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Paul Merrell

U.S. First Shields Its Torturers and War Criminals From Prosecution, Now Officially Hon... - 0 views

  • As vice president, Dick Cheney was a prime architect of the worldwide torture regime implemented by the U.S. government (which extended far beyond waterboarding), as well as the invasion and destruction of Iraq, which caused the deaths of at least 500,000 people and more likely over a million. As such, he is one of the planet’s most notorious war criminals. President Obama made the decision in early 2009 to block the Justice Department from criminally investigating and prosecuting Cheney and his fellow torturers, as well as to protect them from foreign investigations and even civil liability sought by torture victims. Obama did that notwithstanding a campaign decree that even top Bush officials are subject to the rule of law and, more importantly, notwithstanding a treaty signed in 1984 by Ronald Reagan requiring that all signatory states criminally prosecute their own torturers. Obama’s immunizing Bush-era torturers converted torture from a global taboo and decades-old crime into a reasonable, debatable policy question, which is why so many GOP candidates are now openly suggesting its use.
  • But now, the Obama administration has moved from legally protecting Bush-era war criminals to honoring and gushing over them in public. Yesterday, the House of Representatives unveiled a marble bust of former Vice President Cheney, which — until a person of conscience vandalizes or destroys it — will reside in Emancipation Hall of the U.S. Capitol. At the unveiling ceremony, Cheney was, in the playful words of NPR, “lightly roasted” — as though he’s some sort of grumpy though beloved avuncular stand-up comic. Along with George W. Bush, one of the speakers in attendance was Vice President Joe Biden, who spoke movingly of Cheney’s kind and generous soul
  • Yesterday, the U.S. government unambiguously signaled to the world that not only does it regard itself as entirely exempt from the laws of wars, the principal Nuremberg prohibition against aggressive invasions, and global prohibitions on torture (something that has been self-evident for many years), but believes that the official perpetrators should be honored and memorialized provided they engage in these crimes on behalf of the U.S. government. That’s a message that most of the U.S. media and thus large parts of the American population will not hear, but much of the world will hear it quite loudly and clearly. How could they not?
Paul Merrell

San Bernardino Incident Has the Earmarks of a False Flag. Testimony of Eyewitnesses | G... - 1 views

  • Justifiable suspicions about what happened surfaced straightaway after the incident. The alleged perpetrators, Syed Rizwan Farook and Tashfeen Malik, appear to have been used as convenient patsies – the same way April 2013 Boston Marathon bombing suspects Dzhokhar and Tamerlan Dzhokhar were unjustly framed for a crime they didn’t commit. False flag attacks are used to stoke fear, to enlist public support for planned domestic and foreign horrors. Events post-9/11 are well-documented. What’s unfolding now looks like more of the same – the phony pretext of combating ISIS, state-sponsored high crimes at home and abroad. Eyewitnesses to the San Bernardino shooting said three white gunmen in black military attire, armed with assault rifles, were responsible. Sally Abdelmageed working at the Inland Regional Center described them this way, saying “(a)s soon as they opened up the doors to building three…one of them (began) shoot(ing) into the room.”
  • “I couldn’t see a face. He had a black hat on…black cargo pants, the kind with the big puffy pockets on the side…long sleeve shirt…gloves…huge assault rifle…six magazines…I just saw three dressed exactly the same.” “It looked like their skin color was white. They look like they were athletic(ally) buil(t), and they appeared to be tall” – clearly professionals, carrying out a well-planned attack, the way all false flags are conducted. Abdelmageed and other eyewitnesses gave similar accounts, debunking the official narrative – a Big Lie, framing two innocent Muslim patsies, killed by police to tell no tales, given no chance to explain their innocence. Their bodies were found handcuffed, indicating they were apprehended and likely extrajudicially executed to be unable to refute the official narrative. Former NSA/CIA contractor Steven D. Kelley told Press TV intimated that hired guns allegedly from Craft International (a Blackwater type paramilitary group, the same one responsible for the Boston Marathon bombings) could have been behind the San Bernardino shootings. (see below)
  • The incident “is just one in a long string of false flag events that I am afraid to say are not over,” he said. “We’ll probably be seeing several more before the end of the year, because of the events that are going on in the world, specifically with NATO implicated in the buying of (stolen Iraqi and Syrian oil complicit with) Daesh and other events.” “(W)hen these things happen, they need to have a rapid response which requires a false flag attack. This was very obvious that this was going to happen” – with lots more to come, Kelly believes, part of Washington’s well-orchestrated fear-mongering campaign. The early stages of its dirty aftermath are playing out, most Americans mindless about how they’re being duped.
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    There's a long quote omitted from the highlighting because Diigo wouldn't allow its highlighting.
Paul Merrell

Three House panels to investigate whether ISIS intelligence was cooked | TheHill - 0 views

  • Three House committees will jointly investigate allegations U.S. Central Command altered intelligence reports, their chairmen announced Friday.“Today, the House Armed Services Committee, the House Permanent Select Committee on Intelligence and the House Appropriations Committee established a Joint Task Force to investigate allegations that senior U.S. Central Command (CENTCOM) officials manipulated intelligence products,” Reps. David Nunes (R-Calif.), Mac Thornberry (R-Texas) and Rodney Frelinghuysen (R-N.J.) said in a joint statement.Analysts at Centcom have alleged that senior officials altered their reports to paint a rosier picture of the fight against the Islamic State in Iraq and Syria (ISIS).The Pentagon’s inspector general is already conducting an investigation into the allegations.Magazine Foreign Policy reported last month that the task force would be formed.
  • In their statement, Nunes, Thornberry and Frelinghuysen said the task force would look into the specific allegations, as well as whether there are “systemic problems across the intelligence enterprise in CENTCOM or any other pertinent intelligence organizations.”Reps. Ken Calvert (R-Calif.), Mike Pompeo (R-Kan.) and Brad Wenstrup (R-Ohio) will lead the investigation.“Any accusation of intelligence being altered to fit a political narrative must be fully investigated and those responsible held accountable,” Pompeo said in a written statement. “This matters both to those who gather the intelligence, often at great risk to their personal safety, and to the policymakers who use this intelligence to make what are often life threatening decisions.”In an interview on Fox News, Thornberry said the issue was too important to wait to investigate until after the inspector general.
  • Democrats are participating, too, he said in the interview.  “They are participating in the investigation,” he said. “Their staff had been involved in the discussions we have had with a variety of folks from Centcom and elsewhere. So again we want to be careful and do it right, but it's important.” The task force expects to have preliminary results early next year, according to the chairmen’s statement.
Paul Merrell

Turkey Smuggled Sarin Gas to Al Qaeda Terrorists in Syria? Turkish MP | Global Research... - 0 views

  • Turkey is allegedly complicit in the smuggled use of various types of banned chemical weapons for which the Assad government was wrongfully blamed. Turkish Republican People’s Party (CHP) opposition member Eren Erdem accused Ankara of covering up a major war crime, likely direct high-level involvement in smuggling materials used to make deadly sarin gas to ISIS and other terrorists – US proxy foot soldiers waging war on Syria.
  • On December 10, Erdem addressed Turkish parliamentarians, discussing criminal case number 2013/120, opened by Ankara’s General Prosecutor’s Office in Adana. Evidence shows various Turkish nationals were involved in direct dealings with ISIS and other terrorist groups, supplying them with sarin gas. Recorded wiretapped conversations exposed dealings with Al Qaeda terrorist Hayyam Kasap. RT International interviewed Erdem. He explained “(t)here is data in this indictment. Chemical weapon materials are being brought to Turkey and being put together in Syria in camps of ISIS which was known as Iraqi Al Qaeda during that time.” “These are all detected. There are phone recordings of this shipment like ‘don’t worry about the border. We’ll take care of it,’ and we also see the bureaucracy is being used.” According to Erden, once word got out, 13 arrests were made. Days later, suspects were released, charges dropped – after a new Adana public prosecutor replaced the original one. Individuals accused then moved cross-border unobstructed to Syria. “The phone recordings in the indictment showed all the details from how the shipment was going to be made to how it was prepared, from the content of the labs to the source of the materials,”
  • Erden explained. “Which trucks were going to be used, all dates etc. From A to Z, everything was discussed and recorded. Despite all of this evidence, the suspects were released,” the case closed, showing high-level coverup, perhaps ordered by Erdogan. Materials to make sarin gas and perhaps other toxic chemicals moved freely cross-border from Turkey to Syria. Erden indicated a high-level regime coverup, evidence revealing Justice Minister Bekir Bozdag’s involvement. Toxic chemicals were purchased from Europe,” he said. US-led Western countries “should question themselves about these relations. Western sources know very well who carried out the sarin gas attack in Syria.” “They know these people. They know who (they) are working with. They know that these people are working for Al-Qaeda…Western (countries) are hypocrites about the situation.” It bears repeating. No evidence showed Syrian use of chemical or other toxic substances throughout years of conflict.
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  • Earlier, Saudi Arabia was caught red-handed providing them with chemical agents in containers marked “made in KSA (Kingdom of Saudi Arabia).” In early November, Organization for the Prohibition of Chemical Weapons (OPCW) experts confirmed terrorists’ use of mustard gas and chlorine in Syria with “utmost confidence” – calling perpetrators “non-state actor(s).” Blaming Assad for incidents of chemical weapons’ use is part of the US-led propaganda campaign to wrongfully vilify him.
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    This is consistent with other major reports indicating that the Ghouta sarin gas attack was a false flag attack staged by Turkey and the Saudis with the assistance of the U.S. 
Paul Merrell

Map, images from Russian military show main routes of ISIS oil smuggling to Turkey - RT... - 0 views

  • Russia’s Defense Ministry published images and a map it says reveal a chain of oil smuggling to Turkey from Islamic State – from extraction to refining facilities. At least three ISIS oil supply routes were located, all leading to Turkey.
  • “The General Staff of the Russian Federation Armed Forces has irrefutable evidence of Turkey’s involvement based on aerial and space reconnaissance data,” Lieutenant-General Sergey Rudskoy said during the Defense Ministry briefing on Wednesday.
  • According to Rudskoy, Russia has identified “three main oil transportation routes from ISIS-controlled Syrian and Iraqi territories into Turkey.”“The western route leads to the Mediterranean ports, the northern route leads to the Batman oil refinery on the Turkish territory and the eastern one leads to a large transfer base in Cizre [Turkey].”The documents published by the ministry show “the entire chain of oil supply into Turkey - from extraction to refining facilities.”
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  • “In total, in their illegal oil smuggling business, terrorists are using at least 8,500 trucks to transport up to 200,000 barrels of oil every day.”He added that the vehicles with illegal oil that are crossing Turkey are not checked at the border.“The presented photos, which were taken this August, demonstrate hundreds of oil trucks and heavy vehicles moving both to and from the Turkish border.”Rudskoy concluded that most of the oil is being transferred from eastern Syria to a large oil refinery plant in Batman, 100km from the Syrian border.The 200,000 barrels of oil that Russia says is smuggled by IS every day is roughly equivalent to the average daily oil export of Gabon in 2014 or Australia in 2013, according to an OPEC annual statistical bulletin.It is also only slightly less than the average daily oil export of pre-war Syria in the second half of the 2000s, which amounted to 247,000-250,000 barrels per day. 
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    I wonder why the U.S. military never bombed the ISIL supply lines into Turkey for 14 months, until Putin embarrassed Obama into doing it --- once. 
Paul Merrell

Cy Vance's Proposal to Backdoor Encrypted Devices Is Riddled With Vulnerabilities | Jus... - 0 views

  • Less than a week after the attacks in Paris — while the public and policymakers were still reeling, and the investigation had barely gotten off the ground — Cy Vance, Manhattan’s District Attorney, released a policy paper calling for legislation requiring companies to provide the government with backdoor access to their smartphones and other mobile devices. This is the first concrete proposal of this type since September 2014, when FBI Director James Comey reignited the “Crypto Wars” in response to Apple’s and Google’s decisions to use default encryption on their smartphones. Though Comey seized on Apple’s and Google’s decisions to encrypt their devices by default, his concerns are primarily related to end-to-end encryption, which protects communications that are in transit. Vance’s proposal, on the other hand, is only concerned with device encryption, which protects data stored on phones. It is still unclear whether encryption played any role in the Paris attacks, though we do know that the attackers were using unencrypted SMS text messages on the night of the attack, and that some of them were even known to intelligence agencies and had previously been under surveillance. But regardless of whether encryption was used at some point during the planning of the attacks, as I lay out below, prohibiting companies from selling encrypted devices would not prevent criminals or terrorists from being able to access unbreakable encryption. Vance’s primary complaint is that Apple’s and Google’s decisions to provide their customers with more secure devices through encryption interferes with criminal investigations. He claims encryption prevents law enforcement from accessing stored data like iMessages, photos and videos, Internet search histories, and third party app data. He makes several arguments to justify his proposal to build backdoors into encrypted smartphones, but none of them hold water.
  • Before addressing the major privacy, security, and implementation concerns that his proposal raises, it is worth noting that while an increase in use of fully encrypted devices could interfere with some law enforcement investigations, it will help prevent far more crimes — especially smartphone theft, and the consequent potential for identity theft. According to Consumer Reports, in 2014 there were more than two million victims of smartphone theft, and nearly two-thirds of all smartphone users either took no steps to secure their phones or their data or failed to implement passcode access for their phones. Default encryption could reduce instances of theft because perpetrators would no longer be able to break into the phone to steal the data.
  • Vance argues that creating a weakness in encryption to allow law enforcement to access data stored on devices does not raise serious concerns for security and privacy, since in order to exploit the vulnerability one would need access to the actual device. He considers this an acceptable risk, claiming it would not be the same as creating a widespread vulnerability in encryption protecting communications in transit (like emails), and that it would be cheap and easy for companies to implement. But Vance seems to be underestimating the risks involved with his plan. It is increasingly important that smartphones and other devices are protected by the strongest encryption possible. Our devices and the apps on them contain astonishing amounts of personal information, so much that an unprecedented level of harm could be caused if a smartphone or device with an exploitable vulnerability is stolen, not least in the forms of identity fraud and credit card theft. We bank on our phones, and have access to credit card payments with services like Apple Pay. Our contact lists are stored on our phones, including phone numbers, emails, social media accounts, and addresses. Passwords are often stored on people’s phones. And phones and apps are often full of personal details about their lives, from food diaries to logs of favorite places to personal photographs. Symantec conducted a study, where the company spread 50 “lost” phones in public to see what people who picked up the phones would do with them. The company found that 95 percent of those people tried to access the phone, and while nearly 90 percent tried to access private information stored on the phone or in other private accounts such as banking services and email, only 50 percent attempted contacting the owner.
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  • In addition to his weak reasoning for why it would be feasible to create backdoors to encrypted devices without creating undue security risks or harming privacy, Vance makes several flawed policy-based arguments in favor of his proposal. He argues that criminals benefit from devices that are protected by strong encryption. That may be true, but strong encryption is also a critical tool used by billions of average people around the world every day to protect their transactions, communications, and private information. Lawyers, doctors, and journalists rely on encryption to protect their clients, patients, and sources. Government officials, from the President to the directors of the NSA and FBI, and members of Congress, depend on strong encryption for cybersecurity and data security. There are far more innocent Americans who benefit from strong encryption than there are criminals who exploit it. Encryption is also essential to our economy. Device manufacturers could suffer major economic losses if they are prohibited from competing with foreign manufacturers who offer more secure devices. Encryption also protects major companies from corporate and nation-state espionage. As more daily business activities are done on smartphones and other devices, they may now hold highly proprietary or sensitive information. Those devices could be targeted even more than they are now if all that has to be done to access that information is to steal an employee’s smartphone and exploit a vulnerability the manufacturer was required to create.
  • Privacy is another concern that Vance dismisses too easily. Despite Vance’s arguments otherwise, building backdoors into device encryption undermines privacy. Our government does not impose a similar requirement in any other context. Police can enter homes with warrants, but there is no requirement that people record their conversations and interactions just in case they someday become useful in an investigation. The conversations that we once had through disposable letters and in-person conversations now happen over the Internet and on phones. Just because the medium has changed does not mean our right to privacy has.
  • Vance attempts to downplay this serious risk by asserting that anyone can use the “Find My Phone” or Android Device Manager services that allow owners to delete the data on their phones if stolen. However, this does not stand up to scrutiny. These services are effective only when an owner realizes their phone is missing and can take swift action on another computer or device. This delay ensures some period of vulnerability. Encryption, on the other hand, protects everyone immediately and always. Additionally, Vance argues that it is safer to build backdoors into encrypted devices than it is to do so for encrypted communications in transit. It is true that there is a difference in the threats posed by the two types of encryption backdoors that are being debated. However, some manner of widespread vulnerability will inevitably result from a backdoor to encrypted devices. Indeed, the NSA and GCHQ reportedly hacked into a database to obtain cell phone SIM card encryption keys in order defeat the security protecting users’ communications and activities and to conduct surveillance. Clearly, the reality is that the threat of such a breach, whether from a hacker or a nation state actor, is very real. Even if companies go the extra mile and create a different means of access for every phone, such as a separate access key for each phone, significant vulnerabilities will be created. It would still be possible for a malicious actor to gain access to the database containing those keys, which would enable them to defeat the encryption on any smartphone they took possession of. Additionally, the cost of implementation and maintenance of such a complex system could be high.
  • Vance also suggests that the US would be justified in creating such a requirement since other Western nations are contemplating requiring encryption backdoors as well. Regardless of whether other countries are debating similar proposals, we cannot afford a race to the bottom on cybersecurity. Heads of the intelligence community regularly warn that cybersecurity is the top threat to our national security. Strong encryption is our best defense against cyber threats, and following in the footsteps of other countries by weakening that critical tool would do incalculable harm. Furthermore, even if the US or other countries did implement such a proposal, criminals could gain access to devices with strong encryption through the black market. Thus, only innocent people would be negatively affected, and some of those innocent people might even become criminals simply by trying to protect their privacy by securing their data and devices. Finally, Vance argues that David Kaye, UN Special Rapporteur for Freedom of Expression and Opinion, supported the idea that court-ordered decryption doesn’t violate human rights, provided certain criteria are met, in his report on the topic. However, in the context of Vance’s proposal, this seems to conflate the concepts of court-ordered decryption and of government-mandated encryption backdoors. The Kaye report was unequivocal about the importance of encryption for free speech and human rights. The report concluded that:
  • States should promote strong encryption and anonymity. National laws should recognize that individuals are free to protect the privacy of their digital communications by using encryption technology and tools that allow anonymity online. … States should not restrict encryption and anonymity, which facilitate and often enable the rights to freedom of opinion and expression. Blanket prohibitions fail to be necessary and proportionate. States should avoid all measures that weaken the security that individuals may enjoy online, such as backdoors, weak encryption standards and key escrows. Additionally, the group of intelligence experts that was hand-picked by the President to issue a report and recommendations on surveillance and technology, concluded that: [R]egarding encryption, the U.S. Government should: (1) fully support and not undermine efforts to create encryption standards; (2) not in any way subvert, undermine, weaken, or make vulnerable generally available commercial software; and (3) increase the use of encryption and urge US companies to do so, in order to better protect data in transit, at rest, in the cloud, and in other storage.
  • The clear consensus among human rights experts and several high-ranking intelligence experts, including the former directors of the NSA, Office of the Director of National Intelligence, and DHS, is that mandating encryption backdoors is dangerous. Unaddressed Concerns: Preventing Encrypted Devices from Entering the US and the Slippery Slope In addition to the significant faults in Vance’s arguments in favor of his proposal, he fails to address the question of how such a restriction would be effectively implemented. There is no effective mechanism for preventing code from becoming available for download online, even if it is illegal. One critical issue the Vance proposal fails to address is how the government would prevent, or even identify, encrypted smartphones when individuals bring them into the United States. DHS would have to train customs agents to search the contents of every person’s phone in order to identify whether it is encrypted, and then confiscate the phones that are. Legal and policy considerations aside, this kind of policy is, at the very least, impractical. Preventing strong encryption from entering the US is not like preventing guns or drugs from entering the country — encrypted phones aren’t immediately obvious as is contraband. Millions of people use encrypted devices, and tens of millions more devices are shipped to and sold in the US each year.
  • Finally, there is a real concern that if Vance’s proposal were accepted, it would be the first step down a slippery slope. Right now, his proposal only calls for access to smartphones and devices running mobile operating systems. While this policy in and of itself would cover a number of commonplace devices, it may eventually be expanded to cover laptop and desktop computers, as well as communications in transit. The expansion of this kind of policy is even more worrisome when taking into account the speed at which technology evolves and becomes widely adopted. Ten years ago, the iPhone did not even exist. Who is to say what technology will be commonplace in 10 or 20 years that is not even around today. There is a very real question about how far law enforcement will go to gain access to information. Things that once seemed like merely science fiction, such as wearable technology and artificial intelligence that could be implanted in and work with the human nervous system, are now available. If and when there comes a time when our “smart phone” is not really a device at all, but is rather an implant, surely we would not grant law enforcement access to our minds.
  • Policymakers should dismiss Vance’s proposal to prohibit the use of strong encryption to protect our smartphones and devices in order to ensure law enforcement access. Undermining encryption, regardless of whether it is protecting data in transit or at rest, would take us down a dangerous and harmful path. Instead, law enforcement and the intelligence community should be working to alter their skills and tactics in a fast-evolving technological world so that they are not so dependent on information that will increasingly be protected by encryption.
Paul Merrell

Out of Gas: Turkey is Losing Its Battle with Russia | Observer - 0 views

  • Turkey has told the Reuters news agency that Russia has stopped work on its nuclear power plants.  In reality, the Turks are exaggerating.  The Russians haven’t really stopped—they have really only slowed down. It is another piece in the intensifying conflict that has enveloped Russia and Turkey over the downing of a Russian AU-24 slow moving bomber by a Turkish F-16 fighter jet. The nuclear deal began in 2013. The Turks promised to pay $20 billion and the Russian nuclear company Rosatom promised to build four 1,200 megawatt nuclear electrical power plants in Turkey. The first plant was scheduled to be opened in 2019, but from the very outset things have not run on schedule.  One reason is that the project confronted international regulatory problems.
  • The Russians have done this before—only with Iran.  They slowed down on the original proposal, Iran took the Russians to the World Court, and sued them. They wanted their nuclear plants.
  • Now, because of their experience with Iran, Russia realizes that stopping entirely would prove costly. Huge disincentives and penalties are built into the contract.  And Turkey has already started shopping around for someone else to finish the nuclear job. Good luck. Here is the crux of the problem and why Turkey can never win in this conflict with Russia. Turkey is almost totally dependent on imported energy. They have been counting on these nuclear plants and should be conducting back-door diplomatic negotiations to resurrect the deal , but they do not appear to be doing that. Tensions between the Turks and Russians do not seem to be dissipating. So much so that Russia has also stopped importing Turkish fruits and vegetables. The reason they give is poor Turkish sanitation and hygiene, but the real reason is because the jet shot down the bomber. This isn’t  just a case of no more Turkish pistachio nuts or dates. Turkish fruits and vegetables account for 20 percentof Russia’s total fruit and vegetable consumption. This is a huge loss for the Turkish economy.  A $4 billion annual loss in fruit and vegetable revenue. Russia has said they will easily make up the loss by importing more from Iran and Israel.
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  • Turkey cannot get that much gas replaced.  They are in public conflict not only with Russia but also with alternative suppliers.  They sided with the Muslim Brotherhood so Egypt will not supply them.  They have been very aggressively critical of Saudi Arabia so they will not supply them.  There is always Israel and Israel could, potentially, help supply Turkey’s natural gas needs—but Turkey, a former ally of the Jewish state, has been openly hostile to Israel. The Russian minister of agriculture has said, “Allah has already decided to punish Turkey’s ruling clique, depriving them of mind and reason.” For their part, Turkey is counting on the help of the EU and the general disdain almost everyone has for Putin and his style of leadership especially in the aftermath of Russia’s land grab on Crimea and their invasion of Ukraine. But Turkey is misreading the situation.  Just because the world criticizes Putin and Russia it does not translate into action.
  • Russia has also cancelled the junkets and all expense included holiday vacation trips that Russians make  every year to Turkey.  The numbers tell the complete story. Last year 3.3 million Russians vacationed in Turkey.  That was 10 percent of all the tourists that visited Turkey. For Russia, however pleasant they were, these vacations are not essential and they will find someplace else to fill their vacation needs.  Turkey, however, will not find 3.3 million other tourists. Russia wants to punish Turkey.  That should be clear.  And Vladimir Putin definitely has the ability to make things difficult for Turkey.  The balance of trade is pretty clear. Russia purchases $30 billion in goods from Turkey per year. All of those services are easily replaced elsewhere. But Turkey relies on Russia for $20 billion of natural gas every year.  If that flow is even slightly altered, even for a single day—Turkey will grind to a halt.  That natural gas engines Turkey’s electric grid. Gas is next. Russia will start pulling it.  They have already cancelled work on the underwater gas pipeline which, together with the nuclear electric plants, would eventually make Turkey more energy independent.
  • This is the case even in the Middle East. Russia marched into Syria, set up a huge air-force base, and established a significant presence.  The West warned the Russians not to put boots on the ground.  Russia went in anyway and their actions were met with only a few tepid condemnations.  When the Turkish F-16 jet shot down the SU-24 Russia bomber, that’s when international voices were raised— and they were raised to urge calm and deescalate tensions, not to blame Russia. Turkey thinks that because there are UN sanctions against Russia there is a way to leverage that power and squeeze Russia.  If the world stood by when Russian military pranced into Ukraine and Crimea how can Turkey expect them to act now? Russia will get away with everything.  And despite pressure that Turkey is trying to apply—the real pressure will be placed by Russia on Turkey.  No one is willing to step forward and help Turkey.  If this continues, Russia will destroy them.
Paul Merrell

Drone Strikes Are Creating Hatred Toward America That Will Last for Generations - Defen... - 0 views

  • If we want to curb terrorism in the United States, we must stop drone attacks in the Middle East.
  • It’s a sick myth that Islamic extremists attack the United States or other nations because they “hate our freedom.” They attack us for our foreign policy. In 2006, the United States National Intelligence Estimate reported that the US invasion and occupation of Iraq made the problem of terrorism worse by creating a new generation of terrorists. And since then, top ranking military and counter-terrorism authorities such as General Stanley McChrystal, General Mike Flynn and George W. Bush’s counter-terrorism czar Richard Clarke say that drone strikes in particular are creating more terrorists than they’re killing. If we want to stop terrorist attacks, we should stop the barbaric blind bombings that are fueling radicalization.
  • “The resentment created by American use of unmanned strikes … is much greater than the average American appreciates,” Gen. McChrystal, who led the US counter-insurgency strategy in Afghanistan, said in 2013. “They are hated on a visceral level, even by people who’ve never seen one or seen the effects of one.” <a href="http://ad.doubleclick.net/N617/jump/defenseone.com/section_ideas;pos=defenseone-instream;sz=600x300;" title=""> <img alt="" src="http://ad.doubleclick.net/N617/ad/defenseone.com/section_ideas;pos=defenseone-instream;sz=600x300;tile=4;"/> </a> <a href="http://ad.doubleclick.net/N617/jump/defenseone.com/section_ideas;pos=contextual-large-rectangle-tablet;sz=700x350;" title=""> <img alt="" src="http://ad.doubleclick.net/N617/ad/defenseone.com/section_ideas;pos=contextual-large-rectangle-tablet;sz=700x350;tile=5;"/> </a> <a href="http://ad.doubleclick.net/N617/jump/defenseone.com/section_ideas;pos=contextual-large-rectangle-mobile;sz=300x150;" title=""> <img alt="" src="http://ad.doubleclick.net/N617/ad/defenseone.com/section_ideas;pos=contextual-large-rectangle-mobile;sz=300x150;tile=6;"/> </a> Gen. Flynn, who until recently was the head of the Defense Intelligence Agency and has become a harsh critic of President Obama’s strategy in the Middle East, has said, “When you drop a bomb from a drone … you are going to cause more damage than you are going to cause good.” Flynn, who has actually backs a more muscular military approach, doesn’t think it should include drones. Clarke has said that when we use unmanned drones to drop bombs which, no matter how hard we try otherwise, inevitably kill innocent people: [Y]ou cause enemies for the United States that will last for generations. All of these innocent people that you kill have brothers and sisters and tribe—tribal relations. Many of them were not opposed to the United States prior to some one of their friends or relatives being killed. And then, sometimes, they cross over, not only to being opposed to the United States, but by being willing to pick up arms and become a terrorist against the United States. So you may actually be creating terrorists, rather than eliminating them,
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  • In fact, in the wake of the ISIL-linked terrorist attacks in Paris, four whistleblowers in the United States Air Force wrote an open letter to the Obama Administration calling for an end to drone strikes. The authors, all of whom had operational experience with drone strikes, wrote that such attacks “fueled the feelings of hatred that ignited terrorism and groups like Isis, while also serving as a fundamental recruitment tool.” They say that the killing of innocent civilians by American drones is one of most “devastating driving forces for terrorism and destabilization around the world.” It’s worth noting here that counter-terrorism experts with whom I’ve spoken have said that the sort of anti-Muslim rhetoric and policies proposed by several Republican presidential candidates also helps inflame and incite terrorism. So we should also stop that immediately, not just as a matter of upholding our national moral and legal values but because it’s strategically destructive. Yet Republican and Democratic politicians appear fairly united on continuing drone strikes and, if anything, disagree about how much to increase their intensity. Experienced, knowledgeable military advisors have said that drone strikes create more terrorists than they kill. So what possible reason do we have for continuing them?
  • We know that our reactionary, militarily aggressive impulses got us into this situation. Although arguably complex in origin, it’s unarguable that the failed US invasion and occupation of Iraq helped create ISIS. And now in the wake of the San Bernadino attack that has rightfully shaken our nation to its core, our reactionary, militarily aggressive impulses may once again make matters worse. Continuing let alone expanding American drone strikes in the Middle East will continue to create more terrorists than we kill. Unmanned drone strikes are inhumane. They are also stupid and self-defeating.
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    Also just announced: The Air Force plans to double its number of drone units in the budget just passed. 
Paul Merrell

Tomgram: Nick Turse, A Shadow War and an American Drone Unit Under Wraps | TomDispatch - 0 views

  • Am I the only person who still remembers how Pentagon officials spoke of the major military bases already on the drawing boards as the invasion of Iraq ended in April 2003? It was taboo back then to refer to those future installations as “permanent bases.” No one wanted to mouth anything that had such an ugly (yet truthful) ring to it when it came to the desires of the Bush administration to occupy and dominate the Greater Middle East for generations to come. Charmingly enough, however, those Pentagon types sometimes spoke instead of “enduring camps,” as if a summer frolic in the countryside was at hand. Later, those enormous installations -- Balad Air Base, the size of a small American town, had its own Pizza Hut, Subway, and Popeye's franchises, "an ersatz Starbucks," a 24-hour Burger King, two post exchanges, and four mess halls -- would be relabeled "contingency operating bases." They were meant to be Washington’s ziggurats, its permanent memorials to its own power in the region. With rare exceptions, American reporters would nonetheless pay almost no attention to them or to the obvious desire embedded in their very construction to control Iraq and the rest of the Greater Middle East.
  • In all, from the massive Camp Victory outside Baghdad to tiny outposts in the hinterlands, not to speak of the three-quarters-of-a-billion dollar citadel Washington built in Baghdad’s green zone to house an embassy meant to be the central command post for a future Pax Americana in the region, the Pentagon built 505 bases in Iraq. In other words, Washington went on a base-building bender there. And lest you imagine this as some kind of anomaly, consider the 800 or more bases and outposts (depending on how you counted them) that the U.S. built in Afghanistan. Eight years later, all 505 of the Iraqi bases had been abandoned, as most of the Afghan ones would be.  (A few of the Iraqi bases have since been reoccupied by American advisers sent in to fight the Islamic State.)
  • Nonetheless, as Chalmers Johnson pointed out long ago (and TomDispatch regular David Vine has made so clear recently), this was the U.S. version of empire building. And in this century, despite the loss of those Iraqi bases and most of the Afghan ones, Washington has continued its global base-building extravaganza in a big way. It has constructed, expanded, or reconfigured a staggering set of bases in the Greater Middle East and on the island of Diego Garcia in the Indian Ocean and has been building drone bases around the world. Then there's the remaining European bases that came out of World War II, were expanded in the Cold War years, and have, in this century, been driven deep into the former Eastern European imperial possessions of the old Soviet Union.  Add in another structure of bases in Asia that also came out of World War II and that are once again added to, reconfigured, and pivoted toward. Toss in as well the 60 or so small bases, baselets, sites, storage areas, and the like that, in recent years, the U.S. military has been constructing across Africa. Throw in some bases still in Latin America and the Caribbean, including most infamously Guantánamo in Cuba, and you have a structure for the imperial ages.
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  • But like some madcap Dr. Seuss character, the Pentagon can’t seem to stop and so, the New York Times recently reported, it has now presented the White House with a plan for a new (or refurbished) “network” of bases in the most “volatile” regions of the planet. These shadowy “hubs” are meant mainly for America’s secret warriors -- “Special Operations troops and intelligence operatives who would conduct counterterrorism missions for the foreseeable future” against the Islamic State and its various franchisees.  This will undoubtedly be news for Times readers, but not for TomDispatch ones.  For several years, Nick Turse has been reporting at this site on the building, or building up of, both the “hubs” and “spokes” of this system in southern Europe and across Africa (as well as on the way the U.S. military's pivot to Africa has acted as a kind of blowback machine for terror outfits). Today, he’s at it again, revealing wars secretly being fought in our name from this country’s ever-changing, ever-evolving empire of bases.
Paul Merrell

16 times Obama said there would be no boots on the ground in Syria - 0 views

  • Since 2013, President Obama has repeatedly vowed that there would be no "boots on the ground" in Syria.But White House press secretary Josh Earnest said the president's decision Friday to send up to 50 special forces troops to Syria doesn't change the fundamental strategy: "This is an important thing for the American people to understand. These forces do not have a combat mission."Earnest said the promises of "no boots on the ground" first came in the context of removing Syrian President Bashar Assad because of his use of chemical weapons. Since then, Syria has become a haven for Islamic State fighters.Here's a recap of Obama's no-boots pledge:
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    Ten broken Obama promises. And the far more bellicose Hillary Clinton waiting in the wings. 
Paul Merrell

Paris: Made in Libya, not Syria? | Asia Times - 0 views

  • Using the criterion cui bono (who benefits?) to the Paris outrage, one notes an apparent shortage of “bono” to ISIL, unless the thinking of the leadership runs to: “It would be an excellent idea to focus the fury of the West upon us here in Iraq instead of laying low and letting the West go along with the GCC/Turkish plan of quagmiring Russia in Syria.” Doesn’t make too much sense.  Which is why, in my opinion, is why you see a lot of metaphysical hand waving that the real motive for the attacks was to erase the Muslim “grey zone,” provoke a fatal over-reaction from the West, contribute to the agonies of the Syrian refugees in Europe, rend the time-space continuum and thereby bring the Crusaders to their knees, etc.
  • Media and analyst coverage appears determined to overlay a profitable traffic-building and mission-enhancing narrative of “Western civilization under attack by ISIL,” and ignore the factors that point to the attack as a murderous local initiative, not by ISIL or the mythical immigrant threat, but by alienated Muslim citizens of the EU.  The rhetoric of righteous, united fury against a monstrosity committed by the external “other,” perhaps, is easier to digest than the awkward theme of national minorities committing extreme acts of violence against societies they believe oppress and marginalize them. So we get lots about the horrors of ISIL and relatively little about the, to me, rather eye-opening statistic that while 8% of the population of France is Muslim, it is estimated that 70% of the prison population is.  I suppose it would be churlish to explore the issue of blowback from French penal and social policies at this juncture.  But there is some interesting data that places the alleged and now apparently deceased mastermind, Abdelhamid Abaaoud, in context concerning the degree of his allegiance to ISIL.
  • Katibat al-Battar al-Libi, in other words, was formed as a rather bloody piece of outreach by Libyan Islamists to share Libya experience in insurrection and revolution with Syria.  After IS arose and became a dominant military and financial force, the “KBL” threw in their lot with ISIS, and members of the brigade subsequently returned to Libya to establish an IS beachhead. A July 2015 study by Small Arms Survey confirms the autonomous character of Katibat al-Battar al-Libi. While the uncertain relationship between JAN and IS was being clarified, Libyans stayed ‘outside’ the fray, remaining in their own units and not integrating into other IS hierarchies or command structures. In Latakia for instance, Libyans kept their own separate battalion (The Daily Star, 2013). As the split between JAN and IS deepened, Libyans chose IS but remained apart, forming the Katibat al-Battar al-Libiya (KBL) (The Libyan al-Battar Brigade), under the auspices of IS. Since its formation, the KBL has been active in eastern Syria, notably in Al Hasakah and Deir az-Zor. The battalion maintained links with Ansar al-Sharia in Libya, an early and prominent supporter of IS. Ansar al-Sharia proved to be an excellent recruiting tool and played a role in the arrival of many Libyans in Syria prior to 2014. And who is Ansar al-Sharia in Libya?  Via The Telegraph:
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  • Abaaoud, a citizen of Belgium of Moroccan descent, was well known as a violent radical miscreant linked to an Islamic cell in Verviers, Belgium, that did all sorts of mean, murderous crap.  As far as Belgian and French authorities were concerned, he had been an item long before Paris.
  • Washington believes the group is responsible for the 2012 attack on the US consulate in Benghazi that killed the ambassador and three other Americans.  In November, the United Nations blacklisted Ansar al-Sharia Benghazi and its sister group, Ansar al-Sharia Derna, over links to Al-Qaeda and for running camps for the Islamist State group.  So there you have your soundbite.  The Paris outrage: Made in Libya.  Not Syria.  And brought to us by the people who killed Christopher Stevens in Benghazi. I am sure that Hillary Clinton is grateful to the French police for botching the raid to capture Abaaoud and pumping 5000 rounds into his apartment instead of capturing him; otherwise, he might have become a lively topic of interest and curiosity and the right wing could have cooked off the Benghazi! munitions through election day.  For that matter, it seems unlikely that the governments of the West, or the media cheerleaders thirsting for a rousing good vs. evil narrative, are very interested in exploring the morally fraught issue of blow back from the spectacular Libyan disaster, either. To sum up: the alleged and now reportedly deceased architect of the Paris attacks, Abdelhamid Abaaoud, did not fight “for IS.”  He fought “with” Katibat al-Battar al-Libi, a Libyan outfit whose presence in Syria predates that of ISIS.  Even after Katibat al-Battar al-Libi decided to pledge allegiance to ISIS, it retained its independent identity.  And it would appear unlikely that Abaaoud, as a European of Moroccan descent, would be a central figure in the brigade, whose personnel, funding, and mission seem to have largely emanated from Libya.
  • Despite his seemingly junior status in an autonomous militia, it is possible that Abaaoud was recruited by al-Baghdadi to commit the Paris outrage.  But foreign fighters flock to Syria not only to accumulate general jihadi merit, but also to acquire skills they could apply in their own struggles.  And Abaaoud may have gone to the Syrian war zone to hook up with an extremely capable Libyan outfit and acquire the experience and connections to fulfill his own ambitions for mayhem in Europe, and not necessarily to support the global or even local objectives of the IS caliphate.  So it is by no means axiomatic that Abaaoud returned to Europe with the mission to execute a high-level ISIS strategy. Instead, Abaaoud might have been an angry guy with the skills, resources, and inclination to commit mass murder on his own kick.  The police were already after him big time after the Verviers raid in January (we are now told that Abaaoud was “on” or a “candidate for” a spot on the drone assassination assignment list, but I wonder if this is post-hoc ass-covering).  So maybe he and his friends decided to pull the pin, and go out in a big way. I doubt we’ll ever get the full story.  But “Paris: Made in Libya” is an honest hook.
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    So the "mastermind" of the Paris attacks was a product of the U.S. war on Libya, not of ISIL. Why am I not surprised? 
Paul Merrell

Who owns space? US asteroid-mining act is dangerous and potentially illegal - 0 views

  • Nope, a flag is not enough to make the moon a colony.
  • An event of cosmic proportions occurred on November 18 when the US congress passed the Space Act of 2015 into law. The legislation will give US space firms the rights to own and sell natural resources they mine from bodies in space, including asteroids. Although the act, passed with bipartisan support, still requires President Obama’s signature, it is already the most significant salvo that has been fired in the ideological battle over ownership of the cosmos. It goes against a number of treaties and international customary law which already apply to the entire universe. The new law is nothing but a classic rendition of the “he who dares wins” philosophy of the Wild West. The act will also allow the private sector to make space innovations without regulatory oversight during an eight-year period and protect spaceflight participants from financial ruin. Surely, this will see private firms begin to incorporate the mining of asteroids into their investment plans.
  • Supporters argue that the US Space Act is a bold statement that finally sets private spaceflight free from the heavy regulation of the US government. The misdiagnosis begins here. Space exploration is a universal activity and therefore requires international regulation. The act represents a full-frontal attack on settled principles of space law which are based on two basic principles: the right of states to scientific exploration of outer space and its celestial bodies and the prevention of unilateral and unbriddled commercial exploitation of outer-space resources. These principles are found in agreements including the Outer Space Treaty of 1967 and the Moon Agreement of 1979. The US House Committee on Science, Space and Technology denies there is anything in the act which violates the US’s international obligations. According to this body, the right to extract and use resources from celestial bodies “is affirmed by State practice and by the US State Department in Congressional testimony and written correspondence”. Crucially, there is no specific reference to international law in this statement. Simply relying on US legislation and policy statements to justify the plans is obviously insufficient.
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  • Gbenga Oduntan is the author of Sovereignty and Jurisdiction in Airspace and Outer Space: Legal Criteria for Spatial Delimitation. London: Routledge-Cavendish 2012. https://www.routledge.com/products/9780415562126
  • Ever since NASA discovered signs of liquid water on Mars, concerns have been raised about the risk of contaminating the red planet.
  • So what’s at stake? We can assume that the list of states that have access to outer space – currently a dozen or so – will grow. These states may also shortly respond with mining programmes of their own. That means that the pristine conditions of the cradle of nature from which our own Earth was born may become irrevocably altered forever – making it harder to trace how we came into being. Similarly, if we started contaminating celestial bodies with microbes from Earth, it could ruin our chances of ever finding alien life there. Mining minerals in space could also damage the environment around the Earth and eventually lead to conflict over resources. Indeed what right has the second highest polluter of the Earth’s environment got to proceed with some of the same corporations in a bid to plunder outer space? While we’re not there yet, developments towards actual space mining may begin to occur within a decade.
  • Ultimately, the US plans must be understood in the light of existing rules of space law. Money is not a dirty word in space – the total value of the satellite telecommunications industry in 2013 was more than $195bn. Free market principles also apply to the operations of the International Space Station. So, let’s get down to the nitty-gritty.
  • Currently corporations can exploit outer space in a number of ways, including for space tourism and scientific training. Companies may also be allowed to extract certain resources, but the very first provision of the Outer Space Treaty (1967), to which the US is a signatory, is that such exploration and use shall be carried out for the benefit and in the interests of all countries. This therefore prevents the sale of space-based minerals for profit. The treaty also states that outer space shall be the “province of all mankind … and that states shall avoid harmful contamination of space". Meanwhile, the Moon Agreement (1979) has in effect forbidden states to conduct commercial mining on planets and asteroids until there is an international regime for such exploitation. While the US has refused to sign up to this, it is binding as customary international law. The idea that American companies can on the basis of domestic laws alone systematically exploit mineral resources in space, despite huge environmental risks, really amounts to the audacity of greed. The Romans had this all correctly figured out in their legal maxim: “What concerns all must be decided upon by all.”
Paul Merrell

United Nations: Whistleblowers Need Protection - 0 views

  • Daniel Kaye, the United Nations’ Special Rapporteur for Freedom of Expression, recently submitted a report to the General Assembly on the protection of whistleblowers and sources. The report highlights key elements of protections for whistleblowers, and is based in part on participation by 28 States as well as individuals and non-governmental organizations (NGOs). Among a host of best-practice protections featured in the report, the Special Rapporteur focuses particular attention on national security whistleblowers and sources, those whistleblowers who are often subject to criminal prosecution for exposing serious problems. Notably, the report recommended a public interest balancing test for disclosures in the national security field that could be used to claim protection from retaliation or as a defense when facing prosecution. This balancing test would promote disclosures where the public interest in the information outweighs any identifiable harm to a legitimate national security interest, and requires that the whistleblower disclose no more information than reasonably necessary to expose wrongdoing. A defense for blowing the whistle in the national security field would be a welcome one, as these whistleblowers often face prosecution under the Espionage Act, which could mean years of costly litigation for simply trying to expose practices that make us less secure. This balancing test is similar to one proposed last year by Yochai Benkler, a law professor and co-founder of the Berkman Center for Internet and Society, and supported by the Project On Government Oversight. The full report contains many best-practice recommendations that our Congress should consider to strengthen whistleblower protections domestically.
Paul Merrell

The NYPD's X-Ray Vans - The Atlantic - 0 views

  • In New York City, the police now maintain an unknown number of military-grade vans outfitted with X-ray radiation, enabling cops to look through the walls of buildings or the sides of trucks. The technology was used in Afghanistan before being loosed on U.S. streets. Each X-ray van costs an estimated $729,000 to $825,000.The NYPD will not reveal when, where, or how often they are used.
  • Here are some specific questions that New York City refuses to answer:How is the NYPD ensuring that innocent New Yorkers are not subject to harmful X-ray radiation? How long is the NYPD keeping the images that it takes and who can look at them? Is the NYPD obtaining judicial authorization prior to taking images, and if so, what type of authorization? Is the technology funded by taxpayer money, and has the use of the vans justified the price tag? Those specifics are taken from a New York Civil Liberties Union court filing. The legal organization is seeking to assist a lawsuit filed by Pro Publica journalist Michael Grabell, who has been fighting New York City for answers about X-ray vans for 3 years.“ProPublica filed the request as part of its investigation into the proliferation of security equipment, including airport body scanners, that expose people to ionizing radiation, which can mutate DNA and increase the risk of cancer,” he explained. (For fear of a terrorist “dirty bomb,” America’s security apparatus is exposing its population to radiation as a matter of course.)
  • A state court has already ruled that the NYPD has to turn over policies, procedures, and training manuals that shape uses of X-rays; reports on past deployments; information on the costs of the X-ray devices and the number of vans purchased; and information on the health and safety effects of the technology. But New York City is fighting on appeal to suppress that information and more, as if it is some kind of spy agency rather than a municipal police department operating on domestic soil, ostensibly at the pleasure of city residents.Its insistence on extreme secrecy is part of an alarming trend. The people of New York City are effectively being denied the ability to decide how they want to be policed.
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  • For all we know, the NYPD might be bombarding apartment houses with radiation while people are inside or peering inside vehicles on the street as unwitting passersby are exposed to radiation. The city’s position—that New Yorkers have no right to know if that is happening or not—is so absurd that one can hardly believe they’re taking it. These are properly political questions. And it’s unlikely a target would ever notice. “Once equipped, the van—which looks like a standard delivery van—takes less than 15 seconds to scan a vehicle,” Fox News reported after looking at X-ray vans owned by the federal government. “It can be operated remotely from more than 1,500 feet and can be equipped with optional technology to identify radioactivity as well.”
  • And since the technology can see through clothing, it is easy to imagine a misbehaving NYPD officer abusing it if there are not sufficient safeguards in place. Trusting the NYPD to choose prudent, sufficient safeguards under cover of secrecy is folly. This is the same department that spent 6 years conducting surveillance on innocent Muslims Americans in a program so unfocused that it produced zero leads—and that has brutalized New York City protestors on numerous occasions. Time and again it’s shown that outside oversight is needed.Lest readers outside New York City presume that their walls still stand between them and their local law enforcement agency, that isn’t necessarily the case. Back in January, in an article that got remarkably little attention, USA Today reported the following:
  • At least 50 U.S. law enforcementagencies have secretly equipped their officers with radar devices that allow them to effectively peer through the walls of houses to see whether anyone is inside, a practice raising new concerns about the extent of government surveillance. Those agencies, including the FBI and the U.S. Marshals Service, began deploying the radar systems more than two years ago with little notice to the courts and no public disclosure of when or how they would be used. The technology raises legal and privacy issues because the U.S. Supreme Court has said officers generally cannot use high-tech sensors to tell them about the inside of a person's house without first obtaining a search warrant. The radars work like finely tuned motion detectors, using radio waves to zero in on movements as slight as human breathing from a distance of more than 50 feet. They can detect whether anyone is inside of a house, where they are and whether they are moving.
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    About the technology from the patent holder's web site: http://as-e.com/resource-center/technology/z-backscatter/ Example photos of the Z Backspatter Vans and examples of X-Ray photos taken with it. https://goo.gl/MO1TVi  Forty percent higher radiation than airport security scanners. with a range of over a thousand feet. 12-seconds to conduct a scan.  
Paul Merrell

Still Secret: Second Circuit Keeps More Drone Memos From the Public | Just Security - 0 views

  • Secret law has been anathema to our democracy since its Founding, but a federal appeals court just gave us more of it.
  • We might forgive the citizenry’s confusion, though, in attempting to square those principles with the decision by the Second Circuit Court of Appeals, published yesterday, holding that the government may continue to keep secret nine legal memoranda by the Justice Department’s Office of Legal Counsel analyzing the legality of targeted killings carried out by the US government. It was just more than a year ago that the same panel of the same court ordered the government to disclose key portions of a July 2010 OLC memorandum that authorized the targeted killing of an American citizen in Yemen. At the time, the court’s opinion seemed to promise at least a partial solution to a problem straight (as the district court in the same case put it) from Alice in Wonderland: that [a] thicket of laws and precedents … effectively allow the Executive Branch of our Government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws, while keeping the reasons for its conclusion a secret.
  • Yesterday’s opinion retreats from that promise by keeping much of the government’s law of the targeted killing program secret. (In this and two other cases, the ACLU continues to seek more than 100 other legal memoranda authored by various agencies concerning targeted killing.) It does so in two ways that warrant attention. First, the court suggests that OLC merely gives advice to executive branch agencies, and that OLC’s legal memoranda do not establish the “working law” of the government because agencies might not “adopt” the memoranda’s legal analysis as their own. This argument is legally flawed and, moreover, it flies in the face of the public evidence concerning how the executive branch treats opinions issued by OLC. In an OLC memorandum published, ironically or not, the same day (July 16, 2010) and over the same signature (David Barron’s) as the targeted killing memorandum released at the Second Circuit’s behest last year, the OLC explains that its “central function” is to provide “controlling legal advice to Executive Branch officials.” And not even two weeks ago, the acting head of the OLC told the public that even informally drafted legal advice emanating from his office is “binding by custom and practice in the executive branch,” that “[i]t’s the official view of the office, and that “[p]eople are supposed to and do follow it.”
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  • But that’s not what the government told the Second Circuit, and it’s not what the Second Circuit has now suggested is the law. Second, the Second Circuit’s new opinion endorses the continued official secrecy over any discussion of a document that has supplied a purported legal basis for the targeted killing program since almost immediately after the September 11 attacks. The document — a September 17, 2001 “Memorandum of Notification” — is not much of a secret. The government publicly identified it in litigation with the ACLU eight years ago; the Senate Intelligence Committee cited it numerous times in its recent torture report; and the press frequently makes reference to it. Not only that, but the Central Intelligence Agency’s former top lawyer, John Rizzo, freely discussed it in his recent memoir. According to Rizzo, the September 17 MON is “the most comprehensive, most ambitious, most aggressive, and most risky” legal authorization of the last decade and a half — which is saying something. Rizzo explains that the MON authorizes targeted killings of suspected terrorists by the CIA, and in his new book, Power Wars, Charlie Savage reports that the MON is the original source of the controversial (and legally novel) “continuing and imminent threat” standard the government uses to govern the lethal targeting of individuals outside of recognized battlefields. The MON is also likely to have authorized an end run around the assassination “ban” in Executive Order 12333 — a legal maneuver that is discussed in, but almost entirely redacted from, an earlier OLC analysis of targeted killing.
  • In yesterday’s opinion, the Second Circuit upheld the government’s withholding of a 2002 OLC memorandum that “concerns Executive Order 12333,” which almost certainly analyzes the effect of the September 17 MON, as well as of five other memoranda that “discuss another document that remains entitled to protection.” If indeed that “document” is the MON, it would seem to be yet another case of what the DC Circuit pointedly criticized, in a 2013 opinion, as the granting of judicial “imprimatur to a fiction of deniability that no reasonable person would regard as plausible.” In that case, the DC Circuit went on to quote Justice Frankfurter: “‘There comes a point where … Court[s] should not be ignorant as judges of what [they] know as men’ and women.” Last year, the Second Circuit took that admonishment to heart when it published the July 2010 OLC memorandum. Unfortunately, yesterday, rather than once again opening the country’s eyes to the law our government is applying behind closed doors, the Second Circuit closed its own.
Paul Merrell

Japanese Gov admits "One" Fukushima Cleanup Worker contracted Cancer | nsnbc international - 0 views

  • The Japanese Labor Ministry announced that it has recognized that one Fukushima cleanup worker has contracted cancer. Some 44,000 workers have participated in the cleanup after the nuclear disaster in 2011. Most of the workers’ health history is undocumented while the government cracks down on journalists who document the government’s and Fukushima Daiichi operator TEPCO’s cover-up of the impact on workers’ health.
  • Some 44,000 workers have participated in the cleanup operation at the crippled Fukushima Daichi Nuclear Power plant since the plant was struck by three reactor core meltdowns, spent fuel fires, and the distribution of highly radioactive spent fuel rods and pellets during an explosion. The vast majority of the cleanup workers belong to socio-economically underprivileged strata of Japan’s society, including long-term unemployed and the homeless. Fukushima Daiichi operator TEPCO has been criticized for outsourcing the recruitment of cleanup workers to sub-contractors with ties to Japan’s organized crime network, the Yakuza. While the Labor Ministry’s admission that one cleanup worker contracted leukemia due to exposure to radioactive nucleides during his work at the disaster site may seem like “progress”, it merely covers the tip of an iceberg. Several factors contribute to what amounts to a systematic cover-up of the true impact on the health of cleanup workers. For one, there is Japanese legislation that threatens anyone, including journalists who disclose unauthorized information about the disaster and its detrimental health and environmental impact with up to ten years imprisonment.
  • Another factor is the systematic intimidation and threats against investigative journalists by the Japanese government, Japanese police, TEPCO, as well as by organized crime networks. One example is the case of independent journalist Mako Oshidori who interviewed and documented the cases of numerous cleanup workers. In 2014 Mako reported that she discovered a TEPCO memo, in which the Fukushima Daiichi operator TEPCO instructs officials to “cut Mako-chan’s (questions) short, appropriately”. Mako Oshidori was enrolled in the School of Life Sciences at Tottori University Faculty of Medicine for three years. Mako revealed that TEPCO and the government cover-up the death of Fukusjima workers and that government agents began following her around after she began investigating the cover-up.
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  • “As of now, there are multiple NPP workers who have died, but only the ones who died on the job are reported publicly. Some of them have died suddenly while off work, for instance, during the weekend or in their sleep, but none of their deaths are reported. … “Not only that, they are not included in the worker death count. For example, there are some workers who quit the job after a lot of radiation exposure, such as 50, 60 to 70 mili Sieverts, and end up dying a month later, but none of these deaths are either reported, or included in the death toll. This is the reality of the NPP workers”.
  • The Labor Ministry’s admission that “one cleanup worker contacted cancer” can, arguably, be perceived as nothing but a continuum of the cover-up of hard scientific data, the prevention of independent studies and the intimidation and criminalization of journalists who could disclose that thousands of Fukushima cleanup workers have fallen critically ill and/or have died.
Paul Merrell

Saudi Arabia Will Be Broke In 5 Years, IMF Predicts | Zero Hedge - 0 views

  • As crazy as it sounds, the Saudis are going broke. Of course you wouldn’t know it if you read the account of King Salman’s latest visit to Washington which included booking the entire DC Four Seasons and procuring a veritable fleet of Mercedes S-Class sedans.
  • You’d also be inclined to think that everything is fine if you simply looked at SAMA holdings (i.e. FX reserves) which still total nearly $700 billion. 
  • The problem however, is the outlook.  Fighting wars costs money and so does bribing the citizenry to ensure you don’t get some kind of Arab Spring-type uprising. When you endeavor to artificially suppress the price of the export that is the source for your wealth and international prestige (all in an epic attempt to bankrupt the competition and secure geopolitical “ancillary benefits”) you don’t do yourself any favors from a financial perspective and now, the Saudis are staring down a massive budget deficit and a current account that’s in the red for the first time in ages. So while things may look on the up and up from an FX reserve perspective (even as the cushion is at its lowest level since 2013) and while the kingdom has plenty of capacity to borrow with a debt-to-GDP ratio of just a little over 2%, things are about to get ugly very quickly going forward and if Riyadh decides to plunge headlong into Syria’s civil war, it will only get worse. Note that while debt levels are likely to stay low relative to a world where countries like Japan are borrowing so much that the number of decimal places won't even fit into a title, going from basically 0% to ~16% of GDP in the space of just 24 months isn't exactly a good sign:
Paul Merrell

Hacker claims to have breached CIA director's personal email - 0 views

  • An anonymous hacker claims to have breached CIA Director John Brennan's personal email account and has posted documents online, including a list of email addresses purportedly from Brennan's contact file. The CIA said it referred the matter to the proper authorities, but would not comment further. The hacker spoke to the New York Post, which described him in an article published Sunday as "a stoner high school student," motivated by his opposition to U.S. foreign policy and support for Palestinians. His Twitter account, @phphax, includes links to files that he says are Brennan's contact list, a log of phone calls by then-CIA deputy director Avril Haines, and other documents.
  • The hacker also claimed to have breached a Comcast account belonging to Homeland Security Secretary Jeh Johnson, and released what appeared to be personal information. One document purporting to come from Brennan's AOL email account contains a spreadsheet of people, including senior intelligence officials, along with their Social Security numbers, although the hacker redacted the numbers in the version he posted on Twitter. It's unclear why Brennan would have stored such a document in his private email account. Based on the titles, the document appears to date from 2009 or before. When people visit the White House and other secure facilities, they are required to supply their Social Security numbers. Brennan could have been forwarding a list of invitees to the White House when he was President Barack Obama's counter terrorism adviser, the job he held before he became CIA director in 2013.
  • The hacker told the Post he had obtained a 47-page version of Brennan's application for a security clearance, known as an SF86. That document — millions of which were stolen from the federal personnel office last year by hackers linked to China — contains detailed information about past jobs, foreign contacts, finances and other sensitive personal details. No such document appears to be posted on the hacker's Twitter account, but it's not clear whether the hacker posted it elsewhere.
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    Got to love it. I can think of few people more deserving of getting their email accounts cracked.
Paul Merrell

Holder Defends Record of Not Prosecuting Financial Fraud - 0 views

  • Former attorney general Eric Holder was the honored guest at a Reporters Committee for Freedom of the Press reception on Wednesday (leading investigative reporter Murray Waas to reasonably wonder: How’s that again?). And while I was primarily interested in hearing whether Holder regretted whiffing on torture prosecutions during his tenure (see story: “Holder, Too Late, Calls for Transparency on DOJ Torture Investigation”), I also asked him about whiffing on financial fraud prosecutions. Specifically, I noted his failure to hold accountable the people responsible for the wide-scale financial fraud that led to the massive economic recession of 2007-2009. And I noted that after he stepped down from his post in April, he went back to his job at Covington & Burling, the gigantic D.C. law firm whose clients have included many of the big banks that Holder chose not to prosecute. (The reception was actually held at Covington & Burling’s swanky new building downtown. While it was being built — while Holder was still attorney general! — the firm actually kept an 11th-story corner office reserved for his return. He was making over $3 million a year from the firm before his sojourn at the Justice Department; his current salary has not been disclosed.)
  • Holder bristled at my suggestion that there might be a connection between his current employer and his conduct at Justice, saying that many top prosecutors at Justice had pursued cases as best they could. “We were simply unable to do it under the existing statutes that we had, and given the ways the decision-making worked at those institutions,” he said. However, Holder had all the statutory authority he needed to prosecute straightforward crimes such as robosigning fraud, perjury in front of Congress by Goldman Sachs executives, or for that matter, HSBC’s money laundering for Mexican drug cartels. He simply chose not to. (In response to another questioner, he denied that any of his decisions not to prosecute were based on the massive legal teams that were fielded against the government.) Moreover, he actively waved off offers of additional help such as the suggestion from Sen. Sherrod Brown, D-Ohio, that Congress give him more staff for his Residential Mortgage-Backed Securities Working Group, or extend the statute of limitations on some crimes. At Wednesday’s event, Holder continued: “It’s an easy thing for people who are not a part of the process” to “ask questions,” he said. “It pisses me off, on the other hand,” for people “not conversant” in the process to “somehow say that I did something that was inconsistent with my oath or that I’m not a person of integrity.” “I’m proud to be back at the firm,” he said. “It’s a great firm. And I’m proud of the work I did at the Justice Department.”
  • Holder’s comment was only the most recent in a series of pronouncements from formerly powerful government officials that they were in fact powerless — while talking tough once they no longer have the ability to do anything about it. See, for instance, my colleague David Dayen’s recent article, “Bernanke Talks Tough But Was Weak When It Mattered,” about former Federal Reserve chair Ben Bernanke saying that more Wall Street executives should have gone to jail for criminal misconduct that led to the financial crisis. As Fed chair, Beranke could have initiated criminal referrals to the Justice Department, but chose not to. As attorney general, Holder could have made pursuing financial fraud a top priority. And he did not.
Paul Merrell

Political ignorance and bombing Agrabah - The Washington Post - 0 views

  • A recent Public Policy Polling survey found that 30% of Republicans and 19% of Democrats say they support “bombing Agrabah” – the fictional nation portrayed in the Disney movie Aladdin.
  • All of this is just part of the broader phenomenon of widespread political ignorance. For most people, ignorance about science and public policy is perfectly rational behavior, because there is so little chance that their vote will decisively affect electoral outcomes.
  • UPDATE #2: UPDATE: It is perhaps worth noting that a whopping 41% of Donald Trump supporters favor bombing Agrabah. This adds to the other evidence indicating that his support is disproportionately drawn from the least knowledgeable parts of the electorate.
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