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Paul Merrell

The Virtue of Subtlety: A U.S. Strategy Against the Islamic State - 0 views

www.forbes.com/...tegy-against-the-islamic-state

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

shared by Paul Merrell on 11 Sep 14 - No Cached
  • U.S. strategy is sound. It is to allow the balance of power to play out, to come in only when it absolutely must — with overwhelming force, as in Kuwait — and to avoid intervention where it cannot succeed. The tactical application of strategy is the problem. In this case the tactic is not direct intervention by the United States, save as a satisfying gesture to avenge murdered Americans. But the solution rests in doing as little as possible and forcing regional powers into the fray, then in maintaining the balance of power in this coalition. Such an American strategy is not an avoidance of responsibility. It is the use of U.S. power to force a regional solution. Sometimes the best use of American power is to go to war. Far more often, the best use of U.S. power is to withhold it. The United States cannot evade responsibility in the region. But it is enormously unimaginative to assume that carrying out that responsibility is best achieved by direct intervention. Indirect intervention is frequently more efficient and more effective.
  • The United States cannot win the game of small mosaic tiles that is emerging in Syria and Iraq. An American intervention at this microscopic level can only fail. But the principle of balance of power does not mean that balance must be maintained directly. Turkey, Iran and Saudi Arabia have far more at stake in this than the United States. So long as they believe that the United States will attempt to control the situation, it is perfectly rational for them to back off and watch, or act in the margins, or even hinder the Americans. The United States must turn this from a balance of power between Syria and Iraq to a balance of power among this trio of regional powers. They have far more at stake and, absent the United States, they have no choice but to involve themselves. They cannot stand by and watch a chaos that could spread to them. It is impossible to forecast how the game is played out. What is important is that the game begins. The Turks do not trust the Iranians, and neither is comfortable with the Saudis. They will cooperate, compete, manipulate and betray, just as the United States or any country might do in such a circumstance. The point is that there is a tactic that will fail: American re-involvement. There is a tactic that will succeed: the United States making it clear that while it might aid the pacification in some way, the responsibility is on regional powers. The inevitable outcome will be a regional competition that the United States can manage far better than the current chaos.
  • There is then the special case of the Islamic State. It is special because its emergence triggered the current crisis. It is special because the brutal murder of two prisoners on video showed a particular cruelty. And it is different because its ideology is similar to that of al Qaeda, which attacked the United States. It has excited particular American passions. To counter this, I would argue that the uprising by Iraq’s Sunni community was inevitable, with its marginalization by Nouri al-Maliki’s Shiite regime in Baghdad. That it took this particularly virulent form is because the more conservative elements of the Sunni community were unable or unwilling to challenge al-Maliki. But the fragmentation of Iraq into Shiite, Sunni and Kurdish regions was well underway before the Islamic State, and jihadism was deeply embedded in the Sunni community a long time ago. Moreover, although the Islamic State is brutal, its cruelty is not unique in the region. Syrian President Bashar al Assad and others may not have killed Americans or uploaded killings to YouTube, but their history of ghastly acts is comparable. Finally, the Islamic State — engaged in war with everyone around it — is much less dangerous to the United States than a small group with time on its hands, planning an attack. In any event, if the Islamic State did not exist, the threat to the United States from jihadist groups in Yemen or Libya or somewhere inside the United States would remain.
  • ...11 more annotations...
  • The issue is whether the United States can live with this situation or whether it must reshape it. The immediate question is whether the United States has the power to reshape it and to what extent. The American interest turns on its ability to balance local forces. If that exists, the question is whether there is any other shape that can be achieved through American power that would be superior. From my point of view, there are many different shapes that can be imagined, but few that can be achieved. The American experience in Iraq highlighted the problems with counterinsurgency or being caught in a local civil war. The idea of major intervention assumes that this time it will be different. This fits one famous definition of insanity.
  • A national strategy emerges over the decades and centuries. It becomes a set of national interests into which a great deal has been invested, upon which a great deal depends and upon which many are counting. Presidents inherit national strategies, and they can modify them to some extent. But the idea that a president has the power to craft a new national strategy both overstates his power and understates the power of realities crafted by all those who came before him. We are all trapped in circumstances into which we were born and choices that were made for us. The United States has an inherent interest in Ukraine and in Syria-Iraq. Whether we should have that interest is an interesting philosophical question for a late-night discussion, followed by a sunrise when we return to reality. These places reflexively matter to the United States. The American strategy is fixed: Allow powers in the region to compete and balance against each other. When that fails, intervene with as little force and risk as possible. For example, the conflict between Iran and Iraq canceled out two rising powers until the war ended. Then Iraq invaded Kuwait and threatened to overturn the balance of power in the region. The result was Desert Storm.
  • The American strategy is fixed: Allow powers in the region to compete and balance against each other. When that fails, intervene with as little force and risk as possible. For example, the conflict between Iran and Iraq canceled out two rising powers until the war ended. Then Iraq invaded Kuwait and threatened to overturn the balance of power in the region. The result was Desert Storm. This strategy provides a model. In the Syria-Iraq region, the initial strategy is to allow the regional powers to balance each other, while providing as little support as possible to maintain the balance of power. It is crucial to understand the balance of power in detail, and to understand what might undermine it, so that any force can be applied effectively. This is the tactical part, and it is the tactical part that can go wrong. The strategy has a logic of its own. Understanding what that strategy demands is the hard part. Some nations have lost their sovereignty by not understanding what strategy demands. France in 1940 comes to mind. For the United States, there is no threat to sovereignty, but that makes the process harder: Great powers can tend to be casual because the situation is not existential. This increases the cost of doing what is necessary. The ground where we are talking about applying this model is Syria and Iraq. Both of these central governments have lost control of the country as a whole, but each remains a force. Both countries are divided by religion, and the religions are divided internally as well. In a sense the nations have ceased to exist, and the fragments they consisted of are now smaller but more complex entities.
  • This strategy provides a model. In the Syria-Iraq region, the initial strategy is to allow the regional powers to balance each other, while providing as little support as possible to maintain the balance of power. It is crucial to understand the balance of power in detail, and to understand what might undermine it, so that any force can be applied effectively. This is the tactical part, and it is the tactical part that can go wrong. The strategy has a logic of its own. Understanding what that strategy demands is the hard part. Some nations have lost their sovereignty by not understanding what strategy demands. France in 1940 comes to mind. For the United States, there is no threat to sovereignty, but that makes the process harder: Great powers can tend to be casual because the situation is not existential. This increases the cost of doing what is necessary. The ground where we are talking about applying this model is Syria and Iraq. Both of these central governments have lost control of the country as a whole, but each remains a force. Both countries are divided by religion, and the religions are divided internally as well. In a sense the nations have ceased to exist, and the fragments they consisted of are now smaller but more complex entities.
  • There is then the special case of the Islamic State. It is special because its emergence triggered the current crisis. It is special because the brutal murder of two prisoners on video showed a particular cruelty. And it is different because its ideology is similar to that of al Qaeda, which attacked the United States. It has excited particular American passions. To counter this, I would argue that the uprising by Iraq’s Sunni community was inevitable, with its marginalization by Nouri al-Maliki’s Shiite regime in Baghdad. That it took this particularly virulent form is because the more conservative elements of the Sunni community were unable or unwilling to challenge al-Maliki. But the fragmentation of Iraq into Shiite, Sunni and Kurdish regions was well underway before the Islamic State, and jihadism was deeply embedded in the Sunni community a long time ago. Moreover, although the Islamic State is brutal, its cruelty is not unique in the region. Syrian President Bashar al Assad and others may not have killed Americans or uploaded killings to YouTube, but their history of ghastly acts is comparable. Finally, the Islamic State — engaged in war with everyone around it — is much less dangerous to the United States than a small group with time on its hands, planning an attack. In any event, if the Islamic State did not exist, the threat to the United States from jihadist groups in Yemen or Libya or somewhere inside the United States would remain.
  • The issue is whether the United States can live with this situation or whether it must reshape it. The immediate question is whether the United States has the power to reshape it and to what extent. The American interest turns on its ability to balance local forces. If that exists, the question is whether there is any other shape that can be achieved through American power that would be superior. From my point of view, there are many different shapes that can be imagined, but few that can be achieved. The American experience in Iraq highlighted the problems with counterinsurgency or being caught in a local civil war. The idea of major intervention assumes that this time it will be different. This fits one famous definition of insanity.
  • Because the Islamic State operates to some extent as a conventional military force, it is vulnerable to U.S. air power. The use of air power against conventional forces that lack anti-aircraft missiles is a useful gambit. It shows that the United States is doing something, while taking little risk, assuming that the Islamic State really does not have anti-aircraft missiles. But it accomplishes little. The Islamic State will disperse its forces, denying conventional aircraft a target. Attempting to defeat the Islamic State by distinguishing its supporters from other Sunni groups and killing them will founder at the first step. The problem of counterinsurgency is identifying the insurgent. There is no reason not to bomb the Islamic State’s forces and leaders. They certainly deserve it. But there should be no illusion that bombing them will force them to capitulate or mend their ways. They are now part of the fabric of the Sunni community, and only the Sunni community can root them out. Identifying Sunnis who are anti-Islamic State and supplying them with weapons is a much better idea. It is the balance-of-power strategy that the United States follows, but this approach doesn’t have the dramatic satisfaction of blowing up the enemy. That satisfaction is not trivial, and the United States can certainly blow something up and call it the enemy, but it does not address the strategic problem. In the first place, is it really a problem for the United States?
  • There is no reason not to bomb the Islamic State’s forces and leaders. They certainly deserve it. But there should be no illusion that bombing them will force them to capitulate or mend their ways. They are now part of the fabric of the Sunni community, and only the Sunni community can root them out. Identifying Sunnis who are anti-Islamic State and supplying them with weapons is a much better idea. It is the balance-of-power strategy that the United States follows, but this approach doesn’t have the dramatic satisfaction of blowing up the enemy. That satisfaction is not trivial, and the United States can certainly blow something up and call it the enemy, but it does not address the strategic problem. In the first place, is it really a problem for the United States? The American interest is not stability but the existence of a dynamic balance of power in which all players are effectively paralyzed so that no one who would threaten the United States emerges. The Islamic State had real successes at first, but the balance of power with the Kurds and Shia has limited its expansion, and tensions within the Sunni community diverted its attention. Certainly there is the danger of intercontinental terrorism, and U.S. intelligence should be active in identifying and destroying these threats. But the re-occupation of Iraq, or Iraq plus Syria, makes no sense. The United States does not have the force needed to occupy Iraq and Syria at the same time. The demographic imbalance between available forces and the local population makes that impossible.
  • The danger is that other Islamic State franchises might emerge in other countries. But the United States would not be able to block these threats as well as the other countries in the region. Saudi Arabia must cope with any internal threat it faces not because the United States is indifferent, but because the Saudis are much better at dealing with such threats. In the end, the same can be said for the Iranians. Most important, it can also be said for the Turks. The Turks are emerging as a regional power. Their economy has grown dramatically in the past decade, their military is the largest in the region, and they are part of the Islamic world. Their government is Islamist but in no way similar to the Islamic State, which concerns Ankara. This is partly because of Ankara’s fear that the jihadist group might spread to Turkey, but more so because its impact on Iraqi Kurdistan could affect Turkey’s long-term energy plans.
  • The United States cannot win the game of small mosaic tiles that is emerging in Syria and Iraq. An American intervention at this microscopic level can only fail. But the principle of balance of power does not mean that balance must be maintained directly. Turkey, Iran and Saudi Arabia have far more at stake in this than the United States. So long as they believe that the United States will attempt to control the situation, it is perfectly rational for them to back off and watch, or act in the margins, or even hinder the Americans. The United States must turn this from a balance of power between Syria and Iraq to a balance of power among this trio of regional powers. They have far more at stake and, absent the United States, they have no choice but to involve themselves. They cannot stand by and watch a chaos that could spread to them. It is impossible to forecast how the game is played out. What is important is that the game begins. The Turks do not trust the Iranians, and neither is comfortable with the Saudis. They will cooperate, compete, manipulate and betray, just as the United States or any country might do in such a circumstance. The point is that there is a tactic that will fail: American re-involvement. There is a tactic that will succeed: the United States making it clear that while it might aid the pacification in some way, the responsibility is on regional powers. The inevitable outcome will be a regional competition that the United States can manage far better than the current chaos.
  • U.S. strategy is sound. It is to allow the balance of power to play out, to come in only when it absolutely must — with overwhelming force, as in Kuwait — and to avoid intervention where it cannot succeed. The tactical application of strategy is the problem. In this case the tactic is not direct intervention by the United States, save as a satisfying gesture to avenge murdered Americans. But the solution rests in doing as little as possible and forcing regional powers into the fray, then in maintaining the balance of power in this coalition. Such an American strategy is not an avoidance of responsibility. It is the use of U.S. power to force a regional solution. Sometimes the best use of American power is to go to war. Far more often, the best use of U.S. power is to withhold it. The United States cannot evade responsibility in the region. But it is enormously unimaginative to assume that carrying out that responsibility is best achieved by direct intervention. Indirect intervention is frequently more efficient and more effective.
  • Paul Merrell on 11 Sep 14
     
    The article is by the Chairman of Stratfor, a private intelligence company. I don't agree with its analysis because I am decidedly non-interventionist. But this article should be required reading for all who have fallen for the war fever being spread by the War Party for full-scale military invasion of Iraq and Syria. The article at least lays a sound basis for a large degree of restraint.
Gary Edwards

Jim Kunstler's 2014 Forecast - Burning Down The House | Zero Hedge - 0 views

www.zerohedge.com/...14-forecast-burning-down-house

Banksters

shared by Gary Edwards on 08 Jan 14 - No Cached
  • Gary Edwards on 08 Jan 14
     
    Incredible must read analysis. Take away: the world is going to go "medevil". It's the only way out of this mess. Since the zero hedge layout is so bad, i'm going to post as much of the article as Diigo will allow: Jim Kunstler's 2014 Forecast - Burning Down The House Submitted by Tyler Durden on 01/06/2014 19:36 -0500 Submitted by James H. Kunstler of Kunstler.com , Many of us in the Long Emergency crowd and like-minded brother-and-sisterhoods remain perplexed by the amazing stasis in our national life, despite the gathering tsunami of forces arrayed to rock our economy, our culture, and our politics. Nothing has yielded to these forces already in motion, so far. Nothing changes, nothing gives, yet. It's like being buried alive in Jell-O. It's embarrassing to appear so out-of-tune with the consensus, but we persevere like good soldiers in a just war. Paper and digital markets levitate, central banks pull out all the stops of their magical reality-tweaking machine to manipulate everything, accounting fraud pervades public and private enterprise, everything is mis-priced, all official statistics are lies of one kind or another, the regulating authorities sit on their hands, lost in raptures of online pornography (or dreams of future employment at Goldman Sachs), the news media sprinkles wishful-thinking propaganda about a mythical "recovery" and the "shale gas miracle" on a credulous public desperate to believe, the routine swindles of medicine get more cruel and blatant each month, a tiny cohort of financial vampire squids suck in all the nominal wealth of society, and everybody else is left whirling down the drain of posterity in a vortex of diminishing returns and scuttled expectations. Life in the USA is like living in a broken-down, cob-jobbed, vermin-infested house that needs to be gutted, disinfected, and rebuilt - with the hope that it might come out of the restoration process retaining the better qualities of our heritage.
Gary Edwards

Rand Paul's Tea Party Response: Full Text - 0 views

www.newsmax.com/...490118

Rand-Paul Libertarian USA-Constitution

shared by Gary Edwards on 13 Feb 13 - No Cached
  • With my five-year budget, millions of jobs would be created by cutting the corporate income tax in half, by creating a flat personal income tax of 17%, and by cutting the regulations that are strangling American businesses.
  • America has much greatness left in her. We will begin to thrive again when we begin to believe in ourselves again, when we regain our respect for our founding documents, when we balance our budget, when we understand that capitalism and free markets and free individuals are what creates our nation’s prosperity.
  • Gary Edwards on 13 Feb 13
     
    Outstanding statement about what made America great, an dhow are government is destroying that greatness.  This is the full Text of Sen. Rand Paul's Tea Party Response to Obama's State of the Union Address: I speak to you tonight from Washington, D.C. The state of our economy is tenuous but our people remain the greatest example of freedom and prosperity the world has ever known. People say America is exceptional. I agree, but it's not the complexion of our skin or the twists in our DNA that make us unique. America is exceptional because we were founded upon the notion that everyone should be free to pursue life, liberty, and happiness. For the first time in history, men and women were guaranteed a chance to succeed based NOT on who your parents were but on your own initiative and desire to work. We are in danger, though, of forgetting what made us great. The President seems to think the country can continue to borrow $50,000 per second. The President believes that we should just squeeze more money out of those who are working. The path we are on is not sustainable, but few in Congress or in this Administration seem to recognize that their actions are endangering the prosperity of this great nation. Ronald Reagan said, government is not the answer to the problem, government is the problem. Tonight, the President told the nation he disagrees. President Obama believes government is the solution: More government, more taxes, more debt. What the President fails to grasp is that the American system that rewards hard work is what made America so prosperous. What America needs is not Robin Hood but Adam Smith. In the year we won our independence, Adam Smith described what creates the Wealth of Nations. He described a limited government that largely did not interfere with individuals and their pursuit of happiness. All that we are, all that we wish to be is now threatened by the notion that you can have something for nothing, that you can have your cake and ea
Gary Edwards

Obama gives himself control of all communication systems in America - RT - 0 views

rt.com/...ident-order-communications-770

Obammunism executive-orders

shared by Gary Edwards on 10 Jul 12 - No Cached
  • Gary Edwards on 10 Jul 12
     
    Awful stuff.  Another Obama executive order suspending the Constitution and terminating the Bill of Rights. Revoking the right of habeas corpus is unconstitutional. So is declaring a national emergency without congressional approval. The Constitution declares, "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it." While Congress has passed many an unConstitutional Law regarding "National Emergency Powers", there is nothing in the Constitution granting any branch of the Federal government to tear up the Constitution and Bill of Rights.  Atrocities like FiSA, The Military Commissions Act, NSP51, HSPD20, the John Warner Defense Authorization Act, the National Emergencies Act, and the Patriot Act are un Constitutional to the core.   Only the American people, through their representatives in Congress, can declare a national emergency.  With the exception of the habeas corpus clause, the Constitution makes no allowance for the suspension of any of its provisions during a national emergency.  Many statist seeking to breach the Constitution and Bill of Rights argue that the granting of emergency powers by Congress is implicit in its Article I, section 8 authority to "provide for the common Defense and general Welfare," the commerce clause, its war, armed forces, and militia powers, and the "necessary and proper" clause empowering it to make such laws as are required to fulfill the executions of "the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof." But this issue of "implied" powers defies an actual reading of the Constitution, and seeks to breach the meaning of that most basic of all Madisonian  Constitutional concepts embedded into the framework of limited government: "enumerated powers".  The United States is a government of enumerated powers.  N
Gary Edwards

The Basic Library - Article V Project To Restore Liberty - 2 views

articlevprojecttorestoreliberty.com/the-basic-library.html

Heritage-of-freedom freedom-liberty

shared by Gary Edwards on 09 Aug 13 - No Cached
  • Gary Edwards on 09 Aug 13
     
    "Free Google Book Search (360 B.C.) The Republic - Plato (46 B.C.) Cicero's Brutus - Cicero   (1517) Discourses on Livy - Machiavelli (1553) The Discourse of Voluntary Servitude - Étienne de La Boétie (1690) Two Treatises of Government - John Locke   (1698) Discourses Concerning Government - Algernon Sydney Sidney's Discourses and Locke's Second Treatise were recommended by Jefferson and Madison as containing the "general principles of liberty and the rights of man, in nature and society" (1748) The Spirit of Laws  - Montesquieu (1748) The Principles of Natural and Politic Law - Burlamaqui   (1755) Old Family Letters - John Adams (1758) The Law of Nations- Vattel   (1764-1769) The Writings of Samuel Adams (1765-1769) Blackstone's Commentaries on the Laws of England (1766) The Declaratory Act (1770) The Writings of John Adams V1-2              The Writings of John Adams V3-4              The Writings of John Adams V5-7              The Writings of John Adams V8-10   (1771-1788) The Autobiography of Benjamin Franklin (1772) The Votes and Proceedings of the Freeholders and other Inhabitants (1774) A Full Vindication of the Measures of Congress - Hamilton (1774) Novanglus - John Adams Principle Controversy between Great Britain and Her Colonies (1776) Common Sense- Thomas Paine One Incident which gave a stimulus to the pamphlet Common Sense was, that it happened to appear on the very day that the King of England's speech reached the United States, in which the Americans were denounced as rebels and traitors, and in which speech it was asserted to be the right of the legislature of England to bind the Colonies in all cases whatsoever. (1776-1783) The Crisis- Thomas Paine (1780) Journal of the Convention for Framing the Massachusetts Bay Constitution (1785) Remarks concerning the Government and Laws of the United States of America: in Four Letters addressed to Mr. Adams (1787) The Anti-Federalist (audio) (1787) The Federalist
Gary Edwards

Peter Beinart: How Ron Paul Will Change the GOP in 2012 - The Daily Beast - 2 views

www.thedailybeast.com/...ll-change-the-gop-in-2012.html

Banksters Ron-Paul Libertarians Peter-Beinart

shared by Gary Edwards on 30 Dec 11 - No Cached
  • Gary Edwards on 30 Dec 11
     
    Not a big Peter Beinhart fan, but this article explains a large part of the Ron Paul phenom. After a life time as a big C Goldwater-Reagan Constitutional Conservative, this summer i made a full transition to big C Constitutional Libertarian. The tipping point for me was the GAO audit of the Federal Reserve, where they discovered $16.1 Trillion of taxpayer dollars missing from the Federal Reserve Bankster Cartel management books. It went to a who's who of international Bankster Cartel members. None of the taxpayer funded "financial collapse of 2008" bailout dollars went to the purposes chartered by their legislation. That includees the TARP $850 Billion, the Obama Stimulous $1 Trillion, and the mega FRBC $16.1 Trillion. No bad debts were purchased and retired. No rotting mortgage securities were swept up and restructured. No shovel ready jobs either. And no one in government or banksterism having caused the financial collapse went to jail. Instead, the perps feasted on the bailout dollars. The debt remains on the books of international Banksters, collecting interest, thirsting for foreclosure. The Bankster Cartel members are flush with cash, but not lending. By law (The Federal Reserve Act of December 23rd, 1913), FRBC members must keep a significant amount of their assets on "reserve" at the Federal Reserve, at 6% interest. In exchange for managing this process and the exploding money supply, the taxpayers of the USA are obligated by law to pay the FRBC 1% per year of (assets under management" (the money supply). Take note: the FRBC takes the 1% per year payment for their services in the form of GOLD!! They will not take payment in the form of paper notes labeled legal tender "Federal Reserve Notes". They only take GOLD. My transition to Constitutional Libertarian begins with a strct reading of the Constitution (the How), the Declaration of Independence, (the Why), and belief in the Rule of Law, not man. The concept of achievi
Gary Edwards

1913: The Blow That Killed America 100 Years Ago - 0 views

www.freemansperspective.com/1913-america

1913 Woodrow-Wilson Nelson-Aldrich Rockefeller Bilderbergs ruling-class-elites

shared by Gary Edwards on 15 Aug 13 - No Cached
  • Gary Edwards on 15 Aug 13
     
    "There is a lot of ruin in a nation," wrote Adam Smith. His point was that it takes a long time for nations to fall, even when they're dead on their feet. And he was certainly right. America took its fatal blow in 1913, one hundred years ago; it just hasn't hit the ground yet. This is a slow process, but it's actually fast compared to the Romans. It took them several centuries to collapse . The confusing thing about our current situation is that America - and by that I mean the noble America that so many of us grew up believing was real - has long been poisoned. Its liver, kidneys, and spleen have all stopped functioning. Its heart beats slowly and irregularly. But it still stands on its feet and presents itself as alive to all those who would let their eyes fool them. And I'm not without sympathy for those who want to believe. They find themselves in a world where politics is almighty, and where their comfort, prosperity, and perhaps their survival all hang in a delicate balance. They don't want to upset anything, and questioning the bosses is a good way to get yelled at. But just because someone wants to believe doesn't make it so. We are not children and we are not powerless. We Producers should never be intimidated by those who live at our expense. So let's start looking at the facts. 1913: The Horrible Year For all the problems America had prior to 1913 (including the unnecessary and horrifying Civil War), nothing spelled the death of the nation like the horrors of 1913. Here are the key dates: February 3rd : The 16th Amendment to the United States Constitution was ratified, authorizing the Federal government to impose income taxes on individuals. An amendment to a tariff act in 1894 had attempted to do this, but since it was clearly unconstitutional, the Supreme Court struck it down. As a result - and mostly under the banner of bleeding the rich - the 16th amendment was promoted and passed. As a result, the Revenue Act of 1
Paul Merrell

Congress Is Irrelevant on Mass Surveillance. Here's What Matters Instead. - The Intercept - 0 views

firstlook.org/...topping-nsas-mass-surveillance

surveillance state nsa-reform

shared by Paul Merrell on 20 Nov 14 - No Cached
  • The “USA Freedom Act”—the proponents of which were heralding as “NSA reform” despite its suffocatingly narrow scope—died in the august U.S. Senate last night when it attracted only 58 of the 60 votes needed to close debate and move on to an up-or-down vote. All Democratic and independent senators except one (Bill Nelson of Florida) voted in favor of the bill, as did three tea-party GOP Senators (Ted Cruz, Mike Lee, and Dean Heller). One GOP Senator, Rand Paul, voted against it on the ground that it did not go nearly far enough in reining in the NSA. On Monday, the White House had issued a statement “strongly supporting” the bill. The “debate” among the Senators that preceded the vote was darkly funny and deeply boring, in equal measure. The black humor was due to the way one GOP senator after the next—led by ranking intelligence committee member Saxby Chambliss of Georgia (pictured above)—stood up and literally screeched about 9/11 and ISIS over and over and over, and then sat down as though they had made a point.
  • So the pro-NSA Republican senators were actually arguing that if the NSA were no longer allowed to bulk-collect the communication records of Americans inside the U.S., then ISIS would kill you and your kids. But because they were speaking in an empty chamber and only to their warped and insulated D.C. circles and sycophantic aides, there was nobody there to cackle contemptuously or tell them how self-evidently moronic it all was. So they kept their Serious Faces on like they were doing The Nation’s Serious Business, even though what was coming out of their mouths sounded like the demented ramblings of a paranoid End is Nigh cult. The boredom of this spectacle was simply due to the fact that this has been seen so many times before—in fact, every time in the post-9/11 era that the U.S. Congress pretends publicly to debate some kind of foreign policy or civil liberties bill. Just enough members stand up to scream “9/11″ and “terrorism” over and over until the bill vesting new powers is passed or the bill protecting civil liberties is defeated.
  • Eight years ago, when this tawdry ritual was still a bit surprising to me, I live-blogged the 2006 debate over passage of the Military Commissions Act, which, with bipartisan support, literally abolished habeas corpus rights established by the Magna Carta by sanctioning detention without charges or trial. (My favorite episode there was when GOP Sen. Arlen Specter warned that “what the bill seeks to do is set back basic rights by some nine hundred years,” and then voted in favor of its enactment.) In my state of naive disbelief, as one senator after the next thundered about the “message we are sending” to “the terrorists,” I wrote: “The quality of the ‘debate’ on the Senate floor is so shockingly (though appropriately) low and devoid of substance that it is hard to watch.” So watching last night’s Senate debate was like watching a repeat of some hideously shallow TV show. The only new aspect was that the aging Al Qaeda villain has been rather ruthlessly replaced by the show’s producers with the younger, sleeker ISIS model. Showing no gratitude at all for the years of value it provided these senators, they ignored the veteran terror group almost completely in favor of its new replacement. And they proceeded to save a domestic surveillance program clearly unpopular among those they pretend to represent.
  • ...8 more annotations...
  • Ever since the Snowden reporting began and public opinion (in both the U.S. and globally) began radically changing, the White House’s strategy has been obvious. It’s vintage Obama: Enact something that is called “reform”—so that he can give a pretty speech telling the world that he heard and responded to their concerns—but that in actuality changes almost nothing, thus strengthening the very system he can pretend he “changed.” That’s the same tactic as Silicon Valley, which also supported this bill: Be able to point to something called “reform” so they can trick hundreds of millions of current and future users around the world into believing that their communications are now safe if they use Facebook, Google, Skype and the rest. In pretty much every interview I’ve done over the last year, I’ve been asked why there haven’t been significant changes from all the disclosures. I vehemently disagree with the premise of the question, which equates “U.S. legislative changes” with “meaningful changes.” But it has been clear from the start that U.S. legislation is not going to impose meaningful limitations on the NSA’s powers of mass surveillance, at least not fundamentally. Those limitations are going to come from—are now coming from —very different places:
  • All of that illustrates what is, to me, the most important point from all of this: the last place one should look to impose limits on the powers of the U.S. government is . . . the U.S. government. Governments don’t walk around trying to figure out how to limit their own power, and that’s particularly true of empires. The entire system in D.C. is designed at its core to prevent real reform. This Congress is not going to enact anything resembling fundamental limits on the NSA’s powers of mass surveillance. Even if it somehow did, this White House would never sign it. Even if all that miraculously happened, the fact that the U.S. intelligence community and National Security State operates with no limits and no oversight means they’d easily co-opt the entire reform process. That’s what happened after the eavesdropping scandals of the mid-1970s led to the establishment of congressional intelligence committees and a special FISA “oversight” court—the committees were instantly captured by putting in charge supreme servants of the intelligence community like Senators Dianne Feinstein and Chambliss, and Congressmen Mike Rogers and “Dutch” Ruppersberger, while the court quickly became a rubber stamp with subservient judges who operate in total secrecy.
  • There is a real question about whether the defeat of this bill is good, bad, or irrelevant. To begin with, it sought to change only one small sliver of NSA mass surveillance (domestic bulk collection of phone records under section 215 of the Patriot Act) while leaving completely unchanged the primary means of NSA mass surveillance, which takes place under section 702 of the FISA Amendments Act, based on the lovely and quintessentially American theory that all that matters are the privacy rights of Americans (and not the 95 percent of the planet called “non-Americans”). There were some mildly positive provisions in the USA Freedom Act: the placement of “public advocates” at the FISA court to contest the claims of the government; the prohibition on the NSA holding Americans’ phone records, requiring instead that they obtain FISA court approval before seeking specific records from the telecoms (which already hold those records for at least 18 months); and reducing the agency’s “contact chaining” analysis from three hops to two. One could reasonably argue (as the ACLU and EFF did) that, though woefully inadequate, the bill was a net-positive as a first step toward real reform, but one could also reasonably argue, as Marcy Wheeler has with characteristic insight, that the bill is so larded with ambiguities and fundamental inadequacies that it would forestall better options and advocates for real reform should thus root for its defeat.
  • 1) Individuals refusing to use internet services that compromise their privacy.
  • 2) Other countries taking action against U.S. hegemony over the internet.
  • 4) Greater individual demand for, and use of, encryption.
  • 3) U.S. court proceedings.
  • The “USA Freedom Act”—which its proponents were heralding as “NSA reform” despite its suffocatingly narrow scope—died in the august U.S. Senate last night when it attracted only 58 of the 60 votes needed to close debate and move on to an up-or-down vote. All Democratic and independent senators except one (Bill Nelson of Florida) voted in favor of the bill, as did three tea-party GOP Senators (Ted Cruz, Mike Lee, and Dean Heller). One GOP Senator, Rand Paul, voted against it on the ground that it did not go nearly far enough in reining in the NSA. On Monday, the White House had issued a statement “strongly supporting” the bill.
  • Paul Merrell on 20 Nov 14
     
    Glenn Greenwald on why the death of the USA Freedom Act is actually a Very Good Thing. I couldn't agree more.
Paul Merrell

Responding to Failure: Reorganizing U.S. Policies in the Middle East | Middle East Poli... - 0 views

mepc.org/...nizing-us-policies-middle-east

war & peace Mideast Israel Arabs Shia-nations U.S.-foreign-policy recommendations

shared by Paul Merrell on 17 Mar 15 - No Cached
  • I want to speak with you today about the Middle East. This is the region where Africa, Asia, and Europe come together. It is also the part of the world where we have been most compellingly reminded that some struggles cannot be won, but there are no struggles that cannot be lost. It is often said that human beings learn little useful from success but can learn a great deal from defeat. If so, the Middle East now offers a remarkably rich menu of foreign-policy failures for Americans to study. • Our four-decade-long diplomatic effort to bring peace to the Holy Land sputtered to an ignominious conclusion a year ago. • Our unconditional political, economic, and military backing of Israel has earned us the enmity of Israel’s enemies even as it has enabled egregiously contemptuous expressions of ingratitude and disrespect for us from Israel itself.
  • • Our attempts to contain the Iranian revolution have instead empowered it. • Our military campaigns to pacify the region have destabilized it, dismantled its states, and ignited ferocious wars of religion among its peoples. • Our efforts to democratize Arab societies have helped to produce anarchy, terrorism, dictatorship, or an indecisive juxtaposition of all three. • In Iraq, Libya, and Syria we have shown that war does not decide who’s right so much as determine who’s left. • Our campaign against terrorism with global reach has multiplied our enemies and continuously expanded their areas of operation. • Our opposition to nuclear proliferation did not prevent Israel from clandestinely developing nuclear weapons and related delivery systems and may not preclude Iran and others from following suit.
  • • At the global level, our policies in the Middle East have damaged our prestige, weakened our alliances, and gained us a reputation for militaristic fecklessness in the conduct of our foreign affairs. They have also distracted us from challenges elsewhere of equal or greater importance to our national interests. That’s quite a record.
  • ...12 more annotations...
  • One can only measure success or failure by reference to what one is trying achieve. So, in practice, what have U.S. objectives been? Are these objectives still valid? If we’ve failed to advance them, what went wrong? What must we do now to have a better chance of success? Our objectives in the Middle East have not changed much over the course of the past half century or more. We have sought to 1. Gain acceptance and security for a Jewish homeland from the other states and peoples of the region; 2. Ensure the uninterrupted availability of the region’s energy supplies to sustain global and U.S. security and prosperity; 3. Preserve our ability to transit the region so as to be able to project power around the world; 4. Prevent the rise of a regional hegemon or the deployment of weapons of mass destruction that might threaten any or all of these first three objectives; 5. Maximize profitable commerce; and 6. Promote stability while enhancing respect for human rights and progress toward constitutional democracy. Let’s briefly review what’s happened with respect to each of these objectives. I will not mince words.
  • Israel has come to enjoy military supremacy but it remains excluded from most participation in its region’s political, economic, and cultural life. In the 67 years since the Jewish state was proclaimed, Israel has not made a single friend in the Middle East, where it continues to be regarded as an illegitimate legacy of Western imperialism engaged in racist removal of the indigenous population. International support for Israel is down to the United States and a few of the former colonial powers that originally imposed the Zionist project on the Arabs under Sykes-Picot and the related Balfour Declaration. The two-state solution has expired as a physical or political possibility. There is no longer any peace process to distract global attention from Israel’s maltreatment of its captive Arab populations. After years of deference to American diplomacy, the Palestinians are about to challenge the legality of Israel’s cruelties to them in the International Criminal Court and other venues in which Americans have no veto, are not present, or cannot protect the Jewish state from the consequences of its own behavior as we have always been able to do in the past. Israel’s ongoing occupation of the West Bank and siege of Gaza are fueling a drive to boycott its products, disinvest in its companies, and sanction its political and cultural elite. These trends are the very opposite of what the United States has attempted to achieve for Israel.
  • In a stunning demonstration of his country’s most famous renewable resource — chutzpah — Israel’s Prime Minister chose this very moment to make America the main issue in his reelection campaign while simultaneously transforming Israel into a partisan issue in the United States. This is the very opposite of a sound survival strategy for Israel. Uncertainties about their country’s future are leading many Israelis to emigrate, not just to America but to Europe. This should disturb not just Israelis but Americans, if only because of the enormous investment we have made in attempts to gain a secure place for Israel in its region and the world. The Palestinians have been silent about Mr. Netanyahu’s recent political maneuvers. Evidently, they recall Napoleon’s adage that one should never interrupt an enemy when he is making a mistake. This brings me to an awkward but transcendently important issue. Israel was established as a haven from anti-Semitism — Jew hatred — in Europe, a disease of nationalism and Christian culture that culminated in the Holocaust. Israel’s creation was a relief for European Jews but a disaster for the Arabs of Palestine, who were either ethnically cleansed by European Jewish settlers or subjugated, or both.  But the birth of Israel also proved tragic for Jews throughout the Middle East — the Mizrahim. In a nasty irony, the implementation of Zionism in the Holy Land led to the introduction of European-style anti-Semitism — including its classic Christian libels on Jews — to the region, dividing Arab Jews from their Muslim neighbors as never before and compelling them to join European Jews in taking refuge in Israel amidst outrage over the dispossession of Palestinians from their homeland. Now, in a further irony, Israel’s pogroms and other injustices to the Muslim and Christian Arabs over whom it rules are leading not just to a rebirth of anti-Semitism in Europe but to its globalization.
  • The late King `Abdullah of Saudi Arabia engineered a reversal of decades of Arab rejectionism at Beirut in 2002. He brought all Arab countries and later all 57 Muslim countries to agree to normalize relations with Israel if it did a deal — any deal — with the Palestinians that the latter could accept. Israel spurned the offer. Its working assumption seems to be that it does not need peace with its neighbors as long as it can bomb and strafe them. Proceeding on this basis is not just a bad bet, it is one that is dividing Israel from the world, including Jews outside Israel. This does not look like a story with a happy ending. It’s hard to avoid the thought that Zionism is turning out to be bad for the Jews. If so, given the American investment in it, it will also have turned out to be bad for America. The political costs to America of support for Israel are steadily rising. We must find a way to divert Israel from the largely self-engineered isolation into which it is driving itself, while repairing our own increasing international ostracism on issues related to Israel.  
  • Despite Mr. Netanyahu’s recent public hysteria about Iran and his efforts to demonize it, Israel has traditionally seen Iran’s rivalry with the Arabs as a strategic asset. It had a very cooperative relationship with the Shah. Neither Israelis nor Arabs have forgotten the strategic logic that produced Israel's entente with Iran. Israel is very much on Daesh’s list of targets, as is Iran. For now, however, Israel’s main concern is the possible loss of its nuclear monopoly in the Middle East. Many years ago, Israel actually did what it now accuses Iran of planning to do. It clandestinely developed nuclear weapons while denying to us and others that it was doing so. Unlike Iran, Israel has not adhered to the Nuclear Non-Proliferation Treaty or subjected its nuclear facilities to international inspection. It has expressed no interest in proposals for a nuclear-free zone in the Middle East. It sees its ability to bring on nuclear Armageddon as the ultimate guarantee of its existence.
  • To many, Israel now seems to have acquired the obnoxious habit of biting the American hand that has fed it for so long. The Palestinians have despaired of American support for their self-determination. They are reaching out to the international community in ways that deliberately bypass the United States. Random acts of violence herald mayhem in the Holy Land. Daesh has proclaimed the objective of erasing the Sykes-Picot borders and the states within them. It has already expunged the border between Iraq and Syria. It is at work in Lebanon and has set its sights on Jordan, Palestine, and Israel. Lebanon, under Saudi influence, has turned to France rather than America for support. Hezbollah has intervened militarily in Iraq and Syria, both of whose governments are close to Iran. Egypt and Turkey have distanced themselves from the United States as well as from each other. Russia is back as a regional actor and arms supplier. The Gulf Arabs, Egypt, and Turkey now separately intervene in Libya, Syria, and Iraq without reference to American policy or views. Iran is the dominant influence in Iraq, Syria, parts of Lebanon, and now Yemen. It has boots on the ground in Iraq. And now Saudi Arabia seems to be organizing a coalition that will manage its own nuclear deterrence and military balancing of Ir
  • To describe this as out of control is hardly adequate. What are we to do about it? Perhaps we should start by recalling the first law of holes — “when stuck in one, stop digging.” It appears that “don’t just sit there, bomb something” isn’t much of a strategy. When he was asked last summer what our strategy for dealing with Daesh was, President Obama replied, “We don’t yet have one.” He was widely derided for that. He should have been praised for making the novel suggestion that before Washington acts, it should first think through what it hopes to accomplish and how best to do it. Sunzi once observed that “tactics without strategy is the noise before defeat." America’s noisy but strategy-free approach to the Middle East has proven him right. Again the starting point must be what we are trying to accomplish. Strategy is "the discipline of achieving desired ends through the most efficient use of available means" [John Lewis Gaddis].Our desired ends with respect to the Middle East are not in doubt. They have been and remain to gain an accepted and therefore secure place for Israel there; to keep the region's oil and gas coming at reasonable prices; to be able to pass through the area at will; to head off challenges to these interests; to do profitable business in the markets of the Middle East; and to promote stability amidst the expansion of liberty in its countries. Judging by results, we have been doing a lot wrong. Two related problems in our overall approach need correction. They are “enablement” and the creation of “moral hazard.” Both are fall-out from  relationships of codependency.
  • Enablement occurs when one party to a relationship indulges or supports and thereby enables another party’s dysfunctional behavior. A familiar example from ordinary life is giving money to a drunk or a drug addict or ignoring, explaining away, or defending their subsequent self-destructive behavior.  Moral hazard is the condition that obtains when one party is emboldened to take risks it would not otherwise take because it knows another party will shoulder the consequences and bear the costs of failure. The U.S.-Israel relationship has evolved to exemplify codependency. It now embodies both enablement and moral hazard. U.S. support for Israel is unconditional.  Israel has therefore had no need to cultivate relations with others in the Middle East, to declare its borders, or to choose peace over continued expansion into formerly Arab lands. Confidence in U.S. backing enables Israel to do whatever it likes to the Palestinians and its neighbors without having to worry about the consequences. Israel is now a rich country, but the United States continues to subsidize it with cash transfers and other fiscal privileges. The Jewish state is the most powerful country in the Middle East. It can launch attacks on its neighbors, confident that it will be resupplied by the United States. Its use of U.S. weapons in ways that violate both U.S. and international law goes unrebuked. 41 American vetoes in the United Nations Security Council have exempted Israel from censure and international law. We enable it to defy the expressed will of the international community, including, ironically, our own.
  • We Americans are facilitating Israel's indulgence in denial and avoidance of the choices it must make if it is not to jeopardize its long-term existence as a state in the Middle East. The biggest contribution we could now make to Israel's longevity would be to ration our support for it, so as to cause it to rethink and reform its often self-destructive behavior. Such peace as Israel now enjoys with Egypt, Jordan, and the Palestinians is the direct result of tough love of this kind by earlier American administrations. We Americans cannot save Israel from itself, but we can avoid killing it with uncritical kindness. We should support Israel when it makes sense to do so and it needs our support on specific issues, but not otherwise. Israel is placing itself and American interests in jeopardy. We need to discuss how to reverse this dynamic.
  • Moral hazard has also been a major problem in our relationship with our Arab partners. Why should they play an active role in countering the threat to them they perceive from Iran, if they can get America to do this for them? Similarly, why should any Muslim country rearrange its priorities to deal with Muslim renegades like Daesh when it can count on America to act for it? If America thinks it must lead, why not let it do so? But responsible foreign and defense policies begin with self-help, not outsourcing of military risks. The United States has the power-projection and war-fighting capabilities to back a Saudi-led coalition effort against Daesh. The Saudis have the religious and political credibility, leadership credentials, and diplomatic connections to organize such an effort. We do not. Since this century began, America has administered multiple disappointments to its allies and friends in the Middle East, while empowering their and our adversaries. Unlike the Gulf Arabs, Egypt, and Turkey, Washington does not have diplomatic relations with Tehran. Given our non-Muslim identity, solidarity with Israel, and recent history in the Fertile Crescent, the United States cannot hope to unite the region’s Muslims against Daesh.  Daesh is an insurgency that claims to exemplify Islam as well as a governing structure and an armed force. A coalition led by inhibited foreign forces, built on papered-over differences, and embodying hedged commitments will not defeat such an insurgency with or without boots on the ground.
  • When elections have yielded governments whose policies we oppose, we have not hesitated to conspire with their opponents to overthrow them. But the results of our efforts to coerce political change in the Middle East are not just failures but catastrophic failures. Our policies have nowhere produced democracy. They have instead contrived the destabilization of societies, the kindling of religious warfare, and the installation of dictatorships contemptuous of the rights of religious and ethnic minorities. Frankly, we have done a lot better at selling things, including armaments, to the region than we have at transplanting the ideals of the Atlantic Enlightenment there. The region’s autocrats cooperate with us to secure our protection, and they get it. When they are nonetheless overthrown, the result is not democracy or the rule of law but socio-political collapse and the emergence of  a Hobbesian state of nature in which religious and ethnic communities, families, and individuals are able to feel safe only when they are armed and have the drop on each other. Where we have engineered or attempted to engineer regime change, violent politics, partition, and ethno-religious cleansing have everywhere succeeded unjust but tranquil order. One result of our bungled interventions in Iraq and Syria is the rise of Daesh. This is yet another illustration that, in our efforts to do good in the Middle East, we have violated the principle that one should first do no harm.
  • Americans used to believe that we could best lead by example. We and those in the Middle East seeking nonviolent change would all be better off if America returned to that tradition and forswore ideologically motivated hectoring and intervention. No one willingly follows a wagging finger. Despite our unparalleled ability to use force against foreigners, the best way to inspire them to emulate us remains showing them that we have our act together. At the moment, we do not. In the end, to cure the dysfunction in our policies toward the Middle East, it comes down to this. We must cure the dysfunction and venality of our politics. If we cannot, we have no business trying to use an 8,000-mile-long screwdriver to fix things one-third of the way around the world. That doesn’t work well under the best of circumstances. But when the country wielding the screwdriver has very little idea what it’s doing, it really screws things up.
  • Paul Merrell on 17 Mar 15
     
    Chas Freeman served as US ambassador to Saudi Arabia during the war to liberate Kuwait and as Assistant Secretary of Defense from 1993-94. He was the editor of the Encyclopedia Britannica entry on "diplomacy" and is the author of five books, including "America's Misadventures in the Middle East" and "Interesting Times: China, America, and the Shifting Balance of Prestige."  I have largely omitted highlighting portions of the speech dealing with Muslim nations because Freeman has apparently lost touch with the actual U.S., Saudi, UAE, Kuwait, and Turish roles in creating and expanding ISIL. But his analysis of Israel's situation and recommendations for curing it seem quite valid, as well as his overall Mideast recommendation to heed the First Law of Holes: "when stuck in one, stop digging."   I recommend reading the entire speech notwithstanding his misunderstanding of ISIL. There is a lot of very important history there ably summarized.
Paul Merrell

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

scholar.google.com/scholar_case

surveillance state 4th Amendment constitutional law

shared by Paul Merrell on 27 Dec 13 - No Cached
  • But a recognition of these elementary truths does not make the employment by Government of electronic surveillance a welcome development—even when employed with restraint and under judicial supervision. There is, understandably, a deep-seated uneasiness and apprehension that this capability will be used to intrude upon cherished privacy of law-abiding citizens.[13] We 313*313 look to the Bill of Rights to safeguard this privacy. Though physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed, its broader spirit now shields private speech from unreasonable surveillance. Katz v. United States, supra; Berger v. New York, supra; Silverman v. United States, 365 U. S. 505 (1961). Our decision in Katz refused to lock the Fourth Amendment into instances of actual physical trespass. Rather, the Amendment governs "not only the seizure of tangible items, but extends as well to the recording of oral statements . . . without any `technical trespass under . . . local property law.'" Katz, supra, at 353. That decision implicitly recognized that the broad and unsuspected governmental incursions into conversational privacy which electronic surveillance entails[14] necessitate the application of Fourth Amendment safeguards.
  • National security cases, moreover, often reflect a convergence of First and Fourth Amendment values not present in cases of "ordinary" crime. Though the investigative duty of the executive may be stronger in such cases, so also is there greater jeopardy to constitutionally protected speech. "Historically the struggle for freedom of speech and press in England was bound up with the issue of the scope of the search and seizure 314*314 power," Marcus v. Search Warrant, 367 U. S. 717, 724 (1961). History abundantly documents the tendency of Government—however benevolent and benign its motives —to view with suspicion those who most fervently dispute its policies. Fourth Amendment protections become the more necessary when the targets of official surveillance may be those suspected of unorthodoxy in their political beliefs. The danger to political dissent is acute where the Government attempts to act under so vague a concept as the power to protect "domestic security." Given the difficulty of defining the domestic security interest, the danger of abuse in acting to protect that interest becomes apparent. Senator Hart addressed this dilemma in the floor debate on § 2511 (3):
  • "As I read it—and this is my fear—we are saying that the President, on his motion, could declare— name your favorite poison—draft dodgers, Black Muslims, the Ku Klux Klan, or civil rights activists to be a clear and present danger to the structure or existence of the Government."[15] The price of lawful public dissent must not be a dread of subjection to an unchecked surveillance power. Nor must the fear of unauthorized official eavesdropping deter vigorous citizen dissent and discussion of Government action in private conversation. For private dissent, no less than open public discourse, is essential to our free society.
  • ...8 more annotations...
  • As the Fourth Amendment is not absolute in its terms, our task is to examine and balance the basic values at stake in this case: the duty of Government 315*315 to protect the domestic security, and the potential danger posed by unreasonable surveillance to individual privacy and free expression. If the legitimate need of Government to safeguard domestic security requires the use of electronic surveillance, the question is whether the needs of citizens for privacy and free expression may not be better protected by requiring a warrant before such surveillance is undertaken. We must also ask whether a warrant requirement would unduly frustrate the efforts of Government to protect itself from acts of subversion and overthrow directed against it. Though the Fourth Amendment speaks broadly of "unreasonable searches and seizures," the definition of "reasonableness" turns, at least in part, on the more specific commands of the warrant clause. Some have argued that "[t]he relevant test is not whether it is reasonable to procure a search warrant, but whether the search was reasonable," United States v. Rabinowitz, 339 U. S. 56, 66 (1950).[16] This view, however, overlooks the second clause of the Amendment. The warrant clause of the Fourth Amendment is not dead language. Rather, it has been
  • "a valued part of our constitutional law for decades, and it has determined the result in scores and scores of cases in courts all over this country. It is not an inconvenience to be somehow `weighed' against the claims of police efficiency. It is, or should 316*316 be, an important working part of our machinery of government, operating as a matter of course to check the `well-intentioned but mistakenly overzealous executive officers' who are a part of any system of law enforcement." Coolidge v. New Hampshire, 403 U. S., at 481. See also United States v. Rabinowitz, supra, at 68 (Frankfurter, J., dissenting); Davis v. United States, 328 U. S. 582, 604 (1946) (Frankfurter, J., dissenting). Over two centuries ago, Lord Mansfield held that common-law principles prohibited warrants that ordered the arrest of unnamed individuals who the officer might conclude were guilty of seditious libel. "It is not fit," said Mansfield, "that the receiving or judging of the information should be left to the discretion of the officer. The magistrate ought to judge; and should give certain directions to the officer." Leach v. Three of the King's Messengers, 19 How. St. Tr. 1001, 1027 (1765).
  • Lord Mansfield's formulation touches the very heart of the Fourth Amendment directive: that, where practical, a governmental search and seizure should represent both the efforts of the officer to gather evidence of wrongful acts and the judgment of the magistrate that the collected evidence is sufficient to justify invasion of a citizen's private premises or conversation. Inherent in the concept of a warrant is its issuance by a "neutral and detached magistrate." Coolidge v. New Hampshire, supra, at 453; Katz v. United States, supra, at 356. The further requirement of "probable cause" instructs the magistrate that baseless searches shall not proceed. These Fourth Amendment freedoms cannot properly be guaranteed if domestic security surveillances may be conducted solely within the discretion of the Executive 317*317 Branch. The Fourth Amendment does not contemplate the executive officers of Government as neutral and disinterested magistrates. Their duty and responsibility are to enforce the laws, to investigate, and to prosecute. Katz v. United States, supra, at 359-360 (DOUGLAS, J., concurring). But those charged with this investigative and prosecutorial duty should not be the sole judges of when to utilize constitutionally sensitive means in pursuing their tasks. The historical judgment, which the Fourth Amendment accepts, is that unreviewed executive discretion may yield too readily to pressures to obtain incriminating evidence and overlook potential invasions of privacy and protected speech.[17]
  • It may well be that, in the instant case, the Government's surveillance of Plamondon's conversations was a reasonable one which readily would have gained prior judicial approval. But this Court "has never sustained a search upon the sole ground that officers reasonably expected to find evidence of a particular crime and voluntarily confined their activities to the least intrusive means consistent with that end." Katz, supra, at 356-357. The Fourth Amendment contemplates a prior judicial judgment,[18] not the risk that executive discretion may be reasonably exercised. This judicial role accords with our basic constitutional doctrine that individual freedoms will best be preserved through a separation of powers and division of functions among the different branches and levels of Government. Harlan, Thoughts at a Dedication: Keeping the Judicial Function in Balance, 49 A. B. A. J. 943-944 (1963). The independent check upon executive discretion is not 318*318 satisfied, as the Government argues, by "extremely limited" post-surveillance judicial review.[19] Indeed, post-surveillance review would never reach the surveillances which failed to result in prosecutions. Prior review by a neutral and detached magistrate is the time-tested means of effectuating Fourth Amendment rights. Beck v. Ohio, 379 U. S. 89, 96 (1964).
  • But we do not think a case has been made for the requested departure from Fourth Amendment standards. The circumstances described do not justify complete exemption of domestic security surveillance from prior judicial scrutiny. Official surveillance, whether its purpose be criminal investigation or ongoing intelligence gathering, risks infringement of constitutionally protected privacy of speech. Security surveillances are especially sensitive because of the inherent vagueness of the domestic security concept, the necessarily broad and continuing nature of intelligence gathering, and the temptation to utilize such surveillances to oversee political dissent. We recognize, as we have before, the constitutional basis of the President's domestic security role, but we think it must be exercised in a manner compatible with the Fourth Amendment. In this case we hold that this requires an appropriate prior warrant procedure. We cannot accept the Government's argument that internal security matters are too subtle and complex for judicial evaluation. Courts regularly deal with the most difficult issues of our society. There is no reason to believe that federal judges will be insensitive to or uncomprehending of the issues involved in domestic security cases. Certainly courts can recognize that domestic security surveillance involves different considerations from the surveillance of "ordinary crime." If the threat is too subtle or complex for our senior law enforcement officers to convey its significance to a court, one may question whether there is probable cause for surveillance.
  • Nor do we believe prior judicial approval will fracture the secrecy essential to official intelligence gathering. The investigation of criminal activity has long 321*321 involved imparting sensitive information to judicial officers who have respected the confidentialities involved. Judges may be counted upon to be especially conscious of security requirements in national security cases. Title III of the Omnibus Crime Control and Safe Streets Act already has imposed this responsibility on the judiciary in connection with such crimes as espionage, sabotage, and treason, §§ 2516 (1) (a) and (c), each of which may involve domestic as well as foreign security threats. Moreover, a warrant application involves no public or adversary proceedings: it is an ex parte request before a magistrate or judge. Whatever security dangers clerical and secretarial personnel may pose can be minimized by proper administrative measures, possibly to the point of allowing the Government itself to provide the necessary clerical assistance.
  • Thus, we conclude that the Government's concerns do not justify departure in this case from the customary Fourth Amendment requirement of judicial approval prior to initiation of a search or surveillance. Although some added burden will be imposed upon the Attorney General, this inconvenience is justified in a free society to protect constitutional values. Nor do we think the Government's domestic surveillance powers will be impaired to any significant degree. A prior warrant establishes presumptive validity of the surveillance and will minimize the burden of justification in post-surveillance judicial review. By no means of least importance will be the reassurance of the public generally that indiscriminate wiretapping and bugging of law-abiding citizens cannot occur.
  • As the surveillance of Plamondon's conversations was unlawful, because conducted without prior judicial approval, the courts below correctly held that Alderman v. United States, 394 U. S. 165 (1969), is controlling and that it requires disclosure to the accused of his own impermissibly intercepted conversations. As stated in Alderman, "the trial court can and should, where appropriate, place a defendant and his counsel under enforceable orders against unwarranted disclosure of the materials which they may be entitled to inspect." 394 U. S., at 185.[21]
Gary Edwards

U.S. Patriots Union: - 0 views

www.patriotsunion.org

US-Patriots-Union Defenders-of America Declaration-to-Restore-The-Constitution Balance-of-Powers-Act Impeach-Obama

shared by Gary Edwards on 21 Mar 12 - No Cached
  • Gary Edwards on 21 Mar 12
     
    These guys are on fire! Sight includes "A Declaration to Restore The Constitutional Republic" and, a "Balance of Powers Act" that would restore the sovereignty of the States under the ninth and tenth amendments. The spokesperson for this group of Patriotic veterans is General Paul Vallely.  The Declaration itself is in PDF format, and is quite the lenghthy bill of particulars against Obama, the ruling elites from both parties, and the Federal Government establishment.  There is also a video of the 11.11.11 Veterans Day Memorial that led to the creation of the Partiots Union, The Defenders of America, and the Declaration to Restore The Constitution.  Incredible stuff. excerpt: An undisclosed number of American Veterans and former service members have come together to prepare and present this Call-to-Action on behalf of the U.S. Constitution, the Republic, the Rule of Law and equal justice for all freedom loving citizens of the United States of America. Acting together as one, via The Veteran Defenders of America, co-sponsored by civilian patriot group The Unites States Patriots Union, LLC - we issue the following CALL for peaceful disobedience. 1. We CALL upon every member of federal, state and local government, legislative, judicial, law enforcement and military, who have taken an oath to protect and defend the Constitutional Republic from all enemies, foreign and domestic, to act upon those oaths for the stated purpose of restoring the Constitutional Republic. 2. We CALL upon ALL veterans and veteran organizations in America, who still believe in their  oath to protect and defend, to unite with us at once - in this Declaration to Restore the Constitutional Republic. 3. We CALL for ALL citizens who still desire freedom and liberty, to stand with us in peaceful protest, and carry our demands to right the wrongs against our nation in the preservation of freedom, liberty, justic
Paul Merrell

Tomgram: Engelhardt, Who Rules Washington? | TomDispatch - 0 views

www.tomdispatch.com/...lhardt%2C_who_rules_washington

war & peace Dark-State U.S. CIA torture Senate-Intelligence_Committee-Report

shared by Paul Merrell on 05 Aug 14 - No Cached
  • As every schoolchild knows, there are three check-and-balance branches of the U.S. government: the executive, Congress, and the judiciary. That’s bedrock Americanism and the most basic high school civics material. Only one problem: it’s just not so. During the Cold War years and far more strikingly in the twenty-first century, the U.S. government has evolved.  It sprouted a fourth branch: the national security state, whose main characteristic may be an unquenchable urge to expand its power and reach.  Admittedly, it still lacks certain formal prerogatives of governmental power.  Nonetheless, at a time when Congress and the presidency are in a check-and-balance ballet of inactivity that would have been unimaginable to Americans of earlier eras, the Fourth Branch is an ever more unchecked and unbalanced power center in Washington.  Curtained off from accountability by a penumbra of secrecy, its leaders increasingly are making nitty-gritty policy decisions and largely doing what they want, a situation illuminated by a recent controversy over the possible release of a Senate report on CIA rendition and torture practices.
  • All of this is or should be obvious, but remains surprisingly unacknowledged in our American world. The rise of the Fourth Branch began at a moment of mobilization for a global conflict, World War II.  It gained heft and staying power in the Cold War of the second half of the twentieth century, when that other superpower, the Soviet Union, provided the excuse for expansion of every sort.  Its officials bided their time in the years after the fall of the Soviet Union, when “terrorism” had yet to claim the landscape and enemies were in short supply.  In the post-9/11 era, in a phony “wartime” atmosphere, fed by trillions of taxpayer dollars, and under the banner of American “safety,” it has grown to unparalleled size and power.  So much so that it sparked a building boom in and around the national capital (as well as elsewhere in the country).  In their 2010 Washington Post series “Top Secret America,” Dana Priest and William Arkin offered this thumbnail summary of the extent of that boom for the U.S. Intelligence Community: “In Washington and the surrounding area,” they wrote, “33 building complexes for top-secret intelligence work are under construction or have been built since September 2001. Together they occupy the equivalent of almost three Pentagons or 22 U.S. Capitol buildings -- about 17 million square feet of space.”  And in 2014, the expansion is ongoing.
  • In this century, a full-scale second “Defense Department,” the Department of Homeland Security, was created.  Around it has grown up a mini-version of the military-industrial complex, with the usual set of consultants, K Street lobbyists, political contributions, and power relations: just the sort of edifice that President Eisenhower warned Americans about in his famed farewell address  in 1961.  In the meantime, the original military-industrial complex has only gained strength and influence. Increasingly, post-9/11, under the rubric of “privatization,” though it should more accurately have been called “corporatization,” the Pentagon took a series of crony companies off to war with it.  In the process, it gave “capitalist war” a more literal meaning, thanks to its wholesale financial support of, and the shrugging off of previously military tasks onto, a series of warrior corporations. Meanwhile, the 17 members of the U.S. Intelligence Community -- yes, there are 17 major intelligence outfits in the national security state -- have been growing, some at prodigious rates.  A number of them have undergone their own versions of corporatization, outsourcing many of their operations to private contractors in staggering numbers, so that we now have “capitalist intelligence” as well.  With the fears from 9/11 injected into society and the wind of terrorism at their backs, the Intelligence Community has had a remarkably free hand to develop surveillance systems that are now essentially “watching” everyone -- including, it seems, other branches of the government.
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  • From the Pentagon to the Department of Homeland Security to the labyrinthine world of intelligence, the rise to power of the national security state has been a spectacle of our time.  Whenever news of its secret operations begins to ooze out, threatening to unnerve the public, the White House and Congress discuss “reforms” which will, at best, modestly impede the expansive powers of that state within a state.  Generally speaking, its powers and prerogatives remain beyond constraint by that third branch of government, the non-secret judiciary.  It is deferred to with remarkable frequency by the executive branch and, with the rarest of exceptions, it has been supported handsomely with much obeisance and few doubts by Congress. And also keep in mind that, of the four branches of government, only two of them -- an activist Supreme Court and the national security state -- seem capable of functioning in a genuine policymaking capacity at the moment.
  • In that light, let’s turn to a set of intertwined events in Washington that have largely been dealt with in the media as your typical tempest in a teapot, a catfight among the vested and powerful.  I’m talking about the various charges and countercharges, anger, outrage, and irritation, as well as news of acts of seeming illegality now swirling around a 6,300-page CIA “torture report” produced but not yet made public by the Senate Intelligence Committee.  This ongoing controversy reveals a great deal about the nature of the checks and balances on the Fourth Branch of government in 2014.
  • Fourteen years into the twenty-first century, we’re so used to this sort of thing that we seldom think about what it means to let the CIA -- accused of a variety of crimes -- be the agency to decide what exactly can be known by the public, in conjunction with a deferential White House.  The Agency’s present director, it should be noted, has been a close confidant and friend of the president and was for years his key counterterrorism advisor.  To get a sense of what all this really means, you need perhaps to imagine that, in 2004, the 9/11 Commission was forced to turn its report over to Osama bin Laden for vetting and redaction before releasing it to the public.  Extreme as that may sound, the CIA is no less a self-interested party. And this interminable process has yet to end, although the White House is supposed to release something, possibly heavily redacted, as early as this coming week or perhaps in the dog days of August.
  • The fact is that, for the Fourth Branch, this remains the age of impunity.  Hidden in a veil of secrecy, bolstered by secret law and secret courts, surrounded by its chosen corporations and politicians, its power to define policy and act as it sees fit in the name of American safety is visibly on the rise.  No matter what setbacks it experiences along the way, its urge to expand and control seems, at the moment, beyond staunching.  In the context of the Senate’s torture report, the question at hand remains: Who rules Washington?
  • Paul Merrell on 05 Aug 14
     
    The indefatigable and perceptive Tom Englehardt finds formally secret features of the Dark State revealed in the ongoing political jockeying involving the CIA's torture, black prisons, and extarordinary rendition program. 
Gary Edwards

AEI - The Error at the Heart of the Dodd-Frank Act - 0 views

www.aei.org/101077

DFA Dodd-Frank-Act Banksters financial-collapse

shared by Gary Edwards on 07 Sep 11 - No Cached
  • The underlying assumption of the Dodd-Frank Act (DFA) is that the 2008 financial crisis was caused by the disorderly bankruptcy of Lehman Brothers.
  • This is evident in the statements of officials and the principal elements of the act, which would tighten the regulation of large financial institutions to prevent their failing, and establish an "orderly resolution" system outside of bankruptcy if they do.
  • The financial crisis, however, was caused by the mortgage meltdown, a sudden and sharp decline in housing and mortgage values as a massive housing bubble collapsed in 2007. This scenario is known to scholars as a "common shock"—a sudden decline in the
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  • 27 million loans—were subprime or otherwise weak and risky loans.
  • The reason for this was the US government's housing policy, which—in the early 1990s—began to require that government agencies and others regulated or controlled by government reduce their mortgage underwriting standards so borrowers who had not previously had access to mortgage credit would be able to buy homes. The government-sponsored enterprises Fannie Mae and Freddie Mac, the Federal Housing Administration, and banks and savings and loan associations (S&Ls) subject to the Community Reinvestment Act were all required to increase their acquisition of loans to homebuyers at or below the median income in their communities. Often, government policies required Fannie, Freddie, and the others to acquire loans to borrowers at or below 80 percent, and in some cases 60 percent, of median income.
  • Sometimes it is argued that the Troubled Asset Relief Program (TARP) prevented more failures. That seems highly unlikely. The first funds were made available under TARP on October 28, 2008, about six weeks after the panic following Lehman's failure. By that time, any firm that had been mortally wounded by Lehman's collapse would have collapsed itself. Moreover, most of the TARP funds were quickly repaid by the largest institutions, and many of the smaller ones, only eight months later, in mid-June 2009. This is strong ¬evidence that the funds were not needed to cover losses coming from the Lehman bankruptcy. If there were such losses, they would still have been embedded in the balance sheets of those institutions. If the funds were needed at all—and many of the institutions took them reluctantly and under government pressure—it was to restore investor confidence that the recipients were not so badly affected by the common shock of the decline in housing and mortgage values that they could not fund orderly withdrawals, if necessary. However, even if we assume that TARP funds prevented the failure of some large financial institutions, it seems clear that the underlying cause of each firm's weakness was the decline in the value of its MBS holdings, and not any losses suffered as a result of Lehman's bankruptcy.
  • This analysis leads to the following conclusion. Without a common shock, the failure of a single Lehman-like firm is highly unlikely to cause a financial crisis. This conclusion is buttressed by the fact that in 1990 the securities firm Drexel Burnham Lambert—then, like Lehman, the fourth largest securities firm in the United States—was allowed to declare bankruptcy without any adverse consequences for the market in general. At the time, other financial institutions were generally healthy, and Drexel was not brought down by the failure of a widely held class of assets. On the other hand, in the presence of a common shock, the orderly resolution of one or a few Lehman-like financial institutions will not prevent a financial crisis precipitated by a severe common shock.
  • In effect, by giving the government the power to resolve any financial firm it believes to be failing, the act has added a whole new policy objective for the resolution of failing firms. Before Dodd-Frank, insolvency law embodied two basic policies—retain the going concern value of the firm and provide a mechanism by which creditors could realize on the assets of an insolvent firm that cannot be saved.
  • DFA will have important adverse effects on ¬insolvency law.
  • Gary Edwards on 07 Sep 11
     
    The underlying assumption of the Dodd-Frank Act (DFA) is that the 2008 financial crisis was caused by the disorderly bankruptcy of Lehman Brothers. This is evident in the statements of officials and the principal elements of the act, which would tighten the regulation of large financial institutions to prevent their failing, and establish an "orderly resolution" system outside of bankruptcy if they do. The financial crisis, however, was caused by the mortgage meltdown, a sudden and sharp decline in housing and mortgage values as a massive housing bubble collapsed in 2007. This scenario is known to scholars as a "common shock"-a sudden decline in the value of a widely held asset-which causes instability or insolvency among many financial institutions. In this light, the principal elements of Dodd-Frank turn out to be useless as a defense against a future crisis. Lehman's bankruptcy shows that in the absence of a common shock that weakens all or most financial institutions, the bankruptcy of one or a few firms would not cause a crisis; on the other hand, given a similarly severe common shock in the future, subjecting a few financial institutions to the act's orderly resolution process will not prevent a crisis. Apart from its likely ineffectiveness, moreover, the orderly resolution process in the act impairs the current insolvency system and will raise the cost of credit for all financial institutions. 
Paul Merrell

Top-Secret Document Reveals NSA Spied On Porn Habits As Part Of Plan To Discredit 'Radi... - 0 views

www.huffingtonpost.com/...sa-porn-muslims_n_4346128.html

surveillance state NSA NSA-porn COINTELPRO FBI must-read

shared by Paul Merrell on 28 Nov 13 - No Cached
  • WASHINGTON -- The National Security Agency has been gathering records of online sexual activity and evidence of visits to pornographic websites as part of a proposed plan to harm the reputations of those whom the agency believes are radicalizing others through incendiary speeches, according to a top-secret NSA document. The document, provided by NSA whistleblower Edward Snowden, identifies six targets, all Muslims, as “exemplars” of how “personal vulnerabilities” can be learned through electronic surveillance, and then exploited to undermine a target's credibility, reputation and authority. The NSA document, dated Oct. 3, 2012, repeatedly refers to the power of charges of hypocrisy to undermine such a messenger. “A previous SIGINT" -- or signals intelligence, the interception of communications -- "assessment report on radicalization indicated that radicalizers appear to be particularly vulnerable in the area of authority when their private and public behaviors are not consistent,” the document argues. Among the vulnerabilities listed by the NSA that can be effectively exploited are “viewing sexually explicit material online” and “using sexually explicit persuasive language when communicating with inexperienced young girls.”
  • The Director of the National Security Agency -- described as "DIRNSA" -- is listed as the "originator" of the document. Beyond the NSA itself, the listed recipients include officials with the Departments of Justice and Commerce and the Drug Enforcement Administration. "Without discussing specific individuals, it should not be surprising that the US Government uses all of the lawful tools at our disposal to impede the efforts of valid terrorist targets who seek to harm the nation and radicalize others to violence," Shawn Turner, director of public affairs for National Intelligence, told The Huffington Post in an email Tuesday. Yet Jameel Jaffer, deputy legal director of the American Civil Liberties Union, said these revelations give rise to serious concerns about abuse. "It's important to remember that the NSA’s surveillance activities are anything but narrowly focused -- the agency is collecting massive amounts of sensitive information about virtually everyone," he said. "Wherever you are, the NSA's databases store information about your political views, your medical history, your intimate relationships and your activities online," he added. "The NSA says this personal information won't be abused, but these documents show that the NSA probably defines 'abuse' very narrowly."
  • None of the six individuals targeted by the NSA is accused in the document of being involved in terror plots. The agency believes they all currently reside outside the United States. It identifies one of them, however, as a "U.S. person," which means he is either a U.S. citizen or a permanent resident. A U.S. person is entitled to greater legal protections against NSA surveillance than foreigners are. Stewart Baker, a one-time general counsel for the NSA and a top Homeland Security official in the Bush administration, said that the idea of using potentially embarrassing information to undermine targets is a sound one. "If people are engaged in trying to recruit folks to kill Americans and we can discredit them, we ought to," said Baker. "On the whole, it's fairer and maybe more humane" than bombing a target, he said, describing the tactic as "dropping the truth on them." Any system can be abused, Baker allowed, but he said fears of the policy drifting to domestic political opponents don't justify rejecting it. "On that ground you could question almost any tactic we use in a war, and at some point you have to say we're counting on our officials to know the difference," he said.
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  • In addition to analyzing the content of their internet activities, the NSA also examined the targets' contact lists. The NSA accuses two of the targets of promoting al Qaeda propaganda, but states that surveillance of the three English-speakers’ communications revealed that they have "minimal terrorist contacts." In particular, “only seven (1 percent) of the contacts in the study of the three English-speaking radicalizers were characterized in SIGINT as affiliated with an extremist group or a Pakistani militant group. An earlier communications profile of [one of the targets] reveals that 3 of the 213 distinct individuals he was in contact with between 4 August and 2 November 2010 were known or suspected of being associated with terrorism," the document reads. The document contends that the three Arabic-speaking targets have more contacts with affiliates of extremist groups, but does not suggest they themselves are involved in any terror plots. Instead, the NSA believes the targeted individuals radicalize people through the expression of controversial ideas via YouTube, Facebook and other social media websites. Their audience, both English and Arabic speakers, "includes individuals who do not yet hold extremist views but who are susceptible to the extremist message,” the document states. The NSA says the speeches and writings of the six individuals resonate most in countries including the United Kingdom, Germany, Sweden, Kenya, Pakistan, India and Saudi Arabia.
  • The NSA possesses embarrassing sexually explicit information about at least two of the targets by virtue of electronic surveillance of their online activity. The report states that some of the data was gleaned through FBI surveillance programs carried out under the Foreign Intelligence and Surveillance Act. The document adds, "Information herein is based largely on Sunni extremist communications." It further states that "the SIGINT information is from primary sources with direct access and is generally considered reliable." According to the document, the NSA believes that exploiting electronic surveillance to publicly reveal online sexual activities can make it harder for these “radicalizers” to maintain their credibility. "Focusing on access reveals potential vulnerabilities that could be even more effectively exploited when used in combination with vulnerabilities of character or credibility, or both, of the message in order to shape the perception of the messenger as well as that of his followers," the document argues. An attached appendix lists the "argument" each surveillance target has made that the NSA says constitutes radicalism, as well the personal "vulnerabilities" the agency believes would leave the targets "open to credibility challenges" if exposed.
  • One target's offending argument is that "Non-Muslims are a threat to Islam," and a vulnerability listed against him is "online promiscuity." Another target, a foreign citizen the NSA describes as a "respected academic," holds the offending view that "offensive jihad is justified," and his vulnerabilities are listed as "online promiscuity" and "publishes articles without checking facts." A third targeted radical is described as a "well-known media celebrity" based in the Middle East who argues that "the U.S perpetrated the 9/11 attack." Under vulnerabilities, he is said to lead "a glamorous lifestyle." A fourth target, who argues that "the U.S. brought the 9/11 attacks on itself" is said to be vulnerable to accusations of “deceitful use of funds." The document expresses the hope that revealing damaging information about the individuals could undermine their perceived "devotion to the jihadist cause." The Huffington Post is withholding the names and locations of the six targeted individuals; the allegations made by the NSA about their online activities in this document cannot be verified. The document does not indicate whether the NSA carried out its plan to discredit these six individuals, either by communicating with them privately about the acquired information or leaking it publicly. There is also no discussion in the document of any legal or ethical constraints on exploiting electronic surveillance in this manner.
  • While Baker and others support using surveillance to tarnish the reputation of people the NSA considers "radicalizers," U.S. officials have in the past used similar tactics against civil rights leaders, labor movement activists and others. Under J. Edgar Hoover, the FBI harassed activists and compiled secret files on political leaders, most notably Martin Luther King, Jr. The extent of the FBI's surveillance of political figures is still being revealed to this day, as the bureau releases the long dossiers it compiled on certain people in response to Freedom of Information Act requests following their deaths. The information collected by the FBI often centered on sex -- homosexuality was an ongoing obsession on Hoover's watch -- and information about extramarital affairs was reportedly used to blackmail politicians into fulfilling the bureau's needs. Current FBI Director James Comey recently ordered new FBI agents to visit the Martin Luther King, Jr. Memorial in Washington to understand "the dangers in becoming untethered to oversight and accountability."
  • James Bamford, a journalist who has been covering the NSA since the early 1980s, said the use of surveillance to exploit embarrassing private behavior is precisely what led to past U.S. surveillance scandals. "The NSA's operation is eerily similar to the FBI's operations under J. Edgar Hoover in the 1960s where the bureau used wiretapping to discover vulnerabilities, such as sexual activity, to 'neutralize' their targets," he said. "Back then, the idea was developed by the longest serving FBI chief in U.S. history, today it was suggested by the longest serving NSA chief in U.S. history." That controversy, Bamford said, also involved the NSA. "And back then, the NSA was also used to do the eavesdropping on King and others through its Operation Minaret. A later review declared the NSA’s program 'disreputable if not outright illegal,'" he said. Baker said that until there is evidence the tactic is being abused, the NSA should be trusted to use its discretion. "The abuses that involved Martin Luther King occurred before Edward Snowden was born," he said. "I think we can describe them as historical rather than current scandals. Before I say, 'Yeah, we've gotta worry about that,' I'd like to see evidence of that happening, or is even contemplated today, and I don't see it."
  • Jaffer, however, warned that the lessons of history ought to compel serious concern that a "president will ask the NSA to use the fruits of surveillance to discredit a political opponent, journalist or human rights activist." "The NSA has used its power that way in the past and it would be naïve to think it couldn't use its power that way in the future," he said.
  • Paul Merrell on 28 Nov 13
     
    By Glenn Greenwald, Ryan Gallagher, and Ryan Grim, 26 November 2013. I will annotate later. But this is by far the most important NSA disclosure from Edward Snowden's leaked documents thus far. A report originated by Gen. Alexander himself revealing COINTELPRO like activities aimed at destroying the reputations of non-terrorist "radicalizers," including one "U.S. person." This is exactly the kind of repressive activity that the civil libertarians among us warn about. 
  • Paul Merrell on 28 Nov 13
     
    By Glenn Greenwald, Ryan Gallagher, and Ryan Grim, 26 November 2013. I will annotate later. But this is by far the most important NSA disclosure from Edward Snowden's leaked documents thus far. A report originated by Gen. Alexander himself revealing COINTELPRO like activities aimed at destroying the reputations of non-terrorist "radicalizers," including one "U.S. person." This is exactly the kind of repressive activity that the civil libertarians among us warn about. 
Gary Edwards

How Did A Single Unconstitutional Agency Become The Most Powerful Organization In America? - 2 views

www.businessinsider.com/ed-is-unconstitutional-2010-11

Abolish-the-Fed Federal-Reserve Jekyll-Island financial-collapse financial-oligarchs Ashvin-Pandurangi Banksters banksters

shared by Gary Edwards on 08 Nov 10 - No Cached
  • Gary Edwards on 08 Nov 10
     
    No other country had ever codified the structures and processes of their governing institutions to such an extent in one single document. Many people focus on the Bill of Rights when speaking about the Constitution, but the first four Articles are just as important. They synthesized political ideas that were developed over hundreds of years by some of the most insightful thinkers, such as separation of federal powers, checks and balances, vertical division of powers (federalism), an independent judiciary and, of course, representative democracy. The latter emphasizes the notion that any policies enacted by the federal government must be authorized by the people, through their elected representatives who are held accountable to constituents every few years. So what's the state of our Constitutional democracy today? Simple, it doesn't exist. International corruption surveys typically rank the U.S. higher (less corrupt) than most other countries, but this simply proves how bad these surveys are at capturing the essence of real, hardcore corruption. We could write stacks of books on the prevalence of money in politics and the swarms of lobbyists who descend on Washington every single week, and many people have, but it's simpler to just focus on the most egregious example of corruption. The most powerful, influential economic policy-making institution in the country, the Federal Reserve ("Fed"), is an unelected body that is completely unaccountable to the people. Well, let's back up and start with the fact that this institution's very existence is most likely unconstitutional. Here's why: Article I, Section 8 of the Constitution states that Congress has the power to "coin money" and "regulate the value thereof". The Supreme Court has long held that Congress can delegate its legislative powers to Executive agencies as long as it provides an "intelligible principle" to guide the agencies' acti
Gary Edwards

The Federal Reserve is a privately owned Corporation « orwelliania - 0 views

orwelliania.wordpress.com/...-a-privately-owned-corporation

End-the-Fed Banksters Globalist Rothschild-Banksters Central-Banks

shared by Gary Edwards on 22 Jun 12 - No Cached
  • Gary Edwards on 22 Jun 12
     
    Incredible.  Watch your breathing rate as you read this.  Otherwise you might pass out. excerpt: Who actually owns the Federal Reserve Central Banks? The ownership of the 12 Central banks, a very well kept secret, has been revealed: Rothschild Bank of London Warburg Bank of Hamburg Rothschild Bank of Berlin Lehman Brothers of New York Lazard Brothers of Paris Kuhn Loeb Bank of New York Israel Moses Seif Banks of Italy Goldman, Sachs of New York Warburg Bank of Amsterdam Chase Manhattan Bank of New York (Reference 14, P. 13, Reference 12, P. 152) These bankers are connected to London Banking Houses which ultimately control the FED. When England lost the Revolutionary War with America (our forefathers were fighting their own government), they planned to control us by controlling our banking system, the printing of our money, and our debt (Reference 4, 22). The individuals listed below owned banks which in turn owned shares in the FED. The banks listed below have significant control over the New York FED District, which controls the other 11 FED Districts. These banks also are partly foreign owned and control the New York FED District Bank. (Reference 22) First National Bank of New York James Stillman National City Bank, New York Mary W. Harnman National Bank of Commerce, New York A.D. Jiullard Hanover National Bank, New York Jacob Schiff Chase National Bank, New York Thomas F. Ryan Paul Warburg William Rockefeller Levi P. Morton M.T. Pyne George F. Baker Percy Pyne Mrs. G.F. St. George J.W. Sterling Katherine St. George H.P. Davidson J.P. Morgan (Equitable Life/Mutual Life) Edith Brevour T. Baker (Reference 4 for above, Reference 22 has details, P. 92, 93, 96, 179) How did it happen? After previous attempts to push the Federal Reserve Act through Congress, a group of bankers funded and staffed Woodrow Wilson's campaign for President. He had committed to sign this act. In 1913, a Senator, Nelson Aldrich, maternal grandfather to the Rockefell
Gary Edwards

The Libertarian View: Are Tariffs Bad? - 1 views

www.ronpaulforums.com/showthread.php

Libertarian Austrian-Economics Tariffs-NAFTA China Ron-Paul

shared by Gary Edwards on 26 Jan 12 - No Cached
  • Gary Edwards on 26 Jan 12
     
    As many know, i spent quite a bit of time working for a Chinese Company seeking to enter the USA-European software market.  My task was to research the market, discover and define a market opportunity, design the product, and then work as product manager to get that service to market.  I took this job to better understand the Chinese marketplace and how sovereign Chinese companies work.  What i learned is how the Chinese seek to exploit and totally dominate open markets.  Software is just a category whose time has come.  and there are thousands of Chinese companies lining up.  The first step though is to fine tune the existing blueprint used by other Sina sovereigns.  amazing stuff. My take away from this experience is that the USA MUST set up a 30% tariff on ALL imports, and do so IMMEDIATELY!!!  Yesterday is not soon enough! As a newly minted libertarian, i wondered about the obvious conflict with Austrian Economics and their dedication to free markets and free trade?  I found the answer at this Libertarian forum, where many members were in heated discussion.  Comment #7 sums it up best i think.  Including a link to Ron Paul's Tariff-NAFTA speech. The thing is, the 30% Tariff should be part of an overall TAX REDUCTION PLAN.  I support the FAIR TAX and the Balanced Budget Amendment.  As an alternative to the Fair Tax, I would also support a 17% flat tax with no exceptions.  The ideal situation being an immediate, uncompromising, no exceptions 30% tariff on ALL imports coupled with the Fair Tax and the Balanced Budget Amendment.   And yes, i do believe this plan is consistent with the Founding Fathers Constitution.  But it took some kind of research to establish that opinion.   I've also concluded that "conservatism" is a convenient philosophical vehicle for the corrupt crony corporatism of both the military-industrial-complex, banksters and, international corporations.  Free trade and open markets concepts are perverted to become a thin veil
Paul Merrell

Blocking a 'Realist' Strategy on the Mideast | Consortiumnews - 0 views

consortiumnews.com/...ealist-strategy-on-the-mideast

war & peace U.S.-foreign-policy neocons Obama

shared by Paul Merrell on 20 Sep 14 - No Cached
  • Official Washington’s influential neocons appear back in the driver’s seat steering U.S. policy in the Middle East toward a wider conflict in Syria and away from a “realist” alternative that sought a Putin-Obama collaboration to resolve the region’s crises more peacefully, reports Robert Parry.
  • There’s also the other finicky little problem that the action of arming and training rebels and unleashing them against a sovereign state is an act of aggression (if not terrorism depending on what they do), similar to what U.S. officials have piously condemned the Russians of doing in Ukraine. But this hypocrisy is never acknowledged either by U.S. policymakers or the mainstream U.S. press, which has gone into Cold War hysterics over Moscow’s alleged support for embattled ethnic Russians in eastern Ukraine on Russia’s border — while demanding that Obama expand support for Syrian rebels halfway around the world, even though many of those “moderates” have allied themselves with al-Qaeda terrorists.
  • Though it’s been known for quite awhile that the Syrian civil war had degenerated into a sectarian conflict with mostly Sunni rebels battling the Alawites, Shiites, Christians and other minorities who form the base of support for Assad, the fiction has been maintained in Washington that a viable and secular “moderate opposition” to Assad still exists. The reality on the ground says otherwise. For instance, in Friday’s New York Times, an article by correspondent Ben Hubbard described the supposed Syrian “moderates” who are receiving CIA support as “a beleaguered lot, far from becoming a force that can take on the fanatical and seasoned fighters of the Islamic State.” But the situation is arguably worse than just the weakness of these “moderates.” According to Hubbard’s reporting, some of these U.S.-backed fighters “acknowledge that battlefield necessity had put them in the trenches with the Nusra Front, Al Qaeda’s Syrian affiliate, an issue of obvious concern for the United States. …
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  • “Lt. Col. Fares al-Bayyoush, the former aviation engineer who now heads the Fursan al-Haq Brigade, acknowledged that his men had fought alongside the Nusra Front because they needed all the help they could get. “Sometimes, he said, that help comes in forms only a jihadi group can provide. He cited the rebel takeover of the northern town of Khan Sheikhoun, saying that the rebels were unable to take out one government position until the Nusra Front sent a suicide bomber to blow it up. In another town nearby, Nusra sent four bombers, including an American citizen. “‘We encourage them actually,’ Mr. Bayyoush said with a laugh. ‘And if they need vehicles, we provide them’.”
  • The “moderate” rebels also don’t share President Obama’s priority of carrying the fight to the Islamic State militants, reported Hubbard, “ousting Mr. Assad remains their primary goal.” This dilemma of the mixed allegiances of the “moderates” has been apparent for at least the past year. Last September, many of the previously hailed Syrian “moderate” rebels unveiled themselves to be Islamists who repudiated the U.S.-backed political opposition and allied themselves with al-Qaeda’s al-Nusra Front. [See Consortiumnews.com’s “Syrian Rebels Embrace Al-Qaeda.”] In other words, the just-approved congressional action opening the floodgates to hundreds of millions of dollars more in military aid to Syrian “moderates” could actually contribute to al-Qaeda’s Syrian affiliate gaining control of Syria, which could create a far greater threat to U.S. national security than the consolidation of the Islamic State inside territory of Syria and Iraq.
  • While the Islamic State brandishes its brutality as a gruesome tactic for driving Western interests out of the Middle East, it has shown no particular interest in taking its battle into the West. By contrast, al-Qaeda follows a conscious strategy of inflicting terrorist attacks on the West as part of a long-term plan to wreck the economies of the United States and Europe. Thus, Obama’s hastily approved strategy for investing more in Syrian “moderates” – if it allows a continued spillover of U.S. military equipment to al-Nusra – could increase the chances of creating a base for international terrorism in Damascus at the heart of the Middle East. That would surely prompt demands for a reintroduction of U.S. ground troops into the region.
  • There are also obvious alternatives to following such a self-destructive course, although they would require Obama and much of Official Washington to climb down from their collective high horses and deal with such demonized leaders as Syria’s Assad and Russian President Vladimir Putin, not to mention Iran. A “realist” strategy would seek out a realistic political solution to the Syrian conflict, which would mean accepting the continuation of Assad’s rule, at least for the near term, as part of a coalition government that would offer stronger Sunni representation. This unity government could then focus on eliminating remaining pockets of al-Qaeda and Islamic State resistance before holding new elections across as much of the country as possible.
  • As part of this strategy to weaken these Islamic extremists, the United States and the European Union would have to crack down on the militants’ funding sources in Saudi Arabia and the Persian Gulf, as touchy as that can be with the Saudis holding such influence over the U.S. economy. But Obama could start the process of facing down Saudi blackmail by declassifying the secret section of the 9/11 Report which reportedly describes Saudi financing of al-Qaeda before the 9/11 attacks. I’m told that U.S. intelligence now has a clear picture of which Saudi princes are providing money to Islamist terrorists. So, instead of simply sending drones and warplanes after youthful jihadist warriors, the Obama administration might find it more useful to shut down these funders, perhaps nominating these princes as candidates for the U.S. “capture or kill list.”
  • To get Assad fully onboard for the necessary concessions to his Sunni opponents, the Russians could prove extremely valuable. According to a source briefed on recent developments, Russian intelligence already has served as a go-between for U.S. intelligence to secure Assad’s acceptance of Obama’s plan to send warplanes into parts of Syrian territory to attack Islamic State targets. The Russians also proved helpful a year ago in getting Assad to surrender his chemical weapons arsenal to defuse a U.S. threat to begin bombing Assad’s military in retaliation for a Sarin gas attack outside Damascus on Aug. 21, 2013. Although Assad denied involvement – and subsequent evidence pointed more toward a provocation by rebel extremists – Putin’s intervention gave Obama a major foreign policy success without a U.S. military strike. That intervention, however, infuriated Syrian rebels who had planned to time a military offensive with the U.S. bombing campaign, hoping to topple Assad’s government and take power in Damascus. America’s influential neoconservatives and their “liberal interventionist” allies – along with Israeli officials – were also livid, all eager for another U.S.-backed “regime change” in the Middle East.
  • Putin thus made himself an inviting neocon target. By the end of last September, American neocons were taking aim at Ukraine as a key vulnerability for Putin. A leading neocon, Carl Gershman, president of the U.S.-government-funded National Endowment for Democracy, took to the op-ed pages of the neocon Washington Post to identify Ukraine as “the biggest prize” and explain how its targeting could undermine Putin’s political standing inside Russia. “Ukraine’s choice to join Europe will accelerate the demise of the ideology of Russian imperialism that Putin represents,” Gershman wrote. “Russians, too, face a choice, and Putin may find himself on the losing end not just in the near abroad but within Russia itself.” At the time, Gershman’s NED was funding scores of political and media projects inside Ukraine. What followed in Ukraine had all the earmarks of a U.S. destabilization campaign against Putin’s ally, the elected President Viktor Yanukovych.
  • Then, with U.S. officialdom and the mainstream U.S. press engaging in an orgy of Cold War-style propaganda, Putin was demonized as a new Hitler expanding territory by force. Anyone who knew the facts recognized that Putin had actually been trying to maintain the status quo, i.e., sustain the Yanukovych government until the next election, and it was the West that had thrown the first punch. But Washington’s new “group think” was that Putin instigated the Ukraine crisis so he could reclaim lost territory of the Russian empire. President Obama seemed caught off-guard by the Ukraine crisis, but was soon swept up in the West’s Putin/Russia bashing. He joined in the hysteria despite the damage that the Ukraine confrontation was inflicting on Obama’s own hopes of working with Putin to resolve other Middle East problems.
  • Thus, the initial victory went to the neocons who had astutely recognized that the emerging Putin-Obama collaboration represented a serious threat to their continued plans for “regime change” across the Middle East. Not only had Putin helped Obama head off the military strike on Syria, but Putin assisted in getting Iran to agree to limits on its nuclear program. That meant the neocon desire for more “shock and awe” bombing in Syria and Iran had to be further postponed. The Putin-Obama cooperation might have presented an even greater threat to neocon plans if the two leaders could have teamed up to pressure Israeli Prime Minister Benjamin Netanyahu to finally reach a reasonable agreement with the Palestinians. At the center of the neocons’ strategy at least since the mid-1990s has been the idea that “regime change” in Middle East governments hostile to Israel would eventually starve Israel’s close-in enemies, such as Lebanon’s Hezbollah and Palestine’s Hamas, of support and free Israel’s hand to do what it wanted with the Palestinians. [See Consortiumnews.com’s “The Mysterious Why of the Iraq War.”]
  • The Putin-Obama collaboration – if allowed to mature – could have derailed that core neocon strategy and denied Israel the unilateral power to decide the Palestinians’ fate. But the Ukraine crisis – and now the plan to pour a half-billion dollars into the Syrian rebels fighting Assad – have put the neocon strategy back on track. The next question is whether Obama and whatever “realists” remain in Official Washington have the will and the determination to reclaim control of the Middle East policy train and take it in a different direction.
  • Paul Merrell on 20 Sep 14
     
    Robert Parry takes a break from the nuts and bolts of U.S. foreign proxy wars, steps back, and provides a broader view of what is happening to the balance of power within the Obama administration, and sees the neocons as regaining lost influence.
Gary Edwards

Guest Post: The Linchpin Lie: How Global Collapse Will Be Sold To The Masses | Zero Hedge - 0 views

www.zerohedge.com/...l-collapse-will-be-sold-masses

Globalists Zero-Hedge New-World-Order Rand-Corporation

shared by Gary Edwards on 01 Feb 13 - No Cached
  • Gary Edwards on 01 Feb 13
     
    Stunning guest post at Zero Hedge that attempts to explain it all - Why things happen and who is behind the curtain pulling the strings.  And what are they trying to do?  Excellent piece exposing the Globalists and how they work.  The question of why war and debt is so important to the Globalist one world - new world order viewpoint is also explained. excerpt: "In our modern world there exist certain institutions of power.  Not government committees, alphabet agencies, corporate lobbies, or even standard military organizations; no, these are the mere "middle-men" of power.  The errand boys.  The well paid hitmen of the global mafia.  They are not the strategists or the decision makers.  Instead, I speak of institutions which introduce the newest paradigms.  Who write the propaganda.  Who issue the orders from on high.  I speak of the hubs of elitism which have initiated nearly every policy mechanism of our government for the past several decades.  I am talking about the Council On Foreign Relations, the Tavistock Institute, the Heritage Foundation (a socialist organization posing as conservative), the Bilderberg Group, as well as the corporate foils that they use to enact globalization, such as Monsanto, Goldman Sachs, JP Morgan, the Carlyle Group, etc. Many of these organizations and corporations operate a revolving door within the U.S. government.  Monsanto has champions, like Donald Rumsfeld who was on the board of directors of its Searle Pharmaceuticals branch, who later went on to help the company force numerous dangerous products including Aspartame through the FDA.  Goldman Sachs and JP Morgan have a veritable merry-go-round of corrupt banking agents which are appointed to important White House and Treasury positions on a regular basis REGARDLESS of which party happens to be in office.  Most prominent politicians are all members of the Council on Foreign Relations, an organization which has openly admitted on multiple occasions that thei
Gary Edwards

KeepTheWebOpen.com - 0 views

keepthewebopen.com/open

OpenWeb ACTA

shared by Gary Edwards on 17 Mar 12 - No Cached
  • Gary Edwards on 17 Mar 12
     
    Keep the Web Open and out of the hands of Agenda 21 UN socialists and the tyranny of ACTA. California Representative Darryl Issa has proposed  OPEN - the Online Protection & ENforcement of Ditital Trade Act.  Join the movement to keep the Web Open and sign on today. The background to this urgency is that Obama is trying to run an end around Congress, claiming that he has the authority to sign ACTA: From the Vanguard of Freedom: The Anti-Counterfeiting Trade Agreement. ACTA is supposed to strengthen intellectual property rights; that is, the rights of artists to protect their creations from being copied and counterfeited, essentially stolen and reproduced without consent. However, many including Congressman Darrel Issa (via his website on this subject) has called ACTA "an unconstitutional power grab started by President George W. Bush and completed by President Barack Obama - despite the White House's January 14 criticism of legislative solutions that harm the Internet and erode individual rights." Says Issa: "…The Constitution gives Congress the power to pass intellectual property legislation - like SOPA and PIPA - and gives the Senate the power to ratify treaties. But the Obama Administration maintains that ACTA is not even a treaty, justifying the exclusion of both American citizens and their elected representatives. It is a practice Vice President Joe Biden decried as a U.S. Senator…" Maira Sutton and Parker Higgins, writing for the Electronic Frontier Foundation, an "electronics" rights advocacy organization, say in an article they authored, that "…We Have Every Right to Be Furious About ACTA." Sutton and Higgins write: "…Negotiated in secret, ACTA bypassed checks and balances of existing international IP norm-setting bodies, without any meaningful input from national parliaments, policymakers, or their citizens. Worse still, the agreement creates a new global institution, an 'ACTA Committee' to ove
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