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Paul Merrell

Connecting the Dots on PRISM, Phone Surveillance, and the NSA's Massive Spy Center | Th... - 0 views

www.wired.com/...nsa-prism-verizon-surveillance

surveillance state NSA Gen. Alexander lies

shared by Paul Merrell on 17 Jun 13 - No Cached
  • As someone who has written many books and articles about the agency, I have seldom seen the NSA in such a state. Like a night prowler with a bag of stolen goods suddenly caught in a powerful Klieg light, it now finds itself under the glare of nonstop press coverage, accused of robbing the public of its right to privacy. Despite the standard denials from the agency’s public relations office, the documents outline a massive operation to secretly keep track of everyone’s phone calls on a daily basis – billions upon billions of private records; and another to reroute the pipes going in and out of Google, Apple, Yahoo, and the other Internet giants through Fort Meade – figuratively if not literally. 
  • But long before Edward Snowden walked out of the NSA with his trove of documents, whistleblowers there had been trying for years to bring attention to the massive turn toward domestic spying that the agency was making.
  • Without documents to prove their claims, the agency simply dismissed them as falsehoods and much of the mainstream press simply accepted that. “We don’t hold data on U.S. citizens,” Alexander said in a talk at the American Enterprise Institute last summer, by which time he had been serving as the head of the NSA for six years. Director of National Intelligence James Clapper made similar claims. At a hearing of the Senate Intelligence Committee last March, he was asked, “Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?” To which Clapper responded, “No, sir.” The documents released by Snowden, pointing to the nationwide collection of telephone data records and not denied by government officials, prove the responses untrue.
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  • The deception by General Alexander is especially troubling. In my new cover story for Wired’s July issue, which will be published online Thursday, I show how he has become the most powerful intelligence chief in the nation’s history. Never before has anyone in America’s intelligence sphere come close to his degree of power, the number of people under his command, the expanse of his rule, the length of his reign, or the depth of his secrecy. A four-star Army general, his authority extends across three domains: He is director of the world’s largest intelligence service, the National Security Agency; chief of the Central Security Service; and commander of the U.S. Cyber Command. As such, he has his own secret military, presiding over the Navy’s 10th Fleet, the 24th Air Force, and the Second Army.
  • Paul Merrell on 17 Jun 13
     
    Check the video on CSPAN  linked from the paragraph about NSA head General Keith Alexander's talk at the American Enterprise Institute. In response to a Fox News question, Alexander lied at length and in detail along the theme of "We don't hold data on U.S. citizens." With both Alexander and National Intelligence DIrector James Clapper both now caught flat-out lying about keeping records on Americans, why should any Executive Branch statements about the scope of their domestic spying be trusted in the least, given that any official statement on the topic would have to rely on information provided by these two men. We know that they are perfectly willing to lie to the public on that topic. 
Paul Merrell

Senators accuse government of using 'secret law' to collect Americans' data | World new... - 0 views

www.guardian.co.uk/...es-clapper-nsa-data-collection

surveillance state NSA blowback senators Clapper

shared by Paul Merrell on 30 Jun 13 - No Cached
  • A bipartisan group of 26 US senators has written to intelligence chiefs to complain that the administration is relying on a "secret body of law" to collect massive amounts of data on US citizens.The senators accuse officials of making misleading statements and demand that the director of national intelligence James Clapper answer a series of specific questions on the scale of domestic surveillance as well as the legal justification for it.In their strongly-worded letter to Clapper, the senators said they believed the government may be misinterpreting existing legislation to justify the sweeping collection of telephone and internet data revealed by the Guardian."We are concerned that by depending on secret interpretations of the Patriot Act that differed from an intuitive reading of the statute, this program essentially relied for years on a secret body of law," they say.
  • "This and misleading statements by intelligence officials have prevented our constituents from evaluating the decisions that their government was making, and will unfortunately undermine trust in government more broadly."This is the strongest attack yet from Congress since the disclosures began, and comes after Clapper admitted he had given "the least untruthful answer possible" when pushed on these issues by Senators at a hearing before the latest revelations by the Guardian and the Washington Post.In a press statement, the group of senators added: "The recent public disclosures of secret government surveillance programs have exposed how secret interpretations of the USA Patriot Act have allowed for the bulk collection of massive amounts of data on the communications of ordinary Americans with no connection to wrongdoing."
  • They said: "Reliance on secret law to conduct domestic surveillance activities raises serious civil liberty concerns and all but removes the public from an informed national security and civil liberty debate." A spokesman for the office of the director of national intelligence (ODNI) acknowledged the letter. "The ODNI received a letter from 26 senators this morning requesting further engagement on vital intelligence programs recently disclosed in the media, which we are still evaluating. The intelligence and law enforcement communities will continue to work with all members of Congress to ensure the proper balance of privacy and protection for American citizens."The letter was organised by Oregan Democrat Ron Wyden, a member of the intelligence committee, but includes four Republican senators: Mark Kirk, Mike Lee, Lisa Murkowski and Dean Heller.
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  • The senators said they were seeking public answers to the following questions in order to give the American people the information they need to conduct an informed public debate. The specific questions include:• How long has the NSA used Patriot Act authorities to engage in bulk collection of Americans' records? Was this collection underway when the law was reauthorized in 2006?• Has the NSA used USA Patriot Act authorities to conduct bulk collection of any other types of records pertaining to Americans, beyond phone records?• Has the NSA collected or made any plans to collect Americans' cell-site location data in bulk?• Have there been any violations of the court orders permitting this bulk collection, or of the rules governing access to these records? If so, please describe these violations.
  • They ask Clapper to publicly provide information about the duration and scope of the program and provide examples of its effectiveness in providing unique intelligence, if such examples exist.The senators also expressed their concern that the program itself has a significant impact on the privacy of law-abiding Americans and that the Patriot Act could be used for the bulk collection of records beyond phone metadata."The Patriot Act's 'business records' authority can be used to give the government access to private financial, medical, consumer and firearm sales records, among others," said a press statement.In addition to raising concerns about the law's scope, the senators noted that keeping the official interpretation of the law secret and the instances of misleading public statements from executive branch officials prevented the American people from having an informed public debate about national security and domestic surveillance.
  • A bipartisan group of 26 US senators has written to intelligence chiefs to complain that the administration is relying on a "secret body of law" to collect massive amounts of data on US citizens.The senators accuse officials of making misleading statements and demand that the director of national intelligence James Clapper answer a series of specific questions on the scale of domestic surveillance as well as the legal justification for it.In their strongly-worded letter to Clapper, the senators said they believed the government may be misinterpreting existing legislation to justify the sweeping collection of telephone and internet data revealed by the Guardian."We are concerned that by depending on secret interpretations of the Patriot Act that differed from an intuitive reading of the statute, this program essentially relied for years on a secret body of law," they say."This and misleading statements by intelligence officials have prevented our constituents from evaluating the decisions that their government was making, and will unfortunately undermine trust in government more broadly."
Gary Edwards

The End of the Middle Class is The End of America - 0 views

Financial expert Porter Stansberry recently posted the following commentary at The Project to Restore America. Chilling stuff. The number speak for themselves. This comes from Porter's newslette...

Porter-Stansberry financial-collapse Federal-Reserve-Bankster-Cartel

started by Gary Edwards on 27 Jun 13 no follow-up yet
Paul Merrell

Profiting from Your Thirst as Global Elite Rush to Control Water Worldwide :: The Marke... - 0 views

www.marketoracle.co.uk/article38167.html

banksters water water-rush privatization

shared by Paul Merrell on 23 May 14 - No Cached
  • A disturbing trend in the water sector is accelerating worldwide. The new “water barons” --- the Wall Street banks and elitist multibillionaires --- are buying up water all over the world at unprecedented pace. Familiar mega-banks and investing powerhouses such as Goldman Sachs, JP Morgan Chase, Citigroup, UBS, Deutsche Bank, Credit Suisse, Macquarie Bank, Barclays Bank, the Blackstone Group, Allianz, and HSBC Bank, among others, are consolidating their control over water. Wealthy tycoons such as T. Boone Pickens, former President George H.W. Bush and his family, Hong Kong’s Li Ka-shing, Philippines’ Manuel V. Pangilinan and other Filipino billionaires, and others are also buying thousands of acres of land with aquifers, lakes, water rights, water utilities, and shares in water engineering and technology companies all over the world. The second disturbing trend is that while the new water barons are buying up water all over the world, governments are moving fast to limit citizens’ ability to become water self-sufficient (as evidenced by the well-publicized Gary Harrington’s case in Oregon, in which the state criminalized the collection of rainwater in three ponds located on his private land, by convicting him on nine counts and sentencing him for 30 days in jail). Let’s put this criminalization in perspective:
  • Billionaire T. Boone Pickens owned more water rights than any other individuals in America, with rights over enough of the Ogallala Aquifer to drain approximately 200,000 acre-feet (or 65 billion gallons of water) a year. But ordinary citizen Gary Harrington cannot collect rainwater runoff on 170 acres of his private land. It’s a strange New World Order in which multibillionaires and elitist banks can own aquifers and lakes, but ordinary citizens cannot even collect rainwater and snow runoff in their own backyards and private lands.
  • In 2008, Goldman Sachs called water “the petroleum for the next century” and those investors who know how to play the infrastructure boom will reap huge rewards, during its annual “Top Five Risks” conference. Water is a U.S.$425 billion industry, and a calamitous water shortage could be a more serious threat to humanity in the 21st century than food and energy shortages, according to Goldman Sachs’s conference panel. Goldman Sachs has convened numerous conferences and also published lengthy, insightful analyses of water and other critical sectors (food, energy). Goldman Sachs is positioning itself to gobble up water utilities, water engineering companies, and water resources worldwide. Since 2006, Goldman Sachs has become one of the largest infrastructure investment fund managers and has amassed a $10 billion capital for infrastructure, including water.
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  • Citigroup’s top economist Willem Buitler said in 2011 that the water market will soon be hotter the oil market (for example, see this and this): “Water as an asset class will, in my view, become eventually the single most important physical-commodity based asset class, dwarfing oil, copper, agricultural commodities and precious metals.” In its recent 2012 Water Investment Conference, Citigroup has identified top 10 trends in the water sector, as follows:
  • Specifically, a lucrative opportunity in water is in hydraulic fracturing (or fracking), as it generates massive demand for water and water services. Each oil well developed requires 3 to 5 million gallons of water, and 80% of this water cannot be reused because it’s three to 10 times saltier than seawater. Citigroup recommends water-rights owners sell water to fracking companies instead of to farmers because water for fracking can be sold for as much as $3,000 per acre-foot instead of only $50 per acre/foot to farmers.
  • One of the world’s largest banks, JPMorgan Chase has aggressively pursued water and infrastructure worldwide. In October 2007, it beat out rivals Morgan Stanley and Goldman Sachs to buy U.K.’s water utility Southern Water with partners Swiss-based UBS and Australia’s Challenger Infrastructure Fund. This banking empire is controlled by the Rockefeller family; the family patriarch David Rockefeller is a member of the elite and secretive Bilderberg Group, Council on Foreign Relations, and Trilateral Commission.
  • Barclays PLC is a U.K.-based major global financial services provider operating in all over the world with roots in London since 1690; it operates through its subsidiary Barclays Bank PLC and its investment bank called Barclays Capital. Barclays Bank’s unit Barclays Global Investors manages an exchange-traded fund (ETF) called iShares S&P Global Water, which is listed on the London Stock Exchanges and can be purchased like any ordinary share through a broker. Touting the iShares S&P Global Water as offering “a broad based exposure to shares of the world’s largest water companies, including water utilities and water equipment stocks” of water companies around the world, this fund as of March 31, 2007 was valued at U.S.$33.8 million.
  • Deutsche Bank is one of the major players in the water sector worldwide. Its Deutsche Bank Advisors have identified water as a part of the climate investment strategies. In its presentation, “Global Warming: Implications for Investors,” they have identified the four following major areas for water investment: § Distribution and management: (1) Supply and recycling, (2) water distribution and sewage, (3) water management and engineering. § Water purification: (1) Sewage purification, (2) disinfection, (3) desalination, (4) monitoring. § Water efficiency (demand): (1) Home installation, (2) gray-water recycling, (3) water meters. § Water and nutrition: (1) Irrigation, (2) bottled water.
  • Moreover, Deutsche Bank has channeled €6 billion (U.S.$8.55 billion) into climate change funds, which will target companies with products that cut greenhouse gases or help people adapt to a warmer world, in sectors from agriculture to power and construction (Reuters, October 18, 2007). In addition to SCM, Deutsche Bank also has the RREEF Infrastructure, part of RREEF Alternative Investments, headquartered in New York with main hubs in Sydney, Singapore, and London. RREEF Infrastructure has more than €6.7 billion in assets under management. One of its main targets is utilities, including electricity networks, water-treatment or distribution operations, and natural-gas networks. In October 2007, RREEF partnered with Goldman Sachs, GE, Prudential, and Babcok & Brown Ltd. to bid unsuccessfully for U.K.’s water utility Southern Water. § Crediting the boom in European infrastructure investment, the RREEF fund by August 2007 had raised €2 billion (U.S.$2.8 billion); Europe’s infrastructure market is valued at between U.S.$4 trillion to U.S.$6 trillion (DowJones Financial News Online, August 7, 2007). § Bulgaria --- Deutsche Bank Bulgaria is planning to participate in large infrastructure projects, including public-private partnership projects in water and sewage worth up to €1 billion (Sofia Echo Media, February 26, 2008). § Middle East --- Along with Ithmaar Bank B.S.C. (an private-equity investment bank in Bahrain), Deutsche Bank co-managed a U.S.$2 billion Shari'a-compliant Infrastructure and Growth Capital Fund and plans to target U.S.$630 billion in regional infrastructure.
  • In my 2008 article, I overlooked the astonishingly large land purchases (298,840 acres, to be exact) by the Bush family in 2005 and 2006. In 2006, while on a trip to Paraguay for the United Nation’s children’s group UNICEF, Jenna Bush (daughter of former President George W. Bush and granddaughter of former President George H.W. Bush) reportedly bought 98,840 acres of land in Chaco, Paraguay, near the Triple Frontier (Bolivia, Brazil, and Paraguay). This land is said to be near the 200,000 acres purchased by her grandfather, George H.W. Bush, in 2005. The lands purchased by the Bush family sit over not only South America’s largest aquifer --- but the world’s as well --- Acuifero Guaraní, which runs beneath Argentina, Brazil, Paraguay, and Uruguay. This aquifer is larger than Texas and California combined. Online political magazine Counterpunch quoted Argentinean pacifist Adolfo Perez Esquivel, the winner of 1981 Nobel Peace Prize, who “warned that the real war will be fought not for oil, but for water, and recalled that Acuifero Guaraní is one of the largest underground water reserves in South America….”
  • Paul Merrell on 23 May 14
     
     Like the land rush for Arctic lands soon to be bared of ice by global warming, banksters are also moving to capitalize on looming water shortages, aided by IMF privatization loan conditions the the dwindling of potable water supplies globally via pollution, deforestation, and aquifer depletion. All trace to the common problem over human overpopulation of the planet.  
Paul Merrell

Dianne Feinstein, Strong Advocate of Leak Prosecutions, Demands Immunity For David Petr... - 0 views

firstlook.org/...emands-immunity-david-petraeus

feinstein patraeus elites prosecutorial-immunity leaks Assange Snowden

shared by Paul Merrell on 13 Jan 15 - No Cached
  • David Petraeus, the person who Feinstein said has “suffered enough,” was hired last year by the $73 billion investment fund KKR to be Chairman of its newly created KKR Global Institute, on top of the $220,000/year pension he receives from the U.S. Army and the teaching position he holds at Harvard’s John F. Kennedy School of Government. Let us all pause for a moment to lament the deep suffering of this man, and the grave injustice of inflicting any further deprivation upon him. In 2011, I wrote a book, With Liberty and Justice for Some, that examined the two-tiered justice system prevailing in the U.S.: how the U.S. imprisons more of its citizens than any other country in the world (both in absolute numbers and proportionally) often for trivial transgressions, while immunizing its political and economic elites for even the most egregious crimes. Matt Taibbi’s book, The Divide, examines the same dynamic with a focus on the protection of economic elites and legal repression of ordinary citizens in the wake of the 2008 financial crisis. This latest example from Feinstein is one of the most vivid yet. She wanted Julian Assange – who isn’t even a U.S. citizen and never served in the U.S. Government – prosecuted for espionage for exposing war crimes, and demanded that Edward Snowden be charged with “treason” for exposing illegal eavesdropping which shocked the world. But a four-star general who leaked classified information not for any noble purpose but to his mistress for personal reasons should be protected from any legal consequences.
  • Long-standing mavens of DC political power literally believe that they and their class-comrades are too noble, important and elevated to be subjected to the rule of law to which they subject everyone else. They barely even disguise it any more. It’s the dynamic by which the Obama administration prosecuted leakers with unprecedented aggression who disclose information that embarrasses them politically while ignoring or even sanctioning the leaks of classified information which politically glorify them. It is, of course, inconceivable that someone like Dianne Feinstein would urge the release of ordinary convicts from prison on the ground that their actions are “in the past” or that they have “suffered enough.” This generous mentality of mercy, forgiveness and understanding - like Obama’s decree that we Look Forward, Not Backward to justify immunity for American torturers - is reserved only for political officials, Generals, telecoms, banks and oligarchs who reside above and beyond the rule of law.
Paul Merrell

Tomgram: Shamsi and Harwood, An Electronic Archipelago of Domestic Surveillance | TomDi... - 0 views

www.tomdispatch.com/...elago_of_domestic_surveillance

surveillance state civil-liberties shadow-ID watchlists

shared by Paul Merrell on 07 Nov 14 - No Cached
  • Uncle Sam’s Databases of Suspicion A Shadow Form of National ID
  • We do know that the nation’s domestic-intelligence network is massive, including at least 59 federal agencies, over 300 Defense Department units, and approximately 78 state-based fusion centers, as well as the multitude of law enforcement agencies they serve. We also know that local law enforcement agencies have themselves raised concerns about the system’s lack of privacy protections.
  • The SAR database is part of an ever-expanding domestic surveillance system established after 9/11 to gather intelligence on potential terrorism threats. At an abstract level, such a system may seem sensible: far better to prevent terrorism before it happens than to investigate and prosecute after a tragedy. Based on that reasoning, the government exhorts Americans to “see something, say something” -- the SAR program’s slogan. Indeed, just this week at a conference in New York City, FBI Director James Comey asked the public to report any suspicions they have to authorities. “When the hair on the back of your neck stands, listen to that instinct and just tell somebody,” said Comey. And seeking to reassure those who do not want to get their fellow Americans in trouble based on instinct alone, the FBI director added, “We investigate in secret for a very good reason, we don't want to smear innocent people.”
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  • At a fundamental level, suspicious activity reporting, as well as the digital and physical infrastructure of networked computer servers and fusion centers built around it, depends on what the government defines as suspicious.  As it happens, this turns out to include innocuous, First Amendment-protected behavior. As a start, a little history: the Nationwide Suspicious Activity Reporting Initiative was established in 2008 as a way for federal agencies, law enforcement, and the public to report and share potential terrorism-related information. The federal government then developed a list of 16 behaviors that it considered “reasonably indicative of criminal activity associated with terrorism.” Nine of those 16 behaviors, as the government acknowledges, could have nothing to do with criminal activity and are constitutionally protected, including snapping photographs, taking notes, and “observation through binoculars.”
  • There are any number of problems with this approach, starting with its premise.  Predicting who exactly is a future threat before a person has done anything wrong is a perilous undertaking. That’s especially the case if the public is encouraged to report suspicions of neighbors, colleagues, and community members based on a “hair-on-the-back-of-your-neck” threshold. Nor is it any comfort that the FBI promises to protect the innocent by investigating “suspicious” people in secret. The civil liberties and privacy implications are, in fact, truly hair-raising, particularly when the Bureau engages in abusive and discriminatory sting operations and other rights violations.
  • A few months later, a scathing report from the Senate subcommittee on homeland security described similar intelligence problems in state-based fusion centers. It found that Department of Homeland Security (DHS) personnel assigned to the centers “forwarded ‘intelligence’ of uneven quality -- oftentimes shoddy, rarely timely, sometimes endangering citizens’ civil liberties and Privacy Act protections... and more often than not unrelated to terrorism.”
  • Law enforcement officials, including the Los Angeles Police Department’s top counterterrorism officer, have themselves exhibited skepticism about suspicious activity reporting (out of concern with the possibility of overloading the system). In 2012, George Washington University’s Homeland Security Policy Institute surveyed counterterrorism personnel working in fusion centers and in a report generally accepting of SARs noted that the program had “flooded fusion centers, law enforcement, and other security outfits with white noise,” complicating “the intelligence process” and distorting “resource allocation and deployment decisions.” In other words, it was wasting time and sending personnel off on wild goose chases.
  • Under federal regulations, the government can only collect and maintain criminal intelligence information on an individual if there is a “reasonable suspicion” that he or she is “involved in criminal conduct or activity and the information is relevant to that criminal conduct or activity.” The SAR program officially lowered that bar significantly, violating the federal government’s own guidelines for maintaining a “criminal intelligence system.” There’s good reason for, at a minimum, using a reasonable suspicion standard. Anything less and it’s garbage in, garbage out, meaning counterterrorism “intelligence” databases become anything but intelligent.
  • yet another burgeoning secret database that the federal government calls its “consolidated terrorism watchlist.” Inclusion in this database -- and on government blacklists that are generated from it -- can bring more severe repercussions than unwarranted law enforcement attention. It can devastate lives.
  • There is hope, however. In August, four years after the ACLU filed a lawsuit on behalf of 13 people on the no-fly list, a judge ruled that the government’s redress system is unconstitutional. In early October, the government notified Mashal and six others that they were no longer on the list. Six of the ACLU’s clients remain unable to fly, but at least the government now has to disclose just why they have been put in that category, so that they can contest their blacklisting. Soon, others should have the same opportunity.
  • As of August 2013, there were approximately 47,000 people, including 800 U.S. citizens and legal permanent residents like Mashal, on that secretive no-fly list, all branded as “known or suspected terrorists.” All were barred from flying to, from, or over the United States without ever being given a reason why. On 9/11, just 16 names had been on the predecessor “no transport” list. The resulting increase of 293,650% -- perhaps more since 2013 -- isn’t an accurate gauge of danger, especially given that names are added to the list based on vague, broad, and error-prone standards.
  • The No Fly List is only the best known of the government’s web of terrorism watchlists. Many more exist, derived from the same master list.  Currently, there are more than one million names in the Terrorist Identities Datamart Environment, a database maintained by the National Counterterrorism Center. This classified source feeds the Terrorist Screening Database (TSDB), operated by the FBI’s Terrorist Screening Center. The TSDB is an unclassified but still secret list known as the “master watchlist.” containing what the government describes as “known or suspected terrorists,” or KSTs.
  • Nothing encapsulates the post-9/11, Alice-in-Wonderland inversion of American notions of due process more strikingly than this “blacklist first, innocence later... maybe” mindset. The Terrorist Screening Database is then used to fill other lists. In the context of aviation, this means the no-fly list, as well as the selectee and expanded selectee lists. Transportation security agents subject travelers on the latter two lists to extra screenings, which can include prolonged and invasive interrogation and searches of laptops, phones, and other electronic devices. Around the border, there’s the State Department’s Consular Lookout and Support System, which it uses to flag people it thinks shouldn’t get a visa, and the TECS System, which Customs and Border Protection uses to determine whether someone can enter the country.
  • According to documents recently leaked to the Intercept, as of August 2013 that master watchlist contained 680,000 people, including 5,000 U.S. citizens and legal permanent residents. The government can add people’s names to it according to a shaky “reasonable suspicion” standard. There is, however, growing evidence that what’s “reasonable” to the government may only remotely resemble what that word means in everyday usage. Information from a single source, even an uncorroborated Facebook post, can allow a government agent to watchlist an individual with virtually no outside scrutiny. Perhaps that’s why 40% of those on the master watchlist have “no recognized terrorist group affiliation,” according to the government’s own records.
  • This opens up the possibility of increased surveillance and tense encounters with the police, not to speak of outright harassment, for a large but undivulged number of people. When a police officer stops a person for a driving infraction, for instance, information about his or her KST status will pop up as soon a driver’s license is checked.  According to FBI documents, police officers who get a KST hit are warned to “approach with caution” and “ask probing questions.” When officers believe they’re about to go face to face with a terrorist, bad things can happen. It’s hardly a stretch of the imagination, particularly after a summer of police shootings of unarmed men, to suspect that an officer approaching a driver whom he believes to be a terrorist will be quicker to go for his gun. Meanwhile, the watchlisted person may never even know why his encounters with police have taken such a peculiar and menacing turn. According to the FBI's instructions, under no circumstances is a cop to tell a suspect that he or she is on a watchlist.
  • Inside the United States, no watchlist may be as consequential as the one that goes by the moniker of the Known or Appropriately Suspected Terrorist File. The names on this blacklist are shared with more than 17,000 state, local, and tribal police departments nationwide through the FBI’s National Crime Information Center (NCIC). Unlike any other information disseminated through the NCIC, the KST File reflects mere suspicion of involvement with criminal activity, so law enforcement personnel across the country are given access to a database of people who have secretly been labeled terrorism suspects with little or no actual evidence, based on virtually meaningless criteria.
  • And once someone is on this watchlist, good luck getting off it. According to the government’s watchlist rulebook, even a jury can’t help you. “An individual who is acquitted or against whom charges are dismissed for a crime related to terrorism,” it reads, “may nevertheless meet the reasonable standard and appropriately remain on, or be nominated to, the Terrorist Watchlist.” No matter the verdict, suspicion lasts forever.
  • The SARs program and the consolidated terrorism watchlist are just two domestic government databases of suspicion. Many more exist. Taken together, they should be seen as a new form of national ID for a growing group of people accused of no crime, who may have done nothing wrong, but are nevertheless secretly labeled by the government as suspicious or worse. Innocent until proven guilty has been replaced with suspicious until determined otherwise. Think of it as a new shadow system of national identification for a shadow government that is increasingly averse to operating in the light. It’s an ID its “owners” don’t carry around with them, yet it’s imposed on them whenever they interact with government agents or agencies. It can alter their lives in disastrous ways, often without their knowledge. And they could be you. If this sounds dystopian, that’s because it is.
Paul Merrell

Lawsuit for 2010 Gaza Flotilla Deaths Filed in US Court Against former Israeli Prime Mi... - 0 views

warisacrime.org/...r-israeli-prime-minister-ehud-

war & peace Israel Mavi-Marmara litigation Barak war crimes

shared by Paul Merrell on 22 Oct 15 - No Cached
  • A lawsuit in the United States has been filed against former Israeli Prime Minister and Defense Minister Ehud Barak for his role in the 2010 Israeli commando attack upon the Gaza Freedom Flotilla in which 8 Turkish citizens and one American citizen were executed by Israeli forces and over fifty Turkish passengers were wounded.  The trial will be the first time a former Israeli Prime Minister will be put on trial for reasons of international terrorism. The family of Furkan Doğan, the American citizen who was assassinated in the attack, filed the lawsuit in the Central District Court of California and notice of the trial was handed to Barak last night, October 20, in Los Angeles when he spoke in the Distinguished Speaker series of Southern California  (http://speakersla.com/speakers/ehud-barak/).  According to a press release (http://mavi-marmara.ihh.org.tr/en/main/news/0/case-opened-against-former-israeli-pm-ehud-ba/2969) from the Turkish International Humanitarian organization that sponsored the Mavi Marmara ship,  charges against Barak include his planning and leadership in the murder of Furkan Doğan and others in international waters, Willful killing, attempted willful killing, intentionally causing serious injury to body or health, international terrorism, plundering, intentionally causing damage to property, restriction of people's freedom and instigating violent crimes. 
  • American attorneys Hydee Dijsktal and Dan Stormer, the British law firm, Stoke & White, British Professor Dr. Geoffrey Nice and UK attorney Rodney Dixon are the legal team for the Dogan family. Ehud Barak was almost arrested in France in 2010 when he went to a weapons expo. by hopping off the plane last minute with the trial opened against him by the wives of martyrs in France. Other legal proceedings against Barak and other senior members of the Israeli government are in the works.  In 2010 in France, the widows of Cevdet Kılıçlar and Necdet Yıldırım, two others executed by Israeli commandos, brought a lawsuit against Barak which he evaded when he was informed of the French lawsuit as he was about to deplane in Paris to attend a weapons expo in France. In the case brought in the International Criminal Court (ICC), the ICC prosecutor has ruled that the attack by Israeli commandos upon the Mavi Marmara in the Gaza Freedom Flotilla was a war crime. Additionally, the 7th High Criminal Court in Istanbul, Turkey has issued a “red notice” for the arrest of four senior Israeli government officials in a lawsuit filed in Turkey http://www.incanews.net/en/turkey/313/turkish-court-orders-arrest-of-4-israeli-officials . The Israeli officials named by the court are Israel's former Chief of Staff Gabi Ashkenazi, former navy chief Eliezer Marom, former military intelligence head Amos Yadlin and former air force intelligence chief Avishai Levy.
  • Due to political considerations dealing with the State of Israel, the Ministry of Justice of Turkey has delayed sending to Interpol the “red notice” much to the consternation of those seeking justice.
Gary Edwards

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

www.newsmax.com/...490118

Rand-Paul Libertarian USA-Constitution

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

Tocqueville's Warning to America: The Dangers of Despotism - 0 views

www.breitbart.com/...erica-The-Dangers-of-Despotism

Alexis-de-Tocqueville freedom-liberty

shared by Gary Edwards on 04 Jul 13 - No Cached
  • Gary Edwards on 04 Jul 13
     
    "The words of Alexis de Tocqueville in Book Four, Chapter VI of Democracy America are particularly poignant: I had remarked during my stay in the United States, that a democratic state of society, similar to that of the Americans, might offer singular facilities for the establishment of despotism... I think, then, that the species of oppression by which democratic nations are menaced is unlike anything which ever before existed in the world: our contemporaries will find no prototype of it in their memories. I seek in vain for an expression which will accurately convey the whole of the idea I have formed of it, the old words despotism and tyranny are inappropriate: the thing itself is new, and since I cannot name, I must attempt to define it. I seek to trace the novel features under which despotism may appear in the world. The first thing that strikes the observation is an innumerable multitude of men, all equal and alike, incessantly endeavoring to procure the petty and paltry pleasures with which they glut their lives. Each of them, living apart, is as a stranger to the fate of all the rest,--his children and his private friends constitute to him the whole of mankind; as for the rest of his fellow-citizens, he is close to them, but he sees them not;--he touches them, but he feels them not; he exists but in himself and for himself alone; and if his kindred still remain to him, he may be said at any rate to have lost his country. Above this race of men stands an immense and tutelary power, which takes upon itself alone to secure their gratifications, and to watch over their gate. That power is absolute, minute, regular, provident, and mild. It would be like the authority of a parent, if, like that authority, its object was to prepare men for manhood; but it seeks, on the contrary, to keep them in perpetual childhood: it is well content that the people should rejoice, provided they think of nothing but rejoicing. For their happiness such a government willingly la
  • Paul Merrell on 10 Jul 13
     
    "An elective despotism was not the government we fought for." - James Madison
Paul Merrell

Failed NATO Invasion of Moldova SITREP, by Scott | The Vineyard of the Saker - 0 views

thesaker.is/ion-of-moldova-sitrep-by-scott

war & peace U.S.-foreign-policy Moldova coup-attempts

shared by Paul Merrell on 30 May 16 - No Cached
  • It’s hard to overestimate the value of planning in advance, especially when it comes to getting reservations in popular restaurants and invading countries by military force. In the week of the May 9th Victory Day two significant failures took place  each one remarkable in its own way. Each event went completely unreported by the Western corporate and government media, but discussed on Social Media.
  • In the following three weeks after the incident with the USS Florida, while Russia was preparing for Victory Day celebrations and all eyes were on Moscow, attention of Ukrainians was fully concentrated on the visit of Victoria Nuland to Kiev on April 26th allegedly to discuss the implementation of the Minsk II Agreement and the future elections in Donetsk and Lugansk republics. Since the day when President Putin said that the republics can have their elections anytime they want, the question of these elections ceased to be a subject of blackmail toward the Kremlin.   It appeared that the true reason for Nuland’s visit could be located to the west of Kiev, rather than the east. Just recently, Robert D. Kaplan, a former Stratfor’s Chief Geopolitical Analyst, and currently a senior fellow at the Center for a New American Security (CNAS) has published a book “In Europe’s Shadow” where he lays out a plan to reunite Romania with “its lost province of Moldova.” Nuland visited Moldova back in January, with the task to coerce Moldova’s government and its oligarchs to change the country’s Constitution provision of neutrality. Before she left, she gave a short speech at the American Embassy in Bucharest after a private dinner with PM Ciolos and President Klaus. “We powerfully support the desire of the people in Moldova to have responsible leaders who can implement reforms. This is the best way to assure the future of Moldova. Romania and the United States, in conjunction with NATO, have support programs in place to assure the security of Moldova but the government has to work to implement these programs.”
  • Moldova is one of the poorest countries in Eastern Europe, and its economy heavily relies on Russia. According to the CIA Fact Book: Moldova’s annual remittances of about $1.12 billion comes from the roughly one million Moldovans working in Europe, Russia, and other former Soviet Bloc countries; Moldova imports almost all of its energy supplies from Russia and Ukraine; Moldova’s dependence on Russian energy is underscored by a more than $5 billion debt to Russian natural gas supplier Gazprom; Moldova signed an Association Agreement and a Deep and Comprehensive Free Trade Agreement with the EU during fall 2014, however its biggest trade partner remains Russia. Everyone understands that a NATO membership will cut all economic ties with Russia, including jobs, and it will turn Moldova into a failed state, or in the CIA doublespeak, the country would stop being vulnerable to “Russian pressure.” Apparently, the failure of Moldova as a state, and its disappearance as a nation is also what the EU wants. On January 6, the new Moldovan Ambassador to Germany was presenting his credentials when, out of the blue, the German president asked the new ambassador what the procedure was for Republic of Moldova to formally unite with Romania. On May 4th, the Katehon reported on Vladimir Plahotniuc’s (the infamous Moldavian oligarch and mafia boss) visit to the US and his meeting with Victoria Nuland there. As the Victory Day celebration was approaching, we all fully anticipated from the US to conduct terror acts, military excursions/drills, and political and legal attacks on Russia as the US and the EU always do to harass Russia during its major national and Church holidays.
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  • Starting with April 21st,  we saw a flurry of “news” about Ukraine and Romania joining NATO Black Sea flotilla and the organization of Romanian-Ukrainian-Bulgarian brigade similar to that created by Poland. On April 26, Georgia (Gruzia) pitched in via the Georgia Today: “creation of NATO Black Sea Fleet Gains US Support” and praising Turkey, Bulgaria and Romania for calls to expand the Western military. All what Russia said to all this NATO generated noise was a brief statement of  Russia’s envoy to NATO Alexander Grushko. “NATO should be in a position to know that all necessary steps will be taken from our side to neutralize the emerging threats.” With all these  preparations for the war on Russia going on, NATO also planned military drills in neutral Moldova, chosen to start on May 2nd, the day of remembrance for the victims of the Odessa Massacre. Meanwhile, the patriots of Moldavia who worked together regardless of their political views, discovered something interesting and saved Moldova. NATO reported that for drills they would be entering Moldova in four formations, and that the total of motorized units will be 50+. However, the very first formation that made an attempt to enter the territory of Moldova contained 100+ unites. This was just one formation. And there was expected three more formations.
  • The plan of NATO was to enter the country with too large for this tiny country forces, to stage a bloody false flag attack during the Victory Day celebration in Moldova with the participation of Ukrainian Right Sector terrorists masquerading as “pro-Russia separatists.” This plot worked in Ukraine, so it should work in Moldova, right? That’s the true reason why Nuland was in Kiev two weeks prior. After this false flag attack, a Romanian fleet was planned to enter Ukrainian territorial waters “by invitation of the Ukrainian government” and arrive to Odessa in order to block Russian fleets from interfering and helping Transnistria. But… Coming back to the bizarre incident near Gibraltar, when one NATO member’s tiny 20 tone Costal Guards’ boat was attacked by another NATO member for interfering with the 18,000 tones behemoth of a submarine  of the third NATO member. The NATO plan apparently was to stealthy and quietly position the Ohio-class ballistic guided-missile submarine USS Florida (SSGN 728) in the Mediterranean or even in the Black Sea so it would be able to shoot into Moldova to overwhelm Moldovan minuscule defense forces. We have to remember that it was the USS Florida “that opened up the Libya intervention,” firing more than 90 cruise missiles to destroy Libya’s air defenses and clearing the way for NATO air strikes. “Never before in the history of the United States of America has one ship conducted that much land attack strikes, conventionally, in one short time period,” Rear Adm. Rick Breckenridge had said.
  • However, thanks to Spanish Costal Guards the submarine was discovered and talked about all around the world via social media and the press. The USS Florida had no other options but to retreat and return to home base. In fact, there were TWO incidents on the same April 16th  day involving the USS Florida. First, it was  the Spanish patrol boat belonged to the Servicio de Vigilancia Aduanera, at whom the British Navy opened  fire.  A bit later,  the Guardia Civil vessel Rio Cedeña tried to cut across the submarine’s bow and was photographed  by multiple witnesses.
  • According to V.V. Pyakin, a political analyst with the Concept Technologies Foundation, a think tank located in St. Petersburg, NATO was in a process of conducting a full-scale invasion of Moldova with the annexation of a Southern part of Ukraine including Odessa to construct a NATO Navy base there. Moldova was supposed to become a part of Romania automatically with the US military forces arriving to the capital and taking  over the government of Moldova. That’s why NATO needed all those military “drills” in the Black Sea region and in the Baltics simultaneously. When the patriotic forces of Moldavia discovered that NATO was about to enter the territory of Moldova in four formations, 100+ motorized units each, they protested loudly and blocked the entrance of NATO troops on the border. Meanwhile, the biggest political fraction in Moldova threatened with the impeachment of the president for treason, if  NATO troops would be allowed to enter the country. Reports from Moldova at the time disclosed that American troops stopped at the border crossing didn’t have proper ID and other papers. Moldovans came to greet them with the banners “Moldova is a neutral country” and “Stop bases of NATO,” “Stop NATO” and “NATO go home.” As the result, on April 28th only about 60 units and 200 servicemen the U.S. Army 2nd Cavalry Regimental Engineer Squadron were allowed to enter the country.
  • When a formation of American military crossed the Romanian-Moldova border allegedly to take part in  Dragon Pioneer 2016 NATO military drills, Moldavian opposition leaders expressed protests. Several members of the Parliament blocked the road.  They reported to Russian and international media and news outlets that the US troops didn’t have an international agreement signed by the defense ministers of Moldova and USA. They also lacked a legal government agreement on the entrance of the heavy military equipment and weaponry to the territory of the country. 60% of American servicemen didn’t have valid military IDs. According to a TASS report,  “To prevent collisions, officers from the Fulger (Lightning) police battalion of special purpose intervened, which were specially delivered from Chisinau. After checking the documents, a column of military vehicles followed the US to the place of temporary location at the site of Negresht,” said the inspectorate.” “The initiative to invite the US troops into the country and hold the exhibition of American technology belongs to the Minister of Defense of Moldova Anatol Șalaru, who is famous for the organization of the “Museum of Soviet occupation” in Chisinau, calls to repeal neutrality and make the country a member of NATO, and the fight against monuments of the Soviet era.” This move was harshly criticized by Igor Dodon, whose party has the largest faction in Parliament and controls a quarter of the seats.
  • He stated: “We believe military exercises involving US troops on Moldovan territory is a flagrant violation of the constitutional principle of neutrality of Moldova. In this regard, the deputies from the Party of socialists have already initiated a number of procedures. They will continue, and this will be one of the reasons for introducing in May the initiative to dismiss the government.” By Victory Day it became apparent that the Nuland-Kogan-NATO plan for invasion of Moldova was foiled. All Americans could do was   to “crush” a Victory Day parade in the center of Moldova’s capital by coming uninvited and bringing their motorized vehicles to it. And that’s where NATO troops and Moldovan patriots came face to face. Pindos lost their freaking mind:  An American Colonel demands from the citizen of Moldova to leave the central square ПИНДОСЫ ОХРЕНЕЛИ В КОНЕЦ! Американский полковник предлагает покинуть центральную площадь Кишинева гражданину РМ pic.twitter.com/FfECO3NBXi — Серж Высоцкий (@Albertich50) May 12, 2016 An American Colonel demands from the citizen of Moldova to leave the central square
Paul Merrell

Revealed: How the Nsa Targets Italy - 0 views

espresso.repubblica.it/...the-nsa-targets-italy-1.144428

surveillance state NSA NSA-targets Italy

shared by Paul Merrell on 09 Dec 13 - No Cached
  • A special unit operating under cover and protected by diplomatic immunity, assigned to a very sensitive mission: to spy on the communication of the Italian leadership. That is what top secret documents leaked by Edward Snowden and published in Italy exclusively by l'Espresso in collaboration with "la Repubblica" reveal. A file mentions the "Special Collection Service " (SCS) sites in Rome and in Milan, the very same service which, according to the German weekly "Der Spiegel ", spied on the mobile phone of the German Chancellor, Angela Merkel. "Special Collection Sites", reads the file published today by l'Espresso, "provide considerable perishable intelligence on leadership communications largely facilitated by site presence within a national capital". These documents are very important because they contradict recent statements by the Italian Prime Minister reassuring the Italian Parliament. Speaking to the Chamber of Deputies four weeks ago, Enrico Letta said: "Based on the analysis conducted by our intelligence services and our international contacts, we are not aware that the security of the communications of the Italian government and embassies has been compromised, nor are we aware that the privacy of Italian citizens has been compromised". These top secret documents tell a different story, however.
  • The Special Collection Service is likely one of the most sensitive units in U.S. intelligence. The service deploys teams under diplomatic cover, operating in US embassies around the world to control friendly and enemy governments. The top secret NSA document examined by l'Espresso reveals that "in 1988 [SCS] had 88 sites, our peak". The SCS is assigned to a special mission: monitoring the communications of the political, and likely economical, leaders of host nations. For this reason, SCS teams operate within the heart of power: in embassies and consulates, working in close collaboration with the CIA. Also in Rome, in the US embassy located in via Veneto, from those very same roofs which witnessed the Dolce Vita. Snowden's files reveal that, at least until 2010, the Special Collection Service maintained two sites in Italy: one in Rome, a base staffed with agents, and one in Milan, the capital of the Italian economy where, according to a file dated 2010 and originally published in Der Spiegel, the SCS would run an unmanned site. Two sites in a relatively small country like Italy is unusual: only in Germany -- a prime target for NSA in Europe -- does SCS maintain two bases.
  • NSA's mass spying activities did not target our leadership and diplomacy alone, but it possibly also targeted millions of Italian citizens. A file on the top secret programme "Boundless Informant" that is labeled "Italy" reveals that between December 10, 2012 and January 9, 2013, the NSA collected the metadata for 45.893.570 telephone calls. Estimates close to this figure had already circulated, but now the actual document indicates the penetration of this monitoring. All of the metadata gathered in our country between December 10^th and January 9^th 2013 as reflected on this slide relate to phone communication, unlike the slides published in Germany and France, where internet communication metadata were targeted as well.
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  • The Snowden file examined by l'Espresso reveals that the collection of phone metadata in Italy between December 10, 2012 and January 9, 2013 reached over four million metadata per day during the period of political crisis that culminated in the resignation of the Mario Monti government.
Paul Merrell

​FBI 'intentionally and unlawfully' used No Fly List to recruit Muslims as in... - 0 views

rt.com/...154176-no-fly-us-muslims

security state no-fly-list liberties FBI coercion litigation

shared by Paul Merrell on 24 Apr 14 - No Cached
  • The FBI used a no-fly list to recruit four US Muslims as informants, violating their constitutional rights to freedom of speech, association and religion. That’s the claim being made by four US Muslims in a New York federal court Tuesday. Muhammad Tanvir, Jameel Algibhah, Naveed Shinwari and Awais Sajjad, who are between them either US residents or permanent US residents, are demanding that the FBI remove them from the no-fly list which contains the names of people who are not permitted to board a commercial aircraft for travel in or out of the United States, according to threat and intelligence reporting. "This impermissible abuse of the No Fly List has forced Plaintiffs to choose between their constitutionally-protected right to travel, on the one hand, and their First Amendment rights on the other," says the lawsuit.
  • One of the plaintiffs, Awais Sajjad, a lawful permanent US resident, learned that he was on a No Fly List in 2012 when he tried to board a flight to Pakistan. The FBI agents questioned Sajjad at the airport before releasing him. Soon they returned with an offer: he could work as an FBI informer and in return the agency would give him citizenship and compensation, the Washington Post reported. When he refused, the bureau “kept him on the list in order to pressure and coerce Mr. Sajjad to sacrifice his constitutionally-protected rights,” says the lawsuit. Meanwhile, three other complainants – Tanvir, Algibhah and Shinwari – said they were added to the list immediately after they refused to work as FBI informants for religious reasons.
  • The fourth plaintiff, Muhammad Tanvir, started taking action against the FBI in October 2013, after he refused to spy on his local Pakistani community. Now he can’t visit his ailing mother. Ramzi Kassem, associate professor of law at the City University of New York, told the Washington Post that “the no-fly list is supposed to be about ensuring aviation safety, but the FBI is using it to force innocent people to become informants.” Meanwhile, the lawsuit seeks not only the plaintiffs’ removal from the no-fly list but also the establishment of a more robust legal mechanism to contest placement upon it.
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  • Meanwhile, this is not the first No Fly List-related lawsuit against the FBI. In 2010 the American Civil Liberties Union (ACLU) attempted to sue US Department of Justice and the FBI over their barring of American citizens, including several veterans of the US military, who ended up on the No Fly List and have been denied entry to their own country. The No Fly List was created by the US government’s Terrorist Screening Center (TSC) after the September 11, 2001 attacks on the United States. In 2012, the list was extended to around 21,000 individuals. The list, including US citizens and residents as well as foreigners, has been repeatedly criticized on civil liberties grounds, due to ethnic, religious, economic, political and racial discrimination. It has also raised concerns about privacy and government secrecy.
  • The ACLU called inclusion on a list a potentially “life-altering” experience, adding that “it is not at all clear what separates a ‘reasonable-suspicion-based-on-a-reasonable-suspicion’ from a simple hunch.” Until March, no one had successfully convinced a court to force authorities to take them off the No Fly List. Rahinah Ibrahim, a Malaysian architect, became the first person ever removed from the notorious list after the managed to force officials to admit she had been placed on the list due to an error by the agency.
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
Paul Merrell

Quick facts: What you need to know about the Syria crisis | Mercy Corps - 0 views

www.mercycorps.org/...u-need-know-about-syria-crisis

war & peace Syria war-stats

shared by Paul Merrell on 13 Sep 14 - No Cached
  • Editor's note: This article was originally published on August 13, 2013; it was updated on August 29, 2014 to reflect the latest information. Syria’s civil war is the worst humanitarian disaster of our time. The number of innocent civilians suffering — more than nine million people are displaced, thus far — and the increasingly dire impact on neighboring countries can seem to overwhelming to understand.
  • Three years after it began, the full-blown civil war has killed over 190,000 people, half of whom are believed to be civilians. Bombings are destroying crowded cities and horrific human rights violations are widespread. Basic necessities like food and medical care are sparse. The U.N. estimates that over 6.5 million people are internally displaced — an increase of more than two million in just six months. When you also consider refugees, over half of the country’s pre-war population of 23 million is need urgent humanitarian assistance, whether they still remain in the country or have escaped across the borders.
  • Three million Syrians have registered with the United Nations High Commission of Refugees, who is leading the regional emergency response. But hundreds of thousands more await registration.
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  • Every year of the conflict has seen an exponential growth in refugees. In 2012, there were 100,000 refugees. By April 2013, there were 800,000. That doubled to 1.6 million in less than four months. There are now three million Syrians scattered throughout the region — an increasing number that will soon surpass Afghans as the world's largest refugee population. At this rate, the UN predicts there could be four million Syrian refugees by the end of this year — the worst exodus since the Rwandan genocide 20 years ago.
  • The lack of clean water and sanitation in crowded, makeshift settlements is an urgent concern. Diseases like cholera and polio can easily spread — even more life-threatening without enough medical services. In some areas with the largest refugee populations, water shortages have reached emergency levels; the supply is as low as 30 liters per person per day — one-tenth of what the average American uses.
  • According to the U.N., more than half of all Syrian refugees are under the age of 18. Most have been out of school for months, if not years.
  • In December 2013, the U.N. issued its largest ever appeal for a single crisis — according to their estimates, $6.5 billion is necessary to meet the needs of all those affected by the crisis, both inside and outside Syria, an increase from last year's $5 billion. Yet that previous appeal was only 62 percent funded.
  • Paul Merrell on 13 Sep 14
     
    The U.S. stated basis for supplying weapons and other aid to "moderate Syrian rebels" is humanitarian, that the Assad government is is a repressive government. Nonetheless, President Assad was recently overwhelmingly reelected by Syrian citizens. That fact and the recently updated statistics on this web page certainly put the lie to any "humanitarian" purpose on the part of U.S. government. So why is the U.S. doing this? It's because the U.S. Congress snaps to attention each time the Israeli government demands through the Israel Lobby in the U.S. that the U.S. shed more blood to destabilize and Balkanize Israel's neighbors. And because the radical Sunni dictatorships the U.S. props up on the Arab Gulf Coast push for war against Shia-majority nations in the region.  And it's because Barack Obama is willing to kill countless thousands of people for political reasons. We are ruled by cold-blooded murderers.
Paul Merrell

Four librarians gagged and threatened with prison time under the Patriot Act | Police S... - 0 views

www.policestateusa.com/...librarians-gagged-patriot-act

surveillance state NSLs gag-orders prior-restraint

shared by Paul Merrell on 07 Jul 14 - No Cached
  • Using the broad powers granted under the USA PATRIOT Act, the FBI demanded that 4 librarians produce private information about library patrons’ reading habits, then used an endless gag order to force them to remain silent about the request for the rest of their lives under penalty of prison time.
  • The FBI was demanding that the library hand over private data on library patrons en masse “to protect against international terrorism.” The document that Mr. Christian was given was a so-called National Security Letter (NSL), a type of administrative subpoena for personal information — self-written by the FBI without any probable cause or judicial oversight.  The legal framework for these powerful NSLs was established by Section 505 of the USA PATRIOT Act in 2001. What’s more, Mr. Christian was placed under a perpetual gag order.  The NSL prohibited the recipient “from disclosing to any person that the F.B.I. has sought or obtained access to information or records under these provisions.”  The gag order was broad enough that it was a crime to discuss the matter to any other person — for life.  The USA PATRIOT Act allows for this suppression of speech, and issues a punishment of up to 5 years in prison for anyone caught violating the endless gag order.
  • The only reason we know about this case today is because Mr. Christian and 3 other library board members fought back in court.  
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  • In fact, the librarians were even barred from attending the court hearings on the very precedent-setting lawsuit with which they were involved. 
  • “Our presence in the courtroom was declared a threat to national security,” Mr. Chase related. The gag served to legally prevent Mr. Christian from personally testifying before Congress about the effects of the USA PATRIOT Act before the law’s reauthorization in March of 2006.   It passed through Congress easily and was signed once again by President George W. Bush. Appellate judges were clearly disturbed by the breadth of the NSL gag provisions.  One appellate judge wrote, “A ban on speech and a shroud of secrecy in perpetuity are antithetical to democratic concepts and do not fit comfortably with the fundamental rights guaranteed American citizens… Unending secrecy of actions taken by government officials may also serve as a cover for possible official misconduct and/or incompetence.” Sensing a potential legal defeat, the government took the steps necessary to preserve its powers.  Only a few weeks after the USA PATRIOT Act was renewed, the FBI abandoned the Library Connection case and voluntarily lifted the librarians’ gag order.  This eliminated the possibility that the NSL provisions could be struck down in court, protecting the USA PATRIOT Act from further judicial scrutiny.  In May 2006, the four librarians broke their silence at last.
  • The result could only be considered a partial victory, however.  While the librarians had regained their freedom to speak, they no longer had legal standing to challenge the NSL provisions, meaning that the sweeping power to subpoena and gag American citizens would remain unchecked in the hands of the government — and continue to be used at an alarming rate; tens of thousands of NSLs and gag orders are issued per year in the name of fighting the so-called War on Terror.
Paul Merrell

Loopholes, Filing Failures, and Lax Enforcement: How the Foreign Agents Registration Ac... - 0 views

www.pogo.org/...istration-act-falls-short.html

Congress corruption foreign-agents-registration

shared by Paul Merrell on 20 Dec 14 - No Cached
  • Why This Matters The Foreign Agents Registration Act requires American lobbyists working on behalf of foreign clients to disclose significantly more information about their activities than what is required of domestic lobbyists. This includes the actual documents used to influence policy makers, called informational materials. These materials include draft legislation, speeches, press releases and more, all created to influence U.S. policy. But the lobbyists do not always follow the letter of the law and enforcement by the Justice Department has been lax in recent years. Furthermore, the law itself seems to have loopholes that make enforcement difficult if not impossible. The Foreign Agents Registration Act is intended to bring transparency into the world of foreign lobbying. But when American lobbyists working on behalf of foreign interests fail to follow the law, or the Justice Department fails to enforce it, the American people are left in the dark.
  • Why This Matters The Foreign Agents Registration Act requires American lobbyists working on behalf of foreign clients to disclose significantly more information about their activities than what is required of domestic lobbyists. This includes the actual documents used to influence policy makers, called informational materials. These materials include draft legislation, speeches, press releases and more, all created to influence U.S. policy. But the lobbyists do not always follow the letter of the law and enforcement by the Justice Department has been lax in recent years. Furthermore, the law itself seems to have loopholes that make enforcement difficult if not impossible. The Foreign Agents Registration Act is intended to bring transparency into the world of foreign lobbying. But when American lobbyists working on behalf of foreign interests fail to follow the law, or the Justice Department fails to enforce it, the American people are left in the dark.
  • Executive Summary The Foreign Agents Registration Act (FARA) requires that all American citizens working to influence U.S. policy on behalf of foreign governments register with the Department of Justice and to disclose information on any and all political activity in which they engaged for foreign clients. This includes filing, within 48 hours, any informational materials disseminated to two or more people.
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  • Table of Contents Executive SummaryIntroductionBackgroundWhat the Foreign Influence Database ShowsEgypt: A Case Study Of Foreign InfluenceSame-Day ContributionsSystemic Foreign InfluenceQuid Pro Quo or Coincidence?Foreign Money and the LawLax Compliance with and Enforcement of FARAEnforcementConclusionRecommendationsEndnotes
  • The law requires lobbyists for foreign interests to plainly and conspicuously identify themselves as such in any materials distributed in the course of their lobbying—for example, emails, other correspondence, or publications. We found that many documents filed with the Justice Department lack this identification statement; furthermore, many lobbyists admitted that they did not comply with this requirement. More than half (51 percent) of the registrants we examined in a sample from 2010 checked a box on a the semi-annual Justice Department questionnaire saying they had filed informational materials, and checked another box saying they had not met the legal requirement that they identify themselves in those materials as working on behalf of foreign interests. Toby Moffett, a former Member of Congress from Connecticut who is now Chairman of the Moffett Group and one of its registered lobbyists, told POGO that “Around the edges there’s a lot of loosey-goosey stuff going on. People representing foreign interests and not reporting.”[4] But even when lobbyists do report to the Justice Department, the information they provide is not easily accessible to the public. Astonishingly, informational materials are not available online, despite the fact that the Justice Department has an electronic filing system. Instead, these documents are kept in an office at the Justice Department that is only open for four hours each weekday. Hard copies of the documents are kept in folders that are often disorganized and susceptible to misfiling. This archaic system undermines the intended transparency of the law.
  • We set out to determine the extent to which lobbyists for foreign interests were filing lobbying materials at the Justice Department within the required time frame. Based on a review of filings made in 2012, in those instances where it was possible to answer the question, POGO estimates that almost half—46 percent—were filed late. Fifteen percent were filed more than 30 business days after they were distributed, and 12 percent were filed more than 100 business days after they were distributed. In many instances, the Justice Department would be hard pressed to enforce the filing deadline. Based on the records the Department maintains to enforce the law, we found that in more than a quarter (26 percent) of the 2012 filings, it was impossible to determine whether the lobbyists complied. For example, in many cases, the records did not show when the lobbyists disseminated the materials to the targets of their lobbying. In a glaring omission, the law does not require lobbyists to provide that information. Without it, there may be no way for the government or the public to know whether lobbying materials were filed on time.
  • Though federal law bars foreign money from U.S. political campaigns, there appears to be a gray area in the law that can let in such money indirectly. POGO found many instances in which members of lobbying firms made political contributions to Members of Congress on the same day that those firms were lobbying the Members of Congress or their legislative staffs on behalf of foreign clients.[1] Lobbyists who fail to comply with certain FARA requirements may have little to fear from the Justice Department. “The cornerstone of the Registration Unit’s enforcement efforts is encouraging voluntary compliance,” a Justice Department website says.[2] When lobbyists do not voluntarily comply, the Justice Department rarely uses one of the key tools at its disposal to enforce the law—seeking a court injunction. A representative of the Department’s FARA unit told POGO: “While the FARA statute and regulations authorize the pursuit of formal legal proceedings, such as injunctive remedy options, the FARA Unit [has] not pursued injunctive remedy options recently and has instead utilized other mechanisms to achieve compliance.”[3] It appears that some registered foreign agents have been distributing materials but not filing them with the Justice Department. It’s unclear the extent to which that illustrates a lack of compliance with the law or loopholes in the law. In the process of researching this report, POGO noticed that many more lobbyists were registering as foreign agents than had filed informational materials that we could locate at the FARA office. To determine what was happening, we looked at a sampling of questionnaires that the Justice Department requires registered agents to complete every six months. Some checked one box indicating they had distributed materials and another box stating they did not file them with the FARA office.
  • The Project On Government Oversight examined thousands of these materials spanning four years, as well as additional public records related to the Justice Department’s oversight of lobbyists for foreign interests. We found that lobbyists for foreign interests have routinely failed to comply with the law—a failure that prevents journalists and watchdogs from scrutinizing the lobbying activities while foreign interests are trying to influence U.S. policy. We found a pattern of lax enforcement of FARA requirements by the Justice Department. We found that the Justice Department office responsible for administering the law is a record-keeping mess. And we found loopholes in the law that often makes it difficult if not impossible for the government to police compliance or to discipline lobbyists who fail to comply. Here are some highlights of our investigation:
  • When lobbyists for foreign interests do not follow the law, when the U.S. government fails to enforce it, and when the Justice Department makes it difficult for the American people to access records to which they are legally entitled, the public is left in the dark. To bring more transparency to this opaque realm, POGO has made four years of informational materials available for the first time online with our Foreign Influence Database, allowing the public to see how lobbyists attempt to influence American policies on behalf of their foreign clients.
  • With the release of the Foreign Influence Database, the Project On Government Oversight (POGO) is making years of documents from this key set of FARA filings electronically available for the first time. The materials were previously only available in hard copy at the FARA Registration Unit in Washington, DC, which is only open to the public from 11am to 3pm on weekdays.[12] In this digital age it is surprising that these materials could not be read online and are instead stored in file folders, where they are disorganized and susceptible to misfiling. Even those that were electronically filed by the registrants are not available to the public in an electronic format. POGO’s database includes informational materials filed in 2009, 2010, 2011, and 2012.[13]
  • Paul Merrell on 20 Dec 14
     
    POGO does thorough work and doesn't let up until it gets results. Forcing DoJ to puts its foreign agents registration materials online should be a fairly trivial battle. The real war, though, will be forcing better enforcement. The new database is at http://www.pogo.org/tools-and-data/foreign-influence-database/ I punched up the word "Israel" and came up with 113 documents in the search results. Each search hit lists the name of the nation involved that the lobbying was done for. Of those 113 document hits, only two were for the nation of Israel, both for its Ministry of Tourism. The rest were by other nations who had mentioned Israel in their lobbying materials.  Now that is fairly incredible, given that Israel outright controls Congress when it comes to Middle East policy.  The last administration to attempt to do something about Israeli lobbyists not registering was the the Kennedy Administration. The result was that the major Israeli lobbying group disbanded and was promptly reformed under a new corporate charter and name. That was the very last attempt at enforcing the Foreign Agents Registration Act against Israel's lobbyists in the U.S., despite the fact that the reformed group, AIPAC, has even been caught more than once being passed highly classified U.S. documents by double agents working inside the U.S. military establishment. The leakers went to prison but the AIPACers were never prosecuted. AIPAC rules.  
Paul Merrell

Drone strikes illegal, a war crime: Pakistani high court - Times Of India - 0 views

articles.timesofindia.indiatimes.com/...waziristan-agency-tribal-areas

war & peace Pakistan drones Obama foreign policy

shared by Paul Merrell on 25 May 13 - No Cached
  • ISLAMABAD: A Pakistani high court on Thursday declared the US drone strikes in the country's tribal regions illegal and directed the government to use force to "protect the right to life" of its citizens. Stating that the United States strikes must be declared war crime as these kill innocent people, it also called the government to move a UN resolution against such attacks. The high court in Pakistan's north-western city of Peshawar announced the verdict against the CIA-driven drone strikes on four writ petitions, stating that these attacks kill innocent civilians and cause collateral damage. Time and again, Washington has said that drone attacks target al-Qaida and Taliban safe havens in Pakistan's tribal areas, from where they carry out cross-border attacks in Afghanistan. According to a report submitted by political authorities of North Waziristan Agency, 896 Pakistani civilians living there were killed in the last five years until December 2012 while 209 were seriously injured. "In these drone attacks only 47 foreigners were killed and six injured. Many houses and vehicles and cattle heads worth millions of dollars were destroyed in these attacks. Similarly, in South Waziristan Agency, 70 drone strikes were carried out in the last five years until June 2012 in which 553 people were killed and 126 injured," the report said.
  • "In view of the established facts, undeniable in nature, under the UN Charter & Conventions, the people of Pakistan have every right to ask the security forces either to prevent such strikes by force or to shoot down intruding drones," the court verdict said. "The government of Pakistan must ensure that no drone strike takes place in the future," it added and also asked the ministry of foreign affairs to table a resolution in the UN against the US attacks. In a detailed judgment, the court ordered the government to forthwith assert its sovereignty and convey forcefully to the US that no further drone strikes will be tolerated. It directed the government "to protect the 'right to life' of its citizen and use force if need be to stop extrajudicial killings with drones".
  • Paul Merrell on 25 May 13
     
    I meant to post this link earlier in the month but I am working through a backlog. This ruling by a Pakistan court likely has a lot to do with Obama's announcement earlier this week that the use of drone strikes is being curtailed and the responsibility is being moved to DoD, getting the CIA out of that line of business. 
Paul Merrell

Rules Committee Blocks House from Voting on Grayson Privacy Amendment | Congressman Ala... - 0 views

grayson.house.gov/...g-on-grayson-privacy-amendment

surveillance state NSA legislation

shared by Paul Merrell on 15 Jun 13 - No Cached
  • (WASHINGTON, D.C.) – In a late night meeting yesterday, the House Committee on Rules blocked an amendment by Congressman Alan Grayson (FL-09), which would have prohibited the Department of Defense from collecting internet, telephone and other personal information generated by U.S. citizens, in America, without probable cause of a terrorism or criminal offense. The Rules Committee determines which amendments to a bill will move forward to the House floor for a full vote. There was no recorded vote, but Republicans outnumber Democrats on that committee by nine to four. Rather than allowing the full House of Representatives to vote on Grayson’s amendment, Republicans on the committee prevented the amendment from going on to the Floor.Grayson drafted the amendment in an effort to address detailed reports that the National Security Administration (NSA) is collecting the telephone records and the private internet communications of U.S. citizens in the United States.Grayson blasted the decision, saying that Congress must protect the freedom and privacy of all Americans.“This is an extremely important issue for you, me, and everyone else. According to credible articles, the NSA is compiling personal data on each and every single one of us, even the entirely innocent—for no reason, other than the fact that they can,” Grayson said. “This amendment should have received the full consideration of the House of Representatives, so that those of us who have been elected to represent our constituents can defend our freedom, end this gross invasion of privacy, and ensure that these actions cease immediately.”
  • Paul Merrell on 15 Jun 13
     
    No recorded votes. The good news here is that the illustrious CongressCritters who shot this down were afraid to stand up and be counted. They fear taking a public position on the dragnet surveillance.  
Paul Merrell

NSA oversight dismissed as 'illusory' as anger intensifies in Europe and beyond | World... - 0 views

www.theguardian.com/...veillance-anger-deepens-europe

surveillance state NSA NSA-oversight NSA-blowback IAHCR U.N. legislation Sensenbrenner Leahy

shared by Paul Merrell on 30 Oct 13 - No Cached
  • The Obama administration's international surveillance crisis deepened on Monday as representatives from a Latin American human rights panel told US diplomats that oversight of the programs was "illusory".Members of the Inter-American Commission on Human Rights, an arm of the Organization of American States, expressed frustration and dissatisfaction with the National Security Agency's mass surveillance of foreign nationals – something the agency argues is both central to its existence and necessary to prevent terrorism. "With a program of this scope, it's obvious that any form of control becomes illusory when there's hundreds of millions of communications that become monitored and surveilled," said Felipe Gonzales, a commissioner and Chilean national."This is of concern to us because maybe the Inter-American Committee on Human Rights may become a target as well of surveillance," said Rodrigo Escobar Gil, a commissioner and Colombian citizen.
  • Frank La Rue, the United Nations special rapporteur on the right to freedom of opinion and expression, told the commission that the right to privacy was "inextricably linked" to free expression. "What is not permissible from a human rights point of view is that those that hold political power or those that are in security agencies or, even less, those in intelligence agencies decide by themselves, for themselves, what the scope of these surveillance activities are, or who will be targeted, or who will be blank surveilled," La Rue said.While the US sent four representatives to the hearing, they offered no defence, rebuttal or elaboration about bulk surveillance, saying the October government shutdown prevented them from adequate preparation. "We are here to listen," said deputy permanent representative Lawrence Gumbiner, who pledged to submit written responses within 30 days.All 35 North, Central and South American nations are members of the commission. La Rue, originally from Guatemala and an independent expert appointed by the Human Rights Council, travels the world reporting on human rights concerns – often in countries with poor democratic standards.
  • The Obama administration has been fielding a week's worth of European outrage following media reports that the NSA had collected a similarly large volume of phone calls from France – which director of national intelligence James Clapper, who recently apologised for misleading the Senate about domestic spying, called "false" – and spying on German chancellor Angela Merkel's own cellphone, which US officials have effectively confessed to. Brazil and Mexico are also demanding answers from US intelligence officials, following reports about intrusive acts of espionage in their territory revealed by documents provided to journalists by former NSA contractor Edward Snowden. The White House has said it will provide some answers after the completion of an external review of its surveillance programs, scheduled to be completed before the end of the year. The Guardian reported on Thursday that the NSA has intercepted the communications of 35 world leaders.
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  • Spying on foreigners is the core mission of the NSA, one that it vigorously defends as appropriate, legal and unexceptional given the nature of global threats and widespread spycraft. Monday's hearing suggested that there are diplomatic consequences to bulk surveillance even if there may not be legal redress for non-Americans. Brazil has already shown a willingness to challenge Washington over bulk surveillance. President Dilma Rousseff postponed a September meeting with President Obama in protest, and denounced the spying during the UN general assembly shortly thereafter. Brazil is also teaming up with Germany at the UN on a general assembly resolution demanding an end to the mass surveillance. The commission's examination of the NSA's bulk surveillance activities suggested a potential southern front could open in the spy crisis just as the administration is attempting to calm down Europe.
  • International discomfort with NSA bulk surveillance is not the only spy challenge the Obama administration now confronts. Congressman James Sensenbrenner, the Wisconsin Republican and key author of the 2001 Patriot Act, is poised to introduce a bill this week that would prevent the NSA from collecting phone records on American citizens in bulk and without an individual warrant. The National Journal reported that Sensenbrenner's bill, which has a companion in the Senate, has attracted eight co-sponsors who either voted against or abstained on a July amendment in the House that would have defunded the domestic phone records bulk collection, a legislative gambit that came within seven votes of passage.Sensenbrenner's bill, like its Senate counterpart sponsored by Vermont Democrat Patrick Leahy, would not substantially restrict the NSA's foreign-focused surveillance, which is a traditional NSA activity. There is practically no congressional appetite, and no viable legislation, to limit the NSA from intercepting the communications of foreigners. An early sign about the course of potential surveillance reforms in the House of Representatives may come as early as Tuesday. The House intelligence committee, a hotbed of support for the NSA, will hold its first public hearing of the fall legislative calendar on proposed surveillance legislation. Its chairman, Mike Rogers of Michigan, has proposed requiring greater transparency on the NSA and the surveillance court that oversees it, but would largely leave the actual surveillance activities of the NSA, inside and outside the United States, untouched.
  • Alex Abdo, a lawyer with the ACLU, which requested the hearing at the Inter-American Commission on Human Rights, warned the human rights panel that the NSA could "target the foreign members of this commission when they travel abroad", as well as foreign dissidents of US-aligned governments; foreign lawyers for Guantánamo detainees; and other foreigners."If every country were to engage in surveillance as pervasive as the NSA, we would soon live in a state … with no refuge for the world's dissidents, journalists and human rights defenders," Abdo said.
Paul Merrell

No, Israel Does Not Have the Right to Self-Defense In International Law Against Occupie... - 0 views

www.jadaliyya.com/...ave-the-right-to-self-defense-

war & peace Israel Palestine occupation-law

shared by Paul Merrell on 17 Jul 14 - No Cached
  • On the fourth day of Israel's most recent onslaught against Gaza's Palestinian population, President Barack Obama declared, “No country on Earth would tolerate missiles raining down on its citizens from outside its borders.” In an echo of Israeli officials, he sought to frame Israel's aerial missile strikes against the 360-square kilometer Strip as the just use of armed force against a foreign country. Israel's ability to frame its assault against territory it occupies as a right of self-defense turns international law on its head.  A state cannot simultaneously exercise control over territory it occupies and militarily attack that territory on the claim that it is “foreign” and poses an exogenous national security threat. In doing precisely that, Israel is asserting rights that may be consistent with colonial domination but simply do not exist under international law. 
  • Admittedly, the enforceability of international law largely depends on voluntary state consent and compliance. Absent the political will to make state behavior comport with the law, violations are the norm rather than the exception. Nevertheless, examining what international law says with regard to an occupant’s right to use force is worthwhile in light of Israel's deliberate attempts since 1967 to reinterpret and transform the laws applicable to occupied territory. These efforts have expanded significantly since the eruption of the Palestinian uprising in 2000, and if successful, Israel’s reinterpretation would cast the law as an instrument that protects colonial authority at the expense of the rights of civilian non-combatants.  
  • International Law places the responsibility upon the commanding general of preserving order, punishing crime, and protecting lives and property within the occupied territory. His power in accomplishing these ends is as great as his responsibility.  The extent and breadth of force constitutes the distinction between the right to self-defense and the right to police. Police authority is restricted to the least amount of force necessary to restore order and subdue violence. In such a context, the use of lethal force is legitimate only as a measure of last resort. Even where military force is considered necessary to maintain law and order, such force is circumscribed by concern for the civilian non-combatant population. The law of self-defense, invoked by states against other states, however, affords a broader spectrum of military force. Both are legitimate pursuant to the law of armed conflict and therefore distinguished from the peacetime legal regime regulated by human rights law. 
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  • Military occupation is a recognized status under international law and since 1967, the international community has designated the West Bank and the Gaza Strip as militarily occupied. As long as the occupation continues, Israel has the right to protect itself and its citizens from attacks by Palestinians who reside in the occupied territories. However, Israel also has a duty to maintain law and order, also known as “normal life,” within territory it occupies. This obligation includes not only ensuring but prioritizing the security and well-being of the occupied population. That responsibility and those duties are enumerated in Occupation Law.  Occupation Law is part of the laws of armed conflict; it contemplates military occupation as an outcome of war and enumerates the duties of an occupying power until the peace is restored and the occupation ends. To fulfill its duties, the occupying power is afforded the right to use police powers, or the force permissible for law enforcement purposes. As put by the U.S. Military Tribunal during the Hostages Trial (The United States of America vs. Wilhelm List, et al.)
  • To equate the two is simply to confuse the legal with the linguistic denotation of the term ”defense.“ Just as ”negligence,“ in law, does not mean ”carelessness” but, rather, refers to an elaborate doctrinal structure, so ”self-defense” refers to a complex doctrine that has a much more restricted scope than ordinary notions of ”defense.“  To argue that Israel is employing legitimate “self-defense” when it militarily attacks Gaza affords the occupying power the right to use both police and military force in occupied territory. An occupying power cannot justify military force as self-defense in territory for which it is responsible as the occupant. The problem is that Israel has never regulated its own behavior in the West Bank and Gaza as in accordance with Occupation Law. 
  • Once armed conflict is initiated, and irrespective of the reason or legitimacy of such conflict, the jus in bello legal framework is triggered. Therefore, where an occupation already is in place, the right to initiate militarized force in response to an armed attack, as opposed to police force to restore order, is not a remedy available to the occupying state. The beginning of a military occupation marks the triumph of one belligerent over another. In the case of Israel, its occupation of the West Bank, the Gaza Strip, the Golan Heights, and the Sinai in 1967 marked a military victory against Arab belligerents.  Occupation Law prohibits an occupying power from initiating armed force against its occupied territory. By mere virtue of the existence of military occupation, an armed attack, including one consistent with the UN Charter, has already occurred and been concluded. Therefore the right of self-defense in international law is, by definition since 1967, not available to Israel with respect to its dealings with real or perceived threats emanating from the West Bank and Gaza Strip population. To achieve its security goals, Israel can resort to no more than the police powers, or the exceptional use of militarized force, vested in it by IHL. This is not to say that Israel cannot defend itself—but those defensive measures can neither take the form of warfare nor be justified as self-defense in international law. As explained by Ian Scobbie:  
  • When It Is Just to Begin to Fight  The laws of armed conflict are found primarily in the Hague Regulations of 1907, the Four Geneva Conventions of 1949, and their Additional Protocols I and II of 1977. This body of law is based on a crude balance between humanitarian concerns on the one hand and military advantage and necessity on the other. The post-World War II Nuremberg trials defined military exigency as permission to expend “any amount and kind of force to compel the complete submission of the enemy…” so long as the destruction of life and property is not done for revenge or a lust to kill. Thus, the permissible use of force during war, while expansive, is not unlimited.  In international law, self-defense is the legal justification for a state to initiate the use of armed force and to declare war. This is referred to as jus ad bellum—meaning “when it is just to begin to fight.” The right to fight in self-defense is distinguished from jus in bello, the principles and laws regulating the means and methods of warfare itself. Jus ad bellum aims to limit the initiation of the use of armed force in accordance with United Nations Charter Article 2(4); its sole justification, found in Article 51, is in response to an armed attack (or an imminent threat of one in accordance with customary law on the matter). The only other lawful way to begin a war, according to Article 51, is with Security Council sanction, an option reserved—in principle, at least—for the defense or restoration of international peace and security.
  • Noura Erakat
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