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Paul Merrell

US pushing local cops to stay mum on surveillance - Yahoo News - 0 views

news.yahoo.com/;_ylt=AwrBJR4e65lTwmEAb7zQtDMD

surveillance state location-data public-records-acts litigation stingrays

shared by Paul Merrell on 13 Jun 14 - No Cached
  • WASHINGTON (AP) -- The Obama administration has been quietly advising local police not to disclose details about surveillance technology they are using to sweep up basic cellphone data from entire neighborhoods, The Associated Press has learned. Citing security reasons, the U.S. has intervened in routine state public records cases and criminal trials regarding use of the technology. This has resulted in police departments withholding materials or heavily censoring documents in rare instances when they disclose any about the purchase and use of such powerful surveillance equipment. Federal involvement in local open records proceedings is unusual. It comes at a time when President Barack Obama has said he welcomes a debate on government surveillance and called for more transparency about spying in the wake of disclosures about classified federal surveillance programs.
  • One well-known type of this surveillance equipment is known as a Stingray, an innovative way for law enforcement to track cellphones used by suspects and gather evidence. The equipment tricks cellphones into identifying some of their owners' account information, like a unique subscriber number, and transmitting data to police as if it were a phone company's tower. That allows police to obtain cellphone information without having to ask for help from service providers, such as Verizon or AT&T, and can locate a phone without the user even making a call or sending a text message. But without more details about how the technology works and under what circumstances it's used, it's unclear whether the technology might violate a person's constitutional rights or whether it's a good investment of taxpayer dollars. Interviews, court records and public-records requests show the Obama administration is asking agencies to withhold common information about the equipment, such as how the technology is used and how to turn it on. That pushback has come in the form of FBI affidavits and consultation in local criminal cases.
  • "These extreme secrecy efforts are in relation to very controversial, local government surveillance practices using highly invasive technology," said Nathan Freed Wessler, a staff attorney with the American Civil Liberties Union, which has fought for the release of these types of records. "If public participation means anything, people should have the facts about what the government is doing to them." Harris Corp., a key manufacturer of this equipment, built a secrecy element into its authorization agreement with the Federal Communications Commission in 2011. That authorization has an unusual requirement: that local law enforcement "coordinate with the FBI the acquisition and use of the equipment." Companies like Harris need FCC authorization in order to sell wireless equipment that could interfere with radio frequencies. A spokesman from Harris Corp. said the company will not discuss its products for the Defense Department and law enforcement agencies, although public filings showed government sales of communications systems such as the Stingray accounted for nearly one-third of its $5 billion in revenue. "As a government contractor, our solutions are regulated and their use is restricted," spokesman Jim Burke said.
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  • Local police agencies have been denying access to records about this surveillance equipment under state public records laws. Agencies in San Diego, Chicago and Oakland County, Michigan, for instance, declined to tell the AP what devices they purchased, how much they cost and with whom they shared information. San Diego police released a heavily censored purchasing document. Oakland officials said police-secrecy exemptions and attorney-client privilege keep their hands tied. It was unclear whether the Obama administration interfered in the AP requests. "It's troubling to think the FBI can just trump the state's open records law," said Ginger McCall, director of the open government project at the Electronic Privacy Information Center. McCall suspects the surveillance would not pass constitutional muster. "The vast amount of information it sweeps in is totally irrelevant to the investigation," she said.
  • A court case challenging the public release of information from the Tucson Police Department includes an affidavit from an FBI special agent, Bradley Morrison, who said the disclosure would "result in the FBI's inability to protect the public from terrorism and other criminal activity because through public disclosures, this technology has been rendered essentially useless for future investigations." Morrison said revealing any information about the technology would violate a federal homeland security law about information-sharing and arms-control laws — legal arguments that that outside lawyers and transparency experts said are specious and don't comport with court cases on the U.S. Freedom of Information Act. The FBI did not answer questions about its role in states' open records proceedings.
  • But a former Justice Department official said the federal government should be making this argument in federal court, not a state level where different public records laws apply. "The federal government appears to be attempting to assert a federal interest in the information being sought, but it's going about it the wrong way," said Dan Metcalfe, the former director of the Justice Department's office of information and privacy. Currently Metcalfe is the executive director of American University's law school Collaboration on Government Secrecy project. A criminal case in Tallahassee cites the same homeland security laws in Morrison's affidavit, court records show, and prosecutors told the court they consulted with the FBI to keep portions of a transcript sealed. That transcript, released earlier this month, revealed that Stingrays "force" cellphones to register their location and identifying information with the police device and enables officers to track calls whenever the phone is on.
  • One law enforcement official familiar with the Tucson lawsuit, who spoke on condition of anonymity because the official was not authorized to speak about internal discussions, said federal lawyers told Tucson police they couldn't hand over a PowerPoint presentation made by local officers about how to operate the Stingray device. Federal officials forwarded Morrison's affidavit for use in the Tucson police department's reply to the lawsuit, rather than requesting the case be moved to federal court. In Sarasota, Florida, the U.S. Marshals Service confiscated local records on the use of the surveillance equipment, removing the documents from the reach of Florida's expansive open-records law after the ACLU asked under Florida law to see the documents. The ACLU has asked a judge to intervene. The Marshals Service said it deputized the officer as a federal agent and therefore the records weren't accessible under Florida law.
  • Paul Merrell on 13 Jun 14
     
    The Florida case is particularly interesting because Florida is within the jurisdiction of the U.S. Eleventh Circuit Court of Appeals, which has just ruled that law enforcement must obtain a search warrant from a court before using equipment to determine a cell phone's location.  
Paul Merrell

Julian Assange: Google Has Revolving Doors with State Dept   :  Information C... - 0 views

www.informationclearinghouse.info/article39733.htm

surveillance-state Assange Google

shared by Paul Merrell on 21 Sep 14 - No Cached
  • Video Assange maintains Google is in bed with the state department and also reveals the false allegations the US military made against WikiLeaks, which surfaced during the Chelsea Manning trial. Assange talks about Guardian gaffs, Glenn Greenwald, FinFisher spyware and the NSA’s rampant antics. The interview reveals 'an extremely alarming phenomenon': how more and more security-cleared Americans are joining the ranks of the 'state within a state' – 6 million to date.
Paul Merrell

Abbas threatens to end Hamas unity deal - Middle East - Al Jazeera English - 0 views

www.aljazeera.com/...h-hamas-20149794312283293.html

war & peace Israel Palestine Gaza PA Hamas Abbas

shared by Paul Merrell on 22 Sep 14 - No Cached
  • Mahmoud Abbas has threatened to break off a unity agreement with Hamas if the movement does not allow the government to operate properly in the Gaza Strip. Speaking in Cairo ahead of an Arab League foreign ministers' meeting, the Palestinian president accused Hamas of running a shadow government and said he wanted a single authority and a single system of rule. "We will not accept the situation with Hamas continuing as it is at the moment," Abbas said on arrival in the Egyptian capital late on Saturday, in remarks published by official Palestinian news agency WAFA. "We won't accept a partnership with them if the situation continues like this in Gaza where there is a shadow government ... running the territory. "The national consensus government cannot do anything on the ground," he charged.  His comments came nearly two weeks after a ceasefire ended a deadly 50-day confrontation with Israel in Gaza. Abbas also accused Hamas of undertaking executions without trial.  Hamas denounced his allegations as baseless.
  • Under the terms of the reconciliation deal earlier this year, the factions agreed to form an interim consensus government and end seven years of rival administrations in the West Bank and Gaza. The deal sought to end years of rivalry between Hamas and Fatah.
  • The new cabinet, which is based in Ramallah, took office on June 2, with Gaza's Hamas government officially stepping down the same day. Hamas is however the de facto power in Gaza. Khaled Meshaal, the Hamas leader in exile, said Palestinians should steer away from triggering problems in the media. "I call on Abbas, Fatah, Hamas and all Palestinian factions and forces, including independent figures, to meet at the earliest, and come to an agreement in order to conclude our unity and the way forward ... one voice, one decision, one authority and one goal."
  • Paul Merrell on 22 Sep 14
     
    Abbas has been taking potshots at Hamas because the Hamas leader beat him 70-30 percent in a recent poll of Palestinians. Abbas' term in office expired more than two years ago but he has not called new elections. He is largely the hand-maiden of Israel and the U.S. His endless delays in filing war crime charges against Israel in the International Criminal Court is continuing to cost his popularity.
Paul Merrell

Failure of the US coup d'État in Macedonia , by Thierry Meyssan - 0 views

www.voltairenet.org/article187685.html

war & peace Macedonia U.S.-foreign-policy color-revolutions pipelinestan-wars

shared by Paul Merrell on 28 May 15 - No Cached
  • Macedonia has just neutralised an armed group whose sponsors had been under surveillance for at least eight months. By doing so, it has prevented a new attempt at a coup d’État, planned by Washington for the 17th of May. The aim was to spread the chaos already infecting Ukraine into Macedonia in order to stall the passage of a Russian gas pipeline to the European Union.
  • n the 9th of May, 2015, the Macedonian police launched a dawn operation to arrest an armed group which had infiltrated the country and which was suspected of preparing a number of attacks. The police evacuated the civilian population before launching the assault.
  • The suspects opened fire, which led to a bitter firefight, leaving 14 terrorists and 8 members of the police forces dead. 30 people were taken prisoner. There were a large number of wounded
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  • The Macedonian police were clearly well-informed before they launched their operation. According to the Minister for the Interior, Ivo Kotevski, the group was preparing a very important operation for the 17th May (the date of the demonstration organised by the Albanophone opposition in Skopje). The identification of the suspects has made it possible to determine that they were almost all ex-members of the UÇK (Kosovo Liberation Army) [1].
  • Among them were : • Sami Ukshini, known as « Commandant Sokoli », whose family played a historic rôle in the UÇK. • Rijai Bey, ex-bodyguard of Ramush Haradinaj (himself a drug trafficker, military head of the UÇK, then Prime Minister of Kosovo. He was twice condemned for war crimes by the International Penal Tribunal for ex-Yugoslavia, but was acquitted because 9 crucial witnesses were murdered during the trial). • Dem Shehu, currently bodyguard for the Albanophone leader and founder of the BDI party, Ali Ahmeti. • Mirsad Ndrecaj, known as the « NATO Commandant », grandson of Malic Ndrecaj, who is commander of the 132nd Brigade of the UÇK. The principal leaders of this operation, including Fadil Fejzullahu (killed during the assault), are close to the United States ambassador in Skopje, Paul Wohlers.
  • To eliminate any doubt about the identity of the operation’s sponsors, the General Secretary of NATO, Jens Stoltenberg, intervened even before the assault was over - not to declare his condemnation of terrorism and his support for the constitutional government of Macedonia, but to paint a picture of the terrorist group as a legitimate ethnic opposition : « I am following the events in Kumanovo with deep concern. I would like to express my sympathy to the families of those who were killed or wounded. It is important that all polititcal and community leaders work together to restore order and begin a transparent investigation in order to find out what happened. I am calling for everyone to show reserve and avoid any new escalation of violence, in the intersts of the nation and also the whole region. » You would have to be blind not to understand.
  • In January 2015, Macedonia foiled an attempted coup d’état organised for the head of the opposition, the social-democrat Zoran Zaev. Four peole were arrested, and Mr. Zaev had his passport confiscated, while the Atlantist press began its denunciation of an « authoritarian drift by the régime » (sic). Zoran Zaev is publicly supported by the embassies of the United States, the United Kingdom, Germany and Holland. But the only trace left of this attempted coup d’état indicates the repsponsibility of the US. On the 17th May, Zoran Zaev’s social-democrat party (SDSM) [2] was supposed to organise a demonstration. It intended to distribute 2,000 masks in order to prevent the police from identifying the terrorists taking part in the march. During the demonstration, the armed group, concealed behind their masks, were supposed to attack several institutions and launch a pseudo-« revolution » comparable to the events in Maidan Square, Kiev.
  • This coup d’État was coordinated by Mile Zechevich, an ex-employee of one of George Soros’ foundations. In order to understand Washington’s urgency to overthrow the Macedonian government, we have to go back and look at the gas pipeline war. Because international politics is a huge chess-board on which every move by any piece causes consequences for all the others.
  • The United States have been attempting to sever communications between Russia and the European Union since 2007. They managed to sabotage the projet South Stream by obliging Bulgaria to cancel its participation, but on the 1st December 2014, to everyone’s surprise, Russian President Vladimir Putin launched a new project when he succeeded in convincing his Turkish opposite number, Recep Tayyip Erdoğan, to sign an agreement with him, despite the fact that Turkey is a member of NATO [3]. It was agreed that Moscow would deliver gas to Ankara, and that in return, Ankara would deliver gas to the European Union, thus bypassing the anti-Russian embargo by Brussels. On the 18th of April 2015, the new Greek Prime Minister, Alexis Tsípras, gave his agreement that the pipeline could cross his country [4] . As for Macedonian Prime Minister Nikola Gruevski, he had already conluded discrete negotiations last March [5]. Finally, Serbia, which had been a partner in the South Stream project, indicated to the Russian Minister for Energy Aleksandar Novak, during his reception in Belgrade in April, that Serbia was ready to switch to the Turkish Stream project [6].
  • To halt the Russian project, Washington has multiplied its initiatives :  in Turkey, it is supporting the CHP against President Erdoğan, hoping this will cause him to lose the elections;  in Greece, on the 8th May, it sent Amos Hochstein, Directeur of the Bureau of Energy Ressources, to demand that the Tsípras government give up its agreement with Gazprom;  it plans – just in case – to block the route of the pipeline by placing one of its puppets in power in Macedonia;  and in Serbia, it has restarted the project for the secession of the small piece of territory - Voïvodine - which allows the junction with Hungary [7]. Last comment, but not the least: Turkish Stream will also supply Hungary and Austria, thus ending the alternative project negotiated by the United States with President Hassan Rohani (against the advice of the Revolutionary Guards) for supplying them with Iranian gas [8].
Paul Merrell

5 Big Banks Expected to Plead Guilty to Felony Charges, but Punishments May Be Tempered... - 0 views

www.nytimes.com/...nishments-may-be-tempered.html

banksters litigation UBS Barclays JPMorgan Chase Citigroup Royal-Bank-of-Scotland guilty-pleas SEC-waivers

shared by Paul Merrell on 16 May 15 - No Cached
  • The Justice Department is preparing to announce that Barclays, JPMorgan Chase, Citigroup and the Royal Bank of Scotland will collectively pay several billion dollars and plead guilty to criminal antitrust violations for rigging the price of foreign currencies, according to people briefed on the matter who spoke on the condition of anonymity. Most if not all of the pleas are expected to come from the banks’ holding companies, the people said — a first for Wall Street giants that until now have had only subsidiaries or their biggest banking units plead guilty.
  • The Justice Department is also preparing to resolve accusations of foreign currency misconduct at UBS. As part of that deal, prosecutors are taking the rare step of tearing up a 2012 nonprosecution agreement with the bank over the manipulation of benchmark interest rates, the people said, citing the bank’s foreign currency misconduct as a violation of the earlier agreement. UBS A.G., the banking unit that signed the 2012 nonprosecution agreement, is expected to plead guilty to the earlier charges and pay a fine that could be as high as $500 million rather than go to trial, the people said.
  • Holding companies, while appearing to be the most important entities at the banks, are in less jeopardy of suffering the consequences of guilty pleas. Some banks worried that a guilty plea by their biggest banking units, which hold licenses that enable them to operate branches and make loans, would be riskier, two of the people briefed on the matter said. The fear, they said, centered on whether state or federal regulators might revoke those licenses in response to the pleas. Advertisement Continue reading the main story Behind the scenes in Washington, the banks’ lawyers are also seeking assurances from federal regulators — including the Securities and Exchange Commission and the Labor Department — that the banks will not be barred from certain business practices after the guilty pleas, the people said. While the S.E.C.’s five commissioners have not yet voted on the requests for waivers, which would allow the banks to conduct business as usual despite being felons, the people briefed on the matter expected a majority of commissioners to grant them.In reality, those accommodations render the plea deals, at least in part, an exercise in stagecraft. And while banks might prefer a deferred-prosecution agreement that suspends charges in exchange for fines and other concessions — or a nonprosecution deal like the one that UBS is on the verge of losing — the reputational blow of being a felon does not spell disaster.
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  • The foreign exchange investigation, which centers on accusations that traders colluded to fix the price of major currencies, will test the Justice Department’s strategy for securing guilty pleas on Wall Street.
  • In the case of UBS, the bank will lose its nonprosecution agreement over interest rate manipulation, the people briefed on the matter said, a consequence of its misconduct in the foreign exchange case. It is unclear why that penalty will fall on UBS, but not on other banks suspected of manipulating both interest rates and currency prices.
  • the bank is expected to avoid pleading guilty in the foreign exchange case, the people said, though it will probably pay a fine. While UBS was unlikely to plead guilty to antitrust violations because it was the first to cooperate in the foreign exchange investigation, the bank was facing the possibility of pleading guilty to fraud charges related to the currency manipulation. The exact punishment is not yet final, the people added.The Justice Department negotiations coincide with the banks’ separate efforts to persuade the S.E.C. to issue waivers from automatic bans that occur when a company pleads guilty. If the waivers are not granted, a decision that the Justice Department does not control, the banks could face significant consequences.For example, some banks may be seeking waivers to a ban on overseeing mutual funds, one of the people said. They are also requesting waivers to ensure they do not lose their special status as “well-known seasoned issuers,” which allows them to fast-track securities offerings. For some of the banks, there is also a concern that they will lose their “safe harbor” status for making forward-looking statements in securities documents.
  • In turn, the S.E.C. asked the Justice Department to hold off on announcing the currency cases until the banks’ requests had been reviewed, one of the people said. As of Wednesday, it seemed probable that a majority of the S.E.C.’s commissioners would approve most of the waivers, which can be granted for a cause like the public good. Still, the agency’s two Democratic commissioners — Kara M. Stein and Luis A. Aguilar, who have denounced the S.E.C.’s use of waivers — might be more likely to balk.
  • Corporate prosecutions are a delicate matter, peppered with political and legal land mines. Senator Elizabeth Warren, Democrat of Massachusetts, and other liberal politicians have criticized prosecutors for treating Wall Street with kid gloves. Banks and their lawyers, however, complain about huge penalties and guilty pleas. Continue reading the main story Recent Comments AvangionQ 14 hours ago These are the sorts of crimes that take down nations, jail sentences should be mandatory. Lance Haley 14 hours ago I find this whole legal exercise not only irrational, but insulting. I am a criminal defense attorney. Punishing the shareholders and the... loomypop 14 hours ago There is much more than Irony in the reality of how America treats criminal action and punishment when the entire determination and outcome... See All Comments And lingering in the background is the case of Arthur Andersen, an accounting giant that imploded after being convicted in 2002 of criminal charges related to its work for Enron. After the firm’s collapse, and the later reversal of its conviction, prosecutors began to shift from indictments and guilty pleas to deferred-prosecution agreements. And in 2008, the Justice Department updated guidelines for prosecuting corporations, which have long included a requirement that prosecutors weigh collateral consequences like harm to shareholders and innocent employees.
  • “The collateral consequences consideration is designed to address the risk that a particular criminal charge might inflict disproportionate harm to shareholders, pension holders and employees who are not even alleged to be culpable or to have profited potentially from wrongdoing,” said Mark Filip, the Justice Department official who wrote the 2008 memo. “Arthur Andersen was ultimately never convicted of anything, but the mere act of indicting it destroyed one of the cornerstones of the Midwest’s economy.”
  • Paul Merrell on 16 May 15
     
    In related news, the Dept. of Justice announced that it would begin using its "collateral consequences" analysis to decisions whether to charge human beings with crimes, taking into account the hardships imposed on innocent family members and other dependents if a person were sentenced to prison.  No? Sounds like corporations have more rights than human beings, yes?
Gary Edwards

Feds confiscate investigative reporter's confidential files during raid | The Daily Caller - 3 views

dailycaller.com/...confidential-files-during-raid

Audrey-Hudson Whistleblower-Protection-Act

shared by Gary Edwards on 26 Oct 13 - No Cached
  • A veteran Washington D.C. investigative journalist says the Department of Homeland Security confiscated a stack of her confidential files during a raid of her home in August — leading her to fear that a number of her sources inside the federal government have now been exposed. In an interview with The Daily Caller, journalist Audrey Hudson revealed that the Department of Homeland Security and Maryland State Police were involved in a predawn raid of her Shady Side, Md. home on Aug. 6. Hudson is a former Washington Times reporter and current freelance reporter. A search warrant obtained by TheDC indicates that the August raid allowed law enforcement to search for firearms inside her home.
  • But without Hudson’s knowledge, the agents also confiscated a batch of documents that contained information about sources inside the Department of Homeland Security and the Transportation Security Administration, she said. Outraged over the seizure, Hudson is now speaking out. She said no subpoena for the notes was presented during the raid and argues the confiscation was outside of the search warrant’s parameter. “They took my notes without my knowledge and without legal authority to do so,” Hudson said this week. “The search warrant they presented said nothing about walking out of here with a single sheet of paper.”
  • After the search began, Hudson said she was asked by an investigator with the Coast Guard Investigative Service if she was the same Audrey Hudson who had written a series of critical stories about air marshals for The Washington Times over the last decade. The Coast Guard operates under the Department of Homeland Security.
  • Paul Merrell on 26 Oct 13
     
    If reality is as stated, the reporter has a pretty strong civil rights case against the government officials who knowingly participated in the theft and retention of the reporter's notes, two distinct conspiracies. Under the 4th Amendment, officers executing a search and seizure warrant may lawfully seize the items particularly described in the warrant and any other evidence of crime that is in plain view during the search. It's a big push of credibility to argue that reading documents stored in a bag in search for a gun falls within the "plain view" doctrine. The officer could instead just reach his hand into the bag and feel around for a gun. Quite a few extra steps involved in removing the documents and reading them simply to determine whether the bag contains a gun. Add in the facts that: [i] the supposed recognition of government documents argument does not explain why the officers seized personal handwritten notes too; and [ii] the evidence that the officer who discovered the docs had learned that the reporter was one who had called the conduct of his agency into question, and it comes out smelling a lot more like an attempt to discover the reporters' sources than a legitimate search for guns when the bag was searched.   Only one side heard from so far, of course. But this sounds more like low-level government officials who were ignorant of their legal obligations than a White House-driven scandal. But I wouldn't want to be the government lawyer who authorized the retention of the seized notes and other documents. They should have been returned without retaining copies the instant the lawyer learned of the circumstances of their seizure. There's not only a 4th Amendment liberty interest but also a 1st Amendment freecdom to communicate anonymously right protecting those documents and notes. 
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  • Gary Edwards on 26 Oct 13
     
    I listened to an interview with Audrey Hudson last night. It seems to me the key fact is in this clip; "But without Hudson's knowledge, the agents also confiscated a batch of documents that contained information about sources inside the Department of Homeland Security and the Transportation Security Administration, she said." Audrey had written a series of articles describing how the Homeland Security and Transportation agency had been lying about air marshalls and the post 911 program to secure passenger flights. The documents that were stolen listed her sources - the whistle blowers inside the Homeland Security administration who leaked information about the lies and the many problems with the program that the Obama administration was covering up. This sounds to me like another example of Obama hunting down and persecuting whistleblowers. A direct violation of the 1989 - 2007 Whistleblower Protection Act. Not surprisingly, Ms Hudson had not tried to contact any of her whistleblowing sources for fear that the NSA would be watching and that this persecution would happen. Interestingly, the warrant was to seize a "potato launcher". No kidding! It seems Ms. Hudson's husband had, at one time been a licensed arms dealer. He lost that license having sold a gun with faulty paperwork. This event had occurred years earlier, and Mr. Hudson had long since moved on and was currently working for the Coast Guard as an outside contractor/consultant. So they seized the toy "potato launcher", as described in the warrant. But they also ransacked the home looking for the key documents that listed Ms Hudson's inside Homeland Security sources behind her air marshal scandal articles. These documents were the only items seized - other than the "potato launcher" that was the only item listed in the warrant. Seems we've been here before. From wikipedia, the story of Friedrich Gustav Emil Martin Niemöller: ........................... Arrested on 1 July 1937, N
  • Gary Edwards on 26 Oct 13
     
    "But without Hudson's knowledge, the agents also confiscated a batch of documents that contained information about sources inside the Department of Homeland Security and the Transportation Security Administration, she said."
  • Paul Merrell on 26 Oct 13
     
    What troubles me the most about this event, assuming the truth of what's reported, is how well known the limitations on execution of a search warrant are within the law enforcement community. If it happened as described, it seems very unlikely that the officer who grabbed the documents did not know he was violating the 4th Amendment. Ditto for the lawyer or other official(s) who learned of what went down shortly thereafter, but kept the documents anyway. There's an arrogance that goes with government and corporate officials who don't have to personally pay damage awards. With no personal monetary liability (in reality, since the government or corporation picks up the tab), it becomes a matter of personal ethics and whether the misbehavior will anger or please the boss. If the ethics are weak, that becomes a pretty simple choice.
Paul Merrell

Milosevic prosecutor claims top ICC official bowing to Israeli, US pressure | The Elect... - 0 views

electronicintifada.net/...ial-bowing-israeli-us-pressure

war & peace ICC Mavi-Marmara Gaza-Freedom-Flotilla Israel war crimes prosecution

shared by Paul Merrell on 29 Jul 15 - No Cached
  • The chief prosecutor of the International Criminal Court (ICC) is appealing a ruling ordering her to reconsider her decision not to investigate Israel’s lethal attack on an aid flotilla to Gaza five years ago. But Geoffrey Nice, lead counsel for victims and families of those killed in the Israeli attack on the Mavi Marmara, told The Electronic Intifada that the arguments Chief Prosecutor Fatou Bensouda has put forward are “complete hogwash.” Nice, who worked for the International Criminal Tribunal for the Former Yugoslavia from 1998 to 2006, led the prosecution of former Serbian President Slobodan Milošević. Nice and his law firm Stoke and White also represent the government of Comoros, the Indian Ocean archipelago state where the Mavi Marmara is registered. Instead of doing her job and properly investigating the case, Nice said, Bensouda’s appeal is “a last ditch attempt to do what would be expected of her by the US and supporters of Israel.”
  • A professor of law at London’s Gresham College who has previously represented victims before the ICC, Nice said he doubted that Bensouda even had a right to go to the appeal judges at this stage. He said his first legal response would be to ask them to throw her appeal out on procedural grounds. Serious errors Earlier this month, a panel of ICC judges found in a scathing 2-1 ruling that Bensouda had made serious errors of fact and law in her decision not to pursue the case. They said that the chief prosecutor had underestimated the seriousness and international significance of the crimes and ordered her to review her decision not to proceed with an investigation into the attack. In the early hours of 31 May 2010, Israeli commandos boarded and seized the flotilla boats in international waters in the eastern Mediterranean. Israeli forces carried out a particularly violent armed attack on the largest vessel, Mavi Marmara, killing nine persons. A tenth victim died of his injuries in June 2014. The victims were all Turkish citizens. One of them, 18-year-old Furkan Doğan, was also a US citizen.
  • The initial request for the ICC to investigate the killings was submitted in 2013 by Comoros. Bensouda decided not to proceed with a full investigation in November 2014. Ignoring evidence In a notice of appeal filed Monday, Chief Prosecutor Bensouda says that the judges overstepped their mandate and trampled on her prosecutorial discretion by ordering her to review the case. She also claims that the ruling gives her no clear explanation of how to review her decision. But Nice said that her claims are “absolute rubbish” and the judges’ ruling is very clear about what matters and evidence should be looked at again. The judges’ 16 July ruling lists a long litany of errors by the prosecutor.
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  • These include that Bensouda “wilfully ignored” evidence submitted by Comoros that Israeli forces “fired live ammunition from the boats and the helicopters before the [Israeli forces] forces boarded the Mavi Marmara.” This information was supplemented by the UN Human Rights Council fact-finding mission and autopsy reports, which, according to the evidence submitted by Comoros, “indicate that persons were shot from above.” Intent to kill “For the purpose of her decision” whether or not to investigate, the judges conclude, “the prosecutor should have accepted that live fire may have been used prior to the boarding of the Mavi Marmara, and drawn the appropriate inferences.” “This fact is extremely serious and particularly relevant to the matter under consideration,” the ruling continues, “as it may reasonably suggest that there was, on the part of the [Israeli] forces who carried out the identified crimes, a prior intention to attack and possibly kill passengers on board the Mavi Marmara.” The judges also fault Bensouda for failing to properly consider the impact of the crimes beyond the immediate victims.
  • srael’s violent actions against the Mavi Marmara would, the judges write, “have sent a clear and strong message to the people in Gaza (and beyond) that the blockade of Gaza was in full force and that even the delivery of humanitarian aid would be controlled and supervised by the Israeli authorities.” Rule of law Nice says the stakes are high – not just for this case but for other Palestine-related matters that might come before the ICC. In January, the court began a preliminary probe, at the request of the Palestinian Authority, that will include Israel’s attack on Gaza last summer that killed more than 2,200 Palestinians. Will such cases be handled according to the “rule of law,” Nice asks, or will victims witness “officials of the highest rank seeming yet again to bend the knee to the interests of Israel and the US?”
Paul Merrell

Russia's 'superweapon' can switch off satellites and enemy weapons | Daily Mail Online - 0 views

www.dailymail.co.uk/...-satellites-enemy-weapons.html

war & peace Russia weaponry jamming

shared by Paul Merrell on 07 Jul 15 - No Cached
  • Russia has claimed to have built a revolutionary new weapon system that can render enemy satellites and weapons useless.Its Russian makers say it is a 'fundamentally new electronic warfare system' which can be mounted on ground-based as well as air- and sea-borne carriers.However, it has refused to reveal how the system works.
  • Russia has claimed to have built a revolutionary new weapon system that can render enemy satellites and weapons useless.Its Russian makers say it is a 'fundamentally new electronic warfare system' which can be mounted on ground-based as well as air- and sea-borne carriers.However, it has refused to reveal how the system works.Scroll down for video 
  • It is described as 'a fundamentally new electronic warfare system capable of suppressing cruise missile and other high-precision weaponry guidance systems and satellite radio-electronic equipment.''The system will target the enemy's deck-based, tactical, long-range and strategic aircraft, electronic means and suppress foreign military satellites' radio-electronic equipment,,' Russia's Radio-Electronic Technologies Group (KRET) Deputy CEO Yuri Mayevsky told Russian news agency TASS. To comply with international weapons laws, the system will be mounted on ground-based, air-and seaborne carriers and not on satellites. 'It will fully suppress communications, navigation and target location and the use of high-precision weapons,' said adviser to the KRET first deputy CEO Vladimir Mikheyev. 'The system will be used against cruise missiles and will suppress satellite-based radio location systems. 
  • ...2 more annotations...
  • 'It will actually switch off enemy weapons.'The system's ground component will be tested soon, he claims. 'Ground tests are now going on in workshops. '
  • 'At the end of the year, the system's component will leave the factory gates for trials at testing ranges,' he said. Earlier this month, the Russian military test-fired a short-range anti-missile system, which successfully destroyed a simulated target at the designated time.'The launch was aimed at confirming the performance characteristics of missile defense shield anti-missiles operational in the Aerospace Defense Forces,' the Russian defense ministry said at the time. 
  • Paul Merrell on 07 Jul 15
     
    Recall the report about a year ago of a U.S. naval destroyer in the Black Sea having its entire Aegis defense control system electronically disabled by a Russian jet that made a dozen or so low-level passes over the ship. 
Paul Merrell

Ex-CIA agent convicted in Italy fights to stay in Portugal | News , World | THE DAILY STAR - 0 views

dailystar.com.lb/...ights-to-stay-in-portugal.ashx

war & peace CIA torture rendition Italy litigation extradition

shared by Paul Merrell on 11 Oct 15 - No Cached
  • LISBON: A former CIA operative convicted of kidnapping an Egyptian cleric in Milan as part of the U.S. extraordinary renditions program is fighting against being sent to Italy to serve the six-year sentence she received in absentia there, a Portuguese court official said Friday.Sabrina De Sousa, who has both U.S. and Portuguese citizenship, was arrested at Lisbon's international airport Monday on a European arrest warrant issued by Italy.She told a judge on Tuesday she wants to stay in Portugal, where she has been living recently, Luis Vaz das Neves, president of the Lisbon court handling her case, told The Associated Press on Friday.De Sousa also "expressed a wish to serve her sentence, if she has to serve it, here in Portugal," he said.De Sousa was among 26 Americans, mostly CIA agents, convicted in absentia in the kidnapping of Milan cleric Osama Moustafa Hassan Nasr, known as Abu Omar, from a Milan street on Feb. 17, 2003.De Sousa claims she was never notified of the Italian court decision, according to Vaz das Neves.
  • De Sousa handed both her passports over to the Lisbon court, which gave her 10 days to provide written arguments against her extradition. In the meantime, she must report weekly to a police station.The court believed she was not a flight risk, Vaz das Neves said, since she had a return plane ticket to Lisbon, is a Portuguese citizen and says she wants to settle here.De Sousa, who operated for the CIA under diplomatic cover, was initially acquitted due to diplomatic immunity but was found guilty by Italy's highest court in 2014.The Indian-born De Sousa came out against the U.S. decision not to allow the American defendants to get their own lawyers near the end of the first trial, eventually winning permission to have her own counsel. De Sousa said she was concerned about losing her freedom to visit family in India.
  • Vaz das Neves said De Sousa was trying to fly to Goa, a one-time Portuguese territory in India, to see her 89-year-old mother when she was arrested. She was due back in Portugal on Oct. 27.Asked why De Sousa was not caught earlier, Vaz das Neves said Portuguese authorities were aware of the warrant but police had no record of her residing here.De Sousa's lawyer in Lisbon said neither he nor his client would give interviews until the extradition case was resolved.But De Sousa acknowledged in published comments that she had endangered her freedom by trying to travel across a border."I knew I was taking a risk, but at some point I want to live (in Portugal) as a free citizen, and this needs to be resolved," De Sousa told Vice News in an article Thursday.After De Sousa presents her arguments, the court has 10 days to respond. The Portuguese Constitution prohibits the extradition of nationals, but Vaz das Neves said the court will also have to take European Union laws into account.
Paul Merrell

Victims File Suit Against CIA Torture Architects for 'Systemic Brutality' | Global Rese... - 0 views

www.globalresearch.ca/...5482131

war & peace CIA psychologists torture rendition litigation ACLU

shared by Paul Merrell on 15 Oct 15 - No Cached
  • The two psychologists credited with creating the brutal, post-9/11 Central Intelligence Agency (CIA) torture regime are being sued by three victims of their program on charges that include “human experimentation” and “war crimes.” The American Civil Liberties Union (ACLU) on Tuesday filed the suit against CIA contractors James Mitchell and Bruce Jessen, on behalf of torture survivors Suleiman Abdullah Salim and Mohamed Ahmed Ben Soud, as well as the family of Gul Rahman, who died of hypothermia in his cell as result of the torture he endured. The suit, which is the first to rely on the findings of the Senate Intelligence Committee report on CIA torture, charges Mitchell and Jessen under the Alien Tort Statute for “their commission of torture, cruel, inhuman, and degrading treatment; non-consensual human experimentation; and war crimes,” all of which violate international law. The pair, both former U.S. military psychologists, earned more than $80 million for “designing, implementing, and personally administering” the program, which employed “a pseudo-scientific theory of countering resistance that justified the use of torture,” that was based on studies in which researchers “taught dogs ‘helplessness’ by subjecting them to uncontrollable pain,” according to the suit.
  • “These psychologists devised and supervised an experiment to degrade human beings and break their bodies and minds,” said Dror Ladin, a staff attorney with the ACLU National Security Project. “It was cruel and unethical, and it violated a prohibition against human experimentation that has been in place since World War II.” In a lengthy report, the ACLU describes each plaintiff’s journey.
  • According to the report, the torture regime designed and implemented by Mitchell and Jessen “ensnared at least 119 men, and killed at least one—a man named Gul Rahman who died in November 2002 of hypothermia after being tortured and left half naked, chained to the wall of a freezing-cold cell.” Gul’s family has never been formally notified of his death, nor has his body been returned to them for a dignified burial, the ACLU states. Further, no one has been held accountable for his murder. But the report notes, “An unnamed CIA officer who was trained by Jessen and who tortured Rahman up until the day before he was found dead, however, later received a $2,500 bonus for ‘consistently superior work.’” The ACLU charges that the theories devised by Mitchell and Jessen and employed by the CIA, “had never been scientifically tested because such trials would violate human experimentation bans established after Nazi experiments and atrocities during World War II.” Yet, they were the basis of “some of the worst systematic brutality ever inflicted on detainees in modern American history.” Despite last year’s release of the Senate Torture Report, the government has prosecuted only a handful of low-level soldiers and one CIA contractor for prisoner abuse. Meanwhile, the architects of the CIA’s torture program, which include Mitchell and Jessen, have escaped any form of accountability.
Gary Edwards

The People vs. Goldman Sachs | Rolling Stone Politics - 0 views

www.rollingstone.com/...ople-vs-goldman-sachs-20110511

banksters matt-taibbi goldman-sachs rolling-stone financial-collapse financial-oligarchs Banksters

shared by Gary Edwards on 13 May 11 - No Cached
  • Gary Edwards on 13 May 11
     
    Matt Taibbi continues to track the dusty trail of Banksters and criminal politicos.  What an amazing story! intro: They weren't murderers or anything; they had merely stolen more money than most people can rationally conceive of, from their own customers, in a few blinks of an eye. But then they went one step further. They came to Washington, took an oath before Congress, and lied about it. Thanks to an extraordinary investigative effort by a Senate subcommittee that unilaterally decided to take up the burden the criminal justice system has repeatedly refused to shoulder, we now know exactly what Goldman Sachs executives like Lloyd Blankfein and Daniel Sparks lied about. We know exactly how they and other top Goldman executives, including David Viniar and Thomas Montag, defrauded their clients. America has been waiting for a case to bring against Wall Street. Here it is, and the evidence has been gift-wrapped and left at the doorstep of federal prosecutors, evidence that doesn't leave much doubt: Goldman Sachs should stand trial.
Paul Merrell

Turkish court seeks military arrests of Israelis over ship killings | Reuters - 0 views

www.reuters.com/...y-israel-idUSBREA4P0AO20140526

war & peace Israel Palestine Turkey Mavi-Marmara piracy

shared by Paul Merrell on 29 May 14 - No Cached
  • (Reuters) - A Turkish court has issued arrest warrants on Monday for four former Israeli military commanders who are on trial in absentia over the 2010 killing of nine Turks on a Gaza-bound aid ship, Turkish media reports said. The move came after months of negotiations between Turkey and Israel to end a diplomatic crisis over the Israeli commando raid on the Mavi Marmara, a Turkish ship challenging Israel's naval blockade of Palestinian-run Gaza Strip in 2010.Eight Turks and a Turkish-American died during the operation and a Turkish man, Suleyman Ugur Soylemez, died in hospital on Friday night after four years in a coma since the raid.
  • The court ordered the arrest of former Chief of General Staff Gabi Ashkenazi, ex-Navy Commander Eliezer Marom, ex-Air Force Commander Amos Yadlin and ex-head of Air Force intelligence head Avishay Levi, the newspaper Hurriyet said on its website.Turkish prosecutors have already sought multiple life sentences for the now-retired Israeli officers over their involvement in the killings. Among the charges listed in the 144-page indictment are "inciting murder through cruelty or torture" and "inciting injury with firearms".Although the indictment was handed up in 2012, no arrest warrants were issued then. The court said on Monday it would seek the issue of Interpol 'red notices' for the arrest of the four former generals.
  • Paul Merrell on 29 May 14
     
    A Turkish court proceeds with criminal prosecution of high Israeli military commanders responsible for the Mavi-Marmara piracy in which nine humanitarian aid workers were murdered in international waters. One of the nine had dual U.S.-Turkish citizenship but the U.S. government has taken no legal action,     
Paul Merrell

United States v. United States Dist. Court for Eastern Dist. of Mich., 407 US 297 - Sup... - 0 views

scholar.google.com/scholar_case

surveillance state 4th Amendment constitutional law

shared by Paul Merrell on 27 Dec 13 - No Cached
  • But a recognition of these elementary truths does not make the employment by Government of electronic surveillance a welcome development—even when employed with restraint and under judicial supervision. There is, understandably, a deep-seated uneasiness and apprehension that this capability will be used to intrude upon cherished privacy of law-abiding citizens.[13] We 313*313 look to the Bill of Rights to safeguard this privacy. Though physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed, its broader spirit now shields private speech from unreasonable surveillance. Katz v. United States, supra; Berger v. New York, supra; Silverman v. United States, 365 U. S. 505 (1961). Our decision in Katz refused to lock the Fourth Amendment into instances of actual physical trespass. Rather, the Amendment governs "not only the seizure of tangible items, but extends as well to the recording of oral statements . . . without any `technical trespass under . . . local property law.'" Katz, supra, at 353. That decision implicitly recognized that the broad and unsuspected governmental incursions into conversational privacy which electronic surveillance entails[14] necessitate the application of Fourth Amendment safeguards.
  • National security cases, moreover, often reflect a convergence of First and Fourth Amendment values not present in cases of "ordinary" crime. Though the investigative duty of the executive may be stronger in such cases, so also is there greater jeopardy to constitutionally protected speech. "Historically the struggle for freedom of speech and press in England was bound up with the issue of the scope of the search and seizure 314*314 power," Marcus v. Search Warrant, 367 U. S. 717, 724 (1961). History abundantly documents the tendency of Government—however benevolent and benign its motives —to view with suspicion those who most fervently dispute its policies. Fourth Amendment protections become the more necessary when the targets of official surveillance may be those suspected of unorthodoxy in their political beliefs. The danger to political dissent is acute where the Government attempts to act under so vague a concept as the power to protect "domestic security." Given the difficulty of defining the domestic security interest, the danger of abuse in acting to protect that interest becomes apparent. Senator Hart addressed this dilemma in the floor debate on § 2511 (3):
  • "As I read it—and this is my fear—we are saying that the President, on his motion, could declare— name your favorite poison—draft dodgers, Black Muslims, the Ku Klux Klan, or civil rights activists to be a clear and present danger to the structure or existence of the Government."[15] The price of lawful public dissent must not be a dread of subjection to an unchecked surveillance power. Nor must the fear of unauthorized official eavesdropping deter vigorous citizen dissent and discussion of Government action in private conversation. For private dissent, no less than open public discourse, is essential to our free society.
  • ...8 more annotations...
  • As the Fourth Amendment is not absolute in its terms, our task is to examine and balance the basic values at stake in this case: the duty of Government 315*315 to protect the domestic security, and the potential danger posed by unreasonable surveillance to individual privacy and free expression. If the legitimate need of Government to safeguard domestic security requires the use of electronic surveillance, the question is whether the needs of citizens for privacy and free expression may not be better protected by requiring a warrant before such surveillance is undertaken. We must also ask whether a warrant requirement would unduly frustrate the efforts of Government to protect itself from acts of subversion and overthrow directed against it. Though the Fourth Amendment speaks broadly of "unreasonable searches and seizures," the definition of "reasonableness" turns, at least in part, on the more specific commands of the warrant clause. Some have argued that "[t]he relevant test is not whether it is reasonable to procure a search warrant, but whether the search was reasonable," United States v. Rabinowitz, 339 U. S. 56, 66 (1950).[16] This view, however, overlooks the second clause of the Amendment. The warrant clause of the Fourth Amendment is not dead language. Rather, it has been
  • "a valued part of our constitutional law for decades, and it has determined the result in scores and scores of cases in courts all over this country. It is not an inconvenience to be somehow `weighed' against the claims of police efficiency. It is, or should 316*316 be, an important working part of our machinery of government, operating as a matter of course to check the `well-intentioned but mistakenly overzealous executive officers' who are a part of any system of law enforcement." Coolidge v. New Hampshire, 403 U. S., at 481. See also United States v. Rabinowitz, supra, at 68 (Frankfurter, J., dissenting); Davis v. United States, 328 U. S. 582, 604 (1946) (Frankfurter, J., dissenting). Over two centuries ago, Lord Mansfield held that common-law principles prohibited warrants that ordered the arrest of unnamed individuals who the officer might conclude were guilty of seditious libel. "It is not fit," said Mansfield, "that the receiving or judging of the information should be left to the discretion of the officer. The magistrate ought to judge; and should give certain directions to the officer." Leach v. Three of the King's Messengers, 19 How. St. Tr. 1001, 1027 (1765).
  • Lord Mansfield's formulation touches the very heart of the Fourth Amendment directive: that, where practical, a governmental search and seizure should represent both the efforts of the officer to gather evidence of wrongful acts and the judgment of the magistrate that the collected evidence is sufficient to justify invasion of a citizen's private premises or conversation. Inherent in the concept of a warrant is its issuance by a "neutral and detached magistrate." Coolidge v. New Hampshire, supra, at 453; Katz v. United States, supra, at 356. The further requirement of "probable cause" instructs the magistrate that baseless searches shall not proceed. These Fourth Amendment freedoms cannot properly be guaranteed if domestic security surveillances may be conducted solely within the discretion of the Executive 317*317 Branch. The Fourth Amendment does not contemplate the executive officers of Government as neutral and disinterested magistrates. Their duty and responsibility are to enforce the laws, to investigate, and to prosecute. Katz v. United States, supra, at 359-360 (DOUGLAS, J., concurring). But those charged with this investigative and prosecutorial duty should not be the sole judges of when to utilize constitutionally sensitive means in pursuing their tasks. The historical judgment, which the Fourth Amendment accepts, is that unreviewed executive discretion may yield too readily to pressures to obtain incriminating evidence and overlook potential invasions of privacy and protected speech.[17]
  • It may well be that, in the instant case, the Government's surveillance of Plamondon's conversations was a reasonable one which readily would have gained prior judicial approval. But this Court "has never sustained a search upon the sole ground that officers reasonably expected to find evidence of a particular crime and voluntarily confined their activities to the least intrusive means consistent with that end." Katz, supra, at 356-357. The Fourth Amendment contemplates a prior judicial judgment,[18] not the risk that executive discretion may be reasonably exercised. This judicial role accords with our basic constitutional doctrine that individual freedoms will best be preserved through a separation of powers and division of functions among the different branches and levels of Government. Harlan, Thoughts at a Dedication: Keeping the Judicial Function in Balance, 49 A. B. A. J. 943-944 (1963). The independent check upon executive discretion is not 318*318 satisfied, as the Government argues, by "extremely limited" post-surveillance judicial review.[19] Indeed, post-surveillance review would never reach the surveillances which failed to result in prosecutions. Prior review by a neutral and detached magistrate is the time-tested means of effectuating Fourth Amendment rights. Beck v. Ohio, 379 U. S. 89, 96 (1964).
  • But we do not think a case has been made for the requested departure from Fourth Amendment standards. The circumstances described do not justify complete exemption of domestic security surveillance from prior judicial scrutiny. Official surveillance, whether its purpose be criminal investigation or ongoing intelligence gathering, risks infringement of constitutionally protected privacy of speech. Security surveillances are especially sensitive because of the inherent vagueness of the domestic security concept, the necessarily broad and continuing nature of intelligence gathering, and the temptation to utilize such surveillances to oversee political dissent. We recognize, as we have before, the constitutional basis of the President's domestic security role, but we think it must be exercised in a manner compatible with the Fourth Amendment. In this case we hold that this requires an appropriate prior warrant procedure. We cannot accept the Government's argument that internal security matters are too subtle and complex for judicial evaluation. Courts regularly deal with the most difficult issues of our society. There is no reason to believe that federal judges will be insensitive to or uncomprehending of the issues involved in domestic security cases. Certainly courts can recognize that domestic security surveillance involves different considerations from the surveillance of "ordinary crime." If the threat is too subtle or complex for our senior law enforcement officers to convey its significance to a court, one may question whether there is probable cause for surveillance.
  • Nor do we believe prior judicial approval will fracture the secrecy essential to official intelligence gathering. The investigation of criminal activity has long 321*321 involved imparting sensitive information to judicial officers who have respected the confidentialities involved. Judges may be counted upon to be especially conscious of security requirements in national security cases. Title III of the Omnibus Crime Control and Safe Streets Act already has imposed this responsibility on the judiciary in connection with such crimes as espionage, sabotage, and treason, §§ 2516 (1) (a) and (c), each of which may involve domestic as well as foreign security threats. Moreover, a warrant application involves no public or adversary proceedings: it is an ex parte request before a magistrate or judge. Whatever security dangers clerical and secretarial personnel may pose can be minimized by proper administrative measures, possibly to the point of allowing the Government itself to provide the necessary clerical assistance.
  • Thus, we conclude that the Government's concerns do not justify departure in this case from the customary Fourth Amendment requirement of judicial approval prior to initiation of a search or surveillance. Although some added burden will be imposed upon the Attorney General, this inconvenience is justified in a free society to protect constitutional values. Nor do we think the Government's domestic surveillance powers will be impaired to any significant degree. A prior warrant establishes presumptive validity of the surveillance and will minimize the burden of justification in post-surveillance judicial review. By no means of least importance will be the reassurance of the public generally that indiscriminate wiretapping and bugging of law-abiding citizens cannot occur.
  • As the surveillance of Plamondon's conversations was unlawful, because conducted without prior judicial approval, the courts below correctly held that Alderman v. United States, 394 U. S. 165 (1969), is controlling and that it requires disclosure to the accused of his own impermissibly intercepted conversations. As stated in Alderman, "the trial court can and should, where appropriate, place a defendant and his counsel under enforceable orders against unwarranted disclosure of the materials which they may be entitled to inspect." 394 U. S., at 185.[21]
Paul Merrell

Guantánamo Inmate's Case Reignites Fight Over Detentions - NYTimes.com - 0 views

www.nytimes.com/...-feed-guantanamo-detainee.html

war & peace Gitmo-detainees force-feeding

shared by Paul Merrell on 26 May 14 - No Cached
  • The seemingly unending struggle over Guantánamo Bay — the prison President Obama vowed to close shortly after he was sworn in — is again reverberating over an “anguishing” case of force-feeding a Syrian detainee.The case involves Jihad Ahmed Mujstafa Diyab, a Syrian who has been held for 12 years without a trial, and who has gone on prolonged hunger strikes. Late Thursday, a Federal District Court judge lifted an order barring his force-feeding, even as she rebuked the military for using procedures that she said caused “agony.”
  • Mr. Diyab was recommended for transfer more than four years ago, but officials fear repatriating him because of the chaos in Syria and the apparent death sentence.In February, the president of Uruguay offered to allow him to be released there, but Defense Secretary Chuck Hagel, who has the final say under restrictions imposed by Congress, has not signed off on the transfer.
  • Mr. Diyab’s defense team recently learned that some videotapes of forcible cell extractions and force-feeding of Mr. Diyab and other detainees exist, and on Wednesday, Judge Kessler ordered the military to turn 34 such tapes over to his lawyers.
Paul Merrell

M of A - Media Neglect Turkish False Flag Attack Leak And Its Implications - 0 views

www.moonofalabama.org/...leak-and-its-implications.html

war & peace Syria Turkey false-flag NATO

shared by Paul Merrell on 30 Mar 14 - No Cached
  • Some more thoughts on the leaked tape from a meeting in the Turkish foreign ministry which is only very selectively reported in "western" media. A video with recorded voices and English text is available as is the seemingly complete text in two parts. The setting of the recording is this: The voices of the illegal recording believed to belong to Davutoğlu, National Intelligence Organization (MİT) Hakan Fidan, Foreign Ministry Undersecretary Feridun Sinirlioğlu, and Deputy Chief of General Staff Gen. Yaşar Gürel. According to the information obtained from sources, the recording consists of a chat between four officials in Davutoğlu’s office before the commencement of the official meeting with the participation of more civil and military bureaucrats in another room at the Foreign Ministry. It is not clear when exactly the meeting happened. It would fit the situation late last year or early 2014.
  • The major points from my view: Turkey has delivered 2,000 trucks of weapons and ammunition to the insurgents in Syria. There are plans for false flag attacks on Turkey or Turkish property to justify an attack from Turkey on Syria. The Turkish military has great concerns going into and fighting Syria. The general atmosphere between these deciders is one of indecisiveness. Everyone seems to be unclear what Erdogan wants and is waiting for clear orders from above. U.S. military has shortly before the meeting presented fresh plans for a no-fly one over Syria. Then there is the fact in itself that this tape and others leaked. Internal government communication in Turkey and personal communication of Turkish official has been thoroughly compromised. This will hinder future decision making and will erode any trust Turkish government allies may have in it.
  • It is somewhat astonishing how "western" media avoid the content of the leaked tape. An AP report on it makes a lot of the youtube blocking the Turkish government ordered in reaction to the tape. Of the recording itself the AP only mentions this: The four are allegedly heard discussing a military intervention in neighboring Syria, a sensitive political issue in Turkey, although the context of the conversation is not clear. The Washington Post filed that AP report under Technology. This is an incredible disservice to its readers. The Guardian report based on Reuters is not any better: The move by the TIB came hours after an anonymous YouTube account posted a leaked audio recording allegedly of a confidential conversation between Turkish intelligence chief Hakan Fidan, foreign minister Ahmet Davutoglu, undersecretary of the foreign ministry Feridun Sinirlioglu and deputy chief of the general staff, Yasar Gürel, discussing possible military action in Syria. There is no mentioning at all of the false flag attack. The Wall Street Journal comes somewhat nearer to the truth: ... a leaked recording published anonymously on the platform purported to reveal a conversation in which Turkey's foreign minister, spy chief and a top general appear to discuss how to create a pretext for a possible Turkish attack within Syria. For once kudos to the NYT which at least touches one point but leaves out the other important ones: ... the officials were heard discussing a plot to establish a justification for military strikes in Syria. One option that is said to have been discussed was orchestrating an attack on the Tomb of Suleyman Shah ... German media did not do any better.
  • ...2 more annotations...
  • A NATO ally is planning a false flag attack on its own territory which would implicate NATO Article 5 and other NATO countries' forces and the media do not even touch the issue? This is ludicrous. Related to the Syria issue is another thinly sourced trial balloon, the tenth or so, by the unofficial CIA spokesperson David Ignatius in the Washington Post: The Obama administration, stung by reversals in Ukraine and Syria, appears to have decided to expand its covert program of training and assistance for the Syrian opposition, deepening U.S. involvement in that brutal and stalemated civil war. ... Details of the plan were still being debated Thursday, but its likely outlines were described by knowledgeable officials: ... It follows the list of issues that have been discussed on and on over the last three years, more CIA training for insurgents in Jordan, more weapons, maybe some MANPADs. Ignatius source is here seems to be the CIA friends in the Syrian opposition: The expanded program would “send a clear message to the Assad regime that there is no military solution to the struggle,” according to a March memo to the White House from the opposition. Assad “has no incentive to talk” now, the memo argued, because he thinks he is winning. The rationale, bluntly stated, is that to reach an eventual diplomatic settlement in Syria, it is necessary now to escalate the conflict militarily. This has been a hard pill for Obama to swallow, but prodded by the Saudis, he seems to have reached that point.
  • There are so many caveats in here - "appears to have decided", 2still being debated", "seems to have reached that point" - that I do not believe a word of it. The loudly announced, by Ignatius and others, attack on south Syria has yet to appear and the halfhearted attack by the Turkish supported Jihadists in the north seems to be stuck. I do not anticipate any bigger action by Turkey or the U.S. especially as the such action right now would likely lead to harsher reaction by Russia.
  • Paul Merrell on 30 Mar 14
     
    "A NATO ally is planning a false flag attack on its own territory which would implicate NATO Article 5 and other NATO countries' forces and the media do not even touch the issue? This is ludicrous." Beyond ludicrous. If a NATO member is attacked, all NATO nations are required by treaty to come to that nation's military aid. That Turkey is planning a false flag attack on Syria that could force us into a war deserves far more widespread news coverage.
Paul Merrell

Wanted! Obama » CounterPunch: Tells the Facts, Names the Names - 0 views

www.counterpunch.org/...cyberwarfare-in-high-gear

surveillance state Obama China U.S.-foreign-policy cyberwar

shared by Paul Merrell on 23 May 14 - No Cached
  • It is as though Edward Snowden’s disclosures had never been made, or the US practices in themselves perpetrated. Yet AG Holder with all the majesty of office declares China engaged in criminal economic espionage against America, even DOJ issuing “wanted” posters, pictures and names, of five army officers to stand trial in Pennsylvania for cyberattacks on US corporations and the Steelworkers’ Union. More like it would be, the International Criminal Court issuing an Obama “wanted” poster for war crimes that include intervention, regime change, and assassination, and the World Trade Organization (if it were not dominated already by the US) for the exact kind of espionage Holder charges against China. If we are to be symmetrical, how about a Beijing court issuing subpoenas, accompanied by “wanted” posters for five members of OTNS (Obama Team National Security), say, Clapper, Rice, Comey, Brennan, and Dempsey? The chance of US honoring the request for the extradition of its five, is about as slim as China honoring the request for extraditing, though at a lower functional level in policy making and execution, its five—perhaps selected at random, unless the US has hacked into the computers of, or placed informants in (or both)–the People’s Liberation Army (PLA Unit61398).
  • Paul Merrell on 23 May 14
     
    Interesting essay on the foolishness of the Obama Administrations criminal charges against five Chinese generals for cyber-espionage. 
Paul Merrell

FBI says search warrants not needed to use "stingrays" in public places | Ars Technica - 0 views

arstechnica.com/...se-stringrays-in-public-places

surveillance state stingrays DoJ privacy 4th Amendment

shared by Paul Merrell on 08 Jan 15 - No Cached
  • The Federal Bureau of Investigation is taking the position that court warrants are not required when deploying cell-site simulators in public places. Nicknamed "stingrays," the devices are decoy cell towers that capture locations and identities of mobile phone users and can intercept calls and texts. The FBI made its position known during private briefings with staff members of Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) and Sen. Chuck Grassley (R-Iowa). In response, the two lawmakers wrote Attorney General Eric Holder and Homeland Security chief Jeh Johnson, maintaining they were "concerned about whether the FBI and other law enforcement agencies have adequately considered the privacy interests" of Americans. According to the letter, which was released last week: For example, we understand that the FBI’s new policy requires FBI agents to obtain a search warrant whenever a cell-site simulator is used as part of a FBI investigation or operation, unless one of several exceptions apply, including (among others): (1) cases that pose an imminent danger to public safety, (2) cases that involve a fugitive, or (3) cases in which the technology is used in public places or other locations at which the FBI deems there is no reasonable expectation of privacy.
  • The letter was prompted in part by a Wall Street Journal report in November that said the Justice Department was deploying small airplanes equipped with cell-site simulators that enabled "investigators to scoop data from tens of thousands of cellphones in a single flight, collecting their identifying information and general location." The bureau's position on Americans' privacy isn't surprising. The Obama Administration has repeatedly maintained that the public has no privacy in public places. It began making that argument as early as 2010, when it told a federal appeals court that the authorities should be allowed to affix GPS devices on vehicles and track a suspect's every move without court authorization. The Supreme Court, however, eventually ruled that warrants are required. What's more, the administration has argued that placing a webcam with pan-and-zoom capabilities on a utility pole to spy on a suspect at his or her residence was no different from a police officer's observation from the public right-of-way. A federal judge last month disagreed with the government's position, tossing evidence gathered by the webcam that was operated from afar.
  • In their letter, Leahy and Grassley complained that little is known about how stingrays, also known as ISMI catchers, are used by law enforcement agencies. The Harris Corp., a maker of the devices from Florida, includes non-disclosure clauses with buyers. Baltimore authorities cited a non-disclosure agreement to a judge in November as their grounds for refusing to say how they tracked a suspect's mobile phone. They eventually dropped charges rather than disclose their techniques. Further, sometimes the authorities simply lie to judges about their use or undertake other underhanded methods to prevent the public from knowing that the cell-site simulators are being used.
  • ...1 more annotation...
  • Hanni Fakhoury, an attorney for the Electronic Frontier Foundation, said some states and judges are pushing back against stingrays. "In Tacoma, judges now require police (to) specifically note they plan to use an IMSI catcher and promise not to store data collected from people who are not investigation targets," he said. "The Florida and Massachusetts state supreme courts ruled warrants were necessary for real-time cell phone tracking. Nine states—Colorado, Illinois, Indiana, Maryland, Minnesota, Tennessee, Utah, Virginia, and Wisconsin—passed laws specifically requiring police to use a warrant to track a cell phone in real time."
  • Paul Merrell on 08 Jan 15
     
    Is there any problem here that couldn't be cured by discharge and public flogging for any government official caught using information derived from a stingray?
Paul Merrell

F.B.I. and Justice Dept. Said to Seek Charges for Petraeus - NYTimes.com - 0 views

www.nytimes.com/...former-gen-david-petraeus.html

Patraeus criminal-investigation DoJ Holder leaks

shared by Paul Merrell on 12 Jan 15 - No Cached
  • The F.B.I. and Justice Department prosecutors have recommended bringing felony charges against David H. Petraeus, contending that he provided classified information to a lover while he was director of the C.I.A., officials said, and leaving Attorney General Eric H. Holder Jr. to decide whether to seek an indictment that could send the pre-eminent military officer of his generation to prison.The Justice Department investigation stems from an affair Mr. Petraeus had with Paula Broadwell, an Army Reserve officer who was writing his biography, and focuses on whether he gave her access to his C.I.A. email account and other highly classified information.F.B.I. agents discovered classified documents on her computer after Mr. Petraeus resigned from the C.I.A. in 2012 when the affair became public.
  • Mr. Petraeus, a retired four-star general who served as commander of American forces in both Iraq and Afghanistan, has said he never provided classified information to Ms. Broadwell, and has indicated to the Justice Department that he has no interest in a plea deal that would spare him an embarrassing trial. A lawyer for Mr. Petraeus, Robert B. Barnett, said Friday he had no comment.
  • Mr. Holder was expected to decide by the end of last year whether to bring charges against Mr. Petraeus, but he has not indicated how he plans to proceed. The delay has frustrated some Justice Department and F.B.I. officials and investigators who have questioned whether Mr. Petraeus has received special treatment at a time Mr. Holder has led a crackdown on government officials who reveal secrets to journalists.The protracted process has also frustrated Mr. Petraeus’s friends and political allies, who say it is unfair to keep the matter hanging over his head. Senator John McCain, Republican of Arizona, wrote to Mr. Holder last month that the investigation had deprived the nation of wisdom from one of its most experienced leaders.“At this critical moment in our nation’s security,” he wrote, “Congress and the American people cannot afford to have his voice silenced or curtailed by the shadow of a long-running, unresolved investigation marked by leaks from anonymous sources.”
Paul Merrell

How spy agencies keep their 'toys' from law enforcement - The Washington Post - 0 views

www.washingtonpost.com/...-its-toys-from-law-enforcement

surveillance state U.S. law-enforcement intelligence-agencies police-spy-tech

shared by Paul Merrell on 27 Jul 14 - No Cached
  • But the prospect that classified capabilities could be revealed in a criminal case has meant that the most sophisticated surveillance technologies are not always available to law enforcement because they are classified, current and former officials said. And sometimes it's not just the tool that is classified, but the existence itself of the capability — the idea that a certain type of communication can be wiretapped — that is secret. One former senior federal prosecutor said he knew of at least two instances where surveillance tools that the FBI criminal investigators wanted to use "got formally classified in a big hurry" to forestall the risk that the technique would be revealed in a criminal trial. "People on the national security side got incredibly wound up about it," said the former official, who like others interviewed on the issue spoke on condition of anonymity because of the topic’s sensitivity. "The bottom line is: Toys get taken away and put on a very, very high shelf. Only people in the intelligence community can use them."
  • In fact, because many online communications companies today — those that provide chat, instant message and other services — are not required by law to build intercept solutions into their platforms, the engineers at the FBI and the Drug Enforcement Administration are often tasked with finding ways to help the companies come up with solutions, former officials said. The DEA in particular was concerned that if it came up with a capability, the National Security Agency or CIA would rush to classify it, said a former Justice Department official. To adjudicate the issue, the government has a process headed by the attorney general to decide which capabilities should be classified. Law enforcement and intelligence agencies have a seat at the table.
Paul Merrell

Hillary Clinton Interview On German US Ties and Presidential Plans - SPIEGEL ONLINE - 0 views

www.spiegel.de/...esidential-plans-a-979812.html

Auction 2016 Hillary Snowden surveillance state

shared by Paul Merrell on 07 Aug 14 - No Cached
  • In an interview, Hillary Clinton discusses the growing gap between the rich and poor that threatens democracy, Americans' discontent with politics, her regrets over NSA spying on Chancellor Merkel's mobile phone and her potential presidential candidacy.
  • Clinton: You know, I think he is a poor messenger for the message that he's trying to take credit for. He came into the National Security Agency apparently with the purpose of trying to gather a lot of information, and most of what he gathered had nothing to do with surveillance in the United States, but obviously around the world. And I think he could have provoked the debate in our country without stealing and distributing material that was government property and was of some consequence. And then for him to go first to China and then to Russia raises a lot of questions, but he is going to have to make his own choices. If he returns to the United States, he will certainly stand trial, but he will have an opportunity to speak out and to make his case in both a legal way and a public fashion.
  • Paul Merrell on 07 Aug 14
     
    Hillary wants to prosecute Edward Snowden, who is my current favored candidate for the U.S. presidency in 2016. A man of demonstrated courage and a strong civil libertarian. What does Hillary have to offer other than unbending loyalty to the War Party?
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