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Gary Edwards

The Daily Bell - What TARP Boss Neil Barofsky Told Me Yesterday Should Shock You - 1 views

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    " The Daily Bell Newswire Editorial FRIDAY, MAY 17, 2013 What TARP Boss Neil Barofsky Told Me Yesterday Should Shock You By Bill Bonner 8 Bill Bonner The financial news is getting boring. The Dow goes only one way - up. But gold fell below $1,400 per ounce yesterday. Rather than trying to figure it out, yesterday evening we drove down to Zombietown. A friend in Washington had promised to introduce us to Neil Barofsky, inspector general of the TARP program. You remember TARP? It was the feds' $700 billion program to rescue the US economy from a correction. Neil Barofsky was in charge of it. So we decided to go down and ask him how it turned out... Meanwhile, in yesterday's International Herald Tribune was a small note: "Economists agree that spending cuts and tax increases have slowed the US recovery." Readers will recognize this as the usual claptrap. Government spending does not bring a genuine "recovery." C'mon... how many times do we have to explain? You take $5 worth of resources and give them to an armed 19-year-old in Afghanistan. He shoots a round or two into a mountainside... poof... the $5 is gone. Or you have an ATF official. He's idling his motor as he stakes out a house believed to be used by a cigarette smuggler. In a few minutes, or even seconds, the $5 has vanished. Or give the money to a disabled person; he buys a MoonPie and a Coke. Economists may record the spending as part of GDP... But how are you better off? You're $5 poorer, not $5 richer. But GDP growth is something economists feel they can control. So they go to work on it like a sex maniac strangling a prostitute. Nothing good comes of it. But at least they get results. And here comes Paul Krugman with more garroting wire! The New York Times Magazine: Keynesian economics rests fundamentally on the proposition that macroeconomics isn't a morality play - that depressions are essentially a technical malfunction. As the Great Depression deepened, Keynes famously declared
Paul Merrell

Aleksej Gubarev, of Russia's Webzilla, says hacking charges false | McClatchy DC - 0 views

  • A Russian venture capitalist and tech expert whose name and company are mentioned in the now-notorious document alleging connections between the Donald Trump campaign and Russian hackers says no intelligence officers have ever contacted him about the accusations, which he says are false.A report compiled by a former Western intelligence official as opposition research against Trump was made public Tuesday when BuzzFeed posted its 35 pages. The document included unsubstantiated claims of collusion between the Trump campaign team and the Kremlin.
  • It also alleged that global tech firm XBT Holding, with operations in Dallas, was instrumental in the hack of leaked Democratic Party emails that embarrassed Hillary Clinton and fellow Democrats.XBT, owner of Dallas-based enterprise-hosting company Webzilla, is run by a successful Russian tech startup expert, Aleksej Gubarev. In a phone interview from Cyprus, where he said he’d lived since 2002, Gubarev said he was surprised to see his name in the report.“I don’t know why I was there,” Gubarev said, adding that perhaps a competitor sought to discredit him. “I still don’t understand the true reason for this report.”The salacious innuendoes in the periodic reports about Trump’s personal life dominated social media headlines. The mention of Webzilla and Gubarev was among the more specific allegations: that XBT and affiliates “had been using botnets and porn traffic to transmit viruses, plant bugs, steal data and conduct ‘altering operations’ against the Democratic Party leadership.” Gubarev said he operated 75,000 servers across the globe and got real-time information if there had been hacking or illicit activity tied to his businesses. There is no evidence of that, he said, adding that no one has contacted him.“I have a physical office in Dallas. Nobody contacted me,” said Gubarev, adding that 40 percent of his business is handled over the servers it runs in Dallas and the United States accounts for about 27 percent of his global business.
  • McClatchy has reported that Sen. John McCain, R-Ariz., gave the bulk of the report to FBI Director James Comey on Dec. 9. The final pages of the report are dated Dec. 11. McClatchy had the report earlier but couldn’t verify any of its allegations. A federal law enforcement source told McClatchy that the document was being examined as part of a broader FBI inquiry into Russia’s influence on the U.S. election but wouldn’t characterize its credibility. A source familiar with the former Western intelligence expert who compiled the dossier told McClatchy that the ex-spy has extensive experience in tracking activities in the Kremlin.The report alleges that Gubarev and another hacking expert were recruited under duress by the FSB, the Russian intelligence-agency successor to the KGB. Gubarev said he had not been threatened or blackmailed, nor had his mother, who lives in Russia.
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  • XBT offers an array of tech services, from dedicated hosting of servers and cloud-based storage to developing apps for mobile phones and offering virtual private servers. His company advertises specialized services to software developers, advertisers, gaming companies and electronic-commerce enterprises. It also operates data centers in Russia, Asia, Europe and Dallas.
  • If law enforcement wants to talk with him, Gubarev said, his door is open.“I’m ready for any investigation. I’m ready to cooperate with everybody, he said.
Gary Edwards

What the hell just happened? 'Tyranny By Executive Order' | by Constitutional Attorney ... - 0 views

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    "What the hell just happened? That is the question that many Americans should be asking themselves following the news conference where Obama unveiled his plan for destroying the Bill of Rights to the U.S. Constitution. At first glance it appeared to be a case of Obama shamelessly using the deaths of innocents, and some live children as a backdrop, to push for the passage of radical gun control measures by Congress. Most of these have no chance of passing, yet, Obama's signing of Executive orders initiating 23 so called Executive actions on gun control seemed like an afterthought. Unfortunately, that is the real story, but it is generally being overlooked. The fact is that with a few strokes of his pen Obama set up the mechanisms he will personally use to not only destroy the Second Amendment to the Constitution, but also the First, Fourth, and Fifth Amendments. It will not matter what Congress does, Obama can and will act on his own, using these Executive actions, and will be violating both the Constitution and his oath of office when he does it. Here are the sections of the Executive Order that he will use: "1. Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background-check system." What exactly is relevant data? Does it include our medical records obtained through Obamacare, our tax returns, our political affiliations, our military background, and our credit history? I suggest that all of the above, even if it violates our fourth Amendment right to privacy will now be relevant data for determining if we are allowed to purchase a firearm. "2. Address unnecessary legal barriers, particularly relating to the Health Insurance Portability and Accountability Act, that may prevent states from making information available to the background-check system." This should be read in conjunction with section 16 of the order that says: "16. Clarify that the Affordable Care Act does not prohibit doctors
Paul Merrell

Is someone pinching pennies at Guantánamo prison? | Miami Herald - 0 views

  • Could the people at the Most Expensive Prison on Earth be pinching pennies?
  • Attorneys for the last 114 captives at the U.S. Navy base at Guantánamo Bay, Cuba, say they have been increasingly providing their clients with everything from T-shirts and socks and shoes to shampoo and vitamins to fill a long-term, unexplained need at the war on terror prison.Lawyers who have visited the prison as recently as this month say the captives’ U.S. military issue uniforms are faded, torn or tattered and their shoes have holes. In other instances, detainees tell their lawyers, personal hygiene supplies are cheap and simply don’t do the job. A case-in-point: When attorney Ramzi Kassem met detainee Shaker Aamer to share the news that the long-held Saudi prisoner was approved for transfer to Britain after Oct. 24, the captive was brought to their meeting in prison-issue canvas shoes held together by duct tape.
  • “Stuff’s just not getting replaced,” said attorney George Clarke who in late September spent about $300 on slip-on canvas shoes, plastic sandals, T-shirts and towels for his two detainee clients — both approved for repatriation, if the political situation improves in Yemen. “They say the stuff they get is crap. Or they’re not getting it.”Recently, he said, the detention center staff has been more accepting of contributions from the attorneys, suggesting prison commanders are confronted with a cash crunch or have realized they can pass along costs of basics to the private sector.
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  • At the prison, a spokesman declined to say whether the raggedy clothing reflected a new policy or budget cutbacks but dismissed a question on whether there was a supply issue. Detainee provisions “have not changed,” Navy Capt. Christopher Scholl said tersely by email. The prison would not provide a list of what constitutes basic issue prisoner provisions these days. Nor would Scholl address a question about whether the quality of prison-issue items had degraded.
  • The International Committee of the Red Cross would not say whether delegates have raised the issue in confidential talks with the prison commander. The Miami Herald spoke, separately, with 12 attorneys who have met captives in recent months and describe detainees showing up at legal meetings looking disheveled and needing replacement footwear or clothes. The attorneys say the appearance is noteworthy because through the years all but mentally ill captives have tried to tidy up for their legal meetings.“They’re looking pretty threadbare,” attorney Cori Crider of the nonprofit Reprieve legal defense group said from the U.S. Navy base Tuesday after she bought shampoo and socks for one prisoner. “It’s an escalating complaint that people are being left in rags.”The lawyers quote their clients as saying some supplies have disappeared entirely at the prison, which boasts Muslim sensitivity and humane treatment. Some just aren’t replaced frequently enough, they claim.
  • Into this vacuum attorneys who represent the detainees at no charge have for about nine months routinely spent hundreds of dollars on each trip to buy their clients basic provisions at the base commissary, the Navy Exchange, or NEX.In March, Chicago attorney Patricia Bronte, a solo practitioner, spent $136.25 on shoes and Gold Toe socks for her two Yemeni clients. She left them with a prison lawyer, who got them to the clients after she left the base — something she knows because she got thank-you notes via the prison’s legal mail system.
  • “I have noticed that sometimes the client appears at the meetings with shoes that look pretty beaten up. So I went to the NEX and I bought shoes and socks.” Also $6.12 in toothbrushes and toothpaste, according to her commissary receipt.“Understand, I’m not complaining. I don’t mind buying my clients shoes to improve their conditions,” she said. “It’s the gall of this country. To detain these guys for little or no reason for 14 years and not provide them with shoes is offensive.”
  • Prison officials had already stopped spending taxpayers’ money on books, videos and electronic games for the detainee diversion program, according to media visits in the past year, leaving it to the Red Cross and lawyers to donate to the Detainee Library. Kassem, the attorney, said his clients quoted guards and other prison staff as blaming budget cuts at the prison where the Pentagon maintains a 2,000-plus staff for 114 captives and has spent more than $5 billion. “Sometimes it’s a problem of poor toiletries — soap that doesn’t lather, toothpaste that doesn’t froth, deodorant that doesn’t prevent body odor,” said Kassem, a professor at the City University of New York School of Law whose legal clinic represents five Guantánamo detainees. Captives he sees in the prison’s iconic orange prison uniform are wearing old, torn and much less orange jumpsuits, he said.The prisoners are perplexed, Kassem said. “They’ve heard how much it costs per prisoner. They wonder, where’s all the money?”“Somebody’s pinching pennies, it seems,” he said, describing the prison-issue footwear on Aamer, the next detainee to be released, as “Oliver Twist tattered” despite repeated pleas for a replacement pair.
  • Over at the secret prison for former long-held CIA captives, Camp 7, the detainees are taking vitamin D furnished by defense attorneys Cheryl Bormann and Air Force Capt. Michael Schwartz.Walid bin Attash spent years without exposure to sunlight in a so-called CIA black site before he got to Camp 7 in 2006. Now, he’s told his lawyers, his medical record shows a severe vitamin D deficiency. He asked his defense team for a halal version of the supplement, which the prison doesn’t provide. One attorney, who asked not to be identified, quoted a prison medical officer as telling detainees “there’s no money for that.”So bin Attash’s lawyers ordered kosher vitamin D — no forbidden products in those gel caps — and gave it to the military staff attorney assigned to Camp 7. The prison’s medical officer has apparently doled them out to other former CIA black site captives because bin Attash needs a resupply sooner than a one-a-day distribution would require, Bormann said.“We’ve been having to purchase vitamin D for our client,” said Bormann, a criminal defense attorney with death-penalty experience. “It’s crazy.” At a civilian prison, she said, the lawyers wouldn’t have to buy and furnish it. They’d go to a federal or state judge, who would order the prison to provide it.
  • Lists of purchases provided by more than a dozen attorneys include toothbrushes, toothpaste, bar soap, shampoo, deodorant, slip-on sandals that double as slippers, white socks, white T-shirts, towels, no-lace sneakers, canvas slip-on shoes, pillows, books, individual DVD players, video games and audio tapes. Those reached the clients after a guard inspection — as did tahini, ginger, allspice, mint oil, mint tea, ginger tea, Nesquik, olive oil, ground cloves, henna and almonds, around Ramadan. Lawyers also said they have submitted other items that were rejected — notably black socks, hairbrushes, combs and aftershave (probably for its taboo alcohol content).
Gary Edwards

Gunrunning scandal uncovered at the ATF - CBS News Video - 0 views

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    This is the Sharyl Attkisson news report video that every American should take the time to view.  This is the trajic and still unfolding story of Obama's Project Gunrunner, where over 2,500 assault weapons, including 50 Caliber rifles, were ordered to be sold to criminal Mexican Drug Cartels.  Obama used over $10 Million of the Stimulous Act to fund the operation.  Now Mexican and American law enforcement and border patrol members are getting gunned down by the thugs Obama armed.  Must see video. excerpt: December 14, 2010. The place: a dangerous smuggling route in Arizona not far from the border. A special tactical border squad was on patrol when gunfire broke out and agent Brian Terry was killed. The assault rifles found at the murder were traced back to a U.S. gun shop. Where they came from and how they got there is a scandal so large, some insiders say it surpasses the shoot-out at Ruby Ridge and the deadly siege at Waco.........
Gary Edwards

Fast And Furious: 22 Shocking Facts About The Scandal That Could Bring Down The Obama A... - 0 views

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    Good summary of the facts involving the horrific guns for drugs program launched by Obama in his continuing efforts to discredit and compromise the 2nd Amendment.  Over 2,500 assault weapons intentionally sold to illegal Mexican drug gangs, using over $10 Million of Obama "Stimulous Funds".  No wonder there are no shovel ready projects.  Good stuff coming out of CBS too!  From Sharyl Attkisson... excerpt: With the full knowledge of the Department of Justice, ATF agents facilitated the sale of thousands of guns to Mexican drug cartels and dropped all surveillance of those weapons once they crossed the border.  Weapons sold during Operation Fast and Furious have been used to shoot U.S. border control agents.  Weapons sold during Operation Fast and Furious have been found at dozens of crime scenes in Mexico.  Nobody has been held accountable for this scandal yet.  U.S. Attorney General Eric Holder has been stonewalling all efforts by members of Congress to look into Fast and Furious.  A CBS reporter that has been aggressively investigating this story was recently screamed at and cussed at by a high ranking official that works in the White House.  It has become abundantly clear that the Obama administration desperately wants to hide what went on during Operation Fast and Furious.  So will they succeed or will we eventually find out the truth? What you are about to read should shock the living daylights out of you.  The U.S. government purposely armed Mexican drug cartels with thousands of guns and then ordered agents not to follow the weapons across the border. This should be a story that the mainstream media is pounding on every single day. But they aren't. In fact, they are mostly ignoring it.
Paul Merrell

Pentagon fears blowback from 'humane' Guantánamo video release | The Miami He... - 0 views

  • A Pentagon official is invoking the revulsion of Muslims worldwide over images of U.S. Marines urinating on corpses to predict the global backlash at seeing videos of Guantánamo troops hauling a captive to force-feedings.The Justice Department included the declaration in a renewed bid to prevent the public from seeing 32 videos made by U.S. forces at the detention center in Cuba. “While the videos at issue in this litigation do not in my opinion depict any improper treatment of the detainees, but rather the lawful, humane and appropriate interaction between guards and detainees,” wrote U.S. Navy Rear Adm. Sinclair Harris, “persons and entities hostile to the United States and its detention of enemy belligerents at Guantánamo Bay are likely to think otherwise.”Harris is vice director of operations at the Department of Defense Joint Staff, and said he had watched some of the videos — which lawyers say portray troops forcing captive Abu Wa’el Dhiab to tube feedings. The admiral said he concluded the images could be used for propaganda purposes to stoke anti-American sentiment and put U.S. citizens at risk in Iraq and Afghanistan.
  • Dhiab, 43, was cleared for release from Guantánamo years ago but can’t be repatriated to his native Syria, a nation now wracked with Islamic State violence. Instead, Uruguay has offered him sanctuary in a deal that was sidelined first by the Pentagon then by that South American nation’s elections. He has been protesting by hunger striking.Dhiab wants the videos released, according to one of his attorneys, Cori Crider, and so does a consortium of 16 media organizations, which petitioned a federal court in Washington, D.C. On Oct. 3, Judge Gladys Kessler ordered the U.S. government to obscure the faces and identities in the videos of everyone but the captive, then make them public. Tuesday, U.S. government lawyers notified Kessler’s court that it would file an appeal.
  • Dhiab’s attorney argues that ugly optics are no excuse.“I’ve seen the videos — and of course they’re upsetting,” Crider said Wednesday by email from Reprieve, a London-based law firm that represents Dhiab at no charge. “But that’s no reason to hide the truth from Americans.” “By that logic, think of all the government scandals that never would have seen the light of day,” she added, citing the 2003 photos of guards abusing detainees at Abu Ghraib prison in Iraq and images of the 1968 My Lai massacre that “changed the conversation about Vietnam.”Reprieve’s legal team discovered there were recordings during a forced-feeding challenge; the detention center says it has since discontinued taping the tube feedings for reasons of patient privacy.
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  • Harris suggested the videos could lead to the “perceived mistreatment of individuals,” and serve as a recruiting tool for the Islamic State. In his declaration he noted that South Florida journalist Steven Sotloff was forced by his captors to make an anti-Guantánamo statement before he was beheaded earlier this year. When Sotloff was killed, he was clad in an orange jumpsuit that has come to symbolize the prison in southeast Cuba.
  • Harris argued against release based on “prior experience from the release of certain provocative photographs and information.” He noted that “in 2012 the release of a video depicting Marines urinating on the corpses of alleged Taliban members was used as a recruitment tool for the Taliban and led to an Afghan soldier attacking and killing French troops.”It is not known when the U.S. Court of Appeals for the District of Columbia Circuit would take up the Justice Department appeal because Tuesday’s filing was not the appeal itself but notice to the court that the Obama administration was appealing Kessler’s release order.Separately, the prison camps commander Navy Rear Adm. Kyle Cozad, argued that disclosure of the videos would tip captives to certain techniques used by its tackle-and-shackle squad of soldiers — something Judge Kessler ridiculed in her ruling as “implausible” because the captives experience what is portrayed in the videos.
  • Cozad, however, suggested in a heavily redacted 13-page sworn statement that if the videos are released he might restrict access to news media in the cellblocks, a popular distraction at the detention center that the admiral characterized as “important for intellectual stimulation and overall morale.”He also listed a series of assaults that apparently occurred since he took over this summer, including a captive who resisted his force-feeding by biting a guard and another who hit a soldier in the face with a handcuffed fist.He called the videos a useful tool for the prison, saying staff likened them to “an NFL team watching video of the previous week’s football game to determine what plays worked well, what they did wrong, and what they could do better during the next game.”
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    If DOJ does not win its appeal, watch for the GITMO prisoner to be suddenly released in order to moot his case so the video doesn't have to be disclosed.  
Paul Merrell

Guantánamo defense attorney: Emails portray Pentagon meddling in death-penalt... - 0 views

  • A USS Cole case defense attorney read aloud from just disclosed emails Tuesday in a ongoing bid to portray a recent order to war court judges to live permanently at Guantánamo as unlawful meddling meant to rush justice in the death-penalty case.Navy Cmdr. Brian Mizer, defending Abd al Rahim al Nashiri, said the documents he got through a court order overnight demonstrated that the Pentagon office knew that the rule change adopted last month would not just make waves but could constitute the U.S. military crime of unlawful influence.“In trying to speed up a trial, are we affecting its fairness?” wrote a legal adviser, Cmdr. Raghav Kotval, on the staff of the Convening Authority for Military Commissions. “If, for example, the judge is less inclined to grant a continuance because it means more time on Gitmo, is that adverse to the accused?”The Nov. 14 email circulated among U.S. military legal staff reviewing a proposed war-court regulation for the Convening Authority, retired Marine Maj. Gen. Vaughn Ary, the Pentagon–based overseer of military commissions. Less than a month later, on Dec. 9, Ary formally asked Deputy Secretary of Defense Robert Work for the change. Work did just that on Jan. 7, ordering judges assigned to Guantánamo cases to give up their prestigious day jobs.
  • Defense lawyers cast the open-ended relocation order to judges living with family in more comfortable settings in Italy and the East Coast of the United States as punishment that exiles them for not proceeding swiftly through a complicated pretrial phase to trials. The 9/11 and USS Cole case judges have spent years navigating thorny pretrial issues — such as torture and secrecy, CIA involvement in the court and evolving war court law.A case prosecutor, Navy Lt. Paul Morris, dismissed the documents as nothing more than routine “brainstorming of potential issues” among colleagues. Another prosecutor, Army Col. Robert Moscati, said there was no proof that their boss, Ary, knew of the reservations they raised.Ary was scheduled to testify Wednesday by video-teleconference from his headquarters outside Washington, D.C.
  • In a filing, prosecutors defend the judge’s move-in order as simply surging staff to the war court for “the increased operational tempo that’s expected.”The three war court judges hearing Guantánamo cases have not complied, in part, because the top lawyers in the Army, Navy and Air Force were taken by surprise by the decision that strips them of judges who handle the courts-martial of American service members, too. Mizer cast Kotval as a potential whistleblower, and asked the judge to order his testimony along with that of two other U.S. military officers serving as Ary’s legal advisers in the email chain that received this from Kotval:“Issue: Are we coercing or by unauthorized means influencing the action of a judge?” he wrote. “If not, why are we intruding on what is not typically or traditionally a convening authority’s role. What is the explanation for the action?”Defense attorneys call the order an example of unlawful command influence — a crime in the U.S. military — designed to rush the judges to trial so they can leave this remote base. They want the case dismissed.
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  • Nashiri, a 50-year-old Saudi, is accused of masterminding the al-Qaida suicide bombing that killed 17 U.S. sailors off the coast of Yemen, and the Pentagon prosecutor wants him executed if convicted. But his trial has been mired in complex pretrial proceedings involving secrecy surrounding his 2002-06 detention in the CIA’s secret prison network before he was brought to Guantánamo for possible trial. Judge Spath, for his part, sounded troubled that there was no wider consultation, for example with the top lawyers of the different services, before Ary went to the Deputy Secretary of Defense.He left open the possibility that he might call some of the emailers in Ary’s office as witnesses — as well as the Army’s top lawyer, Lt. Gen. Flora Darpino, who according to another email that surfaced in the case was resisting the Pentagon order to provide judges to the war court declaring, “I can’t afford to lose them to Cuba.”
  • Spath said he was also troubled to see a staffer’s email declaring — “The judges and the defense are aligned on this issue” and “The judges don't want to move” — and wondered aloud if the junior lawyers on Ary’s staff got that impression from the boss.Spath added that the question of “unlawful influence” could “permeate everything in a trial,” and that he would address nothing else at Guantánamo until the issue was resolved. “I want to get you a ruling while we’re down here,” he said, “so we can all then go to our respective places and deal with whatever fallout that might bring.”
Paul Merrell

9/11 lawyers trade barbs over CIA 'black site' translator turned Guantánamo d... - 0 views

  • The Sept. 11 trial judge and prosecutors struggled Wednesday to find a way forward out of the startling discovery that a former CIA linguist tasked to translate for an alleged 9/11 plotter earlier worked at a secret CIA prison.Defense lawyers, who say their clients were tortured in the agency’s secret prison network, asked to take sworn testimony from the man. They also asked the judge to halt the intended two-week pretrial hearing, the first since August, to conduct an inquiry and perhaps new background checks on defense team staff in the complex, five-man death-penalty prosecution. About 130 people, both military and civilian, work at the Office of the Chief Defense Counsel.“This has so decimated any trust on this team,” said defense attorney Cheryl Bormann, her voice cracking, “we can't go forward.”
  • Army Col. James L. Pohl, the judge, said he’d hear from prosecutors Thursday on the request to question the former CIA linguist who had been working temporarily for the team representing accused terrorist Ramzi Bin al Shibh since August. A new translator, who just got his security clearance on Friday, was flown in Tuesday from Miami. Meantime, defense and prosecution attorneys traded accusations over how the contract linguist came to sit beside Bin al Shibh on Monday in a courtroom where four of the five accused 9/11 conspirators said they recognized him from their years of secret detention.
  • War court Arabic language linguists come from a pool of names provided by approved Pentagon contractors. They require special security clearances that allow them to work with secret intelligence. Bin al Shibh’s lead counsel, Jim Harrington, said after court that he and a co-counsel vetted the linguist in August, and he had no idea of the translator’s previous CIA work before the alleged terrorist disclosed it in court Monday.“The problem is I cannot trust him because he was working at the black site with the CIA, and we know him from there,” said Bin al Shibh, a Yemeni accused of functioning as a 9/11 plot deputy.
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  • Bormann wants to investigate “every defense team member” past and present for undisclosed previous work, and told the judge the prosecution filing on the CIA linguist episode was an “out and out falsehood.” Nevin asked the judge to suspend proceedings “until we can get to the bottom of this issue.”The issue is the latest to beleaguer preparation for the trial of the five men accused of conspiring in the Sept. 11, 2001 terror attacks, and, as defense lawyers see it, fodder for an eventual motion to dismiss the case for outrageous government conduct.It had already been sidelined by what defense lawyers called an FBI infiltration of their privilege by agents secretly questioning team members then having them sign non-disclosure agreements.
  • It was the FBI snooping episode that set up this week’s CIA linguist scandal. Little is known about what the FBI was investigating in secret approaches and questioning of defense teams. But as a result, Bin al Shibh’s earlier translator lost his security clearance and his job.They settled on a new permanent linguist, who didn’t arrive on this remote base until Tuesday.In between, the temporary translator who worked at a CIA black site had been filling in since August, off and on, according to Harrington — and had met Bin al Shibh earlier.
  • But Bin al Shibh only disclosed in court Monday that he recognized the linguist from a secret prison where Bin al Shibh had been held captive before his arrival at Guantánamo in 2006. Accused accomplices Ammar al Baluchi and Walid bin Attash recognized him, too, as did Mohammed. The three were apparently seeing the translator for the first time at Guantánamo in court Monday.
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    Dismissal for outrageous conduct is what needs to happen. And the officials who ordered the penetration of the defense team in the FBI and CIA need to be dismissed from government and prosecuted criminally. 
Paul Merrell

Pentagon: 9/11 defense team linguist was CIA asset | The Miami Herald The Miami Herald - 0 views

  • The military confirmed Tuesday that a linguist tasked to serve on the death-penalty defense of an alleged Sept. 11 plotter had previously worked for the CIA but would not say whether he worked at a black site.The revelation Monday by alleged plot deputy Ramzi bin al Shibh, 42, brought this week’s resumption of the Sept. 11 hearings, the first in six months, to a screeching halt. All but one of the five alleged 9/11 conspirators said they independently recognized the stony-faced translator seated beside bin al Shibh at the war court from their years in the spy agency’s secret overseas prisons.The five men, led by alleged mastermind Khalid Sheik Mohammed, 49, are accused of orchestrating, financing and training the men who hijacked four aircraft and killed nearly 3,000 people at the World Trade Center, Pentagon and a Pennsylvania field on Sept. 11, 2001.
  • Defense attorneys accuse the CIA of torturing their clients and then seeking to hide the evidence from their death-penalty trials. They also allege U.S. government and military interference is designed to disrupt their work with the accused.The five defendants return to court Wednesday to figure a way forward after the revelation, the latest snag in pretrial hearings for the case that has no trial date. The judge, Army Col. James L. Pohl, gave lawyers Tuesday to conduct research, and trade classified court filings — starting with one by the prosecution Monday night that apparently described the controversial contract linguist’s intelligence background.Tuesday afternoon, a Pentagon spokesman, Army Lt. Col. Myles B. Caggins, said the linguist “has in the past made readily available to prospective supervisors his prior work experience with the United States government, including with the CIA.”
  • Caggins would not say whether the linguist worked at a CIA “black site,” an overseas prison where agents secretly interrogated prisoners and subjected them to brutal techniques — waterboarding, nudity, sleep deprivation, painful shackling and a quasi-medical procedure called rectal rehydration. He did, however, distance the case prosecutor, Brig. Gen. Mark Martins, from the disruption, saying his office “does not have any role in providing linguists to defense teams in military commissions.” He said defense lawyers get to vet their own linguists.“We vetted him. He denied it,” Bin al Shibh’s attorney, Jim Harrington, said Tuesday evening. Harrington said his team pointedly asked the linguist whether he had “participated in any interrogation, questioning or done any work with respect to detainees. Any place. His résumé denies it. It says he worked someplace else — Reston, Va., from 2002 to 2006.”Bin al Shibh was held in a series of secret overseas prison from his capture in Pakistan on Sept. 11, 2002until his arrival at Guantánamo four years later. Even then, according to the so-called Senate Torture Report, he remained in CIA custody.Defense lawyers want more information.
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  • “We will be filing motions for discovery regarding the former CIA interpreter utilized by Mr. Bin al Shibh’s defense team,” said attorney Cheryl Bormann, defending the alleged terror trainer Walid bin Attash, 36, who she said was shaken at seeing someone from a black site.Bormann also said she would be seeking a court order from Judge Pohl similar to the one Pohl styled after disclosure that FBI agents were investigating and questioning members of the 9/11 defense team: Instructing the defense team members to disclose if they worked for the CIA or a CIA contractor, absolving them of any Non Disclosure Order they signed with the CIA.“If people aren’t truthful about their background,” Bormann said, “there’s really no way for us to determine whether or not they are inappropriately assigned to our team.”
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    So, it sounds like the CIA was trying to sneak an agent who understands Arabic into the GITMO defendants' defense team. This, after the FBI was caught interrogating a defense team member. Time to dismiss the charges and free the defendants, I think. These men can't get a fair trial. 
Paul Merrell

Secret program at secret Guantánamo prison hears everything | Miami Herald - 0 views

  • A secret Defense Department program provides unfettered eavesdropping on the accused terrorists imprisoned at Guantánamo’s clandestine Camp 7 lockup, recently released war court documents show.Army Col. James L. Pohl, the judge in 9/11 trial, discovered the existence of the secret surveillance program during a recent war court hearing. Little is publicly known about the program, not even its unclassified two-word nickname.
  • The disclosure of pervasive eavesdropping at Guantánamo’s lockup for 14 former CIA prisoners comes in before-and-after documents released by the court from the recent Oct. 19-30 pretrial hearings in the death-penalty case of five men accused of orchestrating the hijackings that killed nearly 3,000 people on Sept. 11, 2001.At issue was accused 9/11 plotter Walid bin Attash’s request for guidance on how he could function as his own attorney. Bin Attash is a Yemeni in his mid-30s who is accused of training some of the hijackers. “You must assume anything you say in Camp 7 is not confidential and will be disclosed to the U.S. Government,” warns an Oct. 23 draft of the advisory, crafted after the judge was informed of the covert program. “Only when you are in Echo 2 will anything you say be covered by the attorney-client privilege.”An Oct. 20 draft of the advisory omits those lines.
  • This is not the first time in the proceedings that a surveillance program caught Pohl by surprise. In January 2013, he ordered the CIA to unplug a button that allowed an unseen observer to cut the court’s audio feed to the public. Perhaps ironically, the lone site the judge considers safe for consultative trial preparation — the Camp Echo compound of wooden huts, each containing a cell — at one time had covert recording devices that looked like smoke detectors. The judge ordered them disabled in February 2013.Attorney Dror Ladin of the American Civil Liberties Union, who was an observer at the Guantánamo hearings last month, said the apparent disclosure of “pervasive surveillance at Camp 7” is the latest issue to challenge the possibility of a fair trial.“It is shocking that for years neither defense counsel nor the judge were made aware that the government was capturing everything said aloud by the detainees there,” he said Thursday. It also adds to mounting questions of “how these military commissions can produce a fair result,” said Ladin, especially if one of the men represents himself. “These are detainees who really can’t see the evidence against them and simultaneously have been provided no rehabilitation services for the torture they suffered for years. It would be astonishing if any of them could craft a fair defense for capital charges.”
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  • A defense attorney in another case said the prosecution wants to use a surreptitiously recorded conversation between two Camp 7 captives against an alleged al-Qaida commander. And in 2012 the journalist Daniel Klaidman wrote in his book “Kill or Capture” that the U.S. government had recordings made in a Guantánamo prison recreation yard of the alleged Sept. 11 mastermind Khalid Sheik Mohammed talking about evidence that could be used against him.The latest disclosure comes at a time of decreasing transparency at the war court.On Oct. 29, the judge held a 13-minute secret session without advanced notice to the public. A day later the judge wrote in a three-page ruling that he closed the court at the request of “the Government” — war-court-speak for the prosecution — to protect state secrets whose disclosure “could result in grave danger to national security.”Pohl also ordered the court to issue a censored transcript of the parts the excluded public and accused would be allowed to see. No transcript has been released.Then the next day, Oct. 30, the judge held a daylong, open hearing on a restraining order he issued forbidding female guards from touching the 9/11 accused when they are being taken to court or legal meetings. The judge’s order has outraged members of Congress and the Pentagon brass.
  • In that public court hearing, soldiers called as witnesses from the prison discussed staffing patterns at Camp 7. Normally the Pentagon releases transcripts of open hearings the same day. Unusually, the court has not yet released the Oct. 30 transcript. A Pentagon spokesman suggested Thursday — 13 days after the open court hearing — that somebody was scrubbing the transcript of information already made public. “The security review of the Oct. 30 transcript remains ongoing,” said Navy Cmdr. Gary Ross. “We will provide an update once additional information becomes available.”Much of the October session focused on bin Attash’s question about how he’d act as his own lawyer in a system that does not let the accused terrorist see classified information in the case. The judge and attorneys devoted days to designing a script Pohl would read to any accused 9/11 terrorist who tries to take charge of his defense — and spent a full afternoon huddling in a closed meeting on the secret program.
  • In it, Pohl made clear that he never intended to let bin Attash dismiss his Pentagon-paid defense attorneys — Chicago criminal defense attorney Cheryl Bormann and Air Force Maj. Michael Schwartz. Instead, the script shows Pohl planned to appoint Bormann and Schwartz as “standby counsel” the judge could activate to carry out cross-examination of certain witnesses who might have “particular sensitivities” to being questioned by the alleged terrorist.“If you are represented by lawyers, then it is the lawyers, and not you, who will conduct the defense,” the warning says. “Correspondingly, if you represent yourself, you will be able to perform the lawyer’s core functions, but you will not necessarily be allowed to direct special appearances by counsel when it is convenient to you.”The language suggests a far more limited role by the American lawyers than those carried out in an aborted attempt to hold the Sept. 11 trial during the Bush administration. In those proceedings, alleged 9/11 terrorists serving as their own lawyer regularly had standby counsel write and argue motions in court.The script also envisions a scenario in which an accused 9/11 plotter serving as his own lawyer becomes unruly, disruptive or disobedient rather than respect “the dignity of the courtroom.” In such a case, the judge said he could deal with “obstructionist misconduct” by putting “physical restraints” on bin Attash or ejecting him from the court.Bin Attash, for his part, has not been noticeably disruptive across years of pretrial proceedings. An amputee, he was brought to his May 5, 2012 arraignment in a Guantánamo prison restraint chair routinely used for forced-feeding of hunger strikers — with guards carrying his prosthetic leg separately.
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    It's long past time to recognize that the military cannot provide a fair trial for GITMOI detainees, transfer them to the U.S., and try them in a civilian Article II court. If this kind of crap were going down before an Article II judge, those conducting the surveillance would be sitting in jail. 
Paul Merrell

Former public testimony disappears from Guantánamo transcripts | Miami Herald - 0 views

  • For hours on a Friday, a staff sergeant using the fake name “Jinx” testified in open court about her yearlong work here at a prison for suspected terrorists once considered the CIA’s prized war-on-terror captives.
  • The few reporters who went to court or watched on video feeds from Guantánamo to Fort Meade, Maryland, as well as a dozen legal observers and the mother and sister of a man killed in the World Trade Center on Sept. 11, 2001, heard her say all that in open court. But as far as the public court record is concerned, those things were never said.
  • In a first for the war court, intelligence agencies scrubbed those and other facts — including questions asked by the judge, Army Col. James L. Pohl — from a 379-page transcript of the Oct. 30 pretrial hearing in the 9/11 death-penalty case. A Miami Herald examination counted more than 130 pages with blacked out public testimony. Of them, 37 pages are completely redacted in the latest challenge to the remote war court’s motto, “Fairness, Transparency, Justice.” Typically the court releases the transcripts “word for word with no redactions,” chief prosecutor Brig. Gen. Mark Martins told reporters Saturday, defending the “rare” exception of “ex-post redactions” as a security necessity.“I have not encountered it actually thus far for a transcript to be redacted. But there is a rule that enables that,” he said. “The government is fully entitled to look and say in the aftermath … ‘It ought to be protected, it could be damaging.’”
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  • At issue on Oct. 30 was Pohl’s January restraining order forbidding female guards from touching the alleged Sept. 11 plotters as they come and go from court and legal meetings, an accommodation to their Islamic traditions. The restriction recently sparked outrage among top Pentagon brass and some in Congress. The issue is unlikely to be resolved before a closed session in February to hear classified testimony.But now, in light of the retroactive redacting, case lawyers and the Sept. 11 trial judge will spend Monday huddling in closed court — no public, none of the accused conspirators listening — as they discuss how to go forward with the testimony on Pohl’s controversial restraining order.Yale Law School lecturer Eugene Fidell, whose specialty has long been military justice, said the court has a 40-second audio delay to the public and a security officer assigned to block the feed with white noise and warned that the after-the-fact censorship could be “the new normal.”
  • “The military has a real allergy to transparency,” said Fidell after declaring himself dumfounded by the effort to “sanitize stuff that has already been uttered in open court.”“Obviously there are things that can and must be kept secret,” he said. “But to try to get the genie back in the bottle for information that has already been uttered in a public proceeding — especially where there’s a time delay to protect classified information — is preposterous.”
Paul Merrell

Syrian rebels: Turkey tipped al Qaida group to U.S.-trained fighters | McClatchy DC - 0 views

  • The kidnapping of a group of U.S.-trained moderate Syrians moments after they entered Syria last month to confront the Islamic State was orchestrated by Turkish intelligence, multiple rebel sources have told McClatchy.The rebels say that the tipoff to al Qaida’s Nusra Front enabled Nusra to snatch many of the 54 graduates of the $500 million program on July 29 as soon as they entered Syria, dealing a humiliating blow to the Obama administration’s plans for confronting the Islamic State. Rebels familiar with the events said they believe the arrival plans were leaked because Turkish officials were worried that while the group’s intended target was the Islamic State, the U.S.-trained Syrians would form a vanguard for attacking Islamist fighters that Turkey is close to, including Nusra and another major Islamist force, Ahrar al Sham.A senior official at the Turkish Foreign Ministry, who spoke only on the condition of anonymity, declined to respond to questions about the incident, saying any discussion of Turkey’s relationship with Nusra was off limits.
  • Other Turkish officials acknowledged the likely accuracy of the claims, though none was willing to discuss the topic for attribution. One official from southern Turkey said the arrival plans for the graduates of the so-called train-and-equip program were leaked to Nusra in hopes the rapid disintegration of the program would push the Americans into expanding the training and arming of rebel groups focused on toppling the government of Syrian President Bashar Assad. In Washington, Pentagon spokesman Navy Capt. Jeff Davis said the U.S. military, which oversees the program, had seen “no indications that Turkish officials alerted the Nusra Front to the movements” of the U.S.-trained forces. “Turkey is a NATO ally, close friend of the United States and an important partner in the international coalition” against the Islamic State, he said in an email.The United States and Turkey have clashed for years over what U.S. officials characterize as Turkey’s willingness to work with Nusra, which the U.S. declared a foreign terrorist organization nearly three years ago. Turkey also has openly criticized the train-and-equip program for its insistence that participants agree to focus their efforts on defeating the Islamic State, not on battling Assad.The abductions opened the program to ridicule in the United States, where supporters of arming Syrian rebels quickly used it to make their case that Obama administration policy toward the Syrian conflict is inept.
  • “Only the Americans and the Turks knew” about the plans for the train-and-equip fighters to enter Syria, said an officer of Division 30, the rebel group with which the newly trained Syrians were to work. “We have sources who tell us the Turks warned Nusra that they would be targeted by this group.”
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    The empire's Turkish branch is in a state of disorder.
Paul Merrell

Turkey denies allegations it tipped off al Qaida abductors | McClatchy DC - 0 views

  • The Turkish government Tuesday denied accusations by Syrian rebels that its intelligence service had tipped off an al Qaida-linked group that then abducted the commander and 20 members of a U.S.-trained group of Syrian fighters about to confront the Islamic State.In a statement to McClatchy, which first reported on Monday the allegations from multiple Syrian rebel groups that the Nusra Front had been alerted by the Turkish government, Turkish Prime Minister Ahmet Davutoglu’s office said it denied “the allegations in the strongest terms possible. The idea that Turkey, a key supporter of the Train and Equip Program, would seek to undermine its own interests in Syria is ludicrous.” The statement was attributed to a senior member of the prime minister’s office.The dispute centers around the arrival into Syria of the first 54 members of a program by a coalition of anti-Islamic State members – including the U.S., Jordan, the United Kingdom and Turkey – to train and equip carefully vetted Syrian rebels for the fight against the Islamic State in Syria. The so called “T&E” group is part of a moderate Syrian rebel group known as Division 30, which has drawn members from a variety of units that were once under the umbrella of the Free Syrian Army. The FSA led the initial military uprising against the Syrian regime of Bashar Assad before being eclipsed by a number of jihadist and Islamist groups, including the Islamic State.
  • On July 29, the 54 fighters and their commander, Col. Nadim Hassan, arrived in Azaz, along the Turkish border, where they were immediately abducted or attacked by the Nusra Front. Hassan and about 20 of his men remain held by Nusra, which has declared the group an American front designed to target Islamists, despite the group’s repeated insistence that it would only participate in operations against the Islamic State, which Nusra, despite sharing a common ideology and origins in al Qaida in Iraq, also fights.
  • The United States has frequently clashed with both the Syrian opposition and Turkey over the role of Islamist groups in the Syrian civil war. But many of America’s allies in the region and inside Syria have been loath to cut ties to the groups and continue to cooperate with them both politically and on the battlefield. The Turkish prime minister’s statement added that – despite a widespread belief among other Syrian rebel groups and many regional analysts that it has cooperated with Nusra in the past – it considers Nusra a terrorist organization and has no official contact. “We regard the claims as part of a defamation campaign against Turkey,” the statement said. “In the past, we have repeatedly stated that the government of Turkey designates and treats al Nusra Front as a terrorist organization. There has been absolutely no change in our policy toward the organization.”EDITORS: STORY CAN END HERESpeaking on the condition of anonymity, a Turkish intelligence official said that the breakdown in security, which left the future of the $500 million training program in grave doubt, was the result of members of Division 30 openly advertising their movements on social media.
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  • “Everyone was talking about that (deployment,)” the official said. “Many groups on the ground, the (Islamist) opposition all were talking about when and how (the T&E) might enter Syria. There might be resentment because the incoming forces had good money, education and training. No one wanted them to be successful.”But Turkey itself has long criticized the T&E program for not only being too small in scale but for only focusing on the Islamic State, an argument repeated by Foreign Minister Mevlut Cavusoglu in a televised statement Tuesday evening, who said the abduction of the group proved that Turkey’s concerns were justified.“Now it is seen that Turkey’s (thesis) appears justified on T&E,” he told reporters. “We have been saying for a long period that in order to fight against (the Islamic State), the T&E program alone will not be enough, but can be a supportive element.”
Paul Merrell

'Top Secret' emails found as Clinton probe expands to key aides | McClatchy DC - 0 views

  • As pressure builds on Hillary Clinton to explain her official use of personal email while serving as secretary of state, she faced new complications Tuesday. It was disclosed her top aides are being drawn into a burgeoning federal inquiry and that two emails on her private account have been classified as “Top Secret.”The inspector general for the Intelligence Community notified senior members of Congress that two of four classified emails discovered on the server Clinton maintained at her New York home contained material deemed to be in one of the highest security classifications - more sensitive than previously known. The notice came as the State Department inspector general’s office acknowledged that it is reviewing the use of “personal communications hardware and software” by Clinton’s former top aides after requests from Congress.
  • The expanding inquiry threatens to further erode Clinton’s standing as the front-runner for the Democratic presidential nomination. Since her reliance on private email was revealed in March, polls in crucial swing states show that increasing numbers of voters say Clinton is not honest and trustworthy, in part, because of her use of private emails.
  • Sen. Chuck Grassley, the Republican chairman of the Judiciary Committee, wants Clinton and her aides to “come clean and cough up” information about their personal email use. “Both the State Department and Intelligence Community inspectors general should be looking into the staff use of the Clinton private server for official State Department business. This means giving both inspectors general access and custody of all emails that haven’t already been deleted,” said Grassley of Iowa. “From what is publicly known, it appears that the investigation thus far has focused so much on the former secretary of state, that it’s gotten lost that high-level staff apparently also used this server too.” State Department spokesman John Kirby referred to the Intelligence Community’s disclosure as a recommendation to “upgrade” the two emails’ classification to “Top Secret.” In a statement, he said that “while we work with the Director of National Intelligence to resolve whether, in fact, this material is actually classified, we are taking steps to ensure the information is protected and stored appropriately.”
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  • At least four top aides have turned over records, including copies of work emails on personal accounts, to the State Department, which is collecting them in response to a subpoena from Capitol Hill, according to the department. Lawmakers have demanded records, including personal emails, from six other aides, but it’s unknown whether they used personal email for work.
Gary Edwards

US government openly admits arming Mexican drug gangs with 30,000 firearms - but why? - 0 views

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    Why would the Obama administration actively send 30,000 sniper rifles, assault weapons and firearms into Mexico even while claiming to follow an anti-gun stance back in the USA? To answer that question, you need to understand P.R.S -- Problem, Reaction, Solution. It is the "playbook" that governments use to get what they want, which usually involves: 1) Disarming their populations, 2) Taking away all their rights and freedoms, and then 3) Ruling over their people as tyrants with complete power. Precisely such an effort is now underway in the United States, led by the Obama administration which has repeatedly demonstrated itself to be an enemy of the U.S. Constitution and its Bill of Rights. How Problem, Reaction, Solution really works If you're the U.S. government, you can't just announce a new program to disarm the country, end the Bill of Rights and install yourself as the King. People won't go for it if you try to sell it that way. Instead, you need to find a way to get people to BEG you to do all that. So you need a way to put people in a state of mind where they are terrified of drugs, terrified of guns and terrified of the border violence -- to the point where they insist that somebody in Washington do something about it. Therefore, you first need a way to cause the problem that results in all the violence that people react to. You effectively need to create violence and then wait for people to beg you to stop it. This is where the Obama administration's program to send 30,000 firearms into Mexico comes into play. If you want to cause gun violence and drug war violence, what better way to accomplish it than to just arm all the bad guys?
Paul Merrell

Why Does the FBI Have to Manufacture its Own Plots if Terrorism and ISIS Are Such Grave... - 0 views

  • The FBI and major media outlets yesterday trumpeted the agency’s latest counterterrorism triumph: the arrest of three Brooklyn men, ages 19 to 30, on charges of conspiring to travel to Syria to fight for ISIS (photo of joint FBI/NYPD press conference, above). As my colleague Murtaza Hussain ably documents, “it appears that none of the three men was in any condition to travel or support the Islamic State, without help from the FBI informant.” One of the frightening terrorist villains told the FBI informant that, beyond having no money, he had encountered a significant problem in following through on the FBI’s plot: his mom had taken away his passport. Noting the bizarre and unhinged ranting of one of the suspects, Hussain noted on Twitter that this case “sounds like another victory for the FBI over the mentally ill.” In this regard, this latest arrest appears to be quite similar to the overwhelming majority of terrorism arrests the FBI has proudly touted over the last decade. As my colleague Andrew Fishman and I wrote last month — after the FBI manipulated a 20-year-old loner who lived with his parents into allegedly agreeing to join an FBI-created plot to attack the Capitol — these cases follow a very clear pattern
  • Once again, we should all pause for a moment to thank the brave men and women of the FBI for saving us from their own terror plots.
  • We’re constantly bombarded with dire warnings about the grave threat of home-grown terrorists, “lone wolf” extremists and ISIS. So intensified are these official warnings that The New York Times earlier this month cited anonymous U.S. intelligence officials to warn of the growing ISIS threat and announce “the prospect of a new global war on terror.” But how serious of a threat can all of this be, at least domestically, if the FBI continually has to resort to manufacturing its own plots by trolling the Internet in search of young drifters and/or the mentally ill whom they target, recruit and then manipulate into joining? Does that not, by itself, demonstrate how over-hyped and insubstantial this “threat” actually is? Shouldn’t there be actual plots, ones that are created and fueled without the help of the FBI, that the agency should devote its massive resources to stopping? This FBI tactic would be akin to having the Drug Enforcement Agency (DEA) constantly warn of the severe threat posed by drug addiction while it simultaneously uses pushers on its payroll to deliberately get people hooked on drugs so that they can arrest the addicts they’ve created and thus justify their own warnings and budgets (and that kind of threat-creation, just by the way, is not all that far off from what the other federal law enforcement agencies, like the FBI, are actually doing). As we noted the last time we wrote about this, the Justice Department is aggressively pressuring U.S. allies to employ these same entrapment tactics in order to create their own terrorists, who can then be paraded around as proof of the grave threat.
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  • UPDATE: The ACLU of Massachusetts’s Kade Crockford notes this extraordinarily revealing quote from former FBI assistant director Thomas Fuentes, as he defends one of the worst FBI terror “sting” operations of all (the Cromitie prosecution we describe at length here): If you’re submitting budget proposals for a law enforcement agency, for an intelligence agency, you’re not going to submit the proposal that “We won the war on terror and everything’s great,” cuz the first thing that’s gonna happen is your budget’s gonna be cut in half. You know, it’s my opposite of Jesse Jackson’s ‘Keep Hope Alive’—it’s ‘Keep Fear Alive.’ Keep it alive. That is the FBI’s terrorism strategy — keep fear alive — and it drives everything they do.
Paul Merrell

Pentagon scraps judges' Guantánamo move order; 9/11 case unfrozen | Miami Her... - 0 views

  • In an abrupt retreat Friday, the Pentagon revoked an order to war court judges to drop their other military duties and take up residence at this remote base until their cases are over.The 9/11 case judge swiftly responded by lifting a freeze on preparations for the terror trial of alleged mastermind Khalid Sheik Mohammed and four accused accomplices; the judge had imposed the freeze 48 hours earlier with a ruling that found the move-in order appeared to be an illegal bid to rush justice.Defense lawyers in the Sept. 11 and USS Cole death-penalty cases described the Jan. 7 relocation order as “unlawful influence,” a pressure play designed to exile military judges to the remote base in Cuba, cut short pretrial hearings and move straight to trial. Commanders meddling in the judicial function is a crime in the U.S. military. The about-face also averted testimony in the USS Cole bombing case by three three-star officers, the top lawyers of the Navy, Army and Air Force, on how the Pentagon order to move the judges took them by surprise — and its impact.
  • But it did not settle the conflict. Defense lawyers for Saudi Abd al Rahim al Nashiri, 50, argued that the way the order was adopted and withdrawn was illegal.They asked the judge, Air Force Col. Vance Spath, to dismiss the death-penalty charges against Nashiri, who is accused of orchestrating al-Qaida’s Oct. 12, 2000 suicide bombing off the coast of Yemen. Seventeen U.S. sailors were killed and dozens more wounded in the warship attack.Alternatively, Nashiri’s lawyers asked the judge to exclude from the case the architect of the move-in order — retired Marine Maj. Gen. Vaughn A. Ary, as well as his legal staff, who oversee the war court in the so-called Office of the Convening Authority. The new Secretary of Defense, Ash Carter, should replace them with officials untainted by the relocation order, said Nashiri’s civilian lawyer, Rick Kammen.
  • Ary “can’t be trusted” to act impartially, said Kammen, noting Ary’s role includes funding the defense and choosing the jury pool of U.S. military officers — Kammen called it driving “the death train” by handpicking “the people that he wants to kill Nashiri.”Prosecutors said, with the move-in order gone, the issue was over. They urged Spath to drop it. “We get that there is an appearance issue,” said the chief war crimes prosecutor, Army Brig. Gen. Mark Martins. “We all are guardians. The independence of the judiciary is at the heart of this.” Spath disagreed. Testimony earlier this week by Ary, the judge said, demonstrated there was “some evidence of unlawful influence.” Spath never dropped his other duties and never moved to this base. But hearing evidence this week disclosed a behind-the-scenes plan to remove Spath from the USS Cole case rather than relieve him of his other job as chief of the Air Force judiciary.Ary undertook this change “knowing it could remove a sitting trial judge,” said Spath, adding he would rule Monday morning on the defense motion to dismiss the charge
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  • The Sept. 11 case judge, Army Col. James L. Pohl, halted the proceedings this week, and said he wouldn’t resume them until the Pentagon lifted the move-in order. He said it appeared to constitute improper pressure on the judiciary to speed justice along. Friday afternoon, a USS Cole prosecutor, Navy Lt. Paul Morris, announced in court that Pohl had lifted his freeze.
Paul Merrell

9/11 judge: War court can't order Guantánamo healthcare | Miami Herald Miami ... - 0 views

  • A​ military judge has rejected a request for war court intervention in the healthcare of an alleged 9/11 plotter who, according to his lawyer, still suffers from wounds inflicted at a CIA “black site” where agents subjected him to rectal rehydration.Army Col. James L. Pohl wrote in a two-page order released by the Pentagon Friday that the court “does not have the authority to address issues concerning medical care.” It was dated March 10.In February, the attorney for Saudi captive Mustafa al Hawsawi asked the judge to intervene in the case, referring to a recently released portion of the Senate Intelligence Committee's “Torture Report,” and saying that the 46-year-old man had been rectally abused while in CIA custody — and that he continues to bleed now, at least eight years later. “Some would call that sodomy,” said attorney Walter Ruiz, adding that “those acts caused longstanding chronic medical conditions that have yet to be resolved.”
  • Hawsawi is accused of helping the Sept. 11 hijackers with travel and money. He is awaiting a death-penalty trial with the alleged mastermind, Khalid Sheik Mohammed, and three others, all of whom were subjected to “enhanced interrogation techniques” before they got to Guantánamo in September 2006.Hawsawi has sat on a pillow over years of pretrial hearings. The February hearing was the first time that Ruiz was permitted to explain it under a loosening of censorship at the court that lets lawyers talk about the released, redacted 524-page portion of the 6,200-page Senate report.Guantánamo’s prison spokesmen say war-on-terror captives get the same level of medical care as U.S. service members.Ruiz specifically cited a reference to an investigation of allegations that CIA agents conducted medically unnecessary rectal exams with excessive force on two detainees, one of them Hawsawi, who afterward suffered an anal fissure, rectal prolapse and hemorrhoids. 
  • Ruiz said that guards sometimes find blood in Hawsawi’s clothes. The lawyer asked the judge to order prison legal and medical staff to speak with him, as Hawsawi’s healthcare proxy, and to let him see Hawsawi’s secret medical records. Prosecutors urged the Army judge to stay out of the issue. “No doctor should be treating with a lawyer looking over his shoulder,” said federal attorney Ed Ryan.The Sept. 11 hearings are in recess until April 20.
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    Whereas if he were facing trial in an Article III court, the court would have jurisdiction to protect a prisoner's health and conditons of confinement. This is disgusting.
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