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Paul Merrell

Door May Open for Challenge to Secret Wiretaps - NYTimes.com - 0 views

  • Five years after Congress authorized a sweeping warrantless surveillance program, the Justice Department is setting up a potential Supreme Court test of whether it is constitutional by notifying a criminal defendant — for the first time — that evidence against him derived from the eavesdropping, according to officials.
  • Prosecutors plan to inform the defendant about the monitoring in the next two weeks, a law enforcement official said. The move comes after an internal Justice Department debate in which Solicitor General Donald B. Verrilli Jr. argued that there was no legal basis for a previous practice of not disclosing links to such surveillance, several Obama administration officials familiar with the deliberations said. Meanwhile, the department’s National Security Division is combing active and closed case files to identify other defendants who faced evidence resulting from the 2008 wiretapping law. It permits eavesdropping without warrants on Americans’ cross-border phone calls and e-mails so long as the surveillance is “targeted” at foreigners abroad.
  • In February, the Supreme Court dismissed a case challenging its constitutionality because the plaintiffs, led by Amnesty International, could not prove they had been wiretapped. Mr. Verrilli had told the justices that someone else would have legal standing to trigger review of the program because prosecutors would notify people facing evidence derived from surveillance under the 2008 law. But it turned out that Mr. Verrilli’s assurances clashed with the practices of national security prosecutors, who had not been alerting such defendants that evidence in their cases had stemmed from wiretapping their conversations without a warrant.
Paul Merrell

Book Reveals Wider Net of U.S. Spying on Envoys - NYTimes.com - 0 views

  • In May 2010, when the United Nations Security Council was weighing sanctions against Iran over its nuclear program, several members were undecided about how they would vote. The American ambassador to the United Nations, Susan E. Rice, asked the National Security Agency for help “so that she could develop a strategy,” a leaked agency document shows.The N.S.A. swiftly went to work, developing the paperwork to obtain legal approval for spying on diplomats from four Security Council members — Bosnia, Gabon, Nigeria and Uganda — whose embassies and missions were not already under surveillance. The following month, 12 members of the 15-seat Security Council voted to approve new sanctions, with Lebanon abstaining and only Brazil and Turkey voting against. Continue reading the main story Related Coverage Books of The Times: ‘No Place to Hide,’ by Glenn GreenwaldMAY 12, 2014 Later that summer, Ms. Rice thanked the agency, saying its intelligence had helped her to know when diplomats from the other permanent representatives — China, England, France and Russia — “were telling the truth ... revealed their real position on sanctions ... gave us an upper hand in negotiations ... and provided information on various countries ‘red lines.’ ”
  • The two documents laying out that episode, both leaked by the former N.S.A. contractor Edward J. Snowden, are reproduced in a new book by Glenn Greenwald, “No Place to Hide: Edward Snowden, the N.S.A., and the U.S. Surveillance State.” The book is being published Tuesday.
Paul Merrell

Europe and Ukraine: A tale of two elections - RT Op-Edge - 0 views

  • Circumstances surrounding the European and Ukrainian elections were far from being a mere coincidence. The regime changers in Kiev decided to hold a presidential election on May 25, the same day as European Parliament elections, in order to demonstrate their desire to follow a European-centric foreign policy.
  • Way beyond the established fact of an Atlantic push against Russian western borderlands, Ukraine remains a catfight of local oligarchies. No wonder the new Ukrainian president is also an oligarch; the 7th wealthiest citizen in the land, who owns not just a chocolate empire, but also automotive plants, a shipyard in Crimea and a TV channel. The only difference is that he’s a NATO oligarch
  • Meanwhile, in NATOstan, local and transnational elites have been desperately trying to spin a measure of success. Abstention remains notable – only roughly 4 in 10 Europeans take the trouble to vote on what goes on in Strasbourg, with a majority alienated enough to legitimize the mix of internal European austerity and international belligerence.
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  • Hardly discussed in the pre-vote campaigns were the Snowden NSA revelations; the shady negotiations between Washington and Brussels over a free trade agreement which will be a boon for US Big Business; and how the financial casino supervised by the European Central Bank, the IMF, and the European Commission (EC) will remain untouched, further ravaging the European middle classes. The anti-EU crowd performed very well in France, the UK, Denmark and Greece. Not so well in Italy and the Netherlands. The mainstream did relatively well in Germany and ultraconservative Spain – even though losing votes to small parties.
  • Essentially, European voters said two things out loud: either “the EU sucks,” or “we couldn’t care less about you, Eurocrat suckers.” As if that sea of lavishly pensioned Brussels apparatchiks – the Eurocrats - would care. After all, their mantra is that “democracy” is only good for others (even Ukrainians…) but not for the EU; when the European flock of sheep votes, they should only be allowed to pick obscure Brussels-peddled and Brussels-approved treaties. Brussels, anyway, is bound to remain the Kafkaesque political epitome of centralized control and red tape run amok. No wonder the EU is breathlessly pivoting with itself as the global economy relentlessly pivots to Asia.
  • To believe that an EU under troika austerity will bail Kiev out of its massive outstanding debts is wishful thinking. The recipe - already inbuilt in the $17 billion IMF “rescue” package is, of course, austerity. Oligarchs will remain in control, while assorted plunderers are already lining up. Former US Secretary of State Madeleine Albright – for whom hundreds of thousands of Iraqi children were expendable – “observed” the elections, and most of all observed how to privatize Telecom Ukraine, as she is doing now with Telekom Kosovo. There’s no evidence Right Sector and Svoboda will cease to be crypto-fascist, racist and intolerant just because Poroshenko – the King of Ukrainian Chocolate – is now the president. By the way, his margin for maneuver is slim, as his own markets – not to mention some of his factories – are in Russia. Heavy industry and the weapons industry in eastern Ukraine depend on Russian demand. It would take at least a whopping $276 billion for the West to “stabilize” eastern Ukraine. The notion of the EU “saving” Ukraine is D.O.A.
  • Moscow, once again, just needs to do what it is doing: nothing. And make sure there will be no economic or political help unless a federalized – and Finlandized - Ukraine with strong regions sees the light of day. Even the Brookings Institution has reluctantly been forced to admit that the US neo-con gambit has failed miserably; there’s no Ukraine without Russian help.
  • Signs so far are mixed. Poroshenko said Ukraine could “possibly” become an EU member state by 2025 (it won’t happen). He ruled out entering NATO (wise move). He rejects federalization (dumb move). He believes that with a strong economy Crimea would want to be back (wishful thinking). Still, he believes in reaching a compromise with Moscow (that’s what Moscow always wanted, even before regime change).
  • Back in NATOstan, there’s the crucial point of what happens to the ultra-right-wing anti-EU brigade in the Parliament in Strasbourg. They may all abhor the EU, but the fact is this ideological basket case will hardly form an alliance.
  • What this ultimately means is that conservative and moderate parties, as per the status quo, will remain in control, expressed via an extremely likely coalition of the European People’s Party (center-right) and the Socialists and Democrats (center-left). What comes next, in the second half of 2014, is the appointment of a new EU Commission. That’s Kafka redux, as in the bureaucrat-infested executive arm of the EU, which shapes the agenda, sort of (when it’s not busy distributing subventions in color-coded folders for assorted European cows.) There are 5 candidates fighting for the position of EC president. According to the current EU treaty, member states have to consider the result of EU Parliament elections when appointing a new president. Germany wants a conservative. France and Italy want a socialist. So expect a tortuous debate ahead to find who will succeed the spectacularly mediocre Jose Manuel Barroso. The favorite is a right-winger of the European People’s Party, former Prime Minister of Luxembourg Jean-Claude Juncker. He is an avid defender of banking secrecy while posing himself as a champion of “market social economy.”
  • Then there’s more Kafka: choosing the new president of the EU Council and the High Representative for Foreign Affairs. Translation: the EU won’t decide anything, or “reform” anything for months. That includes the critical negotiations with the Americans over the free trade deal. It’s absolutely impossible to spin these Sunday elections as not discrediting even more the EU project as it stands. As I’ve seen for myself, since early 2014, in 5 among the top EU countries, what matters for the average citizen is as follows: how to deal with immigration; how to fight the eradication of the welfare state; the implications of the free trade agreement with the US; the value of the euro –including an absurdly high cost of living; and what the ECB mafia is actually doing to fight unemployment.
  • With Kafka in charge for the foreseeable future, what’s certain is that Paris and Berlin will drift further and further apart. There will be no redesign of the EU’s institutions. And the next Parliament, filled with sound and fury, will be no more than a hostage of the devastating, inexorable political fragmentation of Europe. “Saving” Ukraine? What a joke. The EU cannot even save itself.
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    Pepe Escobar's take on the Presidential election in Ukraine and the EU-wide national election of EU Parliament members, both held on the same day. Excerpts only highlighted.  
Paul Merrell

China summons US envoy over cyber-spying charges, vows retaliation - RT News - 0 views

  • China has dismissed all US accusations of industrial cyber-espionage against five of its military officials and published proof that Washington is actually stealing data from China. Beijing also summoned the US ambassador for an explanation. Beijing reacted to Washington’s recent round of industrial espionage accusations by publishing its latest data on US cyber-attacks against China.
  • China’s National Computer Network Emergency Response Technical Team Coordination Center of China (NCNERTTCC) reported that during just two months, from March 19 to May 18, the US directly controlled 1.18 million host computers in China using 2,077 Trojan horse networks or botnet servers. According to the NCNERTTCC, over the last two months 135 host computers stationed in the US conducted 14,000 phishing operations against Chinese websites using for the attacks 563 phishing pages. The other hacking activities through the same period of time included 57,000 backdoor attacks, performed from 2,016 IP addresses in the US through backdoors implanted on 1,754 Chinese websites. The Chinese Foreign Ministry summoned the American ambassador to China for an explanation, urging him to drop all charges against China’s military officers. The meeting between Chinese Assistant Foreign Minister Zheng Zeguang and US Ambassador Max Baucus took place on Monday night, reported Xinhua.
  • Depending on further developments, China “will take further action on the so-called charges by the United States,” Zheng told Baucus. “The Chinese government and military and its associated personnel have never conducted or participated in the theft of trade secrets over the internet,” Zheng reportedly told Baucus as quoted by Xinhua.
Paul Merrell

Court Accepts DOJ's 'State Secrets' Claim to Protect Shadowy Neocons: a New Low - The I... - 0 views

  • A truly stunning debasement of the U.S. justice system just occurred through the joint efforts of the Obama Justice Department and a meek and frightened Obama-appointed federal judge, Edgardo Ramos, all in order to protect an extremist neocon front group from scrutiny and accountability. The details are crucial for understanding the magnitude of the abuse here. At the center of it is an anti-Iranian group calling itself “United Against Nuclear Iran” (UANI), which is very likely a front for some combination of the Israeli and U.S. intelligence services. When launched, NBC described its mission as waging “economic and psychological warfare” against Iran. The group was founded and is run and guided by a roster of U.S., Israeli and British neocon extremists such as Joe Lieberman, former Bush Homeland Security adviser (and current CNN “analyst”) Fran Townsend, former CIA Director James Woolsey, and former Mossad Director Meir Dagan. One of its key advisers is Olli Heinonen, who just co-authored a Washington Post Op-Ed with former Bush CIA/NSA Director Michael Hayden arguing that Washington is being too soft on Tehran.
  • This group of neocon extremists was literally just immunized by a federal court from the rule of law. That was based on the claim — advocated by the Obama DOJ and accepted by Judge Ramos — that subjecting them to litigation for their actions would risk disclosure of vital “state secrets.” The court’s ruling was based on assertions made through completely secret proceedings between the court and the U.S. government, with everyone else — including the lawyers for the parties — kept in the dark. In May 2013, UANI launched a “name and shame” campaign designed to publicly identify — and malign — any individuals or entities enabling trade with Iran. One of the accused was the shipping company of Greek billionaire Victor Restis, who vehemently denies the accusation. He hired an American law firm and sued UANI for defamation in a New York federal court, claiming the “name and shame” campaign destroyed his reputation.
  • Up until that point, there was nothing unusual about any of this: just a garden-variety defamation case brought in court by someone who claims that public statements made about him are damaging and false. That happens every day. But then something quite extraordinary happened: In September of last year, the U.S. government, which was not a party, formally intervened in the lawsuit, and demanded that the court refuse to hear Restis’s claims and instead dismiss the lawsuit against UANI before it could even start, on the ground that allowing the case to proceed would damage national security. When the DOJ intervened in this case and asserted the “state secrets privilege,” it confounded almost everyone. The New York Times’s Matt Apuzzo noted at the time that “the group is not affiliated with the government, and lists no government contracts on its tax forms. The government has cited no precedent for using the so­-called state­ secrets privilege to quash a private lawsuit that does not focus on government activity.” He quoted the ACLU’s Ben Wizner as saying: “I have never seen anything like this.” Reuters’s Allison Frankel labeled the DOJ’s involvement a “mystery” and said “the government’s brief is maddeningly opaque about its interest in a private libel case.”
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  • But in this case, there is no apparent U.S. government conduct at issue in the lawsuit. At least based on what they claim about themselves, UANI is just “a not-for-profit, non-partisan, advocacy group” that seeks to “educate” the public about the dangers of Iran’s nuclear program. Why would such a group like this even possess “state secrets”? It would be illegal to give them such material. Or could it be that the CIA or some other U.S. government agency has created and controls the group, which would be a form of government-disseminated propaganda, which happens to be illegal? What else could explain the basis for the U.S. government’s argument that allowing UANI to be sued would risk the disclosure of vital “state secrets” besides a desire to cover up something quite untoward if not illegal? What “state secrets” could possibly be disclosed by suing a nice, little “not-for-profit, non-partisan, advocacy group”?
  • This sham worked. This week, Judge Ramos issued his ruling dismissing the entire lawsuit (see below). As a result of the DOJ’s protection, UANI cannot be sued. Among other things, it means this group of neocon extremists now has a license to defame anyone they want. They can destroy your reputation with false accusations in a highly public campaign, and when you sue them for it, the DOJ will come in and whisper in the judge’s ear that national security will be damaged if — like everyone else in the world — UANI must answer in a court of law for their conduct. And subservient judicial officials like Judge Ramos will obey the U.S. government’s dictates and dismiss your lawsuit before it begins, without your having any idea why that even happened. Worse, in his written ruling, the judge expressly acknowledges that dismissal of the entire lawsuit at the start on secrecy grounds is what he calls a “harsh sanction,” and also acknowledges that “it is particularly so in this case because Plaintiffs not only do not get their day in court, but cannot be told why” (emphasis added). But he does it anyway, in a perfunctory 18-page opinion that does little other than re-state some basic legal principles, and then just concludes that everything the government whispered in his ear should be accepted.
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    Unless the district court decision is overturned by a higher court, the Restis case looks to be over. The secrecy concerns of the Dark State trump justice, again. It should be noted that the Constitution is silent on the issue of state secrets (the so-called "state secrets privilege" was manufactured from whole cloth by the Supreme Court in the early 1950s). On the other hand, several provisions of the Constitution expressly require that justice be done, not the least of which is the Due Process clause.  
Paul Merrell

San Bernardino Incident Has the Earmarks of a False Flag. Testimony of Eyewitnesses | G... - 1 views

  • Justifiable suspicions about what happened surfaced straightaway after the incident. The alleged perpetrators, Syed Rizwan Farook and Tashfeen Malik, appear to have been used as convenient patsies – the same way April 2013 Boston Marathon bombing suspects Dzhokhar and Tamerlan Dzhokhar were unjustly framed for a crime they didn’t commit. False flag attacks are used to stoke fear, to enlist public support for planned domestic and foreign horrors. Events post-9/11 are well-documented. What’s unfolding now looks like more of the same – the phony pretext of combating ISIS, state-sponsored high crimes at home and abroad. Eyewitnesses to the San Bernardino shooting said three white gunmen in black military attire, armed with assault rifles, were responsible. Sally Abdelmageed working at the Inland Regional Center described them this way, saying “(a)s soon as they opened up the doors to building three…one of them (began) shoot(ing) into the room.”
  • “I couldn’t see a face. He had a black hat on…black cargo pants, the kind with the big puffy pockets on the side…long sleeve shirt…gloves…huge assault rifle…six magazines…I just saw three dressed exactly the same.” “It looked like their skin color was white. They look like they were athletic(ally) buil(t), and they appeared to be tall” – clearly professionals, carrying out a well-planned attack, the way all false flags are conducted. Abdelmageed and other eyewitnesses gave similar accounts, debunking the official narrative – a Big Lie, framing two innocent Muslim patsies, killed by police to tell no tales, given no chance to explain their innocence. Their bodies were found handcuffed, indicating they were apprehended and likely extrajudicially executed to be unable to refute the official narrative. Former NSA/CIA contractor Steven D. Kelley told Press TV intimated that hired guns allegedly from Craft International (a Blackwater type paramilitary group, the same one responsible for the Boston Marathon bombings) could have been behind the San Bernardino shootings. (see below)
  • The incident “is just one in a long string of false flag events that I am afraid to say are not over,” he said. “We’ll probably be seeing several more before the end of the year, because of the events that are going on in the world, specifically with NATO implicated in the buying of (stolen Iraqi and Syrian oil complicit with) Daesh and other events.” “(W)hen these things happen, they need to have a rapid response which requires a false flag attack. This was very obvious that this was going to happen” – with lots more to come, Kelly believes, part of Washington’s well-orchestrated fear-mongering campaign. The early stages of its dirty aftermath are playing out, most Americans mindless about how they’re being duped.
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    There's a long quote omitted from the highlighting because Diigo wouldn't allow its highlighting.
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