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Paul Merrell

Chelsea Manning On Obama's "Short List" For Commutation - 0 views

  • Whistleblower Chelsea Manning is on President Barack Obama’s “short list” for a potential commutation, a Department of Justice source told NBC News, which adds that the president’s decision could be announced as early as Wednesday. Manning, who is serving a 35-year sentence for leaking evidence of military crimes, has faced solitary confinement for attempting twice to take her own life in the past year.
Paul Merrell

War court judge orders Pentagon to replace USS Cole trial overseer | Miami Herald Miami... - 0 views

  • The military judge presiding at the USS Cole death-penalty trial ordered the Pentagon to replace the senior official and his staff overseeing the war-court process, ruling a since-revoked requirement for judges to live at Guantánamo until a trial is over appeared to be unlawful meddling.Air Force Col. Vance Spath, the judge, issued the ruling in court Monday following a week of hearings that showed behind-the-scenes planning at the Pentagon on how to perhaps replace military judges and speed along the pretrial process.Prosecutors defended the planning by the legal staff of the so-called convening authority for military commissions, retired Marine Maj. Gen. Vaughn Ary, as routine brainstorming on resourcing of the war court.Defense lawyers called the move-in order illegal, a crime in military justice called “unlawful command influence,” that was designed to unfairly rush the death-penalty trial of Saudi captive Abd al Rahim al Nashiri, 50, as the alleged mastermind the USS Cole bombing.
  • They wanted the judge to dismiss the case. But while Spath was still taking evidence, Deputy Secretary of Defense Robert O. Work quickly revoked the controversial order — meaning judges hearing war-crimes cases now may keep their prestigious regular duties and simultaneously preside at Guantánamo military commissions cases.Spath, in court Monday, called dismissal “not appropriate” in this instance. Instead, he disqualified Ary and four lawyers who worked on the move-in requirement: retired Army Col. Mark Toole, Army Reserves Lt. Col. Alyssa Adams, Navy Reserve Cmdr. Raghav Kotval, and Army Capt. Matthew Rich.He ordered the Pentagon to replace them in the USS Cole case — meaning a new convening authority would fund and assign Nashiri’s legal-team resources and pick the pool of military officers for his eventual jury.
  • Spath also cut an upcoming two-week pretrial hearing at Guantánamo back to just one week, he said, to demonstrate “this detailed trial judge feels no pressure to accelerate the pace of this litigation.”
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  • Monday, Spath bristled at the notion that pretrial hearings could be accelerated.“This is a complicated international terrorism case under a relatively new statutory scheme with an unprecedented amount of classified evidence,” he said.In last week’s hearings, Nashiri’s attorneys uncovered a plan to relieve Spath of his Guantánamo cases and leave him in his full-time duties as chief of the Air Force Judiciary — a behind-the-scenes development that Spath said was particularly troubling.Ary had staff crunch costs of conducting commuter hearings here at remote Camp Justice — flights, translators, etc. — and figured that 34 days of hearings in 2014 cost $2,294,117 million for each day the court was open. That works out to $458,823 an hour on mostly tangential pretrial issues — or $7,647 a minute. Staff also tallied how many hours each judge spent on the bench at Guantánamo.
  • Three judges are hearing three terror cases: ▪ Army Col. James L. Pohl, presiding in the Sept. 11 capital murder conspiracy trial of Khalid Sheik Mohammed and four alleged accomplices. He ruled without taking testimony last week that there was an appearance of unlawful interference. He had halted proceedings and threatened more action until the Pentagon revoked the move-in order.▪ Judge Spath in the USS Cole case, who said Monday that Work’s revocation of the relocation rule was not a sufficient remedy. He said the attempted effort of unlawful influence appeared to “cast a cloud” over the independence of the judiciary but did not succeed because he would allow no one to rush him. Ary’s role, he ruled, is to resource the judiciary — “most certainly not an entity that sets the pace of litigation.”▪ The non-capital prosecution of Abd al Hadi al Iraqi, who is accused of commanding al-Qaida forces that allegedly committed war crimes while resisting the 2001 U.S. invasion in Afghanistan. Hadi’s judge, Navy Capt. J.K. Waits, has listed the unlawful-influence question, and whether to dismiss the case, as first up on the docket of his next hearing, March 23.
  • Hadi’s lawyers were watching Spath’s decision to see what, if any, remedy they would seek from their Navy judge who is based in Naples, Italy, and commutes to Cuba to preside in the case.It was disclosed over the weekend that Waits has lifted an order on the prison forbidding female troops from touching Hadi, a development that, like the move-in order, had stirred controversy.Spath’s move rejecting a “convening authority” has precedent in the war court that President George W. Bush built and President Barack Obama reformed.In 2008, before the reforms, a Navy judge in the case of Osama bin Laden’s driver disqualified the then-military commissions legal adviser, Air Force Brig. Gen. Thomas W. Hartmann, as not being fair and balanced. The legal adviser in that version of the war court had some of the duties of the current convening authority.
Gary Edwards

The Ruling Class Consensus On Domestic Spying | Online Library of Law and Liberty - 0 views

  • This means that the US government’s vast apparatus is almost completely useless against serious terrorists or criminals, and useful primarily to do whatever the government might choose to innocent persons.
    • Gary Edwards
       
      Bold statement, but then how did the Fort Hood massacre and Boston Marathon massacre occur?  Plenty of email and phone call evidence in both cases.  Yet the government was caught totally unaware.  I guess it really depends on who the watchers are watching.  Proof is slowly being gathered that the watchers are watching those whom the government elites seek to destroy through blackmail, intimidation (IRS anyone?), and breach of Constitutional rights (take your pick of any three letter government agency acronym you like).
  • Ever since the 1970s, the art of code-making has surpassed the art of code-breaking – period.
  • Hence, on the high end, anyone can purchase voice and internet communications software that are beyond the capacity of anyone to access without an electronic key.
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  • If collection is universal, the collectors don’t have to explain to others (or even to themselves) why they are targeting this person or group and not another. Possessing the data in secret, they can then decide in secret who they are really interested in.
  • That flight from responsibility is also why, in 1978, the intelligence agencies pressed Congress to pass the Foreign Intelligence Surveillance Act (FISA), under which the agencies submit their requests for detailed targeting, in secret, to a court that decides ex parte and in secret.
  • the FISA court. But that court acts not just in secret, but ex parte – hearing only one side.
  • The relevant question about the uses of the NSA programs, then, is simply “against whom, in the broad American public, is the US government likely to turn its animus?
  • Alas, the ruling class has shown itself all too able to treat domestic opponents as public enemies. But that is another story.
  • Another, PRISM, gives access to all records of email, chat, photos, videos and file transfers from the servers of leading US internet companies.
  • From Barack Obama to Karl Rove, the ruling class is in unison: The NSA’s collection of data on virtually all Americans is essential to preventing you from “being blown to smithereens on your morning commute”
  • Project Constant Informant, which tracks essentially all American phone calls, allows matching the account holder’s identity with each call’s precise location in time and place.
  • Here are the facts.
  • These programs stand between Americans and terrorists. Worries that they will be misused are misplaced or downright kooky.
  • In the words of General Keith Alexander, director of NSA, this surveillance has “helped to prevent” “dozens of terrorist events.”
  • anyone who has followed telecommunication technology and intelligence during the past three decades can only scoff at the claim that universal collection of telephone externals and access to internet traffic can thwart serious criminals or terrorists.
  • In fact, the expansion of the US government’s capacity to intrude on innocent communications happened just as technology enabled competent persons who intend to hide their communications to do so without fail.
Paul Merrell

Barack Obama will not rule out pardon for Hillary Clinton amid Donald Trump warning she... - 0 views

  • he White House will not rule out pardoning Hillary Clinton for any offences she may have committed over her use of a private email server, after Donald Trump's warning that she would be jailed if he became president.  A spokesman for President Barack Obama left open the possibility of a pardon, which would shield Mrs Clinton from prosecution even after the President leaves office. "We don't talk about the President's thinking, particularly with respect to any specific cases that might apply to pardons or commutations," Josh Earnest said. Rudy Giuliani, the former New York mayor and a front-runner to be Mr Trump's attorney general, said yesterday that Mr Obama should allow any investigation into Mrs Clinton, or the foundation run by former president Bill Clinton, to run its course.
Paul Merrell

Obama Refuses to Pardon Edward Snowden. Trump's New CIA Pick Wants Him Dead. - 0 views

  • President Obama indicated on Friday that he won’t pardon NSA whistleblower Edward Snowden, even as President-elect Donald Trump announced his pick to run the CIA: Kansas congressman Mike Pompeo, who has called for “the traitor Edward Snowden” to be executed.
  • In an interview with Obama published on Friday, German newspaper Der Spiegel asked: “Are you going to pardon Edward Snowden?” Obama replied: “I can’t pardon somebody who hasn’t gone before a court and presented themselves, so that’s not something that I would comment on at this point.” But P.S. Ruckman, editor of the Pardon Power blog said Obama is wrong to suggest he couldn’t pardon Snowden if he wanted to. Ruckman noted that Obama has previously only granted pardons and commutations to people who have already been convicted. “I just think what he may have better said is: ‘I prefer that he present himself to a court and then we’ll talk turkey.’ But technically in terms of the Constitution, there are no restrictions at all.” The operative Supreme Court ruling, from 1886, states that “The power of pardon conferred by the Constitution upon the President is unlimited except in cases of impeachment. It extends to every offence known to the law, and may be exercised at any time after its commission, either before legal proceedings are taken or during their pendency, or after conviction and judgment. The power is not subject to legislative control.”
Paul Merrell

U.S. to launch peace talks with Taliban - The Washington Post - 0 views

  • The Obama administration will start formal peace talks with the Taliban on Thursday in the Persian Gulf state of Qatar, the first direct political contact between them since early last year and the initial step in what the administration hopes will lead to a negotiated end to the protracted war in Afghanistan. Afghan government representatives are not expected to attend the meeting. But U.S. officials said the United States wants to eventually hand over the process to Afghan President Hamid Karzai and his appointed peace council.
  • For the moment, the opening of the office and the start of formal U.S.-Taliban talks appeared more symbolic than substantive, and the two sides remain far apart on their final objectives. The U.S. goal is for the Taliban to publicly and substantively renounce ties with al-Qaeda, end violence in Afghanistan, recognize the Afghan constitution — including rights for minorities and women — and participate in the democratic process there.The Taliban has demanded the withdrawal of all foreign troops from Afghanistan — including any residual forces the United States and NATO plan to leave after the 2014 withdrawal — and the release of all Taliban detainees. The detainees include five militants being held at the prison in Guantanamo Bay, Cuba, whose release the Taliban has previously sought. The United States has turned over the bulk of its battlefield prisoners in Afghanistan to the Karzai government.
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    Lots more detail in the article. 
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    I won't bother posting links, but the meeting scheduled to begin negotiations today didn't happen because President Karzai broke off negotiations with the U.S. over bases and U.S. forces to remain after 2014 because the Taliban's new office established in Qatar flew the Taliban's flag which includes the phrase, "Islamic Emirate of Afghanistan," the formal name of the Taliban government before the U.S. invaded. And because a plaque on the office's wall outer wall read, "Political Office of the Islamic Emirate of Afghanistan." Karzai objects that this paints the picture of a government in exile. But that is precisely what the Taliban is. Would one expect the French government in exile during World War II not to fly the pre-war French flag? Karzai is a good little puppet and from time to time has thrown small tantrums in aid of painting himself as a non-puppet. But he usually changes his mind. But he has to watch himself; when the post-Saddam Iraq broke off similar negotiations, Obama took it as an invitation to remove all U.S. troops from Iraq. Karzai knows that he runs the same risk. But according to a Reuters report, the Taliban have removed the plaque and lowered their flag to ground level. Perhaps that will be enough concession for the U.S. to tell Karzai to go along with it. Karzai also says he is upset because the Taliban refused to meet with Karzai's negotiator in the first meetings. But the negotiations are supposedly aimed at bringing the Karzai government into the negotiations soon. Karzai's real problem is that he has no leverage worthy of mention. The U.S. is leaving. The Taliban will resume governing Afghanistan to the extent that nation is governed as a nation (historically, most of Afghanistan's "government" in the last century has been mostly multiple and geographically separate and sometimes combative warlords). I suspect that the best Karzai can hope for is amnesty or exile for himself and friends. Amnesty seems unlikely considering his collab
Paul Merrell

How the British Government subjected thousands of people to chemical and biological war... - 0 views

  • During the Cold War, the British Government used the general public as unwitting biological and chemical warfare guinea pigs on a much greater scale than previously thought, according to new historical research.In more than 750 secret operations, hundreds of thousands of ordinary Britons were subjected to ‘mock’ biological and chemical warfare attacks launched from aircraft, ships and road vehicles.Up until now historians had thought that such operations had been much less extensive. The new research, carried out by Ulf Schmidt, Professor of Modern History at the University of Kent, has revealed that British military aircraft dropped thousands of kilos of a chemical of ‘largely unknown toxic potential’ on British civilian populations in and around Salisbury in Wiltshire, Cardington in Bedfordshire and Norwich in Norfolk.Substantial quantities were also dispersed across parts of the English Channel and the North Sea. It’s not known the extent to which coastal towns in England and France were affected.
  • The research reveals, for the first time, that around 4600 kilos of the chemical, zinc cadmium sulphide (now thought to be potentially carcinogenic, on account of its cadmium content) were dispersed from ships, aircraft and moving lorries between 1953 and 1964.Professor Schmidt’s  investigation – published on 9 July as a book, Secret Science – has revealed that commuters on the London underground were also used as guinea pigs on a substantially larger scale than previously thought.
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    Same kind of crap happened in the U.S.
Paul Merrell

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

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

Trump's Infrastructure Boondoggle - 0 views

  • Donald Trump’s $1 trillion infrastructure plan is not an infrastructure plan and it won’t put $1 trillion of fiscal stimulus into the economy. It’s basically a scheme for handing over public assets to private corporations that will extract maximum profits via user fees and tolls. Because the plan is essentially a boondoggle, it will not lift the economy out of the doldrums, increase activity or boost growth.  Quite the contrary. When the details of how the program is going to be implemented are announced,  public confidence in the Trump administration is going to wither and stock prices are going to plunge.   This scenario cannot be avoided because the penny-pinching conservatives in the House and Senate have already said that they won’t support any plan that is not “revenue neutral” which means that any real $1 trillion spending package is a dead letter.  Thus, it’s only a matter of time before the Trump’s plan is exposed as a fraud and the sh** hits the fan.
  • Here are more of the details from an article at Slate: “Under Trump’s plan…the federal government would offer tax credits to private investors interested in funding large infrastructure projects, who would put down some of their own money up front, then borrow the rest on the private bond markets. They would eventually earn their profits on the back end from usage fees, such as highway and bridge tolls (if they built a highway or bridge) or higher water rates (if they fixed up some water mains). So instead of paying for their new roads at tax time, Americans would pay for them during their daily commute. And of course, all these private developers would earn a nice return at the end of the day.” (“Donald Trump’s Plan to Privatize America’s Roads and Bridges”, Slate) Normally, fiscal stimulus is financed by increasing the budget deficits, but Maestro Trump has something else up his sleeve.  He wants the big construction companies and private equity firms to stump up the seed money and start the work with the understanding that they’ll be able to impose user fees and tolls on roads and bridges when the work is completed.  For every dollar that corporations spend on rebuilding US infrastructure, they’ll get a dollar back via tax credits, which means that they’ll end up controlling valuable, revenue-generating assets for nothing. The whole thing is a flagrant ripoff that stinks to high heaven.   The corporations rake in hefty profits on sweetheart deals, while the American people get bupkis. Welcome to Trumpworld.  Here’s more background from Trump’s campaign website:
  • “American Energy and  Infrastructure Act Leverages public-private partnerships, and private investments through tax incentives, to spur $1 trillion in infrastructure investment over ten years. It is revenue neutral.” (Donald Trump’s Contract with the American Voter”) In practical terms, ‘revenue neutral’ means that every dollar of new spending has to be matched by cuts to other government programs.  So, if there are hidden costs to Trump’s plan, then they’ll have to be paid for by slashing funds for Medicare, Medicaid, Social Security, food stamps etc. But, keep in mind, these other programs are much more effective sources of stimulus since the money goes directly to the people who spend it immediately and help grow the economy. Trump’s infrastructure plan doesn’t work like that. A lot of the money will go towards management fees and operational costs leaving fewer dollars to trickle down to low-paid construction workers whose personal consumption drives the economy. Less money for workers means less spending, less activity and weaker growth.
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  • Here’s more on the topic from the Washington Post: “Trump’s plan is not really an infrastructure plan. It’s a tax-cut plan for utility-industry and construction-sector investors, and a massive corporate welfare plan for contractors. The Trump plan doesn’t directly fund new roads, bridges, water systems or airports…. Instead, Trump’s plan provides tax breaks to private-sector investors who back profitable construction projects. … There’s no requirement that the tax breaks be used for … expanded construction efforts; they could all go just to fatten the pockets of investors in previously planned projects… Second, as a result of the above, Trump’s plan isn’t really a jobs plan, either. Because the plan subsidizes investors, not projects; because it funds tax breaks, not bridges; because there’s no requirement that the projects be otherwise unfunded, there is simply no guarantee that the plan will produce any net new hiring. … Buried inside the plan will be provisions to weaken prevailing wage protections on construction projects, undermining unions and ultimately eroding workers’ earnings. Environmental rules are almost certain to be gutted in the name of accelerating projects.” (Trump’s big infrastructure plan? It’s a trap. Washington Post) Let’s summarize:  “Trump’s plan” is “massive corporate welfare plan for contractors” and the “tax breaks”…”could all go just to fatten the pockets of investors in previously planned projects.”
  • What part of this plan looks like it will have a positive impact on the economy? None. If Trump was serious about raising GDP to 4 percent, (another one of his promises) he’d increase Social Security payments, beef up the food stamps program, or hire more government workers.  Any one of these would trigger an immediate uptick in activity spurring more growth and a stronger economy.  And while America’s ramshackle bridges and roads may be in dire need of a facelift,  infrastructure is actually a poor way to inject fiscal stimulus which can be more easily distributed  by simply hiring government agents to stand on streetcorners and hand out 100 dollar bills to passersby. That might not fill the pothole-strewn streets in downtown Duluth, but it would sure as hell would light a fire under GDP. So what’s the gameplan here? What’s Trump really up to? If his infrastructure plan isn’t going to work, then what’s the real objective? The objective is to allow wealthy corporations to buy public assets at firesale prices so they can turn them into profit-generating enterprises. That’s it in a nutshell. That’s why the emphasis is on “unconventional financing programs”, “public-private partnerships”, and “Build America Bonds” instead of plain-old fiscal stimulus, jobs programs and deficit spending. Trump is signaling to his pirate friends in Corporate America that he’ll use his power as executive to find new outlets for profitable investment so they have some place to stick their mountain of money. Of course, none of this has anything to do with rebuilding America’s dilapidated infrastructure or even revving up GDP. That’s just public relations bunkum. What’s really going on is a massive looting operation organized and executed under the watchful eye of Donald Trump, Robber Baron-in-Chief.
  • And Infrastructure is just the tip of the iceberg. Once these kleptomaniacs hit their stride, they’re going to cut through Washington like locusts through a corn field. Bet on it.
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    Mike Whitney always tells it like it is.
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