Skip to main content

Home/ Socialism and the End of the American Dream/ Group items tagged claims

Rss Feed Group items tagged

clausonlaw22

How Much Does Mental Health Disability Pay In 2023 - 0 views

  •  
    How Much Does Mental Health Disability Pay In 2023 Social Security Disability Insurance (SSDI or SSD) is the sole source of income for millions of Americans who are unable to work due to a non-work-related injury or illness. SSDI benefits are available only to workers and former workers with a substantial employment history. Both physical and mental disabilities are covered under the Social Security Act. While SSDI pays the same benefits for qualifying mental impairments as it does for physical impairments, the amount each individual receives in benefits depends on their history of earnings. This blog post will explain how Social Security defines qualifying disabilities, including mental impairments, and determines each individual's benefit payment. At The Clauson Law Firm, we know how important it is for every disability applicant and benefit recipient to understand how their benefits are arrived at, what affects their continued benefits, and how their benefits can change over time. Contact Clauson Law today if you have questions about qualifying for SSDI benefits or need help filing a claim or appealing a denial. We've helped thousands of disabled people across the U.S. with their disability claims. Mental Impairments And Social Security Disability More than 40% of SSD cases in the United States have some mental health or intellectual impairment as a component in the claim. Mental health impairments can result from an almost unlimited array of circumstances, including traumatic stress; depression; genetic predisposition to depression, bipolar disorder, or schizophrenia; or traumatic brain injury (TBI); one of the many forms of dementia; and others. The ways in which mental impairments affect the person suffering can often interfere with their ability to perform work on a regular basis. These are discussed in detail in the section "Common Mental Disabilities that May Qualify for SSDI" below. But first, let's look at how you qualify for SSD benefits and how you
  •  
    How Much Does Mental Health Disability Pay In 2023
Paul Merrell

U.S. rejects claim that Turkey planned Syria atrocity Anadolu Agency - 0 views

  • The White House and State Department have refuted a media report that Turkey planned a deadly chemical attack in the suburbs of Damascus that nearly brought the U.S. into open conflict with Syria, in a statement issued to Anadolu Agency.
  • The White House and State Department have refuted a media report that Turkey planned a deadly chemical attack in the suburbs of Damascus that nearly brought the U.S. into open conflict with Syria, in a statement issued to Anadolu Agency. Seymour Hersh, a freelance journalist, published an article in the London Review of Books (LRB) in which he claimed that Ankara had supplied the al Nusra Front with chemical weapons that they used to carry out the August 2013 attack. The Washington Post and the New Yorker declined the story prior to its publication in the LRB. “The Assad regime, and only the Assad regime, could have been responsible for the chemical weapons attack that took place on August 21,” said Shawn Turner and Caitlyn Hayden in a statement initially issued to fact checkers working on the report and later sent to AA. “The suggestion that there was an effort to suppress or alter intelligence is simply false.” State Department Spokesperson, Jen Psaki, in her daily press briefing said there is no doubt that the chemical attack was carried out by the Syrian regime.
  • The White House and State Department have refuted a media report that Turkey planned a deadly chemical attack in the suburbs of Damascus that nearly brought the U.S. into open conflict with Syria, in a statement issued to Anadolu Agency.
  • ...2 more annotations...
  • Psaki said, "In light of our reports and intelligence we had recieved, we believe beyond any doubt that the attack on 21 August had been carried out by the Syrian regime and we are still behind the same view shared by the international community." Hersh cited unidentified American officials and a classified intelligence analysis on the opposition's chemical weapons capabilities to back up his claim. “No such paper was ever requested or produced by Intelligence Community analysts,” said Turner and Hayden.     Hersh wrote that U.S. President Barack Obama had established September 2, 2013 as a fixed deadline for the U.S. military to undertake action in Syria following the chemical attack. Turner and Hayden rejected the claim as “completely fabricated”.  The journalist also wrote that the Obama administration had channeled weapons from Libya to the Syrian opposition through southern Turkey, a claim described by Turner and Hayden as “false”.
  • Turkey also reacted to the claim when Turkey's Deputy Prime Minister Bulent Arinc was asked a question about Hersh's claim that Turkey had provided Sarin gas to the people who had conducted chemical attack in Ghouta region. He said "A note sent by the Turkish Foreign Ministry in this regard says that it is absolutely not true. The White House official has also qualified these claims as definitely false and speculative in response to a question regarding the matter." Arinc said, "The claims based on anonymous sources have been conclusively rejected by the White House officials and it has been reconfirmed that the Assad regime is solely responsible for the chemical attack." Noting that they are well aware of previous articles written by Hersh, Arinc said, "Everyone knows very well that the individual's views and claims heard from some unnamed persons are certainly not any verified information and knowledge. In fact, the U.S. officials have quite fairly explained the matter and strictly rejected the claim."
  •  
    Seymour M. Hersh is among the most highly regarded journalists in the world. Mainstream media used to compete for the rights to publish his articles. But apparently he's been digging a little to deeply in the belly of the beast lately. See his latest article that the White House is denying. http://www.lrb.co.uk/2014/04/06/seymour-m-hersh/the-red-line-and-the-rat-line
Paul Merrell

Moon of Alabama - 0 views

  • Over the last year the U.S. bombed Jabhat al-Nusra personal and facilities in Syria some five or six times. The al-Qaeda subgroup also has a history of attacking U.S. paid "relative moderate" proxy forces in Syria. The Pentagon recently inserted another U.S. mercenary group into north Syria. This was accompanied by a media campaign in which the administration lauded itself for the operation. The newly inserted group is especially trained and equipped to direct U.S. air attacks like those that earlier hit al-Nusra fighters. Now that freshly inserted group was attacked by Jabhat al-Nusra. Some of its members were killed and others were abducted. The Obama administration is shocked, SHOCKED, ABSOLUTELY SHOCKED that Jabhat al-Nusra would do such a ghastly deed. "Why would they do that?" "Who could have known that they would attack U.S. proxy forces???"
  • There is no longer an Jihadist ISIS or ISIL in Syria and Iraq. The people leading that entity declared (pdf) today, at the highly symbolic beginning of Ramadan, themselves to be a new caliphate:
  • Could someone explain to the fucking dimwits in the Pentagon and the Obama administrations that people everywhere, and especially terrorists group, hate it when you bomb them and kill their leaders? That those people you bomb might want to take revenge against you and your proxies? That people you bombed will not like your targeting team moving in next door to them? That alQaeda is not an "ally"? These people are too pathetically clueless to even be embarrassed about it. The accumulated intelligence quotient of the administration and Pentagon officials running the anti-Syria operation must be below three digits. But aside from their lack of basic intelligence the utter lack of simple "street smarts" is the real problem here. These people have no idea how life works outside of their beltway cages.
  • ...12 more annotations...
  • On more thought from me on why the dimwits did not foresee that Nusra would attack. The White House insisted on calling a part of Nusra the "Khorasan group" and explained that it was only bombing this groups of alQaeda veterans now part of Nusra because the "Khorasan group" planning to hit in "western" countries. No expert nor anyone on the ground in Syria thought that this differentiation was meaningful. Nusra is alQaeda and so are all of its members. But the White House and Pentagon probably thought that Nusra would accept the artificial separation they themselves had made up. That Nusra would understand that it is seen as an "ally" and only the "Khorasan group" is seen as an enemy. If that was the line of thinking, and the situation seems to point to that, then these people have fallen for their own propaganda stunt. They probably believed that the "Khorasan group" was an accepted narrative because they were telling that tale to themselves. Poor idiots.
  • UPDATE: The one sane guy at the Council of Foreign relations, Micah Zenko, foresaw this debacle and wrote on March 2: [The U.S. trained mercenaries] will immediately be an attractive target for attacks by the Islamic State, Assad’s ground and air forces, and perhaps Nusra and other forces. Killing or taking prisoner fighters (or the families of those fighters) who were trained by the U.S. military will offer propaganda value, as well as leverage, to bargain for those prisoners’ release. He compared the whole operation to the 1961 CIA invasion of Cuba: Last September, the White House and Congress agreed to authorize and fund a train-and-equip project similar to the Bay of Pigs, but this time in the Middle East, without any discussion about phase two. The Syrian project resembles 1961 in two ways: What happens when the fighting starts is undecided, and the intended strategic objective is wholly implausible.
  • The attack on Friday was mounted by the Nusra Front, which is affiliated with Al Qaeda. It came a day after the Nusra Front captured two leaders and at least six fighters of Division 30, which supplied the first trainees to graduate from the Pentagon’s anti-Islamic State training program. In Washington, several current and former senior administration officials acknowledged that the attack and the abductions by the Nusra Front took American officials by surprise and amounted to a significant intelligence failure. While American military trainers had gone to great lengths to protect the initial group of trainees from attacks by Islamic State or Syrian Army forces, they did not anticipate an assault from the Nusra Front. In fact, officials said on Friday, they expected the Nusra Front to welcome Division 30 as an ally in its fight against the Islamic State....A senior Defense Department official acknowledged that the threat to the trainees and their Syrian recruiters had been misjudged, and said that officials were trying to understand why the Nusra Front had turned on the trainees. Like other Obama administration operations this one did not fail because of "intelligence failure" but because an utter lack of common sense.
  • U.S. media can no agree with itself if Russia is giving ISIS an airforce or if Russia pounds ISIS with the biggest bomber raid in decades. Such confusion occurs when propaganda fantasies collide with the observable reality. To bridge such divide requires some fudging. So when the U.S. claims to act against the finances of the Islamic State while not doing much, the U.S Public Broadcasting Service has to use footage of Russian airstrikes against the Islamic State while reporting claimed U.S. airstrike successes. The U.S. military recently claimed to have hit Islamic State oil tankers in Syria. This only after Putin embarrassed Obama at the G-20 meeting in Turkey. Putin showed satellite pictures of ridiculous long tanker lines waiting for days and weeks to load oil from the Islamic State without any U.S. interference.
  • The U.S. then claimed to have hit 116 oil tankers while the Russian air force claims to have hit 500. But there is an important difference between these claims. The Russians provided videos showing how their airstrikes hit at least two different very large oil tanker assemblies with hundreds of tankers in each. They also provided video of several hits on oil storage sites and refinery infrastructure. I have found no video of U.S. hits on Islamic State oil tanker assemblies. The U.S. PBS NewsHour did not find any either. In their TV report yesterday about Islamic State financing and the claimed U.S. hits on oil trucks they used the videos Russia provided without revealing the source. You can see the Russian videos played within an interview with a U.S. military spokesperson at 2:22 min.
  • The U.S. military spokesperson speaks on camera about U.S. airforce hits against the Islamic State. The video cuts to footage taken by Russian airplanes hitting oil tanks and then trucks. The voice-over while showing the Russian video with the Russians blowing up trucks says: "For the first time the U.S. is attacking oil delivery trucks." The video then cuts back to the U.S. military spokesperson. At no point is the Russian campaign mentioned or the source of the footage revealed. Any average viewer of the PBS report will assume that the black and white explosions of oil trucks and tanks are from of U.S. airstrikes filmed by U.S. air force planes. The U.S. military itself admitted that its strikes on IS oil infrastructure over the last year were "minimally effective". One wonders then how effective the claimed strike against 116 trucks really was. But unless we have U.S. video of such strikes and not copies of Russian strike video fraudulently passed off as U.S. strikes we will not know if those strikes happened at all.
  • The wannabe Sultan Erdogan did not get his will in Syria where he had planned to capture and annex Aleppo. The Russians prevented that. He now goes for his secondary target, Mosul in Iraq, which many Turks see as historic part of their country
  • Mosul, Iraq's second biggest city with about a million inhabitants, is currently occupied by the Islamic State. On Friday a column of some 1,200 Turkish soldiers with some 20 tanks and heavy artillery moved into a camp near Mosul. The camp was one of four small training areas where Turkey was training Kurds and some Sunni-Arab Iraqis to fight the Islamic State. The small camps in the northern Kurdish area have been there since the 1990s. They were first established to fight the PKK. Later their Turkish presence was justified as ceasefire monitors after an agreement ended the inner Kurdish war between the KDP forces loyal to the Barzani clan and the PUK forces of the Talabani clan. The bases were actually used to monitor movement of the PKK forces which fight for Kurdish independence in Turkey. The base near Mosul is new and it was claimed to be just a small weapons training base. But tanks and artillery have a very different quality than some basic AK-47 training. Turkey says it will increase the numbers in these camps to over 2000 soldiers.
  • Should Mosul be cleared of the Islamic State the Turkish heavy weapons will make it possible for Turkey to claim the city unless the Iraqi government will use all its power to fight that claim. Should the city stay in the hands of the Islamic State Turkey will make a deal with it and act as its protector. It will benefit from the oil around Mosul which will be transferred through north Iraq to Turkey and from there sold on the world markets. In short: This is an effort to seize Iraq's northern oil fields. That is the plan but it is a risky one. Turkey did not ask for permission to invade Iraq and did not inform the Iraqi government. The Turks claim that they were invited by the Kurds: Turkey will have a permanent military base in the Bashiqa region of Mosul as the Turkish forces in the region training the Peshmerga forces have been reinforced, Hürriyet reported. The deal regarding the base was signed between Kurdistan Regional Government (KRG) President Massoud Barzani and Turkish Foreign Minister Feridun Sinirlioğlu, during the latter’s visit to northern Iraq on Nov. 4. There are two problems with this. First: Massoud Barzani is no longer president of the KRG. His mandate ran out and the parliament refused to prolong it. Second: Mosul and its Bashiqa area are not part of the KRG. Barzani making a deal about it is like him making a deal about Paris.
  • The Iraqi government and all major Iraqi parties see the Turkish invasion as a hostile act against their country. Abadi demanded the immediate withdrawal of the Turkish forces but it is unlikely that Turkey will act on that. Some Iraqi politicians have called for the immediate dispatch of the Iraqi air force to bomb the Turks near Mosul. That would probably the best solution right now but the U.S. installed Premier Abadi is too timid to go for such strikes. The thinking in Baghdad is that Turkey can be kicked out after the Islamic State is defeated. But this thinking gives Turkey only more reason to keep the Islamic State alive and use it for its own purpose. The cancer should be routed now as it is still small. Barzani's Kurdistan is so broke that is has even confiscated foreign bank accounts to pay some bills. That may be the reason why Barzani agreed to the deal now. But the roots run deeper. Barzani is illegally selling oil that belongs to the Iraqi government to Turkey. The Barzani family occupies  not only the presidential office in the KRG but also the prime minister position and the local secret services. It is running the oil business and gets a big share of everything else. On the Turkish side the oil deal is handled within the family of President Erdogan. His son in law, now energy minister, had the exclusive right to transport the Kurdish oil through Turkey. Erdogan's son controls the shipping company that transports the oil over sea to the customer, most often Israel. The oil under the control of the Islamic State in Iraq passes the exactly same route. These are businesses that generate hundreds of millions per year.
  • It is unlikely that U.S., if it is not behinds Turkey new escapade, will do anything about it. The best Iraq could do now is to ask the Russians for their active military support. The Turks insisted on their sovereignty when they ambushed a Russian jet that brushed its border but had no intend of harming Turkey. Iraq should likewise insist on its sovereignty, ask Russia for help and immediately kick the Turks out. The longer it waits the bigger the risk that Turkey will eventually own Mosul.
  • Another fake news item currently circling is that Trump has given order to the military to create safe zones for Syria. The reality is still far from it: [H]is administration crafted a draft order that would direct the Pentagon and the State Department to submit plans for the safe zones within 90 days. The order hasn't yet been issued. The draft of the order, which will be endlessly revised, says that safe zones could be in Syria or in neighboring countries. The Pentagon has always argued against such zones in Syria and the plans it will submit, should such an order be issued at all, will reflect that. The safe zones in Syria ain't gonna happen
  •  
    So the first group of U.S. trained "moderate" Syrian opposition fighters are an epic fail. Who'd of thunk? 
Paul Merrell

A Clinton Fan Manufactured Fake News That MSNBC Personalities Spread to Discredit WikiL... - 0 views

  • The phrase “Fake News” has exploded in usage since the election, but the term is similar to other malleable political labels such as “terrorism” and “hate speech”; because the phrase lacks any clear definition, it is essentially useless except as an instrument of propaganda and censorship. The most important fact to realize about this new term: those who most loudly denounce Fake News are typically those most aggressively disseminating it. One of the most egregious examples was the recent Washington Post article hyping a new anonymous group and its disgusting blacklist of supposedly pro-Russia news outlets – a shameful article mindlessly spread by countless journalists who love to decry Fake News, despite the Post article itself being centrally based on Fake News. (The Post this week finally added a lame editor’s note acknowledging these critiques; the Post editors absurdly claimed that they did not mean to “vouch for the validity” of the blacklist even though the article’s key claims were based on doing exactly that). Now we have an even more compelling example. Back in October, when WikiLeaks was releasing emails from the John Podesta archive, Clinton campaign officials and their media spokespeople adopted a strategy of outright lying to the public, claiming – with no basis whatsoever – that the emails were doctored or fabricated and thus should be ignored. That lie – and that is what it was: a claim made with knowledge of its falsity or reckless disregard for its truth – was most aggressively amplified by MSNBC personalities such as Joy Ann Reid and Malcolm Nance, The Atlantic’s David Frum, and Newsweek’s Kurt Eichenwald.
  • The phrase “Fake News” has exploded in usage since the election, but the term is similar to other malleable political labels such as “terrorism” and “hate speech”; because the phrase lacks any clear definition, it is essentially useless except as an instrument of propaganda and censorship. The most important fact to realize about this new term: Those who most loudly denounce Fake News are typically those most aggressively disseminating it. One of the most egregious examples was the recent Washington Post article hyping a new anonymous group and its disgusting blacklist of supposedly pro-Russia news outlets — a shameful article mindlessly spread by countless journalists who love to decry Fake News, despite the Post article itself being centrally based on Fake News. (The Post this week finally added a lame editor’s note acknowledging these critiques; the Post editors absurdly claimed that they did not mean to “vouch for the validity” of the blacklist even though the article’s key claims were based on doing exactly that). Now we have an even more compelling example. Back in October, when WikiLeaks was releasing emails from the John Podesta archive, Clinton campaign officials and their media spokespeople adopted a strategy of outright lying to the public, claiming — with no basis whatsoever — that the emails were doctored or fabricated and thus should be ignored. That lie — and that is what it was: a claim made with knowledge of its falsity or reckless disregard for its truth — was most aggressively amplified by MSNBC personalities such as Joy Ann Reid and Malcolm Nance, The Atlantic’s David Frum, and Newsweek’s Kurt Eichenwald.
  • That the emails in the Wikileaks archive were doctored or faked — and thus should be disregarded — was classic Fake News, spread not by Macedonian teenagers or Kremlin operatives but by established news outlets such as MSNBC, The Atlantic, and Newsweek. And, by design, this Fake News spread like wildfire all over the internet, hungrily clicked and shared by tens of thousands of people eager to believe it was true. As a result of this deliberate disinformation campaign, anyone reporting on the contents of the emails was instantly met with claims that the documents in the archive had been proven fake. The most damaging such claim came from MSNBC’s intelligence analyst Malcolm Nance. As I documented on October 11, he tweeted what he — for some bizarre reason — labeled an “Official Warning.” It decreed: “#PodestaEmails are already proving to be riddled with obvious forgeries & #blackpropaganda not even professionally done.” That tweet was re-tweeted by more than 4,000 people. It was vested with added credibility by Clinton-supporting journalists like Reid and Frum (“expert to take seriously”).
  • ...3 more annotations...
  • From the start, it was obvious that it was this accusation from Clinton supporters — not the WikiLeaks documents — that was a complete fraud, perpetrated on the public as deliberate disinformation. With regard to the claim about the Podesta emails, now we know exactly who created it in the first instance: a hard-core Clinton fanatic.
  • All of that, in turn, led to an article in something called the “Daily News Bin” with the headline: “MSNBC intelligence expert: WikiLeaks is releasing falsified emails not really from Hillary Clinton.” This classic fake news product — citing Nance and Reid among others — was shared more than 40,000 times on Facebook alone.
  • Sadly for Chacon, however, the people who ended up getting fooled by his Fake News items were the nation’s most prominent Clinton supporters, including supposed experts and journalists from MSNBC who used his obvious fakes to try to convince the world that the WikiLeaks archive had been compromised and thus should be ignored.
Paul Merrell

Keith Alexander Refutes Claims NSA Doesn't Get Cell Data | emptywheel - 0 views

  • Eight days ago, the country’s four major newspapers reported a claim that the NSA collected 33% or less of US phone records (under the Section 215 program, they should have specified, but did not) because it couldn’t collect most cell phone metadata:
  • Since that time, I have pointed to a number of pieces of evidence that suggest these claims are only narrowly true: A WSJ article from June made it clear the cell gap, such as it existed, existed primarily for Verizon and T-Mobile, but their calls were collected via other means (the WaPo and NYT both noted this in their stories without considering how WSJ’s earlier claim it was still near-comprehensive contradicted the 33% claim) The NSA’s claimed Section 215 dragnet successes — Basaaly Moalin, Najibullah Zazi, Tsarnaev brothers — all involved cell users
  • Identifying Moalin via the dragnet likely would have been impossible if NSA didn’t have access to T-Mobile cell data The phone dragnet orders specifically included cell phone identifiers starting in 2008 Also since 2008, phone dragnet orders seem to explicitly allow contact-chaining on cell identifiers, and several of the tools they use with phone dragnet data specifically pertain to cell phones
  • ...2 more annotations...
  • Now you don’t have to take my word for it. Here’s what Keith Alexander had to say about the claim Friday: Responding to a question about recent reports that the NSA collects data on only 20% to 30% of calls involving U.S. numbers, Alexander acknowledged that the agency doesn’t have full coverage of those calls. He wouldn’t say what fraction of the calls NSA gets information on, but specifically denied that the agency is completely missing data on calls made with cell phones. “That part is not true,” he said. “We don’t get it all. We don’t get 100% of the data. It’s not where we want it to be, but it has been sufficient to go after the key targets that we’re going after.” [my emphasis] Admittedly, Alexander is not always entirely honest, so it’s possible he’s just trying to dissuade terrorists from using cellphones while the NSA isn’t tracking them. But he points to the same evidence I did — that NSA has gotten key targets who use cell phones.
  • There’s something else Alexander said that might better explain the slew of claims that it can’t collect cell phone data. The NSA director, who is expected to retire within weeks, indicated that some of the gaps in coverage are due to the fact that the NSA “paused any changes to the program” during the recent controversy and discussions about restructuring the effort. The NSA has paused changes to the program. This echoes WaPo and WSJ reports that crises (they cited both the 2009 and current crisis) delayed some work on integrating cell data, but suggests that NSA was already making changes when the Snowden leaks started.
Paul Merrell

Am. Express Co. v. Italian Colors Rest. :: Justia US Supreme Court Center - 0 views

  • Justia.com Opinion Summary: An agreement between American Express and merchants who accept American Express cards, requires that all of their disputes be resolved by arbitration and provides that there “shall be no right or authority for any Claims to be arbitrated on a class action basis.” The merchants filed a class action, claiming that American Express violated section 1 of the Sherman Act and seeking treble damages under section 4 of the Clayton Act. The district court dismissed. The Second Circuit reversed, holding that the class action waiver was unenforceable and that arbitration could not proceed because of prohibitive costs. The Circuit upheld its reversal on remand in light of a Supreme Court holding that a party may not be compelled to submit to class arbitration absent an agreement to do so. The Supreme Court reversed. The FAA reflects an overarching principle that arbitration is a matter of contract and does not permit courts to invalidate a contractual waiver of class arbitration on the ground that the plaintiff’s cost of individually arbitrating a federal statutory claim exceeds the potential recovery. Courts must rigorously enforce arbitration agreements even for claims alleging violation of a federal statute, unless the FAA mandate has been overridden by a contrary congressional command. No contrary congressional command requires rejection of this waiver. Federal antitrust laws do not guarantee an affordable procedural path to the vindication of every claim or indicate an intention to preclude waiver of class-action procedures. The fact that it is not worth the expense involved in proving a statutory remedy does not constitute the elimination of the right to pursue that remedy.
  •  
    Remarkable 5-3 Supreme Court decision in favor of the banksters, in effect overruling a line of prior decisions nearly 30 years old. At issue, whether a credit card monopolists' form contract with merchants containing a mandatory arbitration clause could lawfully bar judicial review under the antitrust laws when the arbitration clause barred class arbitration and the amount merchants could hope to recover was less than a tenth of the expense of litigating claims individually. (Antitrust cases are unusually expensive to prosecute.) For nearly three decades, the Court had implied an exception to the Federal Arbitration Act that allowed plaintiffs to litigate claims subject to arbitration clauses in court to vindicate rights under federal law when arbitration would not provide an effective remedy for the violation of federal law. No more. Upholding the "right" of American Express to insist on a 30 percent share of the price of each sale transacted with an American Express card. Read Justice Kagan's dissent, joined by two other justices, to learn what's wrong with the majority's decision. Her nushell version: "here is the nutshell version of today's opinion, admirably flaunted rather than camoflaged: Too darn bad." The majority did, however, leave it open for Congress to amend the Arbitration Act to resolve the issue. But with corporate and bankster influence in Congress, good luck with that. This decision, unfortunately, has major implications for software developers, as well as other merchants. For example, the current crop of "app store" restrictions on competition enforced by technical measures on app developers by monopolists such as Apple and Microsoft, insisting on a 30 per cent cut of each sale. One can rest assured that such contracts contain similar arbitration clauses
Paul Merrell

Turkish PM replaces 10 ministers amid graft inquiry | Reuters - 0 views

  • (Reuters) - Turkey's Prime Minister Tayyip Erdogan said he replaced ten cabinet ministers, half of his total roster, after three ministers resigned over a high-level graft inquiry on Wednesday. The replaced ministers included EU Minister Egemen Bagis, who was allegedly named in the corruption probe but had not resigned yet, and key positions such as the Economy and justice ministers.
  •  
    It appears that a large-scale purge is under way in NATO member and E.U. candidate nation Turkey, ostensibly based on corruption and graft charges. Score card so far: ten cabinet ministers fired, three more resigned. More than 500 police officers in the Istanbul area have been fired. http://www.todayszaman.com/news-334870-400-more-police-officers-in-istanbul-removed-from-duty.html The purge of police appears to be largely aimed at upper ranks. More than 110 police chiefs have lost their posts and journalists are in an uproar because of a new directive " banning journalists from entering police department buildings." It appears that a large-scale purge is under way in NATO member and E.U. candidate nation Turkey, ostensibly based on corruption and graft charges. Score card so far: ten cabinet ministers fired, three more resigned. More than 500 police officers in the Istanbul area have been fired. http://www.todayszaman.com/news-334870-400-more-police-officers-in-istanbul-removed-from-duty.html The purge of police appears to be largely aimed at upper ranks. More than 110 police chiefs have lost their posts and journalists are in an uproar because of a new directive " banning journalists from entering police department buildings." It appears that a large-scale purge is under way in NATO member and E.U. candidate nation Turkey, ostensibly based on corruption and graft charges. Score card so far: ten cabinet ministers fired, three more resigned. More than 500 police officers in the Istanbul area have been fired. http://www.todayszaman.com/news-334870-400-more-police-officers-in-istanbul-removed-from-duty.html The purge of police appears to be largely aimed at upper ranks. More than 110 police chiefs have lost their posts and journalists are in an uproar because of a new directive " banning journalists from
  •  
    "The United States has demanded the Turkish government condemn false news reports about US Ambassador Francis J. Ricciardone and urged Ankara to protect the strong partnership between the two countries, a Turkish daily reported on Tuesday. Jen Psaki, US State Department Spokesperson, said in a press conference that the ongoing false allegations against US ambassador is disturbing. "On Saturday, several pro-government newspapers accused the US ambassador of being behind a recent wave of arrests as part of the corruption investigation. Pro-government Yeni Şafak wrote on its front page: "Get out of this country," a headline that was apparently directed at the US ambassador. "The US Embassy denied the accusations as "lies and slander." It said through Twitter in Turkish: "No one should jeopardize Turkish-US relations through baseless claims." http://www.todayszaman.com/newsDetail_getNewsById.action;jsessionid=1F7B777659D734167420623A648E1335?newsId=334788&columnistId=0
  •  
    Another reaction came from the Contemporary Journalists Association (ÇGD) on Tuesday. The president of the ÇGD's western Central Anatolia branch, Can Hacıoğlu, said the decisions to ban journalists from entering police departments and the closure of press rooms at those departments are unacceptable. He added that the fact that police departments prefer censorship in a period when Turkey has been discussing opening press agencies at police departments and prosecutor's offices as part of the EU harmonization process is very challenging. "We journalists find this situation very odd," Hacıoğlu said. Hacıoğlu also harshly criticized Turkish Airlines (THY) for stopping the distribution of the Zaman, Today's Zaman, Bugün and Ortadoğu dailies to business class passengers on its planes on Monday without providing any explanation, though other dailies are still being handed out onboard. "Hacıoğlu accused THY of discriminating against the dailies for their coverage of the major corruption scandal involving numerous bureaucrats and the sons of three ministers." "Access to Taraf journalist Mehmet Baransu's website was blocked to users in Turkey by the Telecommunications Directorate (TİB) as of Wednesday evening for publishing photos and tapes about the recent graft investigation. The website, yenidönem.com, is still blocked." http://www.todayszaman.com/newsDetail_getNewsById.action;jsessionid=1F7B777659D734167420623A648E1335?newsId=334831&columnistId=0
Gary Edwards

XKeyscore: NSA tool collects 'nearly everything a user does on the internet' | World ne... - 1 views

  • The latest revelations will add to the intense public and congressional debate around the extent of NSA surveillance programs. They come as senior intelligence officials testify to the Senate judiciary committee on Wednesday, releasing classified documents in response to the Guardian's earlier stories on bulk collection of phone records and Fisa surveillance court oversight.
  • The files shed light on one of Snowden's most controversial statements, made in his first video interview published by the Guardian on June 10
  • "I, sitting at my desk," said Snowden, could "wiretap anyone, from you or your accountant, to a federal judge or even the president, if I had a personal email".
  • ...23 more annotations...
  • US officials vehemently denied this specific claim. Mike Rogers, the Republican chairman of the House intelligence committee, said of Snowden's assertion: "He's lying. It's impossible for him to do what he was saying he could do."
  • But training materials for XKeyscore detail how analysts can use it and other systems to mine enormous agency databases by filling in a simple on-screen form giving only a broad justification for the search. The request is not reviewed by a court or any NSA personnel before it is processed.
  • XKeyscore, the documents boast, is the NSA's "widest reaching" system developing intelligence from computer networks – what the agency calls Digital Network Intelligence (DNI). One presentation claims the program covers "nearly everything a typical user does on the internet", including the content of emails, websites visited and searches, as well as their metadata.
  • Analysts can also use XKeyscore and other NSA systems to obtain ongoing "real-time" interception of an individual's internet activity.
  • Under US law, the NSA is required to obtain an individualized Fisa warrant only if the target of their surveillance is a 'US person', though no such warrant is required for intercepting the communications of Americans with foreign targets.
  • But XKeyscore provides the technological capability, if not the legal authority, to target even US persons for extensive electronic surveillance without a warrant provided that some identifying information, such as their email or IP address, is known to the analyst.
  • One training slide illustrates the digital activity constantly being collected by XKeyscore and the analyst's ability to query the databases at any time.
  • The purpose of XKeyscore is to allow analysts to search the metadata as well as the content of emails and other internet activity, such as browser history, even when there is no known email account (a "selector" in NSA parlance) associated with the individual being targeted.
  • Analysts can also search by name, telephone number, IP address, keywords, the language in which the internet activity was conducted or the type of browser used.
  • One document notes that this is because "strong selection [search by email address] itself gives us only a very limited capability" because "a large amount of time spent on the web is performing actions that are anonymous."
  • Email monitoring
  • One top-secret document describes how the program "searches within bodies of emails, webpages and documents", including the "To, From, CC, BCC lines" and the 'Contact Us' pages on websites".
  • To search for emails, an analyst using XKS enters the individual's email address into a simple online search form, along with the "justification" for the search and the time period for which the emails are sought.
  • One document, a top secret 2010 guide describing the training received by NSA analysts for general surveillance under the Fisa Amendments Act of 2008, explains that analysts can begin surveillance on anyone by clicking a few simple pull-down menus designed to provide both legal and targeting justifications.
  • Once options on the pull-down menus are selected, their target is marked for electronic surveillance and the analyst is able to review the content of their communications:
  • Chats, browsing history and other internet activity
  • Beyond emails, the XKeyscore system allows analysts to monitor a virtually unlimited array of other internet activities, including those within social media.
  • An NSA tool called DNI Presenter, used to read the content of stored emails, also enables an analyst using XKeyscore to read the content of Facebook chats or private messages.
  • The XKeyscore program also allows an analyst to learn the IP addresses of every person who visits any website the analyst specifies.
  • The quantity of communications accessible through programs such as XKeyscore is staggeringly large. One NSA report from 2007 estimated that there were 850bn "call events" collected and stored in the NSA databases, and close to 150bn internet records. Each day, the document says, 1-2bn records were added.
  • William Binney, a former NSA mathematician, said last year that the agency had "assembled on the order of 20tn transactions about US citizens with other US citizens", an estimate, he said, that "only was involving phone calls and emails". A 2010 Washington Post article reported that "every day, collection systems at the [NSA] intercept and store 1.7bn emails, phone calls and other type of communications."
  • The ACLU's deputy legal director, Jameel Jaffer, told the Guardian last month that national security officials expressly said that a primary purpose of the new law was to enable them to collect large amounts of Americans' communications without individualized warrants.
  • "The government doesn't need to 'target' Americans in order to collect huge volumes of their communications," said Jaffer. "The government inevitably sweeps up the communications of many Americans" when targeting foreign nationals for surveillance.
  •  
    "One presentation claims the XKeyscore program covers 'nearly everything a typical user does on the internet' ................................................................. A top secret National Security Agency program allows analysts to search with no prior authorization through vast databases containing emails, online chats and the browsing histories of millions of individuals, according to documents provided by whistleblower Edward Snowden. The NSA boasts in training materials that the program, called XKeyscore, is its "widest-reaching" system for developing intelligence from the internet. The latest revelations will add to the intense public and congressional debate around the extent of NSA surveillance programs. They come as senior intelligence officials testify to the Senate judiciary committee on Wednesday, releasing classified documents in response to the Guardian's earlier stories on bulk collection of phone records and Fisa surveillance court oversight. The files shed light on one of Snowden's most controversial statements, made in his first video interview published by the Guardian on June 10. "I, sitting at my desk," said Snowden, could "wiretap anyone, from you or your accountant, to a federal judge or even the president, if I had a personal email". US officials vehemently denied this specific claim. Mike Rogers, the Republican chairman of the House intelligence committee, said of Snowden's assertion: "He's lying. It's impossible for him to do what he was saying he could do." But training materials for XKeyscore detail how analysts can use it and other systems to mine enormous agency databases by filling in a simple on-screen form giving only a broad justification for the search. The request is not reviewed by a court or any NSA personnel before it is processed. XKeyscore, the documents boast, is the NSA's "widest reaching" system developing intelligence from computer networks - what the agency calls Digital Network Intelligence (DNI). One
  •  
    "But training materials for XKeyscore detail how analysts can use it and other systems to mine enormous agency databases by filling in a simple on-screen form giving only a broad justification for the search. The request is not reviewed by a court or any NSA personnel before it is processed. " Note in that regard that Snowden said in an earlier interview that use of this system rarely was audited and that when audited, the most common request if changes were requested was to beef up the justification for the search. The XScore system puts the lie to just about everything the Administration has claimed about intense oversight by all three branches of federal government and about not reading emails or listening to (Skype) phone calls. The lies keep stacking up in an ever-deepening pile.
Paul Merrell

Resurrecting the Dubious State Secrets Privilege | John Dean | Verdict | Legal Analysis... - 0 views

  • In an unusual move, the U.S. Department of Justice has filed a motion to make a private lawsuit simply disappear. While the U.S. Government is not a party to this defamation lawsuit—Victor Restis et al. v. American Coalition Against Nuclear Iran, Inc.—filed July 19, 2013, in the U.S. District Court for the Southern District of New York, Attorney General Eric Holder is concerned that the discovery being undertaken might jeopardize our national security.
  • The government’s argument for intervening in this lawsuit is technical and thin.
  • The strongest precedent in the government’s brief in the current case is the 1985 case of Fitzgerald v. Penthouse Intern., Ltd. Fitzgerald had sued Penthouse Magazine for an allegedly libelous article, but the U.S. Navy moved to intervene on the ground that the government had a national security interest which would not be adequately protected by the parties, so the government requested the action be dismissed, after invoking the state secrets privilege. The federal district court granted the motions and dismissed the case, which the U.S. Court of Appeals for Fourth Circuit affirmed. So there is precedent for this unusual action by the government in a private lawsuit, but the legitimacy of the state secrets privilege remains subject to question.
  • ...9 more annotations...
  • In February 2000, Judith Loether, a daughter of one of the three civilians killed in the 1948 B-29 explosion, discovered the government’s once-secret accident report for the incident on the Internet. Loether had been seven weeks old when her father died but been told by her mother what was known of her father’s death and the unsuccessful efforts to find out what had truly happened. When Loether read the accident report she was stunned. There were no national security secrets whatsoever, rather there was glaringly clear evidence of the government’s negligence resulting in her father’s death. Loether shared this information with the families of the other civilian engineers who had been killed in the incident and they joined together in a legal action to overturn Reynolds, raising the fact that the executive branch of the government had misled the Supreme Court, not to mention the parties to the earlier lawsuit.
  • Lou Fisher looked closely at the state secrets privilege in his book In The Name of National Security, as well as in follow-up articles when the Reynolds case was litigated after it was discovered, decades after the fact, that the government had literally defrauded the Supreme Court in Reynolds, e.g., “The State Secrets Privilege: Relying on Reynolds.” The Reynolds ruling emerged from litigation initiated by the widows of three civilian engineers who died in a midair explosion of a B-29 bomber on October 6, 1948. The government refused to provide the widows with the government’s accident report. On March 9, 1953, the Supreme Court created the state secrets privilege when agreeing the accident report did not have to be produced since the government claimed it contained national security secrets. In fact, none of the federal judges in the lower courts, nor the justices on the Supreme Court, were allowed to read the report.
  • Lowell states in his letter: “By relying solely upon ex parte submissions to justify its invocation of the state secrets privilege, especially in the unprecedented circumstance of private party litigation without an obvious government interest, the Government has improperly invoked the state secrets privilege, deprived Plaintiffs of the opportunity to test the Government’s claims through the adversarial process, and limited the Court’s opportunity to make an informed judgment. “ Lowell further claims that in “the typical state secrets case, the Government will simultaneously file both a sealed declaration and a detailed public declaration.” (Emphasis in Lowell’s letter.) To bolster this contention, he provided the court with an example, and offered to provide additional examples if so requested.
  • The Justice Department’s memorandum of law accompanying its motion to intervene states that once the state secrets privilege has been asserted “by the head of the department with control over the matter in question . . . the scope of judicial review is quite narrow.” Quoting from the U.S. Supreme Court ruling establishing this privilege in 1953, U.S. v. Reynolds, the brief adds: “the sole determination for the court is whether, ‘from all the circumstances of the case . . . there is a reasonable danger that compulsion of the evidence will expose military [or other] matters which, in the interest of national security, should not be divulged.’”In short, all the Justice Department need claim is the magic phrase—”state secrets”—after assuring the court that the head of department or agency involved has personally decided it is information that cannot be released. That ends the matter. This is what has made this privilege so controversial, not to mention dubious. Indeed, invocation by the executive branch effectively removes the question from judicial determination, and the information underlying the decision is not even provided to the court.
  • As Fisher and other scholars note, there is much more room under the Reynolds ruling for the court to take a hard look at the evidence when the government claims state secrets than has been common practice. Fisher reminds: “The state secrets privilege is qualified, not absolute. Otherwise there is no adversary process in court, no exercise of judicial independence over what evidence is needed, and no fairness accorded to private litigants who challenge the government . . . . There is no justification in law or history for a court to acquiesce to the accuracy of affidavits, statements, and declarations submitted by the executive branch.” Indeed, he noted to do so is contrary to our constitutional system of checks and balances.
  • Time to Reexamine Blind Adherence to the State Secrets PrivilegeIn responding to the government’s move to intervene, invoke state secrets, and dismiss the Restis lawsuit, plaintiffs’ attorney Abbe Lowell sent a letter to Judge Edgardo Ramos, the presiding judge on the case on September 17, 2014, contesting the Department of Justice’s ex parte filings, and requesting that Judge Ramos “order the Government to file a public declaration in support of its filing that will enable Plaintiffs to meaningfully respond.” Lowell also suggested as an alternative that he “presently holds more than sufficient security clearances to be given access to the ex parte submission,” and the court could do here as in other national security cases, and issue a protective order that the information not be shared with anyone. While Lowell does not so state, he is in effect taking on the existing state secrets privilege procedure where only the government knows what is being withheld and why, and he is taking on Reynolds.
  • To make a long story short, the Supreme Court was more interested in the finality of their decisions than the fraud that had been perpetrated upon them. They rejected the direct appeal, and efforts to relegate the case through the lower courts failed. As Fisher notes, the Court ruled in Reynolds based on “vapors and allusions,” rather than facts and evidence, and today it is clear that when it uncritically accepted the government’s word, the Court abdicated its duty to protect the ability of each party to present its case fairly, not to mention it left the matter under the control of a “self-interested executive” branch.
  • Lowell explains it is not clear—and suggests the government is similarly unclear in having earlier suggested a “law enforcement privilege”—as to why the state secrets privilege is being invoked, and argues this case can be tried without exposing government secrets. Citing the Fitzgerald ruling, Lowell points out dismissal is appropriate “[o]nly when no amount of effort and care on the part of the court and the parties will safeguard privileged material is dismissal warranted.”
  • No telling how Judge Ramos will rule, and the government has a remarkable record of prevailing with the deeply flawed state secrets privilege. But Lowell’s letter appears to say, between the lines, that he has a client who is prepared to test this dubious privilege and the government’s use of it in this case if Judge Ramos dismisses this lawsuit. The U.S. Court of Appeals for the Second Circuit, where that ruling would be reviewed, sees itself every bit the intellectual equal of the U.S. Supreme Court and it is uniquely qualified to give this dubious privilege and the Reynolds holding a reexamination. It is long past time this be done.
  •  
    Interesting take on the Restis case by former Nixon White House Counsel John Dean. Where the State Secrets Privilege is at its very nastiest, in my opinion, is in criminal prosecutions where the government withholds potentially exculpatory evidence on grounds of state secrecy. I think the courts have been far too lenient in allowing people to be tried without production of such evidence. The work-around in the Guantanamo Bay inmate cases has been to appoint counsel who have security clearances, but in those cases the lawyer is forbidden from discussing the classified information with the client, who could have valuable input if advised what the evidence is. It's also incredibly unfair in the extraordinary rendition cases, where the courts have let the government get away with having the cases dismissed on state secrecy grounds, even though the tortures have been the victim of criminal official misconduct.  It forces the victims to appeal clear to the Supreme Court before they can start over in an international court with jurisdiction over human rights violations, where the government loses because of its refusal to produce the evidence.  (Under the relevant treaties that the U.S. is a party to, the U.S. is required to provide a judicial remedy without resort to claims of national security secrecy.) Then the U.S. refuses to pay the judgments of the International courts, placing the U.S. in double breach of its treaty obligations. We see the same kinds of outrageous secrecy playing out in the Senate Intellience Committee's report on CIA torture, where the Obama Administration is using state secrecy claims to delay release of the report summary and minimize what is in it. It's highly unlikely that I will live long enough to read the full report. And that just is not democracy in action. Down with the Dark State!   
Gary Edwards

The obscure legal system that lets corporations sue countries | Claire Provost and Matt... - 0 views

  • Every year on 15 September, thousands of Salvadorans celebrate the date when much of Central America gained independence from Spain. Fireworks are set off and marching bands parade through villages across the country. But, last year, in the town of San Isidro, in Cabañas, the festivities had a markedly different tone. Hundreds had gathered to protest against the mine. Gold mines often use cyanide to separate gold from ore, and widespread concern over already severe water contamination in El Salvador has helped fuel a powerful movement determined to keep the country’s minerals in the ground. In the central square, colourful banners were strung up, calling on OceanaGold to drop its case against the country and leave the area. Many were adorned with the slogan, “No a la mineria, Si a la vida” (No to mining, Yes to life). On the same day, in Washington DC, Parada gathered his notes and shuffled into a suite of nondescript meeting rooms in the World Bank’s J building, across the street from its main headquarters on Pennsylvania Avenue. This is the International Centre for the Settlement of Investment Disputes (ICSID): the primary institution for handling the cases that companies file against sovereign states. (The ICSID is not the sole venue for such cases; there are similar forums in London, Paris, Hong Kong and the Hague, among others.) The date of the hearing was not a coincidence, Parada said. The case has been framed in El Salvador as a test of the country’s sovereignty in the 21st century, and he suggested that it should be heard on Independence Day. “The ultimate question in this case,” he said, “is whether a foreign investor can force a government to change its laws to please the investor as opposed to the investor complying with the laws they find in the country.”
  • Most international investment treaties and free-trade deals grant foreign investors the right to activate this system, known as investor-state dispute settlement (ISDS), if they want to challenge government decisions affecting their investments. In Europe, this system has become a sticking point in negotiations over the controversial Transatlantic Trade and Investment Partnership (TTIP) deal proposed between the European Union and the US, which would massively extend its scope and power and make it harder to challenge in the future. Both France and Germany have said that they want access to investor-state dispute settlement removed from the TTIP treaty currently under discussion. Investors have used this system not only to sue for compensation for alleged expropriation of land and factories, but also over a huge range of government measures, including environmental and social regulations, which they say infringe on their rights. Multinationals have sued to recover money they have already invested, but also for alleged lost profits and “expected future profits”. The number of suits filed against countries at the ICSID is now around 500 – and that figure is growing at an average rate of one case a week. The sums awarded in damages are so vast that investment funds have taken notice: corporations’ claims against states are now seen as assets that can be invested in or used as leverage to secure multimillion-dollar loans. Increasingly, companies are using the threat of a lawsuit at the ICSID to exert pressure on governments not to challenge investors’ actions.
  • “I had absolutely no idea this was coming,” Parada said. Sitting in a glass-walled meeting room in his offices, at the law firm Foley Hoag, he paused, searching for the right word to describe what has happened in his field. “Rogue,” he decided, finally. “I think the investor-state arbitration system was created with good intentions, but in practice it has gone completely rogue.”
  • ...13 more annotations...
  • The quiet village of Moorburg in Germany lies just across the river from Hamburg. Past the 16th-century church and meadows rich with wildflowers, two huge chimneys spew a steady stream of thick, grey smoke into the sky. This is Kraftwerk Moorburg, a new coal-fired power plant – the village’s controversial next-door neighbour. In 2009, it was the subject of a €1.4bn investor-state case filed by Vattenfall, the Swedish energy giant, against the Federal Republic of Germany. It is a prime example of how this powerful international legal system, built to protect foreign investors in developing countries, is now being used to challenge the actions of European governments as well. Since the 1980s, German investors have sued dozens of countries, including Ghana, Ukraine and the Philippines, at the World Bank’s Centre in Washington DC. But with the Vattenfall case, Germany found itself in the dock for the first time. The irony was not lost on those who considered Germany to be the grandfather of investor-state arbitration: it was a group of German businessmen, in the late 1950s, who first conceived of a way to protect their overseas investments as a wave of developing countries gained independence from European colonial powers. Led by Deutsche Bank chairman Hermann Abs, they called their proposal an “international magna carta” for private investors.
  • In the 1960s, the idea was taken up by the World Bank, which said that such a system could help the world’s poorer countries attract foreign capital. “I am convinced,” the World Bank president George Woods said at the time, “that those … who adopt as their national policy a welcome [environment] for international investment – and that means, to mince no words about it, giving foreign investors a fair opportunity to make attractive profits – will achieve their development objectives more rapidly than those who do not.” At the World Bank’s 1964 annual meeting in Tokyo, it approved a resolution to set up a mechanism for handling investor-state cases. The first line of the ICSID Convention’s preamble sets out its goal as “international cooperation for economic development”. There was sharp opposition to this system from its inception, with a bloc of developing countries warning that it would undermine their sovereignty. A group of 21 countries – almost every Latin American country, plus Iraq and the Philippines – voted against the proposal in Tokyo. But the World Bank moved ahead regardless. Andreas Lowenfeld, an American legal academic who was involved in some of these early discussions, later remarked: “I believe this was the first time that a major resolution of the World Bank had been pressed forward with so much opposition.”
  • now governments are discovering, too late, the true price of that confidence. The Kraftwerk Moorburg plant was controversial long before the case was filed. For years, local residents and environmental groups objected to its construction, amid growing concern over climate change and the impact the project would have on the Elbe river. In 2008, Vattenfall was granted a water permit for its Moorburg project, but, in response to local pressure, local authorities imposed strict environmental conditions to limit the utility’s water usage and its impact on fish. Vattenfall sued Hamburg in the local courts. But, as a foreign investor, it was also able to file a case at the ICSID. These environmental measures, it said, were so strict that they constituted a violation of its rights as guaranteed by the Energy Charter Treaty, a multilateral investment agreement signed by more than 50 countries, including Sweden and Germany. It claimed that the environmental conditions placed on its permit were so severe that they made the plant uneconomical and constituted acts of indirect expropriation.
  • With the rapid growth in these treaties – today there are more than 3,000 in force – a specialist industry has developed in advising companies how best to exploit treaties that give investors access to the dispute resolution system, and how to structure their businesses to benefit from the different protections on offer. It is a lucrative sector: legal fees alone average $8m per case, but they have exceeded $30m in some disputes; arbitrators’ fees at start at $3,000 per day, plus expenses.
  • Vattenfall v Germany ended in a settlement in 2011, after the company won its case in the local court and received a new water permit for its Moorburg plant – which significantly lowered the environmental standards that had originally been imposed, according to legal experts, allowing the plant to use more water from the river and weakening measures to protect fish. The European Commission has now stepped in, taking Germany to the EU Court of Justice, saying its authorisation of the Moorburg coal plant violated EU environmental law by not doing more to reduce the risk to protected fish species, including salmon, which pass near the plant while migrating from the North Sea. A year after the Moorburg case closed, Vattenfall filed another claim against Germany, this time over the federal government’s decision to phase out nuclear power. This second suit – for which very little information is available in the public domain, despite reports that the company is seeking €4.7bn from German taxpayers – is still ongoing. Roughly one third of all concluded cases filed at the ICSID are recorded as ending in “settlements”, which – as the Moorburg dispute shows – can be very profitable for investors, though their terms are rarely fully disclosed.
  • “It was a total surprise for us,” the local Green party leader Jens Kerstan laughed, in a meeting at his sunny office in Hamburg last year. “As far as I knew, there were some [treaties] to protect German companies in the [developing] world or in dictatorships, but that a European company can sue Germany, that was totally a surprise to me.”
  • While a tribunal cannot force a country to change its laws, or give a company a permit, the risk of massive damages may in some cases be enough to persuade a government to reconsider its actions. The possibility of arbitration proceedings can be used to encourage states to enter into meaningful settlement negotiations.
  • A small number of countries are now attempting to extricate themselves from the bonds of the investor-state dispute system. One of these is Bolivia, where thousands of people took to the streets of the country’s third-largest city, Cochabamba, in 2000, to protest against a dramatic hike in water rates by a private company owned by Bechtel, the US civil engineering firm. During the demonstrations, the Bolivian government stepped in and terminated the company’s concession. The company then filed a $50m suit against Bolivia at the ICSID. In 2006, following a campaign calling for the case to be thrown out, the company agreed to accept a token payment of less than $1. After this expensive case, Bolivia cancelled the international agreements it had signed with other states giving their investors access to these tribunals. But getting out of this system is not easily done. Most of these international agreements have sunset clauses, under which their provisions remain in force for a further 10 or even 20 years, even if the treaties themselves are cancelled.
  • There are now thousands of international investment agreements and free-trade acts, signed by states, which give foreign companies access to the investor-state dispute system, if they decide to challenge government decisions. Disputes are typically heard by panels of three arbitrators; one selected by each side, and the third agreed upon by both parties. Rulings are made by majority vote, and decisions are final and binding. There is no appeals process – only an annulment option that can be used on very limited grounds. If states do not pay up after the decision, their assets are subject to seizure in almost every country in the world (the company can apply to local courts for an enforcement order).
  • While there is no equivalent of legal aid for states trying to defend themselves against these suits, corporations have access to a growing group of third-party financiers who are willing to fund their cases against states, usually in exchange for a cut of any eventual award.
  • Increasingly, these suits are becoming valuable even before claims are settled. After Rurelec filed suit against Bolivia, it took its case to the market and secured a multimillion-dollar corporate loan, using its dispute with Bolivia as collateral, so that it could expand its business. Over the last 10 years, and particularly since the global financial crisis, a growing number of specialised investment funds have moved to raise money through these cases, treating companies’ multimillion-dollar claims against states as a new “asset class”.
  • El Salvador has already spent more than $12m defending itself against Pacific Rim, but even if it succeeds in beating the company’s $284m claim, it may never recover these costs. For years Salvadoran protest groups have been calling on the World Bank to initiate an open and public review of ICSID. To date, no such study has been carried out. In recent years, a number of ideas have been mooted to reform the international investor-state dispute system – to adopt a “loser pays” approach to costs, for example, or to increase transparency. The solution may lie in creating an appeals system, so that controversial judgments can be revisited.
  • Brazil has never signed up to this system – it has not entered into a single treaty with these investor-state dispute provisions – and yet it has had no trouble attracting foreign investment.
  •  
    "Luis Parada's office is just four blocks from the White House, in the heart of K Street, Washington's lobbying row - a stretch of steel and glass buildings once dubbed the "road to riches", when influence-peddling became an American growth industry. Parada, a soft-spoken 55-year-old from El Salvador, is one of a handful of lawyers in the world who specialise in defending sovereign states against lawsuits lodged by multinational corporations. He is the lawyer for the defence in an obscure but increasingly powerful field of international law - where foreign investors can sue governments in a network of tribunals for billions of dollars. Fifteen years ago, Parada's work was a minor niche even within the legal business. But since 2000, hundreds of foreign investors have sued more than half of the world's countries, claiming damages for a wide range of government actions that they say have threatened their profits. In 2006, Ecuador cancelled an oil-exploration contract with Houston-based Occidental Petroleum; in 2012, after Occidental filed a suit before an international investment tribunal, Ecuador was ordered to pay a record $1.8bn - roughly equal to the country's health budget for a year. (Ecuador has logged a request for the decision to be annulled.) Parada's first case was defending Argentina in the late 1990s against the French conglomerate Vivendi, which sued after the Argentine province of Tucuman stepped in to limit the price it charged people for water and wastewater services. Argentina eventually lost, and was ordered to pay the company more than $100m. Now, in his most high-profile case yet, Parada is part of the team defending El Salvador as it tries to fend off a multimillion-dollar suit lodged by a multinational mining company after the tiny Central American country refused to allow it to dig for gold."
Paul Merrell

Pentagon report: scope of intelligence compromised by Snowden 'staggering' | World news... - 0 views

  • • Classified assessment describes impact of leaks as 'grave' • Report does not include specific detail to support conclusions• 12 of 39 heavily redacted pages released after Foia request• Read the full Defense Intelligence Agency report
  • A top-secret Pentagon report to assess the damage to national security from the leak of classified National Security Agency documents by Edward Snowden concluded that “the scope of the compromised knowledge related to US intelligence capabilities is staggering”.The Guardian has obtained a copy of the Defense Intelligence Agency's classified damage assessment in response to a Freedom of Information Act (Foia) lawsuit filed against the Defense Department earlier this year. The heavily redacted 39-page report was prepared in December and is titled “DoD Information Review Task Force-2: Initial Assessment, Impacts Resulting from the Compromise of Classified Material by a Former NSA Contractor.”But while the DIA report describes the damage to US intelligence capabilities as “grave”, the government still refuses to release any specific details to support this conclusion. The entire impact assessment was redacted from the material released to the Guardian under a presidential order that protects classified information and several other Foia exemptions.Only 12 pages of the report were declassified by DIA and released. A Justice Department attorney said DIA would continue to process other internal documents that refer to the DIA report for possible release later this year.
  • The classified damage assessment was first cited in a news report published by Foreign Policy on January 9. The Foreign Policy report attributed details of the DIA assessment to House intelligence committee chairman Mike Rogers and its ranking Democrat Dutch Ruppersberger. The lawmakers said the White House had authorized them to discuss the document in order to undercut the narrative of Snowden being portrayed as a heroic whistleblower.The DIA report has been cited numerous times by Rogers and Rusppersberger and other lawmakers who claimed Snowden’s leaks have put US personnel at risk.
  • ...8 more annotations...
  • But details to back up Rogers' claims are not included in the declassified material released to the Guardian.Neither he nor any other lawmaker has disclosed specific details from the DIA report but they have continued to push the “damage” narrative in interviews with journalists and during appearances on Sunday talk shows.
  • The declassified material does not state the number of documents Snowden is alleged to have taken, which Rogers and Ruppersberger have claimed, again citing the DIA’s assessment, was 1.7m. Nor does the declassified portion of the report identify Snowden by name.“[Redacted] a former NSA contractor compromised [redacted] from NSA Net and the Joint Worldwide Intelligence Communications System (JWICS),” the report says. “On 6 June 2013, media groups published the first stories based on this material, and on 9 June 2013 they identified the source as an NSA contractor who had worked in Hawaii.”JWICS is identified as a “24 hour a day network designed to meet the requirements for secure [top-secret/sensitive compartmented information] multi-media intelligence communications worldwide. The Defense Intelligence Agency (DIA) has directed that all Special Security Offices (SSOs) will install the JWICS.”The Washington Post, quoting anonymous sources, reported last October that Snowden “lifted the documents from a top-secret network run by the Defense Intelligence Agency and used by intelligence arms of the Army, Air Force, Navy and Marines.” The Post further claimed that Snowden “took 30,000 documents that involve the intelligence work of one of the services” and that he gained access to the documents through JWICS.
  • A top-secret Pentagon report to assess the damage to national security from the leak of classified National Security Agency documents by Edward Snowden concluded that “the scope of the compromised knowledge related to US intelligence capabilities is staggering”. The Guardian has obtained a copy of the Defense Intelligence Agency's classified damage assessment in response to a Freedom of Information Act (Foia) lawsuit filed against the Defense Department earlier this year. The heavily redacted 39-page report was prepared in December and is titled “DoD Information Review Task Force-2: Initial Assessment, Impacts Resulting from the Compromise of Classified Material by a Former NSA Contractor.” But while the DIA report describes the damage to US intelligence capabilities as “grave”, the government still refuses to release any specific details to support this conclusion. The entire impact assessment was redacted from the material released to the Guardian under a presidential order that protects classified information and several other Foia exemptions.
  • Only 12 pages of the report were declassified by DIA and released. A Justice Department attorney said DIA would continue to process other internal documents that refer to the DIA report for possible release later this year. Steven Aftergood, director of the Project on Government Secrecy at the Federation of American Scientists, questioned the decision to withhold specific details. "The essence of the report is contained in the statement that 'the scope of the compromised knowledge related to US intelligence capabilities is staggering'. But all elaboration of what this striking statement means has been withheld," he said. The assessment excluded NSA-related information and dealt exclusively with non-NSA defense materials. The report was distributed to multiple US military commands around the world and all four military branches.
  • The classified damage assessment was first cited in a news report published by Foreign Policy on January 9. The Foreign Policy report attributed details of the DIA assessment to House intelligence committee chairman Mike Rogers and its ranking Democrat Dutch Ruppersberger. The lawmakers said the White House had authorized them to discuss the document in order to undercut the narrative of Snowden being portrayed as a heroic whistleblower. The DIA report has been cited numerous times by Rogers and Rusppersberger and other lawmakers who claimed Snowden’s leaks have put US personnel at risk. In January, Rogers asserted that the report concluded that most of the documents Snowden took "concern vital operations of the US Army, Navy, Marine Corps and Air Force". "This report confirms my greatest fears — Snowden’s real acts of betrayal place America’s military men and women at greater risk. Snowden’s actions are likely to have lethal consequences for our troops in the field," Rogers said in a statement at the time.
  • But details to back up Rogers' claims are not included in the declassified material released to the Guardian. Neither he nor any other lawmaker has disclosed specific details from the DIA report but they have continued to push the “damage” narrative in interviews with journalists and during appearances on Sunday talk shows. The declassified portion of the report obtained by the Guardian says only that DIA “assesses with high confidence that the information compromise by a former NSA contractor [redacted] and will have a GRAVE impact on US national defense”. The declassified material does not state the number of documents Snowden is alleged to have taken, which Rogers and Ruppersberger have claimed, again citing the DIA’s assessment, was 1.7m.
  • No evidence has surfaced to support persistent claims from pundits and lawmakers that Snowden has provided any of the NSA documents he obtained to a “foreign adversary”. Ben Wizner, Snowden’s attorney at the American Civil Liberties Union, said: "This report, which makes unsubstantiated claims about alleged harm to national security, is from December of 2013. Just this month, Keith Alexander admitted in an interview that he doesn’t 'think anybody really knows what he [Snowden] actually took with him, because the way he did it, we don’t have an accurate way of counting'. In other words, the government’s so-called damage assessment is based entirely on guesses, not on facts or evidence."
  • Steven Aftergood, of the Federation of American Scientists, pointed out that the report's finding that the Snowden leaks had a "grave" impact did not follow any of the levels defined in the annex. "That is a bit odd," he said, adding: "Within this hierarchy, it is not clear where 'grave impact' would fall."
Paul Merrell

Feds May Have To Reveal FISA Phone Records In Murder Case | Techdirt - 0 views

  • There's been a lot of focus elsewhere concerning the FISA rulings that were leaked, showing that the government is scooping up the details of pretty much every phone call. However, a case concerning some guys who were trying to rob an armored truck may lead to some interesting revelations related to what the government collects. Daryl Davis, Hasam Williams, Terrance Brown, Toriano Johnson, and Joseph K. Simmons were charged with trying to rob a bunch of armored Brink's trucks, in which one of the robberies went wrong and a Brink's employee was shot and killed. As part of the case against the group, the DOJ obtained call records. However, during discovery, the government refused to hand over call records for July of 2010, claiming that when they sought them from the telco, the DOJ was told that those records had been purged. Terrance Brown's lawyer is now claiming that since it appears the NSA has sucked up all of this data for quite some time, it would appear that the government should, in fact, already have the phone records from July 2010, which he argues would show that he was nowhere near the robbery when it happened. Defendant Brown urges that the records are important to his defense because cell-site records could be used to show that Brown was not in the vicinity of the attempted robbery that allegedly occurred in July 2010. And, relying on a June 5, 2013, Guardian newspaper article that published a FISA Court order relating to cellular telephone data collected by Verizon,1 Defendant Brown now suggests that the Government likely actually does possess the metadata relating to telephone calls made in July 2010 from the two numbers attributed to Defendant Brown.
  • The court agrees that, under the law, the government may need to produce those records. Here, Defendant asserts that, under Brady v. Maryland, 373 U.S. 83 (1963), due process requires the production of the July 2010 telephone records because they are anticipated to be exculpatory in that they are expected to show that Defendant Brown was not physically located at the scene of the alleged attempted Brink’s truck robbery in July 2010. In view of Defendant Brown’s Motion and the requirements of FISA, it is hereby ORDERED and ADJUDGED that the Government shall respond to Defendant Brown’s Motion and, if desired, shall file an affidavit of the Attorney General of the United States. That order was actually issued Monday, only giving the government until yesterday to comply. At the time of posting, the government's reply has not yet shown up in PACER, though it may pop up soon. I'm guessing that they'll try to either get some sort of extension or explain why those records are somehow inaccessible -- but it could get interesting.
  •  
    This is definitely one to watch. The Court's order is short but definitely enlightening. The defendant's trial is already under way, so the Court set a very short response time, and required the Feds to concurrently file the affidavit of the Attorney General if the Feds want to claim that disclosure would harm national security. She has also ordered that the Feds concurrently explain any belief that thre information was lawfully gathered, citing some specific portions of the FISA Act that are at the heart of the government's claim of right to compel telcos to disclose the information to the Feds.    Then the court decides whether the Feds must produce the records anyway. Tough position for the government because it would be extremely difficult to argue that the phone call metadata itself is classified, since they are by law "business records" of a private party, the telco.  And this sets the stage for a flood of habeas corpus petitions by persons already convicted seeking new trials with NSA surveillance records disclosed. Easiest way out for the Feds is to claim that the records do not exist, but someone will have to sign a statement under penalty of perjury file to that effect.  If the Court orders disclosure, the Feds have a right of immediate appeal. So this one could win up in the Supreme Court very quickly (days, not months). Reading the Court's order, the judge seems predisposed to order production of the records. So stay tuned to this channel. I'm reminded that about a week ago, an MSNBC reporter blogged that he didn't think that the PRISM story "has legs" that will keep it in the news very long. He was wrong. 
Paul Merrell

In the Democratic Echo Chamber, Inconvenient Truths Are Recast as Putin Plots - 0 views

  • Donald Trump, for reasons I’ve repeatedly pointed out, is an extremist, despicable, and dangerous candidate, and his almost-certain humiliating defeat is less than a month away. So I realize there is little appetite in certain circles for critiques of any of the tawdry and sometimes fraudulent journalistic claims and tactics being deployed to further that goal. In the face of an abusive, misogynistic, bigoted, scary, lawless authoritarian, what’s a little journalistic fraud or constant fearmongering about subversive Kremlin agents between friends if it helps to stop him? But come January, Democrats will continue to be the dominant political faction in the U.S. — more so than ever — and the tactics they are now embracing will endure past the election, making them worthy of scrutiny. Those tactics now most prominently include dismissing away any facts or documents that reflect negatively on their leaders as fake, and strongly insinuating that anyone who questions or opposes those leaders is a stooge or agent of the Kremlin, tasked with a subversive and dangerously un-American mission on behalf of hostile actors in Moscow. To see how extreme and damaging this behavior has become, let’s just quickly examine two utterly false claims that Democrats over the past four days — led by party-loyal journalists — have disseminated and induced thousands of people, if not more, to believe. On Friday, WikiLeaks published its first installment of emails obtained from the account of Clinton campaign chair John Podesta. Despite WikiLeaks’ perfect, long-standing record of only publishing authentic documents, MSNBC’s favorite ex-intelligence official, Malcolm Nance, within hours of the archive’s release, posted a tweet claiming — with zero evidence and without citation to a single document in the WikiLeaks archive — that it was compromised with fakes:
  • As you can see, more than 4,000 people have re-tweeted this “Official Warning.” That includes not only random Clinton fans but also high-profile Clinton-supporting journalists, who by spreading it around gave this claim their stamp of approval, intentionally leading huge numbers of people to assume the WikiLeaks archive must be full of fakes, and its contents should therefore simply be ignored. Clinton’s campaign officials spent the day fueling these insinuations, strongly implying that the documents were unreliable and should thus be ignored. Poof: Just like that, unpleasant facts about Hillary Clinton disappeared, like a fairy protecting frightened children by waving her magic wand and sprinkling her dust over a demon, causing it to scatter away. Except the only fraud here was Nance’s claim, not any of the documents published by WikiLeaks. Those were all real. Indeed, at Sunday night’s debate, when asked directly about the excerpts of her Wall Street speeches found in the release, Clinton herself confirmed their authenticity. And news outlets such as the New York Times and AP reported — and continue to report — on their contents without any caveat that they may be frauds. No real print journalists or actual newsrooms (as opposed to campaign operatives masquerading as journalists) fell for this scam, so this tactic did not prevent reporting from being done.
  •  
    Glenn Greenwald chastises Dems for claiming leaked Clintone emails are forgeries.
Gary Edwards

'Clinton death list': 33 spine-tingling cases - 0 views

  •  
    "(Editor's note: This list was originally published in August 2016 and has gone viral on the web. WND is running it again as American voters cast their ballots for the nation's next president on Election Day.) How many people do you personally know who have died mysteriously? How about in plane crashes or car wrecks? Bizarre suicides? People beaten to death or murdered in a hail of bullets? And what about violent freak accidents - like separate mountain biking and skiing collisions in Aspen, Colorado? Or barbells crushing a person's throat? Bill and Hillary Clinton attend a funeral Apparently, if you're Bill or Hillary Clinton, the answer to that question is at least 33 - and possibly many more. Talk-radio star Rush Limbaugh addressed the issue of the "Clinton body count" during an August show. "I swear, I could swear I saw these stories back in 1992, back in 1993, 1994," Limbaugh said. He cited a report from Rachel Alexander at Townhall.com titled, "Clinton body count or left-wing conspiracy? Three with ties to DNC mysteriously die." Limbaugh said he recalled Ted Koppel, then-anchor of ABC News' "Nightline," routinely having discussions on the issue following the July 20, 1993, death of White House Deputy Counsel Vince Foster. In fact, Limbaugh said, he appeared on Koppel's show. "One of the things I said was, 'Who knows what happened here? But let me ask you a question.' I said, 'Ted, how many people do you know in your life who've been murdered? Ted, how many people do you know in your life that have died under suspicious circumstances?' "Of course, the answer is zilch, zero, nada, none, very few," Limbaugh chuckled. "Ask the Clintons that question. And it's a significant number. It's a lot of people that they know who have died, who've been murdered. "And the same question here from Rachel Alexander. It's amazing the cycle that exists with the Clintons. [Citing Townhall]: 'What it
Gary Edwards

Byron York: Justice Department demolishes case against Trump order | Washington Examiner - 1 views

  •  
    "James Robart, the U.S. district judge in Washington State, offered little explanation for his decision to stop President Trump's executive order temporarily suspending non-American entry from seven terror-plagued countries. Robart simply declared his belief that Washington State, which in its lawsuit against Trump argued that the order is both illegal and unconstitutional, would likely win the case when it is tried. Now the government has answered Robart, and unlike the judge, Justice Department lawyers have produced a point-by-point demolition of Washington State's claims. Indeed, for all except the most partisan, it is likely impossible to read the Washington State lawsuit, plus Robart's brief comments and writing on the matter, plus the Justice Department's response, and not come away with the conclusion that the Trump order is on sound legal and constitutional ground. Beginning with the big picture, the Justice Department argued that Robart's restraining order violates the separation of powers, encroaches on the president's constitutional and legal authority in the areas of foreign affairs, national security, and immigration, and "second-guesses the president's national security judgment" about risks faced by the United States. Indeed, in court last week, Robart suggested that he, Robart, knows as much, or perhaps more, than the president about the current state of the terrorist threat in Yemen, Somalia, Libya, and other violence-plagued countries. In an exchange with Justice Department lawyer Michelle Bennett, Robart asked, "How many arrests have there been of foreign nationals for those seven countries since 9/11?" "Your Honor, I don't have that information," said Bennett. "Let me tell you," said Robart. "The answer to that is none, as best I can tell. So, I mean, you're here arguing on behalf of someone [President Trump] that says: We have to protect the United States from these individuals coming from these countries, and there's no support for that."
Paul Merrell

EU spy chief rules out Russian military presence in Ukraine - RT News - 0 views

  • There is no large Russian military presence in East Ukraine, head of EU intelligence, Commodore Georgij Alafuzoff, has said. The spy chief has dismissed multiple accusations from the West alleging Russian involvement in the unrest in the region. In an interview with Finnish national news broadcaster, Yle, Alafuzoff said the Russian military had nothing to do with the seizing of government buildings in eastern Ukraine. “In my opinion, it’s mostly people who live in the region who are not satisfied with the current state of affairs,” said Alafuzoff, referring to the situation in East Ukraine. He went on to say that the people are worried for the welfare of those who speak Russian as their first language in the region. Alafuzoff echoed the words of the Russian government which has categorically denied interfering in the ongoing unrest. Russian Foreign Minister Sergey Lavrov said in a press conference on Monday that Moscow is not interested in destabilizing Ukraine and wants the country to remain united. Anti-Kiev activists in the southeast of Ukraine have seized local government buildings as a mark of protest against the coup-appointed Ukrainian government. In response to the unrest, Ukraine’s interim President Aleksandr Turchinov announced the beginning of an “anti-terrorist” operation in eastern Ukraine.
  • On Tuesday, military hardware and troops began to mass on the outskirts of the eastern city of Slavyansk. Sightings of groups of military vehicles have been reported in the neighboring Kharkov and Lugansk regions, where pro-Russian and anti-Kiev sentiment is high. Moscow has condemned Kiev’s operation as “anti-constitutional” and “criminal” and indicative of the government’s unwillingness to open dialogue with the regions. “We are deeply concerned over the military operation launched by the Ukrainian Special Forces with support by the army. There have already been victims,” the Russian Foreign Ministry said in a statement on Tuesday. Anti-Kiev sentiment is, meanwhile, spreading across Ukraine. On Wednesday the anti-Maidan movement in the city of Odessa called for a day of protests and declared the creation of a “people’s republic” in the region.
  •  
    This report is in stark contrast to the barrage of propaganda coming out of Washington, D.C. and NATO HQ claiming that Russian forces are massed on the Ukraine border for invasion, propaganda Moscow has denied. Russia has also said that 22 satellite photos purporting to show Russian troops poised on the Ukraine border were taken last August during routine military training exercises, not in recent days as claimed.  An independent news team that toured the Russian border area reported that it could find no signs of the claimed build-up of Russian troops in the locations identified by NATO. Therefore, there is a strong suspicion that the NATO/White House claims are no more than pro-war propaganda or fear-mongering.
Paul Merrell

Keith Alexander Unplugged: on Bush/Obama, 1.7 million stolen documents and other matter... - 0 views

  • The just-retired long-time NSA chief, Gen. Keith Alexander, recently traveled to Australia to give a remarkably long and wide-ranging interview with an extremely sycophantic “interviewer” with The Australian Financial Review. The resulting 17,000-word transcript and accompanying article form a model of uncritical stenography journalism, but Alexander clearly chose to do this because he is angry, resentful, and feeling unfairly treated, and the result is a pile of quotes that are worth examining, only a few of which are noted below:
  • How Edward Snowden managed to steal an alleged 1.7 million documents from the NSA. Sunday: http://t.co/gbrIu5yMcc — 60 Minutes (@60Minutes) December 13, 2013 Mike McConnell, the vice chairman of Booz Allen and former Director of National Intelligence in the Bush administration, then claimed that ”Snowden absconded with 1.7 million to 1.8 million documents.” Ever since then, that Snowden “stole” 1.7 or 1.8 million documents from the NSA has been repeated over and over again by US media outlets as verified fact. The Washington Post‘s Walter Pincus, citing an anonymous official source, purported to tell readers that “among the roughly 1.7 million documents he walked away with — the vast majority of which have not been made public — are highly sensitive, specific intelligence reports”. Reuters frequently includes in its reports the unchallenged assertion that “Snowden was believed to have taken 1.7 million computerized documents.” Just this week, the global news agency told its readers that “Snowden was believed to have taken 1.7 million computerized documents.”
  • AFR: Can you now quantify the number of documents [Snowden] stole? Gen. Alexander: Well, I don’t think anybody really knows what he actually took with him, because the way he did it, we don’t have an accurate way of counting. What we do have an accurate way of counting is what he touched, what he may have downloaded, and that was more than a million documents. It’s hard to recall a better and clearer example of how mindless and uncritical the American media is when it comes to the unproven pronouncements of the U.S. Government. Back in December, 60 Minutes broadcast a now-notorious segment of pure access journalism in which they gullibly disseminated one false NSA claim after the next in exchange for being given exclusive(!) access to a few Secret and Exciting Rooms inside the agency’s headquarters. The program claimed that Snowden “is believed to still have access to 1.5 million classified documents he has not leaked”. On its Twitter account, 60 Minutes made this claim to promote its show:
  • ...2 more annotations...
  • In fact, that number is and always has been a pure fabrication, as even Keith Alexander admits. The claimed number has changed more times than one can count: always magically morphing into randomly chosen higher and scarier numbers. The reality, in the words of the General, is that the US Government ”really [doesn't] know[] what he actually took with him” and they ”don’t have an accurate way of counting”. All they know is how many documents he accessed in his entire career at NSA, which is a radically different question from how many documents he took. But that hasn’t stopped American media outlets from repeatedly affirming the inflammatory evidence-free claim that Snowden took 1.7 million documents. As usual, even the most blatantly unreliable claims from National Security State officials are treated as infallible papal pronouncements by our Adversarial Watchdog Press. There’s an equally vital point made by Alexander’s admission. The primary defense of the NSA and its defenders is that one need not worry about the staggering sums of data they collect because they have implemented very rigorous oversight mechanisms and controls that prevent abuse. Yet Edward Snowden spent months downloading a large amount of highly sensitive documents right under their noses. And not only did they have no idea that he was doing it, but now – even after spending large sums of money to find out – they are still completely incapable of learning which documents he took or even how many he took. Does that at all sound like a well-managed, tightly controlled system that you can trust to safeguard your most personal data and to detect and prevent abuse of this system by the tens of thousands of people who have access to it?
  • The release date for my book on the NSA, privacy, and our reporting of the surveillance story, No Place to Hide, is next Tuesday, May 13, at which time all of the previously unpublished NSA documents that are reported on in the book will be placed online, with free access, at the book’s website.
Paul Merrell

M of A - Germany Getting Ready To Divorce U.S. Ally - 0 views

  • From recent talks and discussions in Germany I conclude that the U.S. is losing more and more support and sympathies. The admiration of earlier times has turned into disgust. While a lot of higher politicians and some journalists still cling to some (well paid) myth of U.S. friendship the party base in all political parties as well as the general public has changed its opinion. The NSA spying headlines are only one, though important issue. Consider how you would feel about such an intrusive "ally": German intelligence employee arrested on suspicion of spying for US on Bundestag NSA committee NSA whistleblowers testify in Bundestag inquiry, disclose ‘totalitarian’ surveillance Germany NSA's main target, claims ex-staffer Irked by N.S.A., Germany Cancels Deal With Verizon German parliament drops US telecom firm Verizon over links to NSA spying NSA Turned Germany Into Its Largest Listening Post in Europe Report: NSA targeted German privacy activist NSA targets Tor administrators and people searching for privacy tools, reports claim The German constitution, as interpreted by the constitutional court, defines privacy as a basic human right. That the U.S. is so casually violating the basic human rights of all German citizens is met with utter disgust. Even the paid and trained Atlantic Council (a U.S. lobby) trolls in German news-site comments have problem defending this issue.
  • From recent talks and discussions in Germany I conclude that the U.S. is losing more and more support and sympathies. The admiration of earlier times has turned into disgust. While a lot of higher politicians and some journalists still cling to some (well paid) myth of U.S. friendship the party base in all political parties as well as the general public has changed its opinion. The NSA spying headlines are only one, though important issue. Consider how you would feel about such an intrusive "ally": German intelligence employee arrested on suspicion of spying for US on Bundestag NSA committee NSA whistleblowers testify in Bundestag inquiry, disclose ‘totalitarian’ surveillance Germany NSA's main target, claims ex-staffer Irked by N.S.A., Germany Cancels Deal With Verizon German parliament drops US telecom firm Verizon over links to NSA spying NSA Turned Germany Into Its Largest Listening Post in Europe Report: NSA targeted German privacy activist NSA targets Tor administrators and people searching for privacy tools, reports claim The German constitution, as interpreted by the constitutional court, defines privacy as a basic human right. That the U.S. is so casually violating the basic human rights of all German citizens is met with utter disgust. Even the paid and trained Atlantic Council (a U.S. lobby) trolls in German news-site comments have problem defending this issue.
  • But the NSA spying is not the only problem. The economic breakdown after 2008 clearly had its roots in the United States and is, in Germany, blamed on lax U.S. regulations. And while Germany itself pressed for a change in government in Ukraine the outbreak of violence, the bloody coup and the fighting in the east is considered as "Fuck the EU" U.S. intervention in European affairs. It may still take a decade or more but my sense is that the U.S.-German alliance in on its way to an unfriendly divorce. Something that 15 years ago seemed unthinkable.
Paul Merrell

BBC Protects U.K.'s Close Ally Saudi Arabia With Incredibly Dishonest and Biased Editing - 0 views

  • The BBC loves to boast about how “objective” and “neutral” it is. But a recent article, which it was forced to change, illustrates the lengths to which the British state-funded media outlet will go to protect one of the U.K. government’s closest allies, Saudi Arabia, which also happens to be one of the country’s largest arms purchasers (just this morning, the Saudi ambassador to the U.K. threatened in an op-ed that any further criticism of the Riyadh regime by Jeremy Corbyn could jeopardize the multi-layered U.K./Saudi alliance). Earlier this month, the BBC published an article describing the increase in weapons and money sent by Saudi Arabia and other Gulf regimes to anti-Assad fighters in Syria. All of that “reporting” was based on the claims of what the BBC called “a Saudi government official,” who — because he works for a government closely allied with the U.K. — was granted anonymity by the BBC and then had his claims mindlessly and uncritically presented as fact (it is the rare exception when the BBC reports adversarially on the Saudis). This anonymous “Saudi official” wasn’t whistleblowing or presenting information contrary to the interests of the regime; to the contrary, he was disseminating official information the regime wanted publicized. This was the key claim of the anonymous Saudi official (emphasis added):
  • The well-placed official, who asked not to be named, said supplies of modern, high-powered weaponry including guided anti-tank weapons would be increased to the Arab- and western-backed rebel groups fighting the forces of Syria’s President Bashar al-Assad and his Russian, Iranian and Lebanese allies. He said those groups being supplied did not include either Islamic State (IS) or al-Nusra Front, both of which are proscribed terrorist organizations. Instead, he said the weapons would go to three rebel alliances — Jaish al-Fatah (Army of Conquest), the Free Syrian Army (FSA) and the Southern Front.
  • So the Saudis, says the anonymous official, are only arming groups such as the “Army of Conquest,” but not the al Qaeda affiliate the Nusra Front. What’s the problem with this claim? It’s obvious, though the BBC would not be so impolite as to point it out: The Army of Conquest includes the Nusra Front as one of its most potent components. This is not even in remote dispute; the New York Times’ elementary explainer on the Army of Conquest from three weeks ago states:
  • ...4 more annotations...
  • The alliance consists of a number of mostly Islamist factions, including the Nusra Front, al Qaeda’s Syrian affiliate; Ahrar al-Sham, another large group; and more moderate rebel factions that have received covert arms support from the intelligence services of the United States and its allies. The Telegraph, in an early October article complaining that Russia was bombing “non-ISIL rebels,” similarly noted that the Army of Conquest (bombed by Russia) “includes a number of Islamist groups, most powerful among them Ahrar al-Sham and Jabhat al-Nusra. Jabhat al-Nusra is the local affiliate of al-Qaeda.” Even the Voice of America noted that “Russia’s main target has been the Army of Conquest, an alliance of insurgent groups that includes the al-Nusra Front, al-Qaida’s affiliate in Syria, and the hard-line Islamist group Ahrar al-Sham, as well as some less extreme Islamist groups.”
  • In other words, the claim from the anonymous Saudi official that the BBC uncritically regurgitated — that the Saudis are only arming the Army of Conquest but no groups that “include” the Nusra Front — is self-negating. A BBC reader, Ricardo Vaz, brought this contradiction to the BBC’s attention. As he told The Intercept: “The problem is that the Nusra Front is the most important faction inside the Army of Conquest. So either the Saudi official expected the BBC journalist not to know this, or he expects us to believe they can deliver weapons to factions fighting side by side with an al Qaeda affiliate and that those weapons will not make their way into Nusra’s hands. In any case, this is very close to an official admission that the Saudis (along with Qataris and Turkish) are supplying weapons to an al Qaeda affiliate. This of course is not a secret to anyone who’s paying attention.” In response to Vaz’s complaint, the BBC did not tell its readers about this vital admission. Instead, it simply edited that Saudi admission out of its article. In doing so, it made the already-misleading article so much worse, as the BBC went even further out of its way to protect the Saudis. This is what that passage now states on the current version of the article on the BBC’s site (emphasis added): He said those groups being supplied did not include either Islamic State (IS) or al-Nusra Front, both of which are proscribed terrorist organizations. Instead, he said the weapons would go to the Free Syrian Army and other small rebel groups.
  • So originally, the BBC stated that the “Saudi official” announced that the regime was arming the Army of Conquest. Once it was brought to the BBC’s attention that the Army of Conquest includes the al Qaeda affiliate Nusra Front — a direct contradiction of the Saudi official’s other claim that the Saudis are not arming Nusra — the BBC literally changed the Saudi official’s own statement, whitewashed it, to eliminate his admission that they were arming Army of Conquest. Instead, the BBC now states that the Saudis are arming “the Free Syrian Army and other small rebel groups.” The BBC simply deleted the key admission that the Saudis are arming al Qaeda.
  • But what this does highlight is just how ludicrous — how beyond parody — the 14-year-old war on terror has become, how little it has to do with its original ostensible justification. The regime with the greatest plausible proximity to the 9/11 attack — Saudi Arabia — is the closest U.S. ally in the region next to Israel. The country that had absolutely nothing to do with that attack, and which is at least as threatened as the U.S. by the religious ideology that spurred it — Iran — is the U.S.’s greatest war-on-terror adversary. Now we have a virtual admission from the Saudis that they are arming a group that centrally includes al Qaeda, while the U.S. itself has at least indirectly done the same (just as was true in Libya). And we’re actually at the point where western media outlets are vehemently denouncing Russia for bombing al Qaeda elements, which those outlets are  manipulatively referring to as “non-ISIS groups.” It’s not a stretch to say that the faction that provides the greatest material support to al Qaeda at this point is the U.S. and its closest allies. That is true even as al Qaeda continues to be paraded around as the prime need for the ongoing war. But whatever one’s views are on Syria, it’s telling indeed to watch the BBC desperately protect Saudi officials, not only by granting them anonymity to spout official propaganda, but worse, by using blatant editing games to whitewash the Saudis’ own damaging admissions, ones the BBC unwittingly published. There are many adjectives one can apply to the BBC’s behavior here: “Objective” and “neutral” are most assuredly not among them.
  •  
    Glenn Greenwald riffs on BBC's latest cover-up on behalf of the U.S. allies backing for al-Nusrah.
Paul Merrell

Britain Considers Pulling out of European Convention on Human Rights when Armed Forces ... - 0 views

  • Senior Whitehall figures are drawing up controversial plans to ensure that Britain’s armed forces will no longer be subject to legal claims by their enemies over human rights violations.Guaranteed to have Brits in Middle England choking on their morning croissants, Saturday’s claims from right-wing mouthpiece, The Telegraph, insisted that taxpayers are facing a bill of £150 million to defend British soldiers being sued by “enemy fighters” for breaching their human rights. The Telegraph claimed that over 2,000 compensation claims and judicial reviews are being prepared by lawyers in the aftermath of the wars in Afghanistan and Iraq as part of a growing litigation culture that is encroaching on the ability of the armed forces to do their jobs.So far, 500 judicial review applications have been lodged, with 1,200 claims for compensation against the Ministry of Defense for alleged abuse, unlawful detention, and unlawful killing in Iraq.Further, an estimated 800 compensation cases from Afghanistan could follow.
  • Defence secretary Michael Fallon is so dismayed at what he calls the “increasing encroachment of human rights law into the battlefield,” that he is determined to take steps to stem the tide of legal action.Some of the planned fightback by ministers should concern everyone:Pulling out of the European Convention: Ministers could declare a temporary withdrawal from the European Convention on Human Rights (ECHR) before sending British forces into action in future.Taking legal action against law firms that have brought “bogus” cases against the Armed Forces: This includes referring lawyers to legal watchdogs and bringing fraud prosecutions against firms found to have made false allegations.A time limit on legal action to stop compensation claims being made years after incidents occur: Further reforms would end legal aid for claimants who are living outside the U.K.Planned new laws would also allow the government to recover the costs of “bogus judicial reviews,”  but one proposal is the most worrying of all:
  • A new Bill of Rights: Michael Gove is working on a British Bill of Rights to replace the Human Rights Act, according to ministers. It will reportedly include safeguards for the Armed Forces to protect them from being sued.In contrast to Michael Fallon’s indignation, a report by Stop The War claims “The long history of British abuse and torture in Kenya, Malaya, Aden, Cyprus, Northern Ireland and Afghanistan cannot be explained as the work of a few ‘bad apples.’”.BottomResponsiveBanner{width:300px;height:250px}@media (min-width:420px){.BottomResponsiveBanner{width:336px;height:280px}}@media (min-width:1300px){.BottomResponsiveBanner{width:728px;height:90px}} The report lists abuses committed by British forces and also references the “loss of the moral compass evident in the behaviour of British forces in Iraq and Afghanistan.”Some might say that by scrapping the Human Rights Act, the government fears being challenged and wants to take away the public’s ability to contest decisions and policies. One thing is for sure: without it, the British government will be allowed to act with almost complete impunity.
1 - 20 of 1155 Next › Last »
Showing 20 items per page