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Paul Merrell

The CIA Just Declassified the Document That Supposedly Justified the Iraq Invasion | VI... - 0 views

news.vice.com/...ly-justified-the-iraq-invasion

war & peace Bush2 Iraq-War lies NIE FOIA declassification

shared by Paul Merrell on 23 Mar 15 - No Cached
  • Thirteen years ago, the intelligence community concluded in a 93-page classified document used to justify the invasion of Iraq that it lacked "specific information" on "many key aspects" of Iraqi President Saddam Hussein's weapons of mass destruction (WMD) programs.But that's not what top Bush administration officials said during their campaign to sell the war to the American public. Those officials, citing the same classified document, asserted with no uncertainty that Iraq was actively pursuing nuclear weapons, concealing a vast chemical and biological weapons arsenal, and posing an immediate and grave threat to US national security. Congress eventually concluded that the Bush administration had "overstated" its dire warnings about the Iraqi threat, and that the administration's claims about Iraq's WMD program were "not supported by the underlying intelligence reporting." But that underlying intelligence reporting — contained in the so-called National Intelligence Estimate (NIE) that was used to justify the invasion — has remained shrouded in mystery until now.
  • The CIA released a copy of the NIE in 2004 in response to a Freedom of Information Act (FOIA) request, but redacted virtually all of it, citing a threat to national security. Then last year, John Greenewald, who operates The Black Vault, a clearinghouse for declassified government documents, asked the CIA to take another look at the October 2002 NIE to determine whether any additional portions of it could be declassified.The agency responded to Greenewald this past January and provided him with a new version of the NIE, which he shared exclusively with VICE News, that restores the majority of the prewar Iraq intelligence that has eluded historians, journalists, and war critics for more than a decade. (Some previously redacted portions of the NIE had previously been disclosed in congressional reports.)
  • For the first time, the public can now read the hastily drafted CIA document [pdf below] that led Congress to pass a joint resolution authorizing the use of military force in Iraq, a costly war launched March 20, 2003 that was predicated on "disarming" Iraq of its (non-existent) WMD, overthrowing Saddam Hussein, and "freeing" the Iraqi people.A report issued by the government funded think-tank RAND Corporation last December titled "Blinders, Blunders and Wars" said the NIE "contained several qualifiers that were dropped…. As the draft NIE went up the intelligence chain of command, the conclusions were treated increasingly definitively."
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  • Thirteen years ago, the intelligence community concluded in a 93-page classified document used to justify the invasion of Iraq that it lacked "specific information" on "many key aspects" of Iraqi President Saddam Hussein's weapons of mass destruction (WMD) programs.But that's not what top Bush administration officials said during their campaign to sell the war to the American public. Those officials, citing the same classified document, asserted with no uncertainty that Iraq was actively pursuing nuclear weapons, concealing a vast chemical and biological weapons arsenal, and posing an immediate and grave threat to US national security. 
  • Paul Merrell on 23 Mar 15
     
    Confirmation that the intelligence was being fixed around the goal, but also that Bush2 and his administration stretched even that intelligence report beyond recognition. 
Paul Merrell

Doctors Without Borders airstrike: MSF says 33 people still missing | World news | The ... - 0 views

www.theguardian.com/...g-us-airstrike-afghan-hospital

war & peace Afghanistan Kunduz U.S.-foreign-policy war-crimes

shared by Paul Merrell on 10 Oct 15 - No Cached
  • Death toll of 22 could rise, with 24 staff and nine patients still unaccounted for five days after US strike on Médecins sans Frontières trauma centre in Kunduz
  • Thirty-three people are still missing five days after a US air strike on an Afghan hospital, Médecins sans Frontières (Doctors Without Borders) warned on Thursday, sparking fears the death toll could rise significantly. Saturday’s bombing in the disputed town of Kunduz killed 12 staff and 10 patients, prompting the medical aid agency to close the trauma centre.
  • President Barack Obama has apologised to MSF but three investigations – by the US military, by Nato and by Afghan officials – are underway and the general would not be drawn on their progress.
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  • MSF, which has condemned the attack as a war crime, is stressing the need for an international investigation, saying the raid contravened the Geneva Conventions.
  • Paul Merrell on 10 Oct 15
     
    The Obamas Administration has rejected calls for an investigation by a duly-constituted international body, saying that it has three investigations under way and an unblemished record of investigating and prosecuting misconduct by U.S. forces. This, from the President who refused to investigate and prosecute officials of the Bush2 administration for war crimes in invading Iraq and Afghanistan and refused to prosecute CIA torturers, insisting on legislation to retroactively immunize them. 
Paul Merrell

Court Rules Bush Administration Can Be Sued for Its "War on Terror" Conduct - 0 views

www.truth-out.org/...sued-for-war-on-terror-conduct

war & peace detainees litigation Bush2-administration

shared by Paul Merrell on 16 Dec 15 - No Cached
  • For almost a decade and a half, the people behind the Bush administration's shameful treatment of terrorism suspects have avoided punishment for their crimes, but that may be about to change. The courts have had their say and have ruled that former Bush administration officials can, in fact, be sued for how they conducted the "war on terror." The Second Circuit Court of Appeals made that pretty much official on Friday when it refused to hear a challenge to its earlier ruling in the case of Turkmen v. Ashcroft. That case involves hundreds of Arab, Muslim or South Asian men who were detained and then abused by our government in the weeks following 9/11.
  • Some of them were beaten by security guards and kept in solitary confinement, which the United Nations considers a form of torture. After they were released, these men sued the people they say authorized their detentions - people like former Attorney General John Ashcroft and former FBI director Robert Mueller. A district court initially blocked their claims, but in June, the Second Circuit Court allowed them, saying that Ashcroft, Mueller and company could be sued. The government then made one more last ditch push to protect the Bush administration, but that effort failed last Friday when the Second Circuit rejected it. Everyone else who authorized and participated in the illegal roundup of hundreds of innocent men after 9/11, from high-up government officials on down, is now fair game for a lawsuit.
  • Paul Merrell on 16 Dec 15
     
    The case centers of detainees conditions of confinement and denial of Equal Protection for a number of people detained for several months immediately after 9-11. 
Paul Merrell

F.B.I. Is Broadening Surveillance Role, Report Shows - NYTimes.com - 0 views

www.nytimes.com/...illance-role-report-shows.html

surveillance state NSA FBI Bush2 FISA-Court 2007

shared by Paul Merrell on 12 Jan 15 - No Cached
  • Although the government’s warrantless surveillance program is associated with the National Security Agency, the Federal Bureau of Investigation has gradually become a significant player in administering it, a newly declassified report shows.In 2008, according to the report, the F.B.I. assumed the power to review email accounts the N.S.A. wanted to collect through the “Prism” system, which collects emails of foreigners from providers like Yahoo and Google. The bureau’s top lawyer, Valerie E. Caproni, who is now a Federal District Court judge, developed procedures to make sure no such accounts belonged to Americans.
  • Then, in October 2009, the F.B.I. started retaining copies of unprocessed communications gathered without a warrant to analyze for its own purposes. And in April 2012, the bureau began nominating new email accounts and phone numbers belonging to foreigners for collection, including through the N.S.A.’s “upstream” system, which collects communications transiting network switches.That information is in a 231-page study by the Justice Department’s inspector general about the F.B.I.’s activities under the FISA Amendments Act of 2008, which authorized the surveillance program. The report was entirely classified when completed in September 2012. But the government has now made a semi-redacted version of the report public in response to a Freedom of Information Act lawsuit filed by The New York Times.
  • The report also filled in a gap about the evolving legality of the warrantless wiretapping program, which traces back to a decision by President George W. Bush in October 2001 to direct the N.S.A. to collect Americans’ international phone calls and emails, from network locations on domestic soil, without the individual warrants required by the Foreign Intelligence Surveillance Act, or FISA. The Times revealed that program in December 2005.After the article appeared, telecommunications providers that had voluntarily participated in the program were sued, and a Federal District Court judge in Detroit ruled that the program was illegal, although that decision was later vacated. The Bush administration sought to put the program on more solid legal footing by gaining orders from the Foreign Intelligence Surveillance Court approving it.Continue reading the main story Continue reading the main story Continue reading the main story In January 2007, the Bush administration persuaded the court’s Judge Malcolm Howard to issue an order to telephone and network companies requiring them to let the security agency target foreigners’ accounts for collection without individual warrants. But in April 2007, when the order came up for renewal before Judge Roger Vinson, he said that it was illegal.
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  • Judge Vinson’s resistance led Congress to enact, in August 2007, the Protect America Act, a temporary law permitting warrantless surveillance of foreigners from domestic network locations. The next year, Congress replaced that law with the FISA Amendments Act.Last month, as a result of separate Freedom of Information Act lawsuits by The Times and the Electronic Frontier Foundation, the government declassified the identities of the judges who disagreed in early 2007 and several court filings from that episode. But it remained unclear what the N.S.A. had done in June and July of 2007.The newly declassified report said Judge Vinson issued an order on May 31, 2007, that allowed existing surveillance to continue by approving collection on a long list of specific foreign phone numbers and email addresses. But after that, when the agency wanted to start wiretapping an additional person, it had to ask the court for permission.The report said that “the rigorous nature of the FISA Court’s probable cause review of new selectors submitted to the various FISA Court judges following Judge Vinson’s May 31, 2007, order caused the N.S.A. to place fewer foreign selectors under coverage than it wanted to.” That and other factors “combined to accelerate the government’s efforts” to persuade Congress to enact the Protect America Act.
Paul Merrell

Redactions in U.S. Memo Leave Doubts on Data Surveillance Program - NYTimes.com - 0 views

www.nytimes.com/...data-surveillance-program.html

surveillance-state NSA DoJ Stellar-Wind email Bush2 illegal

shared by Paul Merrell on 08 Sep 14 - No Cached
  • The Justice Department has released a newly declassified version of a May 2004 legal memo approving the National Security Agency’s Stellarwind program, a set of warrantless surveillance and data collection activities that President George W. Bush secretly authorized after the terrorist attacks of Sept. 11, 2001. But questions about the program remain.A more heavily redacted version of the memo had been released in 2011 as part of Freedom of Information Act lawsuits by the American Civil Liberties Union and the Electronic Privacy Information Center. The new version includes previously censored references to the existence of the data collection related to Americans’ phone calls and emails.
  • The Obama administration voluntarily reprocessed the memo from Jack Goldsmith, the head of the Justice Department’s Office of Legal Counsel, in light of the fact that it had declassified the existence of the bulk phone and email data programs last year after leaks by Edward J. Snowden, a former N.S.A. contractor.The fuller release adds to the public record of an important historical episode. However, the government continued to redact crucial portions of the memo that would answer a primary remaining question about the history of Stellarwind: What prompted the Justice Department to conclude in early 2004 that one aspect of the program, which collected records about Americans’ emails in bulk, was illegal — even though it permitted other aspects, like warrantless wiretapping and the bulk collection of Americans’ phone records, to continue?“They have continued to keep redacted something very significant,” said Jameel Jaffer, a lawyer with the A.C.L.U.
  • The Justice Department’s conclusion that the email metadata program was illegal led to a March 2004 confrontation between White House and department officials in the hospital room of Attorney General John Ashcroft, after which nearly the entire top leadership of the department threatened to resign, prompting President Bush to agree to changes.
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  • parts of what had happened began to become public, starting with a December 2005 article in The New York Times that revealed the warrantless wiretapping portion of the program. The bulk phone and email metadata programs, however, remained secret until 2013, when they came to light in leaks by Mr. Snowden.While the basic existence of the March 2004 crisis has been known, it was not until Mr. Snowden’s leaks that it became clear that it pertained only to the Internet metadata program. However, it has remained murky what Mr. Goldsmith objected to in light of his willingness to bless the rest of Stellarwind based on a sweeping theory of presidential wartime powers.Those portions of the memo remain redacted in the newly released version.
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