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Gary Edwards

Obama Downgrade: The Guns of August - 2 views

The world is upside down with the USA credit rating downgrade. Gold surges over $1700 per oz. The stock market continues it's downward spiral, now in free fall. The Federal Reserve Bankster Carte...

Obama-downgrade Cut-Cap-Balance Ryan-Budget Tea-Party-Patriots financial-collapse

started by Gary Edwards on 08 Aug 11 no follow-up yet
Paul Merrell

The Incredible, Shrinking Presidency of Barack Obama » CounterPunch: Tells th... - 0 views

www.counterpunch.org/...ing-presidency-of-barack-obama

Obama polls stats economy Obama-failure

shared by Paul Merrell on 21 Dec 13 - No Cached
  • According to a new Washington Post-ABC poll, Barack Obama now ranks among the least popular presidents in the last century. In fact, his approval rating is lower than Bush’s was in his fifth year in office. Obama’s overall approval rating stands at a dismal 43 percent, with a full 55 percent of the public “disapproving of the way he is handling the economy”. The same percentage  of people “disapprove of the way he is handling his job as president”.  Thus, on the two main issues, leadership and the economy, Obama gets failing grades. An even higher percentage of people are upset at the way the president is implementing his signature health care system dubbed “Obamacare”.  When asked “Do you approve or disapprove of the way Obama is handling “implementation of the new health care law?” A full 62% said they disapprove, although I suspect that the anger has less to do with the plan’s “implementation” than it does with the fact that Obamacare is widely seen as a profit-delivery system for the voracious insurance industry.  Notwithstanding the administration’s impressive public relations campaign, a clear majority of people have seen through Obama’s health care ruse and given the program a big thumb’s down.
  • Of course, Obamacare is just the straw that broke the camel’s back. The list of policy disasters that preceded this latest fiasco is nearly endless,  including everything from blanket pardons for the Wall Street big-wigs who took down the global financial system, to re-upping the Bush tax cuts, to appointing a commission of deficit hawks to slash Social Security and Medicare (Bowles-Simpson), to breaking his word on Gitmo, to reneging on his promise to pass Card Check, to expanding to wars in Africa, Asia and the Middle East, to droning 4-times as many civilians as the homicidal maniac he replaced as president in 2008.
  • All told, Obama has been bad for the economy, bad for civil liberties, bad for minorities,  bad for foreign wars, and bad for health care. He has, however, been a very effective lackey-sock puppet for Wall Street, Big Pharma, the oil magnates, and the other 1% -vermin Kleptocrats who run the country and who will undoubtedly attend his $100,000-per-plate speaking engagements when he finally retires in comfort to some gated community where he’ll work on his memoirs and cash in on his 8 years of faithful service to the racketeer class.
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  • Everything has gotten worse under Obama. Everything. And, not once, in his five years as president, has this gifted and charismatic leader ever lifted a finger to help the millions of people who supported him, who believed in him, and who voted him into office. These latest poll results indicate that many of those same people are beginning to wake up and see what Obama is really all about.
  • Paul Merrell on 21 Dec 13
     
    A well-written rant from a progressive about Obama's failure as a President, supported by lots of poll results and statistics. But I find it amusing that Obama's harshest progressive critics mostly choose to view him as a failure rather than recognizing that his campaign promises and claims to be a progressive were lies. Obama has been an incredibly successful president for his real constituency, the banksters, the giant multinational corporations, the military industry, etc. Apparently it's more difficult for progressives to recognize the man for what he really stands for than to accept that they were suckered into voting for another political shyster whose real constituency are corporatist/globalist interests. They'd rather view him as a failed progressive with a still pure heart than believe that his campaign promises were lies.  But to me, Obama's behavior speaks far more loudly about his real goals than his words. 
Gary Edwards

Chilling legal memo from Obama DOJ justifies assassination of US citizens - Tea Party - 0 views

www.teaparty.org/ssassination-us-citizens-34330

shared by Gary Edwards on 09 Feb 14 - No Cached
  • Chilling legal memo from Obama DOJ justifies assassination of US citizens
  • The president’s partisan lawyers purport to vest him with the most extreme power a political leader can seize (The Guardian) – The most extremist power any political leader can assert is the power to target his own citizens for execution without any charges or due process, far from any battlefield. The Obama administration has not only asserted exactly that power in theory, but has exercised it in practice. In September 2011, it killed US citizen Anwar Awlaki in a drone strike inYemen, along with US citizen Samir Khan, and then, in circumstances that are still unexplained, two weeks later killed Awlaki’s 16-year-old American son Abdulrahman with a separate drone strike in Yemen.
  • a Washington Post article from October reported that the administration is formally institutionalizing this president’s power to decide who dies under the Orwellian title “disposition matrix”.
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  • What has made these actions all the more radical is the absolute secrecy with which Obama has draped all of this. Not only is the entire process carried out solely within the Executive branch - with no checks or oversight of any kind – but there is zero transparency and zero accountability. The president’s underlings compile their proposed lists of who should be executed, and the president – at a charming weekly event dubbed by White House aides as “Terror Tuesday” – then chooses from “baseball cards” and decrees in total secrecy who should die. The power of accuser, prosecutor, judge, jury, and executioner are all consolidated in this one man, and those powers are exercised in the dark.
  • The Most Transparent Administration Ever™ has been so fixated on secrecy that they have refused even to disclose the legal memoranda prepared by Obama lawyers setting forth their legal rationale for why the president has this power.
  • During the Bush years, when Bush refused to disclose the memoranda from his Office of Legal Counsel (OLC) that legally authorized torture, rendition, warrantless eavesdropping and the like, leading Democratic lawyers such as Dawn Johnsen (Obama’s first choice to lead the OLC) vehemently denounced this practice as a grave threat, warning that “the Bush Administration’s excessive reliance on ‘secret law’ threatens the effective functioning of American democracy” and “the withholding from Congress and the public of legal interpretations by the [OLC] upsets the system of checks and balances between the executive and legislative branches of government.”
  • But when it comes to Obama’s assassination power, this is exactly what his administration has done. It has repeatedly refused to disclose the principal legal memoranda prepared by Obama OLC lawyers that justified his kill list. It is, right now, vigorously resisting lawsuits from the New York Times and the ACLU to obtain that OLC memorandum. In sum, Obama not only claims he has the power to order US citizens killed with no transparency, but that even the documents explaining the legal rationale for this power are to be concealed. He’s maintaining secret law on the most extremist power he can assert.
  • Last night, NBC News’ Michael Isikoff released a 16-page “white paper”prepared by the Obama DOJ that purports to justify Obama’s power to target even Americans for assassination without due process (the memo is embedded in full below). This is not the primary OLC memo justifying Obama’s kill list – that is still concealed – but it appears to track the reasoning of that memo as anonymously described to the New York Times in October 2011.
  • there are numerous points that should be emphasized about the fundamentally misleading nature of this new memo:
  • 2. Creating a ceiling, not a floor
  • 1. Equating government accusations with guilt
  • 3. Relies on the core Bush/Cheney theory of a global battlefield
  • 4. Expanding the concept of “imminence” beyond recognition
  • The memo is authorizing assassinations against citizens in circumstances far beyond this understanding of “imminence”. Indeed, the memo expressly states that it is inventing “a broader concept of imminence” than is typically used in domestic law. Specifically, the president’s assassination power “does not require that the US have clear evidence that a specific attack . . . will take place in the immediate future”. The US routinely assassinates its targets not when they are engaged in or plotting attacks but when they are at home, with family members, riding in a car, at work, at funerals, rescuing other drone victims, etc.
  • “This is a chilling document” because “it argues that the government has the right to carry out the extrajudicial killing of an American citizen” and the purported limits “are elastic and vaguely defined, and it’s easy to see how they could be manipulated.”
  • 6. Making a mockery of “due process”
  • Stephen Colbert perfectly mocked this theory when Eric Holder first unveiled it to defend the president’s assassination program. At the time, Holder actually said: “due process and judicial process are not one and the same.” Colbert interpreted that claim as follows: “Trial by jury, trial by fire, rock, paper scissors, who cares?Due process just means that there is a process that you do. The current process is apparently, first the president meets with his advisers and decides who he can kill. Then he kills them.”
  • here we are almost a full decade later. And we have the current president asserting the power not merely to imprison or eavesdrop on US citizens without charges or trial, but to order them executed – and to do so in total secrecy, with no checks or oversight.
Gary Edwards

Obama's Bait and Switch: Karl Rove describes how Obama's Policies Break His Campaign P... - 0 views

online.wsj.com/...SB123621161271234665.html

financial-crisis karl-rove obama-socialism obamanomics banksters

shared by Gary Edwards on 06 Mar 09 - Cached
  • For example, Mr. Obama didn't run promising larger deficits -- but now is offering record-setting ones. He'll add $4.9 trillion before his term ends and $7.4 trillion if given a second, doubling the national debt in five years and tripling it in 10.
    • Gary Edwards
      Gary Edwards on 06 Mar 09
       
      Obama railed against the Bush deficits, accusing Bush of irresponsible stewardship. Obama promised fiscal responsibility.
  • Mr. Obama cannot dismiss critics by pointing to President George W. Bush's decision to run $2.9 trillion in deficits while fighting two wars and dealing with 9/11 and Katrina. Mr. Obama will surpass Mr. Bush's eight-year total in his first 20 months and 11 days in office, adding $3.2 trillion to the national debt. If America "cannot and will not sustain" deficits like Mr. Bush's, as Mr. Obama said during the campaign, how can Mr. Obama sustain the geometrically larger ones he's flogging?
  • Mr. Obama pledged "no tax hikes on any families earning less than a quarter million dollars." What he didn't draw attention to was $600 billion in higher energy taxes he wants to impose through a cap-and-trade system on carbon emissions. These taxes will hit everyone who drives, flips a light switch, or buys anything manufactured, grown or shipped.
  • Gary Edwards on 06 Mar 09
     
    Barack Obama won the presidency in large measure because he presented himself as a demarcation point. The old politics, he said, was based on "spin," misleading arguments, and an absence of candor. He'd "turn the page" on that style of politics. Last week's presentation of his budget shows that hope was a mirage.
Gary Edwards

20 Ways The Economy Has Gotten Worse Since Barack Obama Became President - 0 views

www.businessinsider.com/otten-worse-under-obama-2011-6

obammunism financial-collapse Federal-Reserve banksters

shared by Gary Edwards on 10 Jun 11 - No Cached
  • Gary Edwards on 10 Jun 11
     
    Wow!  Blockbuster stuff.... excerpt: Barack Obama is proving to be one of the worst presidents in all of U.S. history.  Perhaps when it is all said and done he will be recognized as the absolute worst.  Not that George W. Bush was much different.  In fact, the Republican Party will not regain much credibility with the American people until it admits that George W. Bush was an absolutely horrible president.  Sadly, the truth is that we have not had a decent president in decades.  This statement is going to upset almost everyone that is still trapped inside the false left/right political paradigm in this country, but I am not here to pander to the political establishment. Barack Obama is a horrific president. So was George W. Bush. That is the truth. Not that it is our presidents that actually run our economy.  As far as the economy is concerned, the U.S. Congress deserves as much (or more) of the blame as the executive branch does. However, if you really want to point fingers at someone, then you should place the most blame on the Federal Reserve. As I have written about previously, the Federal Reserve has more power over our economy that any other single institution.... So exactly what is the Federal Reserve?  Most people would say that it is an agency of the federal government.  But that is absolutely not true.  In fact, the Federal Reserve itself has argued in court that it is not an agency of the federal government.  Rather, the Federal Reserve is a privately-owned banking cartel that has been given a perpetual monopoly over our monetary system by the U.S. Congress.  This privately-owned central bank has been destroying the value of the U.S. dollar for decades, it has run our economy into the ground and it has driven the U.S. government to the brink of bankruptcy.  The Federal Reserve operates in great secrecy, it has never been subjected to a comprehensive audit and it is not accountable to the American people.  Yet the decisions that the Federal
Paul Merrell

Obama ordered to divulge legal basis for killing Americans with drones | Ars Technica - 0 views

arstechnica.com/...-killing-americans-with-drones

war & peace drone attacks Obama FOIA litigation targeted-killing Due-Process

shared by Paul Merrell on 24 Apr 14 - No Cached
  • The Obama administration must disclose the legal basis for targeting Americans with drones, a federal appeals court ruled Monday in overturning a lower court decision likened to "Alice in Wonderland." The Second US Circuit Court of Appeals, ruling in a Freedom of Information Act (FOIA) claim by The New York Times and the American Civil Liberties Union (ACLU), said the administration must disclose the legal rationale behind its claims that it may kill enemies who are Americans overseas.
  • The Obama administration must disclose the legal basis for targeting Americans with drones, a federal appeals court ruled Monday in overturning a lower court decision likened to "Alice in Wonderland." The Second US Circuit Court of Appeals, ruling in a Freedom of Information Act (FOIA) claim by The New York Times and the American Civil Liberties Union (ACLU), said the administration must disclose the legal rationale behind its claims that it may kill enemies who are Americans overseas. "This is a resounding rejection of the government's effort to use secrecy and selective disclosure to manipulate public opinion about the targeted killing program," ACLU Legal Director Jameel Jaffer said in an e-mail. The so-called targeted-killing program—in which drones from afar shoot missiles at buildings, cars, and people overseas—began under the George W. Bush administration. The program, which sometimes kills innocent civilians, was broadened under Obama to include the killing of Americans.
  • Government officials from Obama on down have publicly commented on the program, but they claimed the Office of Legal Counsel's memo outlining the legal rationale about it was a national security secret. The appeals court, however, said on Monday that officials' comments about overseas drone attacks means the government has waived its secrecy argument. "After senior Government officials have assured the public that targeted killings are 'lawful' and that OLC advice 'establishes the legal boundaries within which we can operate,'" the appeals court said, "waiver of secrecy and privilege as to the legal analysis in the Memorandum has occurred" (PDF). The Electronic Privacy Information Center (EPIC), which in a friend-of-the court brief urged the three-judge appeals court to rule as it did, said the decision was a boon for citizen FOIA requests. "It's very helpful. We have a number of cases, including one of our oldest FOIA cases, that involves the warrantless wiretapping memos. The basic premise is when OLC writes a legal memo and when that becomes the known basis for a program, that's the law of the executive branch and cannot be withheld," Alan Butler, EPIC's appellate counsel, said in a telephone interview.
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  • The appeals court said the memo may be redacted from revealing which government agencies are behind the attacks, although former CIA Director Leon Panetta has essentially acknowledged that agency's role. Last year, a federal judge blocked the disclosure of the memo. Judge Colleen McMahon of New York said she was ensnared in a "paradoxical situation" in which the law forbade her from ordering the memo's release: The Alice-in-Wonderland nature of this pronouncement is not lost on me; but after careful and extensive consideration, I find myself stuck in a paradoxical situation in which I cannot solve a problem because of contradictory constraints and rules—a veritable catch-22. I can find no way around the thicket of laws and precedents that effectively allow the Executive Branch of our government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws while keeping the reasons for their conclusion a secret.
  • Paul Merrell on 24 Apr 14
     
    Unless the Feds successfully seek en banc review or review by the Supreme Court, we will apparently be able to read the infamous DoJ Office of Legal Counsel explaining the legal arguments why Obama may lawfully order drone strikes on U.S. citizens inside nations with which the U.S. is not at war. Let's keep in mind that DoJ claimed that Obama has the power to do that in the U.S. too. According to the Second Circuit's opinion, the ordered disclosure includes a somewhat lengthy section arguing that 18 U.S.C. 1119 and 956 do not apply to Obama. Section 1119 provides, inter alia: "(b) Offense.- A person who, being a national of the United States, kills or attempts to kill a national of the United States while such national is outside the United States but within the jurisdiction of another country shall be punished as provided under sections 1111, 1112, and 1113." Section 956 provides in part: "(a)(1) Whoever, within the jurisdiction of the United States, conspires with one or more other persons, regardless of where such other person or persons are located, to commit at any place outside the United States an act that would constitute the offense of murder, kidnapping, or maiming if committed in the special maritime and territorial jurisdiction of the United States shall, if any of the conspirators commits an act within the jurisdiction of the United States to effect any object of the conspiracy, be punished as provided in subsection (a)(2). "(2) The punishment for an offense under subsection (a)(1) of this section is- (A) imprisonment for any term of years or for life if the offense is conspiracy to murder or kidnap; and (B) imprisonment for not more than 35 years if the offense is conspiracy to maim." There should also be a section explaining away the Constitution's Due Process Clause (protecting life, liberty, and property) and Right to Trial by Jury, as well as exempting the President from international law establishing human rights and l
Paul Merrell

U.S. surveillance architecture includes collection of revealing Internet, phone metadat... - 0 views

www.washingtonpost.com/...2-b05f-3ea3f0e7bb5a_print.html

surveillance state NSA must-read pen-register

shared by Paul Merrell on 19 Jun 13 - No Cached
  • On March 12, 2004, acting attorney general James B. Comey and the Justice Department’s top leadership reached the brink of resignation over electronic surveillance orders that they believed to be illegal. President George W. Bush backed down, halting secret foreign-intelligence-gathering operations that had crossed into domestic terrain. That morning marked the beginning of the end of STELLARWIND, the cover name for a set of four surveillance programs that brought Americans and American territory within the domain of the National Security Agency for the first time in decades. It was also a prelude to new legal structures that allowed Bush and then President Obama to reproduce each of those programs and expand their reach.What exactly STELLARWIND did has never been disclosed in an unclassified form. Which parts of it did Comey approve? Which did he shut down? What became of the programs when the crisis passed and Comey, now Obama’s expected nominee for FBI director, returned to private life?Authoritative new answers to those questions, drawing upon a classified NSA history of STELLARWIND and interviews with high-ranking intelligence officials, offer the clearest map yet of the Bush-era programs and the NSA’s contemporary U.S. operations.STELLARWIND was succeeded by four major lines of intelligence collection in the territorial United States, together capable of spanning the full range of modern telecommunications, according to the interviews and documents.
  • Two of the four collection programs, one each for telephony and the Internet, process trillions of “metadata” records for storage and analysis in systems called MAINWAY and MARINA, respectively. Metadata includes highly revealing information about the times, places, devices and participants in electronic communication, but not its contents. The bulk collection of telephone call records from Verizon Business Services, disclosed this month by the British newspaper the Guardian, is one source of raw intelligence for MAINWAY.The other two types of collection, which operate on a much smaller scale, are aimed at content. One of them intercepts telephone calls and routes the spoken words to a system called ­NUCLEON.For Internet content, the most important source collection is the PRISM project reported on June 6 by The Washington Post and the Guardian. It draws from data held by Google, Yahoo, Microsoft and other Silicon Valley giants, collectively the richest depositories of personal information in history.
  • The debate has focused on two of the four U.S.-based collection programs: PRISM, for Internet content, and the comprehensive collection of telephone call records, foreign and domestic, that the Guardian revealed by posting a classified order from the Foreign Intelligence Surveillance Court to Verizon Business Services.The Post has learned that similar orders have been renewed every three months for other large U.S. phone companies, including Bell South and AT&T, since May 24, 2006. On that day, the surveillance court made a fundamental shift in its approach to Section 215 of the Patriot Act, which permits the FBI to compel production of “business records” that are relevant to a particular terrorism investigation and to share those in some circumstances with the NSA. Henceforth, the court ruled, it would define the relevant business records as the entirety of a telephone company’s call database.The Bush administration, by then, had been taking “bulk metadata” from the phone companies under voluntary agreements for more than four years. The volume of information overwhelmed the MAINWAY database, according to a classified report from the NSA inspector general in 2009. The agency spent $146 million in supplemental counterterrorism funds to buy new hardware and contract support — and to make unspecified payments to the phone companies for “collaborative partnerships.”When the New York Times revealed the warrantless surveillance of voice calls, in December 2005, the telephone companies got nervous. One of them, unnamed in the report, approached the NSA with a request. Rather than volunteer the data, at a price, the “provider preferred to be compelled to do so by a court order,” the report said. Other companies followed suit. The surveillance court order that recast the meaning of business records “essentially gave NSA the same authority to collect bulk telephony metadata from business records that it had” under Bush’s asserted authority alone.
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  • Telephone metadata was not the issue that sparked a rebellion at the Justice Department, first by Jack Goldsmith of the Office of Legal Counsel and then by Comey, who was acting attorney general because John D. Ashcroft was in intensive care with acute gallstone pancreatitis. It was Internet metadata.At Bush’s direction, in orders prepared by David Addington, the counsel to Vice President Richard B. Cheney, the NSA had been siphoning e-mail metadata and technical records of Skype calls from data links owned by AT&T, Sprint and MCI, which later merged with Verizon.For reasons unspecified in the report, Goldsmith and Comey became convinced that Bush had no lawful authority to do that.MARINA and the collection tools that feed it are probably the least known of the NSA’s domestic operations, even among experts who follow the subject closely. Yet they probably capture information about more American citizens than any other, because the volume of e-mail, chats and other Internet communications far exceeds the volume of standard telephone calls.The NSA calls Internet metadata “digital network information.” Sophisticated analysis of those records can reveal unknown associates of known terrorism suspects. Depending on the methods applied, it can also expose medical conditions, political or religious affiliations, confidential business negotiations and extramarital affairs.What permits the former and prevents the latter is a complex set of policies that the public is not permitted to see.
  • In the urgent aftermath of Sept. 11, 2001, with more attacks thought to be imminent, analysts wanted to use “contact chaining” techniques to build what the NSA describes as network graphs of people who represented potential threats.The legal challenge for the NSA was that its practice of collecting high volumes of data from digital links did not seem to meet even the relatively low requirements of Bush’s authorization, which allowed collection of Internet metadata “for communications with at least one communicant outside the United States or for which no communicant was known to be a citizen of the United States,” the NSA inspector general’s report said.Lawyers for the agency came up with an interpretation that said the NSA did not “acquire” the communications, a term with formal meaning in surveillance law, until analysts ran searches against it. The NSA could “obtain” metadata in bulk, they argued, without meeting the required standards for acquisition.Goldsmith and Comey did not buy that argument, and a high-ranking U.S. intelligence official said the NSA does not rely on it today.As soon as surveillance data “touches us, we’ve got it, whatever verbs you choose to use,” the official said in an interview. “We’re not saying there’s a magic formula that lets us have it without having it.”
  • When Comey finally ordered a stop to the program, Bush signed an order renewing it anyway. Comey, Goldsmith, FBI Director Robert S. Mueller III and most of the senior Bush appointees in the Justice Department began drafting letters of resignation.Then-NSA Director Michael V. Hayden was not among them. According to the inspector general’s classified report, Cheney’s lawyer, Addington, placed a phone call and “General Hayden had to decide whether NSA would execute the Authorization without the Attorney General’s signature.” He decided to go along.The following morning, when Mueller told Bush that he and Comey intended to resign, the president reversed himself.Three months later, on July 15, the secret surveillance court allowed the NSA to resume bulk collection under the court’s own authority. The opinion, which remains highly classified, was based on a provision of electronic surveillance law, known as “pen register, trap and trace,” that was written to allow law enforcement officers to obtain the phone numbers of incoming and outgoing calls from a single telephone line.
  • Paul Merrell on 19 Jun 13
     
    Note particularly the mention that the FISA Court decision to throw the doors open for government snooping was based on "pen register, trap and trace" law. As suspected, now we are into territory dealt with by the Supreme Court in the pre-internet days of 1979 In Smith v. Maryland, 442 U.S. 735 (1979), More about that next, in a bookmark also tagged with "pen-register".
Gary Edwards

Obama Comes Out of the Closet and Embraces Gay Marriage « azizonomics - 0 views

azizonomics.com/...obama-embraces-gay-marriage

azonomics Liberty-in-the-breach

shared by Gary Edwards on 11 May 12 - No Cached
  • Gary Edwards on 11 May 12
     
    Good discussion about the crap being thrown at Americans, as big media bangs the drum of nonsense, and the "sturm und drang" of election politics rolls on.  What really matters is what's not being discussed; the destruction of America, American individual liberty, and our Constitutional way of life.   excerpt: It just seems like an easy issue for Obama to posture on, while trampling the Constitution into the dirt. When it comes to civil liberties, Obama has always talked a good game, and then acted more authoritarian than Bush. He talked about an end to the abuses of the Bush years and an open and transparent government, yet extended the Fourth-Amendment-shredding Patriot Act, empowered the TSA to produce naked body scans and engage in humiliatingly sexual pat-downs, signed indefinite detention of American citizens into law, claimed and exercised the power to assassinate American citizens without trial, and aggressively prosecuted whistleblowers. Under his watch the U.S. army even produced a document planning for the reeducation of political activists in internment camps. Reeducation camps? In America? And some on the left are still crowing that talking about being in favour of gay marriage makes him "pro-civil liberties"? Is this a joke? Here are a few metrics that we should be judging Obama on: People not in the labour force is spiking:
Paul Merrell

IPS - Obama's Case for Syria Didn't Reflect Intel Consensus | Inter Press Service - 0 views

www.ipsnews.net/...-didnt-reflect-intel-consensus

war & peace Syria WMD Obama lies

shared by Paul Merrell on 10 Sep 13 - No Cached
  • Contrary to the general impression in Congress and the news media, the Syria chemical warfare intelligence summary released by the Barack Obama administration Aug. 30 did not represent an intelligence community assessment, an IPS analysis and interviews with former intelligence officials reveals. The evidence indicates that Director of National Intelligence James Clapper culled intelligence analyses from various agencies and by the White House itself, but that the White House itself had the final say in the contents of the document. Leading members of Congress to believe that the document was an intelligence community assessment and thus represents a credible picture of the intelligence on the alleged chemical attack of Aug. 21 has been a central element in the Obama administration’s case for war in Syria. That part of the strategy, at least, has been successful. Despite strong opposition in Congress to the proposed military strike in Syria, no one in either chamber has yet challenged the administration’s characterisation of the intelligence. But the administration is vulnerable to the charge that it has put out an intelligence document that does not fully and accurately reflect the views of intelligence analysts. Former intelligence officials told IPS that that the paper does not represent a genuine intelligence community assessment but rather one reflecting a predominantly Obama administration influence.
  • In essence, the White House selected those elements of the intelligence community assessments that supported the administration’s policy of planning a strike against the Syrian government force and omitted those that didn’t. In a radical departure from normal practice involving summaries or excerpts of intelligence documents that are made public, the Syria chemical weapons intelligence summary document was not released by the Office of the Director of National Intelligence but by the White House Office of the Press Secretary. It was titled “Government Assessment of the Syrian Government’s Use of Chemical Weapons on August 21, 2013.” The first sentence begins, “The United States government assesses,” and the second sentence begins, “We assess”. The introductory paragraph refers to the main body of the text as a summary of “the intelligence community’s analysis” of the issue, rather than as an “intelligence community assessment”, which would have been used had the entire intelligence community endorsed the document.
  • A former senior intelligence official who asked not to be identified told IPS in an e-mail Friday that the language used by the White House “means that this is not an intelligence community document”. The former senior official, who held dozens of security classifications over a decades-long intelligence career, said he had “never seen a document about an international crisis at any classification described/slugged as a U.S. government assessment.” The document further indicates that the administration “decided on a position and cherry-picked the intelligence to fit it,” he said. “The result is not a balanced assessment of the intelligence.” Greg Thielmann, whose last position before retiring from the State Department was director of the Strategic, Proliferation and Military Affairs Office in the Bureau of Intelligence and Research, told IPS he has never seen a government document labeled “Government Assessment” either. “If it’s an intelligence assessment,” Thielmann said, “why didn’t they label it as such?”
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  • Former National Intelligence Officer Paul Pillar, who has participated in drafting national intelligence estimates, said the intelligence assessment summary released by the White House “is evidently an administration document, and the working master copy may have been in someone’s computer at the White House or National Security Council.” Pillar suggested that senior intelligence officials might have signed off on the administration paper, but that the White House may have drafted its own paper to “avoid attention to analytic differences within the intelligence community.” Comparable intelligence community assessments in the past, he observed – including the 2002 Iraq WMD estimate – include indications of differences in assessment among elements of the community. An unnamed “senior administration official” briefing the news media on the intelligence paper on Aug. 30 said that the paper was “fully vetted within the intelligence community,” and that, ”All members of the intelligence community participated in its development.”
  • But that statement fell far short of asserting that all the elements of the intelligence community had approved the paper in question, or even that it had gone through anything resembling consultations between the primary drafters and other analysts, and opportunities for agencies to register dissent that typically accompany intelligence community assessments. The same “senior administration official” indicated that DNI Clapper had “approved” submissions from various agencies for what the official called “the process”. The anonymous speaker did not explain further to journalists what that process preceding the issuance of the White House paper had involved. However, an Associated Press story on Aug. 29 referred to “a report by the Office of the Director of National Intelligence outlining the evidence against Syria”, citing two intelligence officials and two other administration officials as sources. That article suggests that the administration had originally planned for the report on intelligence to be issued by Clapper rather than the White House, apparently after reaching agreement with the White House on the contents of the paper. But Clapper’s name was not on the final document issued by the White House, and the document is nowhere to be found on the ODNI website. All previous intelligence community assessments were posted on that site.
  • The issuance of the document by the White House rather than by Clapper, as had been apparently planned, points to a refusal by Clapper to put his name on the document as revised by the White House. Clapper’s refusal to endorse it – presumably because it was too obviously an exercise in “cherry picking” intelligence to support a decision for war – would explain why the document had to be issued by the White House. Efforts by IPS to get a comment from the Office of the Director of National Intelligence suggest strongly that Clapper is embarrassed by the way the Obama White House misrepresented the Aug. 30 document.
  • An e-mail query by IPS to the media relations staff of ODNI requesting clarification of the status of the Aug. 30 document in relation to the intelligence community was never answered. In follow-up phone calls, ODNI personnel said someone would respond to the query. After failing to respond for two days, despite promising that someone would call back, however, ODNI’s media relations office apparently decided to refuse any further contact with IPS on the subject. A clear indication that the White House, rather than Clapper, had the final say on the content of the document is that it includes a statement that a “preliminary U.S. government assessment determined that 1,429 people were killed in the chemical weapons attack, including at least 426 children.” That figure, for which no source was indicated, was several times larger than the estimates given by British and French intelligence. The document issued by the White House cites intelligence that is either obviously ambiguous at best or is of doubtful authenticity, or both, as firm evidence that the Syrian government carried out a chemical weapons attack. It claims that Syrian chemical weapons specialists were preparing for such an attack merely on the basis of signals intelligence indicating the presence of one or more individuals in a particular location. The same intelligence had been regarded prior to Aug. 21 as indicating nothing out of the ordinary, as was reported by CBS news Aug. 23.
  • he paper also cites a purported intercept by U.S intelligence of conversations between Syrian officials in which a “senior official” supposedly “confirmed” that the government had carried out the chemical weapons attack. But the evidence appears to indicate that the alleged intercept was actually passed on to the United States by Israeli intelligence. U.S. intelligence officials have long been doubtful about intelligence from Israeli sources that is clearly in line with Israeli interests. Opponents of the proposed U.S. strike against Syria could argue that the Obama administration’s presentation of the intelligence supporting war is far more politicised than the flawed 2002 Iraq WMD estimate that the George W. Bush administration cited as part of the justification for the invasion of Iraq.
  • Paul Merrell on 10 Sep 13
     
    If you vote for either a Democrat or Republican for President, you are in reality voting for the War Party and it will use the same dirty tricks to start the dirty wars. Bush Administration lied to make war against Iraq. Obama lies to get us into Syria. Maybe it's time to launch a "Peace Party" that calls Dems and Repubs out for what they really are, loyal servants of the War Party.  A single issue party aimed at peeling off the the Republican and Democrat disguises from the War Partiers.    Just daydreaming. Homo sapiens have been a vicious lot as far back as archaeology can take us.  We just enhance our destructiveness as the time line moves forward. 
Paul Merrell

Spying on the president -- Obama, Merkel and the NSA | Fox News - 0 views

www.foxnews.com/...president-obama-merkel-and-nsa

shared by Paul Merrell on 01 Nov 13 - No Cached
  • When German Chancellor Angela Merkel celebrated the opening of the new U.S. embassy in Berlin in 2008, she could not have imagined that she was blessing the workplace for the largest and most effective gaggle of American spies anywhere outside of the U.S. It seems straight out of a grade-B movie, but it has been happening for the past eleven years: The NSA has been using Merkel as an instrument to spy on the president of the United States.  We now know that the NSA has been listening to and recording Merkel’s cellphone calls since 2002. 
  • In 2008, when the new embassy opened, the NSA began using more sophisticated techniques that included not only listening, but also following her.  Merkel uses her cellphone more frequently than her landline, and she uses it to communicate with her husband and family members, the leadership of her political party, and her colleagues and officials in the German government. She also uses her cellphone to speak with foreign leaders, among whom have been President George W. Bush and President Obama. 
  • Thus, the NSA -- which Bush and Obama have unlawfully and unconstitutionally authorized to obtain and retain digital copies of all telephone conversations, texts and emails of everyone in the U.S., as well as those of hundreds of millions of persons in Europe and Latin America -- has been listening to the telephone calls of both American presidents whenever they have spoken with the chancellor.
  • ...3 more annotations...
  • Obama apparently has no such revulsion. One would think he’s not happy that his own spies have been listening to him.  One would expect that he would have known of this.  Not from me, says Gen. Keith Alexander, the director of the NSA, who disputed claims in the media that he told Obama of the NSA spying network in Germany last summer.  Either the president knew of this and has denied it, or he is invincibly ignorant of the forces he has unleashed on us and on himself.
  • One can only imagine what NSA agents learned from listening to Bush and Obama as they spoke to Merkel and 34 other friendly foreign leaders, as yet unidentified publicly. Now we know how pervasive this NSA spying is: It not only reaches the Supreme Court, the Pentagon, the CIA, the local police and the cellphones and homes of all Americans; it reaches the Oval Office itself. Yet when the president denies that he knows of this, that denial leads to more questions. The president claims he can start secret foreign wars using the CIA, secretly kill Americans using drones, and now secretly spy on anyone anywhere using the NSA. 
  • Is the president an unwitting dupe to a secret rats’ nest of uncontrolled government spies and killers?  Or is he a megalomaniacal, totalitarian secret micromanager who lies regularly, consistently and systematically about the role of government in our lives? Which is worse? What do we do about it?
  • Paul Merrell on 01 Nov 13
     
    Judge Napolitano raises an interesting point: Did Barack Obama realize that his conversations with 35 foreign national leaders were being wiretapped? General Alexander says not. 
Gary Edwards

President Obama has been a disaster for civil liberties - latimes.com - 1 views

www.latimes.com/...rties-20110929,0,1036069.story

Obammunism Civil-Liberties Jonathan-Turley

shared by Gary Edwards on 29 Sep 11 - No Cached
  • Historically, this country has tended to correct periods of heightened police powers with a pendulum swing back toward greater individual rights. Many were questioning the extreme measures taken by the Bush administration, especially after the disclosure of abuses and illegalities.
  • Candidate Obama capitalized on this swing and portrayed himself as the champion of civil liberties.
  • However, President Obama not only retained the controversial Bush policies, he expanded on them.
  • ...7 more annotations...
  • Obama failed to close Guantanamo Bay as promised.
  • He continued warrantless surveillance and military tribunals that denied defendants basic rights.
  • He asserted the right to kill U.S. citizens he views as terrorists
  • His administration has fought to block dozens of public-interest lawsuits challenging privacy violations and presidential abuses.
  • Ironically, had Obama been defeated in 2008, it is likely that an alliance for civil liberties might have coalesced and effectively fought the government's burgeoning police powers.
  • A Gallup poll released this week shows 49% of Americans, a record since the poll began asking this question in 2003, believe that "the federal government poses an immediate threat to individuals' rights and freedoms."
  • the election of Barack Obama may stand as one of the single most devastating events in our history for civil liberties.
  • Gary Edwards on 29 Sep 11
     
    With the 2012 presidential election before us, the country is again caught up in debating national security issues, our ongoing wars and the threat of terrorism. There is one related subject, however, that is rarely mentioned: civil liberties. Protecting individual rights and liberties - apart from the right to be tax-free - seems barely relevant to candidates or voters. One man is primarily responsible for the disappearance of civil liberties from the national debate, and he is Barack Obama. While many are reluctant to admit it, Obama has proved a disaster not just for specific civil liberties but the civil liberties cause in the United States.
Gary Edwards

Welcome to Post-Constitution America - Peter Van Buren - 0 views

www.filmsforaction.org/...me_to_postconstitution_america

NSA-Patriot-Act-NDAA NSA-Whistleblower post-Constitutional-America Peter-Van-Buren

shared by Gary Edwards on 11 Aug 13 - No Cached
  • On July 30, 1778, the Continental Congress created the first whistleblower protection law, stating “that it is the duty of all persons in the service of the United States to give the earliest information to Congress or other proper authority of any misconduct, frauds, or misdemeanors committed by any officers or persons in the service of these states.”
  • Two hundred thirty-five years later, on July 30, 2013, Bradley Manning was found guilty on 20 of the 22 charges for which he was prosecuted, specifically for “espionage” and for videos of war atrocities he released, but not for “aiding the enemy.”
  • Days after the verdict, with sentencing hearings in which Manning could receive 136 years of prison time ongoing, the pundits have had their say. The problem is that they missed the most chilling aspect of the Manning case: the way it ushered us, almost unnoticed, into post-Constitutional America.
  • ...22 more annotations...
  • As at Guantanamo, rules of evidence reaching back to early
  • During the months of the trial, the U.S. military refused to release official transcripts of the proceedings. Even a private courtroom sketch artist was barred from the room. Independent journalist and activist Alexa O’Brien then took it upon herself to attend the trial daily, defy the Army, and make an unofficial record of the proceedings by hand. Later in the trial, armed military police were stationed behind reporters listening to testimony. Above all, the feeling that Manning’s fate was predetermined could hardly be avoided. After all, President Obama, the former Constitutional law professor, essentially proclaimed him guilty back in 2011 and the Department of Defense didn’t hesitate to state more generally that “leaking is tantamount to aiding the enemies of the United States.”
  • And so to Bradley Manning. As the weaponry and technology of war came home, so did a new, increasingly Guantanamo-ized definition of justice. This is one thing the Manning case has made clear. As a start, Manning was treated no differently than America’s war-on-terror prisoners at Guantanamo and the black sites that the Bush administration set up around the world. Picked up on the “battlefield,” Manning was first kept incommunicado in a cage in Kuwait for two months with no access to a lawyer. Then, despite being an active duty member of the Army, he was handed over to the Marines, who also guard Guantanamo, to be held in a military prison in Quantico, Virginia. What followed were three years of cruel detainment, where, as might well have happened at Gitmo, Manning, kept in isolation, was deprived of clothing, communications, legal advice, and sleep. The sleep deprivation regime imposed on him certainly met any standard, other than Washington’s and possibly Pyongyang’s, for torture. In return for such abuse, even after a judge had formally ruled that he was subjected to excessively harsh treatment, Manning will only get a 112-day reduction in his eventual sentence. Eventually the Obama administration decided Manning was to be tried as a soldier before a military court. In the courtroom, itself inside a military facility that also houses NSA headquarters, there was a strikingly gulag-like atmosphere.  His trial was built around secret witnesses and secret evidence; severe restrictions were put on the press -- the Army denied press passes to 270 of the 350 media organizations that applied; and there was a clear appearance of injustice. Among other things, the judge ruled against nearly every defense motion.
  • “What constitutes due process in this case is a due process in war.”
  • Given all this, it is small comfort to know that Manning, nailed on the Espionage Act after multiple failures in other cases by the Obama administration, was not convicted of the extreme charge of “aiding the enemy.”
  • Obama administration lawyers went on to claim the legal right to execute U.S. citizens without trial or due process and have admitted to killing four Americans. Attorney General Eric Holder declared that “United States citizenship alone does not make such individuals immune from being targeted.”
  • As if competing for an Orwellian prize, an unnamed Obama administration official told the Washington Post,
  • English common law were turned upside down. In Manning’s case, he was convicted of espionage, even though the prosecution did not have to prove either his intent to help another government or that harm was caused; a civilian court had already paved the way for such a ruling in another whistleblower case. In addition, the government was allowed to label Manning a “traitor” and an “anarchist” in open court, though he was on trial for neither treason nor anarchy.
  • Similarly, full-spectrum spying is not considered to violate the Fourth Amendment and does not even require probable cause.
  • Justice can be twisted and tangled into an almost unrecognizable form and then used to send a young man to prison for decades.
  • Government officials concerned over possible wrongdoing in their departments or agencies who “go through proper channels” are fired or prosecuted.
  • Government whistleblowers are commanded to return to face justice, while law-breakers in the service of the government are allowed to flee justice. CIA officers who destroy evidence of torture go free, while a CIA agent who blew the whistle on torture is locked up.
  • Thanks to the PATRIOT Act, citizens, even librarians, can be served by the FBI with a National Security Letter (not requiring a court order) demanding records and other information, and gagging them from revealing to anyone that such information has been demanded or such a letter delivered.
  • Citizens may be held without trial, and denied their Constitutional rights as soon as they are designated “terrorists.” Lawyers and habeas corpus are available only when the government allows.
  • The war on whistleblowers is metastasizing into a war on the First Amendment.
  • People may now be convicted based on secret testimony by unnamed persons.
  • Military courts and jails can replace civilian ones.
  • An Obama administration Insider Threat Program requires federal employees (including the Peace Corps) to report on the suspicious behavior of coworkers.
  • Claiming its actions lawful while shielding the “legal” opinions cited, often even from Congress, the government can send its drones to assassinate its own citizens.
  • One by one, the tools and attitudes of the war on terror, of a world in which the “gloves” are eternally off, have come home.
  • The comic strip character Pogo’s classic warning -- “We have met the enemy and he is us” -- seems ever less like a metaphor.
  • According to the government, increasingly we are now indeed their enemy.
  • Gary Edwards on 11 Aug 13
     
    Well written and researched article describing what it means to live in a post-Constitutional America.  Chilling facts with a cold but obvious conclusion.
Paul Merrell

Obama to Offer Proposal for War on Islamic State, Senators Say - Businessweek - 0 views

www.businessweek.com/...-on-islamic-state-senators-say

war & peace ISIL Obama war-powers-resolution

shared by Paul Merrell on 14 Jan 15 - No Cached
  • President Barack Obama told congressional leaders he will propose terms for a measure authorizing U.S. military force against Islamic State, two top Republicans said following a White House meeting today.
  • A debate over efforts to defeat Islamic State would reopen tension over the president’s authority to conduct military operations and uneasiness among some lawmakers -- mostly Obama’s fellow Democrats -- about being drawn into open-ended conflicts and ground combat.
  • A White House statement said Obama “committed to working with members of both parties” on an authorization “that Congress can pass to show the world America stands united against ISIL,” an acronym for Islamic State’s former name. Congressional leaders of both parties met with Obama today for about an hour, the first such meeting since Congress opened its new session this month with Republicans in control of both chambers for the first time in eight years.
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  • A debate over authorizing military force against Islamic State could put Republican senators considering a run for the White House in 2016 in a tricky position. Among them are Ted Cruz of Texas, Rand Paul of Kentucky and Marco Rubio of Florida. Last week’s attacks in Paris, including the murder of journalists at Charlie Hebdo, a satirical newspaper, brought the threat posed by Islamic extremists back into the spotlight.
  • Boehner, like many fellow Republicans, has criticized the president as lacking a clear strategy to defeat Islamic State. He urged Obama today to send the authorization request and said Republicans will work to build bipartisan support for its enactment, according to the speaker’s office. “There’s consensus both up here and at the White House that we need one,” South Dakota Senator John Thune, the chamber’s third-ranking Republican, told reporters following the meeting
  • Passing such an authorization could help smooth the way for confirmation of Ashton Carter, Obama’s nominee to become defense secretary, Thune said. “Getting that, kind of, elephant out of the room and dealing with that issue might clear the deck for some other foreign policy, national security issues to move as well,” he said.
  • The Senate Foreign Relations Committee in December approved a draft authorization, written by Democrats, that would have imposed a three-year limit and banned “large-scale U.S. ground combat operations.” The restrictions reflect the position of many Democrats who said they regret the open-ended 2001 Authorization for Use of Military Force that Congress gave President George W. Bush following the Sept. 11 attacks by al-Qaeda. Kerry’s Conditions In December, Secretary of State John Kerry told the Senate panel that the administration would support a three-year time limit but wanted the measure to include an option for the next president to extend the authorization if necessary. He also said that authorization to target Islamic State and its affiliates shouldn’t be limited to Iraq and Syria because “it would be a mistake to advertise” to the group that it has “safe havens” elsewhere. Kerry also resisted language that would limit combat operations, saying Congress shouldn’t “pre-emptively bind the hands” of the president in case of unforeseen circumstances. He cited Obama’s assurances that he won’t send U.S. forces into ground combat.
  • Paul Merrell on 14 Jan 15
     
    The War Party is on the march. According to USA Today: "White House spokesman Shawn Turner said bipartisan leaders in Congress expressed interest in a new authorization "that provides a clear signal of support for our ongoing military operations" against the Islamic State. "At the request of bipartisan members present at today's meeting, the White House will continue to work with the congressional leaders on the details of that language, and we look forward to sharing a draft with Congress that reflects their bipartisan input," he said. "Obama will deliver his State of the Union address on Jan. 20, where he is likely to address the changing nature of the war on terror." http://www.usatoday.com/story/news/politics/2015/01/13/aumf-congress-obama/21706459/
Gary Edwards

The Europeanization of America - WSJ.com Pete Dupont - 0 views

online.wsj.com/...SB122504438328069963.html

politics obama socialism pete-dupont

shared by Gary Edwards on 29 Oct 08 - Cached
  • Gary Edwards on 29 Oct 08
     
    So where is the new Obama administration likely to take us? Seven things seem certain: The U.S. military will withdraw from Iraq quickly and substantially, regardless of conditions on the ground or the obvious consequence of emboldening terrorists there and around the globe. Protectionism will become our national trade policy; free trade agreements with other nations will be reduced and limited. Income taxes will rise on middle- and upper-income people and businesses, and individuals will pay much higher Social Security taxes, all to carry out the new president's goals of "spreading the wealth around." Federal government spending will substantially increase. The new Obama proposals come to more than $300 billion annually, for education, health care, energy, environmental and many other programs, in addition to whatever is needed to meet our economic challenges. Mr. Obama proposes more than a 10% annual spending growth increase, considerably higher than under the first President Bush (6.7%), Bill Clinton (3.3%) or George W. Bush (6.4%). Federal regulation of the economy will expand, on everything from financial management companies to electricity generation and personal energy use. The power of labor unions will substantially increase, beginning with repeal of secret ballot voting to decide on union representation. Free speech will be curtailed through the reimposition of the Fairness Doctrine to limit the conservative talk radio that so irritates the liberal establishment. These policy changes will be the beginning of the Europeanization of America.
Paul Merrell

Fellow soldiers call Bowe Bergdahl a deserter, not a hero - CNN.com - 0 views

www.cnn.com/...bergdahl-deserter-or-hero

war & peace MSM defamation Bergdahl

shared by Paul Merrell on 04 Jun 14 - No Cached
  • The sense of pride expressed by officials of the Obama administration at the release of Army Sgt. Bowe Bergdahl is not shared by many of those who served with him: veterans and soldiers who call him a deserter whose "selfish act" ended up costing the lives of better men.
  • Paul Merrell on 04 Jun 14
     
    I've been disgusted with American mainstream media and our political class for a very long time. Every now and then I get super-disgusted.  I'll begin with the Obama Administration. They tried to make political hay with something that should not have been made public other than notifying the released American prisoners' parents before the prisoner had been debriefed. Moreover, while I have no problems with swapping Taliban prisoners to get the American prisoner back even if it meant not giving Congress the full 30-day notice required by statute, the Administration certainly could have done a better job of it, notifying key committee members earlier that the deal might be pulled off. Waiting until the Taliban prisoners were up to the steps of the airplane bound for the exchange was not the way this should have happened. Next up, we have the members of Congress who have done their level best to turn the situation into a partisan issue. Obama may have deserved criticism given that he tried to make political hay with the release. But prisoner swaps during wartime have been a feature of most U.S. wars. It is an ancient custom of war and procedures for doing so are even enshrined in the Geneva Conventions governing warfare. So far, I have not heard any war veteran member of Congress scream about releasing terrorists. During my 2+ years in a Viet Nam combat role, the thought of being captured was horrifying. Pilots shot down over North Viet Nam were the lucky ones. No American soldier captured in South Viet Nam was ever released. The enemy was fighting a guerrilla war in the South. They had no means to confine and care for prisoners. So captured American troops were questioned for intelligence and then killed.  Truth be told, American combat troops were prone to killing enemy who surrendered. War is a very ugly situation and feelings run high. It is perhaps a testament to the Taliban that they kept Sgt. Berdahl alive. Certainly that fact clashes irreconcilably with
Gary Edwards

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

www.washingtonexaminer.com/...2613988

Byron-York Trump-Immigration-Order

shared by Gary Edwards on 06 Feb 17 - No Cached
  • Gary Edwards on 06 Feb 17
     
    "James Robart, the U.S. district judge in Washington State, offered little explanation for his decision to stop President Trump's executive order temporarily suspending non-American entry from seven terror-plagued countries. Robart simply declared his belief that Washington State, which in its lawsuit against Trump argued that the order is both illegal and unconstitutional, would likely win the case when it is tried. Now the government has answered Robart, and unlike the judge, Justice Department lawyers have produced a point-by-point demolition of Washington State's claims. Indeed, for all except the most partisan, it is likely impossible to read the Washington State lawsuit, plus Robart's brief comments and writing on the matter, plus the Justice Department's response, and not come away with the conclusion that the Trump order is on sound legal and constitutional ground. Beginning with the big picture, the Justice Department argued that Robart's restraining order violates the separation of powers, encroaches on the president's constitutional and legal authority in the areas of foreign affairs, national security, and immigration, and "second-guesses the president's national security judgment" about risks faced by the United States. Indeed, in court last week, Robart suggested that he, Robart, knows as much, or perhaps more, than the president about the current state of the terrorist threat in Yemen, Somalia, Libya, and other violence-plagued countries. In an exchange with Justice Department lawyer Michelle Bennett, Robart asked, "How many arrests have there been of foreign nationals for those seven countries since 9/11?" "Your Honor, I don't have that information," said Bennett. "Let me tell you," said Robart. "The answer to that is none, as best I can tell. So, I mean, you're here arguing on behalf of someone [President Trump] that says: We have to protect the United States from these individuals coming from these countries, and there's no support for that."
Paul Merrell

The White House Has Been Covering Up the Presidency's Role in Torture for Years - The I... - 0 views

firstlook.org/...esidencys-role-torture-4-years

war & peace torture CIA Obama-coverup Bush-II Senate-Intelligence-Committee ACLU FOIA war crimes

shared by Paul Merrell on 15 Mar 14 - No Cached
  • On May 10, 2013, John Brennan presented CIA’s response to the Senate Intelligence Committee Torture Report to the President. Official White House Photo by Pete Souza. The fight between the CIA and the Senate Intelligence Committee over the Committee’s Torture Report – which Dan Froomkin covered here – has now zeroed in on the White House. Did the White House order the CIA to withdraw 920 documents from a server made available to Committee staffers, as Senator Dianne Feinstein says the agency claimed in 2010? Were those documents – perhaps thousands of them – pulled in deference to a White House claim of executive privilege, as Senator Mark Udall and then CIA General Counsel Stephen Preston suggested last fall? And is the White House continuing to withhold 9,000 pages of documents without invoking privilege, as McClatchy reported yesterday? We can be sure about one thing: The Obama White House has covered up the Bush presidency’s role in the torture program for years. Specifically, from 2009 to 2012, the administration went to extraordinary lengths to keep a single short phrase, describing President Bush’s authorization of the torture program, secret.
  • As Steven Aftergood, director of the Federation of American Scientists Project on Government Secrecy, noted  in 2009 – shortly after Hayden revealed that torture started as a covert operation – this means there should be a paper trail implicating President Bush in the torture program. “[T]here should be a Presidential ‘finding’ authorizing the program,” he said, “and [] such a finding should have been provided to Congressional overseers.” The National Security Act dictates that every covert operation must be supported by a written declaration finding that the action is necessary and important to the national security. The Congressional Intelligence committees – or at least the Chair and Ranking Member – should receive notice of the finding. But there is evidence that those Congressional overseers were never told that the finding the president signed on September 17, 2001 authorized torture. For example, a letter from then ranking member of the House Intelligence Committee, Jane Harman, to the CIA’s General Counsel following her first briefing on torture asked: “Have enhanced techniques been authorized and approved by the President?” The CIA’s response at the time was simply that “policy as well as legal matters have been addressed within the Executive Branch.”
  • Nevertheless, the finding does exist. The CIA even disclosed its existence in response to the ACLU FOIA, describing it as “a 14-page memorandum dated 17 September 2001 from President Bush to the Director of the CIA pertaining to the CIA’s authorization to detain terrorists.” In an order in the ACLU suit, Judge Alvin K. Hellerstein confirmed that the declaration was “intertwined with” the administration’s effort to keep the language in the Tenet document hidden. When the administration succeeded in keeping that short phrase secret, all effort to release the declaration also ended.
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  • The White House’s fight to keep the short phrase describing Bush’s authorization of the torture program hidden speaks to its apparent ambivalence over the torture program. Even after President Obama released the DOJ memos authorizing torture – along with a damning CIA Inspector General Report and a wide range of documents revealing bureaucratic discussions within the CIA about torture – the White House still fought the release of the phrase that would have made it clear that the CIA conducted this torture at the order of the president. And it did so with a classified declaration from Jones that would have remained secret had Judge Hellerstein not insisted it be made public. As Aftergood noted, such White House intervention in a FOIA suit is rare. “The number of times that a national security advisor has filed a declaration in a FOIA lawsuit is vanishingly small,” he said. “It almost never happens.” But as ACLU Deputy Legal Director Jameel Jaffer noted of the finding, “It was the original authority for the CIA’s secret prisons and for the agency’s rendition and torture program, and apparently it was the authority for the targeted killing program as well.  It was the urtext.  It’s remarkable that after all this time it’s still secret.”
  • Enduring confusion about this particular finding surely exists because of its flexible nature. As Bob Woodward described in Bush at War, CIA Director Tenet asked President Bush to sign “a broad intelligence order permitting the CIA to conduct covert operations without having to come back for formal approval for each specific operation.” As Jane Mayer described in The Dark Side, such an order not only gave the CIA flexibility, it also protected the President. “To give the President deniability, and to keep him from getting his hands dirty, the finding called for the President to delegate blanket authority to Tenet to decide on a case-by-case basis whom to kill, whom to kidnap, whom to detain and interrogate, and how.” When George Tenet signed written guidelines for the CIA’s torture program in 2003, however, he appeared to have deliberately deprived the President of that deniability by including the source of CIA’s authorization – presumably naming the President – in a document interrogators would see. You can’t blame the CIA Director, after all; Tenet signed the Guidelines just as CIA’s Inspector General and DOJ started to review the legality of the torture tactics used against detainees like Abd al-Rahim al-Nashiri, who was threatened with a drill and a gun in violation of DOJ’s ban on mock executions.
  • President Obama’s willingness to go to such lengths to hide this short phrase may explain the White House’s curious treatment of potentially privileged documents with the Senate now – describing President Bush’s authorization of the torture program and its seemingly contradictory stance supporting publishing the Torture Report while thwarting its completion by withholding privileged documents. After all, the documents in question, like the reference to the presidential finding, may deprive the President of plausible deniability. Furthermore, those documents may undermine one of the conclusions of the Torture Report. According to Senator Ron Wyden, the Senate Torture Report found that “the CIA repeatedly provided inaccurate information about its interrogation program to the White House.” Perhaps the documents reportedly withheld by the White House undermine this conclusion, and instead show that the CIA operated with the full consent and knowledge of at least some people within the White House. Finally, the White House’s sensitivity about documents involved in the torture program may stem from the structure of the finding. As John Rizzo made clear, the finding authorizes not just torturing, but killing, senior al Qaeda figures. Bob Woodward even reported that that CIA would carry out that killing using Predator drones, a program CIA still conducts. And in fact, when the Second Circuit ultimately ruled to let the White House to keep the authorization phrase secret, it did so because the phrase also relates to “a highly classified, active intelligence activity” and “pertains to intelligence activities unrelated to the discontinued [torture] program.” Given what we know about the September 17, 2001 finding, that may well refer to President Obama’s still active drone program.
  • In any case, the White House’s seemingly contradictory statements about the Torture Report might best be understood by its past treatment of CIA documents. By releasing the DOJ memos and other materials, the White House provided what seemed to be unprecedented transparency about what the CIA had done. But all the while it was secretly hiding language describing what the White House has done.
  • Paul Merrell on 15 Mar 14
     
    See also U.N. Convention Against Torture, which the U.S. is a party to. http://www.un.org/documents/ga/res/39/a39r046.htm
Paul Merrell

The Untouchables: How the Obama administration protected Wall Street from prosecutions ... - 0 views

www.guardian.co.uk/...wall-street-prosecutions-obama

Obama Banksters financial-crisis financial-collapse Federal-Reserve-Bankster-Cartel financial-oligarchs

shared by Paul Merrell on 24 Jan 13 - No Cached
  • PBS' Frontline program on Tuesday night broadcast a new one-hour report on one of the greatest and most shameful failings of the Obama administration: the lack of even a single arrest or prosecution of any senior Wall Street banker for the systemic fraud that precipitated the 2008 financial crisis: a crisis from which millions of people around the world are still suffering. What this program particularly demonstrated was that the Obama justice department, in particular the Chief of its Criminal Division, Lanny Breuer, never even tried to hold the high-level criminals accountable. What Obama justice officials did instead is exactly what they did in the face of high-level Bush era crimes of torture and warrantless eavesdropping: namely, acted to protect the most powerful factions in the society in the face of overwhelming evidence of serious criminality. Indeed, financial elites were not only vested with immunity for their fraud, but thrived as a result of it, even as ordinary Americans continue to suffer the effects of that crisis.
  • Worst of all, Obama justice officials both shielded and feted these Wall Street oligarchs (who, just by the way, overwhelmingly supported Obama's 2008 presidential campaign) as they simultaneously prosecuted and imprisoned powerless Americans for far more trivial transgressions. As Harvard law professor Larry Lessig put it two weeks ago when expressing anger over the DOJ's persecution of Aaron Swartz: "we live in a world where the architects of the financial crisis regularly dine at the White House." (Indeed, as "The Untouchables" put it: while no senior Wall Street executives have been prosecuted, "many small mortgage brokers, loan appraisers and even home buyers" have been).
Paul Merrell

Court Rebukes White House Over "Secret Law" - Secrecy News - 1 views

blogs.fas.org/...ppd-secret-law

Obama Obama-administration transparency government secrecy FOIA litigation

shared by Paul Merrell on 18 Dec 13 - No Cached
  • DC District Judge Ellen Segal Huvelle yesterday ordered the Obama Administration to release a copy of an unclassified presidential directive, and she said the attempt to withhold it represented an improper exercise of “secret law.” The Obama White House has a “limitless” view of its authority to withhold presidential communications from the public, she wrote, but that view is wrong. “The government appears to adopt the cavalier attitude that the President should be permitted to convey orders throughout the Executive Branch without public oversight– to engage in what is in effect governance by ‘secret law’,” Judge Huvelle wrote in her December 17 opinion. “The Court finds equally troubling the government’s complementary suggestion that ‘effective’ governance requires that a President’s substantive and non-classified directives to Executive Branch agencies remain concealed from public scrutiny,” she wrote.
  • The directive in question, Presidential Policy Directive (PPD) 6, “is a widely-publicized, non-classified Presidential Policy Directive on issues of foreign aid and development that has been distributed broadly within the Executive Branch and used by recipient agencies to guide decision-making,” the Judge noted. “Even though issued as a directive, the PPD-6 carries the force of law as policy guidance to be implemented by recipient agencies, and it is the functional equivalent of an Executive Order.” “Never before has a court had to consider whether the [presidential communications] privilege protects from disclosure under FOIA a final, non-classified, presidential directive.”
  • Several significant points emerge from this episode. First, President Obama’s declared commitment to “creating an unprecedented level of openness in Government” has not been internalized even by the President’s own staff. This latest case of “unbounded” secrecy cannot be blamed on the CIA or an overzealous Justice Department attorney. It is entirely an Obama White House production, based on a White House policy choice. Second, and relatedly, it has proved to be an error to expect the executive branch to unilaterally impose transparency on itself. To do so is to ignore, or to wish away, the Administration’s own conflicting interests in secrecy and disclosure.  Instead, it is the role of the other branches of government to check the executive and to compel appropriate disclosure.
  • ...3 more annotations...
  • Significantly, Judge Huvelle insisted on examining the document herself in camera instead of simply relying on the Administration’s characterization of the document.  Having done so, she found that it “is not ‘revelatory of the President’s deliberations’ such that its public disclosure would undermine future decision-making.” She criticized the government for “the unbounded nature” of its claim. “In the government’s view, it can shield from disclosure under FOIA any presidential communication, even those — like the PPD-6 — that carry the force of law, simply because the communication originated with the President…. The Court rejects the government’s limitless approach….”
  • An official Fact Sheet on PPD-6 (which has not yet been released) is available here. The Electronic Privacy Information Center is currently pursuing release of another presidential directive, the Bush Administration’s NSPD-54 on cyber security. In October, Judge Beryl Howell unexpectedly ruled that that directive was exempt from disclosure because, she said, it was not an “agency record” that would be subject to the FOIA.  Her opinion came as a surprise and was not persuasive to everyone. In a footnote in yesterday’s ruling, Judge Huvelle said that the arguments over the two directives were sufficiently distinguishable that “this Court need not decide if it will follow Judge Howell’s rationale”– suggesting that if pressed, she might not have done so.  Yesterday, EPIC filed a notice of its intent to appeal the decision.
  • DC District Judge Ellen Segal Huvelle yesterday ordered the Obama Administration to release a copy of an unclassified presidential directive, and she said the attempt to withhold it represented an improper exercise of “secret law.” The Obama White House has a “limitless” view of its authority to withhold presidential communications from the public, she wrote, but that view is wrong. “The government appears to adopt the cavalier attitude that the President should be permitted to convey orders throughout the Executive Branch without public oversight– to engage in what is in effect governance by ‘secret law’,” Judge Huvelle wrote in her December 17 opinion. “The Court finds equally troubling the government’s complementary suggestion that ‘effective’ governance requires that a President’s substantive and non-classified directives to Executive Branch agencies remain concealed from public scrutiny,” she wrote.
  • Paul Merrell on 18 Dec 13
     
    Outrageous. I read the court's opinion. This happened only because: [i] federal judges are reluctant to impose sanctions on government attorneys; and [ii] government attorneys know that. In all my years of legal practice, I read only one court opinion where an assistant U.S. attorney was sanctioned and instead of the normal sanction of paying the other side's attorney fees and expenses of litigation, the judge just awarded a $500 sanction. That is also why litigating against the Feds is such a chore; you spend half your time shooting down blatantly implausible arguments. That's far less of a problem when facing attorneys who are in private practice. But so much for Obama's "transparency" platform; this was the result of the Obama Administration itself asserting a preposterous privilege claim supported only by ridiculous arguments, no more than a delaying action.  
Gary Edwards

Oliver Stone : 'US has become an Orwellian state' - RT - 0 views

rt.com/...oliver-stone-us-orwellian-022

Oliver-Stone Globalists Banksters TV-Series

shared by Gary Edwards on 29 Dec 12 - No Cached
  • Gary Edwards on 29 Dec 12
     
    Interview with Oliver Stone and author Peter Kuznick.  They answer questions related to Oliver Stone's "Show Time" television series, "The Untold History of the United States".  Good stuff - essential information for anyone seeking to understand why the US Constitution and the principles of individual liberty as defined in the Declaration of Independence are being disregarded and discarded by the ruling elites.  The final stages of the New World Feudalism, er "Order", are now unfolding.  Right before our eyes.  And we seem helpless bystanders as the Globalist cabal of banksters, corporatists and ruling elites make their final assault on the world's last best hope for individual liberty. "Americans are living in an Orwellian state argue Academy Award-winning director Oliver Stone and historian Peter Kuznick, as they sit down with RT to discuss US foreign policy and the Obama administration's disregard for the rule of law. Both argue that Obama is a wolf in sheep's clothing and that people have forgiven him a lot because of the "nightmare of the Bush presidency that preceded him." "He has taken all the Bush changes he basically put them into the establishment, he has codified them," Stone told RT. "It is an Orwellian state. It might not be oppressive on the surface, but there is no place to hide. Some part of you is going to end up in the database somewhere." According to Kuznick, American citizens live in a fish tank where their government intercepts more than 1.7 billion messages a day. "That is email, telephone calls, other forms of communication." RT's Abby Martin in the program Breaking the Set discusses the Showtime film series and book titled The Untold History of the United States co-authored by Oliver Stone and Peter Kuznick. "Obama was a great hope for change""
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