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Paul Merrell

Visit the Wrong Website, and the FBI Could End Up in Your Computer | Threat Level | WIRED - 0 views

www.wired.com/...operation_torpedo

surveillance state FBI drive-by-malware Tor digital-privacy

shared by Paul Merrell on 09 Aug 14 - No Cached
  • Security experts call it a “drive-by download”: a hacker infiltrates a high-traffic website and then subverts it to deliver malware to every single visitor. It’s one of the most powerful tools in the black hat arsenal, capable of delivering thousands of fresh victims into a hackers’ clutches within minutes. Now the technique is being adopted by a different kind of a hacker—the kind with a badge. For the last two years, the FBI has been quietly experimenting with drive-by hacks as a solution to one of law enforcement’s knottiest Internet problems: how to identify and prosecute users of criminal websites hiding behind the powerful Tor anonymity system. The approach has borne fruit—over a dozen alleged users of Tor-based child porn sites are now headed for trial as a result. But it’s also engendering controversy, with charges that the Justice Department has glossed over the bulk-hacking technique when describing it to judges, while concealing its use from defendants. Critics also worry about mission creep, the weakening of a technology relied on by human rights workers and activists, and the potential for innocent parties to wind up infected with government malware because they visited the wrong website. “This is such a big leap, there should have been congressional hearings about this,” says ACLU technologist Chris Soghoian, an expert on law enforcement’s use of hacking tools. “If Congress decides this is a technique that’s perfectly appropriate, maybe that’s OK. But let’s have an informed debate about it.”
  • The FBI’s use of malware is not new. The bureau calls the method an NIT, for “network investigative technique,” and the FBI has been using it since at least 2002 in cases ranging from computer hacking to bomb threats, child porn to extortion. Depending on the deployment, an NIT can be a bulky full-featured backdoor program that gives the government access to your files, location, web history and webcam for a month at a time, or a slim, fleeting wisp of code that sends the FBI your computer’s name and address, and then evaporates. What’s changed is the way the FBI uses its malware capability, deploying it as a driftnet instead of a fishing line. And the shift is a direct response to Tor, the powerful anonymity system endorsed by Edward Snowden and the State Department alike.
Paul Merrell

James Risen's CIA Story Op Merlin - Business Insider - 0 views

www.businessinsider.com/ens-cia-story-op-merlin-2015-1

war-on-whistleblowers Risen testimony

shared by Paul Merrell on 14 Jan 15 - No Cached
  • For the past seven years, New York Times journalist James Risen has been embroiled in a legal battle with two presidential administrations over his refusal to reveal an inside government source. It turns out he will not be called to testify at a leak trial scheduled to begin this week.
  • Paul Merrell on 14 Jan 15
     
    Sounds like Obama blinked first.
Paul Merrell

The UN Congo Offensive: A Continent Betrayed | nsnbc international - 0 views

nsnbc.me/...o-offensive-continent-betrayed

war & peace U.S.-foreign-policy UK Belgium U.N. Rwanda Congo Uganda Hutu Burundia RPF FDLR

shared by Paul Merrell on 17 Jan 15 - No Cached
  • On January 5, 2015 the United Nations announced that offensive operations by its forces, known as MONUSCO, along with Congolese army elements, are being prepared against the Democratic Forces For the Liberation of Rwanda (FDLR) based in the east of the Republic of Congo (DRC). This follows a Security Council statement of October 3, 2014 calling for the neutralization of the FDLR if they did not surrender, which itself followed a demand by the International Conference of the Great Lakes Region, and the South African Development Community made on July 2nd last year that the FDLR demobilise.
  • The Security Council “rejected any call for political dialogue” and went on to call the FDLR a group of war criminals. This rejection of dialogue based on a false characterization of the FDLR and on a false history of the events in Rwanda and central Africa for the past twenty years is itself a violation of Chapter 1, Article 1 of the UN Charter that states that the purposes of the United Nations are to “maintain peace and security …and to bring about by peaceful means…settlement of international disputes or situations which might lead to a breach of the peace.” It is also surprising since the UN’s own Mapping Exercise Report of 2010 which examined crimes against humanity and war crimes committed against Hutu refugees in the DRC between 1996 and 2003 described countless mass atrocities and massacres of those refugees by Rwandan, Burundian, Ugandan and allied forces, amounting to genocide against the Hutus. Those massacres have not stopped since 2003 as several proxy forces of the Rwandans and Ugandans, using various names, and claiming to be Congolese rebels, have continued attacks on Hutus in the DRC as well as on Congolese who got in the way of their objective of looting the resources of the region.
  • The FDLR is the only force trying to protect Hutu refugees in the DRC from being totally exterminated by the Rwandan and Ugandan forces, the same forces that attacked and pillaged Rwanda between 1990 and 1994 and that have slaughtered several million more Hutus and Congolese since. Because the FDLR is the only effective armed political opposition to the military dictatorship of Paul Kagame and his Rwandan Patriotic Front (RPF), it is a clear threat to the countries that have mining and resource interests in the DRC and who have been using Uganda and Rwanda as local enforcers to carry out their effective division of the country that makes it easier to control and exploit those resources. All the countries in the pan-African groups that called for the demobilisation of the FDLR have interests in the resources of the Congo region. All have an interest in continued war in the DRC, its continued division and weakness, and the destruction of any effective opposition to the forces assigned the role of carrying out that policy. This includes the DRC itself whose President, Joseph Kabila, is known to be a partner and agent of Kagame and rules the DRC not in the interests of the Congolese but in the interests of Kagame, Musuveni and their western masters.
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  • But then the UN has a lot to cover up. There was heartrending testimony by Hutu witnesses at the ICTR Military II trial describing the flight of 2 to 3 million Hutu refugees fleeing with the retreating Rwandan Armed forces into Zaire in July 1994, pursued by RPF units intent on exterminating them. The Rwandan government armed forces, disarmed by Congolese forces when they crossed the border, were unable to protect these Hutu refugees when, in 1996, and subsequently, the Rwandans and Ugandans attacked the Hutu refugee camps killing hundreds of thousands of unarmed civilians. The survivors were either forced into the forest or forced to return to Rwanda at gunpoint, on UN planes, only to be thrown into RPF prisons without charge, tortured, or killed en masse. Those who escaped through the forest told of being pursued day and night through thousands of kilometres of jungle and swamps by the RPF and stated that just before being shelled or attacked by those forces they saw spotter planes overhead with either US or UN markings. All the witnesses were consistent on this. Rwandan Army officers testified that they were surprised to see themselves under attack by UN forces in Kigali in support of the RPF in April 1994. A journalist testified that UN officers at Amohoro Stadium, in Kigali, where General Dallaire had his headquarters, stood by and did nothing as RPF soldiers, on a daily basis, selected Hutus seeking protection there, and shot them.
  • The Americans and British have been at the heart of the problem from 1990, when they supported the invasion of Rwanda by units of the Ugandan National Resistance Army (NRA), calling themselves the Rwandan Patriotic Front (RPF), and commanded by a senior ranking intelligence officer of the NRA, Paul Kagame. They supported 4 years of terrorist attacks against Hutus and local Tutsis by the RPF that included the attack on the town of Ruhengeri in February 1993 in which the RPF massacred 40,000 Hutu civilians before the government forces were able to recapture the town.
  • This pattern of UN complicity in the mass crimes committed by the RPF, Ugandan and allied western forces in the Rwandan war, has been followed ever since. The evidence is compelling that the CIA, US military forces, and UN peacekeeping forces in Rwanda in 1993-94, commanded by Canadian General Dallaire, were involved in helping the RPF overthrow the Rwandan interim government and in preparing the RPF’s final offensive launched on the night of April 6th when the Rwandan President’s plane was shot down by RPF missiles, killing two African heads of state, President Habyarimana of Rwanda and President Ntaryamira, of Burundi.
  • The ICTR prosecutor and the UNHCR also had in their possession a copy of a letter from Paul Kagame, written in August 1994, in which Kagame refers to a meeting with President Musuveni of Uganda and that their “plan for Zaire” was going forward, assisted by the Americans, British, and Belgians. The letter stated that the Hutus were in the way and must be removed at any cost. That letter says a lot and yet it was suppressed until 2009 when it was discovered in prosecution files. In fact that letter indicates that the wars in the DRC were planned long ago and the announcement of the new offensive against the FDLR is a continuation of that plan. Now the only force that exists to protect the Hutus, the FDLR, is going to be attacked again, by the UN. Once again, the Hutus are betrayed by the international community. The UN has lots of things to answer for in Rwanda and Congo and elsewhere and has long been used to further the interests of the west in Africa in general. That certain members of the Security Council, who should know better, go along with protecting those really responsible for the tragedy that is central Africa and Africa as a whole, and for the crimes committed there, is an indictment of the entire UN system.
  • It is ironic that on December 11, 2014th the UN general assembly voted to reopen the investigation into the death of the UN Secretary General Dag Hammarskjold who was killed in then Rhodesia when his plane went down near Ndola. The report of the investigative commission that examined new information stated that there is evidence that the plane was shot down by another aircraft and that the US and British and Belgian governments were likely involved. The death of Hammarskjold is intimately connected with the murder of Patrice Lumumba that led to the installation of Mobutu as President of Congo. We now know that the Rwanda war was the first phase of the greater war for control of the resources of the Congo basin, which was beginning to slip from the west, as Mobutu began to turn towards China. That long and terrible war is not over and it is the UN itself that wants to keep it going.
  • Paul Merrell on 17 Jan 15
     
    I've been hitting more and more information on the U.S., U.K. and Belgium's role in the infamous Hutu massacres in Rwanda and vicinity. Still ongoing. U.S. military forces in the area -- part of AFRICOM -- are ostensibly there to assist in fighting the "Christianist" Lord's Resistance Army.  
Paul Merrell

US Deports Professor Sami Al-Arian | Consortiumnews - 0 views

consortiumnews.com/...eports-professor-sami-al-arian

war & peace civil-liberties Al-Arian deportation tyranny

shared by Paul Merrell on 07 Feb 15 - No Cached
  • One of the ugliest post-9/11 trials was the terrorism prosecution of a Palestinian immigrant, Dr. Sami Al-Arian, for using strong words in criticizing Israel and backing Palestinian rights, a case that amounted to thought crimes. It has now ended with Al-Arian’s deportation, note Flynt and Hillary Mann Leverett.By Flynt Leverett and Hillary Mann LeverettEarlier this week, the U.S. government deported our friend and colleague, Dr. Sami Al-Arian, from the United States. Turkey has granted him sanctuary.
  • Paul Merrell on 07 Feb 15
     
    I've followed Dr. Al-Arian's case for many years. It is a shameful chapter in American legal history, an exercise in tyranny.
Paul Merrell

New Saudi King Tied to Al Qaeda, Bin Laden and Islamic Terrorism Washington's Blog - 0 views

www.washingtonsblog.com/...i-king-tied-911-bin-laden.html

war & peace Saudis King-Salman terrorists™

shared by Paul Merrell on 05 Feb 15 - No Cached
  • We’ve long noted that Saudi Arabia is a huge supporter of terrorism. But the new Saudi king is particularly bad. Investors Business Daily notes: King Salman has a history of funding al-Qaida, and his son has been accused of knowing in advance about the 9/11 attacks. *** Salman once ran a Saudi charity tied to al-Qaida and has been named a defendant in two lawsuits accusing the Saudi royal family of helping the 9/11 terrorists, one of which the U.S. Supreme Court recently let move forward after years of being blocked by the State Department and the well-funded Saudi lobby. Plaintiffs have provided an enormous amount of material to source their accusations against Salman. Here’s why his ascension to the throne is not good news, especially as the terrorism threat grows: • Salman once headed the Saudi High Commission for Relief to Bosnia and Herzegovina, which served as a key charitable front for al-Qaida in the Balkans. • According to a United Nations-sponsored investigation, Salman in the 1990s transferred more than $120 million from commission accounts under his control — as well as his own personal accounts — to the Third World Relief Agency, another al-Qaida front and the main pipeline for illegal weapons shipments to al-Qaida fighters in the Balkans.
  • • A U.N. audit found that the money was transferred following meetings with Salman, transfers that had no legitimate “humanitarian” purpose. • Former CIA officer Robert Baer has reported that an international raid of Saudi High Commission offices found evidence of terrorist plots against America. • Baer also revealed that Salman “personally approved” distribution of funds from the International Islamic Relief Organization, which also has provided material support to al-Qaida. • A recent Gulf Institute report says Salman and former Saudi intelligence chief Prince Turki al-Faisal knowingly aided and abetted al-Qaida in the run-up to 9/11. • Salman works closely with Saudi clerics Saleh al-Moghamsy, a radical anti-Semite, and Safar Hawali, a one-time mentor of Osama bin Laden, according to the Washington Free Beacon. • In “Why America Slept,” author Gerald Posner claimed that Salman’s son Ahmed bin Salman also had ties to al-Qaida and even advance knowledge of the Sept. 11, 2001 attacks.
  • David Andrew Weinberg provides a superb round-up of Salman’s ties to terrorism and extremism: As former CIA official Bruce Riedel astutely pointed out, Salman was the regime’s lead fundraiser for mujahideen, or Islamic holy warriors, in Afghanistan in the 1980s, as well as for Bosnian Muslims during the Balkan struggles of the 1990s. In essence, he served as Saudi Arabia’s financial point man for bolstering fundamentalist proxies in war zones abroad. As longtime governor of Riyadh, Salman was often charged with maintaining order and consensus among members of his family. Salman’s half brother King Khalid (who ruled from 1975 to 1982) therefore looked to him early on in the Afghan conflict to use these family contacts for international objectives, appointing Salman to run the fundraising committee that gathered support from the royal family and other Saudis to support the mujahideen against the Soviets. Riedel writes that in this capacity, Salman “work[ed] very closely with the kingdom’s Wahhabi clerical establishment.” Another CIA officer who was stationed in Pakistan in the late 1980s estimates that private Saudi donations during that period reached between $20 million and $25 million every month. And as Rachel Bronson details in her book, Thicker Than Oil: America’s Uneasy Partnership With Saudi Arabia, Salman also helped recruit fighters for Abdul Rasul Sayyaf, an Afghan Salafist fighter who served as a mentor to both Osama bin Laden and 9/11 mastermind Khalid Sheikh Mohammed.
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  • Reprising this role in Bosnia, Salman was appointed by his full brother and close political ally King Fahd to direct the Saudi High Commission for Relief of Bosnia and Herzegovina (SHC) upon its founding in 1992. Through the SHC, Salman gathered donations from the royal family for Balkan relief, supervising the commission until its until its recent closure in 2011. By 2001, the organization had collected around $600 million — nominally for relief and religious purposes, but money that allegedly also went to facilitating arms shipments, despite a U.N. arms embargo on Bosnia and other Yugoslav successor states from 1991 to 1996. And what kind of supervision did Salman exercise over this international commission? In 2001, NATO forces raided the SHC’s Sarajevo offices, discovering a treasure trove of terrorist materials: before-and-after photographs of al Qaeda attacks, instructions on how to fake U.S. State Department badges, and maps marked to highlight government buildings across Washington. The Sarajevo raid was not the first piece of evidence that the SHC’s work went far beyond humanitarian aid. Between 1992 and 1995, European officials tracked roughly $120 million in donations from Salman’s personal bank accounts and from the SHC to a Vienna-based Bosnian aid organization named the Third World Relief Agency (TWRA). Although the organization claimed to be focused on providing humanitarian relief, Western intelligence agencies estimated that the TWRA actually spent a majority of its funds arming fighters aligned with the Bosnian government.
  • A defector from al Qaeda called to testify before the United Nations, and who gave a deposition for lawyers representing the families of 9/11 victims, alleged that both Salman’s SHC and the TWRA provided essential support to al Qaeda in Bosnia, including to his 107-man combat unit. In a deposition related to the 9/11 case, he stated that the SHC “participated extensively in supporting al Qaida operations in Bosnia” and that the TWRA “financed, and otherwise supported” the terrorist group’s fighters. The SHC’s connection to terrorist groups has long been scrutinized by U.S. intelligence officials as well. The U.S. government’s Joint Task Force Guantanamo once included the Saudi High Commission on its list of suspected “terrorist and terrorist support entities.” The Defense Intelligence Agency also once accused the Saudi High Commission of shipping both aid and weapons to Mohamed Farrah Aidid, the al Qaeda-linked Somali warlord depicted as a villain in the movie Black Hawk Down. Somalia was subject to a United Nations arms embargo starting in January 1992. *** The board of trustees for the Prince Salman Youth Center, which Salman himself chairs, today includes Saleh Abdullah Kamel, a Saudi billionaire whose name showed up on a purported list of al Qaeda’s earliest supporters known as the “golden chain.” (The Wall Street Journal reported that Kamel “denies supporting terror.”) But as the United States sought to shut down Saudi charities with ties to terrorism in the aftermath of the 9/11 attacks, Kamel and Salman both condemned the effort as an anti-Islamic witch hunt.
  • In 1995, US aid worker William Jefferson is killed in Bosnia. One of the likely suspects, Ahmed Zuhair Handala, is linked to the SHC. He also is let go, despite evidence linking him to massacres of civilians in Bosnia. [Schindler, 2007, pp. 263-264] In 1997, a Croatian apartment building is bombed, and Handala and two other SHC employees are suspected of the bombing. They escape, but Handala will be captured after 9/11 and sent to Guantanamo prison. [Schindler, 2007, pp. 266] In 1997, SHC employee Saber Lahmar is arrested for plotting to blow up the US embassy in Saravejo. He is convicted, but pardoned and released by the Bosnian government two years later. He will be arrested again in 2002 for involvement in an al-Qaeda plot in Bosnia and sent to Guantanamo prison (see January 18, 2002). By 1996, NSA wiretaps reveal that Prince Salman is funding Islamic militants using charity fronts (Between 1994 and July 1996).
  • History Commons adds important details: By 1994, if not earlier, the NSA is collecting electronic intercepts of conversations between Saudi Arabian royal family members. Journalist Seymour Hersh will later write, “according to an official with knowledge of their contents, the intercepts show that the Saudi government, working through Prince Salman [bin Abdul Aziz], contributed millions to charities that, in turn, relayed the money to fundamentalists. ‘We knew that Salman was supporting all of the causes,’ the official told me.” By July 1996 or soon after, US intelligence “had more than enough raw intelligence to conclude… bin Laden [was] receiving money from prominent Saudis.” [Hersh, 2004, pp. 324, 329-330] One such alleged charity front linked to Salman is the Saudi High Commission in Bosnia (see 1996 and After). Prince Salman has long been the governor of Riyadh province. At the time, he is considered to be about fourth in line to be king of Saudi Arabia. His son Prince Ahmed bin Salman will later be accused of having connections with al-Qaeda leader Abu Zubaida (see Early April 2002). [PBS, 10/4/2004] It appears this surveillance of Saudi royals will come to an end in early 2001 (see (February-March 2001)).
  • Author Roland Jacquard will later claim that in 1996, al-Qaeda revives its militant network in Bosnia in the wake of the Bosnian war and uses the Saudi High Commission (SHC) as its main charity front to do so. [Jacquard, 2002, pp. 69] This charity was founded in 1993 by Saudi Prince Salman bin Abdul-Aziz and is so closely linked to and funded by the Saudi government that a US judge will later render it immune to a 9/11-related lawsuit after concluding that it is an organ of the Saudi government. [New York Law Journal, 9/28/2005] In 1994, British aid worker Paul Goodall is killed in Bosnia execution-style by multiple shots to the back of the head. A SHC employee, Abdul Hadi al-Gahtani, is arrested for the murder and admits the gun used was his, but the Bosnian government lets him go without a trial. Al-Gahtani will later be killed fighting with al-Qaeda and the Taliban in Afghanistan. [Schindler, 2007, pp. 143-144; Schindler is a professor at the U.S. Army War College] In 1995, the Bosnian Ministry of Finance raids SHC’s offices and discovers documents that show SHC is “clearly a front for radical and terrorism-related activities.” [Burr and Collins, 2006, pp. 145]
  • In November 2002, Prince Salman patronized a fundraising gala for three Saudi charities under investigation by Washington: the International Islamic Relief Organization, al-Haramain Foundation, and the World Assembly of Muslim Youth. Since 9/11, all three organizations have had branches shuttered or sanctioned over allegations of financially supporting terrorism. That same month, Salman cited his experience on the boards of charitable societies, asserting that “it is not the responsibility of the kingdom” if others exploit Saudi donations for terrorism. *** The new king has also embraced Saudi cleric Saleh al-Maghamsi, an Islamic supremacist who declared in 2012 that Osama bin Laden had more “sanctity and honor in the eyes of Allah,” simply for being a Muslim, than “Jews, Christians, Zoroastrians, apostates, and atheists,” whom he described by nature as “infidels.” That didn’t put an end to Salman’s ties to Maghamsi, however. The new Saudi king recently served as head of the supervisory board for a Medina research center directed by Maghamsi. A year after Maghamsi’s offensive comments, Salman sponsored and attended a large cultural festival organized by the preacher. Maghamsi also advises two of Salman’s sons ….
  • A 1996 CIA report mentions, “We continue to have evidence that even high ranking members of the collecting or monitoring agencies in Saudi Arabia, Kuwait, and Pakistan – such as the Saudi High Commission – are involved in illicit activities, including support for terrorists” (see January 1996). Jacquard claims that most of the leadership of the SHC supports bin Laden. The SHC, while participating in some legitimate charitable functions, uses its cover to ship illicit goods, drugs, and weapons in and out of Bosnia. In May 1997, a French military report concludes: ”(T)he Saudi High Commission, under cover of humanitarian aid, is helping to foster the lasting Islamization of Bosnia by acting on the youth of the country. The successful conclusion of this plan would provide Islamic fundamentalism with a perfectly positioned platform in Europe and would provide cover for members of the bin Laden organization.” [Jacquard, 2002, pp. 69-71] However, the US will take no action until shortly after 9/11, when it will lead a raid on the SHC’s Bosnia offices. Incriminating documents will be found, including information on how to counterfeit US State Department ID badges, and handwritten notes about meetings with bin Laden. Evidence of a planned attack using crop duster planes is found as well. [Schindler, 2007, pp. 129, 284]
  • Paul Merrell on 05 Feb 15
     
    So the U.S. invades Afghanistan and Iraq instead of Saudi Arabia? 
Paul Merrell

New Evidence Links Ledezma, COPEI to Thwarted Coup | venezuelanalysis.com - 0 views

venezuelanalysis.com/11238

war & peace U.S.-foreign-policy Venezuela coup-attempts UK

shared by Paul Merrell on 27 Feb 15 - No Cached
  • Speaking on his television program "Con el Mazo Dando", National Assembly President Diosdado Cabello released new evidence on Wednesday regarding the thwarted "Blue Coup" attempt against the government of Nicolas Maduro on February 12.Coming in the wake of the arrest of Antonio Ledezma last Thursday on charges of sedition and conspiracy, these revelations could lend further support to allegations concerning both the Caracas Metropolitan Mayor's role in the coup as well as the advance knowledge and involvement of the opposition party COPEI.Ledezma Linked to Coup Plotters Via U.S. Phone NumberAccording to Cabello, Ledezma allegedly made three phone calls in December to a New York-based number belonging jointly to General Eduardo Báez Torrealba (alias "Máximo") and Carlos Manuel Osuna Saraco (alias "Guillermo"), the latter of whom is believed to be the "financier" of the coup plot.
  • In a two week period spanning from the 25th of December to the 10th of January, Lieutenant Henry Salazar Moncada, who has been arrested and formally charged for his role in the coup attempt, also made three separate phone calls to the same U.S. number."The evidence is notorious. The proof is extremely clear [...] It's a coup, and as President Nicolas Maduro said, there are very few opposition leaders who didn't know anything [about the coup]," announced the President of the National Assembly.Antonio Ledezma was one of three signatories of a public statement by leaders of the Venezuelan opposition calling for the ouster of President Nicolas Maduro as part of a "national transition", which was released just 24 hours prior to the coup attempt.The other signatories were multi-millionaire former legislator Maria Corina Machado, whose various NGOs have received millions in funding from the U.S. government, and Voluntad Popular leader Leopoldo Lopez, who currently awaits trial for his role in leading violent opposition protests last year that took the lives of 43 people.
  • Ledezma has also been linked to extreme right-wing opposition figures such as Lorent Gómez Saleh, who was extradited from Colombia and charged with allegedly conspiring with paramilitaries to launch terrorist attacks as part of a campaign of so-called "resistance" against the Venezuelan government.COPEI Leaders Discuss Links to Military Officials "Preparing How to Do the Transition"On his program on Wednesday night, Cabello also presented a recording of an alleged phone call between the first COPEI vice-president for Lara State Jose Cassany, and another top party official by the name of Antonio Sotillo in which the two christian democrats appear to discuss preparations for a coup.In a conversation recorded on January 3 of this year, Cassany informs Sotillo that he is friends with a businessman who has a relationship "with the civil and military worlds, active military [officials], including generals."He added that these military officials were "preparing how to do the transition," which is the name given by the opposition to their demand for the ouster of President Nicolas Maduro.
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  • In another alleged phone recording highlighted by the President of the National Assembly, the Caracas president of COPEI Antonio Ecarri and the secretary general Rogelio Diaz consider the option of a coup against President Nicolas Maduro.In a recording dated February 21, Ecarri asks Diaz if he received the message from national secretary general Herberto Diaz and then goes on to state that, "one cannot have a double posture in life, if you are going to abandon the electoral field, you are going to call openly for a coup and everything else, that's fine, that is a path [...] I say we must look for a different mechanism."Diaz agrees with Ecarri's affirmation that while a coup represents a legitimate "path", a "different mechanism" is needed, adding that otherwise, "we put everything on the table and they put us in jail.The conversation ends with the two leaders agreeing on the need to "promote street activity".
  • Nonetheless, since February 2014, opposition "street activity" has largely taken the form of violent protests, which resulted in the death of 43 people last year as well as millions of dollars in damages to public property.On Tuesday, Public Ministry officials discovered a weapons cache at COPEI headquarters in Las Palmas, Caracas. Among the weapons found were 52 homemade explosive devices resembling a type of grenade, 32 molotov cocktails, and four gas masks.Officials also discovered various pamphlets with messages expressing support for Metropolitan Mayor Antonio Ledezma in the wake of his arrest on charges of conspiracy and sedition.
  • In the same program on Wednesday, Diosdado Cabello also unveiled a recording of the alleged confession of First Lieutenant Luis Lugo Calderón, revealing further details regarding the thwarted coup effort earlier this month.During his interrogation, the Air Force Lieutenant confirmed the existence of a video intended to be the "preamble" to the coup, "calling on the superior officers to wake up, asking for the renunciation of the President of the Republic, and saying that the lower officers were against the government."Lugo further elaborated that the video was to be disseminated outside the country by the Miami-based journalist Patricia Poleo around the time of Carnival, when vast numbers of Venezuelans travel to the beach and other parts of the country.The officer also substantiated allegations that coup plotters intended to use a "Super Tucano" counter-insurgency aircraft to bomb numerous ground targets such as the Miraflores Palace, teleSur, and the Ministry of Defense.
  • Identifying himself as the intended pilot of the military aircraft, he added that among the targets were air force bases located in highly populated cities, including the La Carlota base in the wealthy Caracas neighborhood of Chacao as well as the the Sucre base in the city of Maracay in Aragua State.Furthermore, the Lieutenant indicated that he had been approached by an official from the British embassy with an offer of asylum in the event that the coup failed, though he did not give further details.
  • Paul Merrell on 27 Feb 15
     
    Isn't it odd how quiet Washington, D.C. has been about the arrests? In January, Obama signed legislation imposing economic sanctions on Venezuela because it had arrested "protestors" during the last coup attempt. Of course the protestors were members of the U.S. recruited "opposition" and had been arrested for some extremely violent behavior. Could it be that CIA realized that Venezuela has firm evidence of U.S. and U.K. involvement this time around?
Paul Merrell

Sept. 11 defense lawyers ask Army judge to disqualify Guantánamo war court ov... - 0 views

www.miamiherald.com/...article13793945.html

war & peace Gitmo-detainees trials disqualification litigation

shared by Paul Merrell on 13 Mar 15 - No Cached
  • Defense lawyers in the Sept. 11 death-penalty case are asking their military judge to disqualify a senior Pentagon official and his staff from the case over a since abandoned effort to make the judges live permanently at Guantánamo.The judge in Guantánamo’s other capital case, of the alleged USS Cole bombing mastermind, already disqualified retired Maj. Gen. Vaughn Ary and four legal advisors from that case earlier this month. No replacements have been named.
  • Now, attorneys for the alleged 9/11 plot mastermind Khalid Sheik Mohammed and his four accused accomplices are asking their judge, Army Col. James L. Pohl, to do the same thing in a nine-page legal motion filed Wednesday.
Paul Merrell

After Brit spies 'snoop' on families' lawyers, UK govt admits: We flouted human rights ... - 0 views

www.theregister.co.uk/...uk_spies_on_lawyers

surveillance state GCHQ MI5 lawyer-client-communications

shared by Paul Merrell on 15 Mar 15 - No Cached
  • The British government has admitted that its practice of spying on confidential communications between lawyers and their clients was a breach of the European Convention on Human Rights (ECHR). Details of the controversial snooping emerged in November: lawyers suing Blighty over its rendition of two Libyan families to be tortured by the late and unlamented Gaddafi regime claimed Her Majesty's own lawyers seemed to have access to the defense team's emails. The families' briefs asked for a probe by the secretive Investigatory Powers Tribunal (IPT), a move that led to Wednesday's admission. "The concession the government has made today relates to the agencies' policies and procedures governing the handling of legally privileged communications and whether they are compatible with the ECHR," a government spokesman said in a statement to the media, via the Press Association. "In view of recent IPT judgments, we acknowledge that the policies applied since 2010 have not fully met the requirements of the ECHR, specifically Article 8. This includes a requirement that safeguards are made sufficiently public."
  • The guidelines revealed by the investigation showed that MI5 – which handles the UK's domestic security – had free reign to spy on highly private and sensitive lawyer-client conversations between April 2011 and January 2014. MI6, which handles foreign intelligence, had no rules on the matter either until 2011, and even those were considered void if "extremists" were involved. Britain's answer to the NSA, GCHQ, had rules against such spying, but they too were relaxed in 2011. "By allowing the intelligence agencies free rein to spy on communications between lawyers and their clients, the Government has endangered the fundamental British right to a fair trial," said Cori Crider, a director at the non-profit Reprieve and one of the lawyers for the Libyan families. "For too long, the security services have been allowed to snoop on those bringing cases against them when they speak to their lawyers. In doing so, they have violated a right that is centuries old in British common law. Today they have finally admitted they have been acting unlawfully for years."
  • Crider said it now seemed probable that UK snoopers had been listening in on the communications over the Libyan case. The British government hasn't admitted guilt, but it has at least acknowledged that it was doing something wrong – sort of. "It does not mean that there was any deliberate wrongdoing on the part of the security and intelligence agencies, which have always taken their obligation to protect legally privileged material extremely seriously," the government spokesman said. "Nor does it mean that any of the agencies' activities have prejudiced or in any way resulted in an abuse of process in any civil or criminal proceedings. The agencies will now work with the independent Interception of Communications Commissioner to ensure their policies satisfy all of the UK's human rights obligations." So that's all right, then.
  • Paul Merrell on 15 Mar 15
     
    If you follow the "November" link you'[l learn that yes, indeed, the UK government lawyers were happily getting the content of their adversaries privileged attorney-client communications. Conspicuously, the promises of reform make no mention of what is surely a disbarment offense in the U.S. I doubt that it's different in the UK. Discovery rules of procedure strictly limit how parties may obtain information from the other side. Wiretapping the other side's lawyers is not a permitted from of discovery. Hopefully, at least the government lawyers in the case in which the misbehavior was discovered have been referred for disciplinary action.  
Paul Merrell

Assange files case to dismiss Swedish warrant - Justice for Assange - 0 views

justice4assange.com/ling-to-remove-warrant-24.html

surveillance state war & peace Assange litigation Sweden

shared by Paul Merrell on 29 Jun 14 - No Cached
  • On Tuesday 24th of June at 1pm CET, Julian Assange’s lawyers filed a request to Stockholm District Court to dismiss his detention without charge, which has kept him in different forms of deprivation of liberty since 7 December 2010 (3.5 years). The legal actions will lead to the first custody hearing since his arrest. The Julian Assange case is Sweden’s longest running pre-trial, pre-charge deprivation of liberty (the matter is formally at the ’preliminary investigation’ stage). Julian Assange is in a legal no-man’s-land: he has not been indicted so he cannot formally defend himself. The Swedish government refuses to guarantee he will not be extradited to the United States. The Swedish prosecutor, unlike in other cases, refuses to question him in London or via video link, instead demanding that Mr. Assange give up his right to political asylum and speak to her in Sweden. The UK has encricled Mr. Assange at a cost to date of over GBP 6.6 million/USD 11 million/SEK 75.000.000 (see: http://govwaste.co.uk). Assange obtained political asylum in relation to the United States criminal investigation against WikiLeaks in 2012. The United Kingdom and Sweden have both refused to give a guarantee that Julian Assange will not be extradited to the United States for his WikiLeaks activities. Earlier this week, 59 international organizations submitted complaints about the investigation against Julian Assange to the United Nations Human Rights Commission.
Paul Merrell

Britain faces exposure over links to CIA secret torture sites | World news | The Observer - 0 views

www.theguardian.com/...r-links-to-cia-torture-flights

war & peace CIA torture rendition UK Poland Diego-Garcia

shared by Paul Merrell on 05 Aug 14 - No Cached
  • US Senate report may confirm that Diego Garcia was used for extraordinary rendition after 9/11
  • The government stands accused of seeking to conceal Britain's role in extraordinary rendition, ahead of the release of a declassified intelligence report that exposes the use of torture at US secret prisons around the world.
  • Now, in a letter to the human rights group Reprieve, former foreign secretary William Hague has confirmed that the UK government has held discussions with the US about what it intends to reveal in the report which, according to al-Jazeera, acknowledges that the British territory of Diego Garcia was used for extraordinary rendition."We have made representations to seek assurances that ordinary procedures for clearance of UK material will be followed in the event that UK material provide[d] to the Senate committee were to be disclosed," Hague wrote.Cori Crider, a director at Reprieve, accused the UK government of seeking to redact embarrassing information: "This shows that the UK government is attempting to censor the US Senate's torture report. In plain English, it is a request to the US to keep Britain's role in rendition out of the public domain."
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  • Lawyers representing a number of terrorist suspects held at Guantánamo Bay believe their clients were rendered via Diego Garcia. Papers found in Libya indicated that the US planned to transport Abdul-Hakim Belhaj, an opponent of Muammar Gaddafi, and his wife via the territory, an atoll in the Indian Ocean leased by Britain to the US. The government has denied Belhaj was rendered via Diego Garcia, but there are suspicions that others were held on the atoll.Crider said the UK's attempts to lobby the US into redacting parts of the report "turns the government's defence in the Libyan renditions case of Abdul-Hakim Belhaj and his wife entirely on its head".The government has consistently sought to block Belhaj from bringing a case against it.
  • "The government protested America would be angered if this kidnap case ever went to trial – and now we learn the British government is leaning on the Americans not to air Britain's dirty laundry. It exposes their litigation stance as mere posturing," she added.Confirmation that a British territory was involved in extraordinary rendition could leave the government vulnerable to legal action. Last month the European court of human rights ruled that the Polish government actively assisted the CIA's European "black site" programme, which saw detainees interrogated in secret prisons across the continent.The court concluded it was "established beyond reasonable doubt" that Abu Zubaydah, a Guantánamo detainee the US mistakenly believed to be a senior member of al-Qaida, was flown from a secret site in Thailand to another CIA prison in Stare Kiejkuty in northern Poland.The judges concluded that not only was Poland "informed of and involved in the preparation and execution of the [High Value Detainee] Programme on its territory", but also "for all practical purposes, facilitated the whole process, created the conditions for it to happen and made no attempt to prevent it", prompting lawyers to ask what else it has been used for since.
Paul Merrell

Congress Is Irrelevant on Mass Surveillance. Here's What Matters Instead. - The Intercept - 0 views

firstlook.org/...topping-nsas-mass-surveillance

surveillance state nsa-reform

shared by Paul Merrell on 20 Nov 14 - No Cached
  • The “USA Freedom Act”—the proponents of which were heralding as “NSA reform” despite its suffocatingly narrow scope—died in the august U.S. Senate last night when it attracted only 58 of the 60 votes needed to close debate and move on to an up-or-down vote. All Democratic and independent senators except one (Bill Nelson of Florida) voted in favor of the bill, as did three tea-party GOP Senators (Ted Cruz, Mike Lee, and Dean Heller). One GOP Senator, Rand Paul, voted against it on the ground that it did not go nearly far enough in reining in the NSA. On Monday, the White House had issued a statement “strongly supporting” the bill. The “debate” among the Senators that preceded the vote was darkly funny and deeply boring, in equal measure. The black humor was due to the way one GOP senator after the next—led by ranking intelligence committee member Saxby Chambliss of Georgia (pictured above)—stood up and literally screeched about 9/11 and ISIS over and over and over, and then sat down as though they had made a point.
  • So the pro-NSA Republican senators were actually arguing that if the NSA were no longer allowed to bulk-collect the communication records of Americans inside the U.S., then ISIS would kill you and your kids. But because they were speaking in an empty chamber and only to their warped and insulated D.C. circles and sycophantic aides, there was nobody there to cackle contemptuously or tell them how self-evidently moronic it all was. So they kept their Serious Faces on like they were doing The Nation’s Serious Business, even though what was coming out of their mouths sounded like the demented ramblings of a paranoid End is Nigh cult. The boredom of this spectacle was simply due to the fact that this has been seen so many times before—in fact, every time in the post-9/11 era that the U.S. Congress pretends publicly to debate some kind of foreign policy or civil liberties bill. Just enough members stand up to scream “9/11″ and “terrorism” over and over until the bill vesting new powers is passed or the bill protecting civil liberties is defeated.
  • Eight years ago, when this tawdry ritual was still a bit surprising to me, I live-blogged the 2006 debate over passage of the Military Commissions Act, which, with bipartisan support, literally abolished habeas corpus rights established by the Magna Carta by sanctioning detention without charges or trial. (My favorite episode there was when GOP Sen. Arlen Specter warned that “what the bill seeks to do is set back basic rights by some nine hundred years,” and then voted in favor of its enactment.) In my state of naive disbelief, as one senator after the next thundered about the “message we are sending” to “the terrorists,” I wrote: “The quality of the ‘debate’ on the Senate floor is so shockingly (though appropriately) low and devoid of substance that it is hard to watch.” So watching last night’s Senate debate was like watching a repeat of some hideously shallow TV show. The only new aspect was that the aging Al Qaeda villain has been rather ruthlessly replaced by the show’s producers with the younger, sleeker ISIS model. Showing no gratitude at all for the years of value it provided these senators, they ignored the veteran terror group almost completely in favor of its new replacement. And they proceeded to save a domestic surveillance program clearly unpopular among those they pretend to represent.
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  • Ever since the Snowden reporting began and public opinion (in both the U.S. and globally) began radically changing, the White House’s strategy has been obvious. It’s vintage Obama: Enact something that is called “reform”—so that he can give a pretty speech telling the world that he heard and responded to their concerns—but that in actuality changes almost nothing, thus strengthening the very system he can pretend he “changed.” That’s the same tactic as Silicon Valley, which also supported this bill: Be able to point to something called “reform” so they can trick hundreds of millions of current and future users around the world into believing that their communications are now safe if they use Facebook, Google, Skype and the rest. In pretty much every interview I’ve done over the last year, I’ve been asked why there haven’t been significant changes from all the disclosures. I vehemently disagree with the premise of the question, which equates “U.S. legislative changes” with “meaningful changes.” But it has been clear from the start that U.S. legislation is not going to impose meaningful limitations on the NSA’s powers of mass surveillance, at least not fundamentally. Those limitations are going to come from—are now coming from —very different places:
  • All of that illustrates what is, to me, the most important point from all of this: the last place one should look to impose limits on the powers of the U.S. government is . . . the U.S. government. Governments don’t walk around trying to figure out how to limit their own power, and that’s particularly true of empires. The entire system in D.C. is designed at its core to prevent real reform. This Congress is not going to enact anything resembling fundamental limits on the NSA’s powers of mass surveillance. Even if it somehow did, this White House would never sign it. Even if all that miraculously happened, the fact that the U.S. intelligence community and National Security State operates with no limits and no oversight means they’d easily co-opt the entire reform process. That’s what happened after the eavesdropping scandals of the mid-1970s led to the establishment of congressional intelligence committees and a special FISA “oversight” court—the committees were instantly captured by putting in charge supreme servants of the intelligence community like Senators Dianne Feinstein and Chambliss, and Congressmen Mike Rogers and “Dutch” Ruppersberger, while the court quickly became a rubber stamp with subservient judges who operate in total secrecy.
  • There is a real question about whether the defeat of this bill is good, bad, or irrelevant. To begin with, it sought to change only one small sliver of NSA mass surveillance (domestic bulk collection of phone records under section 215 of the Patriot Act) while leaving completely unchanged the primary means of NSA mass surveillance, which takes place under section 702 of the FISA Amendments Act, based on the lovely and quintessentially American theory that all that matters are the privacy rights of Americans (and not the 95 percent of the planet called “non-Americans”). There were some mildly positive provisions in the USA Freedom Act: the placement of “public advocates” at the FISA court to contest the claims of the government; the prohibition on the NSA holding Americans’ phone records, requiring instead that they obtain FISA court approval before seeking specific records from the telecoms (which already hold those records for at least 18 months); and reducing the agency’s “contact chaining” analysis from three hops to two. One could reasonably argue (as the ACLU and EFF did) that, though woefully inadequate, the bill was a net-positive as a first step toward real reform, but one could also reasonably argue, as Marcy Wheeler has with characteristic insight, that the bill is so larded with ambiguities and fundamental inadequacies that it would forestall better options and advocates for real reform should thus root for its defeat.
  • 1) Individuals refusing to use internet services that compromise their privacy.
  • 2) Other countries taking action against U.S. hegemony over the internet.
  • 4) Greater individual demand for, and use of, encryption.
  • 3) U.S. court proceedings.
  • The “USA Freedom Act”—which its proponents were heralding as “NSA reform” despite its suffocatingly narrow scope—died in the august U.S. Senate last night when it attracted only 58 of the 60 votes needed to close debate and move on to an up-or-down vote. All Democratic and independent senators except one (Bill Nelson of Florida) voted in favor of the bill, as did three tea-party GOP Senators (Ted Cruz, Mike Lee, and Dean Heller). One GOP Senator, Rand Paul, voted against it on the ground that it did not go nearly far enough in reining in the NSA. On Monday, the White House had issued a statement “strongly supporting” the bill.
  • Paul Merrell on 20 Nov 14
     
    Glenn Greenwald on why the death of the USA Freedom Act is actually a Very Good Thing. I couldn't agree more.
Paul Merrell

ISIL, Turkey: The Dream of Restoring the Glories of Sublime Ottoman State , by Israa Al... - 0 views

www.voltairenet.org/article185381.html

war & peace ISIL Turkey Erdogan

shared by Paul Merrell on 17 Nov 14 - No Cached
  • The ISIL’s funding father is Erdogan’s personal friend The name of the Saudi businessman Yassin al-Qadi has been linked to organizations classified as terrorist internationally. In particular, the foreign press and the Turkish opposition media describe him as “al-Qaeda’s funding father”. After the events of September 11/2001, al-Qadi- along with other figures- has been included in the world’s list of terrorists, and his name was stereotyped as a terrorist man. This made several countries ban him from entering into their territories, Turkey was one of them. Earlier, the Turkish media documented a photo scandal: Erdogan’s meetings with Yassin al-Qadi as well as long meetings with his son Bilal Recep Tayyip Erdogan. The scandal that was leaked by Turkish security elements came in the context of the case of corruption of which the son of the former Turkish Prime Minister has been accused. Based upon this, a large number of elements of the security corps were arrested being accused of plotting a coup against the government.
  • Nevertheless, the French journalist Thierry Meyssan describes Yassin al-Qadi as a personal friend of both Dick Cheney (former U.S. Vice President) and Recep Tayyip Erdogan. According to him, al-Qadi visited Turkey four times during 2012, and “his plane used to land at the second airport of Istanbul, and was being welcomed by the Prime Minister personally, without going through the smart gate, and after cutting the security cameras’ power supply”. The Turkish Gmehoriet Newspaper intended to publish details about the investigations conducted by the Turkish judiciary on the same case, and mentioned that Recep Tayyip Erdogan introduced Yassine al-Qadi as a Saudi businessman visiting Turkey to invest and denied that he is a terrorist. It quoted him as saying: “I trust Mr. Al-Qadi just as I trust myself. He is an almsgiver”.
  • The Turkish newspaper, after publishing Erdogan’s utterances before the Turkish judiciary, revealed that the Turkish police monitored 12 visits made by the Saudi man to Turkey. Seven out of these visits have been made with the help of Erdogan, the period when he was banned from entering Turkey, because his name was added as one of the world wanted terrorists in the list of the American FBI. The newspaper commented saying: “When the Turkish police was looking for al-Qadi, he was holding meetings with the Prime Minister”. Also, it published a photograph that showed separately the aforesaid man, Erdogan, and the Turkish intelligence chief Hakan Fidan, when they were going to a meeting that gathered them. The newspaper noted that Fidan himself met with al-Qadi 5 times when Al-Qadi has been banned from entering the Turkish territory.
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  • Yet, the interesting thing is the leaked recordings published by the newspaper that disclose that Yassin al-Qadi used to give orders to the Erdogan’s office. He used to call to inform them that he had decided today to meet with Erdogan, and that the latter should not engage in any other obligations. The newspaper reported details about the dates of the meetings between the two men, what implies that the meetings were being attended by Fidan and by the Egyptian businessman Osama Qutob; the son of Muhammad Qutob the brother of the Brotherhood leader Sayyid Qutob who holds the Turkish citizenship and is living with his father in Turkey at present. This also mean that the meetings were taking place sometimes at the home of the Turkish businessman Mustafa Latif Topas in Istanbul, attended by Erdogan’s son and Moaz the son of al-Qadi. The recordings verify that Qutob was in charge of delivering the messages from the insurgents in the battlefield in Syria to Erdogan, what signifies that the meetings of these figures exceeded the issues of investment, and perhaps they exploited the title of a charity practice!
  • Those returning from Turkey refer to the public sympathy in the pro-government Turkish street with the ISIL. Social networking websites publish photos of Islamic libraries in Istanbul selling “T-shirts” and goods with the ISIL logo on them. Perhaps this news is no longer shocking after what the German (ARD) Television has revealed regarding the opening of an office for the ISIL in al-Fateh Street in Istanbul, being ran by Turks. Through it, the process of supporting and supplying the Takfiri organization in Iraq and Syria with funds and fighters takes place.
  • The German channel itself revealed in a video report aired by it that the ISIL has training camps on the Turkish territory: 1- The GAZIANTEP Camp: a training camp for the ISIL fighters According to the report published by the website of “Today’s Zaman”, an English-language newspaper in Turkey, the Governor of the Gaziantep (Erdal Ata) rushed to hold a press conference to deny what has been revealed by the German television. However, he spoke about the arrest of 19 elements that belong to the ISIL in the city, among those who came from European countries before committing them to trial.
  • Additionally, the Lebanese journalist Hassan Hamade, in an earlier interview with Al-Manar, drew attention to the existence of three training camps in Turkey for the fighters of extremist organizations [3]. 2- The ORFA Camp, southeastern Turkey: a camp out of which the gunmen came when they attacked the Kasab city that its residents are predominantly Armenian.
  • 3- The OSMANIYA camp in Adana, southern Turkey: It is directly near the major bases of the U.S. Air Force in the Turkish territory. Yet, what is interesting is that the Osmaniya camp is a stone’s throw away from the gas pipelines points of intersection coming from Iraq and Central Asia that empty the freight in the Turkish port of Ceyhan on the Mediterranean Sea. 4- The KARMAN camp, it is also in Adana but is much closer to Istanbul. Moreover, a document published by the French journalist Thierry Meyssan, earlier, revealed that Turkey facilitated the infiltration of 5,000 fighters, who belong to al-Qaeda, to the Syrian territory after receiving training in Libya.
  • Perhaps the report of the American TV Network clarifies the argument of the Turkish journalist Orhan Kama Genghis: “The strongholds of the ISIL are located close to the Turkish border, and this did not happen coincidentally”. The Turkish journalist Kadri Gursel talks about the fact that the Turkish border territories have turned into an easy pathway facilitating the arrival and departure of the militants, where there are no formal procedures (visas, etc…) that could bother them, referring to the cooperation of the Turkish intelligence agency with the militants. Above and beyond, the Turkish opposition Republican People’s Party MP Muharram Ingee said that the ISIL leader “Mazen Abu Mohammed” received treatment in one of the Turkish government hospitals in the city of Hatay on April 2014, publishing a photo of the terrorist man in the hospital.
  • Reviewing these data provide an early answer to the question of the Saudi writer, Nawaf Qadimi, who is known for his support for the Muslim Brotherhood, where the phenomenon of the ISIL leads us to evoke history. The Seljuks drew the policies to expand their influence and their tools were the advocates of takfir and the recruiting of fighters in the name of religion. Here is Erdogan in actual fact walking in the footsteps of the ancestors and painting policies, and the tools are the texts of takfir for which he is recruiting fighters in the name of religion itself! That is how history is enabling us to understand our present...
Paul Merrell

The $9 Billion Witness: Meet JPMorgan Chase's Worst Nightmare | Rolling Stone - 0 views

www.rollingstone.com/...the-9-billion-witness-20141106

banksters fraud JPMorgan whistleblowers

shared by Paul Merrell on 10 Nov 14 - No Cached
  • Meet the woman JPMorgan Chase paid one of the largest fines in American history to keep from talking By Matt Taibbi | November 6, 2014
  • tried to stay quiet, she really did. But after eight years of keeping a heavy secret, the day came when Alayne Fleischmann couldn't take it anymore.  "It was like watching an old lady get mugged on the street," she says. "I thought, 'I can't sit by any longer.'"  Fleischmann is a tall, thin, quick-witted securities lawyer in her late thirties, with long blond hair, pale-blue eyes and an infectious sense of humor that has survived some very tough times. She's had to struggle to find work despite some striking skills and qualifications, a common symptom of a not-so-common condition called being a whistle-blower.
  • Fleischmann is the central witness in one of the biggest cases of white-collar crime in American history, possessing secrets that JPMorgan Chase CEO Jamie Dimon late last year paid $9 billion (not $13 billion as regularly reported – more on that later) to keep the public from hearing. Back in 2006, as a deal manager at the gigantic bank, Fleischmann first witnessed, then tried to stop, what she describes as "massive criminal securities fraud" in the bank's mortgage operations. Thanks to a confidentiality agreement, she's kept her mouth shut since then. "My closest family and friends don't know what I've been living with," she says. "Even my brother will only find out for the first time when he sees this interview." 
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  • This past year she watched as Holder's Justice Department struck a series of historic settlement deals with Chase, Citigroup and Bank of America. The root bargain in these deals was cash for secrecy. The banks paid big fines, without trials or even judges – only secret negotiations that typically ended with the public shown nothing but vague, quasi-official papers called "statements of facts," which were conveniently devoid of anything like actual facts. 
  • Six years after the crisis that cratered the global economy, it's not exactly news that the country's biggest banks stole on a grand scale. That's why the more important part of Fleischmann's story is in the pains Chase and the Justice Department took to silence her. She was blocked at every turn: by asleep-on-the-job regulators like the Securities and Exchange Commission, by a court system that allowed Chase to use its billions to bury her evidence, and, finally, by officials like outgoing Attorney General Eric Holder, the chief architect of the crazily elaborate government policy of surrender, secrecy and cover-up. "Every time I had a chance to talk, something always got in the way," Fleischmann says.
  • And now, with Holder about to leave office and his Justice Department reportedly wrapping up its final settlements, the state is effectively putting the finishing touches on what will amount to a sweeping, industrywide effort to bury the facts of a whole generation of Wall Street corruption. "I could be sued into bankruptcy," she says. "I could lose my license to practice law. I could lose everything. But if we don't start speaking up, then this really is all we're going to get: the biggest financial cover-up in history." 
  • Paul Merrell on 10 Nov 14
     
    Matt Taibbi is back at Rolling Stone, relaunching with a major blockbuster.
Paul Merrell

ICC receives report debunking Israel's "self-defense" claims for Gaza attack | The Elec... - 0 views

electronicintifada.net/...elf-defense-claims-gaza-attack

war & peace Israel Gaza Palestine ICC NLG-report

shared by Paul Merrell on 13 Feb 15 - No Cached
  • The National Lawyers Guild (NLG) has submitted a report to the International Criminal Court (ICC) prosecutor debunking Israeli claims that last summer’s attack on Gaza was an act of “self-defense.” Since the court began a preliminary examination into the events in the occupied West Bank and Gaza Strip beginning from 13 June 2014, Israel has attempted to ward off a full investigation by claiming that its 51-day assault on Gaza was an act of defense. NLG, a US human and civil rights organization, also sent its report to US President Barack Obama and Secretary of State John Kerry, who have suggested Israel’s right to defend itself justified the air bombardment and ground assault that left more than 2,200 people, the vast majority civilians, dead.
  • n their cover letter to the ICC and the White House, NLG notes that numerous respected sources have alleged war crimes, including Amnesty International, Human Rights Watch, the United Nations Human Rights Council and the United Nations High Commissioner for Human Rights.  “The central message that Israeli forces were protecting Israeli citizens from Hamas rockets was so ubiquitous in the Western media as to eclipse war crimes allegations,” said report author and Vermont attorney James Marc Leas. “But the facts and law do not support the self-defense claims.”
Paul Merrell

Details Of Assassination Plot On Occupy Movement Leaders Withheld From Public At FBI's ... - 0 views

www.mintpressnews.com/...202064

surveillance state Occupy-Houston FOIA litigation assassination-plot FBI

shared by Paul Merrell on 14 Feb 15 - No Cached
  • The FBI was right to withhold records about an alleged murder plot targeting the leaders of Occupy Houston, to protect its informants, a federal judge ruled. Plaintiff Ryan Noah Shapiro is a doctoral student at the Massachusetts Institute of Technology. His research includes “the policing of dissent … especially in the name of national security” and “examining FBI and other intelligence agency efforts to preserve domestic surveillance capabilities while simultaneously subverting the Freedom of Information Act,” according to his MIT profile. Shapiro sent the FBI three Freedom of Information Act requests in early 2013, asking for records about “a potential plan to gather intelligence against the leaders of [Occupy Wall Street-related protests in Houston] and obtain photographs, then formulate a plan to kill the leadership [of the protests] via suppressed sniper rifles.” Shapiro told Courthouse News he learned of the alleged plot from FBI documents obtained by investigative reporter Jason Leopold.
  • The FBI had refused to give Shapiro any documents until he filed an April 2013 federal complaint in Washington, D.C., after which the agency gave him 17 pages. U.S. District Judge Rosemary Collyer found last year that the FBI had properly withheld some records, but took issue with its use of Exemption 7 under the FOIA, which protects from disclosure “records or information compiled for law enforcement purposes.” Collyer dismissed the lawsuit this week after reviewing the documents in her chambers. Shapiro challenged the FBI’s withholding of the names of its murder plot sources, claiming there is no privacy expectation for people who could be called to testify as trial witnesses. But Collyer found Monday that the FBI correctly invoked FOIA exemption 7(c), which shields law enforcement records from disclosure if they could constitute an invasion of personal privacy. The judge also agreed with the FBI that exemption 7(d) applied to the case. It allows records to be withheld if they “could reasonably be expected to disclose the identity of a confidential source.”
  • Citing a declaration from FBI agent David Hardy that said the confidential sources are “individuals who are members of organized violent groups,” Collyer said the likelihood of retaliation justified keeping the sources’ identities under wraps. Shapiro vowed to keep fighting for the records. “I’m of course disappointed in, and disagree with, the judge’s ruling. I’m now conferring with my attorney to determine next steps,” Shapiro said in an email. He said he is concerned that the FBI collected dossiers on Occupy protestors while publicly denying it. “The FBI even flatly asserted in a separate FOIA lawsuit of mine that, ‘(T)he FBI determined that it had never opened an investigation on the Occupy movement,'” Shapiro wrote. “Yet, in the course of my FOIA lawsuit against the FBI for records about the sniper plot against Occupy Houston, the FBI contradicted its own position.” Shapiro said that with recently released FBI documents about Occupy Chicago, “We are coming ever closer to finally forcing the FBI to concede it actually possesses a large volume of documents about this FBI-coordinated nationwide investigation of political protesters as supposed terroristic threats to national security.”
Paul Merrell

Court upholds NSA snooping | TheHill - 0 views

thehill.com/...385-court-upholds-nsa-snooping

surveillance state NSA litigation Jewel

shared by Paul Merrell on 12 Feb 15 - No Cached
  • A district court in California has issued a ruling in favor of the National Security Agency in a long-running case over the spy agency’s collection of Internet records.The challenge against the controversial Upstream program was tossed out because additional defense from the government would have required “impermissible disclosure of state secret information,” Judge Jeffrey White wrote in his decision.ADVERTISEMENTUnder the program — details of which were revealed through leaks from Edward Snowden and others — the NSA taps into the fiber cables that make up the backbone of the Internet and gathers information about people's online and phone communications. The agency then filters out communications of U.S. citizens, whose data is protected with legal defenses not extended to foreigners, and searches for “selectors” tied to a terrorist or other target.In 2008, the Electronic Frontier Foundation (EFF) sued the government over the program on behalf of five AT&T customers, who said that the collection violated the constitutional protections to privacy and free speech.
  • But “substantial details” about the program still remain classified, White, an appointee under former President George W. Bush, wrote in his decision. Moving forward with the merits of a trial would risk “exceptionally grave damage to national security,” he added. <A HREF="http://ws-na.amazon-adsystem.com/widgets/q?rt=tf_mfw&ServiceVersion=20070822&MarketPlace=US&ID=V20070822%2FUS%2Fthehill07-20%2F8001%2Fdffbe72d-f425-4b83-b07e-357ae9d405f6&Operation=NoScript">Amazon.com Widgets</A> The government has been “persuasive” in using its state secrets privilege, he continued, which allows it to withhold evidence from a case that could severely jeopardize national security.   In addition to saying that the program appeared constitutional, the judge also found that the AT&T customers did not even have the standing to sue the NSA over its data gathering.While they may be AT&T customers, White wrote that the evidence presented to the court was “insufficient to establish that the Upstream collection process operates in the manner” that they say it does, which makes it impossible to tell if their information was indeed collected in the NSA program.  The decision is a stinging rebuke to critics of the NSA, who have seen public interest in their cause slowly fade in the months since Snowden’s revelations.
  • The EFF on Tuesday evening said that it was considering next steps and noted that the court focused on just one program, not the totality of the NSA’s controversial operations.“It would be a travesty of justice if our clients are denied their day in court over the ‘secrecy’ of a program that has been front-page news for nearly a decade,” the group said in a statement.“We will continue to fight to end NSA mass surveillance.”The name of the case is Jewel v. NSA. 
  • Paul Merrell on 12 Feb 15
     
    The article should have mentioned that the decision was on cross-motions for *partial* summary judgment. The Jewel case will proceed on other plaintiff claims. 
Paul Merrell

When Snowden Speaks, Future Lawyers (and Judges) Listen - Slashdot - 0 views

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surveillance state Snowden Harvard Lessig natural-law Espionage-Act

shared by Paul Merrell on 26 Oct 14 - No Cached
  • We are witness to a historic first: an individual charged with espionage and actively sought by the United States government has been (virtually) invited to speak at Harvard Law School, with applause. [Note: all of the following links go to different parts of a long YouTube video.] HLS Professor Lawrence Lessig conducted the hour-long interview last Monday with a list of questions by himself and his students. Some interesting segments from the interview include: Snowden's assertion that mass domestic intercept is an "unreasonable seizure" under the 4th Amendment; that it also violates "natural rights" that cannot be voted away even by the majority; a claim that broad surveillance detracts from the ability to monitor specific targets such as the Boston Marathon bombers; him calling out Congress for not holding Clapper accountable for misstatements; and his lament that contractors are exempt from whistleblower protection though they do swear an oath to defend the Constitution from enemies both foreign and domestic.
  • These points have been brought up before. But what may be most interesting to these students is Snowden's suggestion that a defendant under the Espionage Act should be permitted to present an argument before a jury that the act was committed "in the public interest." Could this help ensure a fair trial for whistleblowers whose testimony reveals Constitutional violation?
Paul Merrell

Goldberg Sees Crisis in US-Israel Ties, Blames Bibi « LobeLog - 0 views

www.lobelog.com/-in-us-israel-ties-blames-bibi

U.S.-foreign-policy Mideast Israel-divorce

shared by Paul Merrell on 30 Oct 14 - No Cached
  • While everyone ritually insists that the bonds between Israel and the United States are “unbreakable,” yesterday’s analysis by Jeffrey Goldberg, “The Crisis in U.S.-Israel Relations Is Officially Here,” argues that they’re currently under unprecedented strain and that the fault lies mainly with Prime Minister Bibi Netanyahu. The analysis argues further that, post-November, the Obama administration may no longer be inclined to protect Israel (at least to the same pathetic extent) at the UN Security Council and may even be willing to go a step further by presenting “a public full lay-down of the administration’s vision for a two-state solution, including maps delineating Israel’s borders. These borders, to Netanyahu’s horror, would based on 1967 lines, with significant West Bank settlement blocs attached to Israel in exchange for swapped land elsewhere. Such a lay-down would make explicit to Israel what the U.S. expects of it.” I’m not a big fan of Goldberg, but this analysis is definitely worth a read if for no other reason than his voice is a very important one in the US Jewish community, including among the right-wing leadership of its major national organizations. And he essentially gives over most of the article—in a way that suggests he shares their views—to anonymous administration officials who have clearly grown entirely contemptuous of the Israeli leader, calling him, among other names, “chickenshit.” Goldberg himself describes the Netanyahu government’s policy toward Palestinians as being “disconnected from reality” and stresses what he calls the “unease felt by mainstream American Jewish leaders about recent Israeli government behavior.” It seems that his chief envoy and confidante here, Ron Dermer, is not doing a good job.
  • Of particular interest to readers of this blog, however, are Goldberg’s observations about how the administration views Bibi’s bluster about Iran: The official said the Obama administration no longer believes that Netanyahu would launch a preemptive strike on Iran’s nuclear facilities in order to keep the regime in Tehran from building an atomic arsenal. “It’s too late for him to do anything. Two, three years ago, this was a possibility. But ultimately he couldn’t bring himself to pull the trigger. It was a combination of our pressure and his own unwillingness to do anything dramatic. Now it’s too late.” This assessment represents a momentous shift in the way the Obama administration sees Netanyahu. In 2010, and again in 2012, administration officials were convinced that Netanyahu and his then-defense minister, the cowboyish ex-commando Ehud Barak, were readying a strike on Iran. To be sure, the Obama administration used the threat of an Israeli strike in a calculated way to convince its allies (and some of its adversaries) to line up behind what turned out to be an effective sanctions regime. But the fear inside the White House of a preemptive attack (or preventative attack, to put it more accurately) was real and palpable—as was the fear of dissenters inside Netanyahu’s Cabinet, and at Israel Defense Forces headquarters. At U.S. Central Command headquarters in Tampa, analysts kept careful track of weather patterns and of the waxing and waning moon over Iran, trying to predict the exact night of the coming Israeli attack.
  • Today, there are few such fears. “The feeling now is that Bibi’s bluffing,” this second official said. “He’s not Begin at Osirak,” the official added, referring to the successful 1981 Israeli Air Force raid ordered by the ex-prime minister on Iraq’s nuclear reactor. The belief that Netanyahu’s threat to strike is now an empty one has given U.S. officials room to breathe in their ongoing negotiations with Iran. This is a significant passage. It suggests that the administration has decided to essentially ignore Netanyahu and his threats to take unilateral action, including when they are conveyed by members of Congress close to the Israel lobby. It also suggests strongly that the administration will not back up Israel if it should indeed undertake a strike of its own in hopes that Washington would be dragged into to finishing the job.
  • ...3 more annotations...
  • Goldberg’s analysis about the state of the relationship is, in some ways, mirrored by Bret Stephens’s weekly “Global View” column in Tuesday’s Wall Street Journal, “Bibi and Barack on the Rocks,” although he, entirely predictably given his pro-settler worldview, sees Bibi as the wronged party. And, unlike Goldberg, he doesn’t see the US as the more powerful. Noting how Defense Minister Moshe Yaalon was snubbed by senior administration officials with whom he requested to meet, Stephens, a former editor of the Jerusalem Post, writes: The administration also seems to have forgotten that two can play the game. Two days after the Yaalon snub, the Israeli government announced the construction of 1,000 new housing units in so-called East Jerusalem, including 600 new units in the Ramat Shlomo neighborhood that was the subject of a 2010 row with Joe Biden. Happy now, Mr. Vice President? Stephens calls for a “trial separation” by the two countries in which Israel will give up its $3 billion dollar/year US aid package to free itself from US interference
  • The administration likes to make much of the $3 billion a year it provides Israel (or, at least, U.S. defense contractors) in military aid, but that’s now less than 1% of Israeli GDP. Like some boorish husband of yore fond of boasting that he brings home the bacon, the administration thinks it’s the senior partner in the marriage. Except this wife can now pay her own bills. And she never ate bacon to begin with. It’s time for some time away. Israel needs to look after its own immediate interests without the incessant interventions of an overbearing partner. The administration needs to learn that it had better act like a friend if it wants to keep a friend. It isn’t as if it has many friends left. This is precisely where Goldberg believes current Israeli policy is leading it.
  • Netanyahu, and the even more hawkish ministers around him, seem to have decided that their short-term political futures rest on a platform that can be boiled down to this formula: “The whole world is against us. Only we can protect Israel from what’s coming.” …But for Israel’s future as an ally of the United States, this formula is a disaster.”
  • Paul Merrell on 30 Oct 14
     
    If Goldberg and Stephens have it right, a U.S./Israel divorce might just spell the end of the appartheid state of Israel. It is only the U.S. veto on the U.N. Security Council that has enabled Israel to continue to treat Palestinians with impunity and to retain control of and colonize the territory it seized in the 1967 war that it launched. (The right to acquire territory by conquest was abolished by the U.N. Charter and the Fourth Geneva Convention in the late 1940s.)  Israel is now a pariah state internationally, with only the U.S., Canada, and a few minor island nations dependent on the U.S. still voting for Israel even in the U.N. General Council. Moreover, the U.S. public is fed up with the foreign wars the U.S. has been waging in the Mideast in aid of Israel's empirical goal of destabilizing and Balkanizing Israel's Arab neighbors. A U.S./Israel divorce would almost certainly bring down Netanyahu's government. On the other hand, the Obama Administration's relationship with Israel has been a departure from the historical norm in the U.S. and Obama's likely successor, Hillary Clinton, has long been much more friendly with the Israel Lobby than Obama.  Many close observers believe that Netanyahu's strategy with Obama has been to wait until Obama is out of office, betting that his successor will be much more amenable to Bibi's desires. But with Bernie Sanders hat in the ring for Auction 2016 and possibly Elizabeth Warren as well, it's conceivable that issues they raise might push Hillary to adopt a less Israel-friendly stance. But on yet another hand, Obama's stance on ISIL is entirely consistent with Israel's longstanding goal of regime change in Syria and Balkanization of Iraq into three nations along ethnic/religious lines, an independent  Kurdistan in the north, a Shia-stan in the South, and a Sunni state in the middle. Note in this regard Obama's strategy of arming "moderate" Syrians only to defend territory ISIL has not yet seized, then to bring down t
Paul Merrell

Edward Snowden: A 'Nation' Interview | The Nation - 0 views

www.thenation.com/...wden-exile-exclusive-interview

surveillance state Snowden-interview

shared by Paul Merrell on 30 Oct 14 - No Cached
  • Snowden: That’s the key—to maintain the garden of liberty, right? This is a generational thing that we must all do continuously. We only have the rights that we protect. It doesn’t matter what we say or think we have. It’s not enough to believe in something; it matters what we actually defend. So when we think in the context of the last decade’s infringements upon personal liberty and the last year’s revelations, it’s not about surveillance. It’s about liberty. When people say, “I have nothing to hide,” what they’re saying is, “My rights don’t matter.” Because you don’t need to justify your rights as a citizen—that inverts the model of responsibility. The government must justify its intrusion into your rights. If you stop defending your rights by saying, “I don’t need them in this context” or “I can’t understand this,” they are no longer rights. You have ceded the concept of your own rights. You’ve converted them into something you get as a revocable privilege from the government, something that can be abrogated at its convenience. And that has diminished the measure of liberty within a society.
  • From the very beginning, I said there are two tracks of reform: there’s the political and the technical. I don’t believe the political will be successful, for exactly the reasons you underlined. The issue is too abstract for average people, who have too many things going on in their lives. And we do not live in a revolutionary time. People are not prepared to contest power. We have a system of education that is really a sort of euphemism for indoctrination. It’s not designed to create critical thinkers. We have a media that goes along with the government by parroting phrases intended to provoke a certain emotional response—for example, “national security.” Everyone says “national security” to the point that we now must use the term “national security.” But it is not national security that they’re concerned with; it is state security. And that’s a key distinction. We don’t like to use the phrase “state security” in the United States because it reminds us of all the bad regimes. But it’s a key concept, because when these officials are out on TV, they’re not talking about what’s good for you. They’re not talking about what’s good for business. They’re not talking about what’s good for society. They’re talking about the protection and perpetuation of a national state system. I’m not an anarchist. I’m not saying, “Burn it to the ground.” But I’m saying we need to be aware of it, and we need to be able to distinguish when political developments are occurring that are contrary to the public interest. And that cannot happen if we do not question the premises on which they’re founded. And that’s why I don’t think political reform is likely to succeed. [Senators] Udall and Wyden, on the intelligence committee, have been sounding the alarm, but they are a minority.
  • The Nation: Every president—and this seems to be confirmed by history—will seek to maximize his or her power, and will see modern-day surveillance as part of that power. Who is going to restrain presidential power in this regard? Snowden: That’s why we have separate and co-equal branches. Maybe it will be Congress, maybe not. Might be the courts, might not. But the idea is that, over time, one of these will get the courage to do so. One of the saddest and most damaging legacies of the Bush administration is the increased assertion of the “state secrets” privilege, which kept organizations like the ACLU—which had cases of people who had actually been tortured and held in indefinite detention—from getting their day in court. The courts were afraid to challenge executive declarations of what would happen. Now, over the last year, we have seen—in almost every single court that has had this sort of national-security case—that they have become markedly more skeptical. People at civil-liberties organizations say it’s a sea change, and that it’s very clear judges have begun to question more critically assertions made by the executive. Even though it seems so obvious now, it is extraordinary in the context of the last decade, because courts had simply said they were not the best branch to adjudicate these claims—which is completely wrong, because they are the only nonpolitical branch. They are the branch that is specifically charged with deciding issues that cannot be impartially decided by politicians. The power of the presidency is important, but it is not determinative. Presidents should not be exempted from the same standards of reason and evidence and justification that any other citizen or civil movement should be held to.
  • ...14 more annotations...
  • The Nation: Explain the technical reform you mentioned. Snowden: We already see this happening. The issue I brought forward most clearly was that of mass surveillance, not of surveillance in general. It’s OK if we wiretap Osama bin Laden. I want to know what he’s planning—obviously not him nowadays, but that kind of thing. I don’t care if it’s a pope or a bin Laden. As long as investigators must go to a judge—an independent judge, a real judge, not a secret judge—and make a showing that there’s probable cause to issue a warrant, then they can do that. And that’s how it should be done. The problem is when they monitor all of us, en masse, all of the time, without any specific justification for intercepting in the first place, without any specific judicial showing that there’s a probable cause for that infringement of our rights.
  • Since the revelations, we have seen a massive sea change in the technological basis and makeup of the Internet. One story revealed that the NSA was unlawfully collecting data from the data centers of Google and Yahoo. They were intercepting the transactions of data centers of American companies, which should not be allowed in the first place because American companies are considered US persons, sort of, under our surveillance authorities. They say, “Well, we were doing it overseas,” but that falls under a different Reagan-era authority: EO 12333, an executive order for foreign-intelligence collection, as opposed to the ones we now use domestically. So this one isn’t even authorized by law. It’s just an old-ass piece of paper with Reagan’s signature on it, which has been updated a couple times since then. So what happened was that all of a sudden these massive, behemoth companies realized their data centers—sending hundreds of millions of people’s communications back and forth every day—were completely unprotected, electronically naked. GCHQ, the British spy agency, was listening in, and the NSA was getting the data and everything like that, because they could dodge the encryption that was typically used. Basically, the way it worked technically, you go from your phone to Facebook.com, let’s say—that link is encrypted. So if the NSA is trying to watch it here, they can’t understand it. But what these agencies discovered was, the Facebook site that your phone is connected to is just the front end of a larger corporate network—that’s not actually where the data comes from. When you ask for your Facebook page, you hit this part and it’s protected, but it has to go on this long bounce around the world to actually get what you’re asking for and go back. So what they did was just get out of the protected part and they went onto the back network. They went into the private network of these companies.
  • The Nation: The companies knew this? Snowden: Companies did not know it. They said, “Well, we gave the NSA the front door; we gave you the PRISM program. You could get anything you wanted from our companies anyway—all you had to do was ask us and we’re gonna give it to you.” So the companies couldn’t have imagined that the intelligence communities would break in the back door, too—but they did, because they didn’t have to deal with the same legal process as when they went through the front door. When this was published by Barton Gellman in The Washington Post and the companies were exposed, Gellman printed a great anecdote: he showed two Google engineers a slide that showed how the NSA was doing this, and the engineers “exploded in profanity.” Another example—one document I revealed was the classified inspector general’s report on a Bush surveillance operation, Stellar Wind, which basically showed that the authorities knew it was unlawful at the time. There was no statutory basis; it was happening basically on the president’s say-so and a secret authorization that no one was allowed to see. When the DOJ said, “We’re not gonna reauthorize this because it is not lawful,” Cheney—or one of Cheney’s advisers—went to Michael Hayden, director of the NSA, and said, “There is no lawful basis for this program. DOJ is not going to reauthorize it, and we don’t know what we’re going to do. Will you continue it anyway on the president’s say-so?” Hayden said yes, even though he knew it was unlawful and the DOJ was against it. Nobody has read this document because it’s like twenty-eight pages long, even though it’s incredibly important.
  • The big tech companies understood that the government had not only damaged American principles, it had hurt their businesses. They thought, “No one trusts our products anymore.” So they decided to fix these security flaws to secure their phones. The new iPhone has encryption that protects the contents of the phone. This means if someone steals your phone—if a hacker or something images your phone—they can’t read what’s on the phone itself, they can’t look at your pictures, they can’t see the text messages you send, and so forth. But it does not stop law enforcement from tracking your movements via geolocation on the phone if they think you are involved in a kidnapping case, for example. It does not stop law enforcement from requesting copies of your texts from the providers via warrant. It does not stop them from accessing copies of your pictures or whatever that are uploaded to, for example, Apple’s cloud service, which are still legally accessible because those are not encrypted. It only protects what’s physically on the phone. This is purely a security feature that protects against the kind of abuse that can happen with all these things being out there undetected. In response, the attorney general and the FBI director jumped on a soap box and said, “You are putting our children at risk.”
  • The Nation: Is there a potential conflict between massive encryption and the lawful investigation of crimes? Snowden: This is the controversy that the attorney general and the FBI director were trying to create. They were suggesting, “We have to be able to have lawful access to these devices with a warrant, but that is technically not possible on a secure device. The only way that is possible is if you compromise the security of the device by leaving a back door.” We’ve known that these back doors are not secure. I talk to cryptographers, some of the leading technologists in the world, all the time about how we can deal with these issues. It is not possible to create a back door that is only accessible, for example, to the FBI. And even if it were, you run into the same problem with international commerce: if you create a device that is famous for compromised security and it has an American back door, nobody is gonna buy it. Anyway, it’s not true that the authorities cannot access the content of the phone even if there is no back door. When I was at the NSA, we did this every single day, even on Sundays. I believe that encryption is a civic responsibility, a civic duty.
  • The Nation: Some years ago, The Nation did a special issue on patriotism. We asked about a hundred people how they define it. How do you define patriotism? And related to that, you’re probably the world’s most famous whistleblower, though you don’t like that term. What characterization of your role do you prefer? Snowden: What defines patriotism, for me, is the idea that one rises to act on behalf of one’s country. As I said before, that’s distinct from acting to benefit the government—a distinction that’s increasingly lost today. You’re not patriotic just because you back whoever’s in power today or their policies. You’re patriotic when you work to improve the lives of the people of your country, your community and your family. Sometimes that means making hard choices, choices that go against your personal interest. People sometimes say I broke an oath of secrecy—one of the early charges leveled against me. But it’s a fundamental misunderstanding, because there is no oath of secrecy for people who work in the intelligence community. You are asked to sign a civil agreement, called a Standard Form 312, which basically says if you disclose classified information, they can sue you; they can do this, that and the other. And you risk going to jail. But you are also asked to take an oath, and that’s the oath of service. The oath of service is not to secrecy, but to the Constitution—to protect it against all enemies, foreign and domestic. That’s the oath that I kept, that James Clapper and former NSA director Keith Alexander did not. You raise your hand and you take the oath in your class when you are on board. All government officials are made to do it who work for the intelligence agencies—at least, that’s where I took the oath.
  • The Nation: Creating a new system may be your transition, but it’s also a political act. Snowden: In case you haven’t noticed, I have a somewhat sneaky way of effecting political change. I don’t want to directly confront great powers, which we cannot defeat on their terms. They have more money, more clout, more airtime. We cannot be effective without a mass movement, and the American people today are too comfortable to adapt to a mass movement. But as inequality grows, the basic bonds of social fraternity are fraying—as we discussed in regard to Occupy Wall Street. As tensions increase, people will become more willing to engage in protest. But that moment is not now.
  • The Nation: You really think that if you could go home tomorrow with complete immunity, there wouldn’t be irresistible pressure on you to become a spokesperson, even an activist, on behalf of our rights and liberties? Indeed, wouldn’t that now be your duty? Snowden: But the idea for me now—because I’m not a politician, and I do not think I am as effective in this way as people who actually prepare for it—is to focus on technical reform, because I speak the language of technology. I spoke with Tim Berners-Lee, the guy who invented the World Wide Web. We agree on the necessity for this generation to create what he calls the Magna Carta for the Internet. We want to say what “digital rights” should be. What values should we be protecting, and how do we assert them? What I can do—because I am a technologist, and because I actually understand how this stuff works under the hood—is to help create the new systems that reflect our values. Of course I want to see political reform in the United States. But we could pass the best surveillance reforms, the best privacy protections in the history of the world, in the United States, and it would have zero impact internationally. Zero impact in China and in every other country, because of their national laws—they won’t recognize our reforms; they’ll continue doing their own thing. But if someone creates a reformed technical system today—technical standards must be identical around the world for them to function together.
  • As for labeling someone a whistleblower, I think it does them—it does all of us—a disservice, because it “otherizes” us. Using the language of heroism, calling Daniel Ellsberg a hero, and calling the other people who made great sacrifices heroes—even though what they have done is heroic—is to distinguish them from the civic duty they performed, and excuses the rest of us from the same civic duty to speak out when we see something wrong, when we witness our government engaging in serious crimes, abusing power, engaging in massive historic violations of the Constitution of the United States. We have to speak out or we are party to that bad action.
  • The Nation: Considering your personal experience—the risks you took, and now your fate here in Moscow—do you think other young men or women will be inspired or discouraged from doing what you did? Snowden: Chelsea Manning got thirty-five years in prison, while I’m still free. I talk to people in the ACLU office in New York all the time. I’m able to participate in the debate and to campaign for reform. I’m just the first to come forward in the manner that I did and succeed. When governments go too far to punish people for actions that are dissent rather than a real threat to the nation, they risk delegitimizing not just their systems of justice, but the legitimacy of the government itself. Because when they bring political charges against people for acts that were clearly at least intended to work in the public interest, they deny them the opportunity to mount a public-interest defense. The charges they brought against me, for example, explicitly denied my ability to make a public-interest defense. There were no whistleblower protections that would’ve protected me—and that’s known to everybody in the intelligence community. There are no proper channels for making this information available when the system fails comprehensively.
  • The government would assert that individuals who are aware of serious wrongdoing in the intelligence community should bring their concerns to the people most responsible for that wrongdoing, and rely on those people to correct the problems that those people themselves authorized. Going all the way back to Daniel Ellsberg, it is clear that the government is not concerned with damage to national security, because in none of these cases was there damage. At the trial of Chelsea Manning, the government could point to no case of specific damage that had been caused by the massive revelation of classified information. The charges are a reaction to the government’s embarrassment more than genuine concern about these activities, or they would substantiate what harms were done. We’re now more than a year since my NSA revelations, and despite numerous hours of testimony before Congress, despite tons of off-the-record quotes from anonymous officials who have an ax to grind, not a single US official, not a single representative of the United States government, has ever pointed to a single case of individualized harm caused by these revelations. This, despite the fact that former NSA director Keith Alexander said this would cause grave and irrevocable harm to the nation. Some months after he made that statement, the new director of the NSA, Michael Rogers, said that, in fact, he doesn’t see the sky falling. It’s not so serious after all.
  • The Nation: You also remind us of [Manhattan Project physicist] Robert Oppenheimer—what he created and then worried about. Snowden: Someone recently talked about mass surveillance and the NSA revelations as being the atomic moment for computer scientists. The atomic bomb was the moral moment for physicists. Mass surveillance is the same moment for computer scientists, when they realize that the things they produce can be used to harm a tremendous number of people. It is interesting that so many people who become disenchanted, who protest against their own organizations, are people who contributed something to them and then saw how it was misused. When I was working in Japan, I created a system for ensuring that intelligence data was globally recoverable in the event of a disaster. I was not aware of the scope of mass surveillance. I came across some legal questions when I was creating it. My superiors pushed back and were like, “Well, how are we going to deal with this data?” And I was like, “I didn’t even know it existed.” Later, when I found out that we were collecting more information on American communications than we were on Russian communications, for example, I was like, “Holy shit.” Being confronted with the realization that work you intended to benefit people is being used against them has a radicalizing effect.
  • The Nation: We have a sense, or certainly the hope, we’ll be seeing you in America soon—perhaps sometime after this Ukrainian crisis ends. Snowden: I would love to think that, but we’ve gone all the way up the chain at all the levels, and things like that. A political decision has been made not to irritate the intelligence community. The spy agencies are really embarrassed, they’re really sore—the revelations really hurt their mystique. The last ten years, they were getting the Zero Dark Thirty treatment—they’re the heroes. The surveillance revelations bring them back to Big Brother kind of narratives, and they don’t like that at all. The Obama administration almost appears as though it is afraid of the intelligence community. They’re afraid of death by a thousand cuts—you know, leaks and things like that.
  • The Nation: You’ve given us a lot of time, and we are very grateful, as will be The Nation’s and other readers. But before we end, any more thoughts about your future? Snowden: If I had to guess what the future’s going to look like for me—assuming it’s not an orange jumpsuit in a hole—I think I’m going to alternate between tech and policy. I think we need that. I think that’s actually what’s missing from government, for the most part. We’ve got a lot of policy people, but we have no technologists, even though technology is such a big part of our lives. It’s just amazing, because even these big Silicon Valley companies, the masters of the universe or whatever, haven’t engaged with Washington until recently. They’re still playing catch-up. As for my personal politics, some people seem to think I’m some kind of archlibertarian, a hyper-conservative. But when it comes to social policies, I believe women have the right to make their own choices, and inequality is a really important issue. As a technologist, I see the trends, and I see that automation inevitably is going to mean fewer and fewer jobs. And if we do not find a way to provide a basic income for people who have no work, or no meaningful work, we’re going to have social unrest that could get people killed. When we have increasing production—year after year after year—some of that needs to be reinvested in society. It doesn’t need to be consistently concentrated in these venture-capital funds and things like that. I’m not a communist, a socialist or a radical. But these issues have to be 
addressed.
  • Paul Merrell on 30 Oct 14
     
    Remarkable interview. Snowden finally gets asked some questions about politics. 
Paul Merrell

The Blood Sacrifice of Sergeant Bergdahl | Matthew Hoh - 0 views

www.huffingtonpost.com/...ergdahl-charges_b_6973634.html

war & peace Afghanistan Bergdahl-court-martial

shared by Paul Merrell on 04 Apr 15 - No Cached
  • Last week charges of Desertion and Misbehavior Before the Enemy were recommended against Sergeant Bowe Bergdahl. Tragically, Sergeant Bergdahl was once again crucified, without evidence or trial, throughout mainstream, alternative and social media. That same day Sergeant Bergdahl was offered as a sacrifice to primarily Republican politicians, bloggers, pundits, chicken hawks and jingoists, while Democrats mostly kept silent as Sergeant Bergdahl was paraded electronically and digitally in the latest Triumph of the Global War on Terror, President Ashraf Ghani was applauded, in person, by the American Congress. Such coincidences, whether they are arranged or accidental, often appear in literary or cinematic tales, but they do, occasionally, manifest themselves in real life, often appearing to juxtapose the virtues and vices of a society for the sake and advancement of political narratives. The problem with this specific coincidence for those on the Right, indulging in the fantasy of American military success abroad, as well as for those on the Left, desperate to prove that Democrats can be as tough as Republicans, is that reality may intrude. To the chagrin and consternation of many in DC, Sergeant Bergdahl may prove to be the selfless hero, while President Ghani may play the thief, and Sergeant Bergdahl's departure from his unit in Afghanistan may come to be understood as just and his time as a prisoner of war principled, while President Obama's continued propping up and bankrolling of the government in Kabul, at the expense of American servicemembers and taxpayers, comes to be fully acknowledged as immoral and profligate.
  • Buried in much of the media coverage this past week on the charges presented against Sergeant Bergdahl, with the exception of CNN, are details of the Army's investigation into Sergeant Bergdahl's disappearance, capture and captivity. As revealed by Sergeant Bergdahl's legal team, twenty-two Army investigators have constructed a report that details aspects of Sergeant Bergdahl's departure from his unit, his capture and his five years as a prisoner of war that disprove many of the malicious rumors and depictions of him and his conduct.
  • As documented in his lawyers' statement submitted to the Army on March 25, 2015, in response to Sergeant Bergdahl's referral to the Article 32 preliminary hearing (which is roughly the military equivalent of a civilian grand jury), the following facts are now known about Sergeant Bergdahl and his time prior to and during his captivity as a prisoner of war:• Sergeant Bergdahl is a "truthful person" who "did not act out of a bad motive"; • he did not have the intention to desert permanently nor did he have an intention to leave the Army when he left his unit's outpost in eastern Afghanistan in 2009; • he did not have the intention of joining the Taliban or assisting the enemy; • he left his post to report "disturbing circumstances to the attention of the nearest general officer". • while he was a prisoner of war for five years, he was tortured, but he did not cooperate with his captors. Rather, Sergeant Bergdahl attempted to escape twelve times, each time with the knowledge he would be tortured or killed if caught; • there is no evidence American soldiers died looking for Sergeant Bergdahl.
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  • Again, these are the findings of the Army's investigation into Sergeant Bergdahl's disappearance; they are not the apologies or fantasies of his legal team, Marines turned anti-war peaceniks like myself, or Obama fawning conspirators. The details behind these facts are contained in the Army's report, authored by Major General Kenneth Dahl, which has not been publically released, but hopefully will be made available to the public after Sergeant Bergdahl's preliminary hearing next month or, if the desertion and misbehavior charges are pursued, during his court martial. Just what events Sergeant Bergdahl witnessed that would compel him to risk his life, traveling unarmed through enemy controlled territory, to provide information to an American general, are not presently known. We do know that the unit Sergeant Bergdahl belonged to underwent serious disciplinary actions both before and after Sergeant Bergdahl's capture, that several of his unit's leaders were fired and replaced both prior to and subsequent to his capture, and, from communications between Sergeant Bergdahl and his family prior to his capture, Sergeant Bergdahl was sickened and distraught over the actions of his unit, including its possible complicity in the death of an Afghan child. It is quite possible Sergeant Bergdahl left his unit to report a war crime(s) or other serious crime(s) committed by American forces. He may have been trying to report a failure of his immediate leadership or it may have been something, in hindsight, that we would now consider trivial. Such an action on Sergeant Bergdahl's part would help to explain why his former platoon mates, quite possibly the very men whom Sergeant Bergdahl left to report on, have been so forceful in their condemnation of him, so determined not to forgive him for his disappearance, and so adamant in their denial to show compassion for his suffering while a prisoner of war.
  • This knowledge may explain why the Taliban believed Sergeant Bergdahl had fallen behind on a patrol rather than deserted. If he truly was deserting, than Sergeant Bergdahl most likely would have told the Taliban disparaging information about US forces in an attempt to harvest friendship and avoid torture, but if he was on a personal mission to report wrongdoing, than he certainly would not relate such information to the enemy. This may explain why Sergeant Bergdahl told his captors a lie rather than disclose his voluntary departure from the platoon outpost. This would also justify why Sergeant Bergdahl left his base without his weapon or equipment. Before his departure from his outpost, Sergeant Bergdahl asked his team leader what would happen if a soldier left the base, without permission, with his weapon and other issued gear. Sergeant Bergdahl's team leader replied that the soldier would get in trouble. Understanding Sergeant Bergdahl as not deserting, but trying to serve the Army by reporting wrongdoing to another base would explain why he chose not to carry his weapon and issued gear off of the outpost. Sergeant Bergdahl was not planning on deserting, i.e. quitting the army and the war, and he did not want to get in trouble for taking his weapon and issued gear with him on his unauthorized mission.
  • This possible exposure to senior leaders, and ultimately the media and American public, of civilian deaths or other offenses would also account for the non-disclosure agreement Sergeant Bergdahl's unit was forced to sign after his disappearance. Non-disclosure agreements may be common in the civilian world and do exist in military fields such as special operations and intelligence, but for regular infantry units they are rare. Sergeant Bergdahl's capture by the enemy, possibly while en-route to reveal war crimes or other wrongdoings, would certainly be the type of event an embarrassed chain of command would attempt to hide. Such a cover up would certainly not be unprecedented in American military history.Similar to the assertions made by many politicians, pundits and former soldiers that Sergeant Bergdahl deserted because, to paraphrase, he hated America and wanted to join the Taliban, the notion that he cooperated and assisted the Taliban while a prisoner of war has also been debunked by the Army's investigation. We know that Sergeant Bergdahl resisted his captors throughout his five years as a prisoner of war. His dozen escape attempts, with full knowledge of the risks involved in recapture, are in keeping with the Code of Conduct all American service members are required to abide by during captivity by the enemy.
  • In his own words, Sergeant Bergdahl's description of his treatment reveals a ghastly and barbaric five years of non-stop isolation, exposure, malnutrition, dehydration, and physical and psychological torture. Among other reasons, his survival must be attested to an unshakeable moral fortitude and inner strength. The same inherent qualities that led him to seek out an American general to report "disturbing circumstances" could well be the same mental, emotional and spiritual strengths that kept him alive through half a decade of brutal shackling, caging, and torture. It is my understanding the US military's prisoner of war and survival training instructors are studying Sergeant Bergdahl's experience in order to better train American service members to endure future experiences as prisoners of war. Susan Rice, President Obama's National Security Advisor, was roundly lampooned and criticized last year for stating that Sergeant Bergdahl "served with honor and distinction". It is only the most callous and politically craven among us who, now understanding the torture Sergeant Bergdahl endured, his resistance to the enemy that held him prisoner, and his adherence to the US military's Code of Conduct for five years in horrific conditions, would argue that he did not serve with honor and distinction.
  • Paul Merrell on 04 Apr 15
     
    There's more article than I highlighted and it's worth reading. Obama should step in here and issue a full pardon to end this young man's torment by Army generals playing to the press. Let's recall here that Obama, when asked to prosecute Bush II officials for war crimes, said he would rather look forward rather than backward. Sgt. Bergdahl, who committed no war crime, deserves no less. Five years of torture and malnutrition as a POW is more punishment than anyone deserves.
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