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Paul Merrell

Exclusive: TSA's Secret Behavior Checklist to Spot Terrorists - The Intercept - 0 views

firstlook.org/...vior-checklist-spot-terrorists

war & peace politics of fear tyranny TSA behavioral-identification

shared by Paul Merrell on 04 Apr 15 - No Cached
  • Fidgeting, whistling, sweaty palms. Add one point each. Arrogance, a cold penetrating stare, and rigid posture, two points. These are just a few of the suspicious signs that the Transportation Security Administration directs its officers to look out for — and score — in airport travelers, according to a confidential TSA document obtained exclusively by The Intercept. The checklist is part of TSA’s controversial program to identify potential terrorists based on behaviors that it thinks indicate stress or deception — known as the Screening of Passengers by Observation Techniques, or SPOT. The program employs specially trained officers, known as Behavior Detection Officers, to watch and interact with passengers going through screening. The document listing the criteria, known as the “Spot Referral Report,” is not classified, but it has been closely held by TSA and has not been previously released. A copy was provided to The Intercept by a source concerned about the quality of the program.
  • Fidgeting, whistling, sweaty palms. Add one point each. Arrogance, a cold penetrating stare, and rigid posture, two points. These are just a few of the suspicious signs that the Transportation Security Administration directs its officers to look out for — and score — in airport travelers, according to a confidential TSA document obtained exclusively by The Intercept. The checklist is part of TSA’s controversial program to identify potential terrorists based on behaviors that it thinks indicate stress or deception — known as the Screening of Passengers by Observation Techniques, or SPOT. The program employs specially trained officers, known as Behavior Detection Officers, to watch and interact with passengers going through screening.
  • The document listing the criteria, known as the “Spot Referral Report,” is not classified, but it has been closely held by TSA and has not been previously released. A copy was provided to The Intercept by a source concerned about the quality of the program. The checklist ranges from the mind-numbingly obvious, like “appears to be in disguise,” which is worth three points, to the downright dubious, like a bobbing Adam’s apple. Many indicators, like “trembling” and “arriving late for flight,” appear to confirm allegations that the program picks out signs and emotions that are common to many people who fly.
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  • A TSA spokesperson declined to comment on the criteria obtained by The Intercept. “Behavior detection, which is just one element of the Transportation Security Administration’s (TSA) efforts to mitigate threats against the traveling public, is vital to TSA’s layered approach to deter, detect and disrupt individuals who pose a threat to aviation,” a spokesperson said in an emailed statement.
  • Since its introduction in 2007, the SPOT program has attracted controversy for the lack of science supporting it. In 2013, the Government Accountability Office found that there was no evidence to back up the idea that “behavioral indicators … can be used to identify persons who may pose a risk to aviation security.” After analyzing hundreds of scientific studies, the GAO concluded that “the human ability to accurately identify deceptive behavior based on behavioral indicators is the same as or slightly better than chance.” The inspector general of the Department of Homeland Security found in 2013 that TSA had failed to evaluate SPOT, and “cannot ensure that passengers at United States airports are screened objectively, show that the program is cost-effective, or reasonably justify the program’s expansion.” Despite those concerns, TSA has trained and deployed thousands of Behavior Detection Officers, and the program has cost more than $900 million since it began in 2007, according to the GAO.
  • The 92-point checklist listed in the “Spot Referral Report” is divided into various categories with a point score for each. Those categories include a preliminary “observation and behavior analysis,” and then those passengers pulled over for additional inspection are scored based on two more categories: whether they have “unusual items,” like almanacs and “numerous prepaid calling cards or cell phones,” and a final category for “signs of deception,” which include “covers mouth with hand when speaking” and “fast eye blink rate. Points can also be deducted from someone’s score based on observations about the traveler that make him or her less likely, in TSA’s eyes, to be a terrorist. For example, “apparent” married couples, if both people are over 55, have two points deducted off their score. Women over the age of 55 have one pointed deducted; for men, the point deduction doesn’t come until they reach 65. Last week, the ACLU sued TSA to obtain records related to its behavior detection programs, alleging that they lead to racial profiling. The lawsuit is based on a Freedom of Information Act request the ACLU filed last November asking for numerous documents related to the program, including the scientific justification for the program, changes to the list of behavior indicators, materials used to train officers and screen passengers, and what happens to the information collected on travelers.
  • “The TSA has insisted on keeping documents about SPOT secret, but the agency can’t hide the fact that there’s no evidence the program works,” said Hugh Handeyside, staff attorney with the ACLU National Security Project, in a statement announcing the lawsuit. Being on the lookout for suspicious behavior is a “common sense approach” that is used by law enforcement, according to TSA. “No single behavior alone will cause a traveler to be referred to additional screening or will result in a call to a law enforcement officer (LEO),” the agency said in its emailed statement. “Officers are trained and audited to ensure referrals for additional screening are based only on observable behaviors and not race or ethnicity.” One former Behavior Detection Officer manager, who asked not to be identified, said that SPOT indicators are used by law enforcement to justify pulling aside anyone officers find suspicious, rather than acting as an actual checklist for specific indicators. “The SPOT sheet was designed in such a way that virtually every passenger will exhibit multiple ‘behaviors’ that can be assigned a SPOT sheet value,” the former manager said.
  • The signs of deception and fear “are ridiculous,” the source continued. “These are just ‘catch all’ behaviors to justify BDO interaction with a passenger. A license to harass.” The observations of a TSA screener or a Behavior Detection Officer shouldn’t be the basis for referring someone to law enforcement. “The program is flawed and unnecessarily delays and harasses travelers. Taxpayer dollars would be better spent funding real police at TSA checkpoints,” the former manager said. A second former Behavior Detection Officer manager, who also asked not to be identified, told The Intercept that the program suffers from lack of science and simple inconsistency, with every airport training its officers differently. “The SPOT program is bullshit,” the manager told The Intercept. “Complete bullshit.”
  • Paul Merrell on 04 Apr 15
     
    I've completely boycotted airlines in the U.S. since 2002 because I refuse to submit to the outrageous treatment by government that is now required to board a commercial airliner. If the airlines want my business, they need to start lobbying to end the politics of fear and the Gestapo tactics of government. plus pushing for an honest investigation of the 9/11/2001 incidents.  
Paul Merrell

Latif v. Holder :: Ninth Circuit :: US Courts of Appeals Cases :: US Federal Case Law :... - 0 views

law.justia.com/...11-35407-2012-07-26.html

freedom to travel constitutional law no-fly list

shared by Paul Merrell on 27 Jul 12 - No Cached
  • Plaintiffs were United States citizens or legal permanent residents who had good reason to believe they were on the Terrorist Screening Center's (TSC) no-fly list (List). They initially submitted grievances through the redress program run by the Transportation Security Administration (TSA), but the government refused to confirm or deny their inclusion on the List. Rather than continuing to pursue their administrative grievances with the TSA, Plaintiffs filed this action against the directors of the TSC and FBI and the attorney general, challenging the TSA's grievance procedures. The district court dismissed the case, holding that TSA was a necessary party to the litigation but that TSA could not feasibly be joined in the district court due to 49 U.S.C. 46110, which grants federal courts of appeals exclusive jurisdiction to review TSA's final orders. The Ninth Circuit Court of Appeals reversed, holding (1) section 46110 does not strip the district court of federal question jurisdiction over substantive challenges to the inclusion of one's name on the List; and (2) the district court's determination that TSA was a necessary party was not an abuse of discretion, but the court erred in holding that joinder of TSA was infeasible in light of section 46110.
  • Paul Merrell on 27 Jul 12
     
    The U.S. Ninth Circuit Court of Appeals strikes down a lower court ruling that in effect would have prevented people from challenging their placement on the Terrorist Screening Center's "no-fly list." The Court of Appeals cleared the way for the plaintiffs to sue the heads of three federal agencies for failure to provide a meaningful Due Process procedure for them to respond to the evidence that landed them on the list. A big blow for freedom from arbitrary government  action.   
Paul Merrell

Poll: One-Third of Americans Would Accept Cavity Searches By TSA - 0 views

www.informationclearinghouse.info/article33022.htm

surveillance state civil liberties land of the free freedom to travel

shared by Paul Merrell on 14 Nov 12 - No Cached
  • In past columns, I have lamented how our government has not only stripped away core civil liberties from citizens, but that citizens have become increasing passive and accepting of the loss of such freedoms. A new poll conducted by Harris Interactive offers a particularly chilling measure of just how passive and accepting citizens have become to the new realities of our internal security system. The poll found almost one third of American adults would accept a “TSA body cavity search” in order to fly. Moreover a majority believes that it is reasonable to criminalize the act of disobeying any TSA agent.  The survey was conducted online by Harris Interactive on behalf of Infowars from November 5-7 among 2059 American adults. People were asked: “Given the recent reports concerning the threat posed by terrorists who plan to implant bombs within their own bodies, how willing, if at all, would you be to undergo a TSA body cavity search in order to fly?” Thirty percent said yes.
Paul Merrell

New regs say passengers cannot fly without biometric ID card - Police State USA - 0 views

www.policestateusa.com/...tsa-to-require-real-id

surveillance state national-id-cards biomettric-ID flying trains politics of fear

shared by Paul Merrell on 02 Feb 15 - No Cached
  • The ability to travel in the United States is about to become more restrictive as the TSA announces it will soon be enforcing new identification standards in American airports. Beginning in 2016, passengers attempting to pass through a federal TSA checkpoint will be subject to the requirements of the REAL ID Act. To that end, the TSA will put higher scrutiny on travelers’ identities, and will only accept a federal passport or a “REAL-ID” card, which is issued by the states to meet federal requirements. Passengers will not be allowed to fly through an American airport without submitting to the advanced federal specifications. Both federal passports and REAL-ID cards require a number of unique personal identifiers to be stored together in government databases, including his or her full name, date of birth, Social Security Number, scanned signature, and other identifiers. Both cards require biometric data: a front-facing digital photograph of the passenger’s face, which is ultimately used with a facial recognition database.
  • The enhanced security measures stem from the passage of the REAL ID Act of 2005, a U.S. law enacted by President Bush that states that a Federal agency may not accept state-issued identification cards without complying with a number of enhanced standards of the REAL ID Act. The states were given a number of years to comply, and many moved to pass their own laws to meet the benchmarks of the REAL ID Act. Due to some sluggish response, DHS extended the compliance deadline several times. Unfortunately, most states were all too willing to bend to the requirements of the federal government in order to obtain “state certifications” of compliance. To signify their compliance with the federal standards, many states are now issuing identity cards emblazoned with gold stars in the corner.
  • According to the Department of Homeland Security, only Arizona, Idaho, Louisiana, Maine, Minnesota, New Hampshire, New York, and American Samoa have not met REAL ID standards as of January 2015. By DHS estimates, 70%-80% of all U.S. drivers are already carrying around REAL ID cards or live in states that have received extensions for compliance. Some states have even gone as far as to require the applicant to present birth certificates, W-2 tax forms, bank statements, and/or pay stubs to verify one’s identity before handing out the new REAL-ID cards. Some cards have RFID chips embedded in them. Among the 39 benchmarks of the REAL ID Act, state ID cards have to be scannable with a bar code reader, and the states are required to share access to an electronic database with all other states.
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  • a few rose in opposition to REAL ID, including Congressman Ron Paul (R-TX), who was perhaps its most outspoken critic. Dr. Paul, a former presidential candidate, called REAL ID a “Trojan horse” which “transform[s] state drivers licenses into de facto national ID cards.” In an impassioned speech on the House floor on February 9, 2005, Paul laid out a number of specific objections to H.R. 418: The REAL ID Act establishes a national ID card by mandating that states include certain minimum identification standards on driver’s licenses. It contains no limits on the government’s power to impose additional standards. Indeed, it gives authority to the Secretary of Homeland Security to unilaterally add requirements as he sees fit.
  • Once DHS begins enforcing the REAL ID standards, Americans without a compliant state ID will be effectively prohibited from flying at a commercial airport. Passengers would need to obtain passports even to fly on planes that never leave the United States.
  • Supporters claim it is not a national ID because it is voluntary. However, any state that opts out will automatically make non-persons out of its citizens. The citizens of that state will be unable to have any dealings with the federal government because their ID will not be accepted. They will not be able to fly or to take a train. In essence, in the eyes of the federal government they will cease to exist. It is absurd to call this voluntary. Republican Party talking points on this bill, which claim that this is not a national ID card, nevertheless endorse the idea that “the federal government should set standards for the issuance of birth certificates and sources of identification such as driver’s licenses.” So they admit that they want a national ID but at the same time pretend that this is not a national ID. This bill establishes a massive, centrally-coordinated database of highly personal information about American citizens: at a minimum their name, date of birth, place of residence, Social Security number, and physical and possibly other characteristics. What is even more disturbing is that, by mandating that states participate in the “Drivers License Agreement,” this bill creates a massive database of sensitive information on American citizens that will be shared with Canada and Mexico!
  • This bill could have a chilling effect on the exercise of our constitutionally guaranteed rights. It re-defines “terrorism” in broad new terms that could well include members of firearms rights and anti-abortion groups, or other such groups as determined by whoever is in power at the time. There are no prohibitions against including such information in the database as information about a person’s exercise of First Amendment rights or about a person’s appearance on a registry of firearms owners. REAL ID cards streamline the process for the centralization and federalization of our private biometric data, while offering very little true benefit. In the words of Congressman Ron Paul, the program “offers us a false sense of greater security at the cost of taking a gigantic step toward making America a police state.” Its difficult to argue otherwise when passports may soon be necessary to travel domestically.
  • Paul Merrell on 02 Feb 15
     
    This is among the reasons I no longer fly. I refuse to be treated in that distrustful way by my government. Atthough I used to fly several hundred thousands of miles annually, if the airlines want my business, they need to actively and effectively oppose the emergence of the surveillance state. I reject the politics of fear that attempts to justify suppression of liberties. Where I travel is none of the government's business.
Paul Merrell

Canadian Spies Collect Domestic Emails in Secret Security Sweep - The Intercept - 0 views

firstlook.org/...ony-express-email-surveillance

surveillance state Canada CSE bulk-collection email

shared by Paul Merrell on 27 Feb 15 - No Cached
  • Canada’s electronic surveillance agency is covertly monitoring vast amounts of Canadians’ emails as part of a sweeping domestic cybersecurity operation, according to top-secret documents. The surveillance initiative, revealed Wednesday by CBC News in collaboration with The Intercept, is sifting through millions of emails sent to Canadian government agencies and departments, archiving details about them on a database for months or even years. The data mining operation is carried out by the Communications Security Establishment, or CSE, Canada’s equivalent of the National Security Agency. Its existence is disclosed in documents obtained by The Intercept from NSA whistleblower Edward Snowden. The emails are vacuumed up by the Canadian agency as part of its mandate to defend against hacking attacks and malware targeting government computers. It relies on a system codenamed PONY EXPRESS to analyze the messages in a bid to detect potential cyber threats.
  • Last year, CSE acknowledged it collected some private communications as part of cybersecurity efforts. But it refused to divulge the number of communications being stored or to explain for how long any intercepted messages would be retained. Now, the Snowden documents shine a light for the first time on the huge scope of the operation — exposing the controversial details the government withheld from the public. Under Canada’s criminal code, CSE is not allowed to eavesdrop on Canadians’ communications. But the agency can be granted special ministerial exemptions if its efforts are linked to protecting government infrastructure — a loophole that the Snowden documents show is being used to monitor the emails. The latest revelations will trigger concerns about how Canadians’ private correspondence with government employees are being archived by the spy agency and potentially shared with police or allied surveillance agencies overseas, such as the NSA. Members of the public routinely communicate with government employees when, for instance, filing tax returns, writing a letter to a member of parliament, applying for employment insurance benefits or submitting a passport application.
  • Chris Parsons, an internet security expert with the Toronto-based internet think tank Citizen Lab, told CBC News that “you should be able to communicate with your government without the fear that what you say … could come back to haunt you in unexpected ways.” Parsons said that there are legitimate cybersecurity purposes for the agency to keep tabs on communications with the government, but he added: “When we collect huge volumes, it’s not just used to track bad guys. It goes into data stores for years or months at a time and then it can be used at any point in the future.” In a top-secret CSE document on the security operation, dated from 2010, the agency says it “processes 400,000 emails per day” and admits that it is suffering from “information overload” because it is scooping up “too much data.” The document outlines how CSE built a system to handle a massive 400 terabytes of data from Internet networks each month — including Canadians’ emails — as part of the cyber operation. (A single terabyte of data can hold about a billion pages of text, or about 250,000 average-sized mp3 files.)
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  • The agency notes in the document that it is storing large amounts of “passively tapped network traffic” for “days to months,” encompassing the contents of emails, attachments and other online activity. It adds that it stores some kinds of metadata — data showing who has contacted whom and when, but not the content of the message — for “months to years.” The document says that CSE has “excellent access to full take data” as part of its cyber operations and is receiving policy support on “use of intercepted private communications.” The term “full take” is surveillance-agency jargon that refers to the bulk collection of both content and metadata from Internet traffic. Another top-secret document on the surveillance dated from 2010 suggests the agency may be obtaining at least some of the data by covertly mining it directly from Canadian Internet cables. CSE notes in the document that it is “processing emails off the wire.”
  • Paul Merrell on 27 Feb 15
     
    " CANADIAN SPIES COLLECT DOMESTIC EMAILS IN SECRET SECURITY SWEEP BY RYAN GALLAGHER AND GLENN GREENWALD @rj_gallagher@ggreenwald YESTERDAY AT 2:02 AM SHARE TWITTER FACEBOOK GOOGLE EMAIL PRINT POPULAR EXCLUSIVE: TSA ISSUES SECRET WARNING ON 'CATASTROPHIC' THREAT TO AVIATION CHICAGO'S "BLACK SITE" DETAINEES SPEAK OUT WHY DOES THE FBI HAVE TO MANUFACTURE ITS OWN PLOTS IF TERRORISM AND ISIS ARE SUCH GRAVE THREATS? NET NEUTRALITY IS HERE - THANKS TO AN UNPRECEDENTED GUERRILLA ACTIVISM CAMPAIGN HOW SPIES STOLE THE KEYS TO THE ENCRYPTION CASTLE Canada's electronic surveillance agency is covertly monitoring vast amounts of Canadians' emails as part of a sweeping domestic cybersecurity operation, according to top-secret documents. The surveillance initiative, revealed Wednesday by CBC News in collaboration with The Intercept, is sifting through millions of emails sent to Canadian government agencies and departments, archiving details about them on a database for months or even years. The data mining operation is carried out by the Communications Security Establishment, or CSE, Canada's equivalent of the National Security Agency. Its existence is disclosed in documents obtained by The Intercept from NSA whistleblower Edward Snowden. The emails are vacuumed up by the Canadian agency as part of its mandate to defend against hacking attacks and malware targeting government computers. It relies on a system codenamed PONY EXPRESS to analyze the messages in a bid to detect potential cyber threats. Last year, CSE acknowledged it collected some private communications as part of cybersecurity efforts. But it refused to divulge the number of communications being stored or to explain for how long any intercepted messages would be retained. Now, the Snowden documents shine a light for the first time on the huge scope of the operation - exposing the controversial details the government withheld from the public. Under Canada's criminal code, CSE is no
Paul Merrell

New regs say passengers cannot fly without biometric ID card - Police State USA - 0 views

www.policestateusa.com/...tsa-to-require-real-id

surveillance state REAL-ID flying

shared by Paul Merrell on 16 Feb 15 - No Cached
  • The ability to travel in the United States is about to become more restrictive as the TSA announces it will soon be enforcing new identification standards in American airports. Beginning in 2016, passengers attempting to pass through a federal TSA checkpoint will be subject to the requirements of the REAL ID Act. To that end, the TSA will put higher scrutiny on travelers’ identities, and will only accept a federal passport or a “REAL-ID” card, which is issued by the states to meet federal requirements. Passengers will not be allowed to fly through an American airport without submitting to the advanced federal specifications. Both federal passports and REAL-ID cards require a number of unique personal identifiers to be stored together in government databases, including his or her full name, date of birth, Social Security Number, scanned signature, and other identifiers. Both cards require biometric data: a front-facing digital photograph of the passenger’s face, which is ultimately used with a facial recognition database.
Paul Merrell

FBI Celebrates Duping Another Mentally Ill Man Into Fake Terror Plot - 0 views

thenewamerican.com/...-ill-man-into-fake-terror-plot

war on terror™ FBI terrorists™ entrapment sting-operations

shared by Paul Merrell on 16 Feb 13 - No Cached
  • Following a series of similar widely ridiculed so-called “sting” operations, the Federal Bureau of Investigation announced last week that it had foiled yet another “terror plot” that, like virtually every supposed “terrorist” case in recent years, was created and managed from start to finish by the FBI itself. This time, the dupe was a 28-year-old California man, Matthew Aaron Llaneza, with a documented history of mental illness, who apparently believed his government handlers were helping him wage “jihad.” Critics, however, say the whole scheme smacks of entrapment and a waste of taxpayer money. Llaneza was arrested by federal agents on February 7 in Oakland after he supposedly tried to blow up a bogus bomb the FBI helped him create. According to authorities, the mentally ill San Jose suspect planned to detonate the fake explosives outside a Bank of America branch. The alleged plan, officials said, was to start a “civil war” by making it appear as if the attack had been carried out by “anti-government militias,” sparking a crackdown by the government on right-of-center dissidents.       “Unbeknownst to Llaneza, the explosive device that he allegedly attempted to use had been rendered inoperable by law enforcement and posed no threat to the public,” the FBI admitted in a press release celebrating the arrest of its mentally unstable stooge. The man was charged in a criminal complaint with “attempted use of a weapon of mass destruction against property used in an activity that affects interstate or foreign commerce.” If convicted, he could face life in prison.
  • According to the government’s court filings, the mentally ill man met with an undercover FBI agent late last year under mysterious circumstances. The federal official somehow managed to convince the naïve dupe that he was connected to the “Taliban and the mujahidin in Afghanistan” — Islamist forces that were originally armed and trained by the U.S. government before becoming official enemies. From there, federal handlers worked with the man to develop the half-baked plot and the fake bomb to blow something up.  
  • Paul Merrell on 16 Feb 13
     
    The trend continues. Still no Terrorist™ criminal charges brought against anyone by the FBI other than alleged 9/11 participants that the FBI did not incite to commit an act of Terrorism™; i.e., no real Terrorist™ threat resulting in criminal charges. Hard to justify continuation of all that funding the FBI gets for chasing domestic Terrorists™ if there aren't any, so the FBI continues to manufacture them in sting operations. Not to mention that the whole War on Terror™ government propaganda campaign would fall apart and the TSA would have to stop forcing air passengers to choose between being groped or viewed naked in those nifty body scanners. Heaven forbid that we might begin restoring civil rights and spending those trillions of dollars on the War on Terror™. No! No! We must maintain Cold War military spending as a percentage of GDP or we'd be flooded with unemployed military veterans and former government contractor workers. We only start wars to defend the U.S., not to enrich military contractors, seize natural resources from those that own or control them, enable the banksters to siphon more from a bigger bucket, or  expand the Globalist Empire. We are America! We are the good guys. Our motives for waging the War on Terror™ are entirely altruistic. Ditto for our professional politicians.   Not.     
Gary Edwards

Obama Comes Out of the Closet and Embraces Gay Marriage « azizonomics - 0 views

azizonomics.com/...obama-embraces-gay-marriage

azonomics Liberty-in-the-breach

shared by Gary Edwards on 11 May 12 - No Cached
  • Gary Edwards on 11 May 12
     
    Good discussion about the crap being thrown at Americans, as big media bangs the drum of nonsense, and the "sturm und drang" of election politics rolls on.  What really matters is what's not being discussed; the destruction of America, American individual liberty, and our Constitutional way of life.   excerpt: It just seems like an easy issue for Obama to posture on, while trampling the Constitution into the dirt. When it comes to civil liberties, Obama has always talked a good game, and then acted more authoritarian than Bush. He talked about an end to the abuses of the Bush years and an open and transparent government, yet extended the Fourth-Amendment-shredding Patriot Act, empowered the TSA to produce naked body scans and engage in humiliatingly sexual pat-downs, signed indefinite detention of American citizens into law, claimed and exercised the power to assassinate American citizens without trial, and aggressively prosecuted whistleblowers. Under his watch the U.S. army even produced a document planning for the reeducation of political activists in internment camps. Reeducation camps? In America? And some on the left are still crowing that talking about being in favour of gay marriage makes him "pro-civil liberties"? Is this a joke? Here are a few metrics that we should be judging Obama on: People not in the labour force is spiking:
Paul Merrell

Victory! Federal Court Recognizes Constitutional Rights of Americans on the No-Fly List... - 0 views

www.aclu.org/...ctory-federal-court-recognizes

war on terror™ no-fly-list Due Process litigation

shared by Paul Merrell on 31 Dec 13 - No Cached
  • A federal court took a critically important step late yesterday towards placing a check on the government's secretive No-Fly List. In a 38-page ruling in Latif v. Holder, the ACLU's challenge to the No-Fly List, U.S. District Court Judge Anna Brown recognized that the Constitution applies when the government bans Americans from the skies. She also asked for more information about the current process for getting off the list, to inform her decision on whether that procedure violates the Fifth Amendment guarantee of due process. We represent 13 Americans, including four military veterans, who are blacklisted from flying. At oral argument in June on motions for partial summary judgment, we asked the court to find that the government violated our clients' Fifth Amendment right to due process by barring them from flying over U.S. airspace – and smearing them as suspected terrorists – without giving them any after-the-fact explanation or a hearing at which to clear their names. The court's opinion recognizes – for the first time – that inclusion on the No-Fly List is a draconian sanction that severely impacts peoples' constitutionally-protected liberties. It rejected the government's argument that No-Fly list placement was merely a restriction on the most "convenient" means of international travel.
  • Such an argument ignores the numerous reasons an individual may have for wanting or needing to travel overseas quickly such as for the birth of a child, the death of a loved one, a business opportunity, or a religious obligation. According to the court, placement on the No-Fly List is like the revocation of a passport because both actions severely burden the right to international travel and give rise to a constitutional right to procedural due process: Here it is undisputed that inclusion on the No-Fly List completely bans listed persons from boarding commercial flights to or from the United States or over United States air space.  Thus, Plaintiffs have shown their placement on the No-Fly List has in the past and will in the future severely restrict Plaintiffs' ability to travel internationally. Moreover, the realistic implications of being on the No-Fly List are potentially far-reaching. For example, TSC [the Terrorist Screening Center] shares watchlist information with 22 foreign governments and United States Customs and Boarder [sic] Protection makes recommendations to ship captains as to whether a passenger poses a risk to transportation security, which can result in further interference with an individual's ability to travel as evidenced by some Plaintiffs' experiences as they attempted to travel abroad by boat and land and were either turned away or completed their journey only after an extraordinary amount of time, expense, and difficulty. Accordingly, the Court concludes on this record that Plaintiffs have a constitutionally-protected liberty interest in traveling internationally by air, which is affected by being placed on the list. The court also found that the government's inclusion of our clients on the No-Fly List smeared them as suspected terrorists and altered their ability to lawfully board planes, resulting in injury to another constitutionally-protected right: freedom from reputational harm.
  • The importance of these rulings is clear. Because inclusion on the No-Fly List harms our clients' liberty interests in travel and reputation, due process requires the government to provide them an explanation and a hearing to correct the mistakes that led to their inclusion. But under the government's "Glomar" policy, it refuses to provide any information confirming or denying that our clients are on the list, let alone an after-the-fact explanation and hearing. The court has asked the ACLU and the government for more information about the No-Fly List redress procedure to help it decide the ultimate question of whether that system violates the Fifth Amendment right to due process. We are confident the court will recognize that the government's "Glomar" policy of refusing even to confirm or deny our clients' No-Fly List status (much less actually providing the reasons for their inclusion in the list) is fundamentally unfair and unconstitutional.
  • Paul Merrell on 31 Dec 13
     
    A case decision in August that I had missed, right here in Oregon. One of our Oregon federal judges gets it right after being reversed the first time by the 9th U.S. Circuit Court of Appeals. I've read the opinion. Looks quite solid. Plaintiffs were carefully chosen for this test case, 13 citizens placed on the no-fly list, all with compelling stories of winding up stranded, some overseas. Several are U.S. military veterans. All were told by government officials that the reason they could not board was because they were on the TSA no-fly list. At issue is whether they have a right to be informed of the information that resulted in them being placed on the no-fly list and a right to a hearing to seek correction of the information. Their constitutional interest in their reputations is also in play, since they have been classified by their government as too dangerous to allow to travel by commercial airline.   The district court case is not done; the judge has ordered further briefing on some issues. But the government is trying to defend a process in which no one is ever formally notified that they are on the no-fly list and is never advised of the reasons they are on the no-fly list. The number of Americans on the no-fly list is now over 700,000. But the judge has recognized that there is a constitutional right to travel and that it extends to international travel. From the opinion: "Plaintiffs contend the government has deprived them of their protected liberty interest in travel. In Kent v. Dulles, 357 U.S. 116 (1958), the Supreme Court held "[t]he right to travel is part of the 'liberty' of which the citizen cannot be deprived without due process of law under the Fifth Amendment."  Id. at 125. As noted by the Ninth Circuit, "the [Supreme] Court has consistently treated the right to international travel as a liberty interest that is protected by the Due Process Clause of the Fifth Amendment." DeNieva v. Reyes, 966 F.2d 480, 485 (9th Cir. 1992)(emp
Gary Edwards

Not Actually a Shutdown | National Review Online - 0 views

www.nationalreview.com/...ly-shutdown-hans-von-spakovsky

shared by Gary Edwards on 01 Oct 13 - No Cached
  • Gary Edwards on 01 Oct 13
     
    excerpt: "A 1981 memorandum by David Stockman during the Reagan administration that is still relied on by the OMB laid out the services that continue without interruption during any government "shutdown": .... National security, including the conduct of foreign relations essential to the national security or the safety of life and property; .... Benefit payments and the performance of contract obligations under no-year or multi-year appropriations or other funds remaining available for those purposes; .... Medical care of inpatients and emergency outpatient care and activities essential for the safe use of food, drugs, and hazardous materials; .... Air-traffic control and other transportation safety functions; Border and coastal protection and surveillance; .... Protection of federal lands, buildings, waterways, and other property of the U.S.; .... Care of prisoners and others in federal custody; .... Law enforcement and criminal investigations; .... Emergency and disaster assistance; .... Activities essential to the preservation of the money and banking system of the U.S., including borrowing and tax collection; .... Production of power and maintenance of the power-distribution system; and .... Protection of research property. So planes, trains, and automobiles will keep running and TSA will keep patting you down. The president can continue to go on overseas trips to conduct foreign relations. Social Security and Medicaid benefits will keep going out. The Border Patrol will keep patrolling our borders to prevent illegal crossings (at least as much as this administration will let it do that). The Federal Bureau of Prisons will keep convicted criminals in prison and the FBI will continue making arrests and investigating violations of the law. The FDA and the Department of Agriculture will continue their safety testing and inspection of food and drugs, and medical care of inpatients and emergency outpatient care will keep right on going. The Fed
Paul Merrell

TSA Warns of Possible ISIS Attack on U.S. Soil - The Intercept - 0 views

firstlook.org/...ity-warns-isis-attack-u-s-soil

tyranny politics of fear ISIL

shared by Paul Merrell on 27 Apr 15 - No Cached
  • The Transportation Security Administration has issued a classified warning about a potential attack by the Islamic State over the weekend against a target in the United States. The Intercept reviewed a notice of the classified alert, which was sent out Friday afternoon by TSA’s Transportation Security Operations Center. A source, who reviewed the classified intelligence warning, described the threat as very general, with no specifics about location or type of attack — just the timing. The alert covers a 48-hour period that began late Friday afternoon. The essence of the warning, according to a source, is that “ISIS plans an attack on U.S. soil.”
  • In response, the TSA deployed its Visible Intermodal Prevention and Response teams, or VIPR for short, to various locations. The VIPR teams have expanded in recent years, moving beyond airports to train stations and other busy transportation sites. The warning appears significant in that it demonstrates that the U.S. intelligence community is now taking seriously the potential of ISIS to attack targets on U.S. soil, something the group has not yet done. ISIS has made broad threats against the United States in the past, but up to now, ISIS attacks on U.S. targets have been limited to Americans in Iraq and Syria. A spokesperson for the National Security Council referred questions to the Department of Homeland Security, which did not immediately respond to a request for comment.
  • Paul Merrell on 27 Apr 15
     
    Given that ISIL is controlled by the CIA and State Department, what are we to make of this other than practicing the politics of fear?
Paul Merrell

Judicial Watch Played Into The Government's Hands -- Americans Are Blinded By Agendas -... - 0 views

www.paulcraigroberts.org/...ands-americans-blinded-agendas

Roberts 9-11 bin-Laden-assassination

shared by Paul Merrell on 07 Apr 14 - No Cached
  • Disinformation succeeds because so many people and interest groups across the political spectrum find that it serves their agendas as well as the agenda of the government. Consider for example the explanation of 9/11 that blamed Muslim terrorists for the attack. This served the interests of the neoconservatives, the private armaments companies, the US military, the private security companies, government security agencies such as the CIA, the left-wing, the right-wing, the Israel Lobby, and the print and TV media. The official explanation gave the neoconservatives the “new Pearl Harbor” that they needed for their program of invasions of Middle Eastern countries. The private armaments companies could look forward to decades of high profits. Wars always bring the military rapid promotions and higher retirement benefits. Private manufacturers of security equipment and spyware enjoy a rising demand for their products and have grown fat from the products sold to the TSA and NSA. Homeland Security has vastly expanded the federal workforce and administrative positions. The left-wing has proof of “blowback” caused by US interference in the internal affairs of other countries. The right-wing has proof that America has enemies against whom defense at all costs is necessary. The Israel Lobby has the US to overthrow the regimes in the way of Israel’s territorial expansion. The media has the story of the century with which to boost ratings and curry the favor of government.
  • In other words, the government’s story cannot stand the light cast by the facts and independent experts, and the government’s false story must be protected by shutting down the truth-telling experts. The government, Sunstein argued, needs to either gain control over these experts or to shut them down. Just as many different collections of interest groups and people have stakes in the Obama regime’s story of the killing of Osama bin Laden by US Navy SEALS in Abbottabad, Pakistan. This story and its selling by an enthusiastic media guaranteed Obama’s reelection. It served the emotions of super patriots desperate for revenge who wear their gullibility on their sleeves. It served the myth of CIA and NSA prowess. It served the reputation of the killing power of US Special Forces teams. It proved that America won even though it lost the wars in Iraq and Afghanistan. All the trillions of dollars spent were worth it. We got revenge on the guy who did 9/11. No one remembered that the US government, unable to find bin Laden for 10 years, had settled on a different “9/11 mastermind,” Khalid Sheikh Mohammed, and had him water-boarded 183 times until he confessed to being responsible for 9/11. If Khalid Sheikh Mohammed “was responsible for the 9/11 operation from A to Z,” why were SEALS sent, illegally, into Pakistan to murder bin Laden? As the FBI says, there is no evidence that bin Laden is responsible for 9/11. That is why bin Laden was not wanted on that charge by the FBI, as the FBI publicly stated.
  • Judicial Watch has been trying to pry the (nonexistent) photos of a dead bin Laden from the government’s hands. For “national security reasons” the US government does not want anyone to see evidence that supports its far-fetched tale of bin Laden’s murder. The photographic evidence of a successful raid are off limits. They are like the alleged videos of the airliner hitting the Pentagon that we are not permitted to see for “national security reasons.” In other words, the photos and videos do not exist and never did. No government, not even the American one, would be so totally stupid as to withhold the evidence for its claims. The government, seeing its unbelievable stories lose believability at home and abroad used Judicial Watch’s lawsuit to boost the credibility of its story. Judicial Watch filed a Freedom of Information Act lawsuit for the photos that the Obama regime alleged to have of the murdered bin Laden but refused to release. Obviously, the government has no such photos and never had any such photos. But the government does not need evidence when it can rely on the gullibility of the American people.
  • ...3 more annotations...
  • How was bin Laden, who was known in 2001 to be suffering from terminal illnesses, including renal failure, and whose death was widely reported in 2001 still alive ten years later to be murdered by SEALs? What sense does it make that the greatest terrorist leader of our time only had two unarmed women to protect him. What sense does it make that the US would murder the terrorist mastermind with all the plots in his head instead of capturing and questioning him? How can anyone be so gullible as to believe such a nonsense tale as told to them by Obama and the presstitute media? Is America really a nation of utter fools? Like the 9/11 story, the story of bin Laden’s murder is losing credibility with the US population. Pakistani National TV shot Obama’s story down with an eyewitness interview that reported that not one single person, dead body, or any piece of evidence left Abbottadad, because the only helicopter that landed blew up when it attempted to leave and there were no survivors. No other helicopters landed. So there was no dead bin Laden to be buried at sea (there are no known witnesses to the alleged burial) and no photographs of a dead bin Laden.
  • As the government had no photos to release, the US government decided to use the opportunity presented by Judicial Watch to bolster its story that photos of bin Laden murdered and dead were once in its possession. The government released to Judicial Watch a document under the Freedom of Information Act that is an order from Special Operations Commander Admiral William McRaven to “destroy immediately” the photos of the dead bin Laden. Judicial Watch took the bait. Instead of realizing that there was no reason whatsoever for the government to destroy the only evidence that might support its claim to have murdered bin Laden, Judicial Watch focused on the illegality of destroying the evidence. Judicial Watch says that “Federal law contains broad prohibitions against the ‘concealment, removal, or mutilation generally’ of government records.” http://www.globalresearch.ca/top-pentagon-leader-ordered-destruction-of-bin-laden-death-photos/5368389 Judicial Watch played into the government’s hands. Judicial Watch president Tom Fitton was maneuvered by the government into defining the scandal as the destruction of evidence, “revealing both contempt for the rule of law and the American people’s right to know.” To the contrary, the real scandal is the massive lie that bin Laden was killed by a SEAL raid and the acceptance of this lie by the American people and Judicial Watch.
  • By damning the government for destroying evidence, Judicial Watch has given credibility to the government’s claim that SEALs murdered Osama bin Laden. The SEAL team credited with bin Laden’s murder was quickly eliminated when the team was loaded onto a 1960s vintage helicopter in Afghanistan. Apparently the team members were asking one another, “Were you on that mission that killed bin Laden?” Of course, no one was, and this information was too dangerous for the Obama regime.
  • Paul Merrell on 07 Apr 14
     
    Paul Craig Roberts goes on record as a 9-11 Truther and as a deep sceptic of Obama's claim that Seal Team 6 killed Osama bin Laden in 2011. 
Paul Merrell

Justices back air marshal who blew whistle on cutbacks - 0 views

www.usatoday.com/...18462071

tyranny whistleblower-law litigation

shared by Paul Merrell on 08 Nov 14 - No Cached
  • A former air marshal who leaked information about agency cutbacks had a good day at the Supreme Court Tuesday, while the federal government he served had trouble convincing justices that he deserved to be fired.The result could turn out to be a rare court victory for government whistle-blowers who expose potential dangers to health or safety, even if the disclosures violate agency rules.Nearly all the justices appeared to agree that Robert MacLean was within his rights in 2003 when he leaked the fact that the Transportation Security Administration was taking air marshals off overnight flights. MacLean believed the action risked passengers' safety, and his leak to MSNBC prompted congressional criticism, leading the TSA to reverse itself.
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