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Gary Edwards

Welcome to Post-Constitution America - Peter Van Buren - 0 views

www.filmsforaction.org/...me_to_postconstitution_america

NSA-Patriot-Act-NDAA NSA-Whistleblower post-Constitutional-America Peter-Van-Buren

shared by Gary Edwards on 11 Aug 13 - No Cached
  • On July 30, 1778, the Continental Congress created the first whistleblower protection law, stating “that it is the duty of all persons in the service of the United States to give the earliest information to Congress or other proper authority of any misconduct, frauds, or misdemeanors committed by any officers or persons in the service of these states.”
  • Two hundred thirty-five years later, on July 30, 2013, Bradley Manning was found guilty on 20 of the 22 charges for which he was prosecuted, specifically for “espionage” and for videos of war atrocities he released, but not for “aiding the enemy.”
  • Days after the verdict, with sentencing hearings in which Manning could receive 136 years of prison time ongoing, the pundits have had their say. The problem is that they missed the most chilling aspect of the Manning case: the way it ushered us, almost unnoticed, into post-Constitutional America.
  • ...22 more annotations...
  • As at Guantanamo, rules of evidence reaching back to early
  • During the months of the trial, the U.S. military refused to release official transcripts of the proceedings. Even a private courtroom sketch artist was barred from the room. Independent journalist and activist Alexa O’Brien then took it upon herself to attend the trial daily, defy the Army, and make an unofficial record of the proceedings by hand. Later in the trial, armed military police were stationed behind reporters listening to testimony. Above all, the feeling that Manning’s fate was predetermined could hardly be avoided. After all, President Obama, the former Constitutional law professor, essentially proclaimed him guilty back in 2011 and the Department of Defense didn’t hesitate to state more generally that “leaking is tantamount to aiding the enemies of the United States.”
  • And so to Bradley Manning. As the weaponry and technology of war came home, so did a new, increasingly Guantanamo-ized definition of justice. This is one thing the Manning case has made clear. As a start, Manning was treated no differently than America’s war-on-terror prisoners at Guantanamo and the black sites that the Bush administration set up around the world. Picked up on the “battlefield,” Manning was first kept incommunicado in a cage in Kuwait for two months with no access to a lawyer. Then, despite being an active duty member of the Army, he was handed over to the Marines, who also guard Guantanamo, to be held in a military prison in Quantico, Virginia. What followed were three years of cruel detainment, where, as might well have happened at Gitmo, Manning, kept in isolation, was deprived of clothing, communications, legal advice, and sleep. The sleep deprivation regime imposed on him certainly met any standard, other than Washington’s and possibly Pyongyang’s, for torture. In return for such abuse, even after a judge had formally ruled that he was subjected to excessively harsh treatment, Manning will only get a 112-day reduction in his eventual sentence. Eventually the Obama administration decided Manning was to be tried as a soldier before a military court. In the courtroom, itself inside a military facility that also houses NSA headquarters, there was a strikingly gulag-like atmosphere.  His trial was built around secret witnesses and secret evidence; severe restrictions were put on the press -- the Army denied press passes to 270 of the 350 media organizations that applied; and there was a clear appearance of injustice. Among other things, the judge ruled against nearly every defense motion.
  • “What constitutes due process in this case is a due process in war.”
  • Given all this, it is small comfort to know that Manning, nailed on the Espionage Act after multiple failures in other cases by the Obama administration, was not convicted of the extreme charge of “aiding the enemy.”
  • Obama administration lawyers went on to claim the legal right to execute U.S. citizens without trial or due process and have admitted to killing four Americans. Attorney General Eric Holder declared that “United States citizenship alone does not make such individuals immune from being targeted.”
  • As if competing for an Orwellian prize, an unnamed Obama administration official told the Washington Post,
  • English common law were turned upside down. In Manning’s case, he was convicted of espionage, even though the prosecution did not have to prove either his intent to help another government or that harm was caused; a civilian court had already paved the way for such a ruling in another whistleblower case. In addition, the government was allowed to label Manning a “traitor” and an “anarchist” in open court, though he was on trial for neither treason nor anarchy.
  • Similarly, full-spectrum spying is not considered to violate the Fourth Amendment and does not even require probable cause.
  • Justice can be twisted and tangled into an almost unrecognizable form and then used to send a young man to prison for decades.
  • Government officials concerned over possible wrongdoing in their departments or agencies who “go through proper channels” are fired or prosecuted.
  • Government whistleblowers are commanded to return to face justice, while law-breakers in the service of the government are allowed to flee justice. CIA officers who destroy evidence of torture go free, while a CIA agent who blew the whistle on torture is locked up.
  • Thanks to the PATRIOT Act, citizens, even librarians, can be served by the FBI with a National Security Letter (not requiring a court order) demanding records and other information, and gagging them from revealing to anyone that such information has been demanded or such a letter delivered.
  • Citizens may be held without trial, and denied their Constitutional rights as soon as they are designated “terrorists.” Lawyers and habeas corpus are available only when the government allows.
  • The war on whistleblowers is metastasizing into a war on the First Amendment.
  • People may now be convicted based on secret testimony by unnamed persons.
  • Military courts and jails can replace civilian ones.
  • An Obama administration Insider Threat Program requires federal employees (including the Peace Corps) to report on the suspicious behavior of coworkers.
  • Claiming its actions lawful while shielding the “legal” opinions cited, often even from Congress, the government can send its drones to assassinate its own citizens.
  • One by one, the tools and attitudes of the war on terror, of a world in which the “gloves” are eternally off, have come home.
  • The comic strip character Pogo’s classic warning -- “We have met the enemy and he is us” -- seems ever less like a metaphor.
  • According to the government, increasingly we are now indeed their enemy.
  • Gary Edwards on 11 Aug 13
     
    Well written and researched article describing what it means to live in a post-Constitutional America.  Chilling facts with a cold but obvious conclusion.
Gary Edwards

Mice and Men: The Failures of Closing our MidEast Embassies | We Meant Well - Peter Van... - 0 views

wemeantwell.com/blog

Peter-Van-Buren Islamic-Wars post-Constitutional-America Embassy-Closures

shared by Gary Edwards on 11 Aug 13 - No Cached
  • What do you call it when you follow the same strategy for twelve years not only without success, but with negative results? What if time shows that that strategy actually helps the enemy you seek to defeat? Failure.
  • Failing to Learn America’s global war of terror can this week be declared officially a failure, total and complete. After twelve years of invasions, drones, torture, spying and gulags, the U.S. closed its embassies and consulates across (only) the Muslim world. Not for a day, but in most cases heading toward a week, with terror warnings on file lasting through the month. The U.S. evacuated all non-essential diplomatic and military personnel from Yemen; dependents are already gone from most other MidEast posts. Only our fortress embassies in Kabul and Baghdad ironically were considered safe enough to reopen a day or two ago. The cause of all this? Apparently a message from al Qaeda leader Ayman al Zawahiri to his second in command in Yemen telling him to “do something.”
  • Failure to Understand All this might be read in one of three ways: – The simplest explanation is that the threat is indeed real. Twelves years of war has simply pushed the terror threat around, spilled mercury-like, from country to country. A Whack-a-Mole war. – U.S. officials, perhaps still reeling from Edward Snowden’s NSA disclosures, chose to exaggerate a threat, in essence creating a strawman that could then be defeated. In favor of this argument are the many “leaks” noted above, essentially disclosing raw intel, specific conversations that would clearly reveal to the al Qaeda people concerned how and when they were monitored. Usually try to avoid that in the spy biz. The Frankenbomber stuff is pure 2001 scare tactic recycled. The idea that al Qaeda sought to seize infrastructure is a certain falsehood , as the whole point of guerrilla war is never to seize things, which would create a concentrated, open, stationary target that plays right into the Big Hardware advantage the U.S. holds. Just does not make sense, and supports the idea that this is all made-up for some U.S. domestic purpose. – However, the third way of looking at this is that the U.S. has failed to walk away from the climate of fear and paranoia that has distorted foreign and domestic policy since 9/12, Chicken Littles if you will. What if the U.S. really believed that al Qaeda was planning to take over Yemen this week in spite of the odd inconsistencies? What if “chatter” was enough to provoke the last Superpower into a super-sized public cower?
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  • Failure to Not Act The why in this case may not matter, when the what is so controlling.
  • That sadly predictable resort to violence by the U.S. shows that we have fundamentally failed to understand that in a guerrilla war one cannot shoot one’s way out.
  • You win by offering a better idea to people than the other side, while at the same time luring the other side into acts of violence and political repression that make them lose the support of those same people.
  • This is asymmetrical warfare 101 stuff.
  • –In the populations al Qaeda seeks to influence, claiming they “humbled and scared” the US twelve years after 9/11 simply by ramping up their chatter seems an effective al Qaeda strategy.
  • As with the British thrashing about as their empire collapsed, the world’s greatest military defeated by natives with old rifles, so now goes the U.S., by its own hand.
  • “We continue to pay in blood because we can’t learn how to do something besides fight.”
Paul Merrell

Tomgram: Peter Van Buren, No-Fly-List America | TomDispatch - 0 views

www.tomdispatch.com/...n_buren%2C_no-fly-list_america

surveillance state State-Dept DHS FBI no-fly-list visa lies Ibrahim

shared by Paul Merrell on 06 Apr 14 - No Cached
  • it’s rare that we ever get a glimpse of how our expanding secret state really works.  But every now and then, a single case can suddenly illuminate an otherwise dark landscape.  Such is Rahinah Ibrahim's case, carefully laid out by TomDispatch regular Peter Van Buren today.  It should chill you to the bone.
  • Paul Merrell on 06 Apr 14
     
    For those who say, "I've done nothing wrong, why should I worry about government surveillance, the case of graduate student Rahinah Ibrahim provides several reasons. Innocent of any wrongdoing, this article explores her successful nine-year effort to have her name removed from the DHS no-fly list because an FBI agent had checked the wrong box on a form, only to discover that the erroneous assignment of her name on the no-fly list had propagated to the State Department's no-visa list, and she begins a new legal odyssey to have her visa restored.
Paul Merrell

Tomgram: Peter Van Buren, Seven Bad Endings to the New War in the Middle East | TomDisp... - 0 views

www.tomdispatch.com/...the_new_war_in_the_middle_east

war & peace ISIL U.S.-foreign-policy must-read

shared by Paul Merrell on 17 Oct 14 - No Cached
  • What Could Possibly Go Wrong? Seven Worst-Case Scenarios in the Battle with the Islamic State By Peter Van Buren You know the joke? You describe something obviously heading for disaster -- a friend crossing Death Valley with next to no gas in his car -- and then add, “What could possibly go wrong?” Such is the Middle East today. The U.S. is again at war there, bombing freely across Iraq and Syria, advising here, droning there, coalition-building in the region to loop in a little more firepower from a collection of recalcitrant allies, and searching desperately for some non-American boots to put on the ground. Here, then, are seven worst-case scenarios in a part of the world where the worst case has regularly been the best that’s on offer. After all, with all that military power being brought to bear on the planet’s most volatile region, what could possibly go wrong?
  • Paul Merrell on 17 Oct 14
     
    This one is a must-read. 
Paul Merrell

Tomgram: Peter Van Buren, Iraq and the Battle of the Potomac | TomDispatch - 0 views

www.tomdispatch.com/..._and_the_battle_of_the_potomac

war & peace Iraq Syria ISIL Obama mission-failure

shared by Paul Merrell on 10 Nov 14 - No Cached
  • What Could Possibly Go Right? Four Months into Iraq War 3.0, the Cracks Are Showing -- on the Battlefield and at the Pentagon By Peter Van Buren Karl von Clausewitz, the famed Prussian military thinker, is best known for his aphorism “War is the continuation of state policy by other means.” But what happens to a war in the absence of coherent state policy? Actually, we now know. Washington’s Iraq War 3.0, Operation Inherent Resolve, is what happens. In its early stages, I asked sarcastically, “What could possibly go wrong?” As the mission enters its fourth month, the answer to that question is already grimly clear: just about everything. It may be time to ask, in all seriousness: What could possibly go right?
  • The U.S. Department of State lists 60 participants in the coalition of nations behind the U.S. efforts against the Islamic State. Many of those countries (Somalia, Iceland, Croatia, and Taiwan, among them) have never been heard from again outside the halls of Foggy Bottom. There is no evidence that America’s Arab “allies” like Saudi Arabia, Qatar, and the United Arab Emirates, whose funding had long-helped extreme Syrian rebel groups, including IS, and whose early participation in a handful of air strikes was trumpeted as a triumph, are still flying. Absent the few nations that often make an appearance at America's geopolitical parties (Canada, the Brits, the Aussies, and increasingly these days, the French), this international mess has quickly morphed into Washington's mess. Worse yet, nations like Turkey that might actually have taken on an important role in defeating the Islamic State seem to be largely sitting this one out. Despite the way it’s being reported in the U.S., the new war in the Middle East looks, to most of the world, like another case of American unilateralism, which plays right into the radical Islamic narrative.
  • While American strategy may be lacking on the battlefield, it’s alive and well at the Pentagon. A report in the Daily Beast, quoting a generous spurt of leaks, has recently made it all too clear that the Pentagon brass “are getting fed up with the short leash the White House put them on.” Senior leaders criticize the war’s decision-making process, overseen by National Security Adviser Susan Rice, as “manic and obsessed.” Secretary of Defense Chuck Hagel wrote a quickly leaked memo to Rice warning that the president’s Syria strategy was already unraveling thanks to its fogginess about the nature of its opposition to Assad and because it has no “endgame.” Meanwhile, the military's “intellectual” supporters are already beginning to talk -- shades of Vietnam -- about “Obama's quagmire.”
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  • The U.S. military came out of the Vietnam War vowing one thing: when Washington went looking for someone to blame, it would never again be left holding the bag.
  • Taken as a whole, the military's near-mutinous posture is eerily reminiscent of MacArthur's refusal to submit to President Harry Truman's political will during the Korean War. But don’t hold your breath for a Trumanesque dismissal of Dempsey any time soon. In the meantime, the Pentagon’s sights seem set on a fall guy, likely Susan Rice, who is particularly close to the president. The Pentagon has laid down its cards and they are clear enough: the White House is mismanaging the war. And its message is even clearer: given the refusal to consider sending in those ground-touching boots, Operation Inherent Resolve will fail. And when that happens, don't blame us; we warned you.
  • Joint Chiefs Chairman General Martin Dempsey has twice made public statements revealing his dissatisfaction with White House policy. In September, he said it would take 12,000 to 15,000 ground troops to effectively go after the Islamic State. Last month, he suggested that American ground troops might, in the future, be necessary to fight IS. Those statements contrast sharply with Obama's insistence that there will never be U.S. combat troops in this war. In another direct challenge, this time to the plan to create those Sunni National Guard units, Dempsey laid down his own conditions: no training and advising the tribes will begin until the Iraqi government agrees to arm the units themselves -- an unlikely outcome. Meanwhile, despite the White House's priority on training a new Syrian moderate force of 5,000 fighters, senior military leaders have yet to even select an officer to head up the vetting process that’s supposed to weed out less than moderate insurgents.
  • In or out, boots or not, whatever its own mistakes and follies, those who run the Pentagon and the U.S. military are already campaigning strategically to win at least one battle: when Iraq 3.0 collapses, as it most surely will, they will not be the ones hung out to dry. Of the very short list of what could go right, the smart money is on the Pentagon emerging victorious -- but only in Washington, not the Middle East.
Paul Merrell

Tomgram: Peter Van Buren, In the Middle East, Bet on a Winner (Iran!) | TomDispatch - 0 views

www.tomdispatch.com/...2C_bet_on_a_winner_%28iran!%29

war & peace U.S.-foreign-policy unintended-consequences Iran-ascendency

shared by Paul Merrell on 13 Apr 15 - No Cached
  • The U.S. is running around in circles in the Middle East, patching together coalitions here, acquiring strange bedfellows there, and in location after location trying to figure out who the enemy of its enemy actually is. The result is just what you'd expect: chaos further undermining whatever’s left of the nations whose frailty birthed the jihadism America is trying to squash. And in a classic tale of unintended consequences, just about every time Washington has committed another blunder in the Middle East, Iran has stepped in to take advantage. Consider that country the rising power in the region and credit American clumsiness for the new Iranian ascendancy.
  • Paul Merrell on 13 Apr 15
     
    Very interesting analysis of the rise of Iran largely due to unintended consequences of U.S. foreign policy. For another analysis of the topic from another perspective see http://nsnbc.me/2015/04/12/iran-and-a-possible-new-energy-geopolitics/
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