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Paul Merrell

Al Qaeda: The Database | Global Research - 0 views

www.globalresearch.ca/...24738

war & peace al-Qaeda database

shared by Paul Merrell on 26 Jun 13 - No Cached
  • This article originally published by Global Research in 2005 sheds light on the nature of Al Qaeda, an intelligence construct used by Washington to destabilize and destroy sovereign countries, while sustaining the illusion of  an outside enemy, which threatens the security of the Western World.
  • Shortly before his untimely death, former British Foreign Secretary Robin Cook told the House of Commons that “Al Qaeda” is not really a terrorist group but a database of international mujaheddin and arms smugglers used by the CIA and Saudis to funnel guerrillas, arms, and money into Soviet-occupied Afghanistan. Courtesy of World Affairs, a journal based in New Delhi, WMR can bring you an important excerpt from an Apr.-Jun. 2004 article by Pierre-Henry Bunel, a former agent for French military intelligence. “I first heard about Al-Qaida while I was attending the Command and Staff course in Jordan. I was a French officer at that time and the French Armed Forces had close contacts and cooperation with Jordan . . .
  • “In the early 1980s the Islamic Bank for Development, which is located in Jeddah, Saudi Arabia, like the Permanent Secretariat of the Islamic Conference Organization, bought a new computerized system to cope with its accounting and communication requirements. At the time the system was more sophisticated than necessary for their actual needs. “It was decided to use a part of the system’s memory to host the Islamic Conference’s database. It was possible for the countries attending to access the database by telephone: an Intranet, in modern language. The governments of the member-countries as well as some of their embassies in the world were connected to that network. “[According to a Pakistani major] the database was divided into two parts, the information file where the participants in the meetings could pick up and send information they needed, and the decision file where the decisions made during the previous sessions were recorded and stored. In Arabic, the files were called, ‘Q eidat il-Maaloomaat’ and ‘Q eidat i-Taaleemaat.’ Those two files were kept in one file called in Arabic ‘Q eidat ilmu’ti’aat’ which is the exact translation of the English word database. But the Arabs commonly used the short word Al Qaida which is the Arabic word for “base.” The military air base of Riyadh, Saudi Arabia is called ‘q eidat ‘riyadh al ‘askariya.’ Q eida means “a base” and “Al Qaida” means “the base.” “In the mid-1980s, Al Qaida was a database located in computer and dedicated to the communications of the Islamic Conference’s secretariat.
  • ...5 more annotations...
  • “In the early 1990s, I was a military intelligence officer in the Headquarters of the French Rapid Action Force. Because of my skills in Arabic my job was also to translate a lot of faxes and letters seized or intercepted by our intelligence services . . . We often got intercepted material sent by Islamic networks operating from the UK or from Belgium. “These documents contained directions sent to Islamic armed groups in Algeria or in France. The messages quoted the sources of statements to be exploited in the redaction of the tracts or leaflets, or to be introduced in video or tapes to be sent to the media. The most commonly quoted sources were the United Nations, the non-aligned countries, the UNHCR and . . . Al Qaida. “Al Qaida remained the data base of the Islamic Conference. Not all member countries of the Islamic Conference are ‘rogue states’ and many Islamic groups could pick up information from the databases. It was but natural for Osama Bin Laden to be connected to this network. He is a member of an important family in the banking and business world. “Because of the presence of ‘rogue states,’ it became easy for terrorist groups to use the email of the database. Hence, the email of Al Qaida was used, with some interface system, providing secrecy, for the families of the mujaheddin to keep links with their children undergoing training in Afghanistan, or in Libya or in the Beqaa valley, Lebanon. Or in action anywhere in the battlefields where the extremists sponsored by all the ‘rogue states’ used to fight. And the ‘rogue states’ included Saudi Arabia. When Osama bin Laden was an American agent in Afghanistan, the Al Qaida Intranet was a good communication system through coded or covert messages.
  • “Al Qaida was neither a terrorist group nor Osama bin Laden’s personal property . . . The terrorist actions in Turkey in 2003 were carried out by Turks and the motives were local and not international, unified, or joint. These crimes put the Turkish government in a difficult position vis-a-vis the British and the Israelis. But the attacks certainly intended to ‘punish’ Prime Minister Erdogan for being a ‘toot tepid’ Islamic politician. ” . . . In the Third World the general opinion is that the countries using weapons of mass destruction for economic purposes in the service of imperialism are in fact ‘rogue states,” specially the US and other NATO countries. ” Some Islamic economic lobbies are conducting a war against the ‘liberal” economic lobbies. They use local terrorist groups claiming to act on behalf of Al Qaida. On the other hand, national armies invade independent countries under the aegis of the UN Security Council and carry out pre-emptive wars. And the real sponsors of these wars are not governments but the lobbies concealed behind them. “The truth is, there is no Islamic army or terrorist group called Al Qaida. And any informed intelligence officer knows this. But there is a propaganda campaign to make the public believe in the presence of an identified entity representing the ‘devil’ only in order to drive the ‘TV watcher’ to accept a unified international leadership for a war against terrorism. The country behind this propaganda is the US and the lobbyists for the US war on terrorism are only interested in making money.”
  • In yet another example of what happens to those who challenge the system, in December 2001, Maj. Pierre-Henri Bunel was convicted by a secret French military court of passing classified documents that identified potential NATO bombing targets in Serbia to a Serbian agent during the Kosovo war in 1998. Bunel’s case was transferred from a civilian court to keep the details of the case classified. Bunel’s character witnesses and psychologists notwithstanding, the system “got him” for telling the truth about Al Qaeda and who has actually been behind the terrorist attacks commonly blamed on that group. It is noteworthy that that Yugoslav government, the government with whom Bunel was asserted by the French government to have shared information, claimed that Albanian and Bosnian guerrillas in the Balkans were being backed by elements of “Al Qaeda.” We now know that these guerrillas were being backed by money provided by the Bosnian Defense Fund, an entity established as a special fund at Bush-influenced Riggs Bank and directed by Richard Perle and Douglas Feith. French officer Maj. Pierre-Henri Bunel, who knew the truth about “Al Qaeda” — Another target of the neo-cons.
  • This article originally published by Global Research in 2005 sheds light on the nature of Al Qaeda, an intelligence construct used by Washington to destabilize and destroy sovereign countries, while sustaining the illusion of  an outside enemy, which threatens the security of the Western World. *       *       * Shortly before his untimely death, former British Foreign Secretary Robin Cook told the House of Commons that “Al Qaeda” is not really a terrorist group but a database of international mujaheddin and arms smugglers used by the CIA and Saudis to funnel guerrillas, arms, and money into Soviet-occupied Afghanistan. Courtesy of World Affairs, a journal based in New Delhi, WMR can bring you an important excerpt from an Apr.-Jun. 2004 article by Pierre-Henry Bunel, a former agent for French military intelligence. “I first heard about Al-Qaida while I was attending the Command and Staff course in Jordan. I was a French officer at that time and the French Armed Forces had close contacts and cooperation with Jordan . . .
  • “Two of my Jordanian colleagues were experts in computers. They were air defense officers. Using computer science slang, they introduced a series of jokes about students’ punishment. “For example, when one of us was late at the bus stop to leave the Staff College, the two officers used to tell us: ‘You’ll be noted in ‘Q eidat il-Maaloomaat’ which meant ‘You’ll be logged in the information database.’ Meaning ‘You will receive a warning . . .’ If the case was more severe, they would used to talk about ‘Q eidat i-Taaleemaat.’ Meaning ‘the decision database.’ It meant ‘you will be punished.’ For the worst cases they used to speak of logging in ‘Al Qaida.’
Paul Merrell

Al Qaeda: The Database | Global Research - Centre for Research on Globalization - 0 views

www.globalresearch.ca/...24738

war & peace al-Qaeda-history U.S.-foreign-policy

shared by Paul Merrell on 05 Sep 15 - No Cached
  • Shortly before his untimely death, former British Foreign Secretary Robin Cook told the House of Commons that “Al Qaeda” is not really a terrorist group but a database of international mujaheddin and arms smugglers used by the CIA and Saudis to funnel guerrillas, arms, and money into Soviet-occupied Afghanistan. Courtesy of World Affairs, a journal based in New Delhi, WMR can bring you an important excerpt from an Apr.-Jun. 2004 article by Pierre-Henry Bunel, a former agent for French military intelligence. “I first heard about Al-Qaida while I was attending the Command and Staff course in Jordan. I was a French officer at that time and the French Armed Forces had close contacts and cooperation with Jordan . . . “Two of my Jordanian colleagues were experts in computers. They were air defense officers. Using computer science slang, they introduced a series of jokes about students’ punishment. “For example, when one of us was late at the bus stop to leave the Staff College, the two officers used to tell us: ‘You’ll be noted in ‘Q eidat il-Maaloomaat’ which meant ‘You’ll be logged in the information database.’ Meaning ‘You will receive a warning . . .’ If the case was more severe, they would used to talk about ‘Q eidat i-Taaleemaat.’ Meaning ‘the decision database.’ It meant ‘you will be punished.’ For the worst cases they used to speak of logging in ‘Al Qaida.’
  • “In the early 1980s the Islamic Bank for Development, which is located in Jeddah, Saudi Arabia, like the Permanent Secretariat of the Islamic Conference Organization, bought a new computerized system to cope with its accounting and communication requirements. At the time the system was more sophisticated than necessary for their actual needs. “It was decided to use a part of the system’s memory to host the Islamic Conference’s database. It was possible for the countries attending to access the database by telephone: an Intranet, in modern language. The governments of the member-countries as well as some of their embassies in the world were connected to that network. “[According to a Pakistani major] the database was divided into two parts, the information file where the participants in the meetings could pick up and send information they needed, and the decision file where the decisions made during the previous sessions were recorded and stored. In Arabic, the files were called, ‘Q eidat il-Maaloomaat’ and ‘Q eidat i-Taaleemaat.’ Those two files were kept in one file called in Arabic ‘Q eidat ilmu’ti’aat’ which is the exact translation of the English word database. But the Arabs commonly used the short word Al Qaida which is the Arabic word for “base.” The military air base of Riyadh, Saudi Arabia is called ‘q eidat ‘riyadh al ‘askariya.’ Q eida means “a base” and “Al Qaida” means “the base.”
  • “In the mid-1980s, Al Qaida was a database located in computer and dedicated to the communications of the Islamic Conference’s secretariat. “In the early 1990s, I was a military intelligence officer in the Headquarters of the French Rapid Action Force. Because of my skills in Arabic my job was also to translate a lot of faxes and letters seized or intercepted by our intelligence services . . . We often got intercepted material sent by Islamic networks operating from the UK or from Belgium. “These documents contained directions sent to Islamic armed groups in Algeria or in France. The messages quoted the sources of statements to be exploited in the redaction of the tracts or leaflets, or to be introduced in video or tapes to be sent to the media. The most commonly quoted sources were the United Nations, the non-aligned countries, the UNHCR and . . . Al Qaida. “Al Qaida remained the data base of the Islamic Conference. Not all member countries of the Islamic Conference are ‘rogue states’ and many Islamic groups could pick up information from the databases. It was but natural for Osama Bin Laden to be connected to this network. He is a member of an important family in the banking and business world.
  • ...3 more annotations...
  • “Because of the presence of ‘rogue states,’ it became easy for terrorist groups to use the email of the database. Hence, the email of Al Qaida was used, with some interface system, providing secrecy, for the families of the mujaheddin to keep links with their children undergoing training in Afghanistan, or in Libya or in the Beqaa valley, Lebanon. Or in action anywhere in the battlefields where the extremists sponsored by all the ‘rogue states’ used to fight. And the ‘rogue states’ included Saudi Arabia. When Osama bin Laden was an American agent in Afghanistan, the Al Qaida Intranet was a good communication system through coded or covert messages.
  • “Al Qaida was neither a terrorist group nor Osama bin Laden’s personal property . . . The terrorist actions in Turkey in 2003 were carried out by Turks and the motives were local and not international, unified, or joint. These crimes put the Turkish government in a difficult position vis-a-vis the British and the Israelis. But the attacks certainly intended to ‘punish’ Prime Minister Erdogan for being a ‘toot tepid’ Islamic politician. ” . . . In the Third World the general opinion is that the countries using weapons of mass destruction for economic purposes in the service of imperialism are in fact ‘rogue states,” specially the US and other NATO countries. ” Some Islamic economic lobbies are conducting a war against the ‘liberal” economic lobbies. They use local terrorist groups claiming to act on behalf of Al Qaida. On the other hand, national armies invade independent countries under the aegis of the UN Security Council and carry out pre-emptive wars. And the real sponsors of these wars are not governments but the lobbies concealed behind them. “The truth is, there is no Islamic army or terrorist group called Al Qaida. And any informed intelligence officer knows this. But there is a propaganda campaign to make the public believe in the presence of an identified entity representing the ‘devil’ only in order to drive the ‘TV watcher’ to accept a unified international leadership for a war against terrorism. The country behind this propaganda is the US and the lobbyists for the US war on terrorism are only interested in making money.”
  • In yet another example of what happens to those who challenge the system, in December 2001, Maj. Pierre-Henri Bunel was convicted by a secret French military court of passing classified documents that identified potential NATO bombing targets in Serbia to a Serbian agent during the Kosovo war in 1998. Bunel’s case was transferred from a civilian court to keep the details of the case classified. Bunel’s character witnesses and psychologists notwithstanding, the system “got him” for telling the truth about Al Qaeda and who has actually been behind the terrorist attacks commonly blamed on that group. It is noteworthy that that Yugoslav government, the government with whom Bunel was asserted by the French government to have shared information, claimed that Albanian and Bosnian guerrillas in the Balkans were being backed by elements of “Al Qaeda.” We now know that these guerrillas were being backed by money provided by the Bosnian Defense Fund, an entity established as a special fund at Bush-influenced Riggs Bank and directed by Richard Perle and Douglas Feith. French officer Maj. Pierre-Henri Bunel, who knew the truth about “Al Qaeda” — Another target of the neo-cons.
Paul Merrell

Federal Chief Information Officers (CIO) Council Wins Rosemary Award - 0 views

www2.gwu.edu/...20150318

Hillary Auction 2016 email-scandal State-Dept. gov't.-CIOs

shared by Paul Merrell on 19 Mar 15 - No Cached
  • Hillary Clinton E-Mail Controversy Illuminates Government-Wide Failure National Security Archive Lawsuit Established E-Mails as Records in 1993 CIO Council Repeats as Rosemary "Winner" for Doubling Down On "Lifetime Failure" Only White House Saves Its E-Mail Electronically, Agencies No Deadline Until 2016
  • The Federal Chief Information Officers (CIO) Council has won the infamous Rosemary Award for worst open government performance of 2014, according to the citation published today by the National Security Archive at www.nsarchive.org. The National Security Archive had hoped that awarding the 2010 Rosemary Award to the Federal Chief Information Officers Council for never addressing the government's "lifetime failure" of saving its e-mail electronically would serve as a government-wide wakeup call that saving e-mails was a priority. Fallout from the Hillary Clinton e-mail debacle shows, however, that rather than "waking up," the top officials have opted to hit the "snooze" button. The Archive established the not-so-coveted Rosemary Award in 2005, named after President Nixon's secretary, Rose Mary Woods, who testified she had erased 18-and-a-half minutes of a crucial Watergate tape — stretching, as she showed photographers, to answer the phone with her foot still on the transcription pedal. Bestowed annually to highlight the lowlights of government secrecy, the Rosemary Award has recognized a rogue's gallery of open government scofflaws, including the CIA, the Treasury Department, the Air Force, the FBI, the Justice Department, and Director of National Intelligence James Clapper.
  • Chief Information Officer of the United States Tony Scott was appointed to lead the Federal CIO Council on February 5, 2015, and his brief tenure has already seen more references in the news media to the importance of maintaining electronic government records, including e-mail, and the requirements of the Federal Records Act, than the past five years. Hopefully Mr. Scott, along with Office of Management & Budget Deputy Director for Management Ms. Beth Cobert will embrace the challenge of their Council being named a repeat Rosemary Award winner and use it as a baton to spur change rather than a cross to bear.
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  • Many on the Federal CIO Council could use some motivation, including the beleaguered State Department CIO, Steven Taylor. In office since April 3, 2013, Mr. Taylor is in charge of the Department's information resources and IT initiatives and services. He "is directly responsible for the Information Resource Management (IRM) Bureau's budget of $750 million, and oversees State's total IT/ knowledge management budget of approximately one billion dollars." Prior to his current position, Taylor served as Acting CIO from August 1, 2012, as the Department's Deputy Chief Information Officer (DCIO) and Chief Technology Officer of Operations from June 2011, and was the Program Director for the State Messaging and Archival Retrieval Toolset (SMART). While Hillary Clinton repeatedly claimed that because she sent her official e-mail to "government officials on their State or other .gov accounts ... the emails were immediately captured and preserved," a recent State Department Office of Inspector General report contradicts claims that DOS' e-mail archiving system, ironically named SMART, did so.
  • The report found that State Department "employees have not received adequate training or guidance on their responsibilities for using those systems to preserve 'record emails.'" In 2011, while Taylor was State's Chief Technology Officer of Operations, State Department employees only created 61,156 record e-mails out of more than a billion e-mails sent. In other words, roughly .006% of DOS e-mails were captured electronically. And in 2013, while Taylor was State's CIO, a paltry seven e-mails were preserved from the Office of the Secretary, compared to the 4,922 preserved by the Lagos Consulate in Nigeria. Even though the report notes that its assessments "do not apply to the system used by the Department's high-level principals, the Secretary, the Deputy Secretaries, the Under Secretaries, and their immediate staffs, which maintain separate systems," the State Department has not provided any estimation of the number of Clinton's e-mails that were preserved by recipients through the Department's anachronistic "print and file" system, or any other procedure.
  • The unfortunate silver lining of Hillary Clinton inappropriately appropriating public records as her own is that she likely preserved her records much more comprehensively than her State Department colleagues, most of whose e-mails have probably been lost under Taylor's IT leadership. 2008 reports by CREW, right, and the GAO, left, highlighted problems preserving e-mails. Click to enlarge. The bigger issue is that Federal IT gurus have known about this problem for years, and the State Department is not alone in not having done anything to fix it. A 2008 survey by Citizens for Responsibility and Ethics in Washington (CREW) and OpenTheGovernment.org did not find a single federal agency policy that mandates an electronic record keeping system agency-wide. Congressional testimony in 2008 by the Government Accountability Office indicted the standard "print and file" approach by pointing out:
  • 2011- the Justice Department (for doing more than any other agency to eviscerate President Obama's Day One transparency pledge through pit-bull whistleblower prosecutions, recycled secrecy arguments in court cases, retrograde FOIA regulations, and mixed FOIA responsiveness) 2010 - the Federal Chief Information Officers' Council (for "lifetime failure" to address the crisis in government e-mail preservation) 2009 - the FBI (for having a record-setting rate of "no records" responses to FOIA requests) 2008 - the Treasury Department (for shredding FOIA requests and delaying responses for decades) 2007 - the Air Force (for disappearing its FOIA requests and having "failed miserably" to meet its FOIA obligations, according to a federal court ruling) 2006 - the Central Intelligence Agency (for the biggest one-year drop-off in responsiveness to FOIA requests yet recorded).
  • Troublingly, current Office of Management and Budget guidance does not require federal agencies to manage "all email records in an electronic format" until December 31, 2016. The only part of the federal government that seems to be facing up to the e-mail preservation challenge with any kind of "best practice" is the White House, where the Obama administration installed on day one an e-mail archiving system that preserves and manages even the President's own Blackberry messages. The National Security Archive brought the original White House e-mail lawsuit against President Reagan in early 1989, and continued the litigation against Presidents George H.W. Bush and Bill Clinton, until court orders compelled the White House to install the "ARMS" system to archive e-mail. The Archive sued the George W. Bush administration in 2007 after discovering that the Bush White House had junked the Clinton system without replacing its systematic archiving functions. CREW subsequently joined this suit and with the Archive negotiated a settlement with the Obama administration that included the recovery of as many as 22 million e-mails that were previously missing or misfiled.
  • s a result of two decades of the Archive's White House e-mail litigation, several hundred thousand e-mails survive from the Reagan White House, nearly a half million from the George H.W. Bush White House, 32 million from the Clinton White House, and an estimated 220 million from the George W. Bush White House. Previous recipients of the Rosemary Award include: 2013 - Director of National Intelligence James Clapper (for his "No, sir" lie to Senator Ron Wyden's question: "Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?") 2012 - the Justice Department (in a repeat performance, for failing to update FOIA regulations to comply with the law, undermining congressional intent, and hyping its open government statistics)
  • Rogue Band of Federal E-mail Users and Abusers Compounds Systemic Problems Former Secretary of State Hillary Clinton and other federal officials who skirt or even violate federal laws designed to preserve electronic federal records compound e-mail management problems. Top government officials who use personal e-mail for official business include: Clinton; former U.S. Ambassador to Kenya Scott Gration; chairman of the U.S. Chemical Safety Board Rafael Moure-Eraso; and former Secretary of State Colin Powell, who told ABC's This Week "I don't have any to turn over. I did not keep a cache of them. I did not print them off. I do not have thousands of pages somewhere in my personal files." Others who did not properly save electronic federal records include Environmental Protection Agency former administrator Lisa Jackson who used the pseudonym Richard Windsor to receive email; current EPA administrator Gina McCarthy, who improperly deleted thousands of text messages (which also are federal records) from her official agency cell phone; and former Internal Revenue Service official Lois Lerner, whose emails regarding Obama's political opponents "went missing or became destroyed."
  • "agencies recognize that devoting significant resources to creating paper records from electronic sources is not a viable long-term strategy;" yet GAO concluded even the "print and file" system was failing to capture historic records "for about half of the senior officials."
  • The destruction of other federal records was even more blatant. Jose Rodriguez, the former CIA official in charge of the agency's defunct torture program ordered the destruction of key videos documenting it in 2005, claiming that "the heat from destroying [the torture videos] is nothing compared to what it would be if the tapes ever got into the public domain;" Admiral William McRaven, ordered the immediate destruction of any emails about Operation Neptune Spear, including any photos of the death of Osama bin Laden ("destroy them immediately"), telling subordinates that any photos should have already been turned over to the CIA — presumably so they could be placed in operational files out of reach of the FOIA. These rogues make it harder — if not impossible — for agencies to streamline their records management, and for FOIA requesters and others to obtain official records, especially those not exchanged with other government employees. The US National Archives currently trusts agencies to determine and preserve e-mails which agencies have "deemed appropriate for preservation" on their own, often by employing a "print and file" physical archiving process for digital records. Any future reforms to e-mail management must address the problems of outdated preservation technology, Federal Records Act violators, and the scary fact that only one per cent of government e-mail addresses are saved digitally by the National Archive's recently-initiated "Capstone" program.
  • Paul Merrell on 19 Mar 15
     
    Complete with photos, names, titles, of the 41 federal department and independent agency CIOs. The March 2015 Insopector General report linked from the article belies Hillary Clinton's claim that all emails she sent to State Department staff had been preserved by the Department.   
Gary Edwards

The obscure legal system that lets corporations sue countries | Claire Provost and Matt... - 0 views

www.theguardian.com/...rtations-sue-states-ttip-icsid

ISDS TTIP Banksters World-Banksters

shared by Gary Edwards on 10 Jun 15 - No Cached
  • Every year on 15 September, thousands of Salvadorans celebrate the date when much of Central America gained independence from Spain. Fireworks are set off and marching bands parade through villages across the country. But, last year, in the town of San Isidro, in Cabañas, the festivities had a markedly different tone. Hundreds had gathered to protest against the mine. Gold mines often use cyanide to separate gold from ore, and widespread concern over already severe water contamination in El Salvador has helped fuel a powerful movement determined to keep the country’s minerals in the ground. In the central square, colourful banners were strung up, calling on OceanaGold to drop its case against the country and leave the area. Many were adorned with the slogan, “No a la mineria, Si a la vida” (No to mining, Yes to life). On the same day, in Washington DC, Parada gathered his notes and shuffled into a suite of nondescript meeting rooms in the World Bank’s J building, across the street from its main headquarters on Pennsylvania Avenue. This is the International Centre for the Settlement of Investment Disputes (ICSID): the primary institution for handling the cases that companies file against sovereign states. (The ICSID is not the sole venue for such cases; there are similar forums in London, Paris, Hong Kong and the Hague, among others.) The date of the hearing was not a coincidence, Parada said. The case has been framed in El Salvador as a test of the country’s sovereignty in the 21st century, and he suggested that it should be heard on Independence Day. “The ultimate question in this case,” he said, “is whether a foreign investor can force a government to change its laws to please the investor as opposed to the investor complying with the laws they find in the country.”
  • Most international investment treaties and free-trade deals grant foreign investors the right to activate this system, known as investor-state dispute settlement (ISDS), if they want to challenge government decisions affecting their investments. In Europe, this system has become a sticking point in negotiations over the controversial Transatlantic Trade and Investment Partnership (TTIP) deal proposed between the European Union and the US, which would massively extend its scope and power and make it harder to challenge in the future. Both France and Germany have said that they want access to investor-state dispute settlement removed from the TTIP treaty currently under discussion. Investors have used this system not only to sue for compensation for alleged expropriation of land and factories, but also over a huge range of government measures, including environmental and social regulations, which they say infringe on their rights. Multinationals have sued to recover money they have already invested, but also for alleged lost profits and “expected future profits”. The number of suits filed against countries at the ICSID is now around 500 – and that figure is growing at an average rate of one case a week. The sums awarded in damages are so vast that investment funds have taken notice: corporations’ claims against states are now seen as assets that can be invested in or used as leverage to secure multimillion-dollar loans. Increasingly, companies are using the threat of a lawsuit at the ICSID to exert pressure on governments not to challenge investors’ actions.
  • “I had absolutely no idea this was coming,” Parada said. Sitting in a glass-walled meeting room in his offices, at the law firm Foley Hoag, he paused, searching for the right word to describe what has happened in his field. “Rogue,” he decided, finally. “I think the investor-state arbitration system was created with good intentions, but in practice it has gone completely rogue.”
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  • The quiet village of Moorburg in Germany lies just across the river from Hamburg. Past the 16th-century church and meadows rich with wildflowers, two huge chimneys spew a steady stream of thick, grey smoke into the sky. This is Kraftwerk Moorburg, a new coal-fired power plant – the village’s controversial next-door neighbour. In 2009, it was the subject of a €1.4bn investor-state case filed by Vattenfall, the Swedish energy giant, against the Federal Republic of Germany. It is a prime example of how this powerful international legal system, built to protect foreign investors in developing countries, is now being used to challenge the actions of European governments as well. Since the 1980s, German investors have sued dozens of countries, including Ghana, Ukraine and the Philippines, at the World Bank’s Centre in Washington DC. But with the Vattenfall case, Germany found itself in the dock for the first time. The irony was not lost on those who considered Germany to be the grandfather of investor-state arbitration: it was a group of German businessmen, in the late 1950s, who first conceived of a way to protect their overseas investments as a wave of developing countries gained independence from European colonial powers. Led by Deutsche Bank chairman Hermann Abs, they called their proposal an “international magna carta” for private investors.
  • In the 1960s, the idea was taken up by the World Bank, which said that such a system could help the world’s poorer countries attract foreign capital. “I am convinced,” the World Bank president George Woods said at the time, “that those … who adopt as their national policy a welcome [environment] for international investment – and that means, to mince no words about it, giving foreign investors a fair opportunity to make attractive profits – will achieve their development objectives more rapidly than those who do not.” At the World Bank’s 1964 annual meeting in Tokyo, it approved a resolution to set up a mechanism for handling investor-state cases. The first line of the ICSID Convention’s preamble sets out its goal as “international cooperation for economic development”. There was sharp opposition to this system from its inception, with a bloc of developing countries warning that it would undermine their sovereignty. A group of 21 countries – almost every Latin American country, plus Iraq and the Philippines – voted against the proposal in Tokyo. But the World Bank moved ahead regardless. Andreas Lowenfeld, an American legal academic who was involved in some of these early discussions, later remarked: “I believe this was the first time that a major resolution of the World Bank had been pressed forward with so much opposition.”
  • now governments are discovering, too late, the true price of that confidence. The Kraftwerk Moorburg plant was controversial long before the case was filed. For years, local residents and environmental groups objected to its construction, amid growing concern over climate change and the impact the project would have on the Elbe river. In 2008, Vattenfall was granted a water permit for its Moorburg project, but, in response to local pressure, local authorities imposed strict environmental conditions to limit the utility’s water usage and its impact on fish. Vattenfall sued Hamburg in the local courts. But, as a foreign investor, it was also able to file a case at the ICSID. These environmental measures, it said, were so strict that they constituted a violation of its rights as guaranteed by the Energy Charter Treaty, a multilateral investment agreement signed by more than 50 countries, including Sweden and Germany. It claimed that the environmental conditions placed on its permit were so severe that they made the plant uneconomical and constituted acts of indirect expropriation.
  • With the rapid growth in these treaties – today there are more than 3,000 in force – a specialist industry has developed in advising companies how best to exploit treaties that give investors access to the dispute resolution system, and how to structure their businesses to benefit from the different protections on offer. It is a lucrative sector: legal fees alone average $8m per case, but they have exceeded $30m in some disputes; arbitrators’ fees at start at $3,000 per day, plus expenses.
  • Vattenfall v Germany ended in a settlement in 2011, after the company won its case in the local court and received a new water permit for its Moorburg plant – which significantly lowered the environmental standards that had originally been imposed, according to legal experts, allowing the plant to use more water from the river and weakening measures to protect fish. The European Commission has now stepped in, taking Germany to the EU Court of Justice, saying its authorisation of the Moorburg coal plant violated EU environmental law by not doing more to reduce the risk to protected fish species, including salmon, which pass near the plant while migrating from the North Sea. A year after the Moorburg case closed, Vattenfall filed another claim against Germany, this time over the federal government’s decision to phase out nuclear power. This second suit – for which very little information is available in the public domain, despite reports that the company is seeking €4.7bn from German taxpayers – is still ongoing. Roughly one third of all concluded cases filed at the ICSID are recorded as ending in “settlements”, which – as the Moorburg dispute shows – can be very profitable for investors, though their terms are rarely fully disclosed.
  • “It was a total surprise for us,” the local Green party leader Jens Kerstan laughed, in a meeting at his sunny office in Hamburg last year. “As far as I knew, there were some [treaties] to protect German companies in the [developing] world or in dictatorships, but that a European company can sue Germany, that was totally a surprise to me.”
  • While a tribunal cannot force a country to change its laws, or give a company a permit, the risk of massive damages may in some cases be enough to persuade a government to reconsider its actions. The possibility of arbitration proceedings can be used to encourage states to enter into meaningful settlement negotiations.
  • A small number of countries are now attempting to extricate themselves from the bonds of the investor-state dispute system. One of these is Bolivia, where thousands of people took to the streets of the country’s third-largest city, Cochabamba, in 2000, to protest against a dramatic hike in water rates by a private company owned by Bechtel, the US civil engineering firm. During the demonstrations, the Bolivian government stepped in and terminated the company’s concession. The company then filed a $50m suit against Bolivia at the ICSID. In 2006, following a campaign calling for the case to be thrown out, the company agreed to accept a token payment of less than $1. After this expensive case, Bolivia cancelled the international agreements it had signed with other states giving their investors access to these tribunals. But getting out of this system is not easily done. Most of these international agreements have sunset clauses, under which their provisions remain in force for a further 10 or even 20 years, even if the treaties themselves are cancelled.
  • There are now thousands of international investment agreements and free-trade acts, signed by states, which give foreign companies access to the investor-state dispute system, if they decide to challenge government decisions. Disputes are typically heard by panels of three arbitrators; one selected by each side, and the third agreed upon by both parties. Rulings are made by majority vote, and decisions are final and binding. There is no appeals process – only an annulment option that can be used on very limited grounds. If states do not pay up after the decision, their assets are subject to seizure in almost every country in the world (the company can apply to local courts for an enforcement order).
  • While there is no equivalent of legal aid for states trying to defend themselves against these suits, corporations have access to a growing group of third-party financiers who are willing to fund their cases against states, usually in exchange for a cut of any eventual award.
  • Increasingly, these suits are becoming valuable even before claims are settled. After Rurelec filed suit against Bolivia, it took its case to the market and secured a multimillion-dollar corporate loan, using its dispute with Bolivia as collateral, so that it could expand its business. Over the last 10 years, and particularly since the global financial crisis, a growing number of specialised investment funds have moved to raise money through these cases, treating companies’ multimillion-dollar claims against states as a new “asset class”.
  • El Salvador has already spent more than $12m defending itself against Pacific Rim, but even if it succeeds in beating the company’s $284m claim, it may never recover these costs. For years Salvadoran protest groups have been calling on the World Bank to initiate an open and public review of ICSID. To date, no such study has been carried out. In recent years, a number of ideas have been mooted to reform the international investor-state dispute system – to adopt a “loser pays” approach to costs, for example, or to increase transparency. The solution may lie in creating an appeals system, so that controversial judgments can be revisited.
  • Brazil has never signed up to this system – it has not entered into a single treaty with these investor-state dispute provisions – and yet it has had no trouble attracting foreign investment.
  • Gary Edwards on 10 Jun 15
     
    "Luis Parada's office is just four blocks from the White House, in the heart of K Street, Washington's lobbying row - a stretch of steel and glass buildings once dubbed the "road to riches", when influence-peddling became an American growth industry. Parada, a soft-spoken 55-year-old from El Salvador, is one of a handful of lawyers in the world who specialise in defending sovereign states against lawsuits lodged by multinational corporations. He is the lawyer for the defence in an obscure but increasingly powerful field of international law - where foreign investors can sue governments in a network of tribunals for billions of dollars. Fifteen years ago, Parada's work was a minor niche even within the legal business. But since 2000, hundreds of foreign investors have sued more than half of the world's countries, claiming damages for a wide range of government actions that they say have threatened their profits. In 2006, Ecuador cancelled an oil-exploration contract with Houston-based Occidental Petroleum; in 2012, after Occidental filed a suit before an international investment tribunal, Ecuador was ordered to pay a record $1.8bn - roughly equal to the country's health budget for a year. (Ecuador has logged a request for the decision to be annulled.) Parada's first case was defending Argentina in the late 1990s against the French conglomerate Vivendi, which sued after the Argentine province of Tucuman stepped in to limit the price it charged people for water and wastewater services. Argentina eventually lost, and was ordered to pay the company more than $100m. Now, in his most high-profile case yet, Parada is part of the team defending El Salvador as it tries to fend off a multimillion-dollar suit lodged by a multinational mining company after the tiny Central American country refused to allow it to dig for gold."
Paul Merrell

The 'Athens Affair' shows why we need encryption without backdoors | Trevor Timm | Comm... - 0 views

www.theguardian.com/...ns-affair-encryption-backdoors

surveillance state NSA Athens-Affair Bamford

shared by Paul Merrell on 11 Oct 15 - No Cached
  • Just as it seems the White House is close to finally announcing its policy on encryption - the FBI has been pushing for tech companies like Apple and Google to insert backdoors into their phones so the US government can always access users’ data - new Snowden revelations and an investigation by a legendary journalist show exactly why the FBI’s plans are so dangerous. One of the biggest arguments against mandating backdoors in encryption is the fact that, even if you trust the United States government never to abuse that power (and who does?), other criminal hackers and foreign governments will be able to exploit the backdoor to use it themselves. A backdoor is an inherent vulnerability that other actors will attempt to find and try to use it for their own nefarious purposes as soon as they know it exists, putting all of our cybersecurity at risk. In a meticulous investigation, longtime NSA reporter James Bamford reported at the Intercept Tuesday that the NSA was behind the notorious “Athens Affair”. In surveillance circles, the Athens Affair is stuff of legend: after the 2004 Olympics, the Greek government discovered that an unknown attacker had hacked into Vodafone’s “lawful intercept” system, the phone company’s mechanism of wiretapping phone calls. The attacker spied on phone calls of the president, other Greek politicians and journalists before it was discovered. According to Bamford’s story, all this happened after the US spy agency cooperated with Greek law enforcement to keep an eye on potential terrorist attacks for the Olympics. Instead of packing up their surveillance gear, they covertly pointed it towards the Greek government and its people. But that’s not all: according to Snowden documents that Bamford cited, this is a common tactic of the NSA. They often attack the “lawful intercept” systems in other countries to spy on government and citizens without their knowledge:
  • Exploiting the weaknesses associated with lawful intercept programs was a common trick for NSA. According to a previously unreleased top-secret PowerPoint presentation from 2012, titled “Exploiting Foreign Lawful Intercept Roundtable”, the agency’s “countries of interest” for this work included, at that time, Mexico, Indonesia, Egypt and others. The presentation also notes that NSA had about 60 “Fingerprints” — ways to identify data — from telecom companies and industry groups that develop lawful intercept systems, including Ericsson, as well as Motorola, Nokia and Siemens. It’s the exact nightmare scenario security experts have warned about when it comes to backdoors: they are not only available to those that operate them “legally”, but also to those who can hack into them to spy without anyone’s knowledge. If the NSA can do it, so can China, Russia and a host of other malicious actors.
Gary Edwards

When Governments Go Rogue - 0 views

www.shtfplan.com/...-governments-go-rogue_12012011

Banksters Rogue-Government Liberty-Tryanny

shared by Gary Edwards on 02 Dec 11 - No Cached
  • Gary Edwards on 02 Dec 11
     
    Brandon Smith of Alt-Market.com delivers yet another powerful missive as he outlines the transgressions of a government that has gone completely rogue and counter to the founding principles of our Constitution. This one is a must read to the very last line. Wow!
Paul Merrell

Argentina Prosecutor Who Accused Kirchner Had Steady Contact With US Embassy, Leaked Ca... - 0 views

news.vice.com/...-us-embassy-leaked-cables-show

war & peace U.S.-foreign-policy Argentina interference-in-foreign-governments

shared by Paul Merrell on 02 Feb 15 - No Cached
  • Alberto Nisman, the prosecutor who accused Argentina's president of a cover-up plot over the 1994 bombing of a Jewish center before being found shot to death, met repeatedly with the US embassy in Buenos Aires during his investigation, leaked diplomatic cables show.Nisman gave US officials advanced notice on his procedural moves and was apparently coached by the embassy in "improving" his requests for arrest warrants for Iranians that Nisman suspected of carrying out the deadly attack against the Argentine Israeli Mutual Association, or AIMA, according to cables published by Wikileaks."Embassy can now more logically approach the [government of Argentina] about [its] anticipated next steps and ways we might be able to coordinate outreach to other governments [...] to bring attention to the warrants and pressure to bear on Iran and Hezbollah," says one US cable dated November 1, 2006, after a meeting with Nisman.The revelations are adding fodder to the entangled scandal over the AIMA center bombing, Nisman's mysterious death, and the reactions of President Cristina Fernandez de Kirchner and her government loyalists.The president and her supporters have piled doubt on Nisman's investigation, suggesting he didn't himself write the inquiry accusing Kirchner of a cover-up deal with Iran, and that he was influenced by foreign agents in his claims. Kirchner said this week that Nisman was manipulated and double-crossed by government spies plotting against her.
  • Nisman on January 16 told VICE News he had proof that Kirchner sought a back-channel deal with Iran — swapping Iranian oil for Argentine grain — in exchange for abandoning efforts to prosecute former Iranian diplomats in connection to the Jewish center bombing.Eight-five people were killed in the terror attack, which remains unsolved. Survivors and opposition forces are now blaming Kirchner's government for Nisman's death.
  • The prosecutor, who was found dead the night before making his blockbuster claim against Kirchner and her foreign minister in Argentina's Congress, is mentioned in 46 leaked US cables.In the cable from November 2006, Nisman informed US officials of the likelihood that a judge would follow his recommendations to seek charges against Iranian suspects for the bombing. American embassy officials discussed plans to inform "other governments" ahead of time, in an apparent push to make the case against the Iranians an international matter.Another cable, dated January 19, 2007, suggests the US embassy had a hand in shaping Nisman's warrant requests with Interpol, the international diplomatic police force. The cable shows US officials thought Nisman's work was shoddy and needed help.Before the Justice Department's Office of International Affairs intervened in the warrant applications, the cable says, Nisman's paperwork contained "statements that were presumptuous conclusions of guilt."Nisman took on the case of the AIMA center bombing in 2004, at the request of the then-President Nestor Kirchner, Cristina Fernandez's late husband. In his interview with VICE News — perhaps his last with a foreign news organization — Nisman denied connections with any foreign spy agencies.
  • ...4 more annotations...
  • "You won't find reports from the CIA, Mossad, or the MI5 in my files. I have no doubt that there is a link between them and the Argentine intelligence agency, but I never dealt with any foreign intelligence agencies," Nisman said, two days before he was found dead.The US embassy in Buenos Aires declined to discuss its officers' interactions with Nisman. "We will not comment on the contents of these alleged cables that purport to include classified information," an embassy spokesman told VICE News.
  • The relationship was apparently so involved that Nisman apologized for not letting then-ambassador Earl Anthony Wayne know that he would call for the arrest of former president Carlos Menem in relation to the case."AMIA Special Prosecutor Alberto Nisman called the Ambassador on May 23 to apologize for not giving the Embassy advance notice of his request for the arrest of former President Menem and other [government of Argentina] officials for their alleged roles in the cover up of the 'local connection' in the 1994 terrorist bombing of the AMIA Jewish community center," says a cable from May 2008.The prosecutor also apologized that the judicial order coincided with a visit to Argentina from the former deputy director of the FBI, John Pistole, adding it was "completely unintentional," the cable shows."He noted that he was very sorry and that he sincerely appreciates all of the [US government's] help and support and in no way meant to undermine that," the cable continues.
  • The cable also notes that US officials "have for the past two years recommended to Nisman that he focus on the perpetrators of the terrorist attack and not on the possible mishandling of the first investigation."Santiago O'Donnell, author of two books based on the cables released by Julian Assange, said in an interview that the leaked cables show the US influenced Nisman throughout his work on the AIMA bombing investigation."The embassy gave instructions to the prosecutor Nisman for him to follow the Iranian lead, and not follow other leads, like the Syrian lead, or the local connection, because that would detract from the terrorist image that the US was trying to impose on Iran," O'Donnell said.President Kirchner this week proposed in a nationally televised address to disband and reform the government's intelligence agency. In doing so, she said rogue government spies were responsible for Nisman's death. Opposition voices, meanwhile, said the reform plan for the Secretaría de Inteligencia, or SI, would further politicize the work of the embattled spy agency and make it more responsive to the president's political whims.
  • Alberto Nisman, the prosecutor who accused Argentina's president of a cover-up plot over the 1994 bombing of a Jewish center before being found shot to death, met repeatedly with the US embassy in Buenos Aires during his investigation, leaked diplomatic cables show.Nisman gave US officials advanced notice on his procedural moves and was apparently coached by the embassy in "improving" his requests for arrest warrants for Iranians that Nisman suspected of carrying out the deadly attack against the Argentine Israeli Mutual Association, or AIMA, according to cables published by Wikileaks."Embassy can now more logically approach the [government of Argentina] about [its] anticipated next steps and ways we might be able to coordinate outreach to other governments [...] to bring attention to the warrants and pressure to bear on Iran and Hezbollah," says one US cable dated November 1, 2006, after a meeting with Nisman.
  • Paul Merrell on 02 Feb 15
     
    Well this is interesting. The U.S. was covertly working through an Argentinian prosecutor to topple Argentina's head of state. On the plan to reform the Argentine intelligence service, that service's subordination to the CIA was the prototype operation than led to Operation Condor, in which the CIA subverted most intelligence services in Latin America, leading to coups and the deaths and disappearnaces of hundreds of thousands Latin American citizens suspected of being left-leaning. The overthrow of the Allende government in Chile is perhaps the best known in the U.S. 
Paul Merrell

It's Time to Rewrite the Internet to Give Us Better Privacy, and Security - The Daily B... - 0 views

www.thedailybeast.com/...tter-privacy-and-security.html

surveillance state lessig surveillance-blocking

shared by Paul Merrell on 22 Jun 13 - No Cached
  • Almost 15 years ago, as I was just finishing a book about the relationship between the Net (we called it “cyberspace” then) and civil liberties, a few ideas seemed so obvious as to be banal: First, life would move to the Net. Second, the Net would change as it did so. Gone would be simple privacy, the relatively anonymous default infrastructure for unmonitored communication; in its place would be a perpetually monitored, perfectly traceable system supporting both commerce and the government. That, at least, was the future that then seemed most likely, as business raced to make commerce possible and government scrambled to protect us (or our kids) from pornographers, and then pirates, and now terrorists. But another future was also possible, and this was my third, and only important point: Recognizing these obvious trends, we just might get smart about how code (my shorthand for the technology of the Internet) regulates us, and just possibly might begin thinking smartly about how we could embed in that code the protections that the Constitution guarantees us. Because—and here was the punchline, the single slogan that all 724 people who read that book remember—code is law. And if code is law, then we need to be as smart about how code regulates us as we are about how the law does so.
  • There is, after all, something hopeful about a future that was smart about encoding our civil liberties. It could, in theory at least, be better. Better at protecting us from future Nixons, better at securing privacy, and better at identifying those keen to commit crime.
  • But what astonishes me is that today, more than a decade into the 21st century, the world has remained mostly oblivious to these obvious points about the relationship between law and code. That’s the bit in the Edward Snowden interview that is, to me, the most shocking. As he explained to Glenn Greenwald: The NSA specially targets the communications of everyone. It ingests them by default. It collects them in its system, and it filters them and it analyzes them and it measures them and it stores them for periods of time simply because that’s the easiest and the most efficient and most valuable way to achieve these ends ... Not all analysts have the ability to target everything. But I sitting at my desk certainly had the authority to wiretap anyone—from you [the reporter, Glenn Greenwald], to your accountant, to a federal judge, to even the president if I had a personal email. We don’t know yet whether Snowden is telling the truth. Lots of people have denied specifics, and though his interview is compelling, just now, we literally don’t know. But what we do know are the questions that ought to be asked in response to his claims. And specifically, this: Is it really the case that the government has entrusted our privacy to the good judgment of private analysts? Are there really no code-based controls for assuring that specific surveillance is specifically justified? And what is the technology for assuring that rogues paid by our government can’t use data collected by our government for purposes that none within our government would openly and publicly defend?
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  • Because the fact is that there is technology that could be deployed that would give many the confidence that none of us now have. “Trust us” does not compute. But trust and verify, with high-quality encryption, could. And there are companies, such as Palantir, developing technologies that could give us, and more importantly, reviewing courts, a very high level of confidence that data collected or surveilled was not collected or used in an improper way. Think of it as a massive audit log, recording how and who used what data for what purpose. We could code the Net in a string of obvious ways to give us even better privacy, while also enabling better security. But we don’t, or haven’t, obviously. Maybe because of stupidity. How many congressmen could even describe how encryption works? Maybe because of cupidity. Who within our system can resist large and lucrative contracts to private companies, especially when bundled with generous campaign funding packages? Or maybe because the “permanent war” that Obama told us we were not in has actually convinced all within government that old ideas are dead and we just need to “get over it”—ideas like privacy, and due process, and fundamental proportionality. These ideas may be dead, for now. And they will stay dead, in the future. At least until we finally learn how liberty can live in the digital age. And here’s the hint: not through law alone, but through law that demands code that even the Electronic Frontier Foundation could trust.
  • Paul Merrell on 22 Jun 13
     
    As the most prominent among law professors concerned with online civil liberties and now specializing in government corruption, if Lawrence Lessig says there are technical solutions for protecting us from online government snooping, I'm all years. He directs attention to technology being developed by Palantir, http://www.palantir.com/
Gary Edwards

The secret corporate takeover of trade agreements | Business | The Guardian - 0 views

www.theguardian.com/...e-takeover-of-trade-agreements

New-World-Order TTP

shared by Gary Edwards on 13 May 15 - No Cached
  • The US and the world are engaged in a great debate about new trade agreements. Such pacts used to be called free-trade agreements; in fact, they were managed trade agreements, tailored to corporate interests, largely in the US and the EU. Today, such deals are more often referred to as partnerships, as in the Trans-Pacific Partnership (TPP). But they are not partnerships of equals: the US effectively dictates the terms. Fortunately, America’s “partners” are becoming increasingly resistant. It is not hard to see why. These agreements go well beyond trade, governing investment and intellectual property as well, imposing fundamental changes to countries’ legal, judicial, and regulatory frameworks, without input or accountability through democratic institutions. Perhaps the most invidious – and most dishonest – part of such agreements concerns investor protection. Of course, investors have to be protected against rogue governments seizing their property. But that is not what these provisions are about. There have been very few expropriations in recent decades, and investors who want to protect themselves can buy insurance from the Multilateral Investment Guarantee Agency, a World Bank affiliate, and the US and other governments provide similar insurance. Nonetheless, the US is demanding such provisions in the TPP, even though many of its partners have property protections and judicial systems that are as good as its own.
  • The real intent of these provisions is to impede health, environmental, safety, and, yes, even financial regulations meant to protect America’s own economy and citizens. Companies can sue governments for full compensation for any reduction in their future expected profits resulting from regulatory changes. This is not just a theoretical possibility. Philip Morris is suing Uruguay and Australia for requiring warning labels on cigarettes. Admittedly, both countries went a little further than the US, mandating the inclusion of graphic images showing the consequences of cigarette smoking. The labeling is working. It is discouraging smoking. So now Philip Morris is demanding to be compensated for lost profits. In the future, if we discover that some other product causes health problems (think of asbestos), rather than facing lawsuits for the costs imposed on us, the manufacturer could sue governments for restraining them from killing more people. The same thing could happen if our governments impose more stringent regulations to protect us from the impact of greenhouse gas emissions.
  • When I chaired Bill Clinton’s council of economic advisers, when he was president, anti-environmentalists tried to enact a similar provision, called “regulatory takings”. They knew that once enacted, regulations would be brought to a halt, simply because government could not afford to pay the compensation. Fortunately, we succeeded in beating back the initiative, both in the courts and in the US Congress. But now the same groups are attempting an end run around democratic processes by inserting such provisions in trade bills, the contents of which are being kept largely secret from the public (but not from the corporations that are pushing for them). It is only from leaks, and from talking to government officials who seem more committed to democratic processes, that we know what is happening.
  • ...3 more annotations...
  • Fundamental to America’s system of government is an impartial public judiciary, with legal standards built up over the decades, based on principles of transparency, precedent, and the opportunity to appeal unfavourable decisions. All of this is being set aside, as the new agreements call for private, non-transparent, and very expensive arbitration. Moreover, this arrangement is often rife with conflicts of interest; for example, arbitrators may be a judge in one case and an advocate in a related case. The proceedings are so expensive that Uruguay has had to turn to Michael Bloomberg and other wealthy Americans committed to health to defend itself against Philip Morris. And, though corporations can bring suit, others cannot. If there is a violation of other commitments – on labour and environmental standards, for example – citizens, unions, and civil society groups have no recourse. If there ever was a one-sided dispute-resolution mechanism that violates basic principles, this is it. That is why I joined leading US legal experts, including from Harvard, Yale, and Berkeley, in writing a letter to Barack Obama explaining how damaging to our system of justice these agreements are.
  • American supporters of such agreements point out that the US has been sued only a few times so far, and has not lost a case. Corporations, however, are just learning how to use these agreements to their advantage. And high-priced corporate lawyers in the US, Europe and Japan will likely outmatch the underpaid government lawyers attempting to defend the public interest. Worse still, corporations in advanced countries can create subsidiaries in member countries through which to invest back home, and then sue, giving them a new channel to bloc regulations. If there were a need for better property protection, and if this private, expensive dispute-resolution mechanism were superior to a public judiciary, we should be changing the law not just for well heeled foreign companies but also for our own citizens and small businesses. But there has been no suggestion that this is the case.
  • Rules and regulations determine the kind of economy and society in which people live. They affect relative bargaining power, with important implications for inequality, a growing problem around the world. The question is whether we should allow rich corporations to use provisions hidden in so-called trade agreements to dictate how we will live in the 21st century. I hope citizens in the US, Europe and the Pacific answer with a resounding no. Joseph Stiglitz, a Nobel laureate in economics, is a professor at Columbia University. His most recent book, co-authored with Bruce Greenwald, is Creating a Learning Society: A New Approach to Growth, Development, and Social Progress
  • Gary Edwards on 13 May 15
     
    Economist Joseph Stiglitz takes on the TPP (Trans Pacific Partnership) trade agreement, explaining how corporations will use the agreement to side step environmental and regulatory laws of sovereign nations. Amazing stuff. No doubt Wall Street Money is behind these trade agreement. The Banksters are said to own over 40% of the world's corporations and these agreements are designed to establish corporate sovereignty while greatly diminishing state sovereignty. It's the New World Order. "Terms such as 'investor' and 'partner' are taking on new meanings as multinationals manipulate deals to take legal action against sovereign states"
Gary Edwards

IRS Lawyer Carter Hull Confirms Tea Party Targeting Ordered By Washington - Investors.com - 0 views

news.investors.com/...hington-targeted-tea-party.htm

Christine-ODonnell IRS-gate irs

shared by Gary Edwards on 19 Jul 13 - No Cached
  • Hull has confirmed the premeditated targeting of Tea Party groups went even higher than him or Lerner.
  • Apparently not only Tea Party groups were targeted but actual candidates as well. On March 9, 2010, the day Tea Party candidate Christine O'Donnell revealed her plan to run for Vice President Joe Biden's former Delaware Senate seat , an IRS tax lien was placed on a house purported to be hers, an action that was quickly publicized by those who did not wish her well.
  • Earlier this year, Dennis Martel, special agent with the Department of Treasury in Baltimore, left a message on O'Donnell's cell phone telling her that an official in Delaware state government had improperly accessed her records on that very same day. The problem was that the house was not hers in the first place and the IRS eventually blamed the lien on a computer glitch and withdrew it.
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  • To us it is inconceivable that one of only two political appointees was directly involved in targeting of Tea Party groups without White House knowledge and consent. It is said the fish rots from the head, and this one is really beginning to stink.
  • Gary Edwards on 19 Jul 13
     
    This has gone way too far.  The 2012 elections must be nullified and rescheduled.  Tens of millions of American citizens have been systematically targeted, their civil and Constitutional rights destroyed, and their voices and votes politically eliminated by a massive government conspiracy.  The 2012 election is a fraud.  And nothing short of complete nullification and recall, and the termination of the IRS will do the great Republic justice. excerpt: Scandal: A retiring IRS lawyer implicates the IRS chief counsel's office, headed by an Obama appointee, as well as the head of the IRS' exempt organizations office. The targeting included a Tea Party Senate candidate. In Thursday's hearing before the House Oversight Committee, 72-year-old retiring IRS lawyer Carter Hull implicated the IRS chief counsel's office headed by William J. Wilkins, who attended at least nine White House meetings, and Lois Lerner, head of the exempt-organizations office, in the IRS scandal. In so doing, he made clear the targeting of Tea Party groups started in Washington and was directed from Washington. A tax-law specialist with 48 years of IRS experience, Hull testified that Lerner, the former head of the exempt organizations division, demanded that he send some of the reviews of Tea Party groups to the IRS chief counsel's office in Washington. The chief counsel is one of two political appointees in the IRS. According to Hull's testimony, Lerner, who famously pleaded her Fifth Amendment rights before the same committee, gave an atypical instruction that the Tea Party applications undergo special scrutiny that included an uncommon multilayer review that involved a top adviser to Lerner as well as the chief counsel's office. Hull's name came up earlier in the testimony of Holly Paz, a D.C.-based supervisor in the IRS's tax-exempt status division, who reported to Lerner. It was on May 22, the day after Paz was interviewed by investigators, that Lerner refused to answer questions from
Paul Merrell

FindLaw | Cases and Codes - 0 views

caselaw.lp.findlaw.com/...getcase.pl

surveillance state NSA pen-register 4th Amendment

shared by Paul Merrell on 20 Jun 13 - No Cached
  • SMITH v. MARYLAND, 442 U.S. 735 (1979)
  • The telephone company, at police request, installed at its central offices a pen register to record the numbers dialed from the telephone at petitioner's home. Prior to his robbery trial, petitioner moved to suppress "all fruits derived from" the pen register. The Maryland trial court denied this motion, holding that the warrantless installation of the pen register did not violate the Fourth Amendment. Petitioner was convicted, and the Maryland Court of Appeals affirmed. Held: The installation and use of the pen register was not a "search" within the meaning of the Fourth Amendment, and hence no warrant was required. Pp. 739-746. (a) Application of the Fourth Amendment depends on whether the person invoking its protection can claim a "legitimate expectation of privacy" that has been invaded by government action. This inquiry normally embraces two questions: first, whether the individual has exhibited an actual (subjective) expectation of privacy; and second, whether his expectation is one that society is prepared to recognize as "reasonable." Katz v. United States, 389 U.S. 347 . Pp. 739-741.
  • (b) Petitioner in all probability entertained no actual expectation of privacy in the phone numbers he dialed, and even if he did, his expectation was not "legitimate." First, it is doubtful that telephone users in general have any expectation of privacy regarding the numbers they dial, since they typically know that they must convey phone numbers to the telephone company and that the company has facilities for recording this information and does in fact record it for various legitimate business purposes. And petitioner did not demonstrate an expectation of privacy merely by using his home phone rather than some other phone, since his conduct, although perhaps calculated to keep the contents of his conversation private, was not calculated to preserve the privacy of the number he dialed. Second, even if petitioner did harbor some subjective expectation of privacy, this expectation was not one that society is prepared to recognize as "reasonable." When petitioner voluntarily conveyed numerical information to the phone company and "exposed" that information to its equipment in the normal course of business, he assumed the risk that the company would reveal the information [442 U.S. 735, 736]   to the police, cf. United States v. Miller, 425 U.S. 435 . Pp. 741-746. 283 Md. 156, 389 A. 2d 858, affirmed.
  • Paul Merrell on 20 Jun 13
     
    The Washington Post has reported that "on July 15 [2001], the secret surveillance court allowed the NSA to resume bulk collection under the court's own authority. The opinion, which remains highly classified, was based on a provision of electronic surveillance law, known as "pen register, trap and trace," that was written to allow law enforcement officers to obtain the phone numbers of incoming and outgoing calls from a single telephone line." .  The seminal case on pen registers is the Supreme Court's 1979 Smith v. Maryland decision, bookmarked here and the Clerk's syllabus highlighted, with the Court's discussion on the same web page. We will be hearing a lot about this case decision in the weeks and months to come.  Let it suffice for now to record a few points of what my antenna are telling me:  -- Both technology and the law have moved on since then. We are 34 years down the line from the Smith decision. Its pronouncements have been sliced and diced by subsequent decisions. Not a single Justice who sat on the Smith case is still on the High Bench.   -- In Smith, a single pen register was used to obtain calling information from a single telephone number by law enforcement officials. In the present circumstance, we face an Orwellian situation of a secret intelligence agency with no law enforcement authority forbidden by law from conducting domestic surveillance perusing and all digital communications of the entire citizenry. -- The NSA has been gathering not only information analogous to pen register results but also the communications of American citizens themselves. The communications themselves --- the contents --- are subject to the 4th Amendment warrant requirement. Consider the circuitous route of the records ordered to be disclosed in the Verizon FISA order. Verizon was ordered to disclose them to the FBI, not to the NSA. But then the FBI apparently forwards the records to the NSA, who has both the "pen register
Paul Merrell

Court: Ability to police U.S. spying program limited - The Washington Post - 0 views

www.washingtonpost.com/...3-a07f-49ddc7417125_story.html

surveillance state NSA privacy-violations judicial-oversight Obama lies

shared by Paul Merrell on 17 Aug 13 - No Cached
  • The leader of the secret court that is supposed to provide critical oversight of the government’s vast spying programs said that its ability to do so is limited and that it must trust the government to report when it improperly spies on Americans. The chief judge of the Foreign Intelligence Surveillance Court said the court lacks the tools to independently verify how often the government’s surveillance breaks the court’s rules that aim to protect Americans’ privacy. Without taking drastic steps, it also cannot check the veracity of the government’s assertions that the violations its staff members report are unintentional mistakes.
  • “The FISC is forced to rely upon the accuracy of the information that is provided to the Court,” its chief, U.S. District Judge Reggie B. Walton, said in a written statement to The Washington Post. “The FISC does not have the capacity to investigate issues of noncompliance, and in that respect the FISC is in the same position as any other court when it comes to enforcing [government] compliance with its orders.” Walton’s comments came in response to internal government records obtained by The Post showing that National Security Agency staff members in Washington overstepped their authority on spy programs thousands of times per year. The records also show that the number of violations has been on the rise.
  • The court’s description of its practical limitations contrasts with repeated assurances from the Obama administration and intelligence agency leaders that the court provides central checks and balances on the government’s broad spying efforts. They have said that Americans should feel comfortable that the secret intelligence court provides robust oversight of government surveillance and protects their privacy from rogue intrusions.President Obama and other government leaders have emphasized the court’s oversight role in the wake of revelations this year that the government is vacuuming up “metadata” on Americans’ telephone and Internet communications. “We also have federal judges that we’ve put in place who are not subject to political pressure,” Obama said at a news conference in June. “They’ve got lifetime tenure as federal judges, and they’re empowered to look over our shoulder at the executive branch to make sure that these programs aren’t being abused.”
Paul Merrell

AP sources: Intelligence on weapons no 'slam dunk' - 0 views

bigstory.ap.org/...elligence-weapons-no-slam-dunk

war & peace syria WMD U.S. foreign policy Obama Kerry lies

shared by Paul Merrell on 30 Aug 13 - No Cached
  • The intelligence linking Syrian President Bashar Assad or his inner circle to an alleged chemical weapons attack is no "slam dunk," with questions remaining about who actually controls some of Syria's chemical weapons stores and doubts about whether Assad himself ordered the strike, U.S. intelligence officials say. President Barack Obama declared unequivocally Wednesday that the Syrian government was responsible, while laying the groundwork for an expected U.S. military strike. "We have concluded that the Syrian government in fact carried these out," Obama said in an interview with "NewsHour" on PBS. "And if that's so, then there need to be international consequences." However, multiple U.S. officials used the phrase "not a slam dunk" to describe the intelligence picture — a reference to then-CIA Director George Tenet's insistence in 2002 that U.S. intelligence showing Iraq had weapons of mass destruction was a "slam dunk" — intelligence that turned out to be wrong.
  • A report by the Office of the Director for National Intelligence outlining that evidence against Syria includes a few key caveats — including acknowledging that the U.S. intelligence community no longer has the certainty it did six months ago of where the regime's chemical weapons are stored, nor does it have proof Assad ordered chemical weapons use, according to two intelligence officials and two more U.S. officials. The humanitarian group Doctors Without Borders has said an Aug. 21 rocket strike killed 355 people. A three-page report released Thursday by the British government said there was "a limited but growing body of intelligence" blaming the Syrian government for the attacks. And though the British were not sure why Assad would have carried out such an attack, the report said there was "no credible intelligence" that the rebels had obtained or used chemical weapons. Quizzed by lawmakers in Britain's House of Commons, Prime Minister David Cameron gave various descriptions for his level of certainty to Assad's responsibility, ranging from "beyond doubt" to being "as certain as possible."
  • Administration officials said Wednesday that neither the U.N. Security Council, which is deciding whether to weigh in, nor allies' concerns would affect their plans. But the complicated intelligence picture raises questions about the White House's full-steam-ahead approach to the Aug. 21 attack on a rebel-held Damascus suburb, with worries that the attack could be tied to al-Qaida-backed rebels later. Intelligence officials say they could not pinpoint the exact locations of Assad's supplies of chemical weapons, and Assad could have moved them in recent days as the U.S. rhetoric increased. But that lack of certainty means a possible series of U.S. cruise missile strikes aimed at crippling Assad's military infrastructure could hit newly hidden supplies of chemical weapons, accidentally triggering a deadly chemical attack.
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  • Like the British report, the yet-to-be-released U.S. report assesses with "high confidence" that the Syrian government was responsible for the attacks that hit suburbs east and west of Damascus, filled with a chemical weapon, according to a senior U.S. official who read the report. The official conceded there are caveats in the report and there is no proof saying Assad personally ordered the attack. There was no mention in the report of the possibility that a rogue element inside Assad's government or military could have been responsible, the senior official said.
  • Over the past six months, with shifting front lines in the 2½-year-old civil war and sketchy satellite and human intelligence coming out of Syria, U.S. and allied spies have lost track of who controls some of the country's chemical weapons supplies, according to the two intelligence officials and two other U.S. officials. U.S. satellites have captured images of Syrian troops moving trucks into weapons storage areas and removing materials, but U.S. analysts have not been able to track what was moved or, in some cases, where it was relocated. They are also not certain that when they saw what looked like Assad's forces moving chemical supplies, those forces were able to remove everything before rebels took over an area where weapons had been stored. In addition, an intercept of Syrian military officials discussing the strike was among low-level staff, with no direct evidence tying the attack back to an Assad insider or even a senior Syrian commander, the officials said.
  • So while Secretary of State John Kerry said Monday that it was "undeniable," a chemical weapons attack had occurred, and that it was carried out by the Syrian military, U.S. intelligence officials are not so certain that the suspected chemical attack was carried out on Assad's orders. Some have even talked about the possibility that rebels could have carried out the attack in a callous and calculated attempt to draw the West into the war. That suspicion was not included in the official intelligence report, according to the official who described the report. Ideally, the White House would prefer more clarity on all those points in the intelligence provided to it. The U.S. has devoted only a few hundred operatives, between intelligence officers and soldiers, to the Syrian mission, with CIA and Pentagon resources already stretched by the counterterrorism missions in Africa and the Arabian Peninsula, as well as the continuing missions in Afghanistan and Pakistan, officials said. The quest for added intelligence to bolster the White House's case for a strike against Assad's military infrastructure was the issue that delayed the release of the U.S. intelligence community's report, which had been expected Tuesday.
  • The uncertainty calls into question the statements by Kerry and Vice President Joe Biden. "We know that the Syrian regime maintains custody of these chemical weapons," Kerry said. "We know that the Syrian regime has the capacity to do this with rockets. We know that the regime has been determined to clear the opposition from those very places where the attacks took place." The CIA, the Pentagon and the Office of the Director of National Intelligence declined to comment, and the White House did not respond to requests for comment.
Paul Merrell

Turkey Cooks the Books in Syria | The American Conservative - 0 views

www.theamericanconservative.com/...urkey-cooks-the-books-in-syria

war & peace Syria Turkey U.S.-foreign-policy false-flag

shared by Paul Merrell on 25 Apr 14 - No Cached
  • If you had been a reader of The American Conservative magazine back in December 2011, you might have learned from an article written by me that “Unmarked NATO warplanes are arriving at Turkish military bases close to Iskenderum on the Syrian border, delivering weapons [to the Free Syrian Army] derived from Colonel Muammar Gaddafi’s arsenals…” Well, it seems that the rest of the media is beginning to catch up with the old news, supplemented with significant details by Sy Hersh in the latest issue of the London Review of Books in an article entitled “The Red Line and the Rat Line.” The reality is that numerous former intelligence officials, like myself, have long known most of the story surrounding the on-again off-again intervention by the United States and others in Syria, but what was needed was a Sy Hersh, with his unmatched range of contacts deep in both the Pentagon as well as at CIA and State Department, to stitch it all together with corroboration from multiple sources. In a sense it was a secret that wasn’t really very well hidden but which the mainstream media wouldn’t touch with a barge pole because it revealed that the Obama Administration, just like the Bushies who preceded it, has been actively though clandestinely conspiring to overthrow yet another government in the Middle East. One might well conclude that the White House is like the Bourbon Kings of France in that it never forgets anything but never learns anything either.
  • The few media outlets that are willing to pick up the Syria story even now are gingerly treating it as something new, jumping in based on their own editorial biases, sometimes emphasizing the CIA and MI6 role in cooperating with the Turks to undermine Bashar al-Assad. But Hersh’s tale is only surprising if one had not been reading between the lines over the past three years, where the clandestine role of the British and American governments was evident and frequently reported on over the internet and, most particularly, in the local media in the Middle East. Far from being either rogue or deliberately deceptive, operations by the U.S. and UK intelligence services, the so-called “ratlines” feeding weapons into Syria, were fully vetted and approved by both the White House and Number 10 Downing Street. The more recent exposure of the Benghazi CIA base’s possible involvement in obtaining Libyan arms as part of the process of equipping the Syrian insurgents almost blew the lid off of the arrangement but somehow the media attention was diverted by a partisan attack on the Obama Administration over who said what and when to explain the security breakdown and the real story sank out of sight.
  • So this is what happened, roughly speaking: the United States had been seeking the ouster of President Bashar al-Assad of Syria since at least 2003, joining with Saudi Arabia, which had been funding efforts to destabilize his regime even earlier. Why? Because from the Saudi viewpoint Syria was an ally of Iran and was also a heretical state led by a secular government dominated by Alawite Muslims, viewed as being uncomfortably close to Shi’ites in their apostasy. From the U.S. viewpoint, the ties to Iran and reports of Syrian interference in Lebanon were a sufficient casus belli coupled with a geostrategic assessment shared with the Saudis that Syria served as the essential land bridge connecting Hezbollah in Lebanon to Iran. The subsequent Congressional Syria Accountability Acts of 2004 and 2010, like similar legislation directed against Iran, have resulted in little accountability and have instead stifled diplomacy. They punished Syria with sanctions for supporting Hezbollah in Lebanon and for its links to Tehran, making any possible improvement in relations problematical. The 2010 Act even calls for steps to bring about regime change in Damascus. The United States also engaged in a program eerily reminiscent of its recent moves to destabilize the government in Ukraine, i.e., sending in ambassadors and charges who deliberately provoked the Syrian government by meeting with opposition leaders and openly making demands for greater democracy. The last U.S. Ambassador to Syria Robert Ford spoke openly in support of the protesters while serving in Damascus in 2010. On one occasion he was pelted with tomatoes and was eventually removed over safety concerns.
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  • Lost in translation is the fact that Washington’s growing support for radical insurgency in Syria would also inevitably destabilize all its neighbors, most notably including Iraq, which has indeed been the case, making a shambles of U.S. claims that it was seeking to introduce stable democracies into the region. Some also saw irony in the fact that a few years before Washington decided al-Assad was an enemy it had been sending victims of the CIA’s rendition program to Syria, suggesting that at least some short-term and long-term strategies were on a collision course from the start, if indeed the advocates of the two policies were actually communicating with each other at all. Prime Minister Recep Tayyip Erdogan of Turkey, whose country shared a long border with Syria and who had legitimate security concerns relating to Kurdish separatists operating out of the border region, became the proxy in the secret war for Washington and its principal European allies, the British and French. When the U.S.-Saudi supported insurgency began to heat up and turn violent, Turkey became the key front line state in pushing for aggressive action against Damascus. Erdogan miscalculated, thinking that al-Assad was on his last legs, needing only a push to force him out, and Ankara saw itself as ultimately benefiting from a weak Syria with a Turkish-controlled buffer zone along the border to keep the Kurds in check.
  • Hersh reports how President Barack Obama had to back down from attacking Syria when the Anglo-American intelligence community informed him flatly and unambiguously that Damascus was not responsible for the poison gas attack that took place in Damascus on August 21, 2013 that was being exploited as a casus belli. The information supporting that assertion was known to many like myself who move around the fringes of the intelligence community, but the real revelation from Hersh is the depth of Turkish involvement in the incident in order to have the atrocity be exploitable as a pretext for American armed intervention, which, at that point, Erdogan strongly desired. As the use of weapons of mass destruction against civilians was one of the red lines that Obama had foolishly promoted regarding Syria Erdogan was eager to deliver just that to force the U.S.’s hand. Relying on unidentified senior U.S. intelligence sources, Hersh demonstrates how Turkey’s own preferred militant group Jabhat al-Nusra, which is generally regarded as an al-Qaeda affiliate, apparently used Turkish-provided chemicals and instructions to stage the attack.
  • Is it all true? Unless one has access to the same raw information as Sy Hersh it is difficult to say with any certainty, but I believe I know who some of the sources are and they both have good access to intelligence and are reliable. Plus, the whole narrative has an undeniable plausibility, particularly if one also considers other evidence of Erdogan’s willingness to take large risks coupled with a more general Turkish underhandedness relating to Syria. On March 23rd, one week before local elections in Turkey that Erdogan feared would go badly for him, a Turkish air force F-16 shot down a Syrian Mig-23, claiming that it had strayed half a mile into Turkish airspace. The pilot who bailed out, claimed that he was attacking insurgent targets at least four miles inside the border when he was shot down, an assertion borne out by physical evidence as the plane’s remains landed inside Syria. Was Erdogan demonstrating how tough he could be just before elections? Possibly.
  • Critics of Hersh claim that the Turks would be incapable of carrying out such a grand subterfuge, but I would argue that putting together some technicians, chemicals, and a couple of trucks to carry the load are well within the capability of MIT, an organization that I have worked with and whose abilities I respect. And one must regard with dismay the “tangled webs we weave,” with due credit to Bobby Burns, for what has subsequently evolved in Syria. Allies like Turkey that are willing to cook the books to bring about military action are exploiting the uncertainty of a White House that continues to search for foreign policy successes while simultaneously being unable to define any genuine American interests. Syria is far from an innocent in the ensuing mayhem, but it has become the fall guy for a whole series of failed policies. Turkey meanwhile has exploited the confusion to clamp down on dissent and to institutionalize Erdogan’s authoritarian inclinations. Ten years of American-licensed meddling combined with obliviousness to possible consequences has led to in excess of 100,000 dead Syrians and the introduction of large terrorist infrastructures into the Arab heartland, yet another foreign policy disaster in the making with no clear way out.
  • Paul Merrell on 25 Apr 14
     
    Former CIA officer Philip Giraldi adds valuable context to revelations of Turkey's involvement in the false flag Sarin gas attack in Syria and in Turkey's follow-up plan to stage a false flag attack on a Turkish tomb in Syria as a pretext for Turkish invasion of Syria. 
Paul Merrell

How Netanyahu provoked this war with Gaza | +972 Magazine - 0 views

972mag.com/...93200

war & peace Palestine Israel Hamas

shared by Paul Merrell on 10 Jul 14 - No Cached
  • On Monday of last week, June 30, Reuters ran a story that began:Prime Minister Benjamin Netanyahu accused Hamas on Monday of involvement, for the first time since a Gaza war in [November] 2012, in rocket attacks on Israel and threatened to step up military action to stop the strikes. So even by Israel’s own reckoning, Hamas had not fired any rockets in the year-and-a-half since “Operation Pillar of Defense” ended in a ceasefire. (Hamas denied firing even those mentioned by Netanyahu last week; it wasn’t until Monday of this week that it acknowledged launching any rockets at Israel since the 2012 ceasefire.) So how did we get from there to here, here being Operation Protective Edge, which officially began Tuesday with 20 Gazans dead, both militants and civilians, scores of others badly  wounded and much destruction, alongside about 150 rockets flying all over Israel (but no serious injuries or property damage by Wednesday afternoon)? We got here because Benjamin Netanyahu brought us here. He’s being credited in Israel for showing great restraint in the days leading up to the big op, answering Gaza’s rockets with nothing more than warning shots and offering “quiet for quiet.” But in fact it was his antagonism toward all Palestinians – toward Mahmoud Abbas’ Palestinian Authority no less than toward Hamas – that started and steadily provoked the chain reaction that led to the current misery.
  • And nobody knows this, or should know it, better than the Obama administration, which is now standing up for Israel’s “right to defend itself.” It was Netanyahu and his government that killed the peace talks with Abbas that were shepherded by U.S. Secretary of State John Kerry; the Americans won’t exactly spell this out on-the-record, but they will off-the record. So a week before those negotiations’ April 29 deadline, Abbas, seeing he wasn’t getting anywhere playing ball with Israel and the United States, decided to shore things up at home, to end the split between the West Bank and Gaza, and he signed the Fatah-Hamas unity deal – with himself as president and Fatah clearly the senior partner. The world – even Washington – welcomed the deal, if warily so, saying unity between the West Bank and Gaza was a good thing for the peace process, and holding out the hope that the deal would compel Hamas to moderate its political stance. Netanyahu, however, saw red. Warning that the unity government would “strengthen terror,” he broke off talks with Abbas and tried to convince the West to refuse to recognize the emerging new Palestinian government – but he failed. He didn’t stop trying, though. At a time when Hamas was seen to be weak, broke, throttled by the new-old Egyptian regime, unpopular with Gazans, and acting as Israel’s cop in the Strip by not only holding its own fire but curbing that of Islamic Jihad and others, Netanyahu became obsessed with Hamas – and obsessed with tying it around Abbas’ neck. Netanyahu’s purpose, clearly enough, was to shift the blame for the failure of the U.S.-sponsored peace talks from himself and his government to Abbas and the Palestinians.
  • But Netanyahu used the kidnappings to go after Hamas in the West Bank. The target, as one Israeli security official said, was “anything green.” The army raided, destroyed, confiscated and arrested anybody and anything having to do with Hamas, killed some Palestinian protesters and rearrested some 60 Hamasniks who had been freed in the Gilad Shalit deal, throwing them back in prison. Meanwhile, in Gaza, Israel had already escalated matters on June 11, the day before the kidnappings, by killing not only a wanted man riding on a bicycle, but a 10-year-old child riding with him. Between that, the kidnappings a day later and the crackdown on Hamas in the West Bank that immediately followed, Gaza and Israel started going at it pretty fierce – with all the casualties and destruction, once again, on Gaza’s side only.
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  • But it wasn’t working. Then on June 12 something fell into Netanyahu’s lap which he certainly would have prevented if he’d been able to, but which he also did not hesitate exploiting to the hilt politically: the kidnapping in the West Bank of Gilad Sha’ar and Naftali Fraenkel, both 16, and Eyal Yifrah, 19. Netanyahu blamed Hamas for the kidnapping. He said he had proof. To this day, neither he nor any other Israeli official has come forward with a shred of proof. Meanwhile, it is now widely assumed that the Hamas leadership did not give the order for the kidnapping, that it was instead carried out at the behest of a renegade, Hamas-linked, Hebron clan with a long history of blowing up Hamas’ ceasefires with Israel by killing Israelis. Besides, it made no sense for Hamas leaders to order up such a spectacular crime – not after signing an agreement with Abbas, and not when they were so badly on the ropes.
  • And that was basically it. Netanyahu had given orders to smash up the West Bank and Gaza over the kidnapping of three Israeli boys that, as monstrous as it was, apparently had nothing to do with the Hamas leadership. Thus, he opened an account with Israel’s enemies, who would wish for an opportunity to close it. On June 30, the bodies of the three kidnapped Israeli boys were found in the West Bank. “Hamas is responsible, Hamas will pay,” Netanayhu intoned. That payment was delayed by the burning alive of Mohammed Abu Khdeir, 15, which set off riots in East Jerusalem and Israel’s “Arab Triangle,” and which put Israel on the defensive. It probably encouraged the armed groups in Gaza to step up their rocketing of Israel, while Netanyahu kept Israel’s in check. Then on Sunday, as many as nine Hamas men were killed in a Gazan tunnel that Israel bombed, saying it was going to be used for a terror attack. The next day nearly 100 rockets were fired at Israel. This time Hamas took responsibility for launching some of the rockets – a week after Netanyahu, for the first time since November 2012, accused it of breaking the ceasefire. And the day after that, “Operation Protective Edge” officially began. By Wednesday afternoon, there were 35 dead and many maimed in Gaza, Israelis were ducking rockets, and no one can say when or how it will end, or what further horrors lie in store.
  • Netanyahu could have avoided the whole thing. He could have chosen not to shoot up the West Bank and Gaza and arrest dozens of previously freed Hamasniks (along with hundreds of other Palestinians) over what was very likely a rogue kidnapping. Before that, he could have chosen not to stonewall Abbas for nine months of peace negotiations, and then there wouldn’t have even been a unity government with Hamas that freaked him out so badly – a reaction that was, of course, Netanyahu’s choice as well. But Israel’s prime minister is and always has been at war with the Palestinians – diplomatically, militarily and every other way; against Abbas, Hamas and all the rest – and this is what has guided his actions, and this is what provoked Hamas into going to war against Israel.
Gary Edwards

Bookworm Room » Is the IRS scandal the worst political scandal in American hi... - 0 views

www.bookwormroom.com/...-in-american-history-i-say-yes

IRS Banksters Obammunism

shared by Gary Edwards on 26 May 13 - No Cached
  • Gary Edwards on 26 May 13
     
    Very powerful and well written commentary on the IRS Scandal.  A must read! "Ignore all that. The absolute worst scandal that's emerged lately, and the worst administration scandal in American history is the IRS scandal. Why? Because you, the People, became the targets of a comprehensive federal government effort to stifle dissent, one made using the government's overwhelming and disproportionate policing and taxing powers. All of the other scandals, going back to Andrew Johnson's post-Civil War scandals, Warren G. Harding's 1920s Teapot Dome scandal, Nixon's Watergate, Reagan's Iran-Contra, and Clinton's Oval Office sexcapades have actually been narrowly focused acts of cronyism, garden-variety political chicanery, or personal failings. It's been insider stuff. The IRS scandal, by contrast, is a direct attack on the American people. Right now, Progressives throughout America are pretending that this scandal doesn't matter: "Obama wasn't involved." "Tea Partiers had it coming because they're all corrupt." "Obama would have won the election anyway." "It was just a coincidence that the only groups that had their applications scrutinized, sometimes for years, were politically conservative. It means nothing that, when one group changed its name to sound Progressive, its application was approved in only three weeks." "This is just a bureaucratic snafu." "It's a few rogue agents in Ohio." Those who offer these excuses are either morally flawed themselves or delusional idiots. "
Paul Merrell

UNASUR Investigates US for Attempt to Destabilize Venezuela | nsnbc international - 0 views

nsnbc.me/...tempt-to-destabilize-venezuela

war & peace Venezuela U.S.-foreign-policy inerference

shared by Paul Merrell on 10 Feb 15 - No Cached
  • Ernesto Samper, the Secretary General of UNASUR announced the formation of a special committee to investigate the United States’ interventions and the attempt to destabilize and Venezuela. The special committee of the Union of South American Nations (UNASUR) was formed on Monday in Montevideo, Uruguay, said Samper, who expressed his support for Venezuela and Venezuelan President Nicolas Maduro in the light of interventions by Washington.
  • Last week, both Samper and Maduro requested that UNASUR investigate and mediate between Venezuela and the United States. The call came after the United States recently added additional Venezuelan citizens to the U.S.’ list of persons against whom the U.S. enforces sanctions. The Venezuelan state-run television channel Telesur quoted Samper as saying that he rejects all forms of destabilization and all forms of violence, and that he had received evidence in that regard from Maduro. Meanwhile, the Venezuelan Ministry of Communication released a statement in which it described the United States’ description of Venezuela in the U.S.’ 2015 National Security Strategy as “unacceptable interference in internal affairs”. The document mentions Venezuela on its penultimate page, alleging that “full exercise of democracy is at risk” in the Andean nation and that the Venezuelan government appears to be trapped in ideological debates.
  • The United States, accuses the Venezuelan government for a “crackdown on Venezuela’s opposition”, including the imprisonment of opposition leader Leopoldo Lopez for his role during the violence that erupted in Venezuela in 2014. Venezuela, for its part, has repeatedly denounced the United States for playing a role in provoking the violent protests in the country in 2014. Several organizations who are known for being fronts of the United States’ Central Intelligence Agency, CIA, and the Joint Special Forces Command (JSOC) are operating in Venezuela, including the National Endowment (NED) for Democracy and USAID. Last week, Venezuelan President Nicolas Maduro denounced the United States for being a nation resembling a rogue State with concentration camps, a reference to the notorious Guantanamo prison, and asked what human rights and democracy the United States was talking about.
Paul Merrell

US and Israel try to rewrite history of UN resolution declaring Zionism racism - 0 views

mondoweiss.net/...resolution-declared-zionism

war & peace Zionism SCR-3379 U.S.-foreign-policy

shared by Paul Merrell on 16 Nov 15 - No Cached
  • “Zionism is a form of racism and racial discrimination,” reads UN General Assembly Resolution 3379. The measure was adopted 40 years ago, on Nov. 10, 1975, and the majority of the international community backed it. 72 countries voted for the resolution, with just 35 opposed (and 32 abstentions). Although little-known in the US today (it is remarkable how effectively the US and its allies have rewritten history in their favor), UN GA Res. 3379, titled “Elimination of all forms of racial discrimination,” made an indelible imprint on history. The geographic distribution of the vote was telling. The countries that voted against the resolution were primarily colonial powers and/or their allies. The countries that voted for it were overwhelmingly formerly colonized and anti-imperialist nations.
  • The resolution also cited two other little-known measures passed by international organizations in the same year: the Assembly of the Heads of State and Government of the Organization of African Unity’s resolution 77, which ruled “that the racist regime in occupied Palestine and the racist regimes in Zimbabwe and South Africa have a common imperialist origin, forming a whole and having the same racist structure”; and the Political Declaration and Strategy to Strengthen International Peace and Security and to Intensify Solidarity and Mutual Assistance among Non-Aligned Countries, which called Zionism a “racist and imperialist ideology.” When the resolution was passed, Israeli Ambassador to the UN Chaim Herzog — who later became Israel’s sixth president, and the father of Isaac Herzog, the head of Israel’s opposition — famously tore up the text at the podium. Herzog claimed the measure was “based on hatred, falsehood, and arrogance,” insisting it was “devoid of any moral or legal value.” Still today, supporters of Israel argue UN GA Res. 3379 was an anomalous product of anti-Semitism. In reality, however, the resolution was the result of international condemnation of the illegal military occupation to which Palestinians had been subjected since 1967 and the apartheid-like conditions the indigenous Arab population had lived under as second-class citizens of an ethnocratic state since 1948.
  • In 1991, resolution 3379 was repealed for two primary reasons: One, the Soviet bloc, which helped pass the resolution, had collapsed; and two, Israel and the US demanded that it be revoked or they refused to participate in the Madrid Peace Conference. At the UN on Nov. 11, US Ambassador to the UN Samantha Power and Secretary of State John Kerry eulogized the late Herzog and forcefully condemned the resolution on its 40th anniversary. In his 2,500-word statement, Kerry mentioned Palestinians just once, and only then as an extension of Israelis. In her remarks, Power did not mention Palestinians at all.
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  • In his speech, Kerry smeared resolution 3379 as “anti-Semitic” and “absurd.” Kerry called it “a bitter irony that this resolution against Zionism was originally a resolution against racism and colonialism” and lamented that “reasonableness was detoured by a willful ignorance of history and truth.” Sec. Kerry insisted “we will do all in our power to prevent the hijacking of this great forum for malicious intent” — a fascinating claim, considering how incredibly often the US itself hijacks the UN against the will of the international community, in the interests of both itself and Israel. Kerry warned about “the global reality of anti-Semitism today” (he made no mention whatsoever of the global reality of rampant, rapidly accelerating, and viciously violent anti-Muslim, anti-Arab, and anti-Black racism), and implied that the “terrorist bigots of Daesh [ISIS], Boko Haram, Al Shabaab, and so many others” are part of this larger anti-Semitic trend. One could argue Sec. Kerry downplayed the severity of the present political situation by characterizing these fascistic groups’ violent extremism as rooted in anti-Semitic bigotry, rather than in radicalization under conditions of intense oppression, bitter poverty, and brutal tyranny.
  • UN Secretary-General Ban Ki-moon joined Kerry, Power, and Netanyahu in the echo chamber, albeit with a bit more subtlety. “The reputation of the United Nations was badly damaged by the adoption of resolution 3379, in and beyond Israel and the wider Jewish community,” he said. Unlike the others, Ban condemned not just anti-Semitism, but also “wide-ranging anti-Muslim bigotry and attacks [and] discrimination against migrants and refugees.” Although the Israeli government accuses the UN of bias, the evidence demonstrates the opposite. Secret cables released by whistleblowing journalism organization WikiLeaks revealed that the US and Israel worked hand-in-hand with the UN and Sec.-Gen. Ban in order to undermine investigation into and punitive action on Israel’s war crimes in Gaza.
  • In her speech at the UN, Power, like Kerry, conflated the heinous Nazi attacks on Jewish civilians in the Kristallnacht with UN GA Res. 3379. Both speakers cited the abominable horrors of the Holocaust several times as reasons to support Zionism, glossing over the fact that Zionism was created in the late 19th century and that the Balfour Declaration dates back to 1917, decades before World War II. Amb. Power — a serial warmonger and veteran blame-dodger — did what she did best: rewrote history in the favor of US imperialism. She called the resolution “1975 smearing of Jews’ aspirations to have a homeland” and insisted multiple times that resolutions like 3379 “threaten the legitimacy of the UN.” Like Kerry, Power conveniently forgot to mention that, when it comes to the halls of the UN, there is no other rogue state as blunt as the US, which regularly spits in the face of the international community, defying UN resolutions, violating the UN Charter, and breaking international law when it sees fit. Power’s speech exposed the fault lines in the contentious (to put it mildly) relationship between the US and the UN — that is to say, between the US and the international community. Such tensions are not the fault of the UN; the blame rests squarely on the shoulders of Washington, with its doctrinal “American exceptionalism” and the flagrant disregard for international law that so frequently accompanies such imperial hubris.
  • In their speeches, both Kerry and Power also thanked Israeli UN Ambassador Danny Danon, who was described by an Israeli Labor Party lawmaker as “a right-wing extremist with the diplomatic sensitivity of a pit bull” and who proposed legislation that would, in his own words, have the Israeli government “annex the West Bank and repeal the Oslo Accords.” Amb. Danon insists that God gave the land of historic Palestine to the Jewish people as an “everlasting possession” (while forsaking the US). He also told the Times of Israel that the “international community can say whatever they want, and we can do whatever we want.” Netanyahu addressed the session with a video message. He claimed that Israel, which has for years led the world in violating UN Security Council resolutions, “continues to face systemic discrimination here at the UN.” In a January 2013 statement submitted to the UN Human Rights Council, the Russell Tribunal calculated Israel had defied a bare minimum of 87 Security Council resolutions. The Russel Tribunal also crucially noted “that Israel’s ongoing colonial settlement expansion, its racial separatist policies, as well as its violent militarism would not be possible without the US’s unequivocal support.” The tribunal pointed out that Israel “is the largest recipient of US foreign aid since 1976 and the largest cumulative recipient since World War II” and that, between 1972 and 2012, the US was the lone veto of UN resolutions critical of Israel 43 times.
  • The US secretary of state extolled “Zionism as the expression of a national liberation movement.” The national liberation movements of Vietnam, Korea, China, Nicaragua, El Salvador, Colombia, Congo, South Africa, Burkina Faso, and so many more nations, however, did not get such approval from Washington; au contraire, they were mercilessly crushed under the iron fist of American empire. Traditionally, only right-wing and settler-colonial “national liberation movements” have garnered the US’s official approval. “Why do we Americans care so much about the rights of others being respected?” Kerry asked unprovoked. “Because, in an interconnected world, injustice anywhere is a threat to justice everywhere.” He should tell that to the victims of US-backed dictatorships in Saudi Arabia, the UAE, Bahrain, Qatar, Egypt, Turkmenistan, Kazakhstan, Thailand, Brunei, Rwanda, Ethiopia, Uganda, and, once again, so many more nations. “Times may change, but one thing we do know: America’s support for Israel’s dreaming and Israel’s security, that will never change,” Kerry proclaimed.
  • The real victim of the 40th anniversary event was the truth — and, of course, as it was four decades ago, the Palestinians. Yet, while UN GA Res. 3379 was repealed, the truth cannot be revoked. Zionism was and remains an unequivocally racist movement — just like any other hyper-nationalist and ethnocratic movement. None other than the founding father of Zionism, Theodor Herzl, recognized this elementary fact. In a 1902 letter to Cecil Rhodes — a diamond magnate and white supremacist British colonialist with oceans of African blood on his hands — Herzl, writing of “the idea of Zionism, which is a colonial idea,” requested help colonizing historic Palestine. “It doesn’t involve Africa, but a piece of Asia Minor, not Englishmen but Jews… How, then, do I happen to turn to you since this is an out-of-the-way matter for you? How indeed? Because it is something colonial,” Herzl wrote. “I want you to… put the stamp of your authority on the Zionist plan.”
Gary Edwards

Fanniegate: Gamechanger For The GOP? | Via Meadia - 0 views

blogs.the-american-interest.com/...iegate-gamechanger-for-the-gop

financial-collapse obammunism fanniegate

shared by Gary Edwards on 09 Jun 11 - No Cached
  • The story doesn’t just attack a failure of Democratic policy execution; it exposes a key flaw in New Democratic thinking.  The Third Way as dreamed up by Bill Clinton and Tony Blair sought to harness the power of financial markets to a public service agenda.  Old style command and control liberalism believed in directly mandating business to do what politicians thought should be done.  AT&T had to serve rural communities, but in exchange it had a phone monopoly and regulators made sure that it made a good profit.  The airlines and bus companies had to service unprofitable routes, but regulators made sure that their route networks as a whole were profitable.
  • a new and updated liberalism appeared.
  • The sad fact remains that the current president, according to longstanding government clearance protocols, could not be hired as a janitor in a federal building with the amount of personal background information that he has provided. Run for President? No problem. Get any other federal job? No way. Quite apart from the issue of any sort of birth certificates, real or imagined, genuine or forged, is the fact that Barack Obama’s school records, SAT and LSAT scores, college and law school admission records and scholarship paperwork and grade transcripts and thesis papers, medical records, passport history, Illinois state senate tenure records, presidential campaign foreign donor lists, complete White House visitor logs and many other relevant records and documents have all never been released or allowed to be subjected to any sort of scrutiny, despite several years of repeated requests for disclosure by numerous individuals and non-traditional media organizations. Virtually the entire paper trail of Barack Obama’s existence has always been deeply hidden away in a tight shroud of secrecy. The Obama 2008 campaign and subsequent administration have to date spent a substantial sum on legal fees, estimated in the millions of dollars, to fight Freedom of Information Act filings and other motions and requests to examine some of this material. The powerful international law firm Perkins Coie, the counsel of record to the Democractic National Committee, has been their primary provider of these services and continues in that role.
  • Gary Edwards on 09 Jun 11
     
    excerpt:  Democrats, watch out. The Republican Party and especially its Tea Party wing have just acquired a new weapon of mass destruction - and it has nothing to do with any of Congressman Wiener's rogue body parts.  If they deploy this weapon effectively in the next election cycle - a big if - then they have the biggest opportunity to move the country rightward since Ronald Reagan took the oath of office back in 1981. The Tea Party WMD stockpile is currently stored in book form:  Reckless Endangerment: How Outsized Ambition, Greed, and Corruption Led to Economic Armageddon. By Gretchen Morgenson, one of America's best business journalists who is currently at The New York Times, and noted financial analyst Joshua Rosner, Reckless Endangerment gives the best available account of how the growing chaos in the mortgage and personal finance markets and the rampant bundling of dubious loans into exotically toxic securities plunged the world, and millions of American families, into the gravest financial crisis since World War Two. It is gripping reading as well, and its explanations are clear enough that readers without any background in finance will have no trouble following the plot.  The villains?  An unholy alliance between Wall Street, the Democratic establishment, community organizing groups like ACORN and La Raza, and politicians like Barney Frank, Nancy Pelosi and Henry Cisneros.  (Frank got a cushy job for a lover, Pelosi got a job and layoff protection for a son, Cisneros apparently got a license to mint money bilking Mexican-Americans of their life savings in cheesy housing developments.)
Paul Merrell

Argentina Calls out US Republican Meddling in Nisman Case | News | teleSUR - 0 views

www.telesurtv.net/...Nisman-Case-20150130-0024.html

war & peace U.S.-foreign-policy Argentina interference-in-foreign-governments Rubio

shared by Paul Merrell on 02 Feb 15 - No Cached
  • Argentine Chief of Cabinet Jorge Capitanich accused U.S. Republican senator Marco Rubio of “imperialist behavior,” after the right-wing politician expressed doubts about the Argentine government's ability to conduct the investigation into the death of the prosecutor Alberto Nisman.  “The Republic of Argentina is an autonomous, sovereign and independent country, Marco Rubio with his imperialist vision fails to recognize the United Nations charter since the meddling in the affairs of other states constitutes imperialist interference,” Capitanich said Friday during a press conference. On Thursday, Rubio urged U.S. Secretary of State John Kerry to support the creation of an “independent, internationally assisted investigation” into the case.  “I am increasingly concerned about the ability of the Government of Argentina to conduct a fair and impartial investigation into his death, or its capacity to ensure the independence of a prosecutor that would continue Mr. Nisman's work,” said Rubio, who has spearheaded the push for hostile policies towards left-leaning governments in Latin America. “I thus urge the Administration to support the establishment of an independent, internationally assisted investigation into Mr. Nisman's suspicious death.” Capitanich called the proposal “unwarranted meddling” into the South American country's affairs.
  • Cables revealed by Wikileaks suggest that Nisman was being advised by U.S. and Israeli intelligence services, and Argentina officials investigating Nisman's death say the attorney’s 300-page report indicate he was manipulated and being fed him false information. Officials also say rogue agents from Argentina own intelligence services were behind the death.  President Cristina Fernandez, whose husband and late President Nestor Kirchner ordered the investigation into the AMIA bombing, was quick to cast doubt on the apparent suicide of the attorney.
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