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Paul Merrell

Missouri house bans cellphone tracking without a warrant, 134-13 | Tenth Amendment Cent... - 0 views

blog.tenthamendmentcenter.com/...cking-without-a-warrant-134-13

surveillance state Missouri NSA-blowback NSA-reform legislation

shared by Paul Merrell on 16 Mar 14 - No Cached
  • Yesterday, the Missouri house overwhelmingly approved a bill to ban the obtaining of cellphone location tracking information without a warrant. House Bill 1388 (HB1388) prohibits use of such information in civil or criminal proceedings, and even bans its use as “an affidavit of probable cause in an effort to obtain a search warrant.” Introduced by Rep. Robert Cornejo, the measure passed by a vote of 134-13. HB1388 will not only add a key protection to bolster the privacy rights of Missourians from potential local abuse, it will also end some practical effects of unconstitutional data gathering by the federal government. NSA collects, stores, and analyzes data on countless millions of people without a warrant, and without even the mere suspicion of criminal activity. The NSA tracks the physical location of people through their cellphones. In late 2013, the Washington Post reported that NSA is “gathering nearly 5 billion records a day on the whereabouts of cellphones around the world.” This includes location data on “tens of millions” of Americans each year – without a warrant. Through fusion centers, state and local law enforcement act as “information recipients” to various federal departments under Information Sharing Environment (ISE). ISE partners include the Office of Director of National Intelligence, which is an umbrella covering 17 federal agencies and organizations, including the NSA.
  • The NSA expressly shares warrantless data with state and local law enforcement through a super-secret DEA unit known as the Special Operations Division (SOD). That information is being used for criminal prosecutions. Reuters reported that most of this shared data has absolutely nothing to do with national security issues. Most of it involves routine criminal investigations. In short – banning state government entities in Missouri from obtaining phone location tracking information without a warrant will block them from receiving that kind of information from federal agencies who routinely collect it without warrant. HB1388 is part of a package of bills designed to thwart the surveillance state being considered in the Missouri legislature this year.  SB819 would deny compliance and material support from the state to the NSA as long as they continue their unconstitutional spying programs. SJR27 would amend the Missouri State Constitution to protect residents’ electronic data from warrantless searches. HB1388 now moves to the State Senate where it will first be assigned to a committee for approval before the full senate has an opportunity to send it to Gov. Nixon’s desk for a signature.
Paul Merrell

Call for punishment of Missouri police behind crackdown on journalists - Reporters With... - 0 views

en.rsf.org/missouri-22-08-2014,46833.html

civil liberties Ferguson reporter-arrests ACLU

shared by Paul Merrell on 28 Aug 14 - No Cached
  • At least 15 journalists have been unfairly arrested during the clashes between the police and protesters in Ferguson, Missouri, after a white officer shot dead a young unarmed black man, Michael Brown, on 9 August. As rioting has gripped the town for almost two weeks, police have cracked down on the journalists covering the violence. The arbitrary detention of Washington Post reporter Wesley Lowery and Ryan J. Reilly of the Huffington Post on 13 August appeared at first to be isolated instances as a result of the protests getting out of hand, but they were followed by the arrests of at least 13 more journalists, three of them German and one Turkish. All were handcuffed as a matter of routine. The freelance photojournalist Coulter Loeb, on assignment for the Cincinnati Herald, is the most recent to have been placed under arrest. He was held for six hours overnight on 19 August. Journalists are also victims of police brutality. According to Al-Jazeera correspondent Ash-har Quraishi, tear gas was deliberately aimed at his crew.
  • “Reporters Without Borders calls for the punishment of the officers responsible for the arbitrary arrests of journalists covering the demonstrations,” said Camille Soulier, the head of the organization’s Americas desk. “The arrest of journalists for reporting on the riots are in flagrant violation of International conventions as well as the U.S. constitution. An investigation must be carried out to identify the officers that deliberately assaulted and threatened those working for the media. There could be further wrongful arrests unless the authorities take decisive action against such shortcomings on the part of the police.” A resolution passed by the U.N. Human Rights Council in March this year urges states to “pay particular attention to the safety of journalists and media workers covering peaceful protests.” On 15 August, the American Civil Liberties Union and the Missouri police authorities signed an agreement that they “acknowledge and agree that the media and members of the public have the right to record public events without abridgement unless it obstructs the activities or threatens the safety of others, or physically interferes with the ability of law enforcement officers to perform their duties.”
  • Such an agreement may appear unnecessary in the land of the First Amendment, but it should act as a reminder to officers on the ground. In addition, Reporters Without Borders and more than 40 other media organizations have signed a letter at the instigation of the Reporters Committee for Freedom of the Press requesting the Missouri police authorities to allow journalist to do their work. The journalists arrested in Ferguson are listed on the website of the Freedom of the Press Foundation. The United States is ranked 46th of 180 countries in the 2014 Reporters without Borders press freedom index, 13 places below its position in the 2013 edition.
  • Paul Merrell on 28 Aug 14
     
    Tragically, the ACLU had to get a stipulation with state, county, and Ferguson city police that reporters and the press have a right to record public events on video  "without abridgement unless it obstructs the activity or threatens the safety of others or physically interferes or interferes with the ability of law enforcement officers to perform their duties" The ACLU lawsuit over the rough stuff against reporters is still pending.  One might hope that word would have got around by now among all police in America that the Supreme Court has ruled that the public has that right under the First Amendment, but there remains a fairly constant flow of cops who arrest people for recording their activities, seize their cameras, or break them. And playing rough with reporters is plain stupid; it's just asking for a scandal. Police in the U.S. have no right to be dumb as a doornail.
Paul Merrell

Yellowstone Oil Spills Expose Threat to Pipelines Under Rivers Nationwide | Inside Clim... - 0 views

insideclimatenews.org/...elines-under-rivers-nationwide

environment pipeline-river-crossings pipelinestan

shared by Paul Merrell on 22 Feb 15 - No Cached
  • At the time the Poplar pipeline ruptured, about 110 feet of it was completely uncovered along the bottom of the Yellowstone River, exposing it to damage.
  • Bridger Pipeline LLC was so sure its Poplar oil line was safely buried below the Yellowstone River that it planned to wait five years to recheck it. But last month, 3.5 years later, the Poplar wasn't eight feet under the river anymore. It was substantially exposed on the river bottom—and leaking more than 30,000 gallons of oil upstream from Glendive, Montana. An ExxonMobil pipeline wasn't buried deeply enough for the Yellowstone River, either. High floodwaters in 2011 uncovered the Silvertip pipe, leaving it defenseless against the fast-moving current and traveling debris. It broke apart in July, and sent 63,000 gallons of oil into the river near Laurel, Montana.
  • Both companies underestimated the river's power and its penchant for scouring away the earth that's covering and protecting their pipelines. That miscalculation led to the Exxon Silvertip spill and it's likely to be declared a significant factor, at a minimum, in the Poplar spill. Such misjudgments have potentially troubling implications nationwide, since pipelines carrying crude oil and petroleum products pass beneath rivers and other bodies of water in more than 18,000 places across America. Many of them are buried only a few feet below the water. "There were a lot of people who wanted to think that the last pipeline spill in the Yellowstone River in 2011 was a freak accident that would never happen again. After this most recent spill, no one believes that anymore," said Scott Bosse, Northern Rockies director for American Rivers. "The truth is, there are probably hundreds of pipelines across the country that are at considerable risk of rupturing under our rivers."
  • ...4 more annotations...
  • While corrosion is the No. 1 cause of pipeline spills, a sizable number of pipelines at water crossings have ruptured or been endangered by river scour. Among them: ► The Poplar (Jan. 2015) and Silvertip (July 2011) pipeline failures on the Yellowstone River. ► More than 20 pipeline river crossings in Montana were found to be "dangerously close to exposure" during inspections of nearly 90 pipeline crossings in 2011, according to one report. Many of them have since been reburied significantly deeper. The Poplar pipeline was not among the crossings tagged as being close to exposure. ► Nearly half of the 55 oil and gas pipelines that cross the Missouri River were found to have sections buried 10 feet or less below the riverbed, according to the Wall Street Journal. A study by the U.S. Geological Survey, meanwhile, found that the Missouri riverbed had deepened by nine to 41 feet in 27 places because of severe scouring during the 2011 floods. ► An Enterprise Products Partners LLP pipeline that was uncovered by river scouring and ruptured in August 2011. The line spilled more than 28,350 gallons of a gasoline additive into the Missouri River in Iowa. ► A June 2012 spill in Alberta, Canada, where an oil pipeline owned by Plains Midstream Canada failed along the Red Deer River and released more than 122,000 gallons of light crude. Investigators concluded that the pipe was uncovered by scour during high flood waters and subjected to vibrations from the river flow that led a weld to fail.
  • Three Enbridge Corp. crude oil pipelines crossing Minnesota's Tamarac River were exposed by floodwater erosion years ago, and were still exposed in mid-2014. None of the pipes had failed at that point, but one was being propped up by steel legs, according to an MPR News account. Federal regulations aren't much help. The only rule that addresses pipe burial at major river crossings requires petroleum pipelines to be laid at least four feet below the riverbed at the time of construction. Once a pipeline's installed, there are no requirements regarding burial depth. There is no rule requiring exposed pipelines to be reburied, though a spill under those conditions would invite regulatory penalties for leaving the line exposed to hazards. What's more, federal rules put the pipeline companies in charge of identifying all threats that could cause a spill in highly populated or environmentally sensitive areas, and the companies get wide latitude in deciding what to do about them, according to Rebecca Craven, program manager at the Pipeline Safety Trust, a nonprofit group that tracks pipeline risks and regulations.
  • Indeed, the required four-foot minimum initial burial depth for pipelines can be completely eliminated by natural erosion over time or by a single flood event. Active free-flowing rivers can carve with enough ferocity to lower their riverbeds by 20 feet or shift the waterway onto an entirely new path, which can add new stresses to the pipeline or put the river over pipe that has less cover or lacks reinforcement or protective cement casings. The hotly debated Keystone XL oil pipeline project would cross nearly 2,000 rivers, streams and reservoirs in Montana, South Dakota and Nebraska, according to one estimate. The route takes the pipe across the Missouri and Yellowstone rivers, where owner TransCanada has pledged to install the pipeline 35 feet below the riverbeds.
  • See Also: Ruptured Yellowstone Oil Pipeline Was Built With Faulty Welding in 1950sIce Hinders Cleanup of Yellowstone Oil Pipeline SpillExxon Overlooked, Masked Safety Threats in Years Before Pegasus Pipeline BurstDilbit in Exxon's Pegasus May Have Contributed to Pipeline's Rupture
  • Paul Merrell on 22 Feb 15
     
    One of the hidden costs of oil dependence. 
Paul Merrell

The Pentagon gave local cops nearly 12,000 bayonets over the past 8 years - Vox - 0 views

www.vox.com/...3-program-obama-administration

police-militarization 1033-program bayonets

shared by Paul Merrell on 22 Sep 14 - No Cached
  • Through the 1033 program, the federal government has geared America's local police departments with military-grade equipment — ranging from airplanes to bayonets — worth hundreds of millions of dollars. NPR combed through the transaction data for the program to find out where the equipment went and what kind of gear was involved. Since 2006, the Pentagon distributed more than 79,000 assault rifles, 205 grenade launchers, nearly 12,000 bayonets, nearly 4,000 combat knives, 50 airplanes, 479 bomb detonator robots, and much more to America's local cops. One chart from NPR shows the counties that got the most guns per 1,000 people through the program
  • It's not immediately clear why some of these places would need so much military-grade equipment. With the notable exception of Starr County, Texas, the counties and states on the list have modest crime rates, and they aren't hotbeds for drug or terrorist activity — the two main targets of the federal government's police militarization schemes.* The proliferation of such weapons could soon come to an end. Following outcry against police militarization during the August protests in Ferguson, Missouri, the Obama administration ordered a review that will consider whether local police should have the equipment, whether they need to receive more training if they obtain the gear, and how the federal government can better oversee the equipment's use. The Pentagon said it could even take back some of the equipment if it's deemed necessary.
  • The federal government has been arming local police departments with military-grade equipment for decades through multiple federal schemes, particularly the 1033 program. The 1033 program transfers surplus military-grade equipment from the Pentagon to local police. It does not, however, provide training or oversight for the equipment's use. The program is also loaded with what many experts view as a perverse incentive: to keep the equipment, local police must use it within a year. This incentive, some experts argue, might encourage police to use the weapons even when they're not necessary.
  • Paul Merrell on 22 Sep 14
     
    Bayonets for police? Good grief! We couldn't even get them in the Army  in Viet Nam.
Paul Merrell

Israel accused of being 'apartheid state' by US black rights group | Middle East Eye - 0 views

www.middleeasteye.net/...ael-apartheid-state-1618362962

war & peace Israel Palestine BDS Black-Lives-Matter

shared by Paul Merrell on 11 Aug 16 - No Cached
  • The US-based Black Lives Matter movement has called Israel an "apartheid state" and said it is joining the Boycott, Divestment and Sanctions (BDS) campaign over acts of "genocide against the Palestinian people".The Platform of the Movement for Black Lives, which speaks for the wider campaign and calls for the “end to the war against Black people”, on Monday issued the campaign's first comprehensive document setting out positions on US federal policies.Platform document addresses mostly American foreign policy, but singled out Israel in light of the billions of dollars military aid given to Israel by the United StatesThe charter states: “Israel is an apartheid state with over 50 laws on the book that sanction discrimination against the Palestinian people”, and added that the US, through its relations with the country, was “complicit in the genocide taking place against the Palestinian people”.
  • Pro-Israel and pro-Jewish groups were however quick to condemn the BLM statement.The Jewish Community Relations council based in Boston said it planned to disassociate from any group aligned with Black Lives Matter.
  • BLM was set up in 2012 after George Zimmerman was acquitted of the murder of 17-year old Trayvon Martin in Sanford, Florida, and to fight for what is says is the "virulent anti-black racism that permeates" American society.Palestinian activists famously used social media to give Black Lives Matter activists tips on how to deal with the inhalation of tear gas, after the police violently cracked down on protests in 2014 that erupted in Ferguson, Missouri following the death by the police of an unarmed black teenager, Michael Brown.  Activists aligned with Black Lives Matter have also frequently visited the occupied West Bank as part of “solidarity tours” aimed at learning about the situation on the ground.Prominent Black artists and actors, including Danny Glover and Lauryn Hill, released a video last year to highlight the connection between African-Americans and Palestinians living under occupation, following the Israeli assault on Gaza in 2014 that coincided with the protests in Ferguson, Missouri. Under the moniker "Black-Palestinian solidarity", the group said it was founded "in the course of resilience against the merciless edge of state-violence, protesters in Ferguson held up signs declaring solidarity with the people of Palestine".Numerous solidarity protests have also been held in London following the recent outburst of protests against police and state violence towards blacks in the US.Activists this morning shut down routes to key transport hubs in Britain, including London's Heathrow airport and a motorway in Birmingham, in protest at deaths in police custody and the deaths of black asylum seekers in immigration detention centres.
  • Paul Merrell on 11 Aug 16
     
    This is a coalition that has been in the brew for some time, very influential particularly on college campuses.
Gary Edwards

EconoMonitor : Great Leap Forward » BERNANKE'S OBFUSCATION CONTINUES: The Fed... - 0 views

www.economonitor.com/...illion-bail-out-of-wall-street

Banksters Federal-Reserve-Bankster-Cartel Levy-Economics-Institute banksters

shared by Gary Edwards on 16 Dec 11 - No Cached
  • Gary Edwards on 16 Dec 11
     
    Excellent summary of how deep the hole the Federal Reserve has dug for Americans.  Walks us from the 2008 crisis to the Levy Economics Institute $29.616 Trillion Bankster Bailout.  Incredibly well written commentary. excerpt: Bernanke argues we should look only at the lending at a peak instant of time. Think about it this way. A half dozen drunken sailors are at the bar, and the bartender refills their shot glasses with whiskey each time a drink is taken. At any instant, the bar-keep has committed only six ounces of booze. That is a useful measure of whiskey outstanding. But it is not useful for telling us how much the drunks drank. Bernanke would like us to believe that if the Fed newly lent a trillion bucks every day for 3 years to all our drunken bankers that we should total that as only a trillion greenbacks committed. Yes, that provides some useful information but it does not really measure the necessary intervention by the Fed into financial markets to save Wall Street. And that leads to the final way to measure the Fed's commitments to propping up our drunks on Wall Street: add up every single damned loan, guarantee and asset purchase the Fed made to benefit banks, banksters, real Housewives on Wall Street, fraudsters, and their cousins, aunts and uncles. This gives us the cumulative Fed commitments. The final important consideration is to separate "normal" Fed actions from the "extraordinary" or "emergency" interventions undertaken because of the crisis. That is easier than it sounds. After the crisis began, the Fed created a large alphabet soup of special facilities designed to deal with the crisis. We can thus take each facility and calculate the three measures of the Fed's commitments for each, then sum up for all the special facilities. And that is precisely what Nicola Matthews and James Felkerson have done. They are PhD students at the University of Missouri-Kansas City, working on a Ford Foundation grant under my direction, titl
Gary Edwards

Newt Gingrich: 15 Things You Don't Know About Him - 1 views

www.thefiscaltimes.com/...s-You-Dont-Know-About-Him.aspx

Newt-Gingrich Libertarians Ron-Paul Reagan-Constitutional-Conservative Banksters Liberty-Tryanny

shared by Gary Edwards on 17 Dec 11 - No Cached
  • Gary Edwards on 17 Dec 11
     
    Good article on Newt; covers the good, the bad, and the ugly.  Personally i don't trust Newt.  As former repubican senator Jim Talent of Missouri says, "He's not a reliable and trusted conservative leader".  Strangely, Talent supports Romney. And there is nothing conservative about Romney.   The one thing i do like about Newt is that he is a bomb thrower extraordinaire.  There isn't a Libertarian (moi), conservative, or Constitutional conservative anywhere that wouldn't love to see Newt in the ring with Obama, hammering his Marxist ass without mercy.  But i'm not so sure that that desire is enough to overcome the serious character flaws and self centered egotistical baggage Newt hauls around.  He proves time and again that he lacks the core values of a true conservative, including dedication to the upholding the Constitution and Rule of Law. Funny though that a valueless establishment repubican "we can manage big government more efficiently and make it work" guy like Romney is attacking Newt as not being a true conservative?  What does that make Romney?  At least Newt can point to the awesome Contract with America repubican take over of Congress - after 40 years in the wilderness. Even though Ron Paul has lost it on foreign policy, i continue to send money.  My switch from Reagan Constitutional Conservative to Libertarian has "nearly" everything to do with the 2008 financial collapse, and the years of research and study that followed.   I say "nearly" because i just couldn't pull the trigger until unexpectedly i found myself in a Bloomberg discussion questioning my support for Herman Cain.  Sadly, Herman supports the Federal Reserve, including full approval of both Greenspan and Bernacke policies that have destroyed the US dollar and enabled the Banksters to run off with over $29 Trillion of our money.  Of course, this is an indefensible and inexcusable position.  The Libertarian's in the discussion pointed out that the problems this country faces cann
  • Gary Edwards on 17 Dec 11
     
    disclosure: I met Cokie and Steve Roberts at an intimate house party in NH. Probably in 1991. Very nice people but they are full blown unionist-socialist-progressives iron bent on the European Socialism model. Not Constitutionalist in any way shape of form. Certainly not Constitutional Capitalist or free market types either.
Markus Potter

Find Notary Public in Columbia, MO, Missouri - 5 views

Find Notary Public in Columbia, mobile notary or notary services in Columbia, MO, Missouri. Columbia, MO and the greater Columbia, MO area have 100s of notaries nearby to choose from brought to you...

started by Markus Potter on 14 Jun 12 no follow-up yet
Gary Edwards

Goldman Sachs: Don't Blame Us - BusinessWeek - 1 views

www.businessweek.com/...b4173030234603.htm

financial-oligarchs financial-crisis goldman-sachs crony-capitalism Obammunism Banksters banksters

shared by Gary Edwards on 03 Apr 10 - Cached
  • Gary Edwards on 03 Apr 10
     
    Goldman Sachs reputation with its clients-who must have at least $10 million to open an account-has never been better. Among the general public, however, the perception is that Goldman is the toxic epicenter of everything wrong with Wall Street. The firm's 32,000 employees are seen as an army of Gordon Gekkos, greedy manipulators who pumped up the housing bubble, then bet opportunistically on its implosion as American International Group (AIG), its trading partner, buckled under massive debts. It is widely alleged-though unproven-that Goldman called on its close friends in government to arrange for an AIG bailout, effectively pocketing billions of taxpayer dollars. "Every game has a sucker," says William K. Black, a professor of law and economics at the University of Missouri at Kansas City who was deputy director of the Federal Savings & Loan Insurance Corp., "and in this case, the sucker was not so much AIG as it was the U.S. government and taxpayer." Heads Goldman wins, tails you lose, America.
Paul Merrell

Pentagon Is Ordered to Expand Potential Targets in Syria With a Focus on Forces - NYTim... - 0 views

www.nytimes.com/...ia-with-a-focus-on-forces.html

war & peace Syria Obama escalation air-strikes targets

shared by Paul Merrell on 06 Sep 13 - No Cached
  • President Obama has directed the Pentagon to develop an expanded list of potential targets in Syria in response to intelligence suggesting that the government of President Bashar al-Assad has been moving troops and equipment used to employ chemical weapons while Congress debates whether to authorize military action.
  • The strikes would be aimed not at the chemical stockpiles themselves — risking a potential catastrophe — but rather the military units that have stored and prepared the chemical weapons and carried the attacks against Syrian rebels, as well as the headquarters overseeing the effort, and the rockets and artillery that have launched the attacks, military officials said Thursday. Gen. Martin E. Dempsey, the chairman of the Joint Chiefs of Staff, has said that other targets would include equipment that Syria uses to protect the chemicals — air defenses, long-range missiles and rockets, which can also deliver the weapons.
  • For the first time, the administration is talking about using American and French aircraft to conduct strikes on specific targets, in addition to ship-launched Tomahawk cruise missiles. There is a renewed push to get other NATO forces involved.
  • ...1 more annotation...
  • But military planners are now preparing options to include attacks from Air Force bombers, a development reported Thursday by The Wall Street Journal. The Pentagon was initially planning to rely solely on cruise missiles. Bombers could carry scores more munitions, potentially permitting the United States to carry out more strikes if the first wave does not destroy the targets. Among the options available are B-52 bombers, which can carry air-launched cruise missiles; B-1s that are based in Qatar and carry long-range, air-to-surface missiles; and B-2 stealth bombers, which are based in Missouri and carry satellite-guided bombs.
  • Paul Merrell on 06 Sep 13
     
    Obama preparing for an even more massive war. Sending in aircraft very substantially increases the number of necessary targets, to take out Syria's formidable aircraft defense system. And of course the announcement that Syria's missiles are targeted vastly increases Syria's incentives to retaliate as soon as they realize a military strike on them is under way, else they lose the ability to retaliate.
Paul Merrell

WA State Bill Proposes Criminalizing Help to NSA, Turning Off Resources to Yakima Facil... - 0 views

blog.tenthamendmentcenter.com/...f-resources-to-yakima-facility

surveillance state NSA NSA-blowback legislation

shared by Paul Merrell on 23 Jan 14 - No Cached
  • The state level campaign to turn off power and electricity to the NSA got a big boost Wednesday. In a bipartisan effort, Washington became first state with a physical NSA location to consider the Fourth Amendment Protection Act, designed to make life extremely difficult for the massive spy agency. Rep. David Taylor (R-Moxee) and Rep Rep. Luis Moscoso (D- Mountlake Terrace) introduced HB2272 late Tuesday night. Based on model language drafted by the OffNow coalition, it would make it the policy of Washington “to refuse material support, participation, or assistance to any federal agency which claims the power, or with any federal law, rule, regulation, or order which purports to authorize, the collection of electronic data or metadata of any person pursuant to any action not based on a warrant.” Practically speaking, the bill prohibits state and local agencies from providing any material support to the NSA within their jurisdiction. This includes barring government-owned utilities from providing water and electricity. It makes information gathered without a warrant by the NSA and shared with law enforcement inadmissible in state court. It blocks public universities from serving as NSA research facilities or recruiting grounds. And it disincentivizes corporations attempting to fill needs not met in the absence of state cooperation.
  • The state level campaign to turn off power and electricity to the NSA got a big boost Wednesday. In a bipartisan effort, Washington became first state with a physical NSA location to consider the Fourth Amendment Protection Act, designed to make life extremely difficult for the massive spy agency. Rep. David Taylor (R-Moxee) and Rep Rep. Luis Moscoso (D- Mountlake Terrace) introduced HB2272 late Tuesday night. Based on model language drafted by the OffNow coalition, it would make it the policy of Washington “to refuse material support, participation, or assistance to any federal agency which claims the power, or with any federal law, rule, regulation, or order which purports to authorize, the collection of electronic data or metadata of any person pursuant to any action not based on a warrant.” Practically speaking, the bill prohibits state and local agencies from providing any material support to the NSA within their jurisdiction. This includes barring government-owned utilities from providing water and electricity. It makes information gathered without a warrant by the NSA and shared with law enforcement inadmissible in state court. It blocks public universities from serving as NSA research facilities or recruiting grounds. And it disincentivizes corporations attempting to fill needs not met in the absence of state cooperation.
  • Lawmakers in Oklahoma, California and Indiana have already introduced similar legislation, and a senator in Arizona has committed to running it there, but Washington counts as the first state with an actual NSA facility within its borders to consider the Fourth Amendment Protection Act. The NSA operates a listening center on the Army’s Yakima Training Center (YTC). The NSA facility is in Taylor’s district, and he said he cannot sit idly by while a secretive facility in his own backyard violate the rights of people everywhere. “We’re running the bill to provide protection against the ever increasing surveillance into the daily lives of our citizens,” he said. “Our Founding Fathers established a series of checks and balances in the Constitution. Given the federal government’s utter failure to address the people’s concerns, it’s up to the states to stand for our citizens’ constitutional rights.”
  • ...3 more annotations...
  • According to documents made public by the US Military, as of 2008, a company called PacifiCorp serves as the primary supplier of electric power, and Cascade Natural Gas Corporation supplies natural gas to YTC. The Kittitas Public Utility District, a function of the state of Washington, provides electric power for the MPRC and the Doris site, but no documentation has yet proven that it also provides electricity used directly by the NSA facility on site. And while YTC does provide a bulk of its own water, documents also show that some of it gets there by first passing through upstream dams owned and operated by the State. The Army report states, “YTC lies within three WAUs whose boundaries coincide with WRIAs, as defined by the State of Washington natural resource agencies.” WAU’s are Washington State Water Administration Units. WRIAs are Washington State Water Resource Inventory Areas A Washington company also has a strong link to the NSA. Cray Inc. builds supercomputers for the agency.
  • If the bill passes, it would set in motion actions to stop any state support of the Yakima center as long as it remains in the state, and could make Cray ineligible for any contracts with the state or its political subdivisions. Three public universities in Washington join 166 schools nationwide partnering with the NSA. Taylor’s bill would address these schools’ status as NSA “Centers of Academic Excellence,” and would bar any new partnerships with other state colleges or universities. Tenth Amendment Center national communications director Mike Maharrey says the bills prohibition against using unconstitutionally gathered data in state court would probably have the most immediate impact. In fact, lawmakers in Kansas and Missouri will consider bills simply addressing this kind of data sharing.
  • “We know the NSA shares data with state and local law enforcement. We know from a Reuters report that most of this shared data has absolutely nothing to do with national security issues. This bill would make that information inadmissible in state court,” he said. “This data sharing shoves a dagger into the heart of the Fourth Amendment. This bill would stop that from happening. This is a no-brainer. Every state should do it.” Maharrey said he expects at least three more states to introduce the act within the next few weeks. “This idea is catching fire,” he said. “And why wouldn’t it? We have an out of control agency spying on virtually everybody in the world. We have a president and a Congress that appears poised to maybe put a band aid on it. Americans are realizing if we are going to slow down the NSA, we are going to have to take a different approach. This is it.”
Paul Merrell

Revealed: Inside the Senate report on CIA interrogations | Al Jazeera America - 0 views

america.aljazeera.com/...reportonciainterrogations.html

war & peace torture Senate-Intelligence-Committee cover-up

shared by Paul Merrell on 20 Mar 14 - No Cached
  • A still-classified report on the CIA's interrogation program established in the wake of 9/11 sparked a furious row last week between the agency and Senate Intelligence Committee chairwoman Dianne Feinstein. Al Jazeera has learned from sources familiar with its contents that the committee's report alleges that at least one high-value detainee was subjected to torture techniques that went beyond those authorized by George W. Bush's Justice Department. Two Senate staffers and a U.S. official, who spoke on the condition of anonymity because the information they disclosed remains classified, told Al Jazeera that the committee's analysis of 6 million pages of classified records also found that some of the harsh measures authorized by the Department of Justice had been applied to at least one detainee before such legal authorization was received. They said the report suggests that the CIA knowingly misled the White House, Congress and the Justice Department about the intelligence value of detainee Zain Abidin Mohammed Husain Abu Zubaydah when using his case to argue in favor of harsher interrogation techniques.
  • Even before accessing the documents, committee staffers received crucial information in a briefing from former FBI agent Ali Soufan in early 2008, according to Al Jazeera’s sources. Soufan — who now runs a private security and intelligence consultancy — told the staffers that he had kept meticulous notes about the methods used by a psychologist under CIA contract to interrogate Abu Zubaydah at a CIA black site in Thailand after his capture in Pakistan in March of 2002. Soufan's account, the staffers say, shows that torture techniques were used on Abu Zubaydah even before some had been sanctioned as permissible by the Bush administration.
  • Two Senate staffers told Al Jazeera that the Panetta documents question the Bush administration claims about the efficacy of Abu Zubaydah’s torture, and the staffers noted that some of the techniques to which he was subjected early in his captivity had not yet been authorized.
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  • Soufan described his briefing of Intelligence Committee researchers in his memoir, “The Black Banners.” “In early 2008, in a conference room that is referred to as a sensitive compartmented information facility (SCIF), I gave a classified briefing on Abu Zubaydah to staffers of the Senate Select Committee on Intelligence,” Soufan wrote. “The staffers present were shocked. What I told them contradicted everything they had been told by Bush administration and CIA officials. When the discussion turned to whether I could prove everything I was saying, I told them, ‘Remember, an FBI agent always keep his notes.’ ”  The committee tried to gain access to Soufan’s notes — then in possession of the CIA and FBI — after it launched a review of the agency’s detention and interrogation program in 2009. But Senate investigators were told, according to Al Jazeera’s sources, that Soufan’s notes were missing and could not be found in either the FBI’s or CIA’s computer system, where other classified records about the interrogation program were stored. More than a year later, the notes ended up with the Senate Intelligence Committee, although it's not clear whether they were turned over to committee investigators by the CIA or FBI or if they were in the cache of documents taken by investigators from the secure facility in Northern Virginia in 2010, which Senate staffers refer to as the Panetta review.
  • A few weeks before the 2009 announcement of the Senate Intelligence Committee’s investigation, Abu Zubaydah’s attorney Brent Mickum was invited to meet with committee staffers in a secure conference room in the Senate Hart Office Building in Washington. Mickum recalled in an interview with Al Jazeera that committee staffers were interested in Abu Zubaydah’s recollections. “The committee was talking about torture and whether it was effective,” Mickum said. “I was able to relate to them what Abu Zubaydah told me. We talked about where he was tortured. I told them where we thought he was. I told them that the government confirmed he was never a member of Al-Qaeda. The drawings were then passed around the room.” Mickum and his co-counsel, Amy Jacobsen, presented to the committee staffers a set of ink drawings on yellow legal paper marked top secret by the CIA. Abu Zubaydah, they said, made the sketches to depict his torture and the torture of two other high-value detainees. One of the highly detailed drawings, according to knowledgeable intelligence officials, depict Abu Zubaydah being waterboarded. 
  • Senate staffers told Al Jazeera that Abu Zubaydah’s drawings were used in the report’s narrative but that the CIA objected to including copies of the images as exhibits.
  • When Panetta briefed CIA employees on March 16, 2009, about the Senate Intelligence Committee’s review, he said Feinstein and her Republican counterpart, Kit Bond of Missouri, had “assured” him “that their goal is to draw lessons for future policy decisions, not to punish those who followed guidance from the Department of Justice.” But now that some of the report’s conclusions suggest that some of the techniques used on Abu Zubaydah and other captives either went beyond what was authorized by the Justice Department or were applied before they had been authorized, the congressional staffers and U.S. officials who spoke to Al Jazeera said CIA officials are seeking further assurances against any criminal investigation. Thus far, no such assurances have been given, according to Al Jazeera’s sources, nor is there any indication that the Senate Intelligence Committee’s report would prompt a criminal investigation.
  • Chris Anders, senior legislative counsel for the American Civil Liberties Union, told Al Jazeera he's not surprised by the CIA's response, because many of those involved in the creation of the interrogation program still work at the agency and may fear being placed in legal jeopardy.  “Whatever is in the report is big enough and significant enough that the CIA has fought tooth and nail to keep it buried,” Anders said. “If what comes out in this report is as bad as some senators have said, it’s going to require a broader and deeper discussion about what took place, and it will be up to the president and Congress to lead the country through it, figure out what it means and how we need to respond to clean it up.”
Paul Merrell

BofA Said to Split Regulators Over Moving Merrill Derivatives to Bank Unit - Bloomberg - 0 views

www.bloomberg.com/...-derivatives-to-bank-unit.html

banksters toxic-derivatives BoA JPMorgan FDIC Dodd-Frank too-big-to-fail

shared by Paul Merrell on 13 Nov 13 - No Cached
  • Bank of America Corp. (BAC), hit by a credit downgrade last month, has moved derivatives from its Merrill Lynch unit to a subsidiary flush with insured deposits, according to people with direct knowledge of the situation. The Federal Reserve and Federal Deposit Insurance Corp. disagree over the transfers, which are being requested by counterparties, said the people, who asked to remain anonymous because they weren’t authorized to speak publicly. The Fed has signaled that it favors moving the derivatives to give relief to the bank holding company, while the FDIC, which would have to pay off depositors in the event of a bank failure, is objecting, said the people. The bank doesn’t believe regulatory approval is needed, said people with knowledge of its position.
  • Three years after taxpayers rescued some of the biggest U.S. lenders, regulators are grappling with how to protect FDIC- insured bank accounts from risks generated by investment-banking operations. Bank of America, which got a $45 billion bailout during the financial crisis, had $1.04 trillion in deposits as of midyear, ranking it second among U.S. firms. “The concern is that there is always an enormous temptation to dump the losers on the insured institution,” said William Black, professor of economics and law at the University of Missouri-Kansas City and a former bank regulator. “We should have fairly tight restrictions on that.”
  • Moody’s Investors Service downgraded Bank of America’s long-term credit ratings Sept. 21, cutting both the holding company and the retail bank two notches apiece. The holding company fell to Baa1, the third-lowest investment-grade rank, from A2, while the retail bank declined to A2 from Aa3.
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  • The Moody’s downgrade spurred some of Merrill’s partners to ask that contracts be moved to the retail unit, which has a higher credit rating, according to people familiar with the transactions. Transferring derivatives also can help the parent company minimize the collateral it must post on contracts and the potential costs to terminate trades after Moody’s decision, said a person familiar with the matter. Bank of America estimated in an August regulatory filing that a two-level downgrade by all ratings companies would have required that it post $3.3 billion in additional collateral and termination payments, based on over-the-counter derivatives and other trading agreements as of June 30. The figure doesn’t include possible collateral payments due to “variable interest entities,” which the firm is evaluating, it said in the filing.
  • Derivatives are financial instruments used to hedge risks or for speculation. They’re derived from stocks, bonds, loans, currencies and commodities, or linked to specific events such as changes in the weather or interest rates. Dodd-Frank Rules Keeping such deals separate from FDIC-insured savings has been a cornerstone of U.S. regulation for decades, including last year’s Dodd-Frank overhaul of Wall Street regulation. The legislation gave the FDIC, which liquidates failing banks, expanded powers to dismantle large financial institutions in danger of failing. The agency can borrow from the Treasury Department to finance the biggest lenders’ operations to stem bank runs. It’s required to recoup taxpayer money used during the resolution process through fees on the largest firms.
  • Bank of America’s holding company -- the parent of both the retail bank and the Merrill Lynch securities unit -- held almost $75 trillion of derivatives at the end of June, according to data compiled by the OCC. About $53 trillion, or 71 percent, were within Bank of America NA, according to the data, which represent the notional values of the trades. That compares with JPMorgan’s deposit-taking entity, JPMorgan Chase Bank NA, which contained 99 percent of the New York-based firm’s $79 trillion of notional derivatives, the OCC data show.
  • Moving derivatives contracts between units of a bank holding company is limited under Section 23A of the Federal Reserve Act, which is designed to prevent a lender’s affiliates from benefiting from its federal subsidy and to protect the bank from excessive risk originating at the non-bank affiliate, said Saule T. Omarova, a law professor at the University of North Carolina at Chapel Hill School of Law. “Congress doesn’t want a bank’s FDIC insurance and access to the Fed discount window to somehow benefit an affiliate, so they created a firewall,” Omarova said. The discount window has been open to banks as the lender of last resort since 1914. As a general rule, as long as transactions involve high- quality assets and don’t exceed certain quantitative limitations, they should be allowed under the Federal Reserve Act, Omarova said.
  • In 2009, the Fed granted Section 23A exemptions to the banking arms of Ally Financial Inc., HSBC Holdings Plc, Fifth Third Bancorp, ING Groep NV, General Electric Co., Northern Trust Corp., CIT Group Inc., Morgan Stanley and Goldman Sachs Group Inc., among others, according to letters posted on the Fed’s website. The central bank terminated exemptions last year for retail-banking units of JPMorgan, Citigroup, Barclays Plc, Royal Bank of Scotland Plc and Deutsche Bank AG. The Fed also ended an exemption for Bank of America in March 2010 and in September of that year approved a new one. Section 23A “is among the most important tools that U.S. bank regulators have to protect the safety and soundness of U.S. banks,” Scott Alvarez, the Fed’s general counsel, told Congress in March 2008.
  • Paul Merrell on 13 Nov 13
     
    So according to Bloomberg, JPMorgan's commercial bank was the recipient of 99 percent of JPMorgan's $79 trillion (face value of derivatives) in bad bets. So adding JPMorgan's $78 trillion or so to the $75 trillion in bad bets Bank of America unloaded on its FDIC insured subsidiary, we arrive at $153 trillion in bad bets moved by two investment banks alone under the FDIC umbrella. Meanwhile, FDIC has authority under Dodd-Frank to liquidate these insolvent banks but doesn't, despite several successful lawsuits to recover the value of toxic derivatives that they sold to smaller banks that failed (which implies that FDIC could tell JPMorgan and BoA's investment banksters that they've got to pay off the toxic assets they transferred to their commercial banks, rather than diluting the insurance for normal depositors. Problem: the two big investment banks don't have sufficient assets to absorb those losses, so the too-politically-connected-to-fail factor kicks in. Note that I have not done any legal research in regard to these issues and am basing these observations on what has been stated about legal requirements in various media articles.
Paul Merrell

Investigation Finds Former Ukraine President Not Responsible For Sniper Attack on Prote... - 0 views

www.informationclearinghouse.info/article38271.htm

war & peace Ukraine Russia U.S.-foreign-policy nukes

shared by Paul Merrell on 20 Apr 14 - No Cached
  • A German TV investigation disproves the West's claim that Yanukovych was responsible for killing of dozens of Ukrainian protestors, making this President Obama's WMD moment.
  • Now joining us is Michael Hudson. He is a distinguished research professor of economics at the University of Missouri-Kansas City. His two newest books are The Bubble and Beyond and Finance Capitalism and Its Discontents.
  • The big news is all about the Ukraine. And it's about the events that happened in the shootings on February 20. Late last week, the German television program ARD Monitor, which is sort of their version of 60 Minutes here, had an investigative report of the shootings in Maidan, and what they found out is that contrary to what President Obama is saying, contrary to what the U.S. authorities are saying, that the shooting was done by the U.S.-backed Svoboda Party and the protesters themselves, the snipers and the bullets all came from the Hotel Ukrayina, which was the center of where the protests were going, and the snipers on the hotel were shooting not only at the demonstrators, but also were shooting at their own--at the police and the demonstrators to try to create chaos. They've spoken to the doctors, who said that all of the bullets and all of the wounded people came from the same set of guns. They've talked to reporters who were embedded with the demonstrators, the anti-Russian forces, and they all say yes. All the witnesses are in agreement: the shots came from the Hotel Ukrayina. The hotel was completely under the control of the protesters, and it was the government that did it.
  • ...2 more annotations...
  • So what happened was that after the coup d'état, what they call the new provisional government put a member of the Svoboda Party, the right-wing terrorist party, in charge of the investigation. And the relatives of the victims who were shot are saying that the government is refusing to show them the autopsies, they're refusing to share the information with their doctors, they're cold-shouldering them, and that what is happening is a coverup. It's very much like the film Z about the Greek colonels trying to blame the murder of the leader on the protesters, rather than on themselves. Now, the real question that the German data has is: why, if all of this is front-page news in Germany, front-page news in Russia--the Russian TV have been showing their footage, showing the sniping--why would President Obama directly lie to the American people? This is the equivalent of Bush's weapons of mass destruction. Why would Obama say the Russians are doing the shooting in the Ukraine that's justified all of this anti-Russian furor? And why wouldn't he say the people that we have been backing with $5 billion for the last five or ten years, our own people, are doing the shooting, we are telling them to doing the shooting, we are behind them, and we're the ones who are the separatists?
  • And the president has just--Obama, has just sent naval vessels with atomic weapons into the Black Sea, threatening Putin to wipe out Russia in 20 minutes. He's threatening World War III. Europeans are scared stiff about this because they know that they'll be the first recipients of a Russian retaliation.
Paul Merrell

Pentagon preparing for mass civil breakdown | Nafeez Ahmed | Environment | theguardian.com - 0 views

www.theguardian.com/...pentagon-mass-civil-breakdown

war & peace DoD Minerva social-sciences

shared by Paul Merrell on 15 Jun 14 - No Cached
  • A US Department of Defense (DoD) research programme is funding universities to model the dynamics, risks and tipping points for large-scale civil unrest across the world, under the supervision of various US military agencies. The multi-million dollar programme is designed to develop immediate and long-term "warfighter-relevant insights" for senior officials and decision makers in "the defense policy community," and to inform policy implemented by "combatant commands." Launched in 2008 – the year of the global banking crisis – the DoD 'Minerva Research Initiative' partners with universities "to improve DoD's basic understanding of the social, cultural, behavioral, and political forces that shape regions of the world of strategic importance to the US."
  • Twitter posts and conversations will be examined "to identify individuals mobilised in a social contagion and when they become mobilised."
  • Last year, the DoD's Minerva Initiative funded a project to determine 'Who Does Not Become a Terrorist, and Why?' which, however, conflates peaceful activists with "supporters of political violence" who are different from terrorists only in that they do not embark on "armed militancy" themselves. The project explicitly sets out to study non-violent activists
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  • According to Prof David Price, a cultural anthropologist at St Martin's University in Washington DC and author of Weaponizing Anthropology: Social Science in Service of the Militarized State, "when you looked at the individual bits of many of these projects they sort of looked like normal social science, textual analysis, historical research, and so on, but when you added these bits up they all shared themes of legibility with all the distortions of over-simplification. Minerva is farming out the piece-work of empire in ways that can allow individuals to disassociate their individual contributions from the larger project."Prof Price has previously exposed how the Pentagon's Human Terrain Systems (HTS) programme - designed to embed social scientists in military field operations - routinely conducted training scenarios set in regions "within the United States." Citing a summary critique of the programme sent to HTS directors by a former employee, Price reported that the HTS training scenarios "adapted COIN [counterinsurgency] for Afghanistan/Iraq" to domestic situations "in the USA where the local population was seen from the military perspective as threatening the established balance of power and influence, and challenging law and order."
  • One war-game, said Price, involved environmental activists protesting pollution from a coal-fired plant near Missouri, some of whom were members of the well-known environmental NGO Sierra Club. Participants were tasked to "identify those who were 'problem-solvers' and those who were 'problem-causers,' and the rest of the population whom would be the target of the information operations to move their Center of Gravity toward that set of viewpoints and values which was the 'desired end-state' of the military's strategy."Such war-games are consistent with a raft of Pentagon planning documents which suggest that National Security Agency (NSA) mass surveillance is partially motivated to prepare for the destabilising impact of coming environmental, energy and economic shocks.
  • Minerva is a prime example of the deeply narrow-minded and self-defeating nature of military ideology. Worse still, the unwillingness of DoD officials to answer the most basic questions is symptomatic of a simple fact – in their unswerving mission to defend an increasingly unpopular global system serving the interests of a tiny minority, security agencies have no qualms about painting the rest of us as potential terrorists.
Paul Merrell

North Dakota Allows Cops To Arm Their Drones With Tasers And Tear Gas | ThinkProgress - 0 views

thinkprogress.org/...north-dakota-taser-drones

war & peace police-militarization drones weaponization

shared by Paul Merrell on 27 Aug 15 - No Cached
  • There’s a new sheriff on the high plains. Or rather, just above them. North Dakota’s police agencies can fly drones armed with Tasers, tear gas, bean-bag cannons, and other “less-lethal” weapons, thanks to fierce lobbying from the law enforcement industry on a bill that was initially meant to restrict police use of the flying robots rather than outfit them with weapons. While other local police departments have flirted with weaponizing their drones, North Dakota is the first state to explicitly allow the armaments. When State Rep. Rick Becker introduced H.B. 1328, the law both banned weaponized drones and established a procedure for law enforcement to seek a warrant before using drones in searches. Only the warrant requirement survived. After stiff lobbying and a multi-stage public relations effort by law enforcement and drone proponents, first reported by The Daily Beast, the version of the bill that ultimately passed authorized police to arm their unmanned aerial vehicles with sound cannons, pepper spray, and other weapons not designed to kill. The weaponization of law enforcement drones could facilitate police abuse of force. Military drone pilots can develop a “Playstation mentality” toward their deadly work, according to United Nations official. The physical remove of a drone pilot desensitizes him, the thinking goes, and makes it easier to be rash about deploying his armaments. Pilots themselves contest this desensitization claim, however, and there’s reason to think military drone operators experience post-traumatic stress disorder despite sitting far from the battlefield.
  • Police drones won’t have Hellfire missiles, of course. But the weapons North Dakota’s law enforcement drones are authorized to use under state law are still capable of causing serious injury and death. 39 people have been killed by police Tasers in 2015 thusfar, according to The Guardian. Rubber bullets can kill, and most non-lethal weapons can inflict grievous and lasting harm. Law enforcement operations are already monitoring civil rights activists affiliated with the Black Lives Matter movement, using a combination of undercover officers, social media snooping, and cell phone monitoring technology called Stingray. An FBI-provided aerial surveillance plane was also on hand during the unrest in Baltimore following the killing of Freddie Gray by police. Should drones equipped with remote-controlled Tasers and tear gas come into wider use, it seems likely they’d be incorporated into crowd control and demonstration monitoring efforts. In such uses, officers far from the scene of unrest could make bloodless decisions about how to deploy drone weaponry, potentially escalating tense situations.
Paul Merrell

Details of Illegal Torture That the CIA Doesn't Want You to Know About - Atlantic Mobile - 0 views

m.theatlantic.com/...284528

war & peace torture criminal-prosecution CIA cover-up Senate-Intelligence-Committee

shared by Paul Merrell on 21 Mar 14 - No Cached
  • The Senate report on CIA torture is still being suppressed. But details are leaking out, according to a report by Jason Leopold. Citing Intelligence Committee staffers, he writes that "at least one high-value detainee was subjected to torture techniques that went beyond those authorized by George W. Bush's Justice Department." In addition, "harsh measures authorized by the Department of Justice had been applied to at least one detainee before such legal authorization was received."  The notion that Bush-era interrogations were lawful has always been highly dubious. This latest news plucks away even the fig leaf afforded by Bush Administration attorneys. Some say it would be unfair to prosecute anyone told that a tactic was permitted.  Will they call for a criminal investigation of these incidents? The CIA seems to agree that these details are important. It is seeking new assurances that the report won't lead to criminal investigations, according to Leopold's sources:
  • When Panetta briefed CIA employees on March 16, 2009, about the Senate Intelligence Committee’s review, he said Feinstein and her Republican counterpart, Kit Bond of Missouri, had “assured” him “that their goal is to draw lessons for future policy decisions, not to punish those who followed guidance from the Department of Justice.” But now that some of the report’s conclusions suggest that some of the techniques used on Abu Zubaydah and other captives either went beyond what was authorized by the Justice Department or were applied before they had been authorized, the congressional staffers and U.S. officials who spoke to Al Jazeera said CIA officials are seeking further assurances against any criminal investigation. Thus far, no such assurances have been given, according to Al Jazeera’s sources, nor is there any indication that the Senate Intelligence Committee’s report would prompt a criminal investigation. Any agreement to refrain from investigating torture as a criminal offense would itself violate the law. The UN Convention Against Torture, signed by Ronald Reagan and later ratified by the U.S. Senate, compels signatories to investigate torture and "submit the case to its competent authorities for the purpose of prosecution." Perhaps the U.S. will one day adhere to the law.
Paul Merrell

Ferguson Police Militarization: Cash Flowed To Lawmakers Who Voted To 'Militarize' Police - 0 views

www.ibtimes.com/oted-militarize-police-1659804

war & peace police-militarization corruption Congress

shared by Paul Merrell on 23 Aug 14 - No Cached
  • As local law enforcement has deployed martial tactics against those protesting the police killing of an 18-year-old in Ferguson, Missouri, a debate is suddenly raging over how municipal police forces came to resemble military units. A new report suggests the trend may, in part, have to do with campaign contributions to congressional lawmakers. At issue is the federal government’s so-called 1033 Program, which permits the Pentagon to give military hardware to local police departments. 
  • The group’s new report looked at a June congressional vote on legislation, offered by U.S. Rep. Alan Grayson, D-Fla., that would have blocked the Pentagon from spending resources on transferring military hardware to local police agencies. The bill was defeated 62-355.  According to data compiled by Maplight, the lawmakers “voting to continue funding the 1033 Program have received, on average, 73 percent more money from the defense industry than representatives voting to defund it.” In all, the average lawmaker voting against the bill received more than $50,000 in campaign donations from the defense industry in the last two years. The report also found that of the 59 lawmakers who received more than $100,000  from defense contractors in the last two years, only four voted for Grayson’s legislation. Though thought of as a political force primarily in federal policymaking, the defense industry also spends on state politics, which influences law enforcement procurement decisions. According to data compiled by the National Institute for Money in State Politics, more than $8 million of campaign contributions has been dumped into state elections in the last decade by military contractors and their employees.
  • Police officials say the equipment helps them better secure local communities. By contrast groups such as the American Civil Liberties Union have recently launched a national campaign to demilitarize local police departments. That campaign got a boost this week when Republican Sen. Rand Paul of Kentucky, a prospective 2016 presidential candidate, published an editorial in Time magazine echoing the ACLU’s message in the wake of the Ferguson shooting.  “When you couple this militarization of law enforcement with an erosion of civil liberties and due process that allows the police to become judge and jury — national security letters, no-knock searches, broad general warrants, pre-conviction forfeiture — we begin to have a very serious problem on our hands,” he wrote.
Paul Merrell

US sets new record for denying federal files under Freedom of Information Act | US news... - 0 views

www.theguardian.com/...es-freedom-of-information-foia

transparency FOIA U.S. records

shared by Paul Merrell on 20 Mar 15 - No Cached
  • The US has set a new record for denying and censoring federal files under the Freedom of Information Act, analysis by the Associated Press reveals. For the second consecutive year, the Obama administration more often than ever censored government files or outright denied access to them under the open-government legislation. The government took longer to turn over files when it provided any, said more regularly that it couldn’t find documents, and refused a record number of times to turn over files quickly that might be especially newsworthy.
  • It also acknowledged in nearly one in three cases that its initial decisions to withhold or censor records were improper under the law – but only when it was challenged. Its backlog of unanswered requests at year’s end grew remarkably by 55% to more than 200,000. The government’s new figures, published Tuesday, covered all requests to 100 federal agencies during fiscal 2014 under the Freedom of Information law, which is heralded globally as a model for transparent government. They showed that despite disappointments and failed promises by the White House to make meaningful improvements in the way it releases records, the law was more popular than ever. Citizens, journalists, businesses and others made a record 714,231 requests for information. The US spent a record $434m trying to keep up.
  • The government responded to 647,142 requests, a 4% decrease over the previous year. The government more than ever censored materials it turned over or fully denied access to them, in 250,581 cases or 39% of all requests. Sometimes, the government censored only a few words or an employee’s phone number, but other times it completely marked out nearly every paragraph on pages. On 215,584 other occasions, the government said it couldn’t find records, a person refused to pay for copies or the government determined the request to be unreasonable or improper. The White House touted its success under its own analysis. It routinely excludes from its assessment instances when it couldn’t find records, a person refused to pay for copies or the request was determined to be improper under the law, and said under this calculation it released all or parts of records in 91% of requests – still a record low since Barack Obama took office using the White House’s own math.
  • ...4 more annotations...
  • “We actually do have a lot to brag about,” White House spokesman Josh Earnest said. The government’s responsiveness under the open records law is an important measure of its transparency. Under the law, citizens and foreigners can compel the government to turn over copies of federal records for zero or little cost. Anyone who seeks information through the law is generally supposed to get it unless disclosure would hurt national security, violate personal privacy or expose business secrets or confidential decision-making in certain areas. It cited such exceptions a record 554,969 times last year. Under the president’s instructions, the US should not withhold or censor government files merely because they might be embarrassing, but federal employees last year regularly misapplied the law. In emails that AP obtained from the National Archives and Records Administration about who pays for Michelle Obama’s expensive dresses, the agency blacked-out a sentence under part of the law intended to shield personal, private information, such as Social Security numbers, phone numbers or home addresses. But it failed to censor the same passage on a subsequent page.
  • The sentence: “We live in constant fear of upsetting the WH [White House].” In nearly one in three cases, when someone challenged under appeal the administration’s initial decision to censor or withhold files, the government reconsidered and acknowledged it was at least partly wrong. That was the highest reversal rate in at least five years. The AP’s chief executive, Gary Pruitt, said the news organization filed hundreds of requests for government files. Records the AP obtained revealed police efforts to restrict airspace to keep away news helicopters during violent street protests in Ferguson, Missouri. In another case, the records showed Veterans Affairs doctors concluding that a gunman who later killed 12 people had no mental health issues despite serious problems and encounters with police during the same period. They also showed the FBI pressuring local police agencies to keep details secret about a telephone surveillance device called Stingray.
  • “What we discovered reaffirmed what we have seen all too frequently in recent years,” Pruitt wrote in a column published this week. “The systems created to give citizens information about their government are badly broken and getting worse all the time.” The US released its new figures during Sunshine Week, when news organizations promote open government and freedom of information. The AP earlier this month sued the State Department under the law to force the release of email correspondence and government documents from Hillary Clinton’s tenure as secretary of state. The government had failed to turn over the files under repeated requests, including one made five years ago and others pending since the summer of 2013.
  • The government said the average time it took to answer each records request ranged from one day to more than 2.5 years. More than half of federal agencies took longer to answer requests last year than the previous year. Journalists and others who need information quickly to report breaking news fared worse than ever. Under the law, the US is required to move urgent requests from journalists to the front of the line for a speedy answer if records will inform the public concerning an actual or alleged government activity. But the government now routinely denies such requests: Over six years, the number of requests granted speedy processing status fell from nearly half to fewer than one in eight. The CIA, at the center of so many headlines, has denied every such request over the last two years.
  • Paul Merrell on 20 Mar 15
     
    I did a fair bit of FOIA litigation during my years as a citizen activist and later as a lawyer. The response situation never was good and it's gotten far worse. I have an outstanding FOIA request to the Dept. of Health & Human Services for copies of particular documents submitted as public comments by other agencies including the CIA in a rulemaking proceeding. I submitted electronically over a year ago, got an authresponder telling me to expect a postcard acknowledging receipt within ten working days as required by FOIA. Didn't hear back from them, so resubmitted with copies of the original request and the autoresponse and got the same autoresponse. Still haven't got either of my postcards or the records, so it looks like I'm about to come out of retirement and file a FOIA lawsuit. It's an area where the squeakiest wheel gets the grease.  The bureaucracy does not like public records requests.   
Paul Merrell

Controversies - Unions Successfully Beat Back Movement to De-Militarize Police - AllGov... - 0 views

www.allgov.com/...to-de-militarize-police-141202

war & peace police-militarization 1033-program

shared by Paul Merrell on 03 Dec 14 - No Cached
  • Critics of the post-9/11 trend of militarizing police forces across the United States thought the controversy in Ferguson, Missouri, would provide the momentum to roll back the armoring up of officers. But then the police unions showed off their power in Washington and reform efforts fizzed. As Bloomberg’s David Weigel wrote, even one of the most outspoken opponents of the federal 1033 program, which provides military surplus equipment to law enforcement, suddenly stopped talking about demilitarizing the police after labor groups lobbied Congress. Senator Rand Paul (R-Kentucky) said in August: “We must demilitarize the police.” “The militarization of our law enforcement is due to an unprecedented expansion of government power in this realm,” Paul wrote in an op -ed. “It is one thing for federal officials to work in conjunction with local authorities to reduce or solve crime. It is quite another for them to subsidize it.”
  • Paul, however, has stopped making noise about changing 1033, as have other politicians. That’s because groups like the National Sheriffs Association and the Fraternal Order of Police (FOP) had their members make phone calls to senators and representatives telling them how important it was to use military-type weapons for public safety purposes. FOP Executive Director Jim Pasco told Weigel that the uproar over the shooting of Michael Brown was mostly “some members of Congress had kneejerk reactions to the optics of Ferguson or the rhetoric of Ferguson,” said Pasco. “They thought there was something problematic about the equipment they saw on the streets. In the intervening period, some of them have come to see that beauty is in the eye of the beholder. It’s not what the equipment looks like, it’s what its utility is,” Pasco said.
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