinion believes otherwise. Asked in The Times/CBS poll “how likely is a terror attack in the US,” 44% said very, 35% somewhat, and only 17% not too likely or not at all.
  • These numbers are the highest registered since since the post-9/11 October 1, 2001 Times/CBS poll. Asked the same question about the likelihood of a terrorist attack in America, 53% of respondents said very, 35% somewhat, and only 10% not too likely or not at all. Fear-mongering aided by false flags works. Instead of focusing on real issues like protracted Main Street Depression conditions, poverty and the threat of possible nuclear war, most people  nonsensically believe a phantom terrorist threat is likely or somewhat likely – not realizing they’ve been duped to support an agenda harming their welfare and security. For the first time since 2006 (before the 2008 financial crisis, creating protracted Main Street Depression conditions), most Americans fear a terrorist attack on US soil – either homegrown (63%) or originating from abroad (59%), clear evidence of public ignorance and the power of propaganda to manipulate people effectively. Nearly 70% of Americans consider ISIS a major threat. Only 11% say not at all – the public mindless about US responsibility for creating the terror group and others like it, used as imperial foot soldiers. Only one-fourth of Americans think the fight against ISIS is going well or somewhat well – not realizing Washington supports what it claims to oppose, or understanding US imperial wars caused the greatest refugee crisis since WW II.
  • The public is evenly divided on whether to let displaced Syrians enter America – even after a careful vetting process to screen out threats. Post-San Bernardino, Obama’s approval rating on combating terrorism sunk to 34%, a record low. 57% of Americans disapprove of how he’s handling the issue, a record high. Two-thirds of Democrats support him, compared to 90% of Republicans and 60% of independents against. His overall approval rating is 44% – astonishing it’s not much lower given how gravely he’s affected the welfare of the vast majority of Americans. Only 24% believe the country is headed in the right direction. The Times/CBS poll was conducted from December 4 – 8 among a random sample of 1,275 adults nationwide.
Paul Merrell

How anti-Muslim are Americans? Data points to extent of Islamophobia | US news | The Gu... - 0 views

  • Who exactly was Donald Trump appealing to when he called on Monday for a “total and complete shutdown of Muslims entering the United States”? Quite a few people, according to a YouGov poll conducted earlier this year which found that 55% of surveyed Americans had an “unfavorable” opinion of Islam. Looking more closely at those respondents, Islamophobic sentiments are more common among Americans who are 45 and older, those who are Republican and those who are white.
  • Attitudes toward Islam and attitudes toward Muslims should be considered separately – however, studies suggests that the two overlap considerably, as many people fail to distinguish between the two. In 2014, Pew Research Center published a large study about American attitudes towards individuals of different faiths. Over 3,000 US respondents were asked to rate members of religious groups using a “feeling thermometer” that ranged from 0 to 100: 0 indicated the coldest, most negative possible rating and 100 the warmest, most positive rating. Muslims scored just 40. That score excludes Muslim respondents’ views about other Muslims. The only other group to fare similarly badly were atheists as rated by religious respondents – they too scored 40. There is however an important difference between those two scores: there are far more atheists in America than there are Muslims. Since the Census Bureau is prohibited by law from asking about religious affiliation, Pew surveys are the main source on America’s religious makeup. Their 2015 data shows that 3% of Americans identify as atheist (as well as 4% who say they’re agnostic and 16% who say they’re nothing in particular). By contrast, just under 1% of Americans identify as Muslim – although estimates vary widely and are partly dependent on Muslims’ willingness to identify with the label to interviewers.
  • Those two percentages – the number of Americans who dislike Muslims and the number of Americans who are Muslim – suggest that Trump would not have had the same receptive audience had he singled out members of any other religious group. So far, much of Trump’s anti-Muslim rhetoric has focused on security. That’s smart. When Brits were asked this year what words they think of when they hear the word Muslim, their most common responses were “terror”, “terrorism” and “terrorist”. It’s also relevant that when individuals (again often white, often Republican) were trying to undermine Barack Obama’s credibility in 2004 and claim that he could not be trusted, they said he was a secret Muslim. What sounded like an accusation only increased in frequency once Obama became a presidential candidate. As of September this year, 29% of Americans (and 43% of Republicans) still believe that Obama is a Muslim, according to a poll by CNN and the Opinion Research Corporation.
Paul Merrell

Brazil's Epic Scandal Takes Down a Banker - Bloomberg Business - 0 views

  • Brazilians have become inured to seeing politicians and businessmen marched off to prison for corruption. But the mug shot of banker André Esteves—unshaven and frowning—that flashed across TV screens in early December was a shock. Part of a cadre of mavericks who got astonishingly rich from Brazil’s transformation into one of the world’s top 10 economies in the 2000s, Esteves helped turn Grupo BTG Pactual into Latin America’s biggest standalone investment bank. Supremely confident, Esteves—who was a billionaire by his mid-30s—liked to quip that the initials in his company’s name stood for “Better than Goldman.”Around dawn on Nov. 25, Esteves’s fortunes soured in an instant. Police showed up at his apartment, which faces Rio de Janeiro’s legendary Ipanema beach, and hauled him away on allegations of obstructing a federal investigation into a massive pay-to-play scheme centered on Brazil’s state-run oil giant, Petrobras. Now Esteves, 47, resides in a cell block with concrete beds and communal toilets at Bangu, a high-security prison in Rio better known for housing drug traffickers and murderers.
  • Having its founder, chief executive officer, and chairman behind bars has pushed BTG Pactual to the brink of insolvency as clients pull their money out. Within days of his arrest, Esteves had relinquished his controlling stake in the firm, and his partners had begun a wholesale selloff of assets. To avert disaster, Brazil’s central bank helped engineer a $1.6 billion rescue line from the country’s privately funded deposit guarantee fund. Still, the bank’s shares have lost half their value since Esteves’s arrest. On Dec. 7, prosecutors formally accused the banker of obstruction of justice. Antônio Carlos de Almeida Castro, Esteves’s lawyer, says his client has done nothing wrong.The metastatic graft scandal that sent Esteves to jail threatens more than the survival of BTG. So many legislators are implicated, Congress has been unable to pass legislation to contain an exploding budget deficit. President Dilma Rousseff has grown so unpopular that lawmakers are maneuvering to impeach her for allegedly cooking the government’s books. Meanwhile, the economy is sliding into what Goldman Sachs calls a full-blown depression.
  • BTG’s collapse won’t cause Brazil’s capital markets to seize up as Lehman Brothers’ failure did in the U.S. in 2008. Yet having one of the country’s most prominent financiers behind bars is a body blow to the confidence of investors at a time when Brazil needs their cash. “It very much gives you the impression that the corruption scheme is so widespread that it induces a kind of counterparty risk,” says Monica de Bolle, a former International Monetary Fund economist. “You enter into transactions with people in Brazil without knowing whether or not they might be implicated in something.” The result: “Nothing gets done. There’s no business,” she says.
Paul Merrell

Section 215 and "Fruitless" (?!?) Constitutional Adjudication | Just Security - 0 views

  • This morning, the Second Circuit issued a follow-on ruling to its May decision in ACLU v. Clapper (which had held that the NSA’s bulk telephone records program was unlawful insofar as it had not properly been authorized by Congress). In a nutshell, today’s ruling rejects the ACLU’s request for an injunction against the continued operation of the program for the duration of the 180-day transitional period (which ends on November 29) from the old program to the quite different collection regime authorized by the USA Freedom Act. As the Second Circuit (in my view, quite correctly) concluded, “Regardless of whether the bulk telephone metadata program was illegal prior to May, as we have held, and whether it would be illegal after November 29, as Congress has now explicitly provided, it is clear that Congress intended to authorize it during the transitionary period.” So far, so good. But remember that the ACLU’s challenge to bulk collection was mounted on both statutory and constitutional grounds, the latter of which the Second Circuit was able to avoid in its earlier ruling because of its conclusion that, prior to the enactment of the USA Freedom Act, bulk collection was unauthorized by Congress. Now that it has held that it is authorized during the transitional period, that therefore tees up, quite unavoidably, whether bulk collection violates the Fourth Amendment. But rather than decide that (momentous) question, the Second Circuit ducked:
  • We agree with the government that we ought not meddle with Congress’s considered decision regarding the transition away from bulk telephone metadata collection, and also find that addressing these issues at this time would not be a prudent use of judicial authority. We need not, and should not, decide such momentous constitutional issues based on a request for such narrow and temporary relief. To do so would take more time than the brief transition period remaining for the telephone metadata program, at which point, any ruling on the constitutionality of the demised program would be fruitless. In other words, because any constitutional violation is short-lived, and because it results from the “considered decision” of Congress, it would be fruitless to actually resolve the constitutionality of bulk collection during the transitional period.
  • Hopefully, it won’t take a lot of convincing for folks to understand just how wrong-headed this is. For starters, if the plaintiffs are correct, they are currently being subjected to unconstitutional government surveillance for which they are entitled to a remedy. The fact that this surveillance has a limited shelf-life (and/or that Congress was complicit in it) doesn’t in any way ameliorate the constitutional violation — which is exactly why the Supreme Court has, for generations, recognized an exception to mootness doctrine for constitutional violations that, owing to their short duration, are “capable of repetition, yet evading review.” Indeed, in this very same opinion, the Second Circuit first held that the ACLU’s challenge isn’t moot, only to then invokes mootness-like principles to justify not resolving the constitutional claim. It can’t be both; either the constitutional challenge is moot, or it isn’t. But more generally, the notion that constitutional adjudication of a claim with a short shelf-life is “fruitless” utterly misses the significance of the establishment of forward-looking judicial precedent, especially in a day and age in which courts are allowed to (and routinely do) avoid resolving the merits of constitutional claims in cases in which the relevant precedent is not “clearly established.” Maybe, if this were the kind of constitutional question that was unlikely to recur, there’d be more to the Second Circuit’s avoidance of the issue in this case. But whether and to what extent the Fourth Amendment applies to information we voluntarily provide to third parties is hardly that kind of question, and the Second Circuit’s unconvincing refusal to answer that question in a context in which it is quite squarely presented is nothing short of feckless.
Paul Merrell

Turkey downs Russian warplane near Syria border, Putin warns of 'serious consequences' ... - 0 views

  • Turkey shot down a Russian warplane near the Syrian border on Tuesday, saying it had repeatedly violated its air space, one of the most serious publicly acknowledged clashes between a NATO member country and Russia for half a century.Russian President Vladimir Putin said the plane had been attacked when it was 1 km (0.62 mile) inside Syria and warned of "serious consequences" for what he termed a stab in the back administered by "the accomplices of terrorists"."We will never tolerate such crimes like the one committed today," Putin said, as Russian and Turkish shares fell on fears of an escalation between the former Cold War enemies.Each country summoned a diplomatic representative of the other and NATO called a meeting of its ambassadors for Tuesday afternoon. Russia's Foreign Minister Sergei Lavrov canceled a visit to Turkey due on Wednesday and the defense ministry said it was preparing measures to respond to such incidents.Footage from private Turkish broadcaster Haberturk TV showed the warplane going down in flames, a long plume of smoke trailing behind it as it crashed in a wooded part of an area the TV said was known by Turks as "Turkmen Mountain". Separate footage from Turkey's Anadolu Agency showed two pilots parachuting out of the jet before it crashed. A deputy commander of rebel Turkmen forces in Syria said his men shot both pilots dead as they came down.
  • A video sent to Reuters earlier appeared to show one of the pilots immobile and badly wounded on the ground and an official from the group said he was dead.Russia's defense ministry said one of its Su-24 fighter jets had been downed in Syria and that, according to preliminary information, the pilots were able to eject. "For the entire duration of the flight, the aircraft was exclusively over Syrian territory," it said.The Turkish military said the aircraft had been warned 10 times in the space of five minutes about violating Turkish air space. Officials said a second plane had also approached the border and been warned."The data we have is very clear. There were two planes approaching our border, we warned them as they were getting too close," a senior Turkish official told Reuters. "We warned them to avoid entering Turkish air space before they did, and we warned them many times. Our findings show clearly that Turkish air space was violated multiple times. And they violated it knowingly," the official said.
  • HOT AS THEY FELLTurkish President Tayyip Erdogan was briefed by the head of the military, while Prime Minister Ahmet Davutoglu was due to report on the incident to NATO ambassadors. He also informed the United Nations and related countries.The Syrian Observatory for Human Rights monitoring group said the warplane crashed in a mountainous area in the northern countryside of Latakia province, where there had been aerial bombardment earlier and where pro-government forces have been battling insurgents on the ground."A Russian pilot," a voice is heard saying in the video sent to Reuters as men gather around the man on the ground. "God is great," is also heard.The rebel group that sent the video operates in the northwestern area of Syria, where groups including the Free Syrian Army are active but Islamic State, which has beheaded captives in the past, has no known presence.A deputy commander of a Turkmen brigade told reporters on a trip organized by Turkish authorities that his forces had shot dead both pilots as they descended. U.S. and Turkish officials said they could not confirm the pilots' status.
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  • "Both of the pilots were retrieved dead. Our comrades opened fire into the air and they died in the air," Alpaslan Celik said near the Syrian village of Yamadi, close to where the plane came down, holding what he said was a piece of a pilot's parachute. In a further sign of a growing fallout over Syria, Syrian rebel fighters who have received U.S. arms said they fired at a Russian helicopter, forcing it to land in territory held by Moscow's Syrian government allies.Turkey called this week for a U.N. Security Council meeting to discuss attacks on Turkmens, who are Syrians of Turkish descent, and last week Ankara summoned the Russian ambassador to protest against the bombing of their villages.About 1,700 people have fled the mountainous area due to fighting in the last three days, a Turkish official said on Monday. Russian jets have bombed the area in support of ground operations by Syrian government forces.
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    It's a war crime to shoot at combatants who are hors de combat, i.e., those who are not fighting. 
Paul Merrell

Iraqi parliament approves Russian air strikes against ISIL - 0 views

  • After weeks of political wrangling, the Iraqi parliament finally agreed to allow Russia to launch air strikes against the terrorist Islamic State in Iraq and the Levant (ISIL) in Iraq, paving the way for the involvement of a powerful new combatant in an already complex battleground in a move that will likely incense the US.
  • Russia's foray into Iraq has created another quandary for the US, which has agreed to build a line of communication with Russia to avoid inadvertent incidents in the air between the two air forces that are operating in the same theater for the first time since World War II. Hakim al-Zamili, the head of the defense and security committee of the Iraqi parliament, announced on Monday that Iraq had struck a deal with Russia to launch operations against ISIL targets in the country. According to a report by Russian news agency Sputnik, once the air strikes are under way, ISIL fighters who might seek safe haven in Iraq after fleeing strikes in Syria will not find safety in Iraq. With the agreement, Russia aims to cut the supply lines of ISIL between Iraq and Syria. Iraqi Prime Minister Haider al-Abadi had previously said Iraq might seek Russia's help against ISIL if Russian air strikes prove to be effective in Syria. Baghdad's appeal to Moscow has irked the US, which reportedly told the Iraqi government that it would have to choose between the US and Russia in the fight against ISIL. In a visit to Baghdad last week, US Chief of General Staff Gen. Joseph Dunford told Iraqi officials that possible Russian air operation would make it almost impossible for the US to continue its military campaign.
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    From October 26, 2015. I had missed this one, but so had U.S. mainstream media. Will the U.S. treat Russia's intervention in Iraq as grounds for U.S. withdrawal from Iraq and Syria? And what about U.S. command and control and supply of ISIL and al Nusrah?  Does that end too? The Obama Administration seems to be in the midst of a policy pivot in the Middle East, brought about by Russia's intervention. But does Obama yet know where his policies will land? 
Paul Merrell

NSA bulk phone snooping program shuts down - POLITICO - 0 views

  • The National Security Agency will no longer be able to collect phone records in bulk starting Nov. 29, the Office of the Director of National Intelligence said in a statement Friday.The program's closure was required by the USA Freedom Act, signed by President Barack Obama in early June. The program was allowed to continue since then as part of a six-month wind-down period, in which intelligence officials could create and test a new phone records program where the government can only obtain records connected to a specific entity like a person or device that is associated with a foreign power or terrorist group.Some Senate Republicans, led by Sen. Tom Cotton of Arkansas and 2016 presidential candidate Sen. Marco Rubio of Florida, tried to delay the program’s official end this month in the wake of the Paris terrorist attacks. But despite support from Senate Majority Leader Mitch McConnell (R-Ky.), the effort got no traction in Congress.
  • The NSA has requested that some officials continue to have access to data already collected by the agency for “technical” purposes — but not intelligence analysis— for another three months, according to ODNI. The Foreign Intelligence Surveillance Court is currently reviewing that request, ODNI said.A federal court issued an order earlier this month holding the program unconstitutional and barring the collection of phone metadata pertaining to one California attorney and his law practice. However, after authorities argued that implementing the order would require the early shutdown of the whole program, a federal appeals court stayed the ruling.
Paul Merrell

Russia: Damascus, Moscow Agreed on 'Open-Ended' Military Presence in Syria - 0 views

  • Russia revealed that it had in August signed with Syria an agreement giving Moscow the go-ahead for an open-ended military presence in the war-torn country. The agreement was signed in Damascus on August 26, 2015, more than a month before Russia launched a bombing campaign against the Takfiir group, ISIL (so-called Islamic State in Iraq and Levant), and other "terrorists" at the request of the Syrian government.
  • The Russian government on Thursday released the text of the agreement, which said that it had been "concluded for an open-ended period of time." Under the terms of the agreement, Russia deployed warplanes and personnel at the Hmeimim airbase in Latakia in Syrian government-held territory. The deal was made to defend the "sovereignty, territorial integrity and security of the Russian Federation and the Syrian Arab Republic," according to the document.
Paul Merrell

FBI Got Into San Bernardino Killer's iPhone Without Apple's Help - 0 views

  • AFTER MORE THAN a month of insisting that Apple weaken its security to help the FBI break into San Bernardino killer Syed Rizwan Farook’s iPhone, the government has dropped its legal fight. “The government has now successfully accessed the data stored on Farook’s iPhone and therefore no longer requires the assistance from Apple,” wrote attorneys for the Department of Justice on Monday evening. It’s not yet known if anything valuable was stored on the phone, however. “The FBI is currently reviewing the information on the phone, consistent with standard investigatory procedures,” said Department of Justice spokesperson Melanie Newman in a statement.
Paul Merrell

Israeli Minster Calls for "Civil Targeted Killings" of BDS Leaders - Tikun Ol... - 0 views

  • The Yediot Achronot conference attacking BDS has become a veritable carnival of hate.  Everyone from delusional Hollywood celebrities (Roseanne Barr) to cabinet ministers, to the leader of the Opposition have pledged fealty to the cause. But the apogee same yesterday when Transportation Minister Israel Katz called for the “civil targeted killing“of BDS leaders like Omar Barghouti.  The phrase he used (sikul ezrahi memukad) derives from the euphemistic Hebrew phrase for the targeted killing of a terrorist (the literal meaning is “targeted thwarting”).  But the added word ” civil” makes it something different.  Katz is saying that we won’t physically murder BDS opponents, but we will do everything short of that. One may rightly ask what business a transportation minister has conducting targeted killings, physical or otherwise, against anyone.  Though everything in Israel is in service to the national security state, has transportation fallen under that bailiwick as well? We are entering dangerous territory when an Israeli cabinet minister engages in wordplay that verges on putting a bull’s-eye on the backs of non-violent activists.  If there are Israel apologists out there who dismiss the significance of such rhetoric they are sadly mistaken.  In this torrid political environment in which Israeli leftists have become criminals and wounded Palestinian youth may be summarily executed in the street,  it is only too easy to forsee Palestinian activists like Barghouti having a bounty on their heads. Does anyone doubt there are scores of Yigal Amirs out there who’d be pleased to strike a blow for their hateful cause by putting a bullet in the head of a Palestinian?
  • Not to be outdone, Interior Minister Aryeh Deri called for stripping BDS founder Omar Barghouti of his Israeli residency, which he gained in 1994 when he married an Israeli citizen.  Deri claimed that Barghouti is employing a scam against Israel because his main residence is Ramallah and not Israel (though he’s pursuing, or has completed, an MA at Tel Aviv University).  Given Katz’s ever so veiled threat against him it would be no wonder if Barghouti did choose to value his safety and live where he’s not under threat of death.
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    So much for freedom of speech and association in Israel. 
Paul Merrell

How America's Wars Fund Inequality at Home - LobeLog - 0 views

  • In the name of the fight against terrorism, the United States is currently waging “credit-card wars” in Afghanistan, Iraq, Syria, and elsewhere. Never before has this country relied so heavily on deficit spending to pay for its conflicts. The consequences are expected to be ruinous for the long-term fiscal health of the U.S., but they go far beyond the economic. Massive levels of war-related debt will have lasting repercussions of all sorts. One potentially devastating effect, a new study finds, will be more societal inequality. In other words, the staggering costs of the longest war in American history — almost 17 years running, since the invasion of Afghanistan in October 2001 — are being deferred to the future. In the process, the government is contributing to this country’s skyrocketing income inequality. Since 9/11, the U.S. has spent $5.6 trillion on its war on terror, according to the Costs of War Project, which I co-direct, at Brown University’s Watson Institute for International and Public Affairs. This is a far higher number than the Pentagon’s $1.5 trillion estimate, which only counts expenses for what are known as “overseas contingency operations,” or OCO — that is, a pot of supplemental money, outside the regular annual budget, dedicated to funding wartime operations. The $5.6 trillion figure, on the other hand, includes not just what the U.S. has spent on overseas military operations in Iraq, Afghanistan, Pakistan, and Syria, but also portions of Homeland Security spending related to counterterrorism on American soil, and future obligations to care for wounded or traumatized post-9/11 military veterans. The financial burden of the post-9/11 wars across the Greater Middle East — and still spreading, through Africa and other regions — is far larger than most Americans recognize.
Paul Merrell

The CIA Democrats: Part one - World Socialist Web Site - 0 views

  • An extraordinary number of former intelligence and military operatives from the CIA, Pentagon, National Security Council and State Department are seeking nomination as Democratic candidates for Congress in the 2018 midterm elections. The potential influx of military-intelligence personnel into the legislature has no precedent in US political history. If the Democrats capture a majority in the House of Representatives on November 6, as widely predicted, candidates drawn from the military-intelligence apparatus will comprise as many as half of the new Democratic members of Congress. They will hold the balance of power in the lower chamber of Congress.
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    This can't be happenstance and uncoordinated. Having failed in a takeover of the Executive Branch via Russia-gate, the neoliberal right now aims to take over the House of Representatives.
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