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Gary Edwards

The Civil War is Here | Frontpage Mag - 0 views

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    "Daniel Greenfield, a Shillman Journalism Fellow at the Freedom Center, is a New York writer focusing on radical Islam. A civil war has begun. This civil war is very different than the last one. There are no cannons or cavalry charges. The left doesn't want to secede. It wants to rule. Political conflicts become civil wars when one side refuses to accept the existing authority. The left has rejected all forms of authority that it doesn't control. The left has rejected the outcome of the last two presidential elections won by Republicans. It has rejected the judicial authority of the Supreme Court when it decisions don't accord with its agenda. It rejects the legislative authority of Congress when it is not dominated by the left. It rejected the Constitution so long ago that it hardly bears mentioning.   It was for total unilateral executive authority under Obama. And now it's for states unilaterally deciding what laws they will follow. (As long as that involves defying immigration laws under Trump, not following them under Obama.) It was for the sacrosanct authority of the Senate when it held the majority. Then it decried the Senate as an outmoded institution when the Republicans took it over. It was for Obama defying the orders of Federal judges, no matter how well grounded in existing law, and it is for Federal judges overriding any order by Trump on any grounds whatsoever. It was for Obama penalizing whistleblowers, but now undermining the government from within has become "patriotic". There is no form of legal authority that the left accepts as a permanent institution. It only utilizes forms of authority selectively when it controls them. But when government officials refuse the orders of the duly elected government because their allegiance is to an ideology whose agenda is in conflict with the President and Congress, that's not activism, protest, politics or civil disobedience; it's treason. After losing Congress, the left consolidated
Gary Edwards

The Declaration of Independence Affirms Unalienable Property Rights - 1 views

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    I needed some background regarding the founding documents and their position on individual property rights.  Google came back with this gem!   The basic argument i'm pursuing is that socialism is unconstitutional because it's based on the selective seizure and redistribution of wealth.  Meaning, not all citizens are equal before the law.  The complaints lodged against King George in the Declaration of Independence are very much about the colonist not having the same rights of Englishmen as those whom the King favors. excerpt: the purpose of the Declaration of Independence. "Not to find out new principles, or new arguments, never before thought of, not merely to say things which had never been said before; but to place before mankind the common sense of the subject . . . ."1 The "common sense of the subject" expressed in the Declaration of Independence was that a national civil government must be based upon the "Laws of Nature and of Nature's God." The laws of nature and of nature's God dictate that all men are equally endowed by their Creator with unalienable rights to "Life, Liberty and the pursuit of Happiness." In Jefferson's day, the common sense of the subject was that the pursuit of happiness included the unalienable right of the individual to acquire, possess, protect and dispose of property. Because the purpose of civil governments was to secure unalienable rights, violations of one's unalienable right of property were subject to civil sanction. Today, however, the common sense of the subject is quite the opposite. The modern idea is that civil government properly possesses all power over all subjects of property. Any rights that may exist are derived from the civil government. Any rights to property that a person has may be regulated, limited or revoked by the civil government in order to satisfy the "public interest." Some have advocated that there are no such things as rights, but merely social duties. There is a clear distinction betwee
Gary Edwards

There Once Were Giants: The American Poetry of the Hollywood Western - 2 views

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    Excellent essay by John Marini of the Libertarian Claremont Institute. The "brutal good" of both Batman and Tom Doniphon, "The Man Who Shot Liberty Valance" are once again on display. Awesome stuff! John first discusses Woodrow Wilson and the Progressive movement; emphasising how progressives, and particularly social scientists, dismissed the past as inferior to the glorious future their progressive thinking would usher in. Yeah, "those" progressive's whose legacy might well be the collapse of civilization! "For progressive historians, the past was not intelligible in its own right, but only with reference to the future, that is, to some form of the idea of progress which, although "almost synonymous with life itself," was wholly unknown to past generations. What had seemed to Abraham Lincoln, for example, to be the American Founders' heroic virtues and tragic limitations appeared to the sophisticated historian as mere reflections of outdated attitudes and beliefs-prejudices of a less enlightened time." Then John goes on to contrast the poetry and truth portrayed in the genre of the American Western Movie. He choses John Ford's classic, "The Man Who Shot Liberty Valance" to make his point. And beautifully so. excerpt: "The old West was situated in the Godforsaken wilds of the desert or wilderness, without community, without law, without civilization. It was a place where simple survival was difficult, a place where nature was uncompromising, just as society had been in the places left behind. The West offered the possibility of a new beginning, of re-founding, of establishing governments form reflection and choice, rather than mishaps of birth and tradition. In the West, men seemed to have it in their power to make the world over again, and this made it necessary or possible to think again about the conditions, purposes, and limits of human community. But the western movie showed that even in a new land with a fresh start, the law was not easily
Paul Merrell

Obama equates Israel's creation to African-Americans gaining right to vote - 0 views

  •      President Obama gave another interview to Jeffrey Goldberg, at the Atlantic.
  • And this about anti-Semitism and anti-Zionism. If you don’t think Israel has a right to exist as a homeland for the Jewish people, you’re anti-Semitic. Goldberg: I know that you’ve talked about this with Jewish organizations, with some of your Jewish friends—how you define the differences and the similarities between these two concepts. Obama: You know, I think a good baseline is: Do you think that Israel has a right to exist as a homeland for the Jewish people, and are you aware of the particular circumstances of Jewish history that might prompt that need and desire? And if your answer is no, if your notion is somehow that that history doesn’t matter, then that’s a problem, in my mind. If, on the other hand, you acknowledge the justness of the Jewish homeland, you acknowledge the active presence of anti-Semitism—that it’s not just something in the past, but it is current—if you acknowledge that there are people and nations that, if convenient, would do the Jewish people harm because of a warped ideology. If you acknowledge those things, then you should be able to align yourself with Israel where its security is at stake, you should be able to align yourself with Israel when it comes to making sure that it is not held to a double standard in international fora, you should align yourself with Israel when it comes to making sure that it is not isolated.
  • But you should be able to say to Israel, we disagree with you on this particular policy. We disagree with you on settlements. We think that checkpoints are a genuine problem. We disagree with you on a Jewish-nationalist law that would potentially undermine the rights of Arab citizens. And to me, that is entirely consistent with being supportive of the State of Israel and the Jewish people. Now for someone in Israel, including the prime minister, to disagree with those policy positions—that’s OK too. And we can have a debate, and we can have an argument. But you can’t equate people of good will who are concerned about those issues with somebody who is hostile towards Israel. And you know, I actually believe that most American Jews, most Jews around the world, and most Jews in Israel recognize as much. And that’s part of the reason why I do still have broad-based support among American Jews. It’s not because they dislike Israel, it’s not because they aren’t worried about Iran having a nuclear weapon or what Hezbollah is doing in Lebanon. It’s because I think they recognize, having looked at my history and having seen the actions of my administration, that I’ve got Israel’s back, but there are values that I share with them that may be at stake if we’re not able to find a better path forward than what feels like a potential dead-end right now.
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  • The president also equated the foundation of Israel with the civil rights movement in the U.S. [T]o me, being pro-Israel and pro-Jewish is part and parcel with the values that I’ve been fighting for since I was politically conscious and started getting involved in politics. There’s a direct line between supporting the right of the Jewish people to have a homeland and to feel safe and free of discrimination and persecution, and the right of African Americans to vote and have equal protection under the law. These things are indivisible in my mind. But what is also true, by extension, is that I have to show that same kind of regard to other peoples. And I think it is true to Israel’s traditions and its values—its founding principles—that it has to care about those Palestinian kids. Says Donald Johnson, who tipped me to this: “I  understand the long history of antisemitism as an argument for having a Jewish state, but why can’t people be honest about the price paid by the Palestinians? I know the answer.”
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    Oh, I didn't know that: The American civil rights movement created paramilitary forces and overthrew the U.S. government, driving nearly all of the white people into one corner of the country, then set up their own national democratic goverrnment in the remainder, granted citizenship to any black people who wanted to emmigrate to the United Black States of America but denied all others citizenship, and enacted 51 laws that granted more rights to black citizens than their remaining few token whites, etc.  Horse feathers. Obama just shamed the American civil rights movement and he deserves to be tarred and feathered for it. 
Paul Merrell

Exclusive: Inside America's Plan to Kill Online Privacy Rights Everywhere | The Cable - 0 views

  • The United States and its key intelligence allies are quietly working behind the scenes to kneecap a mounting movement in the United Nations to promote a universal human right to online privacy, according to diplomatic sources and an internal American government document obtained by The Cable. The diplomatic battle is playing out in an obscure U.N. General Assembly committee that is considering a proposal by Brazil and Germany to place constraints on unchecked internet surveillance by the National Security Agency and other foreign intelligence services. American representatives have made it clear that they won't tolerate such checks on their global surveillance network. The stakes are high, particularly in Washington -- which is seeking to contain an international backlash against NSA spying -- and in Brasilia, where Brazilian President Dilma Roussef is personally involved in monitoring the U.N. negotiations.
  • The Brazilian and German initiative seeks to apply the right to privacy, which is enshrined in the International Covenant on Civil and Political Rights (ICCPR), to online communications. Their proposal, first revealed by The Cable, affirms a "right to privacy that is not to be subjected to arbitrary or unlawful interference with their privacy, family, home, or correspondence." It notes that while public safety may "justify the gathering and protection of certain sensitive information," nations "must ensure full compliance" with international human rights laws. A final version the text is scheduled to be presented to U.N. members on Wednesday evening and the resolution is expected to be adopted next week. A draft of the resolution, which was obtained by The Cable, calls on states to "to respect and protect the right to privacy," asserting that the "same rights that people have offline must also be protected online, including the right to privacy." It also requests the U.N. high commissioner for human rights, Navi Pillay, present the U.N. General Assembly next year with a report on the protection and promotion of the right to privacy, a provision that will ensure the issue remains on the front burner.
  • Publicly, U.S. representatives say they're open to an affirmation of privacy rights. "The United States takes very seriously our international legal obligations, including those under the International Covenant on Civil and Political Rights," Kurtis Cooper, a spokesman for the U.S. mission to the United Nations, said in an email. "We have been actively and constructively negotiating to ensure that the resolution promotes human rights and is consistent with those obligations." But privately, American diplomats are pushing hard to kill a provision of the Brazilian and German draft which states that "extraterritorial surveillance" and mass interception of communications, personal information, and metadata may constitute a violation of human rights. The United States and its allies, according to diplomats, outside observers, and documents, contend that the Covenant on Civil and Political Rights does not apply to foreign espionage.
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  • n recent days, the United States circulated to its allies a confidential paper highlighting American objectives in the negotiations, "Right to Privacy in the Digital Age -- U.S. Redlines." It calls for changing the Brazilian and German text so "that references to privacy rights are referring explicitly to States' obligations under ICCPR and remove suggestion that such obligations apply extraterritorially." In other words: America wants to make sure it preserves the right to spy overseas. The U.S. paper also calls on governments to promote amendments that would weaken Brazil's and Germany's contention that some "highly intrusive" acts of online espionage may constitute a violation of freedom of expression. Instead, the United States wants to limit the focus to illegal surveillance -- which the American government claims it never, ever does. Collecting information on tens of millions of people around the world is perfectly acceptable, the Obama administration has repeatedly said. It's authorized by U.S. statute, overseen by Congress, and approved by American courts.
  • "Recall that the USG's [U.S. government's] collection activities that have been disclosed are lawful collections done in a manner protective of privacy rights," the paper states. "So a paragraph expressing concern about illegal surveillance is one with which we would agree." The privacy resolution, like most General Assembly decisions, is neither legally binding nor enforceable by any international court. But international lawyers say it is important because it creates the basis for an international consensus -- referred to as "soft law" -- that over time will make it harder and harder for the United States to argue that its mass collection of foreigners' data is lawful and in conformity with human rights norms. "They want to be able to say ‘we haven't broken the law, we're not breaking the law, and we won't break the law,'" said Dinah PoKempner, the general counsel for Human Rights Watch, who has been tracking the negotiations. The United States, she added, wants to be able to maintain that "we have the freedom to scoop up anything we want through the massive surveillance of foreigners because we have no legal obligations."
  • The United States negotiators have been pressing their case behind the scenes, raising concerns that the assertion of extraterritorial human rights could constrain America's effort to go after international terrorists. But Washington has remained relatively muted about their concerns in the U.N. negotiating sessions. According to one diplomat, "the United States has been very much in the backseat," leaving it to its allies, Australia, Britain, and Canada, to take the lead. There is no extraterritorial obligation on states "to comply with human rights," explained one diplomat who supports the U.S. position. "The obligation is on states to uphold the human rights of citizens within their territory and areas of their jurisdictions."
  • The position, according to Jamil Dakwar, the director of the American Civil Liberties Union's Human Rights Program, has little international backing. The International Court of Justice, the U.N. Human Rights Committee, and the European Court have all asserted that states do have an obligation to comply with human rights laws beyond their own borders, he noted. "Governments do have obligation beyond their territories," said Dakwar, particularly in situations, like the Guantanamo Bay detention center, where the United States exercises "effective control" over the lives of the detainees. Both PoKempner and Dakwar suggested that courts may also judge that the U.S. dominance of the Internet places special legal obligations on it to ensure the protection of users' human rights.
  • "It's clear that when the United States is conducting surveillance, these decisions and operations start in the United States, the servers are at NSA headquarters, and the capabilities are mainly in the United States," he said. "To argue that they have no human rights obligations overseas is dangerous because it sends a message that there is void in terms of human rights protection outside countries territory. It's going back to the idea that you can create a legal black hole where there is no applicable law." There were signs emerging on Wednesday that America may have been making ground in pressing the Brazilians and Germans to back on one of its toughest provisions. In an effort to address the concerns of the U.S. and its allies, Brazil and Germany agreed to soften the language suggesting that mass surveillance may constitute a violation of human rights. Instead, it simply deep "concern at the negative impact" that extraterritorial surveillance "may have on the exercise of and enjoyment of human rights." The U.S., however, has not yet indicated it would support the revised proposal.
  • The concession "is regrettable. But it’s not the end of the battle by any means," said Human Rights Watch’s PoKempner. She added that there will soon be another opportunity to corral America's spies: a U.N. discussion on possible human rights violations as a result of extraterritorial surveillance will soon be taken up by the U.N. High commissioner.
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    Woo-hoo! Go get'em, U.N.
Paul Merrell

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

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

Losing public opinion on BDS, activists turn to 'lawfare' - 0 views

  •      Champions of proposed Senate Bill SB1761, which passed both houses of the Illinois General Assembly May 18th, say it’s designed to fight anti-Semitic activism and protects Israel from the existential threat posed by the Boycott, Divestment, & Sanctions movement (BDS). Opponents of the bill say it places the economic welfare of Israel before U.S. interests, tacitly endorses the full annexation of the West Bank into Israel, and violates our country’s First Amendment rights. The bill’s opponents are right. But a potential threat of this legislation, edging closer to the criminalization of advocating for Palestinian rights and against occupation, threatens our core First Amendment rights and has been relatively absent from the discourse surrounding this bill.
  • And that’s not just here in the United States. Israeli lawmakers sought to criminalize public support of boycotts against Israel back in 2010 through their “Law for Prevention of Damage to the State of Israel through Boycott.” When I spoke with a staffer for Illinois State Rep. Sara Feigenholtz, one of the bill’s primary sponsors, inquiring if SB1761 was modeled after the 1977 amendments to the Export Administration Act (regarding the Arab League boycott of Israel), I was informed “These ‘antiboycott’ laws are the 1977 amendments to the Export Administration Act (EAA) and the Ribicoff Amendment to the 1976 Tax Reform Act (TRA). I hope this helps.…SB1761 falls in line with these federal laws”
  • Referencing EAA is another indication of the move toward weakening our First Amendment rights, as that amendment was meant to criminalize people who adhered to the Arab League’s boycott of Israel. Melissa Redmiles writes of the 70’s legislation in International Boycott Reports, 2003 and 2004 (pdf), from the IRS.gov website: “Those U.S persons who agree to participate in such boycotts are subject to criminal and civil penalties.” SB1761 seems to be the latest manifestation of a trend toward enacting a kind of trickle-down suppression. From the Center For Constitutional Rights website for Palestine Solidarity Legal Support: “These bills must be opposed in order to protect the right to engage in boycotts that reflect collective action to address a human rights issue, which the US Supreme Court has declared is protected speech… These bills would make it state policy to discourage support of human rights boycotts against Israel… and have the potential to stifle expressions of political beliefs…”
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  • SB1761 requires all five public retirement benefits systems of the Illinois Pension Code to divest “all direct holdings” from any company which engages in boycotting Israel. This is designed to financially punish companies which participate in BDS; presumably European companies. But it will also burden an already severely crippled,“worst in nation”, Illinois pension system. Illinois Governor Bruce Rauner was quoted by Jewish United Fund News (JUF) earlier this month as saying, “I made a pledge that Illinois would become the first state in America to divest its public pension funds from any company in the world that boycotts Israel.” Rauner includes U.S. companies in his threat of divestment when he says “any company in the world.”
  • Relatedly from SB1761 itself: “It is not the intent [of this bill]… to cause divestiture from any company based in the United States of America.” Not intended? This soft language clearly leaves the door open to require Illinois public retirement systems’ divestiture from U.S. companies that participate in BDS. So, while politicians endorsing this bill can point to this statement of “intent” as some kind of safeguard for American companies, this same sentence simultaneously functions as a veiled threat to those companies.
  • SB1761 characterizes the motivations of the BDS movement as “intending to penalize… Israel.” Similarly, JUF News this month quoted JUF President Steven B. Nasatir saying, “At the core of the BDS movement is a quest to delegitimize Israel as a Jewish state.” That’s like stating that the intent of the Civil Rights Montgomery bus boycott was to “penalize white people.
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    As though ACLU didn't already have enough lawsuits going. But this takes the cake. Although anti-BDS legislation has been introduced several times in Congress but never got off the ground because of the First Amendment barrier. Similar measures pending in Europe too.  The good news here is that Israel's right-wing government is getting desperate. The BDS movement is mushrooming globally and routinely is achieving success in convincing companies (and recording artists, etc.) to pull out of Israel. More so in Europe, but BDS is off to a great start in the U.S. Kerry warned Netanyahu before the latter blew up the last round of negotations with the Palestinians that BDS would soon make it politically impossible for the U.S. to continue providing cover for Israel on the U.N. Security Council. There's a big shift of public opinion in the U.S. about Israel's abuse of Palestinians well under way. It won't be long before introducing Israel Lobby measures in Congress will stop happening. 
Gary Edwards

The End Of The Obama World Order - 0 views

  •  
    "For the past eight years, Barack Obama has been using the power of the U.S. presidency to impose his vision of a progressive world order on the entire globe.  As a result, much of the planet will greatly celebrate once the Obama era officially ends on Friday.  The Obama years brought us the Arab Spring, Benghazi, ISIS, civil war in Syria, civil war in Ukraine and the Iran nuclear deal.  On the home front, we have had to deal with Obamacare, "Fast and Furious", IRS targeting of conservative groups, Solyndra, the VA scandal, NSA spying and the worst "economic recovery" since the end of World War II.  And right at the end of his presidency, Barack Obama has committed the greatest betrayal of Israel in U.S. history and has brought us dangerously close to war with Russia. So is the end of the Obama world order worth celebrating? You better believe it is. Of course Obama and his minions are in a great deal of distress that much of their hard work over the past eight years is about to be undone by Donald Trump.  On Wednesday, Vice President Joe Biden warned the elitists gathered at the World Economic Forum in Davos that their "liberal world order" is in danger of collapsing…     Vice President Joe Biden delivered an epic final speech Wednesday to the elites at the World Economic Forum in Davos, Switzerland.   The gist of his speech was simple: At a time of "uncertainty" we must double down on the values that made Western democracies great, and not allow the "liberal world order" to be torn apart by destructive forces. And without a doubt, we definitely want it to collapse. During his time in the White House, Barack Obama has used the full diplomatic power of the government to promote "abortion rights", "gay rights" and other "liberal values" to the farthest corners of the globe.  Here at home, the appointment of two new Supreme Court justices under Obama paved the way for the Supreme Court decision that forced all 50 state
Paul Merrell

SodaStream to close illegal settlement factory in response growing boycott campaign | B... - 0 views

  • Palestinian boycott, divestment and sanctions (BDS) activists have welcomed the news that SodaStream has announced it is to close its factory in the illegal Israeli settlement of Mishor Adumim following a high profile boycott campaign against the company. “SodaStream’s announcement today shows that the boycott, divestment and sanctions (BDS) movement is increasingly capable of holding corporate criminals to account for their participation in Israeli apartheid and colonialism,” said Rafeef Ziadah, a spokesperson for the Palestinian Boycott, Divestment and Sanctions National Committee (BNC), the broad coalition of Palestinian civil society organisations that leads and supports the BDS movement. “BDS campaign pressure has forced retailers across Europe and North America to drop SodaStream, and the company’s share price has tumbled in recent months as our movement has caused increasing reputational damage to the SodaStream brand,” she added. The news of this major success against a company famed for its role in illegal Israeli settlements broke amidst intensifying demonstrations against Israel’s policies of colonisation in Jerusalem. Grassroots boycott activism saw SodaStream dropped by major retailers across North America and Europe including Macy’s in the US and John Lewis in the UK.
  • SodaStream’s participation in Israel’s forced displacement of Palestinians gained international notoriety when A-list celebrity Scarlett Johansson signed up to be a brand ambassador for the company. Following an international campaign urging Oxfam end its relationship with Johansson for endorsing SodaStream, the actor decided to quit Oxfam. SodaStream has also come under fire for its treatment of Palestinian workers in its West Bank factory, as Ziadah explains: “Any suggestion that SodaStream is employing Palestinians in an illegal Israeli settlement on stolen Palestinian land out of the kindness of its heart is ludicrous.” “Palestinian workers are paid far less than their Israeli counterparts and SodaStream recently fired 60 Palestinians following a dispute over food for the breaking of the Ramadan fast. Workers have previously said they are treated ‘like slaves’”. “Palestinians are forced to work inside settlements in sub-standard conditions because of Israel’s deliberate destruction of the Palestinian economy. There’s an urgent need for the creation of decent and dignified jobs within the Palestinian economy.”
  • SodaStream was forced to close its flagship store in Brighton in the UK as a result of regular pickets of the store. Soros Fund Management, the family office of the billionaire investor George Soros, sold its stake in SodaStream following BDS pressure. SodaStream’s share price fell dramatically in recent months as sales dried up, particularly in North America. After reaching a high of $64 per share in October 2013, the stock fell to around $20 per share this month. SodaStream has estimated its third quarter revenue will be $125 million, down almost 14 percent from the same period last year. But Ziadah warned that SodaStream will still remain actively complicit in the displacement of Palestinians in the Naqab and will remain a focus of boycott campaigning. “Even if this announced closure goes ahead, SodaStream will remain implicated in the displacement of Palestinians. Its new Lehavim factory is close to Rahat, a planned township in the Naqab (Negev) desert, where Palestinian Bedouins are being forcefully transferred against their will. Sodastream, as a beneficiary of this plan, is complicit with this violation of human rights,” she said.
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  • SodaStream have said all workers will be offered jobs at its new plant, although Israel’s apartheid wall and severe restrictions on movement will make the commute to the new plant difficult for its Palestinian workers. All of the main Palestinian trade unions have called for boycott and are members of the Palestinian BDS National Committee, the civil society coalition that leads the BDS movement and helped to initiate the campaign against SodaStream.
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    The Palestine BDS Movement drew economic blood According to the NYT, SodaStream's revenues fell so far that its books needed red ink and the Israeli government chipped in $20 million to move SodaStream out of the Occupied Territories. 
Paul Merrell

BDS SOUTH AFRICA: ISRAEL INCHES CLOSER TO 'TIPPING POINT' OF SOUTH AFRICA-STYLE BOYCOTT... - 0 views

  • Analogies with apartheid regime in the wake of Mandela’s death could accelerate efforts to ostracize Israel. This has happened in recent days: The Dutch water company Vitens severed its ties with Israeli counterpart Mekorot; Canada’s largest Protestant church decided to boycott three Israeli companies; the Romanian government refused to send any more construction workers; and American Studies Association academics are voting on a measure to sever links with Israeli universities. Coming so shortly after the Israeli government effectively succumbed to a boycott of settlements in order to be eligible for the EU’s Horizon 2020 scientific cooperation agreement, it is hard to avoid the conclusion that the BDS (Boycott, Divestment and Sanctions) movement is picking up speed. And the writing on the wall, if anyone missed it, only got clearer and sharper in the wake of the death of Nelson Mandela.
  • When the United Nations passed its first non-binding resolution calling for a boycott of South Africa in 1962, it was staunchly opposed by a bloc of Western countries, led by Britain and the United States. But the grassroots campaign that had started with academic boycotts in the late 1950s gradually moved on to sports and entertainment and went on from there to institutional boycotts and divestment. Along the way, the anti-apartheid movement swept up larger and larger swaths of Western public opinion, eventually forcing even the most reluctant of governments, including Israel and the U.S., to join the international sanctions regime. 
  • We’re really great at knowing where thresholds are after we fall off the cliff, but that’s not very helpful,” as lake ecologist and “tipping point” researcher Stephen Carpenter told USA today in 2009.  Israel could very well be approaching such a threshold. Among the many developments that could be creating the required critical mass one can cite the passage of time since the Twin Towers attacks in September 2001, which placed Israel in the same camp as the U.S. and the West in the War on Terror; Israel’s isolation in the campaign against Iran’s nuclear programs; the disappearance of repelling archenemies such as Osama bin Laden, Muammar Gadhafi, Mahmoud Ahmadinejad and, to a lesser degree, Yasser Arafat; the relative security and lack of terror inside Israel coupled with its own persistent settlement drive; and the negative publicity generated by revelations of racism in Israeli society, the image of its rulers as increasingly rigid and right wing and the government’s own confrontations with illegal African immigrants and Israeli Bedouin, widely perceived as being tinged with bias and prejudice.  In recent days, American statesmen seem to be more alarmed about the looming danger of delegitimization than Israelis are. In remarks to both the Saban Forum and the American Joint Distribution Committee this week, Secretary of State John Kerry described delegitimization as “an existential danger." Vice President Joe Biden, speaking to the same JDC forum, went one step further: “The wholesale effort to delegitimize Israel is the most concentrated that I have seen in the 40 years I have served. It is the most serious threat in my view to Israel’s long-term security and viability.” 
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  • One must always take into account the possibility of unforeseen developments that will turn things completely around. Barring that, the only thing that may be keeping Israel from crossing the threshold and “going over the cliff” in the international arena is Kerry’s much-maligned peace process, which is holding public opinion and foreign governments at bay and preventing a “tipping point” that would dramatically escalate the anti-Israeli boycott campaign.  Which only strengthens Jeffrey Goldberg’s argument in a Bloomberg article on Wednesday that Kerry is “Israel’s best friend." It also highlights, once again, how narrow-minded, shortsighted and dangerously delusional Kerry’s critics, peace process opponents and settlement champions really are (though you can rest assured that if and when the peace process collapses and Israel is plunged into South African isolation, they will be pointing their fingers in every direction but themselves.
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    Note that this article's original is behind a paywall in Haaretz, one of Israel's market-leading newspapers.  There can be no questioning of the facts that: [i] the Palestinian Boycott, Divesment, and Sanctions ("BDS") movement is rapidly gaining strength globally; and [ii] that factor weighs heavily in the negotiations between Israel and Palestine for a two-state solution. Although not bluntly stated, the BSD movement's path runs directly to a single-state solution that would sweep Israel's present right-wing government from power and result in a secular state rather than a "Jewish state." And the E.U., Israel's largest export market, has promised to go even farther in sanctioning Israel than the considerable distance it has already gone if the negotiations do not result in a two state solution. Labeling all products produced wholly or in part in Israel-occupied Palestine territory is among the mildest of sanctions under discussion, a measure already adopted in two E.U. nations. The BSD Movement's success has also been marked by Israel attaining the pariah state status previously experienced by South Africa. Only the U.S., Canada, and a half-dozen or so tiny island nations closely aligned with the U.S. still vote in favor of Israel at the U.N. For example, the vote on granting Palestine U.N. observer state status was 138-9, with 41 abstentions.  The prospect of an end to the non-secular Jewish state has enormous ramifications for U.S. foreign policy, not the least of which is the influence of the Israel lobby in the U.S. that has thus far led the U.S. to three Treasury-draining wars in Southwest Asia and Northern Africa and host of minor military actions in other area nations, as well as a near-war in Syria, averted mainly via Russian diplomacy that outfoxed Secretary of State John Kerry. Time will tell whether the diplomatic outreach by Iran will succeed in averting war with the greatest military power remaining in the Mideast after Israel itself. "Protectin
Paul Merrell

Boycott, Divest and Sanction Corporations That Feed on Prisons  :    Informat... - 0 views

  • All attempts to reform mass incarceration through the traditional mechanisms of electoral politics, the courts and state and federal legislatures are useless. Corporations, which have turned mass incarceration into a huge revenue stream and which have unchecked political and economic power, have no intention of diminishing their profits. And in a system where money has replaced the vote, where corporate lobbyists write legislation and the laws, where chronic unemployment and underemployment, along with inadequate public transportation, sever people in marginal communities from jobs, and where the courts are a wholly owned subsidiary of the corporate state, this demands a sustained, nationwide revolt. “Organizing boycotts, work stoppages inside prisons and the refusal by prisoners and their families to pay into the accounts of phone companies and commissary companies is the only weapon we have left,” said Amos Caley, who runs the Interfaith Prison Coalition, a group formed by prisoners, the formerly incarcerated, their families and religious leaders.
  • These boycotts, they said, will be directed against the private phone, money transfer and commissary companies, and against the dozens of corporations that exploit prison labor. The boycotts will target food and merchandise vendors, construction companies, laundry services, uniforms companies, prison equipment vendors, cafeteria services, manufacturers of pepper spray, body armor and the array of medieval instruments used for the physical control of prisoners, and a host of other contractors that profit from mass incarceration. The movement will also call on institutions, especially churches and universities, to divest from corporations that use prison labor. The campaign, led by the Interfaith Prison Coalition, will include a call to pay all prisoners at least the prevailing minimum wage of the state in which they are held. (New Jersey’s minimum wage is $8.38 an hour.) Wages inside prisons have remained stagnant and in real terms have declined over the past three decades. A prisoner in New Jersey makes, on average, $1.20 for eight hours of work, or about $28 a month. Those incarcerated in for-profit prisons earn as little as 17 cents an hour. Over a similar period, phone and commissary corporations have increased fees and charges often by more than 100 percent. There are nearly 40 states that allow private corporations to exploit prison labor. And prison administrators throughout the country are lobbying corporations that have sweatshops overseas, trying to lure them into the prisons with guarantees of even cheaper labor and a total absence of organizing or coordinated protest.
  • Corporations currently exploiting prison labor include Abbott Laboratories, AT&T, AutoZone, Bank of America, Bayer, Berkshire Hathaway, Cargill, Caterpillar, Chevron, the former Chrysler Group, Costco Wholesale, John Deere, Eddie Bauer, Eli Lilly, ExxonMobil, Fruit of the Loom, GEICO, GlaxoSmithKline, Glaxo Wellcome, Hoffmann-La Roche, International Paper, JanSport, Johnson & Johnson, Kmart, Koch Industries, Mary Kay, McDonald’s, Merck, Microsoft, Motorola, Nintendo, Pfizer, Procter & Gamble, Quaker Oats, Sarah Lee, Sears, Shell, Sprint, Starbucks, State Farm Insurance, United Airlines, UPS, Verizon, Victoria’s Secret, Wal-Mart and Wendy’s.
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  • “Prisoner telephone rates in New Jersey are some of the highest in the country,” Caley said. “Global Tel Link charges prisoners and their families $4.95 for a 15-minute phone call, which is about two and a half times the national average for local inmate calling services.”
  • Prison phone services are a $1.2-billion-a-year industry. Prisoners outside New Jersey are charged by Global Tel Link, which makes about $500 million a year, as much as $17 for a 15-minute phone call. A call of that duration outside a prison would cost about $2. If a customer deposits $25 into a Global Tel Link phone account, he or she must pay an additional service charge of $6.95. And Global Tel Link is only one of several large corporations that exploit prisoners and their families. JPay is a corporation that deals in privatized money transfers to prisoners. It controls money transfers for about 70 percent of the prison population. The company charges families that put money into prisoners’ accounts additional service fees of as much as 45 percent. JPay generates more than $50 million a year in revenue. The Keefer Group, which controls prison commissaries in more than 800 public and private prisons, and which often charges prisoners double what items cost outside prison walls, makes $41 million a year in profit.
  • Prisons, to swell corporate profits, force prisoners to pay for basic items including shoes. Prisoners in New Jersey pay $45 for a pair of basic Reebok shoes—almost twice the average monthly wage. If a prisoner needs an insulated undergarment or an extra blanket to ward off the cold at night he must buy it. Packages from home, once permitted, have been banned to force prisoners to buy grossly overpriced items at the commissary or company-run store. Some states have begun to charge prisoners rent. This gouging is burying many prisoners and their families in crippling debt, debt that prisoners carry when they are released from prison. The United States has 2.3 million people in prison, 25 percent of the world’s prison population, although we are only 5 percent of the world’s population. We have increased our prison population by about 700 percent since 1970. Corporations control about 18 percent of federal prisoners and 6.7 percent of all state prisoners. And corporate prisons account for nearly all newly built prisons. Nearly half of all immigrants detained by the federal government are shipped to corporate-run prisons. And slavery is legal in prisons under the 13th Amendment of the U.S. Constitution. It reads: “Neither slavery nor involuntary servitude, except as punishment for crime whereof the party shall have been duly convicted, shall exist within the United States.”
  • Vast sums are at stake. The for-profit prison industry is worth $70 billion. Corrections Corporation of America (CCA), the largest owner of for-profit prisons and immigration detention facilities in the country, had revenues of $1.7 billion in 2013 and profits of $300 million. CCA holds an average of 81,384 inmates in its facilities on any one day. Aramark Holdings Corp., a Philadelphia-based company that contracts through Aramark Correctional Services to provide food to 600 correctional institutions across the United States, was acquired in 2007 for $8.3 billion by investors that included Goldman Sachs. And, as in the wider society, while members of a tiny, oligarchic corporate elite each are paid tens or even hundreds of millions of dollars annually, the workers who generate these profits live in misery.  “It is an abomination that prisoners are paid 22 cents an hour, $1.20 cents a day,” Larry Hamm told the Newark meeting. “Every prisoner should get the minimum wage of New Jersey, $8.38 per hour.”
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    Why pay a liveable wage to American workers if you can get prison labor for less than market prices in Bangla Desh? The prison telephone racket has bothered me for many years. The FCC authorized no-limit telephone charges for prisoners and their families on the simplistic grounds of, "well, they prisoners who have reduced civil rights anyway. But it ignored that most prison phone calls are collect calls to families on the outside, who are not prisoners and still have their full civil rights. The for-profit prison industry is a prime example of not thinking things through before privatizing a formerly government function. Privatization creates a lobby for the industry, as Americans have learned all to well with the privatization of most Dept. of Defense work other than actual combat.   Already, for profit prison industries are showing up in state legislatures to demand longer prison sentences. They were the prime movers behind the "mandatory minimum sentence" movement, which has stuffed prisons to overflowing. 
Paul Merrell

Top-Secret Document Reveals NSA Spied On Porn Habits As Part Of Plan To Discredit 'Radi... - 0 views

  • WASHINGTON -- The National Security Agency has been gathering records of online sexual activity and evidence of visits to pornographic websites as part of a proposed plan to harm the reputations of those whom the agency believes are radicalizing others through incendiary speeches, according to a top-secret NSA document. The document, provided by NSA whistleblower Edward Snowden, identifies six targets, all Muslims, as “exemplars” of how “personal vulnerabilities” can be learned through electronic surveillance, and then exploited to undermine a target's credibility, reputation and authority. The NSA document, dated Oct. 3, 2012, repeatedly refers to the power of charges of hypocrisy to undermine such a messenger. “A previous SIGINT" -- or signals intelligence, the interception of communications -- "assessment report on radicalization indicated that radicalizers appear to be particularly vulnerable in the area of authority when their private and public behaviors are not consistent,” the document argues. Among the vulnerabilities listed by the NSA that can be effectively exploited are “viewing sexually explicit material online” and “using sexually explicit persuasive language when communicating with inexperienced young girls.”
  • The Director of the National Security Agency -- described as "DIRNSA" -- is listed as the "originator" of the document. Beyond the NSA itself, the listed recipients include officials with the Departments of Justice and Commerce and the Drug Enforcement Administration. "Without discussing specific individuals, it should not be surprising that the US Government uses all of the lawful tools at our disposal to impede the efforts of valid terrorist targets who seek to harm the nation and radicalize others to violence," Shawn Turner, director of public affairs for National Intelligence, told The Huffington Post in an email Tuesday. Yet Jameel Jaffer, deputy legal director of the American Civil Liberties Union, said these revelations give rise to serious concerns about abuse. "It's important to remember that the NSA’s surveillance activities are anything but narrowly focused -- the agency is collecting massive amounts of sensitive information about virtually everyone," he said. "Wherever you are, the NSA's databases store information about your political views, your medical history, your intimate relationships and your activities online," he added. "The NSA says this personal information won't be abused, but these documents show that the NSA probably defines 'abuse' very narrowly."
  • None of the six individuals targeted by the NSA is accused in the document of being involved in terror plots. The agency believes they all currently reside outside the United States. It identifies one of them, however, as a "U.S. person," which means he is either a U.S. citizen or a permanent resident. A U.S. person is entitled to greater legal protections against NSA surveillance than foreigners are. Stewart Baker, a one-time general counsel for the NSA and a top Homeland Security official in the Bush administration, said that the idea of using potentially embarrassing information to undermine targets is a sound one. "If people are engaged in trying to recruit folks to kill Americans and we can discredit them, we ought to," said Baker. "On the whole, it's fairer and maybe more humane" than bombing a target, he said, describing the tactic as "dropping the truth on them." Any system can be abused, Baker allowed, but he said fears of the policy drifting to domestic political opponents don't justify rejecting it. "On that ground you could question almost any tactic we use in a war, and at some point you have to say we're counting on our officials to know the difference," he said.
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  • In addition to analyzing the content of their internet activities, the NSA also examined the targets' contact lists. The NSA accuses two of the targets of promoting al Qaeda propaganda, but states that surveillance of the three English-speakers’ communications revealed that they have "minimal terrorist contacts." In particular, “only seven (1 percent) of the contacts in the study of the three English-speaking radicalizers were characterized in SIGINT as affiliated with an extremist group or a Pakistani militant group. An earlier communications profile of [one of the targets] reveals that 3 of the 213 distinct individuals he was in contact with between 4 August and 2 November 2010 were known or suspected of being associated with terrorism," the document reads. The document contends that the three Arabic-speaking targets have more contacts with affiliates of extremist groups, but does not suggest they themselves are involved in any terror plots. Instead, the NSA believes the targeted individuals radicalize people through the expression of controversial ideas via YouTube, Facebook and other social media websites. Their audience, both English and Arabic speakers, "includes individuals who do not yet hold extremist views but who are susceptible to the extremist message,” the document states. The NSA says the speeches and writings of the six individuals resonate most in countries including the United Kingdom, Germany, Sweden, Kenya, Pakistan, India and Saudi Arabia.
  • The NSA possesses embarrassing sexually explicit information about at least two of the targets by virtue of electronic surveillance of their online activity. The report states that some of the data was gleaned through FBI surveillance programs carried out under the Foreign Intelligence and Surveillance Act. The document adds, "Information herein is based largely on Sunni extremist communications." It further states that "the SIGINT information is from primary sources with direct access and is generally considered reliable." According to the document, the NSA believes that exploiting electronic surveillance to publicly reveal online sexual activities can make it harder for these “radicalizers” to maintain their credibility. "Focusing on access reveals potential vulnerabilities that could be even more effectively exploited when used in combination with vulnerabilities of character or credibility, or both, of the message in order to shape the perception of the messenger as well as that of his followers," the document argues. An attached appendix lists the "argument" each surveillance target has made that the NSA says constitutes radicalism, as well the personal "vulnerabilities" the agency believes would leave the targets "open to credibility challenges" if exposed.
  • One target's offending argument is that "Non-Muslims are a threat to Islam," and a vulnerability listed against him is "online promiscuity." Another target, a foreign citizen the NSA describes as a "respected academic," holds the offending view that "offensive jihad is justified," and his vulnerabilities are listed as "online promiscuity" and "publishes articles without checking facts." A third targeted radical is described as a "well-known media celebrity" based in the Middle East who argues that "the U.S perpetrated the 9/11 attack." Under vulnerabilities, he is said to lead "a glamorous lifestyle." A fourth target, who argues that "the U.S. brought the 9/11 attacks on itself" is said to be vulnerable to accusations of “deceitful use of funds." The document expresses the hope that revealing damaging information about the individuals could undermine their perceived "devotion to the jihadist cause." The Huffington Post is withholding the names and locations of the six targeted individuals; the allegations made by the NSA about their online activities in this document cannot be verified. The document does not indicate whether the NSA carried out its plan to discredit these six individuals, either by communicating with them privately about the acquired information or leaking it publicly. There is also no discussion in the document of any legal or ethical constraints on exploiting electronic surveillance in this manner.
  • While Baker and others support using surveillance to tarnish the reputation of people the NSA considers "radicalizers," U.S. officials have in the past used similar tactics against civil rights leaders, labor movement activists and others. Under J. Edgar Hoover, the FBI harassed activists and compiled secret files on political leaders, most notably Martin Luther King, Jr. The extent of the FBI's surveillance of political figures is still being revealed to this day, as the bureau releases the long dossiers it compiled on certain people in response to Freedom of Information Act requests following their deaths. The information collected by the FBI often centered on sex -- homosexuality was an ongoing obsession on Hoover's watch -- and information about extramarital affairs was reportedly used to blackmail politicians into fulfilling the bureau's needs. Current FBI Director James Comey recently ordered new FBI agents to visit the Martin Luther King, Jr. Memorial in Washington to understand "the dangers in becoming untethered to oversight and accountability."
  • James Bamford, a journalist who has been covering the NSA since the early 1980s, said the use of surveillance to exploit embarrassing private behavior is precisely what led to past U.S. surveillance scandals. "The NSA's operation is eerily similar to the FBI's operations under J. Edgar Hoover in the 1960s where the bureau used wiretapping to discover vulnerabilities, such as sexual activity, to 'neutralize' their targets," he said. "Back then, the idea was developed by the longest serving FBI chief in U.S. history, today it was suggested by the longest serving NSA chief in U.S. history." That controversy, Bamford said, also involved the NSA. "And back then, the NSA was also used to do the eavesdropping on King and others through its Operation Minaret. A later review declared the NSA’s program 'disreputable if not outright illegal,'" he said. Baker said that until there is evidence the tactic is being abused, the NSA should be trusted to use its discretion. "The abuses that involved Martin Luther King occurred before Edward Snowden was born," he said. "I think we can describe them as historical rather than current scandals. Before I say, 'Yeah, we've gotta worry about that,' I'd like to see evidence of that happening, or is even contemplated today, and I don't see it."
  • Jaffer, however, warned that the lessons of history ought to compel serious concern that a "president will ask the NSA to use the fruits of surveillance to discredit a political opponent, journalist or human rights activist." "The NSA has used its power that way in the past and it would be naïve to think it couldn't use its power that way in the future," he said.
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    By Glenn Greenwald, Ryan Gallagher, and Ryan Grim, 26 November 2013. I will annotate later. But this is by far the most important NSA disclosure from Edward Snowden's leaked documents thus far. A report originated by Gen. Alexander himself revealing COINTELPRO like activities aimed at destroying the reputations of non-terrorist "radicalizers," including one "U.S. person." This is exactly the kind of repressive activity that the civil libertarians among us warn about. 
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    By Glenn Greenwald, Ryan Gallagher, and Ryan Grim, 26 November 2013. I will annotate later. But this is by far the most important NSA disclosure from Edward Snowden's leaked documents thus far. A report originated by Gen. Alexander himself revealing COINTELPRO like activities aimed at destroying the reputations of non-terrorist "radicalizers," including one "U.S. person." This is exactly the kind of repressive activity that the civil libertarians among us warn about. 
Paul Merrell

White House: racial slurs in NSA intelligence material 'unacceptable' | World news | Th... - 0 views

  • The White House has instructed US security agencies to review their training and policy materials for racial or religious bias after documents leaked by Edward Snowden showed training material for the intelligence agencies referring to "Mohammed Raghead".After an extensive investigation by the Intercept on Wednesday reported that the NSA and the FBI spied on the emails of five prominent US activists and attorneys with Muslim backgrounds, White House spokeswoman Caitlin Hayden said that the administration took accusations of the slurs "extremely seriously." "Upon learning of this matter, the White House immediately requested that the director of national intelligence undertake an assessment of intelligence community policies, training standards or directives that promote diversity and tolerance, and as necessary, make any recommendations changes or additional reforms," Hayden said.It is at least the second time the White House has ordered a review of agency training materials said to include offensive language.
  • Hayden declined to provide additional detail on the scope or duration of the investigation. But it is reminiscent of an earlier incident in which the White House ordered the government's vast counter-terrorism apparatus to find and purge inflammatory training material, particularly that which singled out Muslims for particular scrutiny. In 2011, this reporter published FBI training material instructing newer counter-terrorism agents that Islam itself was a threat to US national security and compared the prophet Muhammad to a cult leader. Initial FBI pushback gave way to an inquiry, at the instruction of the White House, that removed significant quantities of offensive or imprecise training material. That instruction came six years after the "Mohammed Raghead" material and stretched far beyond the FBI. Anti-Islam training material, including some urging "Hiroshima" tactics against Islamic nations, was found and removed from professional education courses for US military officers, at the behest of Army General Martin Dempsey, the chairman of the joint chiefs of staff.
  • The accusation is one of the gravest the US intelligence agencies have faced in the year since the Guardian and other news outlets began publishing material leaked by Snowden. A central aspect of the intelligence agency's public defense is that it cannot surveil US persons for constitutionally-protected activity and that its court-certified privacy protections are too robust to allow for privacy intrusions of the sort the Intercept reported.The allegation threatens to sever the tenuous relationship between US law enforcement and surveillance agencies and American Muslim communities, many of whom have long suspected that their government views them as an internal threat and not a population to be protected.The NSA, the Justice Department and the Office of the Director of National Intelligence sharply pushed back against the accusations that protected speech, unrelated to terrorism or espionage, turned American Muslims into counterterrorism targets.
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  • The Obama administration has strained to reconcile the vast counter-terrorism bureaucracy with its policy declarations that the US is not at war with Islam and has attempted, with mixed results, to cultivate a less militarized and security-focused relationship with US Muslims, often preferring the term "countering violent extremism" over "counter-terrorism".In some anti-Islam circles, the removal of the instructional material is infamous and considered evidence of an administration capitulation to Islam – the exact opposite of the concern raised by the Intercept on Wednesday. The Intercept report, by former Guardian columnist Glenn Greenwald, Murtaza Hussain and Josh Meyer, suggested a persistent counter-terrorism atmosphere in which the mixture of Muslim heritage or faith and political activism attracted the scrutiny of US security agencies, despite first amendment protections. It presented the cases of five American activists and attorneys of Muslim heritage who appear to have been targeted for surveillance, at least between 2002 and 2008. None have been charged with a crime.
  • US Muslim leaders and civil rights groups reacted with fury to the Intercept report.A coalition of 44 civil rights organizations wrote Obama on Wednesday to request a meeting with him, attorney general Eric Holder and FBI director James Comey. "In short, the government’s domestic counterterrorism policies treat entire minority communities as suspect, and American Muslims have borne the brunt of government suspicion, stigma and abuse," reads an open letter issued by a coalition that includes the ACLU, the Presbyterian Church (USA), the Arab-American Institute, and dozens of others.In a statement, the law firm Muslim Advocates said the spying, apparently conducted between 2002 and 2008, "confirms the worst fears of American Muslims"."The federal government has targeted Americans, even those who have served their country in the military and government, simply because of their faith or religious heritage," the group said. "The report clearly documents how biased training by the FBI leads to biased surveillance."
  • Vincent Warren, executive director of the Center for Constitutional Rights, issued a statement comparing the surveillance of Nihad Awad of the Council on American-Islamic Relations, named by the Intercept as one of the five surveillance targets, to the infamous surveillance of the Civil Rights Movement."The NSA’s surveillance of Nihad Awad and CAIR fits the same pattern as the FBI surveillance of Martin Luther King Jr, Ella Baker, Jesse Jackson, Malcolm X, and other leaders of the civil rights movement. Then it was based on manufactured suspicions of associations with the Communist party. Now it is seemingly based on unproven claims of tangential associations with Hamas," Warren said.
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    Don't look for the American Muslim community to let go of this one anytime soon. They know they've been profiled since 9-11 but finally have proof.
Paul Merrell

Provocations as Pretexts for Imperial War: From Pearl Harbor to 9/11 | Global Research - 0 views

  • Wars in an imperialist democracy cannot simply be dictated by executive fiat, they require the consent of highly motivated masses who will make the human and material sacrifices. Imperialist leaders have to create a visible and highly charged emotional sense of injustice and righteousness to secure national cohesion and overcome the natural opposition to early death, destruction and disruption of civilian life and to the brutal regimentation that goes with submission to absolutist rule by the military. The need to invent a cause is especially the case with imperialist countries because their national territory is not under threat. There is no visible occupation army oppressing the mass of the people in their everyday life. The ‘enemy’ does not disrupt everyday normal life – as forced conscription would and does. Under normal peaceful time, who would be willing to sacrifice their constitutional rights and their participation in civil society to subject themselves to martial rule that precludes the exercise of all their civil freedoms?
  • The task of imperial rulers is to fabricate a world in which the enemy to be attacked (an emerging imperial power like Japan) is portrayed as an ‘invader’ or an ‘aggressor’ in the case of revolutionary movements (Korean and Indo-Chinese communists) engaged in a civil war against an imperial client ruler or a ‘terrorist conspiracy’ linked to an anti-imperialist, anti-colonial Islamic movements and secular states. Imperialist-democracies in the past did not need to consult or secure mass support for their expansionist wars; they relied on volunteer armies, mercenaries and colonial subjects led and directed by colonial officers. Only with the confluence of imperialism, electoral politics and total war did the need arise to secure not only consent, but also enthusiasm, to facilitate mass recruitment and obligatory conscription. Since all US imperial wars are fought ‘overseas’ – far from any immediate threats, attacks or invasions – -US imperial rulers have the special task of making the ‘causus bellicus’ immediate, ‘dramatic’ and self-righteously ‘defensive’. To this end US Presidents have created circumstances, fabricated incidents and acted in complicity with their enemies, to incite the bellicose temperament of the masses in favor of war.
  • The pretext for wars are acts of provocation which set in motion a series of counter-moves by the enemy, which are then used to justify an imperial mass military mobilization leading to and legitimizing war. State ‘provocations’ require uniform mass media complicity in the lead-up to open warfare: Namely the portrayal of the imperial country as a victim of its own over-trusting innocence and good intentions. All four major US imperial wars over the past 67 years resorted to a provocation, a pretext, and systematic, high intensity mass media propaganda to mobilize the masses for war. An army of academics, journalists, mass media pundits and experts ‘soften up’ the public in preparation for war through demonological writing and commentary: Each and every aspect of the forthcoming military target is described as totally evil – hence ‘totalitarian’ – in which even the most benign policy is linked to demonic ends of the regime. Since the ‘enemy to be’ lacks any saving graces and worst, since the ‘totalitarian state’ controls everything and everybody, no process of internal reform or change is possible. Hence the defeat of ‘total evil’ can only take place through ‘total war’. The targeted state and people must be destroyed in order to be redeemed. In a word, the imperial democracy must regiment and convert itself into a military juggernaut based on mass complicity with imperial war crimes. The war against ‘totalitarianism’ becomes the vehicle for total state control for an imperial war.
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  • In the case of the US-Japanese war, the US-Korean war, the US-Indochinese war and the post-September 11 war against an independent secular nationalist regime (Iraq) and the Islamic Afghan republic, the Executive branch (with the uniform support of the mass media and congress) provoked a hostile response from its target and fabricated a pretext as a basis for mass mobilization for prolonged and bloody wars.
  • Wars in an imperialist democracy cannot simply be dictated by executive fiat, they require the consent of highly motivated masses who will make the human and material sacrifices. Imperialist leaders have to create a visible and highly charged emotional sense of injustice and righteousness to secure national cohesion and overcome the natural opposition to early death, destruction and disruption of civilian life and to the brutal regimentation that goes with submission to absolutist rule by the military. The need to invent a cause is especially the case with imperialist countries because their national territory is not under threat. There is no visible occupation army oppressing the mass of the people in their everyday life. The ‘enemy’ does not disrupt everyday normal life – as forced conscription would and does. Under normal peaceful time, who would be willing to sacrifice their constitutional rights and their participation in civil society to subject themselves to martial rule that precludes the exercise of all their civil freedoms?
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    Lengthy look at provocations and pretexts used to start U.S. foreign wars. 
Paul Merrell

Palestinian Civil Society Salutes California Dockworkers and Endorses their "Block-the-... - 0 views

  • Occupied Palestine, 7 October 2014 – The Palestinian Boycott, Divestment and Sanctions National Committee (BNC), the largest coalition in Palestinian society that leads the global BDS movement for Palestinian rights, warmly salutes the Oakland, California dockworkers and community activists for their inspiring new victory against the Israeli container ship Zim on 27 September 2014. As widely reported, community and trade union activists demonstrating against the recent Israeli massacre in Gaza have launched a 200-strong fresh picket at the Port of Oakland in California, preventing the Zim Shanghai from unloading its cargo. Heeding Palestinian civil society’s call from Gaza for intensifying BDS actions against Israel and its complicit companies and institutions, the “Block the Boat” campaign activists gathered at the port to prevent the Zim from offloading. Members of the International Longshore and Warehouse Union (ILWU-Local 10) refused to unload the ship, citing “safety fears.” The 5 September Call from Gaza, issued by the BNC and the main trade and professional unions, women’s associations and mass movements in Gaza, called for: “Building effective direct action against Israel and Israeli companies, such as the inspiring Block the Boat actions that prevented Israeli ships from unloading in California and Seattle … .” Abdulrahman Abu Nahel, BNC coordinator in Gaza, commented on this fresh victory saying, “This success will further boost the global Boycott, Divestment and Sanctions (BDS) movement’s ability to hold Israel to account for its siege of Gaza and other crimes committed against the Palestinian people.” “The dockworkers of ILWU-Local 10 and Oakland community activists are showing what effective, principled solidarity looks like. We deeply appreciate their ongoing support for our struggle for freedom, justice and equality,” added Abu Nahel.
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    Note carefully that theBDS demonstrators blocking the Israeli ship from unloading included the Longshoreman and Warehouse Union. Same in Los Angeles a couple of days ago. The significance: During the South African apartied BDS movement, the involvement of the same union was the straw that broke South Africa's back and caused the U.S. government, the last nation still supporting South Africa, to drop its support. Very quickly, South Africa had a new government with Nelson Mandela as President. This may not be that critical added straw this time around, but BDS is getting very near critical mass.  
Paul Merrell

Memo to Potential Whistleblowers: If You See Something, Say Something | Global Research - 0 views

  • Blowing the whistle on wrongdoing creates a moral frequency that vast numbers of people are eager to hear. We don’t want our lives, communities, country and world continually damaged by the deadening silences of fear and conformity. I’ve met many whistleblowers over the years, and they’ve been extraordinarily ordinary. None were applying for halos or sainthood. All experienced anguish before deciding that continuous inaction had a price that was too high. All suffered negative consequences as well as relief after they spoke up and took action. All made the world better with their courage. Whistleblowers don’t sign up to be whistleblowers. Almost always, they begin their work as true believers in the system that conscience later compels them to challenge. “It took years of involvement with a mendacious war policy, evidence of which was apparent to me as early as 2003, before I found the courage to follow my conscience,” Matthew Hoh recalled this week.“It is not an easy or light decision for anyone to make, but we need members of our military, development, diplomatic and intelligence community to speak out if we are ever to have a just and sound foreign policy.”
  • Hoh describes his record this way: “After over 11 continuous years of service with the U.S. military and U.S. government, nearly six of those years overseas, including service in Iraq and Afghanistan, as well as positions within the Secretary of the Navy’s Office as a White House Liaison, and as a consultant for the State Department’s Iraq Desk, I resigned from my position with the State Department in Afghanistan in protest of the escalation of war in 2009.” Another former Department of State official, the ex-diplomat and retired Army colonel Ann Wright, who resigned in protest of the Iraq invasion in March 2003, is crossing paths with Hoh on Friday as they do the honors at a ribbon-cutting — half a block from the State Department headquarters in Washington — for a billboard with a picture of Pentagon Papers whistleblower Daniel Ellsberg. Big-lettered words begin by referring to the years he waited before releasing the Pentagon Papers in 1971. “Don’t do what I did,” Ellsberg says on the billboard.  “Don’t wait until a new war has started, don’t wait until thousands more have died, before you tell the truth with documents that reveal lies or crimes or internal projections of costs and dangers. You might save a war’s worth of lives.
  • The billboard – sponsored by the ExposeFacts organization, which launched this week — will spread to other prominent locations in Washington and beyond. As an organizer for ExposeFacts, I’m glad to report that outreach to potential whistleblowers is just getting started. (For details, visit ExposeFacts.org.) We’re propelled by the kind of hopeful determination that Hoh expressed the day before the billboard ribbon-cutting when he said: “I trust ExposeFacts and its efforts will encourage others to follow their conscience and do what is right.” The journalist Kevin Gosztola, who has astutely covered a range of whistleblower issues for years, pointed this week to the imperative of opening up news media. “There is an important role for ExposeFacts to play in not only forcing more transparency, but also inspiring more media organizations to engage in adversarial journalism,” he wrote. “Such journalism is called for in the face of wars, environmental destruction, escalating poverty, egregious abuses in the justice system, corporate control of government, and national security state secrecy. Perhaps a truly successful organization could inspire U.S. media organizations to play much more of a watchdog role than a lapdog role when covering powerful institutions in government.”
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  • Overall, we desperately need to nurture and propagate a steadfast culture of outspoken whistleblowing. A central motto of the AIDS activist movement dating back to the 1980s – Silence = Death – remains urgently relevant in a vast array of realms. Whether the problems involve perpetual war, corporate malfeasance, climate change, institutionalized racism, patterns of sexual assault, toxic pollution or countless other ills, none can be alleviated without bringing grim realities into the light. “All governments lie,” Ellsberg says in a video statement released for the launch of ExposeFacts, “and they all like to work in the dark as far as the public is concerned, in terms of their own decision-making, their planning — and to be able to allege, falsely, unanimity in addressing their problems, as if no one who had knowledge of the full facts inside could disagree with the policy the president or the leader of the state is announcing.” Ellsberg adds: “A country that wants to be a democracy has to be able to penetrate that secrecy, with the help of conscientious individuals who understand in this country that their duty to the Constitution and to the civil liberties and to the welfare of this country definitely surmount their obligation to their bosses, to a given administration, or in some cases to their promise of secrecy.”
  • Right now, our potential for democracy owes a lot to people like NSA whistleblowers William Binney and Kirk Wiebe, and EPA whistleblower Marsha Coleman-Adebayo. When they spoke at the June 4 news conference in Washington that launched ExposeFacts, their brave clarity was inspiring. Antidotes to the poisons of cynicism and passive despair can emerge from organizing to help create a better world. The process requires applying a single standard to the real actions of institutions and individuals, no matter how big their budgets or grand their power. What cannot withstand the light of day should not be suffered in silence. If you see something, say something.
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    While some governments -- my own included -- attempt to impose an Orwellian Dark State of ubiquitous secret surveillance, secret wars, the rule of oligarchs, and public ignorance, the Edward Snowden leaks fanned the flames of the countering War on Ignorance that had been kept alive by civil libertarians. Only days after the U.S. Supreme Court denied review in a case where a reporter had been ordered to reveal his source of information for a book on the Dark State under the penalties for contempt of court (a long stretch in jail), a new web site is launched for communications between sources and journalists where the source's names never need to be revealed. This article is part of the publicity for that new weapon fielded by the civil libertarian side in the War Against Ignorance.  Hurrah!
Paul Merrell

Pambazuka - Egypt is calling the West's bluff over its phony war on ISIS - 1 views

  • As Egyptian President Sisi calls for more support in the fight against NATO-funded militias in Libya, the West’s refusal to back him raises the question of their ultimate aims in entering the region. The West is complicity in enabling ISIS to gain a strong foothold and further destabilise Libya, Syria and, potentially, Egypt.Western states are trumpeting ISIS as the latest threat to civilisation, claiming total commitment to their defeat, and using the group’s conquests in Syria and Iraq as a pretext for deepening their own military involvement in the Middle East. Yet as Libya seems to be following the same path as Syria – of ‘moderate’ anti-government militias backed by the West paving the way for ISIS takeover – Britain and the US seem reluctant to confront them there, immediately pouring cold water on Egyptian President Sisi’s request for an international coalition to halt their advances. By making the suggestion – and having it, predictably, spurned – Sisi is making clear Western duplicity over ISIS and the true nature of NATO policy in Libya.
  • On 29th August 2011, two months before the last vestiges of the Libyan state were destroyed and its leader executed, I was interviewed on Russia Today about the country’s future. I told the station: “There’s been a lot of talk about what will happen [in Libya after the ouster of Gaddafi] – will there be Sharia law, will there be a liberal democracy? What we have to understand is that what will replace the Libyan state won’t be any of those things. What will replace the Libyan state will be the same as what has replaced the state in Iraq and Afghanistan, which is a dysfunctional government, complete lack of security, gang warfare and civil war. And this is not a mistake from NATO. They would prefer to see failed states than states that are powerful and independent and able to challenge their hegemony. And people who are fighting for the TNC, fighting for NATO, really need to understand that this is NATO’s vision for their country.” Friends at the time told me I was being overly pessimistic and cynical. I said I hoped to God that they were right. But my experiences over a decade following the results of my own country (Britain)’s wars of aggression in places like Kosovo, Afghanistan and Iraq long after the mainstream media had lost interest, led me to believe otherwise.
  • Of course, it was not only me who was making such warnings. On March 6th 2011, several weeks before NATO began seven months of bombing, Gaddafi gave a prophetic interview with French newspaper Le Monde du Dimanche, in which he stated: “I want to make myself understood: if one threatens [Libya], if one seeks to destabilize [Libya], there will be chaos, Bin Laden, armed factions. That is what will happen. You will have immigration, thousands of people will invade Europe from Libya. And there will no longer be anyone to stop them. Bin Laden will base himself in North Africa and will leave Mullah Omar in Afghanistan and Pakistan. You will have Bin Laden at your doorstep.”
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  • his is the state of affairs NATO bequeathed to Libya, reversing the country’s trajectory as a stable, prosperous pan-African state that was a leading player in the African Union, and a thorn in the side of US and British attempts to re-establish military domination. And it is not only Libya that has suffered; the power vacuum resulting from NATO’s wholesale destruction of the Libyan state apparatus has dragged the whole region into the vortex. As Brendan O Neill has shown in detail, the daily horrors being perpetrated in Mali, Nigeria and now Cameroon are all a direct result of NATO’s bloodletting, as death squads from across the entire Sahel-Sahara region have been given free reign to set up training camps and loot weapons across the giant zone of lawlessness which NATO have sculpted out of Libya.
  • The result? African states that in 2010 were forging ahead economically, greatly benefitting from Chinese infrastructure and manufacturing investment, moving away from centuries of colonial and neo-colonial dependence on extortionate Western financial institutions, have been confronted with massive new terror threats from groups such as Boko Haram, flush with new weaponry and facilities courtesy of NATO’s humanitarianism. Algeria and Egypt, too, still governed by the same independent-minded movements which overthrew European colonialism, have seen their borders destabilised, setting the stage for ongoing debilitating attacks planned and executed from NATO’s new Libyan militocracy. This is the context in which Egypt is launching the regional fightback against NATO’s destabilisation strategy.
  • Over the past year in particular, Egyptians have witnessed their Western neighbour rapidly descending down the same path of ISIS takeover as Syria. In Syria, a civil war between a Western-sponsored insurgency and an elected secular government has seen the anti-government forces rapidly fall under the sway of ISIS, as the West’s supposed ‘moderates’ in the Free Syrian Army either join forces with ISIS (impressed by their military prowess, hi-tech weaponry, and massive funding) or find themselves overrun by them. In Libya, the same pattern is quickly developing. The latest phase in the Libyan disaster began last June when the militias who dominated the previous parliament (calling themselves the ‘Libya Dawn’ coalition) lost the election and refused to accept the results, torching the country’s airport and oil storage facilities as opening salvos in an ongoing civil war between them and the newly elected parliament. Both parliaments have the allegiance of various armed factions, and have set up their own rival governments, each controlling different parts of the country. But, starting in Derna last November, areas taken by the Libya Dawn faction have begun falling to ISIS. Last weekend’s capture of Sirte was the third major town to be taken by them, and there is no sign that it will be the last. This is the role that has consistently been played by the West’s proxies across the region – paving the way and laying the ground for ISIS takeover. Egyptian President Sisi’s intervention – airstrikes against ISIS targets in Libya - aims to reverse this trajectory before it reaches Iraqi-Syrian proportions.
  • The internationally-recognised Libyan government based in Tobruk – the one appointed by the House of Representatives that won the election last summer - has welcomed the Egyptian intervention. Not only, they hope, will it help prevent ISIS takeover, but will also cement Egyptian support for their side in the ongoing civil war with ‘Libya Dawn’. Indeed, Egypt could, with some justification, claim that winning the war against ISIS requires a unified Libyan government committed to this goal, and that the Dawn’s refusal to recognise the elected parliament , not to mention their ‘ambiguous’ attitude towards ISIS, is the major obstacle to achieving such an outcome. Does this mean that the Egyptian intervention will scupper the UN’s ‘Libya dialogue’ peace talks initiative? Not necessarily; in fact it could have the opposite effect. The first two rounds of the talks were boycotted by the General National Congress (GNC) - the Libya Dawn parliament- safe in the knowledge that they would continue to receive weapons and financing from NATO partners Qatar and Turkey whilst the internationally-recognised Tobruk government remained under an international arms embargo. As the UK’s envoy to the Libya Dialogue, Jonathan Powell, noted this week, the “sine qua non for a [peace] settlement” is a “mutually hurting stalemate”. By balancing up the scales in the civil war, Egyptian support military support for the Tobruk government may show the GNC that taking the talks seriously will be more in their interests than continuation of the fight.
  • Sisi’s call for the military support of the West in his intervention has effectively been rejected, as he very likely expected it to be. A joint statement by the US and Britain and their allies on Tuesday poured cold water on the idea, and no wonder – they did not go to all the bother of turning Libya into the centre of their regional destabilisation strategy only to then try to stabilise it just when it is starting to bear fruit. However, by forcing them to come out with such a statement, Sisi has called the West’s bluff. The US and Britain claim to be committed to the destruction of ISIS, a formation which is the product of the insurgency they have sponsored in Syria for the past four years, and Sisi is asking them to put their money where their mouth is. They have refused to do so. In the end, the Egyptian resolution to the UN Security Council (UNSC) on Wednesday made no mention of calling for military intervention by other powers, and limited itself to calling for an end to the one-sided international arms embargo which prevents the arming of the elected government but does not seem to deter NATO’s regional partners from openly equipping the ‘Libya Dawn’ militias. Sisi has effectively forced the West to show its hand: their rejection of his proposal to support the intervention makes it clear to the world the two-faced nature of their supposed commitment to the destruction of ISIS.
  • There are, however, deep divisions on this issue in Europe. France is deepening its military presence in the Sahel-Sahara region, with 3000 troops based in Chad, Niger, Burkina Faso and Mali and a massive new base opened on the Libyan border in Niger last October, and would likely welcome a pretext to extend its operations to its historic protectorate in Southern Libya. Italy, likewise, is getting cold feet about the destabilisation it helped to unleash, having not only damaged a valuable trading partner, but increasingly being faced with hundreds of thousands of refugees fleeing the horror and destitution that NATO has gifted the region. But neither are likely to do anything without UNSC approval, which is likely to continue to be blocked by the US and Britain, who are more than happy to see countries like Russian-allied Egypt and Chinese-funded Nigeria weakened and their development retarded by terror bombings. Sisi’s actions will, it is hoped, not only make abundantly clear the West’s acquiescence in the horrors it has created – but also pave the way for an effective fightback against them.
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    Now why would the U.S. and European powers oppose military intervention against ISIL in Libya if ISIL is in fact this force of unmitigated evil we hear about so often in American politics? Or is it a matter of who actually controls ISIL?  
Paul Merrell

Gov't Amasses Riot Police, Military Gear, And Opens Makeshift Prisons To Prepare For RNC - 0 views

  • Authorities in Cleveland, Ohio, are adding fuel to an already “combustible” atmosphere, some activists say, as the city readies extra jail space and courtrooms and shuts down a local university to house 1,700 riot police and their weapons in preparation for demonstrations at next week’s Republican Party convention. Democracy Now! reported Thursday that city officials “say some courts will be kept open almost 24 hours per day in case protesters are arrested en masse. Authorities have also opened up extra jail space to hold protesters.” The decision to shut down classes at Case Western Reserve University to house riot police drew ire from students and faculty,
  • Adding tension to the situation in Cleveland is the fact that several Black Lives Matter protests last week saw mass arrests and violent behavior from police, leading civil rights groups in Louisiana to sue the Baton Rouge police force for violating demonstrators’ First Amendment rights—not to mention the fatal police shootings of two black men in St. Pauland Baton Rouge a week prior. In Cleveland in particular, there is widespread distrust of the police department that fatally shot 12-year-old Tamir Rice, and then lied about the circumstances of the killing to cover themselves. Police nationwide have also been on edge since a lone gunman ambushed a peaceful protest in Dallas, killing five officers. Moreover, it emerged on Thursday that officials from the FBI have been personally contacting civil rights activists associated with the Black Lives Matter movement to warn them that they shouldn’t show up at the convention, the Independent reports.
  • As Ohio has an “open carry” law allowing the open display of guns, observers expect many convention-goers to be armed. “Should violence break out during protests in Cleveland, open-carry activists bearing long-gun rifles may distract officers, frighten demonstrators, or inadvertently endanger themselves,” CityLab argued.
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  • Activists are preparing for the worst. The Boston Globe reported that hundreds of demonstrators “will undergo training to help ensure their safety. Some will don neon green caps and be tasked with documenting—with video—the use of force by police or attacks by other groups.” “Activists are being trained to make sure their hands are always exposed, so it’s evident they are not holding weapons, and to clearly articulate if approached by police that they are ‘complying, not resisting,'” the newspaper added.
  • Heads of the Department of Homeland Security and the FBI both told reporters that theyfear violence from “radical activists” at next week’s convention, ABC reported. “It’s a threat we’re watching very, very carefully,” FBI director James Comey said.
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    The DNC convention may be every bit as tension-filled, with Sanders supporters aiming to bring 1 million people to the convention to sway the vote on floor amendments to the Democratic platform.
Paul Merrell

What the Third Circuit Said in Hassan v. City of New York | Just Security - 0 views

  • In Hassan v. City of New York, the Third Circuit yesterday emphatically overturned a New Jersey district court, which had dismissed a challenge to the New York City Police Department’s Muslim surveillance program. The decision is important not only for the New Jersey plaintiffs who brought the case, but also for its analysis of several legal issues that have dogged efforts to obtain judicial review of surveillance programs.
  • The threshold issue in Hassan was whether the plaintiffs had alleged injury sufficient to establish standing to bring claims that the NYPD’s surveillance of Muslim communities in New Jersey violated the equal protection clause of the Fourteenth Amendment as well as the free exercise and establishment clauses of the First Amendment. The Third Circuit ruled that the fundamental injury alleged by the plaintiffs — unequal treatment on the basis of religion — was sufficient to keep them in court. The court rejected as “too cramped,” the City’s contention that discrimination is only actionable when it results in deprivation of “a tangible benefit like college admission or Social Security.”
  • One of the most remarkable aspects of the lower court’s dismissal of Hassan was its acceptance of the City’s argument that any injury to the plaintiffs was not fairly traceable to the police. Rather, defendants argued, it was the fault of the Associated Press, which published a Pulitzer Prize-winning investigation of the NYPD’s surveillance of Muslim communities in New York and New Jersey. The court described this position — variants of which have been articulated in the wake of Snowden’s disclosures as well — as “What you don’t know can’t hurt you. And, if you do know, don’t shoot us. Shoot the messenger.” The Third Circuit wasn’t buying it. The primary injury alleged was discrimination, which was caused by the City, not than the press.
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  • Next up was the lower court’s dismissal of the case on the grounds that the plaintiffs had failed to state a claim. The plaintiffs had alleged that the NYPD’s surveillance program was facially discriminatory because it targeted Muslims. In response, the City had demanded information about “when, by whom, and how the policy was enacted and where it was written down.” But the court found the plaintiffs had met their burden, alleging specifics about the program “including when it was conceived (January 2002), where the City implemented it (in the New York Metropolitan area with a focus on New Jersey), and why it has been employed because of the belief ‘that Muslim religious identity … is a permissible proxy for criminality.’” In other words, the plaintiffs had sufficiently alleged a facially discriminatory policy even when they couldn’t identify a piece of paper on which it was memorialized. For civil rights lawyers concerned that cases like Iqbal and Twombly are closing off avenues for civil rights litigation, the Third Circuit holding provides some comfort. A key issue in the case was the NYPD’s intent in monitoring Muslims. The City had successfully argued below that it “could not have monitored New Jersey for Muslim terrorist activities without monitoring the Muslim community itself.” Its motive, the City argued, was counterterrorism, not treating Muslims differently. The problem with this argument, the Third Circuit explained, was that the City was mixing up “intent” and “motive.” The intent inquiry focuses on whether a person acts intentionally rather than accidentally, while the motive inquiry focuses on why a person acts. “[E]ven if NYPD officers were subjectively motivated by a legitimate law enforcement purpose … they’ve intentionally discriminated if they wouldn’t have surveilled Plaintiffs had they not been Muslim,” the court concluded.
  • The court then turned to whether, assuming differential treatment, the NYPD program was nevertheless justified on security or public safety grounds. It began its inquiry by examining the appropriate standard of review, concluding that it was appropriate to apply heightened scrutiny to religion-based classifications under the equal protection clause rather than simply to examine whether the City had a rational basis for its actions. Even though religious affiliation, unlike race, is capable of being changed, the Third Circuit agreed with many of its sister courts that it was of such fundamental importance that people should not be required to change their faith.
  • New York City had argued that the surveillance program met the heightened scrutiny standard because it was necessary to meet the threat of terrorism. In support, the City put forward its oft-repeated argument that a “comprehensive understanding of the makeup of the community would help the NYPD figure out where to look — and where not to look — in the event it received information that an Islamist radicalized to violence may be secreting himself in New Jersey.” The court was not convinced that this was a sufficiently close fit with the goal, finding that the City failed to meet its burden of rebutting the presumption of unconstitutionality created by plausible allegation of discrimination. Harking back to the World War II internment of Japanese Americans
  • the Third Circuit cautioned: No matter how tempting it might be to do otherwise, we must apply the same rigorous standards even where national security is at stake. We have learned from experience that it is often where the asserted interest appears most compelling that we must be most vigilant in protecting constitutional rights … Given that “unconditional deference to [the] government[’s] … invocation of ‘emergency’ … has a lamentable place in our history,” the past should not preface yet again bending our constitutional principles merely because an interest in national security is invoked.
  • Lastly, the Third Circuit rejected as “threadbare” the City’s argument that plaintiffs First Amendment free exercise and establishment clause claims failed because they did not allege “overt hostility and prejudice.” As with the equal protection claims, it was not necessary for plaintiffs to demonstrate animus. *     *     * In conclusion, the court reminded us that the targeting of Muslims, which has been a leitmotif of US security policy, was not new. We have been down similar roads before. Jewish-Americans during the Red Scare, African Americans during the Civil Rights Movement, and Japanese-Americans during World War II are examples that readily spring to mind. We are left to wonder why we cannot see with foresight what we see so clearly with hindsight — that “[l]oyalty is a matter of the heart and mind[,] not race, creed, or color.”
Paul Merrell

U.S. Congress Passes Venezuela Sanctions, Obama Expected to Sign | venezuelanalysis.com - 0 views

  • Late on Wednesday the U.S. House of Representatives passed a bill to introduce sanctions against Venezuela. The bill was also passed by the Senate on Monday, and White House officials have indicated that President Barack Obama will sign the bill into law, although it was not specified when. The Venezuelan Defense of Human Rights and Civil Society Act seeks to sanction high ranking Venezuelan officials accused of being responsible for human rights abuses during the opposition unrest movement earlier this year. Primarily, it will sanction such officials with a visa ban and a freeze on any U.S. assets they possess. Democrat senator Robert Menendez, the Act’s main sponsor, said of the bill’s passage that, “The absence of justice and the denial of human rights in Venezuela must end, and the U.S. Congress is playing a powerful part in righting this wrong”. The Act also calls for a U.S. government strategy to increase funding for and availability of anti-government media in Venezuela, including utilizing the Voice of America for this end. The bill states that U.S. foreign policy should aim to “continue to support the development of democratic political processes and independent civil society in Venezuela”.
  • Investigative journalist Eva Golinger has documented how over the last twelve years U.S. government agencies have provided well over $100 million to opposition groups in Venezuela for their activities. The Venezuelan government rejects the Act’s narrative of the opposition’s unrest movement from February to May this year, which led to 43 deaths, including members of security forces and supporters of both sides. It states that the opposition was responsible for violence against civilians and public infrastructure, and that the unrest was aimed at provoking a state coup. Officials also argue that members of security forces accused of abuses against opposition activists were investigated and detained.
  • The Bolivarian Alliance for the Peoples of Our America (ALBA), which counts Venezuela, Cuba, Ecuador and Nicaragua among its members, issued a statement on Thursday opposing the proposed U.S. sanctions. “The countries of the ALBA wish to emphasise that they won’t allow the utilisation of old practices already applied in the region which are directed at fomenting a change in political regime. In this sense, we express our deepest support and solidarity with the people and government of Venezuela,” read the strongly worded statement. The Venezuelan officials who would be sanctioned by the bill have not been named, however Republican senator Marco Rubio recently issued a list of 27 names he suggested should be included.
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  • The diplomatic pressure by the U.S. comes at a difficult economic moment for Venezuela, as a 38% fall in oil prices squeezes the country’s finances and compounds problems of product shortages and high inflation. According to Bloomberg, Venezuelan bond prices have fallen to levels not seen in 16 years, while Wall Street estimates the probability of default at 93%. In response to the high interest rates on borrowing this entails for Venezuela, Maduro said on Monday, “There is a financial blockade against Venezuela meant to impede our access to the financing we need to overcome the decrease in petroleum revenue”. He also denounced the “psychological and political” manipulation of Venezuela’s position in the global market.
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    Standard Deep State maneuver: provoke violent unrest in a nation that is insufficiently servile then sanction that nation for putting down the violence. 
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