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Paul Merrell

The CIA Just Declassified the Document That Supposedly Justified the Iraq Invasion | VI... - 0 views

  • Thirteen years ago, the intelligence community concluded in a 93-page classified document used to justify the invasion of Iraq that it lacked "specific information" on "many key aspects" of Iraqi President Saddam Hussein's weapons of mass destruction (WMD) programs.But that's not what top Bush administration officials said during their campaign to sell the war to the American public. Those officials, citing the same classified document, asserted with no uncertainty that Iraq was actively pursuing nuclear weapons, concealing a vast chemical and biological weapons arsenal, and posing an immediate and grave threat to US national security. Congress eventually concluded that the Bush administration had "overstated" its dire warnings about the Iraqi threat, and that the administration's claims about Iraq's WMD program were "not supported by the underlying intelligence reporting." But that underlying intelligence reporting — contained in the so-called National Intelligence Estimate (NIE) that was used to justify the invasion — has remained shrouded in mystery until now.
  • The CIA released a copy of the NIE in 2004 in response to a Freedom of Information Act (FOIA) request, but redacted virtually all of it, citing a threat to national security. Then last year, John Greenewald, who operates The Black Vault, a clearinghouse for declassified government documents, asked the CIA to take another look at the October 2002 NIE to determine whether any additional portions of it could be declassified.The agency responded to Greenewald this past January and provided him with a new version of the NIE, which he shared exclusively with VICE News, that restores the majority of the prewar Iraq intelligence that has eluded historians, journalists, and war critics for more than a decade. (Some previously redacted portions of the NIE had previously been disclosed in congressional reports.)
  • For the first time, the public can now read the hastily drafted CIA document [pdf below] that led Congress to pass a joint resolution authorizing the use of military force in Iraq, a costly war launched March 20, 2003 that was predicated on "disarming" Iraq of its (non-existent) WMD, overthrowing Saddam Hussein, and "freeing" the Iraqi people.A report issued by the government funded think-tank RAND Corporation last December titled "Blinders, Blunders and Wars" said the NIE "contained several qualifiers that were dropped…. As the draft NIE went up the intelligence chain of command, the conclusions were treated increasingly definitively."
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  • Thirteen years ago, the intelligence community concluded in a 93-page classified document used to justify the invasion of Iraq that it lacked "specific information" on "many key aspects" of Iraqi President Saddam Hussein's weapons of mass destruction (WMD) programs.But that's not what top Bush administration officials said during their campaign to sell the war to the American public. Those officials, citing the same classified document, asserted with no uncertainty that Iraq was actively pursuing nuclear weapons, concealing a vast chemical and biological weapons arsenal, and posing an immediate and grave threat to US national security. 
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    Confirmation that the intelligence was being fixed around the goal, but also that Bush2 and his administration stretched even that intelligence report beyond recognition. 
Paul Merrell

The Early Edition: September 9, 2016 | Just Security - 0 views

  • The US has sent 400 additional troops to bolster Iraqi forces preparing to retake the Islamic State-held city of Mosul, report Ben Kesling and Gordon Lubold at the Wall Street Journal.
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    More U.S. boots on the ground in Iraq and more mission creep. I'll take an informed guess that these will be mostly forward troops whose mission will be coordinating the targeting of U.S. coalition airstrikes. As such, they're likely to experience casualties among them. So much for Bush2's "mission accomplished" and Obama's "no-ground-troops," which is also one of Hillary's campaign promises. The Mosul offensive has been delayed for nearly two years because those billions of dollars we spent "building" the Iraqi Army forces mostly went into the pockets of government officials, with nearly all units consisting mostly of "ghost" soldiers who had no existence other than a name so officers could pocket their pay. But keep in mind that the U.S. goal in Iraq is not to win a war, but instead to keep Iraq and Syria in a state of destabilization, a war without end. That blocks the Iran-Iraq-Syria Friendship Pipeline and serves Israel's empirical ambitions.
Paul Merrell

Doctors Without Borders airstrike: MSF says 33 people still missing | World news | The ... - 0 views

  • Death toll of 22 could rise, with 24 staff and nine patients still unaccounted for five days after US strike on Médecins sans Frontières trauma centre in Kunduz
  • Thirty-three people are still missing five days after a US air strike on an Afghan hospital, Médecins sans Frontières (Doctors Without Borders) warned on Thursday, sparking fears the death toll could rise significantly. Saturday’s bombing in the disputed town of Kunduz killed 12 staff and 10 patients, prompting the medical aid agency to close the trauma centre.
  • President Barack Obama has apologised to MSF but three investigations – by the US military, by Nato and by Afghan officials – are underway and the general would not be drawn on their progress.
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  • MSF, which has condemned the attack as a war crime, is stressing the need for an international investigation, saying the raid contravened the Geneva Conventions.
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    The Obamas Administration has rejected calls for an investigation by a duly-constituted international body, saying that it has three investigations under way and an unblemished record of investigating and prosecuting misconduct by U.S. forces. This, from the President who refused to investigate and prosecute officials of the Bush2 administration for war crimes in invading Iraq and Afghanistan and refused to prosecute CIA torturers, insisting on legislation to retroactively immunize them. 
Paul Merrell

Crucial Background to New Redford Movie on Bush and Rather, Part 1 - WhoWhatWhy - 0 views

  • George W. Bush sent thousands of Americans to their deaths in wars that could have been avoided — while he himself dodged the draft as a young man. Dan Rather’s reporting on how Bush allegedly got away with it led to the famed television news anchorman’s spectacular downfall.A new film, Truth, starring Robert Redford as Rather, and Cate Blanchett as his producer Mary Mapes, claims to show what really happened. The film is about to open, and we haven’t seen it yet. But we thought you’d be interested in WhoWhatWhy editor Russ Baker’s own discoveries on the tricks behind the scenes to rewrite history — including indications that a trap was laid for Rather and Mapes, with the goal of scaring all media off the investigative trail. Here, from his best-seller Family of Secrets , are related excerpts. (This is the first of a two-part series.)
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    First of a 2-part series. Deep look at the cover-up of George W. Bush's abysmal military record.   
Paul Merrell

Smoking gun emails reveal 'deal in blood' George Bush and Tony Blair made as they secre... - 0 views

  • A bombshell White House memo has revealed for the first time details of the ‘deal in blood’ forged by George Bush and Tony Blair over the Iraq War.The damning memo, from secretary of state Colin Powell to president George Bush, was written on March 28, 2002, a week before Bush’s famous summit with Blair at his Crawford ranch in Texas.The Powell document, headed ‘Secret... Memorandum for the President’, lifts the lid on how Blair and Bush secretly plotted the war behind closed doors at Crawford. In it, Powell tells Bush that Blair ‘will be with us’ on military action. Powell assures the president: ‘The UK will follow our lead’.The classified document also discloses that Blair agreed to act as a glorified spin doctor for the president by presenting ‘public affairs lines’ to convince a skeptical public that Saddam had Weapons of Mass Destruction - when none existed.In return, the president would flatter Blair’s ego and give the impression that Britain was not America’s poodle but an equal partner in the ‘special relationship’. 
  • The sensational leak shows that Blair had given an unqualified pledge to sign up to the conflict a year before the invasion started.It flies in the face of the UK Prime Minister’s public claims at the time that he was seeking a diplomatic solution to the crisis.He told voters: ‘We’re not proposing military action’ - in direct contrast to what the secret email now reveals. 
  • The disclosure is certain to lead for calls for Sir John Chilcot to reopen his inquiry into the Iraq War if, as is believed, he has not seen the Powell memo.A second explosive memo from the same cache also reveals how Bush used ‘spies’ in the Labour Party to help him to manipulate British public opinion in favor of the war.The documents, obtained by The Mail on Sunday, are part of a batch of secret emails held on the private server of Democratic presidential candidate Hillary Clinton which U.S. courts have forced her to reveal.Former UK Conservative shadow home secretary David Davis said: ‘The memos prove in explicit terms what many of us have believed all along: Tony Blair effectively agreed to act as a frontman for American foreign policy in advance of any decision by the House of Commons or the British Cabinet.
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  • ‘He was happy to launder George Bush’s policy on Iraq and sub-contract British foreign policy to another country without having the remotest ability to have any real influence over it. And in return for what?'For George Bush pretending Blair was a player on the world stage to impress voters in the UK when the Americans didn’t even believe it themselves’.Davis was backed by a senior diplomat with close knowledge of Blair-Bush relations who said: ‘This memo shows beyond doubt for the first time Blair was committed to the Iraq War before he even set foot in Crawford.'And it shows how the Americans planned to make Blair look an equal partner in the special relationship to bolster his position in the UK.’Blair’s spokesman insisted last night that Powell’s memo was ‘consistent with what he was saying publicly at the time’.The former Prime Minister has always hotly denied the claim that the two men signed a deal ‘in blood’ at Crawford to embark on the war, which started on March 20, 2003. Powell says to Bush: ‘He will present to you the strategic, tactical and public affairs lines that he believes will strengthen global support for our common cause,’ adding that Blair has the presentational skills to ‘make a credible public case on current Iraqi threats to international peace’.Five months after the summit, Downing Street produced the notorious ‘45 minutes from doom’ dossier on Saddam Hussein’s supposed Weapons of Mass Destruction. After Saddam was toppled, the dossier’s claims were exposed as bogus.Nowhere in the memo is a diplomatic route suggested as the preferred option.
  • Instead, Powell says that Blair will also advise on how to ‘handle calls’ for the ‘blessing’ of the United Nations Security Council, and to ‘demonstrate that we have thought through “the day after” ’ – in other words, made adequate provision for a post-Saddam Iraq.Critics of the war say that the lack of post-conflict planning has contributed to the loss of more than 100,000 lives since the invasion – and a power vacuum which has contributed to the rise of Islamic State terrorism.Significantly, Powell warns Bush that Blair has hit ‘domestic turbulence’ for being ‘too pro-U.S. in foreign and security policy, too arrogant and “presidential” ’, which Powell points out is ‘not a compliment in the British context’.Powell also reveals that the splits in Blair’s Cabinet were deeper than was realized: he says that apart from Foreign Secretary Jack Straw and Defence Secretary Geoff Hoon, ‘Blair’s Cabinet shows signs of division, and the British public are unconvinced that military action is warranted now’.Powell says that although Blair will ‘stick with us on the big issues’, he wants to minimisze the ‘political price’ he would have to pay: ‘His voters will look for signs that Britain and America are truly equity partners in the special relationship.’The president certainly did his best to flatter Blair’s ego during the Crawford summit, where he was the first world leader to be invited into Bush’s sanctuary for two nights.
  • Mystery has long surrounded what was discussed at Crawford as advisers were kept out of a key meeting between the two men.Sir Christopher Meyer, who was present in Crawford as Britain’s ambassador to the U.S., told Chilcot that his exclusion meant he was ‘not entirely clear to this day... what degree of convergence was, if you like, signed in blood at the Crawford ranch’.But in public comments during his time at Crawford, Blair denied that Britain was on an unstoppable path to war.‘This is a matter for considering all the options’, he said. ‘We’re not proposing military action at this point in time’.
  • During his appearance before the Chilcot inquiry in January 2010, Blair denied that he had struck a secret deal with Bush at Crawford to overthrow Saddam. Blair said the two men had agreed on the need to confront the Iraqi dictator, but insisted they did not get into ‘specifics’.‘The one thing I was not doing was dissembling in that position,’ he told Chilcot.‘The position was not a covert position, it was an open position. This isn’t about a lie or a conspiracy or a deceit or a deception. It’s a decision. What I was saying... was “We are going to be with you in confronting and dealing with this threat.” ’Pressed on what he thought Bush took from their meeting, he said the president had realized Britain would support military action if the diplomatic route had been exhausted.In his memoirs, Blair again said it was ‘a myth’ he had signed a promise ‘in blood’ to go to war, insisting: ‘I made no such commitment’.Critics who claimed that Blair acted as the ‘poodle’ of the US will point to a reference in Mr Powell’s memo to the fact Mr Blair ‘readily committed to deploy 1,700 commandos’ to Afghanistan ‘even though his experts warn that British forces are overstretched’.The decision made the previous October in the wake of the September 11 attacks led to widespread concern that the UK was entering an open-ended commitment to a bloody conflict in Afghanistan – a concern many critics now say was well-founded.
  • Mr Powell’s memo goes on to say that a recent move by the U.S. to protect its steel industry with tariffs, which had damaged UK exports, was a ‘bitter blow’ for Blair, but he was prepared to ‘insulate our broader relationship from this and other trade disputes’.The memo was included in a batch of 30,000 emails which were received by Mrs Clinton on her private server when she was US Secretary of State between 2009 and 2013.Another document included in the email batch is a confidential briefing for Powell prepared by the U.S. Embassy in London, shortly before the Crawford summit.The memo, dated ‘April 02’, includes a detailed assessment of the effect on Blair’s domestic position if he backs US military action.The document says: ‘A sizeable number of his [Blair’s] MPs remain at present opposed to military action against Iraq... some would favor shifting from a policy of containment of Iraq if they had recent (and publicly usable) proof that Iraq is developing WMD/missiles... most seem to want some sort of UN endorsement for military action.‘Blair’s challenge now is to judge the timing and evolution of America’s Iraq policy and to bring his party and the British people on board.'There have been a few speculative pieces in the more feverish press about Labor [sic] unease re Iraq policy… which have gone on to identify the beginnings of a challenge to Blair’s leadership of the party.
  • 'Former Cabinet member Peter Mandelson, still an insider, called it all "froth". Nonetheless, this is the first time since the 1997 election that such a story is even being printed’.The paper draws on information given to it by Labour ‘spies’, whose identities have been hidden.It states: ‘[name redacted] told us the intention of those feeding the story is not to bring down Blair but to influence him on the Iraq issue’.‘Some MPs would endorse action if they had proof that Iraq has continued to develop WMD since UN inspectors left.‘More would follow if convinced that Iraq has succeeded in developing significant WMD capability and the missiles to deliver it.'Many more would follow if they see compelling evidence that Iraq intends and plans to use such weapons. A clear majority would support military action if Saddam is implicated in the 9/11 attacks or other egregious acts of terrorism’.‘Blair has proved an excellent judge of political timing, and he will need to be especially careful about when to launch a ramped-up campaign to build support for action against Iraq.'He will want neither to be too far in front or behind US policy... if he waits too long, then the keystone of any coalition we wish to build may not be firmly in place. No doubt these are the calculations that Blair hopes to firm up when he meets the President’.A spokesperson for Blair said: ‘This is consistent with what Blair was saying publicly at the time and with Blair’s evidence given to the Chilcot Inquiry’.
  • Stunning memo proves Blair signed up for Iraq even before Americans - comment by former shadow home secretary David DavisThis is one of the most astonishing documents I have ever read.It proves in explicit terms what many of us have believed all along: Tony Blair effectively agreed to act as a front man for American foreign policy in advance of any decision by the House of Commons or the British Cabinet.He was happy to launder George Bush’s policy on Iraq and sub-contract British foreign policy to another country without having the remotest ability to have any real influence over it.And in return for what? For George Bush pretending Blair was a player on the world stage to impress voters in the UK when the Americans didn’t even believe it themselves.Blair was content to cynically use Britain’s international reputation for honest dealing in diplomacy, built up over many years, as a shield against worldwide opprobrium for Bush’s ill-considered policy.Judging from this memorandum, Blair signed up for the Iraq War even before the Americans themselves did. It beggars belief.
  • Blair was telling MPs and voters back home that he was still pursuing a diplomatic solution while Colin Powell was telling President Bush: ‘Don’t worry, George, Tony is signed up for the war come what may – he’ll handle the PR for you, just make him look big in return.’It should never be forgotten that a minimum of 120,000 people died as a direct result of the Iraq War.What is truly shocking is the casualness of it all, such as the reference in the memo to ‘the day after’ – meaning the day after Saddam would be toppled.The offhand tone gives the game away: it is patently obvious nobody thought about ‘the day after’ when Bush and Blair met in Crawford.And they gave it no more thought right through to the moment ‘the day after’ came about a year later when Saddam’s statue fell to the ground.We saw the catastrophic so-called ‘de-Baathification’ of Iraq, with the country’s entire civil and military structure dismantled, leading to years of bloodshed and chaos. It has infected surrounding countries to this day and created the vacuum into which Islamic State has stepped.This may well be the Iraq ‘smoking gun’ we have all been looking for.
Paul Merrell

Crucial Background to New Redford Movie on Bush and Rather, Part 2 - WhoWhatWhy - 0 views

  • George W. Bush sent thousands of Americans to their deaths in wars that could have been avoided — while he himself dodged the draft as a young man. Dan Rather’s reporting on how Bush allegedly got away with it led to the famed television news anchorman’s spectacular downfall.A new film, Truth, starring Robert Redford as Rather, and Cate Blanchett as his producer Mary Mapes, claims to show what really happened. The film is about to open, and we haven’t seen it yet. But we thought you’d be interested in WhoWhatWhy editor Russ Baker’s own discoveries on the tricks behind the scenes to rewrite history — including indications that a trap was laid for Rather and Mapes, with the goal of scaring all media off the investigative trail. Here, from his best-seller Family of Secrets, are related excerpts. (This is the second of a two-part series. Please go here to see Part 1.)
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    Part 2
Paul Merrell

Court rules Bush officials can be sued for post-9/11 detentions | TheHill - 0 views

  • A top federal court on Wednesday ruled that people held for months on end for immigration violations following Sept. 11, 2001, can sue top government officials for racial profiling and other abuses.The split decision from a three-judge panel on the Second Circuit Court of Appeals comes after more than a decade of litigation, and could lead to increased scrutiny on the government’s behavior following the 2001 terror attack.  ADVERTISEMENT“We simply cannot conclude at this stage that concern for the safety of our nation justified the violation of the constitutional rights on which this nation was built,” Judges Rosemary Pooler and Richard Wesley wrote in their 109-page decision.“The question at this stage of the litigation is whether the [eight foreigners arrested on immigration charges] have plausibly pleaded that the [government officials] exceeded the bounds of the Constitution in the wake of 9/11,” they wrote. “We believe that they have.”
  • After being arrested for immigration charges such as overstaying a visa or working without legal authorization after 9/11, the men were held from between three to eight months in New York or New Jersey. The men, who are all Arab or South Asian, were detained for being “suspected terrorists” and claim that they were abused by prison guards and subjected to extended solitary confinement.In 2002, they filed a class action lawsuit againt then-Attorney General John Ashcroft, then-FBI Director Robert Mueller and other federal and local law enforcement officials.Wednesday’s decision allows that suit to go forward.“The Constitution defines the limits of the Defendants’ authority,” the two judges wrote, “detaining individuals as if they were terrorists, in the most restrictive conditions of confinement available, simply because these individuals were, or appeared to be, Arab or Muslim exceeds those limits.”
  • The lawsuit is Turkmen v. Ashcroft.
Paul Merrell

Major Second Circuit Ruling Sides With Immigrants Subjected to Post-9/11 Roundup | Just... - 0 views

  • I’ve written at some length in the past about judicial hostility to damages suits brought by victims of allegedly unlawful post-9/11 counterterrorism policies. I may have to rethink some of that analysis in light of this morning’s landmark ruling by the Second Circuit in Turkmen v. Hasty, the class action arising out of the post-September 11 roundup and detention of certain groups of immigrants in and around New York. In a nutshell (given that the majority opinion runs to 109 pages), Judges Rosemary Pooler and Ronald Wesley (Clinton and George W. Bush appointees, respectively) hold that (1) Bivens provides a cause of action for damages for the plaintiffs’ Fourth Amendment strip-search, Fifth Amendment substantive due process, and Fifth Amendment equal protection claims (albeit not their free exercise claim); (2) the facts alleged in the complaint are sufficient to overcome Iqbal; and (3) five former federal officials, including Attorney General John Ashcroft, FBI Director Robert Mueller, INS Commissioner James Ziglar, MDC Warden Dennis Hasty, and Associate Warden James Sherman, are not entitled to qualified immunity on the plaintiffs’ policy-challenging allegations of punitive and discriminatory confinement and unreasonable strip searches.
  • As Judge Raggi describes in her 91-page dissent, the majority nevertheless narrows the class of plaintiffs to only (1) those non-citizens confined in the MDC’s most restrictive housing unit; and (2) for restrictive confinement after the defendants allegedly learned that the plaintiffs were being detained without individualized suspicion of their connection to terrorism. But it’s still by far the most plaintiff-friendly circuit ruling in a post-9/11 damages suit. In her words, “Today, our court becomes the first to hold that a Bivens action can be maintained against the nation’s two highest ranking law enforcement officials . . . for policies propounded to safeguard the nation in the immediate aftermath of the infamous al Qaeda terrorist attacks of September 11, 2001.” There’s surely a lot more to say about the 200 pages of opinions in this case–and the analyses of Bivens and qualified immunity, in particular. For that reason, among others, I suspect this is not the last we’ll hear of it…
Paul Merrell

washingtonpost.com - 0 views

  • Americans are asking ``Why do they hate us?'' They hate what they see right here in this chamber: a democratically elected government. Their leaders are self-appointed. They hate our freedoms: our freedom of religion, our freedom of speech, our freedom to vote and assemble and disagree with each other. They want to overthrow existing governments in many Muslim countries such as Egypt, Saudi Arabia and Jordan. They want to drive Israel out of the Middle East. They want to drive Christians and Jews out of vast regions of Asia and Africa. These terrorists kill not merely to end lives, but to disrupt and end a way of life. With every atrocity, they hope that America grows fearful, retreating from the world and forsaking our friends. They stand against us because we stand in their way. We're not deceived by their pretenses to piety. We have seen their kind before. They're the heirs of all the murderous ideologies of the 20th century. By sacrificing human life to serve their radical visions, by abandoning every value except the will to power, they follow in the path of fascism, Nazism and totalitarianism. And they will follow that path all the way to where it ends in history's unmarked grave of discarded lies.
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    George W. Bush's infamous answer to the question "Why do they hate us?" From an address to Congress and the nation on 20 September 2001.  His answer, of course, doesn't even satisfy the standard *qui bono* test. A more satisfying answer might have been along the lines of "they're upset because we've been victimizing Arabs for so long and helping the Israeli government brutalize the Palestinian people, in violation of international human rights law." But even answer assumes that it was in fact angry Arabs who committed the 9/11 attacks, when the strongest evidence is that it was a joint operation of the Israseli Mossad and neocons that Bush had appointed to high office, a false flag psychological operations attack to manufacture citizen support for U.S. war against Arab nations.   
Paul Merrell

F.B.I. Is Broadening Surveillance Role, Report Shows - NYTimes.com - 0 views

  • Although the government’s warrantless surveillance program is associated with the National Security Agency, the Federal Bureau of Investigation has gradually become a significant player in administering it, a newly declassified report shows.In 2008, according to the report, the F.B.I. assumed the power to review email accounts the N.S.A. wanted to collect through the “Prism” system, which collects emails of foreigners from providers like Yahoo and Google. The bureau’s top lawyer, Valerie E. Caproni, who is now a Federal District Court judge, developed procedures to make sure no such accounts belonged to Americans.
  • Then, in October 2009, the F.B.I. started retaining copies of unprocessed communications gathered without a warrant to analyze for its own purposes. And in April 2012, the bureau began nominating new email accounts and phone numbers belonging to foreigners for collection, including through the N.S.A.’s “upstream” system, which collects communications transiting network switches.That information is in a 231-page study by the Justice Department’s inspector general about the F.B.I.’s activities under the FISA Amendments Act of 2008, which authorized the surveillance program. The report was entirely classified when completed in September 2012. But the government has now made a semi-redacted version of the report public in response to a Freedom of Information Act lawsuit filed by The New York Times.
  • The report also filled in a gap about the evolving legality of the warrantless wiretapping program, which traces back to a decision by President George W. Bush in October 2001 to direct the N.S.A. to collect Americans’ international phone calls and emails, from network locations on domestic soil, without the individual warrants required by the Foreign Intelligence Surveillance Act, or FISA. The Times revealed that program in December 2005.After the article appeared, telecommunications providers that had voluntarily participated in the program were sued, and a Federal District Court judge in Detroit ruled that the program was illegal, although that decision was later vacated. The Bush administration sought to put the program on more solid legal footing by gaining orders from the Foreign Intelligence Surveillance Court approving it.Continue reading the main story Continue reading the main story Continue reading the main story In January 2007, the Bush administration persuaded the court’s Judge Malcolm Howard to issue an order to telephone and network companies requiring them to let the security agency target foreigners’ accounts for collection without individual warrants. But in April 2007, when the order came up for renewal before Judge Roger Vinson, he said that it was illegal.
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  • Judge Vinson’s resistance led Congress to enact, in August 2007, the Protect America Act, a temporary law permitting warrantless surveillance of foreigners from domestic network locations. The next year, Congress replaced that law with the FISA Amendments Act.Last month, as a result of separate Freedom of Information Act lawsuits by The Times and the Electronic Frontier Foundation, the government declassified the identities of the judges who disagreed in early 2007 and several court filings from that episode. But it remained unclear what the N.S.A. had done in June and July of 2007.The newly declassified report said Judge Vinson issued an order on May 31, 2007, that allowed existing surveillance to continue by approving collection on a long list of specific foreign phone numbers and email addresses. But after that, when the agency wanted to start wiretapping an additional person, it had to ask the court for permission.The report said that “the rigorous nature of the FISA Court’s probable cause review of new selectors submitted to the various FISA Court judges following Judge Vinson’s May 31, 2007, order caused the N.S.A. to place fewer foreign selectors under coverage than it wanted to.” That and other factors “combined to accelerate the government’s efforts” to persuade Congress to enact the Protect America Act.
Paul Merrell

Redactions in U.S. Memo Leave Doubts on Data Surveillance Program - NYTimes.com - 0 views

  • The Justice Department has released a newly declassified version of a May 2004 legal memo approving the National Security Agency’s Stellarwind program, a set of warrantless surveillance and data collection activities that President George W. Bush secretly authorized after the terrorist attacks of Sept. 11, 2001. But questions about the program remain.A more heavily redacted version of the memo had been released in 2011 as part of Freedom of Information Act lawsuits by the American Civil Liberties Union and the Electronic Privacy Information Center. The new version includes previously censored references to the existence of the data collection related to Americans’ phone calls and emails.
  • The Obama administration voluntarily reprocessed the memo from Jack Goldsmith, the head of the Justice Department’s Office of Legal Counsel, in light of the fact that it had declassified the existence of the bulk phone and email data programs last year after leaks by Edward J. Snowden, a former N.S.A. contractor.The fuller release adds to the public record of an important historical episode. However, the government continued to redact crucial portions of the memo that would answer a primary remaining question about the history of Stellarwind: What prompted the Justice Department to conclude in early 2004 that one aspect of the program, which collected records about Americans’ emails in bulk, was illegal — even though it permitted other aspects, like warrantless wiretapping and the bulk collection of Americans’ phone records, to continue?“They have continued to keep redacted something very significant,” said Jameel Jaffer, a lawyer with the A.C.L.U.
  • The Justice Department’s conclusion that the email metadata program was illegal led to a March 2004 confrontation between White House and department officials in the hospital room of Attorney General John Ashcroft, after which nearly the entire top leadership of the department threatened to resign, prompting President Bush to agree to changes.
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  • parts of what had happened began to become public, starting with a December 2005 article in The New York Times that revealed the warrantless wiretapping portion of the program. The bulk phone and email metadata programs, however, remained secret until 2013, when they came to light in leaks by Mr. Snowden.While the basic existence of the March 2004 crisis has been known, it was not until Mr. Snowden’s leaks that it became clear that it pertained only to the Internet metadata program. However, it has remained murky what Mr. Goldsmith objected to in light of his willingness to bless the rest of Stellarwind based on a sweeping theory of presidential wartime powers.Those portions of the memo remain redacted in the newly released version.
Paul Merrell

New GOP Plans for Torture | Consortiumnews - 0 views

  • President Obama’s failure to prosecute Bush-era torturers created an impunity that has encouraged some Republican presidential candidates to tout new plans for more torture if they reach the White House, a grotesque example of “American exceptionalism,” as Nat Parry explains.
Paul Merrell

Court Rules Bush Administration Can Be Sued for Its "War on Terror" Conduct - 0 views

  • For almost a decade and a half, the people behind the Bush administration's shameful treatment of terrorism suspects have avoided punishment for their crimes, but that may be about to change. The courts have had their say and have ruled that former Bush administration officials can, in fact, be sued for how they conducted the "war on terror." The Second Circuit Court of Appeals made that pretty much official on Friday when it refused to hear a challenge to its earlier ruling in the case of Turkmen v. Ashcroft. That case involves hundreds of Arab, Muslim or South Asian men who were detained and then abused by our government in the weeks following 9/11.
  • Some of them were beaten by security guards and kept in solitary confinement, which the United Nations considers a form of torture. After they were released, these men sued the people they say authorized their detentions - people like former Attorney General John Ashcroft and former FBI director Robert Mueller. A district court initially blocked their claims, but in June, the Second Circuit Court allowed them, saying that Ashcroft, Mueller and company could be sued. The government then made one more last ditch push to protect the Bush administration, but that effort failed last Friday when the Second Circuit rejected it. Everyone else who authorized and participated in the illegal roundup of hundreds of innocent men after 9/11, from high-up government officials on down, is now fair game for a lawsuit.
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    The case centers of detainees conditions of confinement and denial of Equal Protection for a number of people detained for several months immediately after 9-11. 
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