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Paul Merrell

Judicial Watch Played Into The Government's Hands -- Americans Are Blinded By Agendas -... - 0 views

  • Disinformation succeeds because so many people and interest groups across the political spectrum find that it serves their agendas as well as the agenda of the government. Consider for example the explanation of 9/11 that blamed Muslim terrorists for the attack. This served the interests of the neoconservatives, the private armaments companies, the US military, the private security companies, government security agencies such as the CIA, the left-wing, the right-wing, the Israel Lobby, and the print and TV media. The official explanation gave the neoconservatives the “new Pearl Harbor” that they needed for their program of invasions of Middle Eastern countries. The private armaments companies could look forward to decades of high profits. Wars always bring the military rapid promotions and higher retirement benefits. Private manufacturers of security equipment and spyware enjoy a rising demand for their products and have grown fat from the products sold to the TSA and NSA. Homeland Security has vastly expanded the federal workforce and administrative positions. The left-wing has proof of “blowback” caused by US interference in the internal affairs of other countries. The right-wing has proof that America has enemies against whom defense at all costs is necessary. The Israel Lobby has the US to overthrow the regimes in the way of Israel’s territorial expansion. The media has the story of the century with which to boost ratings and curry the favor of government.
  • In other words, the government’s story cannot stand the light cast by the facts and independent experts, and the government’s false story must be protected by shutting down the truth-telling experts. The government, Sunstein argued, needs to either gain control over these experts or to shut them down. Just as many different collections of interest groups and people have stakes in the Obama regime’s story of the killing of Osama bin Laden by US Navy SEALS in Abbottabad, Pakistan. This story and its selling by an enthusiastic media guaranteed Obama’s reelection. It served the emotions of super patriots desperate for revenge who wear their gullibility on their sleeves. It served the myth of CIA and NSA prowess. It served the reputation of the killing power of US Special Forces teams. It proved that America won even though it lost the wars in Iraq and Afghanistan. All the trillions of dollars spent were worth it. We got revenge on the guy who did 9/11. No one remembered that the US government, unable to find bin Laden for 10 years, had settled on a different “9/11 mastermind,” Khalid Sheikh Mohammed, and had him water-boarded 183 times until he confessed to being responsible for 9/11. If Khalid Sheikh Mohammed “was responsible for the 9/11 operation from A to Z,” why were SEALS sent, illegally, into Pakistan to murder bin Laden? As the FBI says, there is no evidence that bin Laden is responsible for 9/11. That is why bin Laden was not wanted on that charge by the FBI, as the FBI publicly stated.
  • Judicial Watch has been trying to pry the (nonexistent) photos of a dead bin Laden from the government’s hands. For “national security reasons” the US government does not want anyone to see evidence that supports its far-fetched tale of bin Laden’s murder. The photographic evidence of a successful raid are off limits. They are like the alleged videos of the airliner hitting the Pentagon that we are not permitted to see for “national security reasons.” In other words, the photos and videos do not exist and never did. No government, not even the American one, would be so totally stupid as to withhold the evidence for its claims. The government, seeing its unbelievable stories lose believability at home and abroad used Judicial Watch’s lawsuit to boost the credibility of its story. Judicial Watch filed a Freedom of Information Act lawsuit for the photos that the Obama regime alleged to have of the murdered bin Laden but refused to release. Obviously, the government has no such photos and never had any such photos. But the government does not need evidence when it can rely on the gullibility of the American people.
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  • How was bin Laden, who was known in 2001 to be suffering from terminal illnesses, including renal failure, and whose death was widely reported in 2001 still alive ten years later to be murdered by SEALs? What sense does it make that the greatest terrorist leader of our time only had two unarmed women to protect him. What sense does it make that the US would murder the terrorist mastermind with all the plots in his head instead of capturing and questioning him? How can anyone be so gullible as to believe such a nonsense tale as told to them by Obama and the presstitute media? Is America really a nation of utter fools? Like the 9/11 story, the story of bin Laden’s murder is losing credibility with the US population. Pakistani National TV shot Obama’s story down with an eyewitness interview that reported that not one single person, dead body, or any piece of evidence left Abbottadad, because the only helicopter that landed blew up when it attempted to leave and there were no survivors. No other helicopters landed. So there was no dead bin Laden to be buried at sea (there are no known witnesses to the alleged burial) and no photographs of a dead bin Laden.
  • As the government had no photos to release, the US government decided to use the opportunity presented by Judicial Watch to bolster its story that photos of bin Laden murdered and dead were once in its possession. The government released to Judicial Watch a document under the Freedom of Information Act that is an order from Special Operations Commander Admiral William McRaven to “destroy immediately” the photos of the dead bin Laden. Judicial Watch took the bait. Instead of realizing that there was no reason whatsoever for the government to destroy the only evidence that might support its claim to have murdered bin Laden, Judicial Watch focused on the illegality of destroying the evidence. Judicial Watch says that “Federal law contains broad prohibitions against the ‘concealment, removal, or mutilation generally’ of government records.” http://www.globalresearch.ca/top-pentagon-leader-ordered-destruction-of-bin-laden-death-photos/5368389 Judicial Watch played into the government’s hands. Judicial Watch president Tom Fitton was maneuvered by the government into defining the scandal as the destruction of evidence, “revealing both contempt for the rule of law and the American people’s right to know.” To the contrary, the real scandal is the massive lie that bin Laden was killed by a SEAL raid and the acceptance of this lie by the American people and Judicial Watch.
  • By damning the government for destroying evidence, Judicial Watch has given credibility to the government’s claim that SEALs murdered Osama bin Laden. The SEAL team credited with bin Laden’s murder was quickly eliminated when the team was loaded onto a 1960s vintage helicopter in Afghanistan. Apparently the team members were asking one another, “Were you on that mission that killed bin Laden?” Of course, no one was, and this information was too dangerous for the Obama regime.
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    Paul Craig Roberts goes on record as a 9-11 Truther and as a deep sceptic of Obama's claim that Seal Team 6 killed Osama bin Laden in 2011. 
Paul Merrell

Judicial Watch: Benghazi Documents Point to White House on Misleading Talking Points - ... - 0 views

  • Judicial Watch announced today that on April 18, 2014, it obtained 41 new Benghazi-related State Department documents. They include a newly declassified email showing then-White House Deputy Strategic Communications Adviser Ben Rhodes and other Obama administration public relations officials attempting to orchestrate a campaign to “reinforce” President Obama and to portray the Benghazi consulate terrorist attack as being “rooted in an Internet video, and not a failure of policy.”  Other documents show that State Department officials initially described the incident as an “attack” and a possible kidnap attempt. The documents were released Friday as result of a June 21, 2013, Freedom of Information Act (FOIA) lawsuit filed against the Department of State (Judicial Watch v. U.S. Department of State (No. 1:13-cv-00951)) to gain access to documents about the controversial talking points used by then-UN Ambassador Susan Rice for a series of appearances on television Sunday news programs on September 16, 2012.  Judicial Watch had been seeking these documents since October 18, 2012. The Rhodes email was sent on sent on Friday, September 14, 2012, at 8:09 p.m. with the subject line:  “RE: PREP CALL with Susan, Saturday at 4:00 pm ET.”  The documents show that the “prep” was for Amb. Rice’s Sunday news show appearances to discuss the Benghazi attack.
  • The document lists as a “Goal”: “To underscore that these protests are rooted in and Internet video, and not a broader failure or policy.” Rhodes returns to the “Internet video” scenario later in the email, the first point in a section labeled “Top-lines”: [W]e’ve made our views on this video crystal clear. The United States government had nothing to do with it. We reject its message and its contents. We find it disgusting and reprehensible. But there is absolutely no justification at all for responding to this movie with violence. And we are working to make sure that people around the globe hear that message. Among the top administration PR personnel who received the Rhodes memo were White House Press Secretary Jay Carney, Deputy Press Secretary Joshua Earnest, then-White House Communications Director Dan Pfeiffer, then-White House Deputy Communications Director Jennifer Palmieri, then-National Security Council Director of Communications Erin Pelton, Special Assistant to the Press Secretary Howli Ledbetter, and then-White House Senior Advisor and political strategist David Plouffe. The Rhodes communications strategy email also instructs recipients to portray Obama as “steady and statesmanlike” throughout the crisis. Another of the “Goals” of the PR offensive, Rhodes says, is “[T]o reinforce the President and Administration’s strength and steadiness in dealing with difficult challenges.” He later includes as a PR “Top-line” talking point: I think that people have come to trust that President Obama provides leadership that is steady and statesmanlike. There are always going to be challenges that emerge around the world, and time and again, he has shown that we can meet them.
  • The documents Judicial Watch obtained also include a September 12, 2012, email from former Deputy Spokesman at U.S. Mission to the United Nations Payton Knopf to Susan Rice, noting that at a press briefing earlier that day, State Department spokesperson Victoria Nuland explicitly stated that the attack on the consulate had been well planned.  The email sent by Knopf to Rice at 5:42 pm said: Responding to a question about whether it was an organized terror attack, Toria said that she couldn’t speak to the identity of the perpetrators but that it was clearly a complex attack. In the days following the Knopf email, Rice appeared on ABC, CBS, NBC, Fox News and CNN still claiming the assaults occurred “spontaneously” in response to the “hateful video.” On Sunday, September 16 Rice told CBS’s “Face the Nation:” But based on the best information we have to date, what our assessment is as of the present is in fact what began spontaneously in Benghazi as a reaction to what had transpired some hours earlier in Cairo where, of course, as you know, there was a violent protest outside of our embassy–sparked by this hateful video. The Judicial Watch documents confirm that CIA talking points, that were prepared for Congress and may have been used by Rice on “Face the Nation” and four additional Sunday talk shows on September 16, had been heavily edited by then-CIA deputy director Mike Morell. According to one email: The first draft apparently seemed unsuitable….because they seemed to encourage the reader to infer incorrectly that the CIA had warned about a specific attack on our embassy.  On the SVTS, Morell noted that these points were not good and he had taken a heavy hand to editing them. He noted that he would be happy to work with [then deputy chief of staff to Hillary Clinton]] Jake Sullivan and Rhodes to develop appropriate talking points.
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  • The documents obtained by Judicial Watch also contain numerous emails sent during the assault on the Benghazi diplomatic facility.  The contemporaneous and dramatic emails describe the assault as an “attack”:
  • “Now we know the Obama White House’s chief concern about the Benghazi attack was making sure that President Obama looked good,” said Judicial Watch President Tom Fitton. “And these documents undermine the Obama administration’s narrative that it thought the Benghazi attack had something to do with protests or an Internet video.  Given the explosive material in these documents, it is no surprise that we had to go to federal court to pry them loose from the Obama State Department.”
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    Has there ever been a White House caught in so many lies as the Obama Administration? Maybe, in Nixon's Watergate years. But IMHO it would take a detailed study to determine the winner. It's close. 
Paul Merrell

Weekly Update: JW Sues for Unmasking Targeting Trump Team - 0 views

  • Much Needed New Scrutiny of the Clinton Foundation   Will there ever be a serious investigation and prosecution of the Clinton cash machine? Maybe. Micah Morrison, our chief investigative reporter, has an important update in his latest Investigative Bulletin:   Rumors have been floating up from Little Rock for months now of a new investigation into the Clinton Foundation. John Solomon advanced the story recently in a January report for The Hill. FBI agents in the Arkansas capital, he wrote, “have taken the lead” in a new Justice Department inquiry “into whether the Clinton Foundation engaged in any pay-to-play politics or other illegal activities while Hillary Clinton served as secretary of state.” Solomon reports that the probe “may also examine whether any tax-exempt assets were converted for personal or political use and whether the foundation complied with applicable tax laws.”   Main Justice also is “re-examining whether there are any unresolved issues from the closed case into Clinton’s transmission of classified information through her personal email server,” Solomon notes.   Solomon is not alone. The Wall Street Journal is tracking the story. And earlier this month, investigative journalist Peter Schweizer cryptically told SiriusXM radio that federal authorities should “convene a grand jury” in Little Rock “and let the American people look at the evidence” about the Clinton Foundation.   Judicial Watch continues to turn up new evidence of Clinton pay-to-play and mishandling of classified information. In recent months, through FOIA litigation, Judicial Watch has forced the release of more than 2,600 emails and documents from Mrs. Clinton and her associates, with more to come. The emails include evidence of Clinton Foundation donors such XL Keystone lobbyist Gordon Griffin, futures brokerage firm CME Group chairman Terrence Duffy, and an associate of Shangri La Entertainment mogul Steve Bing seeking special favors from the State Department. Read more about Judicial Watch’s pay-to-play disclosures here.   Judicial Watch also revealed many previously unreported incidents of mishandling of classified information. Mrs. Clinton and her former State Department deputy chief of staff, Huma Abedin, sent and received classified information through unsecure channels. The emails and documents involved sensitive information about President Obama, the Middle East, Africa, Afghanistan, Mexico, Burma, India, intelligence-related operations and world leaders. For documents and details from Judicial Watch on the mishandling of classified information, see here, here, here and here.   Smelling a rat in Arkansas when it comes to the Clintons of course is nothing new, and the former First Couple are masters of the gray areas around pay-to-play. But mishandling of classified information is a serious matter. And the tax angle is intriguing, even if you’re not Al Capone. The tenacious financial expert Charles Ortel, who has been digging deep into Clinton finances for years, told us back in 2015 that there are “epic problems” with the entire Clinton Foundation edifice, which traces its origins back to Arkansas. He noted that independent accounting firms may have been “duped by false and materially misleading representations” made by Clinton charitable entities. Down in Arkansas, law enforcement may be finally catching up with Ortel’s insights.
Paul Merrell

Judicial Watch: Huma Abedin Emails Reveal Transmission of Classified Information and Cl... - 0 views

  • Judicial Watch today released 1,606 pages of documents from the U.S. Department of State revealing repeated use of unsecured communications for classified information and numerous examples of Clinton Foundation donors receiving special favors from former Secretary of State Hillary Clinton’s staff. The documents, containing emails from the unsecure, non-government account of Huma Abedin, Clinton’s then-deputy chief of staff, also show Clinton or her staff expressing interest in visiting Venezuelan dictator Hugo Chavez and North Korean dictator Kim Jung II. The documents included 91 Clinton email exchanges not previously turned over to the State Department, bringing the known total to date to at least 530 emails that were not part of the 55,000 pages of emails that Clinton turned over to the State Department, and further contradicting a statement by Clinton that, “as far as she knew,” all of her government emails had been turned over to the State Department. The documents were obtained in response to a court order from a May 5, 2015, lawsuit filed against the State Department (Judicial Watch, Inc. v. U.S. Department of State (No. 1:15-cv-00684)) after it failed to respond to a March 18, 2015, Freedom of Information Act (FOIA) request seeking: “All emails of official State Department business received or sent by former Deputy Chief of Staff Huma Abedin from January 1, 2009 through February 1, 2013 using a non-‘state.gov’ email address.”
Paul Merrell

State Department Told to Speed Latest Clinton E-Mail Review - Bloomberg Politics - 0 views

  • A federal judge has ordered the U.S. State Department to accelerate its review of almost 15,000 previously undisclosed documents recovered by the FBI from private e-mail servers used by Hillary Clinton while she was secretary of state.Those documents are among tens of thousands of records the State Department is sifting through to cope with the demands of a Freedom of Information Act lawsuit filed by the conservative group Judicial Watch as the presidential race between Democrat Clinton and Republican Donald Trump enters a crucial phase.U.S. District James Boasberg on Monday ordered the State Department to process that first batch of records by Sept. 22 and report back to him that day. While he didn’t set a schedule for their being made public, a Justice Department lawyer proposed a phased release beginning Oct. 14, a rate that raised the ire of Judicial Watch lawyer Lauren Burke.
  • The slow trickle of disclosures virtually ensures Clinton’s private e-mail use during her term as the top U.S. diplomat will hobble her for the 78 days remaining until Election Day. Bloomberg poll results released Aug. 10 show at least 58 percent of likely voters say they are troubled by the issue, which has been a centerpiece of Trump’s attacks on her trustworthiness.FBI Director James Comey said last month that the agency had found what he described as “several thousand work-related e-mails” that weren’t among the 30,000 she had turned over from her time as secretary of state.While Clinton has said her lawyers provided all work-related e-mails and destroyed the remaining personal communications, Comey contradicted that account, saying the Federal Bureau of Investigation recovered documents from several servers that Clinton had used for her private e-mails as well as by scanning the archives of other U.S. officials.
  • He also said that Clinton’s lawyers had searched only the headings at the top of e-mails to find relevant messages, while agents looked at the entire communications. He said the FBI found no evidence that work-related e-mails were intentionally deleted to conceal them.Justice Department attorney Lisa Olson told Boasberg the State Department review process requires “appraisal” of the public records to determine whether they relate to official business, and a review for responsiveness to the Judicial Watch document demand and whether or not some or all of their content should be deemed exempt from disclosure.“The State Department has concocted a completely new review program under the Freedom of Information Act that we’ve never heard before,” Judicial Watch President Tom Fitton told reporters after the hearing, adding that his organization wants as many documents as possible made public before election day.
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  • The judge acted in one of several suits filed by Judicial Watch, which on Monday released the latest batch of e-mails that it says showed improper efforts by the State Department to aid donors to the Clinton Foundation. A Clinton campaign spokesman said “Hillary Clinton never took actions as Secretary of State because of donations to the Clinton Foundation.”The case is Judicial Watch Inc. v. U.S. Department of State, 15-cv-687, U.S. District Court, District of Washington. (Washington).
Gary Edwards

JW: Obama Admin Knew About Benghazi Before It Happened - 0 views

  • The State Department has yet to turn over any documents from the secret email accounts of Hillary Clinton and other top State Department officials. “These documents are jaw-dropping. No wonder we had to file more FOIA lawsuits and wait over two years for them.  If the American people had known the truth – that Barack Obama, Hillary Clinton and other top administration officials knew that the Benghazi attack was an al-Qaeda terrorist attack from the get-go – and yet lied and covered this fact up – Mitt Romney might very well be president. And why would the Obama administration continue to support the Muslim Brotherhood even after it knew it was tied to the Benghazi terrorist attack and to al Qaeda? These documents also point to connection between the collapse in Libya and the ISIS war – and confirm that the U.S. knew remarkable details about the transfer of arms from Benghazi to Syrian jihadists,” stated Tom Fitton, Judicial Watch president.  “These documents show that the Benghazi cover-up has continued for years and is only unraveling through our independent lawsuits. The Benghazi scandal just got a whole lot worse for Barack Obama and Hillary Clinton.”
  • The DOD documents also contain the first official documentation that the Obama administration knew that weapons were being shipped from the Port of Benghazi to rebel troops in Syria. An October 2012 report confirms: Weapons from the former Libya military stockpiles were shipped from the port of Benghazi, Libya to the Port of Banias and the Port of Borj Islam, Syria. The weapons shipped during late-August 2012 were Sniper rifles, RPG’s, and 125 mm and 155mm howitzers missiles. During the immediate aftermath of, and following the uncertainty caused by, the downfall of the ((Qaddafi)) regime in October 2011 and up until early September of 2012, weapons from the former Libya military stockpiles located in Benghazi, Libya were shipped from the port of Benghazi, Libya to the ports of Banias and the Port of Borj Islam, Syria. The Syrian ports were chosen due to the small amount of cargo traffic transiting these two ports. The ships used to transport the weapons were medium-sized and able to hold 10 or less shipping containers of cargo. The DIA document further details: The weapons shipped from Syria during late-August 2012 were Sniper rifles, RPG’s and 125mm and 155mm howitzers missiles.  The numbers for each weapon were estimated to be: 500 Sniper rifles, 100 RPG launchers with 300 total rounds, and approximately 400 howitzers missiles [200 ea – 125mm and 200ea – 155 mm.] The heavily redacted document does not disclose who was shipping the weapons.
  • Another DIA report, written in August 2012 (the same time period the U.S. was monitoring weapons flows from Libya to Syria), said that the opposition in Syria was driven by al Qaeda and other extremist Muslim groups: “the Salafist, the Muslim Brotherhood, and AQI are the major forces driving the insurgency in Syria.” The growing sectarian direction of the war was predicted to have dire consequences for Iraq, which included the “grave danger” of the rise of ISIS: The deterioration of the situation has dire consequences on the Iraqi situation and are as follows: This creates the ideal atmosphere for AQI [al Qaeda Iraq] to return to its old pockets in Mosul and Ramadi, and will provide a renewed momentum under the presumption of unifying the jihad among Sunni Iraq and Syria, and the rest of the Sunnis in the Arab world against what it considers one enemy, the dissenters. ISI could also declare an Islamic state through its union with other terrorist organizations in Iraq and Syria, which will create grave danger in regards to unifying Iraq and the protection of its territory. Some of the “dire consequences” are blacked out but the DIA presciently warned one such consequence would be the “renewing facilitation of terrorist elements from all over the Arab world entering into Iraqi Arena.”
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  • From a separate lawsuit, the State Department produced a document created the morning after the Benghazi attack by Hillary Clinton’s offices, and the Operations Center in the Office of the Executive Secretariat that was sent widely through the agency, including to Joseph McManus (then-Hillary Clinton’s executive assistant).  At 6:00 am, a few hours after the attack, the top office of the State Department sent a “spot report” on the “Attack on U.S. Diplomatic Mission in Benghazi” that makes no mention of videos or demonstrations: Four COM personnel were killed and three were wounded in an attack by dozens of fighters on the U.S. Diplomatic Mission in Benghazi beginning approximately 1550 Eastern Time….
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    "Administration knew three months before the November 2012 presidential election of ISIS plans to establish a caliphate in Iraq  Administration knew of arms being shipped from Benghazi to Syria (Washington, DC) - Judicial Watch announced today that it obtained more than 100 pages of previously classified "Secret" documents from the Department of Defense (DOD)and the Department of State revealing that DOD almost immediately reported that the attack on the U.S. Consulate in Benghazi was committed by the al Qaeda and Muslim Brotherhood-linked "Brigades of the Captive Omar Abdul Rahman" (BCOAR), and had been planned at least 10 days in advance. Rahman is known as the Blind Sheikh, and is serving life in prison for his involvement in the 1993 World Trade Center bombing and other terrorist acts.  The new documents also provide the first official confirmation that shows the U.S. government was aware of arms shipments from Benghazi to Syria.  The documents also include an August 2012 analysis warning of the rise of ISIS and the predicted failure of the Obama policy of regime change in Syria. The documents were released in response to a court order in accordance with a May 15, 2014, Freedom of Information Act (FOIA) lawsuit filed against both the DOD and State Department seeking communications between the two agencies and congressional leaders "on matters related to the activities of any agency or department of the U.S. government at the Special Mission Compound and/or classified annex in Benghazi." Spelling and punctuation is duplicated in this release without corrections. A Defense Department document from the Defense Intelligence Agency (DIA), dated September 12, 2012, the day after the Benghazi attack, details that the attack on the compound had been carefully planned by the BOCAR terrorist group "to kill as many Americans as possible."  The document was sent to then-Secretary of State Hillary Clinton, then-Defense Secretary Leon P
Gary Edwards

Nate Jackson: Does Seeking to Jail Political Opponents Count as a 'Smidgen of Corruptio... - 0 views

  • And they wonder why people don’t trust the NSA’s mass metadata collection. The conversations that began at least in 2010 continued for three years. In fact, two days before Lerner “apologized” and outed the whole conspiracy, she wrote an email to the acting IRS commissioner’s chief of staff detailing ongoing discussions with DOJ officials. “These new documents show that the Obama IRS scandal is also an Obama DOJ and FBI scandal,” said Judicial Watch President Tom Fitton. “The FBI and Justice Department worked with Lois Lerner and the IRS to concoct some reason to put President Obama’s opponents in jail before his reelection. And this abuse resulted in the FBI’s illegally obtaining confidential taxpayer information. How can the Justice Department and FBI investigate the very scandal in which they are implicated?”
  • The answer to that last, albeit rhetorical, question is that they can’t and they aren’t. Any “investigation” by the DOJ or FBI will no doubt exonerate anyone of importance in the Obama administration. If any guilt is unavoidable, it will be hung around the necks of those rascals in Cincinnati or some other unfortunate scapegoat. All while Lerner continues to enjoy her comfortable retirement, and Obama himself remains untouched. On top of the serious breach of law and abuse of power in targeting Obama’s political opponents, the agencies' carefully crafted stonewall blocked the timely release of information. As with Hillary Clinton’s emails and the Benghazi cover-up, the slow bleed of information leaves the public tired of hearing “old news” and makes it all the more certain the perpetrators won’t face real accountability, much less justice.
  • Finally, we’re reminded of a commencement speech Obama delivered in 2009 at Arizona State University, after university officials declined to give Obama an honorary doctorate. Obama “joked” that “[university president Michael] Crowe and the Board of Regents will soon learn all about being audited by the IRS.” Clearly, that wasn’t much of a joke.
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    "There was "not even a smidgen of corruption" at the IRS, Barack Obama told us in February 2014, though he conceded "there were some bone-headed decisions." That was a bald-faced lie at the time, and new information only reinforces that conclusion. While the mainstream media turns a blind eye and deaf ear, Judicial Watch has continued digging for information regarding IRS targeting of Tea Party and Patriot groups leading up to (and almost surely aiding in) Obama's re-election in 2012. And they discovered some serious collusion that sounds more like something out of Soviet Russia or Red China than here in the U.S. "Judicial Watch … released new Department of Justice (DOJ) and Internal Revenue Service (IRS) documents that include an official 'DOJ Recap' report detailing an October 2010 meeting between Lois Lerner, DOJ officials and the FBI to plan for the possible criminal prosecution of targeted nonprofit organizations for alleged illegal political activity." In other words, imprisoning political opponents. Remember when the IRS initially blamed the whole fiasco on a couple of low-level employees in Cincinnati? Good times. The documents reveal numerous conversations between the three agencies, including Lois Lerner, about creative ways to charge and jail conservatives for the "crime" of political activity opposing Obama. To do so, the DOJ and FBI needed to illegally obtain taxpayer information from the IRS. So the IRS sent the FBI more than one million pages of taxpayer information on 113,000 non-profit groups."
Paul Merrell

Judicial Watch: Court Rules State Department Must Release Clinton Emails Detailing Obam... - 0 views

  • Judicial Watch today announced that U.S. District Judge Amy Berman Jackson has ordered the U.S. Department of State to turn over to Judicial Watch “eight identical paragraphs” of previously redact material in two September 13, 2012, Hillary Clinton emails regarding phone calls made by President Barack Obama to Egyptian and Libyan leaders immediately following the terrorist attack on the U.S. mission in Benghazi.  Both emails had the subject line “Quick Summary of POTUS Calls to Presidents of Libya and Egypt” and were among the emails stored on Clinton’s unofficial email server.  Judge Jackson reviewed the documents directly and rejected the government’s contention that the records had been properly withheld under the FOIA B(5) “deliberative process” exemption. Judge Jackson ruled:  “the two records, even if just barely predecisional, are not deliberative. [The State Department] has pointed to very little to support its characterization of these two records as deliberative, and the Court’s in camera review of the documents reveals that they do not fall within that category.” The full emails may reveal what former Secretary of State Hillary Clinton and President Obama knew about the September 11, 2012, terror attack on the U.S. mission in Benghazi.
Paul Merrell

Fisa court oversight: a look inside a secret and empty process | Glenn Greenwald | Comm... - 0 views

  • Since we began began publishing stories about the NSA's massive domestic spying apparatus, various NSA defenders – beginning with President Obama - have sought to assure the public that this is all done under robust judicial oversight. "When it comes to telephone calls, nobody is listening to your telephone calls," he proclaimed on June 7 when responding to our story about the bulk collection of telephone records, adding that the program is "fully overseen" by "the Fisa court, a court specially put together to evaluate classified programs to make sure that the executive branch, or government generally, is not abusing them". Obama told Charlie Rose last night:"What I can say unequivocally is that if you are a US person, the NSA cannot listen to your telephone calls … by law and by rule, and unless they … go to a court, and obtain a warrant, and seek probable cause, the same way it's always been, the same way when we were growing up and we were watching movies, you want to go set up a wiretap, you got to go to a judge, show probable cause."The GOP chairman of the House Intelligence Committee, Mike Rogers, told CNN that the NSA "is not listening to Americans' phone calls. If it did, it is illegal. It is breaking the law." Talking points issued by the House GOP in defense of the NSA claimed that surveillance law only "allows the Government to acquire foreign intelligence information concerning non-U.S.-persons (foreign, non-Americans) located outside the United States."
  • The decisions about who has their emails and telephone calls intercepted by the NSA is made by the NSA itself, not by the Fisa court, except where the NSA itself concludes the person is a US citizen and/or the communication is exclusively domestic. But even in such cases, the NSA often ends up intercepting those communications of Americans without individualized warrants, and all of this is left to the discretion of the NSA analysts with no real judicial oversight.
  • The NSA's media defenders have similarly stressed that the NSA's eavesdropping and internet snooping requires warrants when it involves Americans. The Washington Post's Charles Lane told his readers: "the government needs a court-issued warrant, based on probable cause, to listen in on phone calls." The Post's David Ignatius told Post readers that NSA internet surveillance "is overseen by judges who sit on the Foreign Intelligence Surveillance Court" and is "lawful and controlled". Tom Friedman told New York Times readers that before NSA analysts can invade the content of calls and emails, they "have to go to a judge to get a warrant to actually look at the content under guidelines set by Congress."This has become the most common theme for those defending NSA surveillance. But these claim are highly misleading, and in some cases outright false.
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  • What is vital to recognize is that the NSA is collecting and storing staggering sums of communications every day. Back in 2010, the Washington Post reported that "every day, collection systems at the National Security Agency intercept and store 1.7 billion e-mails, phone calls and other types of communications." Documents published by the Guardian last week detail that, in March 2013, the NSA collected three billions of pieces of intelligence just from US communications networks alone.In sum, the NSA is vacuuming up enormous amounts of communications involving ordinary Americans and people around the world who are guilty of nothing. There are some legal constraints governing their power to examine the content of those communications, but there are no technical limits on the ability either of the agency or its analysts to do so. The fact that there is so little external oversight is what makes this sweeping, suspicion-less surveillance system so dangerous. It's also what makes the assurances from government officials and their media allies so dubious.
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    Glenn Greenwald strikes again with hard proof from NSA documents, dissecting procedures used throughout the intelligence establishment from the NSA to the President to Congress, casting severe doubt on what we have been told by those defending the NSA surveillance program. I have highlighted only a few points from this lengthy article. As to Greenwald's discussion of the FISA Court's weaknesses, he omitted one that I believe is incredibly, the lack of an adversarial system with a lawyer opposing what the government asks the Court to authorize. True, search warrants are normally issued in the U.S. with only the government represented in the process. But there is a crucial difference: once someone is charged with a crime, the warrant must be disclosed to the defendant who can ask the court to suppress all evidence unlawfully obtained not only through the warrant but also the fruits of any unlawfully obtained evidence, meaning subsequently discovered evidence that would not have been found absent the unlawfully obtained evidence. The same result can happen if the warrant is found to be invalid for any of a variety of reasons, or the officers exceeded the scope of the search authorized.  So in the normal search warrant process, the participation of an adversary attorney is only delayed; it is not virtually eliminated as it is in the FISA Court. Thus far, only those ordered to disclose records to the NSA have been granted standing to oppose disclosure, not those who have been surveilled. The entire U.S. judicial system is built around the principle of an adversarial process. Judges are expected to be neutral arbiters between two or more sides to a dispute. We do not have an inquisitorial system, as is used for example in some European nations, where the judge is also the investigator. The FISA court is presently composed of 11 federal district court judges who also preside over normal cases in their individual districts. Steeped in the adversarial system and th
Paul Merrell

U.S. judge orders discovery to go forward over Clinton's private email system - The Was... - 0 views

  • A federal judge on Tuesday ruled that State Department officials and top aides to Hillary Clinton should be questioned under oath about whether they intentionally thwarted federal open records laws by using or allowing the use of a private email server throughout Clinton’s tenure as secretary of state from 2009 to 2013. The decision by U.S. District Judge Emmet G. Sullivan of Washington came in a lawsuit over public records brought by Judicial Watch, a conservative legal watchdog group, regarding its May 2013 request for information about the employment arrangement of Huma Abedin, a longtime Clinton aide.
  • Sullivan set an April 12 deadline for parties to litigate a detailed investigative plan--subject to court approval--that would reach well beyond the limited and carefully worded explanations of the use of the private server that department and Clinton officials have given. Sullivan also suggested from the bench that he might at some point order the department to subpoena Clinton and Abedin to return all emails related to Clinton’s private account, not just records their camps previously deemed work-related and returned.
  • In granting Judicial Watch’s request, Sullivan said that months of piecemeal revelations about Clinton and the State Department’s handling of the email controversy created “at least a ‘reasonable suspicion’ ” that public access to official government records under the federal Freedom of Information Act was undermined. Sullivan noted that there was no dispute that senior State Department officials were aware of the email set-up from time Clinton took office, citing a January 2009 email exchange including Undersecretary for Management Patrick F. Kennedy, Clinton chief of staff Cheryl D. Mills and Abedin about establishing a “stand-alone network” email system. Sullivan said the State Department’s inspector general last month faulted the department and Clinton’s office for overseeing processes that repeatedly allowed “inaccurate and incomplete” FOIA responses, including a May 2013 reply that found “no records” concerning email accounts Clinton used, even though dozens of senior officials had corresponded with her private account.
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  • Sullivan’s decision came as Clinton seeks the Democratic presidential nomination and three weeks after the State Department acknowledged for the first time that “top secret” information passed through the server.
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    For a federal judge to allow depositions to be taken in a Freedom of Information Act case is rare in the extreme. I know of only two other cases in which it was allowed. It requires a judicial finding that the government agency's affidavits submitted in support of a motion for summary judgment may have been executed in bad faith, i.e., may be perjurious.  
Paul Merrell

European Human Rights Court Deals a Heavy Blow to the Lawfulness of Bulk Surveillance |... - 0 views

  • In a seminal decision updating and consolidating its previous jurisprudence on surveillance, the Grand Chamber of the European Court of Human Rights took a sideways swing at mass surveillance programs last week, reiterating the centrality of “reasonable suspicion” to the authorization process and the need to ensure interception warrants are targeted to an individual or premises. The decision in Zakharov v. Russia — coming on the heels of the European Court of Justice’s strongly-worded condemnation in Schrems of interception systems that provide States with “generalised access” to the content of communications — is another blow to governments across Europe and the United States that continue to argue for the legitimacy and lawfulness of bulk collection programs. It also provoked the ire of the Russian government, prompting an immediate legislative move to give the Russian constitution precedence over Strasbourg judgments. The Grand Chamber’s judgment in Zakharov is especially notable because its subject matter — the Russian SORM system of interception, which includes the installation of equipment on telecommunications networks that subsequently enables the State direct access to the communications transiting through those networks — is similar in many ways to the interception systems currently enjoying public and judicial scrutiny in the United States, France, and the United Kingdom. Zakharov also provides a timely opportunity to compare the differences between UK and Russian law: Namely, Russian law requires prior independent authorization of interception measures, whereas neither the proposed UK law nor the existing legislative framework do.
  • The decision is lengthy and comprises a useful restatement and harmonization of the Court’s approach to standing (which it calls “victim status”) in surveillance cases, which is markedly different from that taken by the US Supreme Court. (Indeed, Judge Dedov’s separate but concurring opinion notes the contrast with Clapper v. Amnesty International.) It also addresses at length issues of supervision and oversight, as well as the role played by notification in ensuring the effectiveness of remedies. (Marko Milanovic discusses many of these issues here.) For the purpose of the ongoing debate around the legitimacy of bulk surveillance regimes under international human rights law, however, three particular conclusions of the Court are critical.
  • The Court took issue with legislation permitting the interception of communications for broad national, military, or economic security purposes (as well as for “ecological security” in the Russian case), absent any indication of the particular circumstances under which an individual’s communications may be intercepted. It said that such broadly worded statutes confer an “almost unlimited degree of discretion in determining which events or acts constitute such a threat and whether that threat is serious enough to justify secret surveillance” (para. 248). Such discretion cannot be unbounded. It can be limited through the requirement for prior judicial authorization of interception measures (para. 249). Non-judicial authorities may also be competent to authorize interception, provided they are sufficiently independent from the executive (para. 258). What is important, the Court said, is that the entity authorizing interception must be “capable of verifying the existence of a reasonable suspicion against the person concerned, in particular, whether there are factual indications for suspecting that person of planning, committing or having committed criminal acts or other acts that may give rise to secret surveillance measures, such as, for example, acts endangering national security” (para. 260). This finding clearly constitutes a significant threshold which a number of existing and pending European surveillance laws would not meet. For example, the existence of individualized reasonable suspicion runs contrary to the premise of signals intelligence programs where communications are intercepted in bulk; by definition, those programs collect information without any consideration of individualized suspicion. Yet the Court was clearly articulating the principle with national security-driven surveillance in mind, and with the knowledge that interception of communications in Russia is conducted by Russian intelligence on behalf of law enforcement agencies.
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  • This element of the Grand Chamber’s decision distinguishes it from prior jurisprudence of the Court, namely the decisions of the Third Section in Weber and Saravia v. Germany (2006) and of the Fourth Section in Liberty and Ors v. United Kingdom (2008). In both cases, the Court considered legislative frameworks which enable bulk interception of communications. (In the German case, the Court used the term “strategic monitoring,” while it referred to “more general programmes of surveillance” in Liberty.) In the latter case, the Fourth Section sought to depart from earlier European Commission of Human Rights — the court of first instance until 1998 — decisions which developed the requirements of the law in the context of surveillance measures targeted at specific individuals or addresses. It took note of the Weber decision which “was itself concerned with generalized ‘strategic monitoring’, rather than the monitoring of individuals” and concluded that there was no “ground to apply different principles concerning the accessibility and clarity of the rules governing the interception of individual communications, on the one hand, and more general programmes of surveillance, on the other” (para. 63). The Court in Liberty made no mention of any need for any prior or reasonable suspicion at all.
  • In Weber, reasonable suspicion was addressed only at the post-interception stage; that is, under the German system, bulk intercepted data could be transmitted from the German Federal Intelligence Service (BND) to law enforcement authorities without any prior suspicion. The Court found that the transmission of personal data without any specific prior suspicion, “in order to allow the institution of criminal proceedings against those being monitored” constituted a fairly serious interference with individuals’ privacy rights that could only be remedied by safeguards and protections limiting the extent to which such data could be used (para. 125). (In the context of that case, the Court found that Germany’s protections and restrictions were sufficient.) When you compare the language from these three cases, it would appear that the Grand Chamber in Zakharov is reasserting the requirement for individualized reasonable suspicion, including in national security cases, with full knowledge of the nature of surveillance considered by the Court in its two recent bulk interception cases.
  • The requirement of reasonable suspicion is bolstered by the Grand Chamber’s subsequent finding in Zakharov that the interception authorization (e.g., the court order or warrant) “must clearly identify a specific person to be placed under surveillance or a single set of premises as the premises in respect of which the authorisation is ordered. Such identification may be made by names, addresses, telephone numbers or other relevant information” (para. 264). In making this finding, it references paragraphs from Liberty describing the broad nature of the bulk interception warrants under British law. In that case, it was this description that led the Court to find the British legislation possessed insufficient clarity on the scope or manner of exercise of the State’s discretion to intercept communications. In one sense, therefore, the Grand Chamber seems to be retroactively annotating the Fourth Section’s Liberty decision so that it might become consistent with its decision in Zakharov. Without this revision, the Court would otherwise appear to depart to some extent — arguably, purposefully — from both Liberty and Weber.
  • Finally, the Grand Chamber took issue with the direct nature of the access enjoyed by Russian intelligence under the SORM system. The Court noted that this contributed to rendering oversight ineffective, despite the existence of a requirement for prior judicial authorization. Absent an obligation to demonstrate such prior authorization to the communications service provider, the likelihood that the system would be abused through “improper action by a dishonest, negligent or overly zealous official” was quite high (para. 270). Accordingly, “the requirement to show an interception authorisation to the communications service provider before obtaining access to a person’s communications is one of the important safeguards against abuse by the law-enforcement authorities” (para. 269). Again, this requirement arguably creates an unconquerable barrier for a number of modern bulk interception systems, which rely on the use of broad warrants to authorize the installation of, for example, fiber optic cable taps that facilitate the interception of all communications that cross those cables. In the United Kingdom, the Independent Reviewer of Terrorism Legislation David Anderson revealed in his essential inquiry into British surveillance in 2015, there are only 20 such warrants in existence at any time. Even if these 20 warrants are served on the relevant communications service providers upon the installation of cable taps, the nature of bulk interception deprives this of any genuine meaning, making the safeguard an empty one. Once a tap is installed for the purposes of bulk interception, the provider is cut out of the equation and can no longer play the role the Court found so crucial in Zakharov.
  • The Zakharov case not only levels a serious blow at bulk, untargeted surveillance regimes, it suggests the Grand Chamber’s intention to actively craft European Court of Human Rights jurisprudence in a manner that curtails such regimes. Any suggestion that the Grand Chamber’s decision was issued in ignorance of the technical capabilities or intentions of States and the continued preference for bulk interception systems should be dispelled; the oral argument in the case took place in September 2014, at a time when the Court had already indicated its intention to accord priority to cases arising out of the Snowden revelations. Indeed, the Court referenced such forthcoming cases in the fact sheet it issued after the Zakharov judgment was released. Any remaining doubt is eradicated through an inspection of the multiple references to the Snowden revelations in the judgment itself. In the main judgment, the Court excerpted text from the Director of the European Union Agency for Human Rights discussing Snowden, and in the separate opinion issued by Judge Dedov, he goes so far as to quote Edward Snowden: “With each court victory, with every change in the law, we demonstrate facts are more convincing than fear. As a society, we rediscover that the value of the right is not in what it hides, but in what it protects.”
  • The full implications of the Zakharov decision remain to be seen. However, it is likely we will not have to wait long to know whether the Grand Chamber intends to see the demise of bulk collection schemes; the three UK cases (Big Brother Watch & Ors v. United Kingdom, Bureau of Investigative Journalism & Alice Ross v. United Kingdom, and 10 Human Rights Organisations v. United Kingdom) pending before the Court have been fast-tracked, indicating the Court’s willingness to continue to confront the compliance of bulk collection schemes with human rights law. It is my hope that the approach in Zakharov hints at the Court’s conviction that bulk collection schemes lie beyond the bounds of permissible State surveillance.
Paul Merrell

And The Benghazi Media Circus Plays On… | Global Research - 0 views

  • A recent article written by this writer for Global Research posted last Saturday – “The Benghazi Scandal Is Obama’s Watergate But Worse” – was written in an effort to seek and uncover the truth. Accurate reporting on major world events is a challenge in today’s world where propaganda and disinformation are mainstream media norms and where virtually all major players in American politics simply lie through their teeth every time they open their mouths in constant effort to look good and cover up the truth. The American public knows this pathetic and sobering fact that deception has come to rule in the world of both politics and the media. People today neither believe their newscasters nor their political leaders. That is why examining the content of the tidal wave of assertions and opinions spewing forth from politicians and pundits in the aftermath of the latest Benghazi revelations must be taken with a grain of salt. Again, truth in today’s world is hard to come by. But as an investigative reporter, presenting a brief overview of recent comments and statements for any informed citizen to process and digest seems a worthwhile and important enterprise.
  • A timeline of recently unfolding events: On 10/12/12 exactly one month after the Benghazi incident, the legal conservative group Judicial Watch filed a Freedom of Information Act request seeking documents related to the Benghazi attack on September 11th, 2012 that killed the US Ambassador to Libya Christopher Stevens and three other Americans. Obama, who had campaigned on a promise of transparency in the criminal wake of the Bush regime, has proven to be anything but open and transparent. Having to sue the US government for access to the records, on April 18th, 2014, a full year and a half later, the Obama administration’s stonewalling ultimately failed and Judicial Watch successfully got hold of 41 State Department Benghazi related documents. Emails between high level White House officials discussing damage control strategies in the immediate aftermath of the Benghazi assault were released last week. Jubilant Republicans are now calling one of those emails their “smoking gun,” believing it is so incriminating that it will do in their would-be opponent Hillary Clinton from potentially competing in the 2016 presidential election.
  • The newly declassified email written by Obama’s then Deputy Strategic Communications Adviser Ben Rhodes specifically directed then UN Ambassador Susan Rice in preparation for her Sunday morning talk show appearances on September 16th, 2012 to explain the administration’s take on what it knew of the Benghazi murders. Rhodes advised Rice to attribute the Benghazi uprising as “rooted in an Internet video, and not a failure of policy,” pushing talking points designed to bolster Obama’s presidential image as a cool-as-a-cucumber-under-fire kind of wise and benevolent leader and statesman. The major emphasis of the email instructed Rice to blame the bogus anti-Moslem video as inciting a spontaneous protest like in other countries in the region that apparently grew violently out of control, of course all the while knowing that that was a boldface lie. This crucial piece of evidence proves that President Obama and Secretary of State Hillary Clinton both knew that the video did not cause the attack but that they chose to willfully deceive the American public in order to protect their own political careers and hence was born the infamously never ending Benghazi cover-up. Obama and Hillary withheld this damning email evidence even from the House Oversight Committee led by Congressman Darrel Issa (R-CA) requesting all documents pertaining to Benghazi more than a year ago. With the presidential election less than two months away at the time of the attack, Obama and Hillary were determined at all cost to keep hidden from Americans the real truth of criminal Benghazi activity they were guilty of engaging in during the months leading up to the attack. Last Thursday an angry Issa subpoenaed current Secretary of State John Kerry to appear before the committee on May 21st to further explain why those critical State Department records recently given to Judicial Watch were not among the 3200 documents originally handed over to his committee well over a year ago.
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  • Investigative reporter Kenneth R. Timmerman as author of a new forthcoming book entitled ‘Dark Forces: The Truth About What Happened in Benghazi’ states: We know that orders were issued, then recalled, to deploy a 50-man Special Forces unit from Croatia that could have reached Benghazi within hours.Timmerman concludes that to date no documents revealing the person who ordered that unit to stand down have yet to surface.
  • Within hours of the general’s testimony came rebukes from both the senior Republican and Democrat on the powerful House Armed Services Committee making claims backing the administration’s that the military was incapable of responding in time to assist the ill-fated Americans in Benghazi. Because they represent the military in Congress that had already drawn the conclusion that nothing tactically could have been done to save the four Americans, they were quick to rebut the general’s testimony. Yet the day before 9/11 every year since 9/11/01 including on 9/10/11, the president meets with top military and security personnel to ensure that US embassies around the globe are bolstered with much needed extra security for 9/11 readiness. Yet the Benghazi compound was so insecure despite repeated requests, both Obama and the military apparently failed to have any military units on standby that could reach Benghazi to be of service on the night of 9/11/12. And this comes after intelligence sources have been reporting insufficient security at the Benghazi embassy compound.
  • Another disclosure at last Thursday’s House Oversight Committee hearing further damaging the credibility and actions of the Obama administration came from retired Air Force General Robert Lovell who at the time of Benghazi was in Germany serving as the senior African Command deputy director for intelligence. Lovell testified, “We should have sent help,” adding that the White House decision not to attempt military assistance due to the time factor was unacceptable. Lovell also stated unequivocally that the military knew that the Benghazi attack had nothing to do with the video falsely used by the administration to explain away the tragedy. The ex-general felt his military should have intervened and was waiting all night long for the call that never came from his bosses in Washington. Clearly he feels a sense of remorse and regret over the passivity imposed on him by his commander-in-chief Obama and State Department head Clinton.
  • Meanwhile, last week in a heated exchange with ABC correspondent Jon Karl a visibly agitated White House Press Secretary Jay Carney insisted that Rhodes’ email was not related to Benghazi at all but referred to the Moslem protests generally taking place in the region in response to the video. The next day Fox reporter Ed Henry engaged Carney on the same issue, eliciting the same haranguing reaction. All this appears to be yet more desperate lies in a feeble attempt to cover his bosses’ Obama and Hillary’s asses called criminal guilt, and by so doing committing his own. Carney had been among the original recipients of Rhodes’ email. Carney further explained that the same Rhodes talking points echoed those delivered earlier to Congress and the White House by deputy CIA director Mike Morell who a month ago claimed he received no pressure or influence from anyone in the Obama administration in coming up with his version of what most likely transpired on 9/11/12 based on all CIA intelligence sources available at the time. Yet on his own Morell admitted to toning down the intelligence reports leading up to the Benghazi attack purposely so as to not appear to be an “I told you so” gesture that would offend Hillary and her State Department. That said, Hillary’s underling and rising star Victoria Nuland (the later promoted to profanity-speaking Assistant Secretary of State who played such a key role in the recent US backed fascist Ukrainan coup) objected to Morell’s talking points that in her mind leaned too heavily toward blaming her boss and their State Department for insufficient security at the Benghazi compound. Her words:
  • Why do we want Hill to start fingering Ansar Al Sharia [the known al Qaeda affiliated attackers that murdered the four Americans], when we aren’t doing that ourselves until we have the investigation results…and the penultimate point could be abused by Members to beat the State Department for not paying attention to Agency warnings so why do we want to feed that?… Concerned.Observe how the exclusive focus of all post-Benghazi interdepartmental correspondence from Rhodes’ to Morell’s to Nuland’s all center on appearance and potential perception to avoid CYA blame. Furthest down on their priority list is honest and truthful disclosure and self-accountability. Again, the name of the game in the world of politics is passing the buck whenever possible to minimize potential heat that comes with looking bad and maximizing looking good by any means or lies necessary. Benghazi perfectly illustrates all of this.
  • Based on the information finally coming to light all last week, last Friday House Speaker John Boehner (R-OH) called for a special select committee not unlike the one for Watergate to further investigate Benghazi. Representative Trey Gowdy (SC-R) has already been selected as its lead investigator. This grandstanding ploy seems a bit superfluous and redundant since the House Oversight Committee has ostensibly been trying to get to the bottom of Benghazi for nearly a year and a half, albeit thus far ineffective in its results, no help from the State Department’s prior email omissions. Not only is Benghazi the hot topic buzzing here in America, on that same day last Friday, more bullets was buzzing in Benghazi as well. Nine police security soldiers were gunned down by, you guessed it, the same murderers still remaining at large that were behind the 9/11/12 Benghazi attack – the militant group the US has for years labeled an al Qaeda affiliated terrorist organization Ansar al-Sharia. After massacring 31 peaceful demonstrators protesting outside the militants’ headquarters last June, last week’s massacre is a powerful statement showing that the terrorists are still in charge in Benghazi and immune from any accountability from the US installed puppet government either in Tripoli or Washington. They remain free men at large despite Obama’s promise to hunt them down and bring them to justice.
  • The senior Democratic House Intel Committee Representative Adam Schiff (D-CA) typifies the partisan Obama-Hillary politics games of each side racing to the media to point fingers at each other in their same old, same old blame game. On Sunday Schiff stated he does not want any Democrats to participate in the newly forming select committee that the Republican House Speaker Boehner has just recently called for, already naming its GOP chair. That is simply a game the Dems will refuse to play. Why? Because Republicans cannot make them. Sound familiar? Perhaps your 7-year old child might employ this same game strategy. Insider Dems like former White House advisor turned ABC analyst (and another original recipient of Rhodes’ infamous email) David Plouffe conveniently took to ABC’s Sunday morning On This Week with George Stephanopoulos crying foul even louder with their familiar “conspiracy” chant they customarily use to discredit any criticism leveled at the Obama administration. His cries reaching desperation this week accuse a “very loud, delusional minority” of Republicans of an obsessive politics game over Benghazi. Another all too familiar grade school tactic, whatever misbehavior you are accused of, simply accuse your enemy of the same offense, an old early childhood trick that you never need outgrow in the world of politics.
  • Still another indignant reaction hardcore defenders of Hillary and Obama are now quick to cite are the thirteen embassy attacks that occurred as so called “Benghazi’s on Bush’s watch” when not a peep was ever heard from the press. This straw house strategy is designed to show how Republicans and Fox News are hypocritical in their obsession to find dirt on Benghazi where they deny any exists. Yet this accusation seems to omit one very significant fact. Not one of those embassy attacks during the Bush regime resulted in any murdered Americans, much less four of them and one being a US Ambassador, something that has not happened in the last 32 years before Benghazi. The media circus demonizing partisan politics players on both sides epitomizes why the US government is so utterly broken, horribly dysfunctional, morally bankrupt and totally ineffective in addressing any and all of the most pressing problems facing America and the world today. The blame game is all they know. Yet in all their exaggeration, lies, name calling and finger pointing, not one of them is even addressing the pink elephant in the room.
  • Obama, Hillary and then CIA Director retired General Betrayus Petraeus were/are international gun running criminal outlaws of the worst kind, working with the very same al Qaeda terrorist bunch that murdered those four nearly forgotten Americans. US tax dollars were/are going into the pockets of Ansar al-Sharia and al Qaeda mercenaries that looted Muammar Kaddafi’s gold cache and enormous weapon arsenal that included chemical weapons as well as surface to air missiles. And Obama, Petraeus and 2016 presidential heir apparent Hillary were in deep over their heads under Hillary and Stevens’ State Department cover, shipping them from Benghazi through Turkey to Syria to covertly fight a war by proxy against Assad’s government forces. After more than three bloody years, to this day the US is still bent on destroying another sovereign nation posing absolutely no security threat to America. These are the war crimes constantly being committed by Obama, Petraeus and Hillary and their lies upon lies are unraveling at an accelerated clip with each passing month. Thus, expect to see more desperate acts of aggression from desperate despots who know that their jig is up. Yet desperate despots do not care how many humans they will take down with them. But justice for these longtime perpetrators of multiple crimes against humanity will be served in the end.
Paul Merrell

DOJ Sued For Records About Lynch's Meeting With Clinton | The Daily Caller - 0 views

  • Judicial Watch filed a lawsuit Wednesday against the Department of Justice for records related to the meeting between then-Attorney General Loretta Lynch and former President Bill Clinton while his wife was under an FBI investigation in the 2016 presidential campaign. The conservative nonprofit watchdog group filed the suit after the Justice Department failed to respond to a June 29, 2016, Freedom of Information Act (FOIA) request seeking transcripts of the June 2016 meeting, communications regarding the encounter, and any references to the meeting in Lynch’s calendar.
  • “The infamous tarmac meeting between President Clinton and AG Lynch is a vivid example of why many Americans believe the Obama administration’s criminal investigation into Hillary Clinton was rigged,” Judicial Watch President Tom Fitton said. “Now it will be up to Attorney General Sessions at the Trump Justice Department to finally shed some light on this subversion of justice,” Fitton said. (VIDEO: Why Did Bill Clinton And Loretta Lynch Meet On Her Airplane In Phoenix This Week?) Clinton and Lynch met privately on a plane parked at the Phoenix Sky Harbor International airport on June 27, 2016. The FBI was investigating a private email server Clinton’s wife and then-Democratic presidential nominee Hillary Clinton used during her time as secretary of state. The FBI interviewed her just days after her husband met with Lynch. Lynch admitted that the meeting “cast a cloud” over the investigation. Clinton was not punished for what FBI Director James Comey called “extremely careless” actions surrounding her server. Judicial Watch also requested the Justice Department’s inspector general investigate the meeting. The watchdog group also filed a lawsuit in October seeking FBI interviews into Clinton’s email practices, related communications, and records regarding the tarmac meeting.
Gary Edwards

Judicial Watch's 'Most Wanted Corrupt Politicians' for 2011: Executive Edition - 1 views

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    Wow! Stunning summary of corruption and the determined undermining of the Constitution at the highest levels of government.
Gary Edwards

The Purchase Of Our Republic | Zero Hedge - 0 views

  • The massive consolidation of wealth, combined with the removal of any limits on money in campaigns, has allowed for the purchase of our government. Today I am publishing a comprehensive and important guest essay, The Purchase of Our Republic, by longtime correspondent Y. Falkson.
  • Americans know that something is wrong, deeply wrong. They see signs of the problem everywhere: income inequality, growing concentration and power of mega corporations, political donations/corruption, the absence of jobs with decent salaries, the explosion of the US prison population, healthcare costs, student loan debt, homelessness, etc. etc.  However, the true causes and benefactors behind these problems are purposely hidden from view. What Americans see is Kabuki Theater of a functioning form of capitalism and democracy, but beyond this veneer our country has devolved into the exact opposite. Those who benefit from this crony capitalist state go to extreme lengths to paper over the reality and convince Americans that the system works, the American Dream is still a reality and that American democracy is in fact democratic. Below I hope to begin to outline some of the underlying dynamics and trends that have evolved in recent decades and led us so far from what we once were. As fun as it would be, the answer is not some evil conspiracy by the Illuminati, but rather the unfortunate result of three long term and mutually reinforcing components that have been attacking the fundamental roots of the structure of our Republic. The first is the increased concentr
  • ation of corporate and private wealth. Both of which are quickly yelled down in the media as anti-free market and class war hysteria. The second is the use of this wealth to capture all three branches of government in order to ensure the continued extraction of capital from the many and to the few.The rich might have climbed the ladder because they earned it, but they have then purchased government to pull up the ladder behind them. The consequence of the first two components is a democracy in name only that represents the very few.
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  • 1. Faux Capitalism = Wealth Consolidation / Income Inequality
  • While there is no true beginning to the story, we can start with the incredible build up and concentration of wealth among corporations in recent decades. The USA now boasts a cartel-like set of corporate titans in almost every industry. It goes beyond, but certainly includes, our Too Biggerer To Fail banks, merged from what was 37 banks in 1995 into a Frankenstein’s monster like 5 (Citigroup, JP Morgan-Chase, Bank of America, Wells Fargo and Goldman Sachs). In agriculture, Monsanto alone controls over 85% of all corn and soy bean crops, four companies control 83% of the beef market, 66% of the hog market and 58% of the chicken market. So while shopping at the grocery store might appear to be the manifestation of capitalism at its finest, it doesn’t take much digging to look behind the curtain to see how little competition truly exists.
  • When the average American goes to pick up some groceries, they are shopping at Walmart and buying something from P&G that is mostly made of Monsanto corn. Is that true choice? The same story plays out with our news and media (and other industries) where we have gone from 50 companies in 1983 to the big 6 which control over 90% of all media. Is choosing to watch one of 30 news channels, all of which are owned by News Corp (Rupert Murdoch) a real choice? This is not capitalism and they are not competing, not in the true sense of the word. Along with this consolidation of corporations in recent decades, their senior leaders have taken up a larger and larger piece of the pie at the expense of their employees. In particular, the ratio of CEO-to-worker pay has increased 1,000 percent since 1950. Unsurprisingly, Walmart is both the largest employer in the country and the worst CEO pay offender with a ratio of over 1000:1. This is at a time where worker productivity has increased significantly, something that historically correlated with increased pay. But no more. It’s a new twist on the old Soviet saying “we pretend to work and they pretend to pay us”, but now it’s closer to “we do all of the work and they pretend to pay us”.
  • Private Wealth: As a consequence of the royal tribute we pay to the C-suite class these days, we have likely surpassed the pre-Depression Roaring Twenties in terms of inequality.
  • This, amazingly, has only accelerated since the crisis in 2008 in thanks to bailouts, Quantitative Easing and other gifts from Congress and the Fed. The wealthy 1% and in particular the .01% have now grown their fortunes to levels that tax comprehension and even their ability to spend it (the decisions by a few billionaires such as Bill Gates to essentially donate his fortune is a tacit acknowledgement that our current system over provides wealth to a select few).
  • So what is an incredibly wealthy capitalist CEO of a mega-corporation do once they control their industry and have essentially limitless wealth? Well in a competitive market, the only way to go from the top is down and the only thing that can make that happen is competition. Consequently, competition must be avoided whenever possible.
  • To squash or prevent competition, the oligopolies and oligarchs target their resources on the one place that can make competition illegal, our government.Something to keep in mind the next time you see a corporate billionaire grandstanding about the importance of “Free Markets” when their strategy is quite the opposite. As this capture of the government has taken place we have essentially shifted from capitalism and to crony capitalism. So we now have industries that have mastered the art of faking capitalism by turning our government into one that fakes democracy. This government takeover took time, but the purchase of all 3 branches of government has almost been completed by 2014. You don’t have to take my word for it, luckily that has now been empirically proven in an analysis of over 20 years of government policy where the clear conclusion was that policy makers respond solely to those in the top 90th percentile and essentially ignore the large majority of Americans.
  • 2. Wealthy Purchase of Government Institutions / Elections
  • Purchase of the Executive Branch:
  • Let’s take a step back and take a glimpse at how the government was purchased, beginning with the executive branch. In 1980, Reagan’s election cost less than $300 million. When Bush beat Kerry in 2004, it cost almost 3x times as much, almost $900 Million. 4 years later, the 2008 election cost a record $1.3 Billion. It was in this election where Obama hammered the final nail in the coffin for government funded for elections. Obama, more so than any other candidate in recent decades had the widespread support of millions of small donors, but in the end I guess it wasn’t enough. So when Obama “leaned to the green”, it forever set the precedent that you can’t win without the backing of our nation’s oligarchs. Consequently, the money has only gushed in since as the cost of Obama’s reelection in 2012 skyrocketed to an unfathomable $7 billion. Needless to say this is slightly above the rate of inflation. Our Presidents are now preselected exclusively by a tiny fraction of Americans can have the money to fund what has become necessary for a legitimate run. Summary: Candidates spend years courting the super-rich to build up a multi-billion dollar war chest. Only those who succeed can actually run a campaign that an average American will be aware of. Then Americans get to choose one of the pre-selected “candidates”. No wonder voter turnout is so low… Executive branch, check!
  • – Note that media corporations benefit doubly as they can use their cash to fund elections, but are also the beneficiary of all that money as it is used for campaign spending.
  • Purchase of the Legislative Branch:
  • The process has progressed similarly in Congress. In 1978, outside groups spent $303,000 on congressional races. In 2012 that was up to $457,000,000. That is over 1,500 times the level in 1978. It would be funny, if it was so blatant and terrifying. By many accounts, our “leaders” in Congress spend 50% or more of their time working the phones or fundraisers rather than trying (and failing) to actually do the “people’s business”. Let’s also take a minute to appreciate the hypocrisy of anyone that pretends that the money doesn’t influence our government. Businesses do not give to politicians for charity. This is a payment for services that has proven exceedingly reliable and profitable. The ROI for money invested in purchasing Congressman is what CEO dreams are made of. No wonder the incentive is to invest in Congress rather than R&D or marketing. There are very few places in the world or times in history where you can find ROI’s in the thousands, or even the tens of thousands.
  • Review: Congressmen beg for money to get elected, make sure to vote the way your benefactors would like, consequently get more money to get elected again. If at any point they do lose or quit, they take the big payday to work for those who have been paying them all along. Legislative Branch, Check!
  • In addition, increasingly those who work on Congress (and regulators) were previously employed by these large corporations or expect to work there later. A recent example is Chris Dodd who left the Senate the head lobbyist for Hollywood at the MPAA, the guys behind SOPA and PIPA, but there are many many others.
  • Judicial Branch Endorsement of the Purchase of Government:
  • Last but not least, we have the enabling Judicial Branch. It only took a few purchased presidents to ensure the appointment of a majority of “free market” and “pro-business” judges. For instance, and disgracefully, Clarence Thomas was once legal counsel for Monsanto, but has not once recused himself from any cases involving Monsanto and always votes in their favor. These radicals have now fully endorsed and enabled the influx of money used to purchase the other branches. Specifically, 2 major decisions have completely opened the floodgates, Citizens United and McCutcheon. The first allowed unlimited contributions of corporate money into elections and brought us the notorious declaration that “corporations are people” and that “money is free speech”. This was more recently followed up with the private wealth equivalent in McCutcheon. In this ruling, Supreme Court Chief Justice John Roberts said as part of his majority opinion (presumably with a straight face) “… nor does the possibility that an individual who spends large sums may garner influence over or access to elected officials or political parties”. And with this, the Supreme Court has fully endorsed both major sources of immense wealth to purchase our elections and consequently our government. Review: The rich fund Presidential elections, Presidents nominate “business-friendly” judges and then the bought Congress approves their nominations. New judge then votes to ensure even more money is allowed to purchase elections. Judicial Branch, CHECK!
  • 3. A Faux Republic Dependent Upon the Funders and Not the Voters
  • The Founder’s Hope and the Sad Reality:
  • Acknowledging where we are as a country, it is often helpful to look to where we started for some perspective. Unsurprisingly, this type of problem was not overlooked back in the 18th century. In 1776, James Madison stated that his goal was to design a republic in which “powerful interest groups would be rendered incapable of subdoing the general will”. Madison hoped, perhaps naively, that factions would be thwarted by competing with other factions. Sadly, we are now in a time where factions (aka wealthy special interests) subdue the will of the people and ensure the government responds to them alone on those issues where they have a “special interest” and consequently asymmetric stakes in the game (Charles Hugh Smith). As a result, these groups essentially collude to allocate their resources to their own issues, but do not “thwart” or compete with other factions as they do the same. It’s a pretty great system, as long as you’re one of the wealthy few who can use their money to drown out the poor and voiceless many. And just like that, what was once a Republic has become a corrupt shell of its past self. All the signs are still there; votes, elections, campaigns, branches of government, etc., but behind the scenes the only ones represented are those who can afford to be heard.
  • Summary: This massive consolidation of wealth, combined with the removal of any limits on money in campaigns, has allowed for the purchase of our government, or as Dick Durban once stated, “frankly they [the banks in this case] own the place”. If money = free speech, then those with all the money, have all the free speech.
  • What Might Help? Now that I have likely and thoroughly depressed the reader, let’s bounce around some ideas for what can be done. As stated in the beginning, this is not an unknown problem and many people are promoting a number of ways to fix or at least ameliorate the problem. I will briefly describe just a few which I think provide some direction any of us could easily implement or support.
  • Change the Rules: Laurence Lessig of Harvard Law has put forward a visionary proposal for re-writing the way that campaigns are financed in his book, Republic, Lost: How Money Corrupts Congress--and a Plan to Stop It. Put simply, he would like to empower every voter with a stipend, say $150 per election to give to whatever candidate or candidates they prefer. If you would like to accept this money, you would need to forgo any other contributions or support (one would hope including the indirect PAC kind). This would actually provide even more money than is used in current elections, but would effectively democratize the funding process. While there would still be a “funding election” that takes place before the actual election, the funding would not be unequally provided. Lessig’s work has only begun, as this sort of bill or likely constitutional reform is nearly impossible to achieve, but he has undertaken and I assume will continue to implement many brave and creative ways of bringing about the change all American’s should support. Most recently he has suggested we begin to fund, ironically enough, a Super PAC to end all Super PACs. It would be funded with the solitary goal of changing how money impacts our elections. Please support them here: www.mayone.us/
  • Change Our Day-to-Day: At the more micro level, Charles Hugh Smith believes that we will inevitably see our overly centralized and inefficient system erode away as it is replaced by more resilient, local and efficient businesses and societies outside of the current system. With that in mind, he recommends that “all anyone can do is the basic things--lower our energy footprint, stay healthy and avoid unnecessary medications and procedures, support local businesses, organic food growers, etc. In other words, what we can do is support local businesses that are part of the emerging economy rather than support corporate cartels.” Your Vote Does Matter: Do you live in Ohio, Florida or New Hampshire? Probably not. Despite what we are told every 4 years, there are actually states outside of the “swing states”, and even more surprising, the very large majority of Americans live in those states where your “vote doesn’t matter”. New Yorkers an Californians all know their state will turn Blue no matter who the candidates are and either don’t vote at all, or often vote for the Blue team in order to feel like they are on the winning side.
  • The truth is that if you see the election as Red vs. Blue, you vote probably doesn’t matter. But here is the trick, if all the people who think their vote didn’t matter decided to vote for whom they might actually believe in, then their votes just might matter.
  • What if all the growing number of “Independents” (who usually still vote Blue), chose to vote for a third party? What if a third party candidate won a state like New York or California? What if that candidate was one whose primary promise to the voters was to champion a change to the role of money in government (perhaps in line with what Lessig proposes)? Would you vote for such a person?I would argue you should. If California alone (with 55 electoral votes) were to vote for a 3rd party that would likely prevent either Red or Blue candidate from winning the requisite 270 electoral votes.
  • Think about the message that would send to both parties. I would predict that both sides would start to bend over backwards for an endorsement from that 3rd party and they would have to get it by taking up the same primary cause for reforming money in government. Consequently, at the root of our corrupted system which is perpetually ignored as both sides might suddenly become the big issue of the election. Then maybe we might begin to turn things around.
  • Sources: Charles Hugh Smith (oftwominds, Surivival+, etc.), Yves Smith (Naked Capitalism, Econned), Laurence Lessig (Republic Lost, multiple TED Talks), Matt Taibbi (blog at Rolling Stone and now at The Intercept), Zero Hedge, John Robb, Max Keiser, Clay Shirky (Cognitive Surplus), Aldous Huxley (Brave New World, Brave New World Revisited), George Orwell (1984), Michael Lewis, Daniel Kahneman (Thinking Fast and Slow), James Richards (Currency Wars), Han Joon Chang (23 Things They Don’t Tell You About Capitalism) and Joseph Stiglitz (Mismeasuring Our Lives) 
Gary Edwards

Saul Alinsky Leaves the White House | The American Spectator - 0 views

  •  
    "When Barack Obama leaves the White House tomorrow, he leaves with his worst dreams unrealized. Still, what he leaves behind is awful. Thank goodness he'll be gone. The very day after Obama was elected in 2008, I predicted in this space that his team would steal the Senate by hook and crook (see: Al Franken); nuke the filibuster at least for judicial nominees; liberalize voting laws (or enforcement thereof) to make fraud easier while charging opponents with "vote suppression"; drum up spurious allegations of civil rights violations; punish anti-abortion protesters; enact "copious new regulations, especially environmental, to be used selectively to ensnare other conservative malcontents"; invasively use the IRS to harass conservative organizations; and tacitly encourage civil unrest in furtherance of Obamite goals. All those predictions of course came true. Obama and company also waged bureaucratic war against independent inspectors general; tried their hardest (even illegally) to hobble fossil fuels industries; evaded Congress's intent by sending cash and uranium to a near-nuclear-ready Iran; fumbled and stumbled while veterans suffered virtually criminal neglect; wasted hundreds of billions of taxpayer dollars on projects that were not "shovel-ready" and did not create many jobs; oversaw an economy in which the workforce participation rate dropped to historically low levels while real median household income also fell and personal debt rose, and in which food stamp rolls grew to a number larger than the population of Spain; horrendously politicized the Justice Department; and saw race relations worsen for the first time in decades. In what should have been treated by the media as major scandals (or more major than the media represented them), the Obama administration encouraged illegal gun-running to Mexican cartels, with untold numbers of resultant deaths; failed to provide adequate security before or rescue during the Benghazi tragedy; provide
Paul Merrell

Court refuses to combine dozens of cases over Clinton emails | TheHill - 0 views

  • A federal court is denying the State Department’s efforts for judges to coordinate on the roughly three-dozen pending lawsuits related to former Secretary Hillary Clinton’s emails.The decision from the U.S. District Court for the District of Columbia is a setback for the department, which had complained that the multiple legal fronts were draining its limited resources.ADVERTISEMENTBut the multiple cases were at such different points in their development, Chief Judge Richard Roberts wrote in an order released Thursday, it made little sense to combine them.“Many of the underlying cases have been pending for several years and a significant number of scheduling orders have already been entered,” Roberts wrote.The decision to deny the State Department’s request was unanimous, Roberts added.
  • However, he noted that individual judges have “committed to informal coordination so as to avoid unnecessary inefficiencies and confusion.”The State Department has complained about the multiple public records lawsuits, which seek to force into the light various documents from Clinton’s personal server during her time at State.Last month, the government filed a request seeking to have a single judge coordinate responses to 32 of them. That would cut down on the “confusion, inefficiencies and advantages given to some requesters at the expense of others,” the department claimed.“It will put some order to what has been a chaotic situation,” government lawyer Elizabeth Shapiro said at the time. In denying the government's motion, the individual cases will continue to move along on a relatively scattershot basis. Any one of the 17 judges involved in the cases has the power to order the State Department to release certain documents or, if they so chose, order new searches on Clinton’s private server.Organizations suing the government called the court’s decision a win.
  • The government's request was a “desperate effort to buy time for itself and Hillary Clinton,” Tom Fitton, the head of the conservative group Judicial Watch, said in a statement. Judicial Watch has filed a total of 18 lawsuits involving Clinton’s emails.“With this obstruction out of the way, we are one step closer to the legal reckoning for Mrs. Clinton’s and the State Department’s contempt for the rule of law.”A State Department spokesman declined to comment.  
Paul Merrell

Spy Chief James Clapper Wins Rosemary Award - 0 views

  • Director of National Intelligence James Clapper has won the infamous Rosemary Award for worst open government performance in 2013, according to the citation published today by the National Security Archive at www.nsarchive.org. Despite heavy competition, Clapper's "No, sir" lie to Senator Ron Wyden's question: "Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?" sealed his receipt of the dubious achievement award, which cites the vastly excessive secrecy of the entire U.S. surveillance establishment. The Rosemary Award citation leads with what Clapper later called the "least untruthful" answer possible to congressional questions about the secret bulk collection of Americans' phone call data. It further cites other Clapper claims later proved false, such as his 2012 statement that "we don't hold data on U.S. citizens." But the Award also recognizes Clapper's fellow secrecy fetishists and enablers, including:
  • Gen. Keith Alexander, director of the NSA, for multiple Rose Mary Woods-type stretches, such as (1) claiming that the secret bulk collection prevented 54 terrorist plots against the U.S. when the actual number, according to the congressionally-established Privacy and Civil Liberties Oversight Board (PCLOB) investigation (pp. 145-153), is zero; (2) his 2009 declaration to the wiretap court that multiple NSA violations of the court's orders arose from differences over "terminology," an explanation which the chief judge said "strains credulity;" and (3) public statements by the NSA about its programs that had to be taken down from its website for inaccuracies (see Documents 78, 85, 87 in The Snowden Affair), along with public statements by other top NSA officials now known to be untrue (see "Remarks of Rajesh De," NSA General Counsel, Document 53 in The Snowden Affair).
  • Robert Mueller, former FBI director, for suggesting (as have Gen. Alexander and many others) that the secret bulk collection program might have been able to prevent the 9/11 attacks, when the 9/11 Commission found explicitly the problem was not lack of data points, but failing to connect the many dots the intelligence community already had about the would-be hijackers living in San Diego. The National Security Division lawyers at the Justice Department, for misleading their own Solicitor General (Donald Verrilli) who then misled (inadvertently) the U.S. Supreme Court over whether Justice let defendants know that bulk collection had contributed to their prosecutions. The same National Security Division lawyers who swore under oath in the Electronic Frontier Foundation's Freedom of Information Act lawsuit for a key wiretap court opinion that the entire text of the opinion was appropriately classified Top Secret/Sensitive Compartmented Information (release of which would cause "exceptionally grave damage" to U.S. national security). Only after the Edward Snowden leaks and the embarrassed governmental declassification of the opinion did we find that one key part of the opinion's text simply reproduced the actual language of the 4th Amendment to the U.S. Constitution, and the only "grave damage" was to the government's false claims.
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  • President Obama for his repeated misrepresentations about the bulk collection program (calling the wiretap court "transparent" and saying "all of Congress" knew "exactly how this program works") while in effect acknowledging the public value of the Edward Snowden leaks by ordering the long-overdue declassification of key documents about the NSA's activities, and investigations both by a special panel and by the Privacy and Civil Liberties Oversight Board. The PCLOB directly contradicted the President, pointing out that "when the only means through which legislators can try to understand a prior interpretation of the law is to read a short description of an operational program, prepared by executive branch officials, made available only at certain times and locations, which cannot be discussed with others except in classified briefings conducted by those same executive branch officials, legislators are denied a meaningful opportunity to gauge the legitimacy and implications of the legal interpretation in question. Under such circumstances, it is not a legitimate method of statutory construction to presume that these legislators, when reenacting the statute, intended to adopt a prior interpretation that they had no fair means of evaluating." (p. 101)
  • Even an author of the Patriot Act, Rep. Jim Sensenbrenner (R-WI), was broadsided by the revelation of the telephone metadata dragnet. After learning of the extent of spying on Americans that his Act unleashed, he wrote that the National Security Agency "ignored restrictions painstakingly crafted by lawmakers and assumed plenary authority never imagined by Congress" by cloaking its actions behind the "thick cloud of secrecy" that even our elected representatives could not breech. Clapper recently conceded to the Daily Beast, "I probably shouldn't say this, but I will. Had we been transparent about this [phone metadata collection] from the outset … we wouldn't have had the problem we had." The NSA's former deputy director, John "Chris" Inglis, said the same when NPR asked him if he thought the metadata dragnet should have been disclosed before Snowden. "In hindsight, yes. In hindsight, yes." Speaking about potential (relatively minimal) changes to the National Security Agency even the president acknowledged, "And all too often new authorities were instituted without adequate public debate," and "Given the unique power of the state, it is not enough for leaders to say: Trust us. We won't abuse the data we collect. For history has too many examples when that trust has been breached." (Exhibit A, of course, is the NSA "watchlist" in the 1960's and 1970's that targeted not only antiwar and civil rights activists, but also journalists and even members of Congress.)
  • The Archive established the not-so-coveted Rosemary Award in 2005, named after President Nixon's secretary, Rose Mary Woods, who testified she had erased 18-and-a-half minutes of a crucial Watergate tape — stretching, as she showed photographers, to answer the phone with her foot still on the transcription pedal. Bestowed annually to highlight the lowlights of government secrecy, the Rosemary Award has recognized a rogue's gallery of open government scofflaws, including the CIA, the Treasury Department, the Air Force, the FBI, the Federal Chief Information Officers' Council, and the career Rosemary leader — the Justice Department — for the last two years. Rosemary-winner James Clapper has offered several explanations for his untruthful disavowal of the National Security Agency's phone metadata dragnet. After his lie was exposed by the Edward Snowden revelations, Clapper first complained to NBC's Andrea Mitchell that the question about the NSA's surveillance of Americans was unfair, a — in his words — "When are you going to stop beating your wife kind of question." So, he responded "in what I thought was the most truthful, or least untruthful, manner by saying 'no.'"
  • After continuing criticism for his lie, Clapper wrote a letter to Chairman of the Senate Select Committee on Intelligence Dianne Feinstein, now explaining that he misunderstood Wyden's question and thought it was about the PRISM program (under Section 702 of the Foreign Intelligence Surveillance Act) rather than the telephone metadata collection program (under Section 215 of the Patriot Act). Clapper wrote that his staff "acknowledged the error" to Senator Wyden soon after — yet he chose to reject Wyden's offer to amend his answer. Former NSA senior counsel Joel Brenner blamed Congress for even asking the question, claiming that Wyden "sandbagged" Clapper by the "vicious tactic" of asking "Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?" Meanwhile, Steve Aftergood of the Federation of American Scientists countered that "it is of course wrong for officials to make false statements, as DNI Clapper did," and that in fact the Senate Intelligence Committee "became complicit in public deception" for failing to rebut or correct Clapper's statement, which they knew to be untruthful. Clapper described his unclassified testimony as a game of "stump the chump." But when it came to oversight of the National Security Agency, it appears that senators and representatives were the chumps being stumped. According to Representative Justin Amash (R-Mich), the House Intelligence Committee "decided it wasn't worthwhile to share this information" about telephone metadata surveillance with other members of Congress. Classified briefings open to the whole House were a "farce," Amash contended, often consisting of information found in newspapers and public statutes.
  • The Emmy and George Polk Award-winning National Security Archive, based at the George Washington University, has carried out thirteen government-wide audits of FOIA performance, filed more than 50,000 Freedom of Information Act requests over the past 28 years, opened historic government secrets ranging from the CIA's "Family Jewels" to documents about the testing of stealth aircraft at Area 51, and won a series of historic lawsuits that saved hundreds of millions of White House e-mails from the Reagan through Obama presidencies, among many other achievements.
  • Director Clapper joins an undistinguished list of previous Rosemary Award winners: 2012 - the Justice Department (in a repeat performance, for failure to update FOIA regulations for compliance with the law, undermining congressional intent, and hyping its open government statistics) 2011- the Justice Department (for doing more than any other agency to eviscerate President Obama's Day One transparency pledge, through pit-bull whistleblower prosecutions, recycled secrecy arguments in court cases, retrograde FOIA regulations, and mixed FOIA responsiveness) 2010 - the Federal Chief Information Officers' Council (for "lifetime failure" to address the crisis in government e-mail preservation) 2009 - the FBI (for having a record-setting rate of "no records" responses to FOIA requests) 2008 - the Treasury Department (for shredding FOIA requests and delaying responses for decades) 2007 - the Air Force (for disappearing its FOIA requests and having "failed miserably" to meet its FOIA obligations, according to a federal court ruling) 2006 - the Central Intelligence Agency (for the biggest one-year drop-off in responsiveness to FOIA requests yet recorded).   ALSO-RANS The Rosemary Award competition in 2013 was fierce, with a host of government contenders threatening to surpass the Clapper "least untruthful" standard. These secrecy over-achievers included the following FOI delinquents:
  • Admiral William McRaven, head of the Special Operations Command for the raid that killed Osama Bin Laden, who purged his command's computers and file cabinets of all records on the raid, sent any remaining copies over to CIA where they would be effectively immune from the FOIA, and then masterminded a "no records" response to the Associated Press when the AP reporters filed FOIA requests for raid-related materials and photos. If not for a one-sentence mention in a leaked draft inspector general report — which the IG deleted for the final version — no one would have been the wiser about McRaven's shell game. Subsequently, a FOIA lawsuit by Judicial Watch uncovered the sole remaining e-mail from McRaven ordering the evidence destruction, in apparent violation of federal records laws, a felony for which the Admiral seems to have paid no price. Department of Defense classification reviewers who censored from a 1962 document on the Cuban Missile Crisis direct quotes from public statements by Soviet Premier Nikita Khrushchev. The quotes referred to the U.S. Jupiter missiles in Turkey that would ultimately (and secretly) be pulled out in exchange for Soviet withdrawal of its missiles in Cuba. The denials even occurred after an appeal by the National Security Archive, which provided as supporting material the text of the Khrushchev statements and multiple other officially declassified documents (and photographs!) describing the Jupiters in Turkey. Such absurd classification decisions call into question all of the standards used by the Pentagon and the National Declassification Center to review historical documents.
  • Admiral William McRaven memo from May 13, 2011, ordering the destruction of evidence relating to the Osama bin Laden raid. (From Judicial Watch)
  • The Department of Justice Office of Information Policy, which continues to misrepresent to Congress the government's FOIA performance, while enabling dramatic increases in the number of times government agencies invoke the purely discretionary "deliberative process" exemption. Five years after President Obama declared a "presumption of openness" for FOIA requests, Justice lawyers still cannot show a single case of FOIA litigation in which the purported new standards (including orders from their own boss, Attorney General Eric Holder) have caused the Department to change its position in favor of disclosure.
Paul Merrell

Second judge says Clinton email setup may have been in 'bad faith' | Reuters - 0 views

  • A second federal judge has taken the rare step of allowing a group suing for records from Hillary Clinton's time as U.S. secretary of state to seek sworn testimony from officials, saying there was "evidence of government wrong-doing and bad faith."The language in Judge Royce Lamberth's order undercut the Democratic presidential contender's assertion she was allowed to set up a private email server in her home for her work as the country's top diplomat and that the arrangement was not particularly unusual.He described Clinton's email arrangement as "extraordinary" in his order filed on Tuesday in federal district court in Washington.Referring to the State Department, Clinton and Clinton's aides, he said there had been "constantly shifting admissions by the Government and the former government officials."Spokesmen for Clinton did not immediately respond to a request for comment.
  • The case is a civil matter, but the order adds to the legal uncertainty that has overshadowed Clinton's campaign to be the Democratic nominee in the Nov. 8 presidential election. The FBI is also conducting a criminal inquiry into the arrangement after it emerged that classified government secrets ended up in Clinton's unsecured email account. Clinton has said she does not think she will be charged with a crime. Lamberth's order granted the request by Judicial Watch, a conservative watchdog group suing the department under open records laws, to gather evidence, including sworn testimony. The group has filed several lawsuits, including one seeking records about the 2012 attack in Benghazi, Libya, that killed U.S. Ambassador Christopher Stevens and three other Americans."Where there is evidence of government wrong-doing and bad faith, as here, limited discovery is appropriate, even though it is exceedingly rare in FOIA (freedom-of-information) cases," Lamberth noted in his order.The government is normally given the benefit of the doubt that it properly searched and produced records.
  • Since the email arrangement came to public knowledge a year ago, the State Department has found itself defending Clinton in scores of lawsuits from groups, individuals and news outlets who say they were wrongly denied access to Clinton's federal records. Clinton left the department in 2013, but did not return her email records to the government until nearly two years later. Last month, Judge Emmet Sullivan, who is overseeing a separate Judicial Watch lawsuit over other Clinton-related records, allowed a similar motion for discovery.
Paul Merrell

How the FBI Created a Terrorist - The Intercept - 0 views

  • Informant-led sting operations are central to the FBI’s counterterrorism program. Of 508 defendants prosecuted in federal terrorism-related cases in the decade after 9/11, 243 were involved with an FBI informant, while 158 were the targets of sting operations. Of those cases, an informant or FBI undercover operative led 49 defendants in their terrorism plots, similar to the way Osmakac was led in his. In these cases, the FBI says paid informants and undercover agents are foiling attacks before they occur. But the evidence suggests — and a recent Human Rights Watch report on the subject illustrates — that the FBI isn’t always nabbing would-be terrorists so much as setting up mentally ill or economically desperate people to commit crimes they could never have accomplished on their own.
  • At least in Osmakac’s case, FBI agents seem to agree with that criticism, though they never intended for that admission to become public. In the Osmakac sting, the undercover FBI agent went by the pseudonym “Amir Jones.” He’s the guy behind the camera in Osmakac’s martyrdom video. Amir, posing as a dealer who could provide weapons, wore a hidden recording device throughout the sting. The device picked up conversations, including, apparently, back at the FBI’s Tampa Field Office, a gated compound beneath the flight path of Tampa International Airport, among agents and employees who assumed their words were private and protected. These unintentional recordings offer an exclusive look inside an FBI counterterrorism sting, and suggest that, even in the eyes of the FBI agents involved, these sting targets aren’t always the threatening figures they are made out to be.
  • OW OSMAKAC CAME to the attention of law enforcement in the first place is still unclear. In a December 2012 Senate floor speech, Dianne Feinstein, chairwoman of the Senate Intelligence Committee, cited Osmakac’s case as one of nine that demonstrated the effectiveness of surveillance under the FISA Amendments Act. Senate legal counsel later walked back those comments, saying they were misconstrued. Osmakac is among terrorism defendants who were subjected to some sort of FISA surveillance, according to court records, but whether he was under individual surveillance or identified through bulk collection is unknown. Discovery material referenced in a defense motion included a surveillance log coversheet with the description, “CT-GLOBAL EXTREMIST INSPIRED.” If he first came onto the FBI’s radar as a result of eavesdropping, then it’s plausible that as part of the sting, the FBI manufactured another explanation for his targeting. This is a long-running, if controversial process known as “parallel construction,” which has also been used by the U.S. Drug Enforcement Administration when drug offenders are identified through bulk collection and then prosecuted for drug crimes. In court records, the FBI maintained that Osmakac came to agents’ attention through Dabus. The informant reached out to the FBI after meeting Osmakac, and soon offered him a job at Java Village.
  •  
    A judge denied the defense access to FBI transcripts of conversations among agents on grounds that they would provide no assistance to the defense beyond what was available to the defense by discovery. He also entered a protective order barring their disclosure. The defendant was found guilty and sentenced to 40 years in prison.  But the FBI transcripts were leaked to The Intercept, apparently by someone inside the Dept. of Justice or the judicial system, since the defense never was provided with them. The transcripts along with evidence from the case and gathered through interviews provide a chilling look into the methods the FBI uses to manufacture "terrorists" for prosecution and conviction (in this case victimizing a young Muslim American with a severe mental illness), obviously only for propaganda and to justify its counter-terrorism budget. This is an area that needs Congressional attention. The courts' protections from entrapment are far too lax, particularly when members of a particular religion are being targeted for political reasons and anti-Muslim hysteria is sweeping the land. The government should not be permitted to manufacture criminals.
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