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Paul Merrell

LAPD scopes out Israeli drones, 'Big Data' solutions | Nation | Jewish Journal - 0 views

  • For the first nine days of February, eight of the Los Angeles Police Department’s top brass were 7,500 miles away from home, being shuttled around Israel in a minibus.
  • LAPD Deputy Chief Jose Perez, a good-natured 30-year veteran of the department who oversees its central bureau, tweeted updates at nearly every stop. On Feb. 2, he shared a group photo of the Los Angeles delegation visiting the corporate headquarters of Nice Systems, an Israeli security and cyber intelligence company that can intercept and instantly analyze video, audio and text-based communications. (A seemingly tongue-in-cheek inspirational poster on the wall behind them reads: “Every voice deserves to be heard.”)
  • The group visited private security firms and drone manufacturers, as well as the terror-prone Ashdod Port, a museum in Sderot full of old rockets shot from nearby Gaza (the same one United States President Barack Obama visited on his 2008 campaign trip to Israel), and a “safe city” underground control center in the large suburb of Rishon LeZion, which receives live streams from more than 1,000 cameras with license plate recognition installed throughout the city.
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  • Frank was joined by seven of his fellow command staff at the Big Data Intelligence Conference hosted by i-HLS in the beach town of Herzliya, Israel, on Feb. 6. “On behalf of my chief of police, Chief Charlie Beck, and the 13,000-plus sworn and non-sworn members of the Los Angeles Police Department, a very heartfelt thanks to all of you for having me here,” Frank said in an opening statement for the conference, which brought together some of Israel’s — and the world’s — top cyber security and intelligence experts.
  • Frank said he was especially impressed by what he saw while visiting Israeli companies Nice Systems (as tweeted by Perez) and Verint, one of the companies whose services the National Security Administration (NSA) reportedly used in the infamous United States wiretapping scandal. Both companies already count the LAPD as a client. But, Frank said, “we’re looking at some of their additional solutions … They have a lot of new technologies that we are very much interested in.” Nice System’s  president of security, Yaron Tchwella, spoke at the conference about the company’s ability to help government agencies capture and store the billions of calls, emails, messages and social media posts that their populations generate each day, then analyze it in real time to detect potential threats.
  • Perez said he hoped the LAPD, too, would eventually be able to “use technology to incorporate all the systems that we have. That’s the wave of the future. We’re definitely looking at the ability to get that information out to the officers on the beat with a handheld. Something happens, and you’re looking at the handheld — almost like ‘The Bourne Supremacy’ — here’s a picture of the guy you’re looking for.”
  • Also in Khan’s crosshairs is Special Order 1, an LAPD policy that allows officers to document any otherwise lawful activity that they, or other members of the community, deem suspicious. (Including, for example, the photographing of certain government sites.) And new LAPD intel collection methods or surveillance drones, said Khan, would only be “adding more to their toolbox of being highly militarized in counterinsurgency forces” against protesters and movements such as Occupy. “Yet it is wrapped in this whole language of community policing.” Two separate L.A. Weekly investigations in 2012 found that the LAPD uses expensive StingRay devices, which can locate cellphones (and their users) by acting like cellphone towers, and license-plate recognition cameras that track millions of drivers. Although both devices technically require a warrant to be used in a police investigation, there is little way to know whether police are always complying with the rules.
  • Surveillance drones manufactured by Israel Aerospace Industries (IAI) and Sky Sapience were also hot items on the LAPD tour. Both Frank and Perez lit up when talking about the HoverMast, a new tethered drone from Sky Sapience that was just released to the IDF late last year. “There are several things on the wish list, but we did like Sky Sapience — that was incredible,” Perez said. “For me personally, just for my command, which is five stations, and all the special events that I have, crowd control and being able to see everything would be some technology that is needed immediately.” However, Frank added, the HoverMast “has its challenges: from a political standpoint, convincing our political leaders, and from a community standpoint, convincing the community that it’s not Big Brother watching over you.”
  • A spokeswoman for Sky Sapience said the HoverMast can intercept wireless communications, and its cameras are capable of facial recognition. A spokeswoman for IAI said that while showing LAPD officers their drones, the company “wanted to emphasize the fact that drones can be very helpful in giving intelligence in urban scenarios… you need it now, you need it quick, you need to see what’s inside a window, and what’s behind this building.”
  • Many of the companies attracting LAPD interest have one thing in common: They were formed by veterans of the IDF’s elite, top-secret 8200 Unit, better known as Israel’s version of the NSA.
  • Perez emphasized that as a local police agency, the LAPD has much tighter legal constraints than federal agencies to adhere to when adopting army-born surveillance and “big data” technologies.
Paul Merrell

Supreme Court: Police can't hold suspects without probable cause, to wait for drug-snif... - 0 views

  • The U.S. Supreme Court has ruled 6-3 that the Constitution prohibits police from holding a suspect without probable cause, not even for less than 10 extra minutes--which is about the time it might take to, say, bring in a drug-sniffing dog. What does this mean for you, if you're a law-abiding citizen stopped by over-aggressive cops over something trivial, then detained? As my friend Patrick Ball of hrdag.org put it, “If the police *ask* you to wait, politely decline, ask if you're being detained, and if not, drive away.” From The Hill: Writing on behalf of the court, Justice Ruth Bader Ginsburg declared that the constitutional protections against unreasonable search and seizure prevent police from extending an otherwise completed traffic stop to allow for a drug-sniffing dog to arrive.
  • “We hold that a police stop exceeding the time needed to handle the matter for which the stop was made violates the Constitution’s shield against unreasonable seizures,” she ruled. The case, Rodriguez v. United States, was brought by a man who was pulled over for driving on the shoulder of a Nebraska highway. After the police pulled him over, checked his license and issued a warning for his erratic driving, the officer asked whether he could walk his drug-sniffing dog around the vehicle. The driver, Dennys Rodriguez, refused. However, the officer nonetheless detained him for “seven or eight minutes” until a backup officer arrived. Then, the original officer retrieved his dog. After sniffing around the car, the dog detected drugs, and Rodriguez was indicted for possessing methamphetamine. In all, the stop lasted less than 30 minutes. Justices Clarence Thomas, Samuel Alito and Anthony Kennedy disagreed with the ruling, arguing that cops should be able to reasonably detain people to check out other possible law violations--as they did with the case at the heart of this ruling. "Supreme Court: Cops can’t hold suspects to wait for drug-sniffing dog" [thehill.com]
Paul Merrell

With more police wearing cameras, the fight over footage has begun in Florida - Columbi... - 0 views

  • As more police departments equip their officers with body-worn cameras, the question of who gets access to that footage—and at what cost—is fast becoming a new frontier in open-records policy. Here in Florida, with one of the strongest public-records laws in the country, that frontier may soon be shaped by a couple of factors. One is a lawsuit filed by a Sarasota attorney against the local police department over fees for release of video footage. The second is a bill in the state legislature that would create new exemptions in the public records law when it comes to body cameras. The details of the suit and the bill are unique to the Sunshine State. But in the wake of Michael Brown, Eric Garner, and the Justice Department’s scathing report on biased policing in Ferguson, MO, as hopes for greater police accountability and improved community relations are pinned in part on wider use of the cameras, both warrant close attention.
Paul Merrell

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

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

Police Trained to Treat Keystone XL Protesters as 'Terrorists' (View TransCanada's Powe... - 0 views

  • It’s often difficult to gauge just how much fear activists instill in the powers that be. But on Wednesday, environmental activists protesting the Keystone XL pipeline saw firsthand how much TransCanada, the corporation in charge of the pipeline, is shaking in its boots. Bold Nebraska, a grassroots landowner advocacy group, obtained TransCanada's presentation slides (below) via a Freedom of Information Act request to the Nebraska State Patrol. These slides revealed that TransCanada provided training to both federal and local police forces on how to crack down on environmental activists, even going so far as to train them to arrest the activists under anti-terrorism statutes.
  • Lauren Regan, legal coordinator for Tar Sands Blockade and executive director of the Civil Liberties Defense Center  said, “This is clear evidence of the collusion between TransCanada and the federal government assisting local police to unlawfully monitor and harass political protestors.”
  • Another slide lists all of the laws the activists can supposedly be found violating, and a presentation suggests that the activists are planning “terrorist acts,” and can thus be charged via anti-terrorism statutes
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  • According to the presentation, there are eight signs of terrorism, including “surveillance,” “suspicious persons” and “terrorism funding.”
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    Well, now we know that it ain't just the IRS harrassing conservatives. This is all very reminiscent of the situation in the 80s, when New Right activists successfully prompted federal, state, and local police to investigate anti-herbicide activists as "marijuana growers" and touted a propaganda line that environmentalism was a plot funded by the KGB to overthrow the U.S. government. Unfortunately, there were too many Reagan Administration appointees who believed it. The result: a Presidential declaration of "War on Drugs" and a national surveillance program of environmental activists instigated under cover of that program. 
Gary Edwards

Can Americans Escape the Deception? - 0 views

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    I've been reading Paul Craig Roberts since high school, when i used to clip his backpage columns in NewsWeek magazine. These days, you have to go to his blog to get the truth. But what a truth it is! Incredible, forceful but presented only as PCR can do. His wake up call to America is not about Republicans or Democrats. It's about our liberty and the all out assault our government, socialist and conservatives alike, has launched on the Constitution. Amerika! This is what it comes to. It's also why i'm a libertarian. Read it and weep. Excerpt is from the 9/11 section. excerpt: In a real investigation, the 9/11 evidence would not have been illegally destroyed, and the investigation would have been conducted by experts, not by government agencies assigned a cover-up and by political hacks. The NIST report is abject nonsense. It explains nothing. It is a fabricated computer simulation of a non-event. The co-chairmen and legal counsel of the 9/11 Commission later wrote books in which they stated that information was withheld from the commission, the military lied to the commission, and the commission "was set up to fail." Yet, these astounding admissions by the leaders of the 9/11 Commission had no impact on Congress, the presstitute media, or the public. All heads were in the sand. Please, whatever you do, don't make us emotional weaklings face the facts. More than one hundred firefighters, police, first responders, and building maintenance personnel report hearing and experiencing scores of explosions in the twin towers, including powerful explosions in the sub-basements prior to the collapse of the towers. Distinguished scientists, authors of many peer-reviewed scientific papers, report finding unreacted nano-thermite in the dust from the towers, tested it for its explosive and high-heat producing ability, and reported the unequivocal results. Seventeen hundred architects and engineers have testified in a petition to Congress that the th
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    For a detailed and fully referenced study of how 9-11 Commission Executive Director Philip Zelikow's conflict of interest and how he kept Commission members in the dark and sabotaged the Commission report, see http://tinyurl.com/6tdfc56
Gary Edwards

Google News - 0 views

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    WOW!!! Incredible presentation concerning the history of Freedom vs. Tyranny. WOW!! If ever there's a MUST Watch, this is it. Very impressive and sweeping comparison of how authoritarian collectivist seize power in a free society and establish their tyrannies. My notes are listed below: How to recognize potential tyrants and keep them from seizing power. The urge to save humanity is always used to justify those who want to rule humanity. - ML Menken Daniel Webster on the Constitution Obstacles to Tyranny : Limited powers of government .... Due Process .... Presumption of Innocence .... Freedom to Dissent .... Armed Populace: The right to be Armed! Due Process .... 5th Amendment .... Emergency powers. there is no authorization in the US Constitution to suspend Due Process or any aspect of the Bill of Rights .... Asset Seizure Laws for criminal activities (alleged - without warrant or court order) .... Eminent Domain: seizure of private property for government uses: 2005 Kelo vs New London seizure based on jobs (economy) and tax revenue possibilities. .... 6th Amendment - right to trial by jury : plea bargaining admonition based on facing the awesome power of the government to prosecute no matter what - intimidation and threat of personal destruction. .... Forced confessions through plea bargaining. .... Indefinite detention without trial or charges: President has power to kill or issue orders without warrant, charges or trial .... Presumption of Innocence: Probable Cause .... Random stops at Border check points. 5th Amendment protections violated .... Sobriety Check Points: 4th and 5th Amendments violated - no presumption of innocence .... Random detention and questioning: airport security pat downs, housing projects, bus transportation .... The Right to Privacy: financial transactions and the IRS audit (without warrant or accusation) .... Warrant-less Spying .... Agents writing their own search warrants .... Snatch and Peek Freedom to Disse
Gary Edwards

The List: Unnecessarily Shut Down by Obama to Inflict Public Pain - 0 views

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    "The media may or may not report on these individual occurrences, but what they will never do is provide the American people with the full context and scope of Obama's shrill pettiness. Below is a list of illogical, unnecessary, and shockingly spiteful moves our government is making in the name of essential and non-essential. This list will be regularly updated, and if you have something you feel should be added, please email me at jnolte@breitbart.com or tweet me @NolteNC.Please include a link to the news source. -- 1. Treatments for Children Suffering From Cancer - The GOP have agreed to a compromise by funding part of the government, including the National Institutes of Health, which offers children with cancer last-chance experimental treatment. Obama has threatened to veto this funding. 2. The World War II Memorial - The WWII memorial on the DC Mall is a 24/7 open-air memorial that is not regularly staffed. Although the White House must have known that WWII veterans in their eighties and nineties had already booked flights to visit this memorial, the White House still found the resources to spitefully barricade the attraction.  The Republican National Committee has offered to cover any costs required to keep the memorial open. The White House refused. Moreover, like the NIH, the GOP will pass a compromise bill that would fund America's national parks. Obama has threatened to veto that bill. 3. Furloughed Military Chaplains Not Allowed to Work for Free - Furloughed military chaplains willing to celebrate Mass and baptisms for free have been told they will be punished for doing so. 4. Business Stops In Florida Keys - Although the GOP have agreed to compromise in the ongoing budget stalemate and fund the parks, Obama has threatened to veto that funding. As a result, small businesses, hunters, and commercial fisherman can't practice their trade. While the feds have deemed the personnel necessary to keep this area open "non-essential," the "enforcement office
Paul Merrell

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

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

Defending Dissent » New Docs Show Army Coordinated Spy Ring - 1 views

  • Army illegally supplied  intelligence on nonviolent antiwar protesters to FBI and police in multiple states Tacoma, WA – Recently obtained public records confirm an Army-led, multi-agency spy network that targeted “leftists/anarchists” as domestic terrorists. The Army used illegal infiltration to gather information on nonviolent antiwar protesters, disseminate it to the FBI and police departments in multiple states, and in some cases used it to disrupt planned protests by preemptively and falsely arresting activists. Public records obtained last month by Olympia activist Paul French reveal new evidence in the widely-watched Army spying case Panagacos v. Towery. An email from November 2007, in particular, shows that intelligence analyst John J. Towery was paid by the Army to infiltrate political groups and share unlawfully obtained intelligence with a growing network of law enforcement agencies, including the FBI, and police departments in Los Angeles, Portland, Eugene, Everett, and Spokane. The Towery email not only represents a broader spying program than previously thought, it also confirms the program was led by the Army, a fact contradicted by Towery’s 2009 sworn statements.
  • “The latest revelations show how the Army not only engaged in illegal spying on political dissidents, it led the charge and tried to expand the counterintelligence network targeting leftists and anarchists,” said Larry Hildes, a National Lawyers Guild attorney who filed the Panagacos lawsuit in 2010. “By targeting activists without probable cause, based on their ideology and the perceived political threat they represent, the Army clearly broke the law and must be held accountable.” Previously obtained public records indicate that absent such accountability, the Army will continue to spy on and target protesters, which it did until at least 2010, long after Towery’s identity was exposed. Public records previously obtained in 2009 already established that over a two-year period beginning in 2006, Towery (under the alias “John Jacob”) spied on the Olympia antiwar group Port Militarization Resistance (PMR) as well as several other organizations, including Students for a Democratic Society, the Industrial Workers of the World, and Iraq Veterans Against the War. It has also already been established that Towery’s intelligence was passed on to the Washington State Fusion Center, a communications hub of  local, state and federal law enforcement, and then used by local police to target activists for repeated harassment, preemptive and false arrest, excessive use of force, and malicious prosecution
  • The recently disclosed Towery email was a follow-up to a 2007 Domestic Terrorism Conference he attended in Spokane, during which “domestic terrorist” dossiers on some of the Panagacos plaintiffs were distributed. The Towery email shows the development of a multi-agency spying apparatus in intimate detail. “I thought it would be a good idea to develop a leftist/anarchist mini-group for intel sharing and distro,” wrote the Army analyst to several law enforcement officials. Towery references books, “zines and pamphlets,” and a “comprehensive web list” as source material, but cautions the officials on file sharing “because it might tip off groups that we are studying their techniques, tactics and procedures.” Towery, who worked at Joint Base Lewis-McChord, not only coordinated his actions with local, state and federal law enforcement agencies, many of whom are named defendants in the Panagacos case, he also admitted to eavesdropping on a confidential, privileged attorney-client email listserv of criminal defendants and their legal counsel. Such conduct is considered a constitutional violation, but Towery also took sensitive information from the listserv vital to a pending criminal trial in 2007 and passed it on to fusion center officials who then transmitted it to prosecutors, forcing a mistrial in a case the defense was winning handily. The case was later dismissed for prosecutorial misconduct.
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  • The public records disclosure comes as government spying and criticism of the National Security Agency’s surveillance program has reached a fever pitch. However, a little-known and rarely, if ever, enforced law from 1878 distinguishes the spying under Panagacos from that of the NSA. The Posse Comitatus Act prohibits the military from enforcing domestic laws on U.S. soil by making such actions a Gross Misdemeanor, yet to-date no official has been prosecuted under the Act. Instead of conceding to the violations, the Army is currently using the Panagacos case to try to seal nearly 10,000 pages of documents, many of which are incriminating and embarrassing to the government. The legal effort to unseal those documents will play out over the next few weeks. The Obama Administration tried to dismiss the Panagacos lawsuit, but in a Ninth Circuit decision from December 2012 the court rejected the government’s arguments, ruling that allegations of First and Fourth Amendment violations were “plausible,” and ordered the case to proceed to trial. The lawsuit was filed on behalf of seven PMR members who sought to oppose the wars in Iraq and Afghanistan through nonviolent civil disobedience and is being heard by U.S. District Court Judge Ronald B. Leighton. In addition to Towery, named defendants in Panagacos include Thomas Rudd, one of Towery’s superiors at Joint Base Lewis-McChord, the U.S. Army, Navy, and Coast Guard, as well as certain officials within its ranks, the City of Olympia and its police department, the City of Tacoma and its police department, Pierce County, and various personnel from those jurisdictions.
  • Panagacos v. Towery is currently in the discovery stage and is scheduled to go to trial in June 2014. Further information: Recently disclosed Towery email Panagacos lawsuit complaint Domestic terrorism dossiers on plaintiffs
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    One I had missed from February, 2014. I believe I had bookmarked something about this before the lawsuit was filed. Now not only has the case been filed but the alleged grounds for the lawsuit have been greenlighted by the 9th U.S. Circuit Court of Appeals. If you click through the link to the court's opinion, you'll find one of the Ninth Circuit's shorter opinions, less than five pages, which does not even mention that the defendants were employed by the U.S. Army or any branch of government, while still rejecting their claim of government officials' qualified immunity from suit for the alleged First and Fourth Amendment violations. The third amended complaint sufficiently alleged facts to support claims that had been clearly established as violative of the First and Fourth Amendments.   It's clear that the plaintiffs have smoking gun evidence and that the National Lawyers' Guild is all over this one. Trial is scheduled next month, according to the article. It's just under 300 miles from here to Seattle, but I just might make the trip to watch a few days of this trial. Strong First Amendment cases for damages that survive appellate review of the qualified immunity nearly always settle before trial. But this one smells like it is going to trial for publicity purposes even if not for the vindication of rights, considering the nature of the organizations involved both as targets of the surveillance and their lawyers. It's great entertainment watching government guys and gals squirm on the witness stand when they've been caught violating civil rights. In criminal cases, invoking the Fifth Amendment right against self-incrimination cannot be taken as evidence of guilt. But in a federal civil rights case, that entitles the plaintiffs to have the jury instructed that it can infer liability from the resort to the Fifth Amendment to refuse answering questions.  Better back in the day when I was the lawyer asking the questions. But it's still great fun just to watch
Paul Merrell

The Perfect Storm In Turkey - Corruption Conflict Conspiracy | Scoop News - 0 views

  • The Republic of Turkey is consumed by intense conflict, conspiracy charges, and underlying financial problems that simply won't go away. A perfect storm is brewing in Turkey.
  • Prime Minister Recep Tayyip Erdogan's government and supporters are charged with a secret gold-for-oil deal with Iran. The deal, in violation of trade sanctions against Iran, enriched the PM's ministers and other key supporters involved (including the PM's son), according to prosecutors. The deal also involved misreporting billions of dollars in trade, which, in turn, resulted in Turkey overstating national income and understating its current account deficit. A more ominous charge focuses on Erdogan's open support of a wealthy Saudi known for funding al Qaeda and the PM's alleged support of Al Qaeda fighters engaged against the Syrian government. Just today, we say this headline: Turkish governor blocks police search on Syria-bound truck reportedly carrying weapons . Erdogan is a strong supporter of the Syrian rebels, assumed recipients of the weapons.The crisis started on December 17, 2013 when dozens of Erdogan's close associates were arrested for corruption. The arrests included the CEO of Turkey's state bank caught with million in euros stuffed in shoeboxes. Charges and arrests continued. Prosecutors and police who handled the case were fired at the behest of the Prime Minister. The Turkish supreme court ruled that the government couldn't interfere with police investigations through firings and intimidation. Undeterred, Erdogan fired more prosecutors claiming the charges were an attack on the Turkish state. To top it all off, authorities banned reporters from police stations and pressured the media to stop focusing on the scandals.
  • The risks to Erdogan are substantial and can impact the entire nation.The two biggest concerns are Erdogan's ongoing support for Syrian rebels, particularly the Islamist jihadists sponsored by Saudi Arabia, the Islamic Front. Critics of the PM are raising his open association with Yasin al-Qadi, an alleged funding source for Al Qaeda and a designated international terrorist by the U.S. government. Erdogan was dismissive of any problems when confronted on the association saying that al-Qadi was "a charitable person who loves Turkey." He may have more explaining to do if investigations continue.Reporting on evidence from prosecutors and first hand witnesses, Michael Rubin found:"According to Turkish interlocutors, there are consistent irregularities in 28 government tenders totaling in the tens of billions of dollars, in which kickbacks and other payments were made, a portion of which Turkish investigators believe ended up with al-Qadi’s funds and charities. These funds and charities were then used to support al-Qaeda affiliates and other radical Islamist groups operating in Syria like the Nusra Front." Dec. 27
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  • "Irregularities" in government tenders is part of a much larger financial crisis brought on by Erdogan's policies. As noted in a an article earlier this week:"While the focus to date has been on charges of personal enrichment by Erdogan’s ministers and associates, the real problem for the current government is financial fraud in reporting its current account deficit and national income. These figures are the basis for access to international financing. Intentional, inaccurate reporting constitutes fraud that understates the risk to lenders and provides a more favorable interest rate for the borrower than is warranted." Michael Collins, Dec 29Mustafa Sonmez detailed the problems in Hurriyet Daily News, an important analysis overshadowed by the more spectacular charges of late. Turkey's secret gold-for-oil deal with Iran distorted financial reporting figure. Debt was understated and income overstated as a result. Turkey's economic success is based on foreign investments. When foreign investors look at the political instability combined with the financial reporting problems, they will vote with their feed. A survey of Middle East fund managers found that none planned to raise investments in Turkey in 2014 and 13% planned to reduce their investments.
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    Finally, an article that does a fairly good job of summarizing the situation in Turkey. In a single word, it's a mess. 
Paul Merrell

Hamas not complicit in teens' kidnap: Israeli police | News , Middle East | THE DAILY STAR - 0 views

  • he Israeli Police Foreign Press Spokesman, Micky Rosenfeld, appears to have falsified the Israeli government’s claim that Hamas was responsible for the killing of three Israeli settler teens in June, by saying responsibility lies with a lone cell that operated without the complicity of Hamas’ leadership. The kidnapping and subsequent killing of three Israeli settler teens last month is considered to be a flashpoint for the escalated violence in Gaza -- that as of day 19 of the conflict has left 926 Palestinians, mostly civilians, dead. At the time Israeli authorities placed the blame squarely on Hamas, with Israeli Prime Minister Benyamin Netanyahu saying "They were kidnapped and murdered in cold blood by animals in human form. Hamas is responsible and Hamas will pay." Friday however, there appeared to be break in the official line when BBC journalist Jon Donnison tweeted a series of statements he attributed to the Israeli Police Foreign Press Spokesman, Micky Rosenfeld.
  • “Israeli police MickeyRosenfeld tells me men who killed 3 Israeli teens def[initely] lone cell, Hamas affiliated but not operating under leadership1/2.” “Seems to contradict the line from Netanyahu government. 2/2” The journalist then goes on to tweet a further statement from Rosenfeld which, given that Israeli authorities used Hamas’ culpability as a pretext for its crackdown of the West Bank that saw hundreds of Palestinians arrested and several killed, could cast serious doubts on the Israeli government’s justifications. “Israeli police spokes Mickey Rosenfeld also said if kidnapping had been ordered by Hamas leadership, they'd have known about it in advance.”
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    There went Israel's excuse for launching war against Hamas in Gaza.
Paul Merrell

George Galloway badly injured in street attack | Politics | The Guardian - 0 views

  • Respect MP George Galloway was taken to hospital with a suspected broken jaw on Friday night after being attacked in the street.Police arrested a British man over the incident, which is believed to have been prompted by comments Galloway has made about Israel in past weeks.The 60-year-old was posing for pictures in Notting Hill, London, on Friday evening when a man lashed out at him, his spokesman said. Galloway gave a statement to police after a man aged 39 was arrested."George was posing for pictures with people and this guy just attacked him, leapt on him and started punching him," his spokesman said."It appears to be connected with his comments about Israel because the guy was shouting about the Holocaust. George is badly bruised but OK. He has bruising to his head and face and is in pretty bad shape."
  • Last week, the MP was interviewed by police under caution after he was accused of inciting racial hatred by declaring his constituency, Bradford West, an "Israel-free zone".In a speech he gave in Leeds on 2 August he said: "We don't want any Israeli goods; we don't want any Israeli services; we don't want any Israeli academics coming to the university or the college; we don't even want any Israeli tourists to come to Bradford, even if any of them had thought of doing so."Galloway called the police investigation into him a "monumental – and monumentally expensive – waste of police time".
  • In 2008, Galloway was injured after a man threw a rubber stress ball at his head while he was campaigning. A 32-year-old man was cautioned by police over that incident.
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    Zionists are getting a bit touchy these days about Israel being subject to a rapidly growing global Boycott, Sanctions, and Divestment ("BSD") movement. Galloway is a UK leader in that movement and a well-spoken critic of Israel's treatment of Palestinians.
Paul Merrell

Perfect Timing? ISIS Re-Tweets Threats Against Police | nsnbc international - 0 views

  • The New York City Police Department (NYPD) has reportedly put their officers on high alert after a video attributed to the Islamic State of Syria and Iraq (ISIS) was tweeted on social media threatening law enforcement in the US, France, Australia, and Canada. This video posted by an alleged ISIS spokesperson, was followed by the message: “Strike their police, security, and intelligence members, as well as their treacherous agents.” Interestingly, the video tweeted was a “re-release [of] a September 2014 message”.
  • One mainstream media outlet claims to have “obtained” an instructional email from an unidentified member of the Sergeants Benevolent Association (SBA) stating: “If you are assigned to a fixed post, do not sit together in the RMP [police car]. At least one officer must stand outside the vehicle at all times. Pay attention to your surroundings. Officers must pay close attention to approaching vehicles . . . Pay close attention to people as they approach. Look for their hands.” At the time, the Federal Bureau of Investigations (FBI) and the Department of Homeland Security (DHS) published similar warnings to police departments in the US, warning that the message “is consistent with previous threats that ISIS and others, including al Qaeda, have issued.” In October of last year, former Secretary of State Hillary Clinton commented speaking at the Economic Club reiterating the US intelligence community’s cries about the Islamic State of Iraq and Syria (ISIS).
  • Clinton said: “It’s a serious threat because this is the best-funded, most professional, expansionist jihadist military force that we have ever seen. This is far more advanced and far richer than al-Qaeda ever was.”
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    A caution that the article's author, Susanne Posel, is not into fact-checking and frequently dispenses incorrect information.
Paul Merrell

Foiled Plot by Alleged Islamic Terrorists to Kill Queen Elizabeth. It was not a False F... - 0 views

  • An alleged  plot to kill Her Majesty the Queen was uncovered barely 2 days before the Remembrance Day celebrations. Four suspected Islamic terrorists were arrested by police for having put together a carefully designed plot to kill Queen Elizabeth II. A scanty yet authoritative police report was made public in a timely fashion on Friday, two days before the Remembrance Day celebrations.
  • The British media is rife with fabrications and innuendoes. The police reports were distorted by the media. This carefully designed plot to stab Her Majesty with a knife hit the headlines of  the weekend editions of London’s major tabloids, coinciding with the Remembrance Day Event.
  • According to Scotland Yard, the arrests were related  to “Islamist related terrorism”. Confirmed by the police reports, the alleged terrorists were supporters of the Islamic State (ISIL)  and had been called upon to extend the holy jihad to Western Europe.  Lest we forget the Islamic State (ISIS) is a creation of US intelligence, supported and financed out of Qatar and Saudi Arabia. Since the outset of the war in Syria in March 2011, US-NATO and their allies have been supporting the terror brigades.
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    Prof. Michael Chossudovsky, Canadian publisher of Global Research, debunks wild rumors ricocheting through the UK press about four alleged "terrorists" arrested by Scotland Yard supposedly under the control of ISIL. The media have grafted onto that arrest, without confirmation by the police, that they plotted to kill the Queen, then the entire royal family, and then the "British" in general.  Chossudovsky ponts out that since ISIL is "a creation of US intelligence, supported and financed out of Qatar and Saudi Arabia. Since the outset of the war in Syria in March 2011, US-NATO and their allies have been supporting the terror brigades."  The House of Commons has been adamant that the UK shall not participate in the Syrian War. It appears that an effort is being made to change MP minds using pro-war propagaqnda.
Paul Merrell

False Flags, Charlie Hebdo and Tsarnaev's Trial: Cui bono? | Global Research - 0 views

  • UPDATES: Well known writers Thierry Meyssan and Kevin Barrett see the “terrorist” attach on Charlie Hebdo as a false flag attack. See http://www.voltairenet.org/article186441.html [1] and http://presstv.com/Detail/2015/01/10/392426/Planted-ID-card-exposes-Paris-false-flag [2] Update: According to news reports, one of the accused in the attack on Charlie Hebdo when hearing that he was being sought for the crime turned himself in to police with an ironclad alibi. https://www.intellihub.com/18-year-old-charlie-hebdo-suspect-surrenders-police-claims-alibi/[3] According to news reports, police found the ID of Said Kouachi at the scene of the Charlie Hebdo shooting. Does this sound familiar? Remember, authorities claimed to have found the undamaged passport of one of the alleged 9/11 hijackers among the massive pulverized ruins of the twin towers. Once the authorities discover that the stupid Western peoples will believe any transparent lie, the authorities use the lie again and again. The police claim to have discovered a dropped ID is a sure indication that the attack on Charlie Hebdo was an inside job and that people identified by NSA as hostile to the Western wars against Muslims are going to be framed for an inside job designed to pull France firmly back under Washington’s thumb. http://www.wfmz.com/shooting-at-french-satirical-magazine-office/30571524 There are two ways to look at the alleged terrorist attack on the French satirical magazine Charlie Hebdo.
  • One is that in the English speaking world, or much of it, the satire would have been regarded as “hate speech,” and the satirists arrested. But in France Muslims are excluded from the privileged category, took offense at the satire, and retaliated. Why would Muslims bother? By now Muslims must be accustomed to Western hypocrisy and double standards. Little doubt that Muslims are angry that they do not enjoy the protections other minorities receive, but why retaliate for satire but not for France’s participation in Washington’s wars against Muslims in which hundreds of thousands have died? Isn’t being killed more serious than being satirized? Another way of seeing the attack is as an attack designed to shore up France’s vassal status to Washington. The suspects can be both guilty and patsies. Just remember all the terrorist plots created by the FBI that served to make the terrorism threat real to Americans. http://reason.com/blog/2014/07/22/human-rights-watch-all-of-the-high-profi [4] France is suffering from the Washington-imposed sanctions against Russia. Shipyards are impacted from being unable to deliver Russian orders due to France’s vassalage status to Washington, and other aspects of the French economy are being adversely impacted by sanctions that Washington forced its NATO puppet states to apply to Russia.
  • This week the French president said that the sanctions against Russia should end (so did the German vice-chancellor). This is too much foreign policy independence on France’s part for Washington. Has Washington resurrected “Operation Gladio,” which consisted of CIA bombing attacks against Europeans during the post-WW II era that Washington blamed on communists and used to destroy communist influence in European elections? Just as the world was led to believe that communists were behind Operation Gladio’s terrorist attacks, Muslims are blamed for the attacks on the French satirical magazine. The Roman question is always: Who benefits? The answer is: Not France, not Muslims, but US world hegemony. US hegemony over the world is what the CIA supports. US world hegemony is the neoconservative-imposed foreign policy of the US.
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    Paul Craig Roberts is on a roll.
Paul Merrell

The Snipers Massacre on the Maidan in Ukraine | Johnson's Russia List - 0 views

  • The Snipers Massacre on the Maidan in Ukraine By Ivan Katchanovski, Ph.D. School of Political Studies & Department of Communication University of Ottawa Ottawa, ON K1N 6N5, Canada ikatchan@uottawa.ca Paper presented at the Chair of Ukrainian Studies Seminar at the University of Ottawa, Ottawa, October 1, 2014 [With visuals and footnotes here academia.edu/8776021/The_Snipers_Massacre_on_the_Maidan_in_Ukraine]
  • Conclusion The analysis and the evidence presented in this academic investigation put the Euromaidan and the conflict in Ukraine into a new perspective. The seemingly irrational mass shooting and killing of the protesters and the police on February 20 appear to be rational from self-interest based perspectives of rational choice and Weberian theories of instrumentally-rational action. This includes the following: the Maidan leaders gaining power as a result of the massacre, President Yanukovych and his other top government officials fleeing on February 21, 2014 from Kyiv and then from Ukraine, and the retreat by the police.
  • The same concerns Maidan protesters being sent under deadly fire into positions of no important value and then being killed wave by wave from unexpected directions. Similarly, snipers killing unarmed protesters and targeting foreign journalists but not Maidan leaders, the Maidan Self-Defense and the Right Sector headquarters, the Maidan stage, and pro-Maidan photographs become rational. While such actions are rational from a rational choice or instrumentally-rational theoretical perspective, the massacre not only ended many human lives but also undermined democracy, human rights, and the rule of law in Ukraine. The massacre of the protesters and the police represented a violent overthrow of the government in Ukraine and a major human rights crime. This violent overthrow constituted an undemocratic change of government. It gave start to a large-scale violent conflict that turned into a civil war in Eastern Ukraine, to a Russian military intervention in support of separatists in Crimea and Donbas, and to a de-facto break-up of Ukraine.
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  • It also escalated an international conflict between the West and Russia over Ukraine. The evidence indicates that an alliance of elements of the Maidan opposition and the far right was involved in the mass killing of both protesters and the police, while the involvement of the special police units in killings of some of the protesters cannot be entirely ruled out based on publicly available evidence. The new government that came to power largely as a result of the massacre falsified its investigation, while the Ukrainian media helped to misrepresent the mass killing of the protesters and the police. The evidence indicates that the far right played a key role in the violent overthrow of the government in Ukraine. This academic investigation also brings new important questions that need to be addressed.
Paul Merrell

How Edward Snowden Changed Everything | The Nation - 0 views

  • Ben Wizner, who is perhaps best known as Edward Snowden’s lawyer, directs the American Civil Liberties Union’s Speech, Privacy & Technology Project. Wizner, who joined the ACLU in August 2001, one month before the 9/11 attacks, has been a force in the legal battles against torture, watch lists, and extraordinary rendition since the beginning of the global “war on terror.” Ad Policy On October 15, we met with Wizner in an upstate New York pub to discuss the state of privacy advocacy today. In sometimes sardonic tones, he talked about the transition from litigating on issues of torture to privacy advocacy, differences between corporate and state-sponsored surveillance, recent developments in state legislatures and the federal government, and some of the obstacles impeding civil liberties litigation. The interview has been edited and abridged for publication.
  • en Wizner, who is perhaps best known as Edward Snowden’s lawyer, directs the American Civil Liberties Union’s Speech, Privacy & Technology Project. Wizner, who joined the ACLU in August 2001, one month before the 9/11 attacks, has been a force in the legal battles against torture, watch lists, and extraordinary rendition since the beginning of the global “war on terror.” Ad Policy On October 15, we met with Wizner in an upstate New York pub to discuss the state of privacy advocacy today. In sometimes sardonic tones, he talked about the transition from litigating on issues of torture to privacy advocacy, differences between corporate and state-sponsored surveillance, recent developments in state legislatures and the federal government, and some of the obstacles impeding civil liberties litigation. The interview has been edited and abridged for publication.
  • Many of the technologies, both military technologies and surveillance technologies, that are developed for purposes of policing the empire find their way back home and get repurposed. You saw this in Ferguson, where we had military equipment in the streets to police nonviolent civil unrest, and we’re seeing this with surveillance technologies, where things that are deployed for use in war zones are now commonly in the arsenals of local police departments. For example, a cellphone surveillance tool that we call the StingRay—which mimics a cellphone tower and communicates with all the phones around—was really developed as a military technology to help identify targets. Now, because it’s so inexpensive, and because there is a surplus of these things that are being developed, it ends up getting pushed down into local communities without local democratic consent or control.
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  • SG & TP: How do you see the current state of the right to privacy? BW: I joked when I took this job that I was relieved that I was going to be working on the Fourth Amendment, because finally I’d have a chance to win. That was intended as gallows humor; the Fourth Amendment had been a dishrag for the last several decades, largely because of the war on drugs. The joke in civil liberties circles was, “What amendment?” But I was able to make this joke because I was coming to Fourth Amendment litigation from something even worse, which was trying to sue the CIA for torture, or targeted killings, or various things where the invariable outcome was some kind of non-justiciability ruling. We weren’t even reaching the merits at all. It turns out that my gallows humor joke was prescient.
  • The truth is that over the last few years, we’ve seen some of the most important Fourth Amendment decisions from the Supreme Court in perhaps half a century. Certainly, I think the Jones decision in 2012 [U.S. v. Jones], which held that GPS tracking was a Fourth Amendment search, was the most important Fourth Amendment decision since Katz in 1967 [Katz v. United States], in terms of starting a revolution in Fourth Amendment jurisprudence signifying that changes in technology were not just differences in degree, but they were differences in kind, and require the Court to grapple with it in a different way. Just two years later, you saw the Court holding that police can’t search your phone incident to an arrest without getting a warrant [Riley v. California]. Since 2012, at the level of Supreme Court jurisprudence, we’re seeing a recognition that technology has required a rethinking of the Fourth Amendment at the state and local level. We’re seeing a wave of privacy legislation that’s really passing beneath the radar for people who are not paying close attention. It’s not just happening in liberal states like California; it’s happening in red states like Montana, Utah, and Wyoming. And purple states like Colorado and Maine. You see as many libertarians and conservatives pushing these new rules as you see liberals. It really has cut across at least party lines, if not ideologies. My overall point here is that with respect to constraints on government surveillance—I should be more specific—law-enforcement government surveillance—momentum has been on our side in a way that has surprised even me.
  • Do you think that increased privacy protections will happen on the state level before they happen on the federal level? BW: I think so. For example, look at what occurred with the death penalty and the Supreme Court’s recent Eighth Amendment jurisprudence. The question under the Eighth Amendment is, “Is the practice cruel and unusual?” The Court has looked at what it calls “evolving standards of decency” [Trop v. Dulles, 1958]. It matters to the Court, when it’s deciding whether a juvenile can be executed or if a juvenile can get life without parole, what’s going on in the states. It was important to the litigants in those cases to be able to show that even if most states allowed the bad practice, the momentum was in the other direction. The states that were legislating on this most recently were liberalizing their rules, were making it harder to execute people under 18 or to lock them up without the possibility of parole. I think you’re going to see the same thing with Fourth Amendment and privacy jurisprudence, even though the Court doesn’t have a specific doctrine like “evolving standards of decency.” The Court uses this much-maligned test, “Do individuals have a reasonable expectation of privacy?” We’ll advance the argument, I think successfully, that part of what the Court should look at in considering whether an expectation of privacy is reasonable is showing what’s going on in the states. If we can show that a dozen or eighteen state legislatures have enacted a constitutional protection that doesn’t exist in federal constitutional law, I think that that will influence the Supreme Court.
  • The question is will it also influence Congress. I think there the answer is also “yes.” If you’re a member of the House or the Senate from Montana, and you see that your state legislature and your Republican governor have enacted privacy legislation, you’re not going to be worried about voting in that direction. I think this is one of those places where, unlike civil rights, where you saw most of the action at the federal level and then getting forced down to the states, we’re going to see more action at the state level getting funneled up to the federal government.
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    A must-read. Ben Wizner discusses the current climate in the courts in government surveillance cases and how Edward Snowden's disclosures have affected that, and much more. Wizner is not only Edward Snowden's lawyer, he is also the coordinator of all ACLU litigation on electronic surveillance matters.
Paul Merrell

FBI director calls lack of data on police shootings 'ridiculous,' 'embarrassing' - The ... - 0 views

  • The lack of accurate information about police-involved shootings is roiling the nation’s law enforcement community, leaving officials unable to say whether high-profile killings are isolated events or part of an alarming trend, FBI Director James B. Comey said Wednesday. Speaking to a private gathering of more than 100 politicians and top law enforcement officials, Comey expressed frustration that the federal government has no better data on police shootings than databases assembled this year by The Washington Post and the Guardian newspaper. “It is unacceptable that The Washington Post and the Guardian newspaper from the U.K. are becoming the lead source of information about violent encounters between police and civilians. That is not good for anybody,” he said.
Paul Merrell

Asia Times Online :: Orwell does America - 0 views

  • Welcome to the sweet abyss of an Orwellian vortex. 2013 increasingly looks like 1984. In two previous articles, for RT RT and for Asia Times Online I have looked into the superimposed levels of blowback implied by the Boston bombing. With still so many unanswered questions regarding what took place on the ground in Boston after the bombing, it's time to look at an extra, possible Top Ten list of lingering absurdities. And this without sidestepping other unanswered crucial questions, such as why a bomb drill - organized by Craft - was going on during the marathon at which the bombing took place; and why it was <a href='http://asianmedia.com/GAAN/www/delivery/ck.php?n=a9473bc7&cb=%n' target='_blank'><img src='http://asianmedia.com/GAAN/www/delivery/avw.php?zoneid=36&cb=%n&n=a9473bc7&ct0=%c' border='0' alt='' ></a> vehemently denied that a bomb drill was going on. For this current set of questions, I'm grateful for the help of Asia Times Online's Bostonian readers.
  • 2. Since 9/11, the preferred FBI modus operandi is to use informants to lure ''potential'' terra-rists to act. See for example the Fast and Furious<-style Iran cum Mexican cartel plot. There's a strong possibility the Tsarnaev brothers were set up. In this case, is there anyone anywhere among the vast US intel apparatus investigating the FBI investigators?
  • 4. A Saudi student, injured at the bombing, who was in the US via a legal student visa, is suddenly deported on ''national security grounds'', even as investigators found ''unusual burns'' on his hand inconsistent with the injuries of other victims. He may have been a member of a Saudi clan notorious for its al-Qaeda connections. The FBI ''investigation'' is suddenly dropped shortly after the Saudi ambassador in the US held an unscheduled meeting with President Barack Obama. Add to it that even before the smoke had cleared, the Israel Lobby and the notorious disinformation website DEBKA were pointing their fingers at ''domestic terrorists with Middle East connections''.
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  • 5. The description of the car hijacked by the brothers, a Mercedes E350 SUV, matches the description of their car left at a service station in Cambridge for two weeks prior to the bombing. A mechanic in Cambridge said Dzhokhar, Tamerlan's brother, picked up his "black Mercedes SUV" on Tuesday, the day after the marathon. The two cars may be one and the same; that blows up the whole official ''carjacking'' narrative. 6. Additionally, there's a media blackout on the owner of the allegedly hijacked Mercedes, who in theory managed to escape and call the police, who maintains that the brothers went to three ATMs and withdrew US$800 from his account - not before telling him they were the ''marathon bombers and had killed an MIT police''. The driver said he was let off at a gas station on Memorial Drive in Cambridge. But some witnesses saw Dzhokhar at the station's convenience store - without any driver. Then the narrative of the brothers robbing a convenience store was revealed to be false. Police scanners referred to a "black top" person. Still, the official narrative is that the Tsarnaev brothers were at the same place and the same time of the robbery.
  • 9. The whole law enforcement apparatus insisted that there was a heavy exchange of gunfire with Dzokhar while he was hiding in a boat, before his arrest. That is false. He was unarmed, barely moving and the hail of bullets towards the boat came from the police.
  • Do the martial dance What the day-long delay in Dzhokhar's arrest indeed made possible was to turn Watertown into a monster dry run for urban martial law - euphemized as ''lockdown'' - in a very near future. As total militarization of civilian life goes - featuring, for instance, Homeland Security running amok with hundreds of armored vehicles - this was a major success. Meanwhile, on the ''legal'' front, the White House and the Justice Department are firmly on track to finally suppress the Miranda warning; that went into effect already two years ago, when an Obama secret executive order ruled the Miranda warning would not apply to suspected terrorists. Dzhokhar is a ''suspected'' terrorist - now charged with using and conspiring to use a weapon of mass destruction, yet already convicted by corporate media. Welcome to Police State USA - where at least everyone still has the right to go out shopping. For now.
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