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Gary Edwards

Ted Cruz: Legal Limit Report 4 - 0 views

www.scribd.com/...Ted-Cruz-Legal-Limit-Report-4

Ted-Cruz rule-of-law

shared by Gary Edwards on 07 May 14 - No Cached
  • Gary Edwards on 07 May 14
     
    "  1 THE LEGAL LIMIT: THE OBAMA ADMINISTRATION'S ATTEMPTS TO EXPAND FEDERAL POWER  Report No. 4: The Obama Administration's Abuse of Power By U.S. Senator Ted Cruz (R-TX) Ranking Member Senate Judiciary Subcommittee on The Constitution, Civil Rights and Human Rights Of all the troubling aspects of the Obama presidency, none is more dangerous than the President's persistent pattern of lawlessness, his willingness to disregard the written law and instead enforce his own policies via executive fiat. The President's taste for unilateral action to circumvent Congress should concern every citizen, regardless of party or ideology. The great 18th-century political philosopher Montesquieu observed: "There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates." America's Founding Fathers took this warning to heart, and we should too. Rule of law doesn't simply mean that society has laws; dictatorships are often characterized by an abundance of laws. Rather, rule of law means that we are a nation ruled   by laws, not men. No one-and especially not the president-is above the law. For that reason, the U.S. Constitution imposes on every president the express duty to "take Care that the Laws be faithfully executed." R ather than honor this duty, President Obama has openly defied it by repeatedly suspending, delaying, and waiving portions of the laws that he is charged to enforce. When President Obama disagreed with federal immigration laws, he instructed the Justice Department to cease enforcing the laws. He did the same thing with federal welfare law, drug laws, and the federal Defense of Marriage Act. In the more than two centuries of our nation's history, there is simply no precedent for the White House wantonly ignoring federal law and asking others to do the same. For all those who are silent now: What would they think of a Republican president who announced that he was going to ignore th
  • Gary Edwards on 08 May 14
     
    "  1 THE LEGAL LIMIT: THE OBAMA ADMINISTRATION'S ATTEMPTS TO EXPAND FEDERAL POWER  Report No. 4: The Obama Administration's Abuse of Power By U.S. Senator Ted Cruz (R-TX) Ranking Member Senate Judiciary Subcommittee on The Constitution, Civil Rights and Human Rights Of all the troubling aspects of the Obama presidency, none is more dangerous than the President's persistent pattern of lawlessness, his willingness to disregard the written law and instead enforce his own policies via executive fiat. The President's taste for unilateral action to circumvent Congress should concern every citizen, regardless of party or ideology. The great 18th-century political philosopher Montesquieu observed: "There can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates." America's Founding Fathers took this warning to heart, and we should too. Rule of law doesn't simply mean that society has laws; dictatorships are often characterized by an abundance of laws. Rather, rule of law means that we are a nation ruled   by laws, not men. No one-and especially not the president-is above the law. For that reason, the U.S. Constitution imposes on every president the express duty to "take Care that the Laws be faithfully executed." R ather than honor this duty, President Obama has openly defied it by repeatedly suspending, delaying, and waiving portions of the laws that he is charged to enforce. When President Obama disagreed with federal immigration laws, he instructed the Justice Department to cease enforcing the laws. He did the same thing with federal welfare law, drug laws, and the federal Defense of Marriage Act. In the more than two centuries of our nation's history, there is simply no precedent for the White House wantonly ignoring federal law and asking others to do the same. For all those who are silent now: What would they think of a Republican president who announced that he was going to ignore the law, or unil
Paul Merrell

Corp Fueling Fentanyl Overdose Epidemic Lobbying to Keep Weed Illegal - 0 views

www.mintpressnews.com/...220274

marijuana-legalization-opponents pharmaceutical-lobby tobacco-lobby alcohol-lobby private-prison-lobby law-enforcement-lobby

shared by Paul Merrell on 12 Sep 16 - No Cached
  • In 2016, cannabis is still illegal in many parts of the country, and pharmaceutical giant Insys Therapeutics Inc., a manufacturer of fentanyl, just demonstrated much of the reason why. Arizona is currently gearing up to vote on legalizing recreational cannabis. Ahead of that vote, Insys just contributed $500,000 in the fight against Proposition 205, U.S. News and other outlets report. The Arizona-based pharmaceutical company recently gave the funds to Arizonans for Responsible Drug Policy, an anti-legalization campaign group actively fighting to defeat the ballot measure. Insys’s contributions are particularly unsettling considering the company currently markets only one product — a spray version of fentanyl, a powerful opiate. Fentanyl has become one of the country’s most dangerous prescription drugs. It is more potent than traditional addictive opiates, which already claim thousands of lives every year and drive addicts to graduate to heroin use. Fentanyl is 50 times stronger than heroin and has been linked to a growing number of deaths in the United States. It isparticularly dangerous when sold on the street and cut with other drugs. Fentanyl has been blamed for worsening the sharp rise in heroin overdoses as dealers across the country have begun adding it to heroin to make it stronger.
  • Colorado has lower rates of teen cannabis consumption than the national average, and studies have shown driving while under the influence of the plant is far less dangerous than alcohol, a legal drug. Colorado has seen a spike intourism, business, and tax revenues as a result of legalization. Interestingly, a study by Johns Hopkins university last year found states with medical marijuana had lower rates of overdose from opiates. In spite of Arizonans for Responsible Drug Policy’s claims they care about communities, it is completely comfortable taking half a million dollars from a company that produces one of the most toxic and addictive drugs on the market. Unsurprisingly, Insys previously sold a synthetic cannabis product and has already gained approval from the FDA to launch a similar one in the near future. These business ventures provide an even deeper understanding of why they oppose legalization.
  • Insys’s donation is the largest any group associated with Proposition 205 has received. Around the country, the pharmaceutical fight against legalization is joined by the tobacco lobby, the alcohol lobby, the private prison lobby, and law enforcement.
  • Paul Merrell on 12 Sep 16
     
    Interesting to watch the various marijuana legalization measures in different states. The lobby money to oppose it has overwhelmingly come from organizations whose financial oxen would be gored, the pharmaceutical lobby, tobacco lobby, alcohol lobby, private prison lobby, and law enforcement lobby. On the latter, state and local law enforcement get huge federal subsidies for drug law enforcement, plus forfeiture of properties in drug cases are a huge source of revenue for law enforcement.
Paul Merrell

Data Pirates of the Caribbean: The NSA Is Recording Every Cell Phone Call in the Bahama... - 0 views

firstlook.org/...-every-cell-phone-call-bahamas

surveillance state NSA DEA cell-phone-dragnet-recording

shared by Paul Merrell on 20 May 14 - No Cached
  • The National Security Agency is secretly intercepting, recording, and archiving the audio of virtually every cell phone conversation on the island nation of the Bahamas. According to documents provided by NSA whistleblower Edward Snowden, the surveillance is part of a top-secret system – code-named SOMALGET – that was implemented without the knowledge or consent of the Bahamian government. Instead, the agency appears to have used access legally obtained in cooperation with the U.S. Drug Enforcement Administration to open a backdoor to the country’s cellular telephone network, enabling it to covertly record and store the “full-take audio” of every mobile call made to, from and within the Bahamas – and to replay those calls for up to a month. SOMALGET is part of a broader NSA program called MYSTIC, which The Intercept has learned is being used to secretly monitor the telecommunications systems of the Bahamas and several other countries, including Mexico, the Philippines, and Kenya. But while MYSTIC scrapes mobile networks for so-called “metadata” – information that reveals the time, source, and destination of calls – SOMALGET is a cutting-edge tool that enables the NSA to vacuum up and store the actual content of every conversation in an entire country.
  • All told, the NSA is using MYSTIC to gather personal data on mobile calls placed in countries with a combined population of more than 250 million people. And according to classified documents, the agency is seeking funding to export the sweeping surveillance capability elsewhere. The program raises profound questions about the nature and extent of American surveillance abroad. The U.S. intelligence community routinely justifies its massive spying efforts by citing the threats to national security posed by global terrorism and unpredictable rival nations like Russia and Iran. But the NSA documents indicate that SOMALGET has been deployed in the Bahamas to locate “international narcotics traffickers and special-interest alien smugglers” – traditional law-enforcement concerns, but a far cry from derailing terror plots or intercepting weapons of mass destruction.
  • By targeting the Bahamas’ entire mobile network, the NSA is intentionally collecting and retaining intelligence on millions of people who have not been accused of any crime or terrorist activity. Nearly five million Americans visit the country each year, and many prominent U.S. citizens keep homes there, including Sen. Tom Harkin (D-Iowa), Bill Gates, and Oprah Winfrey.
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  • The Intercept has confirmed that as of 2013, the NSA was actively using MYSTIC to gather cell-phone metadata in five countries, and was intercepting voice data in two of them. Documents show that the NSA has been generating intelligence reports from MYSTIC surveillance in the Bahamas, Mexico, Kenya, the Philippines, and one other country, which The Intercept is not naming in response to specific, credible concerns that doing so could lead to increased violence. The more expansive full-take recording capability has been deployed in both the Bahamas and the unnamed country. MYSTIC was established in 2009 by the NSA’s Special Source Operations division, which works with corporate partners to conduct surveillance. Documents in the Snowden archive describe it as a “program for embedded collection systems overtly installed on target networks, predominantly for the collection and processing of wireless/mobile communications networks.”
  • If an entire nation’s cell-phone calls were a menu of TV shows, MYSTIC would be a cable programming guide showing which channels offer which shows, and when. SOMALGET would be the DVR that automatically records every show on every channel and stores them for a month. MYSTIC provides the access; SOMALGET provides the massive amounts of storage needed to archive all those calls so that analysts can listen to them at will after the fact. According to one NSA document, SOMALGET is “deployed against entire networks” in the Bahamas and the second country, and processes “over 100 million call events per day.”
  • When U.S. drug agents need to tap a phone of a suspected drug kingpin in another country, they call up their counterparts and ask them set up an intercept. To facilitate those taps, many nations – including the Bahamas – have hired contractors who install and maintain so-called lawful intercept equipment on their telecommunications. With SOMALGET, it appears that the NSA has used the access those contractors developed to secretly mine the country’s entire phone system for “signals intelligence” –recording every mobile call in the country. “Host countries,” the document notes, “are not aware of NSA’s SIGINT collection.” “Lawful intercept systems engineer communications vulnerabilities into networks, forcing the carriers to weaken,” says Christopher Soghoian, the principal technologist for the American Civil Liberties Union. “Host governments really should be thinking twice before they accept one of these Trojan horses.”
  • The DEA has long been in a unique position to help the NSA gain backdoor access to foreign phone networks. “DEA has close relationships with foreign government counterparts and vetted foreign partners,” the manager of the NSA’s drug-war efforts reported in a 2004 memo. Indeed, with more than 80 international offices, the DEA is one of the most widely deployed U.S. agencies around the globe. But what many foreign governments fail to realize is that U.S. drug agents don’t confine themselves to simply fighting narcotics traffickers. “DEA is actually one of the biggest spy operations there is,” says Finn Selander, a former DEA special agent who works with the drug-reform advocacy group Law Enforcement Against Prohibition. “Our mandate is not just drugs. We collect intelligence.” What’s more, Selander adds, the NSA has aided the DEA for years on surveillance operations. “On our reports, there’s drug information and then there’s non-drug information,” he says. “So countries let us in because they don’t view us, really, as a spy organization.”
  • “I seriously don’t think that would be your run-of-the-mill legal interception equipment,” says the former engineer, who worked with hardware and software that typically maxed out at 1,000 intercepts. The NSA, by contrast, is recording and storing tens of millions of calls – “mass surveillance,” he observes, that goes far beyond the standard practices for lawful interception recognized around the world. The Bahamas Telecommunications Company did not respond to repeated phone calls and emails.
  • The proliferation of private contractors has apparently provided the NSA with direct access to foreign phone networks. According to the documents, MYSTIC draws its data from “collection systems” that were overtly installed on the telecommunications systems of targeted countries, apparently by corporate “partners” cooperating with the NSA. One NSA document spells out that “the overt purpose” given for accessing foreign telecommunications systems is “for legitimate commercial service for the Telco’s themselves.” But the same document adds: “Our covert mission is the provision of SIGINT,” or signals intelligence.
  • According to the NSA documents, MYSTIC targets calls and other data transmitted on  Global System for Mobile Communications networks – the primary framework used for cell phone calls worldwide. In the Philippines, MYSTIC collects “GSM, Short Message Service (SMS) and Call Detail Records” via access provided by a “DSD asset in a Philippine provider site.” (The DSD refers to the Defence Signals Directorate, an arm of Australian intelligence. The Australian consulate in New York declined to comment.) The operation in Kenya is “sponsored” by the CIA, according to the documents, and collects “GSM metadata with the potential for content at a later date.” The Mexican operation is likewise sponsored by the CIA. The documents don’t say how or under what pretenses the agency is gathering call data in those countries. In the Bahamas, the documents say, the NSA intercepts GSM data that is transmitted over what is known as the “A link”–or “A interface”–a core component of many mobile networks. The A link transfers data between two crucial parts of GSM networks – the base station subsystem, where phones in the field communicate with cell towers, and the network subsystem, which routes calls and text messages to the appropriate destination. “It’s where all of the telephone traffic goes,” says the former engineer.
  • When U.S. drug agents wiretap a country’s phone networks, they must comply with the host country’s laws and work alongside their law enforcement counterparts. “The way DEA works with our allies – it could be Bahamas or Jamaica or anywhere – the host country has to invite us,” says Margolis. “We come in and provide the support, but they do the intercept themselves.” The Bahamas’ Listening Devices Act requires all wiretaps to be authorized in writing either by the minister of national security or the police commissioner in consultation with the attorney general. The individuals to be targeted must be named. Under the nation’s Data Protection Act, personal data may only be “collected by means which are both lawful and fair in the circumstances of the case.” The office of the Bahamian data protection commissioner, which administers the act, said in a statement that it “was not aware of the matter you raise.” Countries like the Bahamas don’t install lawful intercepts on their own. With the adoption of international standards, a thriving market has emerged for private firms that are contracted by foreign governments to install and maintain lawful intercept equipment. Currently valued at more than $128 million, the global market for private interception services is expected to skyrocket to more than $970 million within the next four years, according to a 2013 report from the research firm Markets and Markets.
  • If the U.S. government wanted to make a case for surveillance in the Bahamas, it could point to the country’s status as a leading haven for tax cheats, corporate shell games, and a wide array of black-market traffickers. The State Department considers the Bahamas both a “major drug-transit country” and a “major money laundering country” (a designation it shares with more than 60 other nations, including the U.S.). According to the International Monetary Fund, as of 2011 the Bahamas was home to 271 banks and trust companies with active licenses. At the time, the Bahamian banks held $595 billion in U.S. assets. But the NSA documents don’t reflect a concerted focus on the money launderers and powerful financial institutions – including numerous Western banks – that underpin the black market for narcotics in the Bahamas. Instead, an internal NSA presentation from 2013 recounts with pride how analysts used SOMALGET to locate an individual who “arranged Mexico-to-United States marijuana shipments” through the U.S. Postal Service.
  • The presentation doesn’t say whether the NSA shared the information with the DEA. But the drug agency’s Special Operations Divison has come under fire for improperly using classified information obtained by the NSA to launch criminal investigations – and then creating false narratives to mislead courts about how the investigations began. The tactic – known as parallel construction – was first reported by Reuters last year, and is now under investigation by the Justice Department’s inspector general. So: Beyond a desire to bust island pot dealers, why would the NSA choose to apply a powerful collection tool such as SOMALGET against the Bahamas, which poses virtually no threat to the United States? The answer may lie in a document that characterizes the Bahamas operation as a “test bed for system deployments, capabilities, and improvements” to SOMALGET. The country’s small population – fewer than 400,000 residents – provides a manageable sample to try out the surveillance system’s features. Since SOMALGET is also operational in one other country, the Bahamas may be used as a sort of guinea pig to beta-test improvements and alterations without impacting the system’s operations elsewhere. “From an engineering point of view it makes perfect sense,” says the former engineer. “Absolutely.”
  • SOMALGET operates under Executive Order 12333, a Reagan-era rule establishing wide latitude for the NSA and other intelligence agencies to spy on other countries, as long as the attorney general is convinced the efforts are aimed at gathering foreign intelligence. In 2000, the NSA assured Congress that all electronic surveillance performed under 12333 “must be conducted in a manner that minimizes the acquisition, retention, and dissemination of information about unconsenting U.S. persons.” In reality, many legal experts point out, the lack of judicial oversight or criminal penalties for violating the order render the guidelines meaningless. “I think it would be open, whether it was legal or not,” says German, the former FBI agent. “Because we don’t have all the facts about how they’re doing it. For a long time, the NSA has been interpreting their authority in the broadest possible way, even beyond what an objective observer would say was reasonable.” “An American citizen has Fourth Amendment rights wherever they are,” adds Kurt Opsahl, an attorney with the Electronic Frontier Foundation. “Nevertheless, there have certainly been a number of things published over the last year which suggest that there are broad, sweeping programs that the NSA and other government agencies are doing abroad that sweep up the communications of Americans.”
  • Legal or not, the NSA’s covert surveillance of an entire nation suggests that it will take more than the president’s tepid “limits” to rein in the ambitions of the intelligence community. “It’s almost like they have this mentality – if we can, we will,” says German. “There’s no analysis of the long-term risks of doing it, no analysis of whether it’s actually worth the effort, no analysis of whether we couldn’t take those resources and actually put them on real threats and do more good.” It’s not surprising, German adds, that the government’s covert program in the Bahamas didn’t remain covert. “The undermining of international law and international cooperation is such a long-term negative result of these programs that they had to know would eventually be exposed, whether through a leak, whether through a spy, whether through an accident,” he says. “Nothing stays secret forever. It really shows the arrogance of these agencies – they were just going to do what they were going to do, and they weren’t really going to consider any other important aspects of how our long-term security needs to be addressed.”
  • Paul Merrell on 20 May 14
     
    Words fail me.
Paul Merrell

As Federal Prison Population Spiked 790 Percent, Average Drug Sentences Doubled | Think... - 0 views

thinkprogress.org/...sentences-doubled-report-finds

incarceration-nation prison-reform drug-laws mandatory-minimums war on drugs™

shared by Paul Merrell on 31 Dec 13 - No Cached
  • The federal prison population has ballooned 790 percent since 1980, and almost half of those now imprisoned are there for drugs. In the coming years, the Bureau of Prisons projects that prison overcrowding will get even worse. While federal prisons are now 35 to 40 percent over capacity, they are expected by 2023 to reach 55 percent over capacity without a policy change, according to a new report by the Urban Institute. The prison population explosion was not driven primarily by a spike in crime, but by a change in punishment. Over a 25-year period, average drug sentences doubled from 38.5 months in 1984 to 74 months in 2011. And over a similar period, the percentage of convicted federal offenders sentenced to prison spiked from 50 percent in 1986 to 90 percent in 2011. Before the passage of several draconian laws that impose mandated harsh sentences and remove judicial discretion, many offenders received probation or a fine for the same violations.
  • Now, public officials are among those looking for a solution. And the Urban Institute found that, while no one policy change will be enough to cure the inmate population explosion, the one single thing that could have the greatest impact is reforming mandatory minimum sentences. “Cutting mandatory minimums in half could save almost $2.5 billion in 10 years,” Urban Institute Senior Fellow Julie Samuels writes. “This measure alone would reduce overcrowding to the lowest it has been in decades.” There are now several bipartisan mandatory minimum bills pending in both houses of Congress. And the bipartisan momentum has never been greater, with even the world’s largest association of corrections officials and the conservative American Legislative Exchange Council urging mandatory minimum reform.
  • Paul Merrell on 31 Dec 13
     
    Life in the "land of the free." Five per cent of the world's population, but  25 per cent of the world's incarcerated prisoners. Drug legalization and release of all prisoners convicted of drug crimes not involving violence would do far more to bring some order to this mess.  But the desire to regulate seems irresistible, particularly when it serves as very thin cover for racial repression. Never mind that legalization would also end the drug war raging in Mexico.  "But we can't legalize immoral behavior." "Would you prefer that people buy their drugs from a government dispensary or from the kid down the block, you know, the one with the AK-47?"  
Gary Edwards

Gadfly ONLINE | The Age of Neo-Feudalism: A Government of the Rich, by the Rich, and fo... - 2 views

www.gadflyonline.com/...the-age-of-neo-feudalism

new-fgeudalism ruling-class-elites New-World-Order Banksters Globalist Corporatists fascism

shared by Gary Edwards on 28 Mar 13 - No Cached
  • Gary Edwards on 28 Mar 13
     
    "THE AGE OF NEO-FEUDALISM: A GOVERNMENT OF THE RICH, BY THE RICH, AND FOR THE CORPORATIONS" excerpt: "The shaping of the will of Congress and the choosing of the American president has become a privilege reserved to the country's equestrian classes, a.k.a. the 20% of the population that holds 93% of the wealth, the happy few who run the corporations and the banks, own and operate the news and entertainment media, compose the laws and govern the universities, control the philanthropic foundations, the policy institutes, the casinos, and the sports arenas." - Journalist Lewis Lapham The pomp and circumstance of the presidential inauguration has died down. Members of Congress have taken their seats on Capitol Hill, and Barack Obama has reclaimed his seat in the White House. The circus of the presidential election has become a faint memory. The long months of debates, rallies, and political advertisements have slipped from our consciousness. Now we are left with the feeling that nothing has really changed, nor will it. This is not by accident. The media circus leading up to the elections, the name calling in the halls of Congress, the vitriol and barbs traded back and forth among people who are supposed to be working together to improve the country, are all components of the game set up by those who run the show. The movers and shakers behind these engaging, but ultimately trite, political exercises are the elite, the so-called upper class, who benefit from the status quo. This status quo is marked by an economic crisis with no end in sight, by the slow but steady growth of a police state aimed at the lowest rungs of society, and a political circus which keeps us enraptured long enough that we don't question what's really going on. Meanwhile, this elite, composed of corporations profiting off of our ignorance, avoid being brought to task for their destruction of democratic governance and the economy. These are the corporations who sent our econo
Paul Merrell

The Latest US and World News - USATODAY.com - 0 views

www.usatoday.com/...70808616

surveillance state DEA phone-surveillance

shared by Paul Merrell on 08 Apr 15 - No Cached
  • The U.S. government started keeping secret records of Americans' international telephone calls nearly a decade before the Sept. 11 terrorist attacks, harvesting billions of calls in a program that provided a blueprint for the far broader National Security Agency surveillance that followed.For more than two decades, the Justice Department and the Drug Enforcement Administration amassed logs of virtually all telephone calls from the USA to as many as 116 countries linked to drug trafficking, current and former officials involved with the operation said. The targeted countries changed over time but included Canada, Mexico and most of Central and South America.Federal investigators used the call records to track drug cartels' distribution networks in the USA, allowing agents to detect previously unknown trafficking rings and money handlers. They also used the records to help rule out foreign ties to the bombing in 1995 of a federal building in Oklahoma City and to identify U.S. suspects in a wide range of other investigations.The Justice Department revealed in January that the DEA had collected data about calls to "designated foreign countries." But the history and vast scale of that operation have not been disclosed until now.
  • The now-discontinued operation, carried out by the DEA's intelligence arm, was the government's first known effort to gather data on Americans in bulk, sweeping up records of telephone calls made by millions of U.S. citizens regardless of whether they were suspected of a crime. It was a model for the massive phone surveillance system the NSA launched to identify terrorists after the Sept. 11 attacks. That dragnet drew sharp criticism that the government had intruded too deeply into Americans' privacy after former NSA contractor Edward Snowden leaked it to the news media two years ago.More than a dozen current and former law enforcement and intelligence officials described the details of the Justice Department operation to USA TODAY. Most did so on the condition of anonymity because they were not authorized to publicly discuss the intelligence program, part of which remains classified.The DEA program did not intercept the content of Americans' calls, but the records — which numbers were dialed and when — allowed agents to map suspects' communications and link them to troves of other police and intelligence data. At first, the drug agency did so with help from military computers and intelligence analysts
  • The extent of that surveillance alarmed privacy advocates, who questioned its legality. "This was aimed squarely at Americans," said Mark Rumold, an attorney with the Electronic Frontier Foundation. "That's very significant from a constitutional perspective."Holder halted the data collection in September 2013 amid the fallout from Snowden's revelations about other surveillance programs. In its place, current and former officials said the drug agency sends telecom companies daily subpoenas for international calling records involving only phone numbers that agents suspect are linked to the drug trade or other crimes — sometimes a thousand or more numbers a day.Tuesday, Justice Department spokesman Patrick Rodenbush said the DEA "is no longer collecting bulk telephony metadata from U.S. service providers." A DEA spokesman declined to comment.
  • ...6 more annotations...
  • The system they built ultimately allowed the drug agency to stitch together huge collections of data to map trafficking and money laundering networks both overseas and within the USA. It allowed agents to link the call records its agents gathered domestically with calling data the DEA and intelligence agencies had acquired outside the USA. (In some cases, officials said the DEA paid employees of foreign telecom firms for copies of call logs and subscriber lists.) And it eventually allowed agents to cross-reference all of that against investigative reports from the DEA, FBI and Customs Service.
  • The result "produced major international investigations that allowed us to take some big people," Constantine said, though he said he could not identify particular cases.
  • In 1992, in the last months of Bush's administration, Attorney General William Barr and his chief criminal prosecutor, Robert Mueller, gave the DEA permission to collect a much larger set of phone data to feed into that intelligence operation.Instead of simply asking phone companies for records about calls made by people suspected of drug crimes, the Justice Department began ordering telephone companies to turn over lists of all phone calls from the USA to countries where the government determined drug traffickers operated, current and former officials said
  • The DEA obtained those records using administrative subpoenas that allow the agency to collect records "relevant or material to" federal drug investigations. Officials acknowledged it was an expansive interpretation of that authority but one that was not likely to be challenged because unlike search warrants, DEA subpoenas do not require a judge's approval. "We knew we were stretching the definition," a former official involved in the process said.Officials said a few telephone companies were reluctant to provide so much information, but none challenged the subpoenas in court. Those that hesitated received letters from the Justice Department urging them to comply.
  • A spokesman for AT&T declined to comment. Sprint spokeswoman Stephanie Vinge Walsh said only that "we do comply with all state and federal laws regarding law enforcement subpoenas."Agents said that when the data collection began, they sought to limit its use mainly to drug investigations and turned away requests for access from the FBI and the NSA. They allowed searches of the data in terrorism cases, including the bombing of a federal building in Oklahoma City that killed 168 people in 1995, helping to rule out theories linking the attack to foreign terrorists. They allowed even broader use after Sept. 11, 2001. The DEA's public disclosure of its program in January came in the case of a man charged with violating U.S. export restrictions by trying to send electrical equipment to Iran.At first, officials said the DEA gathered records only of calls to a handful of countries, focusing on Colombian drug cartels and their supply lines. Its reach grew quickly, and by the late 1990s, the DEA was logging "a massive number of calls," said a former intelligence official who supervised the program.
  • At its peak, the operation gathered data on calls to 116 countries, an official involved in reviewing the list said. Two other officials said they did not recall the precise number of countries, but it was more than 100. That gave the collection a considerable sweep; the U.S. government recognizes a total of 195 countries.
Paul Merrell

Martin Shkreli Arrested on Securities Fraud Charges - 0 views

www.bloomberg.com/...artin-shkreli-securities-fraud

Shkreli criminal-prosecution embezzlement fraud

shared by Paul Merrell on 18 Dec 15 - No Cached
  • Martin Shkreli, a boastful pharmaceutical executive who came under withering criticism for price gouging vital drugs, denied securities fraud charges on Thursday following an early morning arrest, and was freed on a $5 million bond. While the 32-year-old has earned a rare level of infamy for his brazenness in business and his personal life, what he was charged with had nothing to do with skyrocketing drug prices. He is accused of repeatedly losing money for investors and lying to them about it, illegally taking assets from one of his companies to pay off debtors in another. “Shkreli essentially ran his company like a Ponzi scheme where he used each subsequent company to pay off defrauded investors from the prior company,” Brooklyn U.S. Attorney Robert Capers said at a press conference.
  • Evan Greebel, a New York lawyer, who is alleged in the federal indictment to have helped Shkreli in his schemes, was also arrested and charged. Like Shkreli, he pleaded not guilty, and he was freed on a $1 million bond. Both men and their lawyers declined to comment after their court appearance.
  • Read the full text of the indictment here In the federal indictment and a complaint by the Securities and Exchange Commission, authorities say Shkreli began losing money and lying to investors from the time he began managing money. In his mid-20s, he got nine investors to place $3 million with him and at one point he had only $331. Securities fraud is hardly unheard of on Wall Streeet and the amounts involved here are nowhere near on the scale of Bernie Madoff. But Shkreli’s case has drawn such attention because of his defiant price-gouging and his own up-by-the-bootstraps history. The son of immigrants from Albania and Croatia who did janitorial work and raised him and his brothers in working-class Brooklyn, Shkreli seemed at first to embody the American dream and then to mock it. After dropping out of an elite Manhattan high school, he worked as an intern for Jim Cramer’s hedge fund as a 17-year-old and quickly impressed with his ability to call stocks. He created hedge funds, taught himself biology and, after earning a BA at Baruch College in New York City, began hedge funds investing in biotech.
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  • He became famous within a certain world but entered public consciousness after he raised the price more than 55-fold for Daraprim in September from $13.50 per pill to $750. It is the preferred treatment for a parasitic condition known as toxoplasmosis, which can be deadly for unborn babies and patients with compromised immune systems including those with HIV or cancer. His company, Turing Pharmaceuticals AG, bought the drug, moved it to a closed distribution system and instantly drove the price into the stratosphere. He drew shocked rebukes from Congress, doctors and presidential candidates, and brought public attention to the rising prices of older drugs. Donald Trump called Shkreli a “spoiled brat,” and the BBC dubbed him the “most hated man in America.” Bernie Sanders, the Democratic presidential candidate, rejected a $2,700 campaign donation from him, directing it to an HIV clinic. A spokesman said the campaign would not keep money “from this poster boy for drug company greed.” All the criticism seemed at first to have some impact and Shkreli said he would lower the price. Then he reneged. When Hillary Clinton tried one more time last month to get him to cut the cost, he dismissed her with the tweet “lol.” At a Forbes summit in New York this month, wearing a hooded sweatshirt, he said if he could have done it over, “I probably would have raised the price higher,” adding, “My investors expect me to maximize profits.”
  • Shkreli did further damage to his public image with other acts and boasts. He spent millions on the only copy of a Wu-Tang Clan album that music fans are desperate to hear and then told Bloomberg Businessweek that he had no immediate plans to listen to it. He takes often to Twitter and message boards, bragging about his business strategies, musical tastes and politics; he live-streams from his office for long stretches. The SEC complaint and federal indictment lay out a series of schemes and cover-ups carried out by Shkreli. Capers said authorities began investigating him as early as 2014.
  • Barely 23, he was managing hedge fund Elea Capital in New York and lost it all in 2007. Around then, a trade with Lehman Brothers ended with a $2.3 million judgment against him, prosecutors said. In 2010, he lost his clients’ $3 million investment in his new fund, MSMB Capital. In 2011, he bet that shares of Orexigen Therapeutics Inc. would fall and wound up owing $7 million to his broker, Merrill Lynch, authorities said. He couldn’t pay, and he, an unnamed accomplice and MSMB Capital eventually extinguished the debt with a $1.35 million settlement, they said. Part of that money came from his next firm, authorities said. After the collapse of MSMB Capital, Shkreli launched MSMB Healthcare with about $5 million from 13 investors. He paid himself “far in excess” of the agreed-upon 1 percent management fee and 20 percent profit incentive, according to the SEC.
  • Shkreli then used cash from MSMB Healthcare to invest in Retrophin, the pharmaceutical company he founded in 2011, even though it “had no products or assets,” prosecutors said. Later, he used the assets of Retrophin to repay angry investors in his hedge funds, prosecutors said. Shkreli is confident that he will be cleared of the charges, according to a statement on his behalf. Shkreli is particularly disappointed that his litigation with Retrophin has become a government enforcement matter, according to the statement. He also denied the charges regarding the MSMB entities, which he said involve complex accounting matters that prosecutors and the SEC fail to understand, according to the statement. “It is no coincidence that these charges, the result of investigations which have been languishing for considerable time, have been filed at the same time of Shkreli’s high-profile, controversial and yet unrelated activities,” according to the statement. “The government suggested that Mr. Shkreli was involved in a Ponzi scheme. Ponzi victims do not make money, yet Mr. Shkreli’s investors enjoyed strong results.”
  • As Shkreli’s losses mounted, so did his lies. He fabricated portfolio statements and, with his lawyer’s help, deceived the SEC and outside accountants. He backdated records, manufactured a phony loan agreement between Retrophin and a hedge fund, and created sham consulting agreements with Retrophin as a way to route the company’s cash to his earlier investors. Greebel, the arrested lawyer, made sure Retrophin’s outside accountants were unaware of Shkreli’s financial maneuvers and helped him concoct the consulting agreements used to repay the hedge fund investors, the U.S. said. The cases mirror a lawsuit brought by Retrophin. Shkreli blithely dismissed his old company’s claims, saying, “The $65 million Retrophin wants from me would not dent me. I feel great. I’m licking my chops over the suits I’m going to file against them.” Earlier, he had denied wrongdoing in a post on InvestorsHub after Retrophin disclosed it had received a subpoena from federal prosecutors and the preliminary findings from its own investigation of Shkreli. He called the company’s allegations “completely false, untrue at best and defamatory at worst.”
  • “Every transaction I’ve ever made at Retrophin was done with outside counsel’s blessing,” he said on the investment blog in February, without identifying the lawyers. When Shkreli was working for Cramer’s firm, he was still a teenager. After recommending successful trades, Shkreli eventually set up his own hedge fund, quickly developing a reputation for trashing biotechnology stocks in online chatrooms and shorting them, to enormous profit. Widely admired for his intellect and sharp eye, he set up Retrophin to develop drugs and acquire older pharmaceuticals that could be sold for higher profits. Turing, which is less than a year old and has raised $90 million in financing, has followed a similar strategy with the purchase of drugs, including Daraprim. Shkreli recently bought a majority stake in KaloBios Pharmaceuticals Inc. after Turing received a warning from the New York attorney general that the distribution network for Daraprim may violate antitrust laws. State officials made their concerns known to Turing and Shkreli in an Oct. 12 letter obtained by Bloomberg.
  • KaloBios recently acquired the license for benznidazole, a standard treatment for Chagas, a deadly parasitic infection most common in South and Central America. The firm announced plans to increase the cost from a couple hundred dollars for two months to a pricing structure like that for hepatitis-C drugs, which can run to nearly $100,000 for 12 weeks.
  • With the federal charges and regulatory actions, Shkreli could be banned from running a public company, which could put the future of KaloBios into question. Trading in KaloBios shares was halted after the stock fell 53 percent. It’s less clear what the impact could be on Turing, which is closely held.
  • Federal authorities will have to ask a judge to impose an asset freeze if they want to guarantee Shkreli doesn’t dispose of ill-gotten gains. The charges suggest that a small group of health-care firms—ones that acquire the rights to drugs and significantly increase their prices—is drawing the scrutiny of regulators and prosecutors, with a possible chilling effect on aggressive drug-pricing strategies. Legislators are already paying attention. A hearing of the Senate Special Committee on Aging on Dec. 9 scrutinized such tactics. Before Shkreli started Turing, Retrophin raised the price of Thiola, used to treat a rare condition causing debilitating recurrences of kidney stones, from $1.50 a pill to $30. “Some of these companies seem to act more like hedge funds than traditional pharmaceutical companies,” said Senator Susan Collins, a Maine Republican who ran the recent hearing. George Scangos, CEO of biotechnology giant Biogen Inc., went further, saying in an interview, “Turing is to a research-based company like a loan shark is to a legitimate bank.”
  • Paul Merrell on 18 Dec 15
     
    Couldn't happen to a nicer guy.
Paul Merrell

Court Rules Feds Need Warrant to Access Drug Prescriptions Database | American Civil Li... - 0 views

www.aclu.org/...-feds-need-warrant-access-drug

surveillance state DEA prescriptions patient-records 4th Amendment warrant

shared by Paul Merrell on 14 Feb 14 - No Cached
  • In a significant win for the privacy rights of anyone who has ever gotten a drug prescription, a federal judge in Oregon ruled yesterday that the DEA needs a warrant to search confidential prescription records. Oregon, like 48 other states, has a Prescription Drug Monitoring Program (PDMP), which tracks patients’ prescriptions for medications used to treat a long list of sensitive medical conditions. Although Oregon law requires police to get a warrant from a judge before searching prescription records in the database, the DEA has been requesting records using administrative subpoenas, which do not involve judicial authorization or probable cause. After the State of Oregon sued the DEA over this practice, the ACLU and ACLU of Oregon joined the suit on behalf of four patients and a doctor in the state. Last month, we argued in court that the DEA is violating the Fourth Amendment by bypassing the Constitution’s warrant requirement when seeking private prescription records. Yesterday, the court agreed. The court’s ruling is the first time a judge has held that law enforcement must get a probable cause warrant to access confidential prescription records from a state database in a criminal investigation. The opinion is significant for several reasons.
  • First, the court soundly rejected the DEA’s extreme argument that people lose their Fourth Amendment privacy rights in their medical information when they engage in confidential discussions with their doctor and pharmacist about their illnesses and treatment decisions. The federal government had argued that the “third party doctrine” applied, comparing confidential prescription records to electricity consumption records, bank records, and other categories of information held by third-party companies, for which courts have said police don’t need a warrant. The judge batted this argument aside, explaining that prescription records are “more inherently personal or private than bank records, and are entitled to and treated with a heightened expectation of privacy.” As the court held: “Although there is not an absolute right to privacy in prescription information, as patients must expect that physicians, pharmacists, and other medical personnel can and must access their records, it is more than reasonable for patients to believe that law enforcement agencies will not have unfettered access to their records.” More importantly, this ruling fits into a series of recent opinions calling into question the continuing vitality of the third party doctrine in modern society. As Justice Sotomayor wrote in United States v. Jonestwo years ago, “it may be necessary to reconsider the premise that an individual has no reasonable expectation of privacy in information voluntarily disclosed to third parties. This approach is ill suited to the digital age, in which people reveal a great deal of information about themselves to third parties in the course of carrying out mundane tasks.” This sentiment was echoed by the federal judge who ruled last year that the NSA’s bulk telephone metadata program violates the Fourth Amendment. The Oregon case is another blow to the third party doctrine’s shaky foundation.
  • In addition, although yesterday’s ruling is only binding within Oregon, it will be persuasive precedent for courts evaluating law enforcement’s use of subpoenas to obtain private prescription records—and similar information—around the country. The case is a reminder to the DEA and other law enforcement agencies that they are not above the law, and that they must comply with the Fourth Amendment’s warrant requirement when seeking sensitive information in criminal investigations. Finally, the case should add momentum to a movement within state legislatures to amend PDMP statutes to require police to get a warrant for prescription records. Ten states currently require a warrant as a matter of state law (Rhode Island was the most recent state to add this requirement, last year). The Pennsylvania House has passed legislation creating a warrant requirement for that state’s PDMP, and is waiting for the state senate to act. The Florida legislature may update the privacy protections for its PDMP this year. Action by state legislatures will send a strong message to the DEA that it should be getting warrants everywhere, not just in Oregon.
  • Paul Merrell on 14 Feb 14
     
    A case to watch as it wends it way through the appellate process. A very big win for the ACLU, with major implications for federal intelligence gathering in general. 
Paul Merrell

Feds operated yet another secret metadata database until 2013 | Ars Technica - 0 views

arstechnica.com/...t-metadata-database-until-2013

surveillance state DEA phone-metadata litigation

shared by Paul Merrell on 18 Jan 15 - No Cached
  • In a new court filing, the Department of Justice revealed that it kept a secret database of telephone metadata—with one party in the United States and another abroad—that ended in 2013. The three-page partially-redacted affidavit from a top Drug Enforcement Agency (DEA) official, which was filed Thursday, explained that the database was authorized under a particular federal drug trafficking statute. The law allows the government to use "administrative subpoenas" to obtain business records and other "tangible things." The affidavit does not specify which countries records were included, but specifically does mention Iran. This database program appears to be wholly separate from the National Security Agency’s metadata program revealed by Edward Snowden, but it targets similar materials and is collected by a different agency. The Wall Street Journal, citing anonymous sources, reported Friday that this newly-revealed program began in the 1990s and was shut down in August 2013.
  • The criminal case involves an Iranian-American man named Shantia Hassanshahi, who is accused of violating the American trade embargo against Iran. His lawyer, Mir Saied Kashani, told Ars that the government has clearly abused its authority. "They’ve converted this from a war on drugs to a war on privacy," he said. "[Hassanshahi] is not accused of any drug crime but they used this drug enforcement information to gather information against him, that's contrary to the law, and we will revisit that. We will bring motions in the court and we will appeal if necessary." Neither the DEA nor the Department of Justice immediately responded to Ars' query as to whether this program is continuing under a different authority.
  • The story begins in 2011, when a Department of Homeland Security (DHS) agent received a tip about someone who might be in violation of American sanctions against Iran. The source provided an e-mail from an Iranian businessman, Manoucher Sheiki, who was involved in acquiring power grid equipment. A second Homeland Security agent, Joshua Akronowitz, wrote in a 2013 affidavit that he searched Sheiki’s Iranian phone number in this database, but declined to explain exactly what kind of database it was. Akronowitz found that the Iranian number came up exactly one time in the database, and was linked to an 818 number, based in Los Angeles County. That number turned out to be the Google Voice number of Hassanshahi. DHS then subpoenaed Google, and got Hassanshahi’s call log and later, metadata on his Gmail account. By early 2012, the agency found out that he was set to return to Los Angeles from Iran. At LAX Airport, customs agents seized his phone, laptop, thumb drives, camcorder, and SIM cards and sent them to Homeland Security. Last year, Kashani, Hassanshahi’s lawyer, argued that this evidence should be suppressed on account that it was the "fruit of the poisonous tree"—obtained via illicit means. In support of his arguments, Kashani cited an important ongoing NSA-related lawsuit, Klayman v. Obama, which remains the only instance where a judge has order the NSA metadata program to be shut down—that order was stayed pending an appeal. (Earlier this month, Ars explored Klayman and other pending notable surveillance cases.)
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  • In a December 2014 opinion in the Hassanshahi case, US District Judge Rudolph Contreras allowed the evidence, but also required that the government provide a "declaration summarizing the contours of the law enforcement database used by Homeland Security Investigations to discover Hassanshahi’s phone number, including any limitations on how and when the database may be used." To comply with the judge’s order, Robert Patterson, the assistant special agent in charge of the DEA, wrote in the Thursday filing: As noted, this database was a federal law enforcement database. It could be used to query a telephone number where federal law enforcement officials had a reasonable articulable suspicion that the telephone number at issue was related to an ongoing federal criminal investigation. The Iranian number was determined to meet this standard based on specific information indicating that the Iranian number was being used for the purpose of importing technological goods to Iran in violation of United States law. Previously, the government had not revealed exactly how it began its investigation of Hassanshahi, and only referred cryptically to "[DHS]-accessible law enforcement databases," in Akronowitz’ 2013 and  2014 affidavits.
  • Similarly, other privacy-minded legal experts questioned the government’s tactics in this new revelation. "We just don’t know about the scope of these things, and that’s what’s disturbing," Andrew Crocker, a legal fellow at the Electronic Frontier Foundation, told Ars. His colleague, Hanni Fakhoury, an EFF attorney who used to be a federal public defender, added that he was "not surprised." "Bulk surveillance technologies and the dangerous legal theories that are used to support them trickle down, and here's a prime example of that," he wrote by e-mail. "The DEA's mandate is of course important but not at the level of national security where as you know there are serious legal questions about the propriety of this collection of phone metadata. And if the DEA has a program like this, it wouldn't surprise me if other agencies do too for other sorts of records the government has claimed it can collect with a subpoena (like bank records)."
  • Patrick Toomey, an attorney with the American Civil Liberties Union, chimed in to say that this indeed was a clear example of government overreach. "This disclosure underscores how the government has expanded its use of bulk collection far beyond the NSA and the national-security context, to rely on mass surveillance in ordinary criminal investigations," he said by e-mail. "It’s now clear that multiple government agencies have tracked the calls that Americans make to their parents and relatives, friends, and business associates overseas, all without any suspicion of wrongdoing," Toomey continued. "The DEA program shows yet again how strained and untenable legal theories have been used to secretly justify the surveillance of millions of innocent Americans using laws that were never written for that purpose."
  • Paul Merrell on 18 Jan 15
     
    The authorizing statute clearly limits the scope of the administrative subpoena authority to drug related criminal investigations. "In any investigation relating to his functions under this subchapter with respect to controlled substances, listed chemicals, tableting machines, or encapsulating machines, the Attorney General may subpena witnesses, compel the attendance and testimony of witnesses, and require the production of any records (including books, papers, documents, and other tangible things which constitute or contain evidence) which the Attorney General finds relevant or material to the investigation."
Gary Edwards

Obama Playing America For a Fool on Second Amendment | Tea Party - 0 views

www.teaparty.org/fool-on-second-amendment-18901

Jerome-Corsi Executive-Orders Guns Gun-Control second-amendment

shared by Gary Edwards on 22 Jan 13 - No Cached
  • Gary Edwards on 22 Jan 13
     
    "In pursing this political agenda, Obama will certainly neglect credible and important research demonstrating the psycho-active drugs being prescribed wholesale by psychiatrists in the nation's public schools cause suicidal tendencies and violent behavior by the underage children who are forced to take these drugs. Writing in Ethical Human Sciences and Services, a peer-reviewed scholarly journal, in 2003, Dr. Peter R. Breggin, a Harvard-trained psychiatrist and former full-time consultant at the National Institute of Mental Health, concluded SSRI drugs (Selective Serotonin Re-uptake Inhibitors) could relate in suicide, violence, and other forms of extreme abnormal behavior, as evidenced in case reports, controlled clinical trials, and epidemiological studies in children and adults. Readers are invited to examine a long list of school-related violent incidents that are fully documented to be related to psychoactive medications that psychiatrists and other medical doctors have prescribed for children in schools. The evidence that Dr. Breggin is right is overwhelming, even though the scientific research proving drugs cause violence is completely ignored in the politically motivated gun law debate the White House is pushing on the American people. Obama and the Democrats will never consider that school shooters themselves are the victims of teacher union-imposed social control measures that depend on dispensing these drugs without any appreciation of the risk." ................ Incredible list of psychoactive medications responsible for violent shootings and mass murder:   http://ssristories.com/index.php
Paul Merrell

NSA Data Will Soon Be Used By Domestic Law Enforcement - 0 views

www.mintpressnews.com/...214734

surveillance state NSA raw-data-sharing

shared by Paul Merrell on 24 Mar 16 - No Cached
  • If you’re reading this, then I’m willing to bet that you’ve been called many different names throughout your life. If I were to hazard a guess, I would say they were names like kook, paranoid, conspiracy theorist, alarmist, insane, or gullible. And after this week, you can go by a new name: Vindicated. I’m of course talking about recent revelations from the NSA. Long before Edward Snowden came along, it was no secret that the NSA was spying on everyone without good cause. Anyone who believed that fact was called a conspiracy theorist, but their fears were eventually validated. These same people also understood that the NSA’s surveillance powers would never be used exclusively against terrorists and hostile governments. The power they have is just too tempting for any government. If various government agencies weren’t using the NSA’s surveillance apparatus to solve domestic crimes, it was only a matter of time before it was used for just that.
  • And again, they called us conspiracy theorists for believing that. And again, we were right all long. A while back, we noted a report showing that the “sneak-and-peek” provision of the Patriot Act that was alleged to be used only in national security and terrorism investigations has overwhelmingly been used in narcotics cases. Now the New York Times reports that National Security Agency data will be shared with other intelligence agencies like the FBI without first applying any screens for privacy. The ACLU of Massachusetts blog Privacy SOS explains why this is important: What does this rule change mean for you? In short, domestic law enforcement officials now have access to huge troves of American communications, obtained without warrants, that they can use to put people in cages. FBI agents don’t need to have any “national security” related reason to plug your name, email address, phone number, or other “selector” into the NSA’s gargantuan data trove. They can simply poke around in your private information in the course of totally routine investigations. And if they find something that suggests, say, involvement in illegal drug activity, they can send that information to local or state police. That means information the NSA collects for purposes of so-called “national security” will be used by police to lock up ordinary Americans for routine crimes.
  • Anybody who knows anything about how governments work, should not surprised. You can’t give them any kind of power, and expect them to use it responsibly. You can’t give them any stipulations. Eventually they’ll find a legal loophole to work around any limitations that have been placed on them. In other news, the Pentagon admitted this week that they’ve been deploying military drones over the United States for domestic surveillance purposes. Much like the NSA’s surveillance apparatus, we were assured that drones were for terrorists in faraway lands. Nothing so Orwellian would ever be used against ordinary American citizens at home. Yet here we are, with more to come.
  • Paul Merrell on 24 Mar 16
     
    The Privacy Act, 5 U.S.C. 552a, provides in relevant part: "(a)(4) the term "record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph[.] ... "(b) Conditions of Disclosure.-No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, unless disclosure of the record would be- ... "(7) to another agency or to an instrumentality of any governmental jurisdiction within or under the control of the United States for a civil or criminal law enforcement activity if the activity is authorized by law, and if the head of the agency or instrumentality has made a written request to the agency which maintains the record specifying the particular portion desired and the law enforcement activity for which the record is sought[.]" So a separate written request for each "portion" of any individual record that describes the "law enforcement activity for which the record is sought[.]" That doesn't sound like the contemplated unfettered access to bulk raw data. And it gets even better, with a right to sue for any violation, attorney fees and expenses, and a statutory minimum of $1,000 damages per violation just for winning the case.  
Paul Merrell

'War' on illegal drugs is failing: study | Fox News - 0 views

www.foxnews.com/...illegal-drugs-is-failing-study

war-on-drugs prohibition

shared by Paul Merrell on 04 Oct 13 - No Cached
  • The global war on heroin, cocaine and cannabis is failing to stem supply, as prices of these drugs have tumbled while seizures of them have risen, according to a study published Monday.Researchers analysed data from seven government-funded programmes that tracked the illegal drug market over more than a decade.
  • The prices of heroin, cocaine and cannabis tumbled by 81 percent, 80 percent and 86 percent respectively between 1990 and 2007 in the United States when adjusted for inflation, the researchers found.Over the same period, the average purity of these drugs rose by 60 percent, 11 percent and 161 percent respectively.
  • "With few exceptions... illegal drug prices have generally decreased while drug purity has generally increased since 1990," they added.The global supply of illicit drugs had likely not been reduced in the last two decades, the study said, and the availability of cannabis and opiates like heroin may even have increased."These findings suggest that expanding efforts at controlling the global illegal drug market though law enforcement are failing," said the paper published in the open-access journal BMJ Open.
Paul Merrell

Secret Docs Reveal Dubious Details of Targeted Killings in Afghanistan - SPIEGEL ONLINE - 0 views

www.spiegel.de/...-in-afghanistan-a-1010358.html

war & peace drone attacks Afghanistan Pakistan leaked-docs

shared by Paul Merrell on 29 Dec 14 - No Cached
  • Combat operations in Afghanistan may be coming to an end, but a look at secret NATO documents reveals that the US and the UK were far less scrupulous in choosing targets for killing than previously believed. Drug dealers were also on the lists.
  • The child and his father are two of the many victims of the dirty secret operations that NATO conducted for years in Afghanistan. Their fate is described in secret documents to which SPIEGEL was given access. Some of the documents concerning the International Security Assistance Force (ISAF) and the NSA and GCHQ intelligence services are from the archive of whistleblower Edward Snowden. Included is the first known complete list of the Western alliance's "targeted killings" in Afghanistan. The documents show that the deadly missions were not just viewed as a last resort to prevent attacks, but were in fact part of everyday life in the guerilla war in Afghanistan. The list, which included up to 750 people at times, proves for the first time that NATO didn't just target the Taliban leadership, but also eliminated mid- and lower-level members of the group on a large scale. Some Afghans were only on the list because, as drug dealers, they were allegedly supporting the insurgents.
  • Different rules apply in war than in fighting crime in times of peace. But for years the West tied its campaign in Afghanistan to the promise that it was fighting for different values there. A democracy that kills its enemies on the basis of nothing but suspicion squanders its claim to moral superiority, making itself complicit instead. This lesson from Afghanistan also applies to the conflicts in Syria, Iraq, Pakistan and Yemen. The material SPIEGEL was able to review is from 2009 to 2011, and falls within the term of US President Barack Obama, who was inaugurated in January 2009. For Obama, Afghanistan was the "good" war and therefore legitimate -- in contrast to the Iraq war. The president wanted to end the engagement in Iraq as quickly as possible, but in Afghanistan his aim was to win.
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  • After Obama assumed office, the US government opted for a new strategy. In June 2009, then Defense Secretary Robert Gates installed Stanley McChrystal, a four-star general who had served in Iraq, as commander of US forces in Afghanistan. McChrystal promoted the aggressive pursuit of the Taliban. Obama sent 33,000 additional troops to Afghanistan, but their deployment was tied to a demand that military officials provide a binding date for the withdrawal of US forces. At the same time, the president distanced himself from the grand objectives the West had proclaimed when it first marched into Kabul. The United States would not try to make Afghanistan "a perfect place," said Obama. Its new main objective was to fight the insurgency.
  • This marked the beginning of one of the bloodiest phases of the war. Some 2,412 civilians died in Afghanistan in 2009. Two-thirds of them were killed by insurgents and 25 percent by NATO troops and Afghan security forces. The number of operations against the Taliban rose sharply, to between 10 and 15 a night. The operations were based on the lists maintained by the CIA and NATO -- Obama's lists. The White House dubbed the strategy "escalate and exit." McChrystal's successor, General David Petraeus, documented the strategy in "Field Manual 3-24" on fighting insurgencies, which remains a standard work today. Petraeus outlined three stages in fighting guerilla organizations like the Taliban. The first was a cleansing phase, in which the enemy leadership is weakened. After that, local forces were to regain control of the captured areas. The third phase was focused on reconstruction. Behind closed doors, Petraeus and his staff explained exactly what was meant by "cleansing." German politicians recall something that Michael T. Flynn, the head of ISAF intelligence in Afghanistan, once said during a briefing: "The only good Talib is a dead Talib."
  • Under Petraeus, a merciless campaign began to hunt down the so-called shadow governors and local supporters aligned with the Islamists. For the Americans, the fact that the operations often ended in killings was seen as a success. In August 2010, Petraeus proudly told diplomats in Kabul that he had noticed a shifting trend. The figures he presented as evidence made some of the ambassadors feel uneasy. At least 365 insurgent commanders, Petraeus explained, had been neutralized in the last three months, for an average of about four killings a day. The existence of documents relating to the so-called Joint Prioritized Effects List (JPEL) has only been described in vague terms until now. The missions by US special units are mentioned but not discussed in detail in the US Army Afghanistan war logs published by WikiLeaks in 2010, together with the New York Times, the Guardian and SPIEGEL. The documents that have now become accessible provide, for the first time, a systematic view of the targeted killings. They outline the criteria used to determine who was placed on the list and why.
  • According to the NSA document, in October 2008 the NATO defense ministers made the momentous decision that drug networks would now be "legitimate targets" for ISAF troops. "Narcotics traffickers were added to the Joint Prioritized Effects List (JPEL) list for the first time," the report reads. In the opinion of American commanders like Bantz John Craddock, there was no need to prove that drug money was being funneled to the Taliban to declare farmers, couriers and dealers as legitimate targets of NATO strikes.
  • The document also reveals how vague the basis for deadly operations apparently was. In the voice recognition procedure, it was sufficient if a suspect identified himself by name once during the monitored conversation. Within the next 24 hours, this voice recognition was treated as "positive target identification" and, therefore, as legitimate grounds for an airstrike. This greatly increased the risk of civilian casualties. Probably one of the most controversial decisions by NATO in Afghanistan is the expansion of these operations to include drug dealers. According to an NSA document, the United Nations estimated that the Taliban was earning $300 million a year through the drug trade. The insurgents, the document continues, "could not be defeated without disrupting the drug trade."
  • When an operation could potentially result in civilian casualties, ISAF headquarters in Kabul had to be involved. "The rule of thumb was that when there was estimated collateral damage of up to 10 civilians, the ISAF commander in Kabul was to decide whether the risk was justifiable," says an ISAF officer who worked with the lists for years. If more potential civilian casualties were anticipated, the decision was left up to the relevant NATO headquarters office. Bodyguards, drivers and male attendants were viewed as enemy combatants, whether or not they actually were. Only women, children and the elderly were treated as civilians. Even officers who were involved in the program admit that these guidelines were cynical. If a Taliban fighter was repeatedly involved in deadly attacks, a "weighing of interests" was performed. The military officials would then calculate how many human lives could be saved by the "kill," and how many civilians would potentially be killed in an airstrike.
  • In early 2009, Craddock, NATO's Supreme Allied Commander for Europe at the time, issued an order to expand the targeted killings of Taliban officials to drug producers. This led to heated discussions within NATO. German NATO General Egon Ramms declared the order "illegal" and a violation of international law. The power struggle within NATO finally led to a modification of Craddock's directive: Targets related to the drug production at least had to be investigated as individual cases. The top-secret dossier could be highly damaging to the German government. For years, German authorities have turned over the mobile phone numbers of German extremists in Afghanistan to the United States. At the same time, the German officials claimed that homing in on mobile phone signals was far too imprecise for targeted killings. This is apparently an untenable argument. According to the 2010 document, both Eurofighters and drones had "the ability to geolocate a known GSM handset." In other words, active mobile phones could serve as tracking devices for the special units.
  • The classified documents could now have legal repercussions. The human rights organization Reprieve is weighing legal action against the British government. Reprieve believes it is especially relevant that the lists include Pakistanis who were located in Pakistan. "The British government has repeatedly stated that it is not pursuing targets in Pakistan and not doing air strikes on Pakistani territory," says Reprieve attorney Jennifer Gibson. The documents, she notes, also show that the "war on terror" was virtually conflated with the "war on drugs." "This is both new and extremely legally troubling," says Gibson.
  • A 2009 CIA study that addresses targeted killings of senior enemy officials worldwide reaches a bitter conclusion. Because of the Taliban's centralized but flexible leadership, as well as its egalitarian tribal structures, the targeted killings were only moderately successful in Afghanistan. "Morover, the Taliban has a high overall ability to replace lost leaders," the study finds.
Gary Edwards

REVEALING QUOTES ON THE GOALS OF PSYCHIATRY AND PSYCHOLOGY - 0 views

www.psychquotes.com

psychquotes psychiatry psychiatric

shared by Gary Edwards on 29 Aug 13 - No Cached
  • Psychiatry's Views on Conservatives "In August 2003, the National Institute of Mental Health (NIMH) and the National Science Foundation (NSF) announced the results of their $1.2 million taxpayer-funded study. It stated, essentially, that traditionalists are mentally disturbed. Scholars from the Universities of Maryland, California at Berkeley, and Stanford had determined that social conservatives, in particular, suffer from ‘mental rigidity,’ ‘dogmatism,’ and ‘uncertainty avoidance,’ together with associated indicators for mental illness."
  • Psychiatry's Views on Education "Every child in America entering school at the age of five is insane because he comes to school with certain allegiances to our founding fathers, toward our elected officials, toward his parents, toward a belief in a supernatural being, and toward the sovereignty of this nation as a separate entity. It’s up to you as teachers to make all these sick children well – by creating the international child of the future"
  • Teaching school children to read was a "perversion" and high literacy rate bred "the sustaining force behind individualism."
  • ...59 more annotations...
  • You see, one of the effects of self-esteem (Values Clarification) programs is that you are no longer obliged to tell the truth if you don’t feel like it. You don’t have to tell the truth because if the truth you have to tell is about your own failure then your self-esteem will go down and that is unthinkable."
  • The social psychologist of the future will have a number of classes of school children on whom they will try different methods of producing an unshakable conviction that snow is black. Various results will soon be arrived at: first, that influences of the home are 'obstructive' and verses set to music and repeatedly intoned are very effective ..
  • When the technique has been perfected, every government that has been in charge of education for more than one generation will be able to control its subjects securely without the need of armies or policemen."
  • "…through schools of the world we shall disseminate a new conception of government – one that will embrace all of the collective activities of men; one that will postulate the need for scientific control and operation of economic activities in the interests of all people."
  • "Education does not mean teaching people to know what they do not know – it means teaching them to behave as they do not behave." 
  • "This is the idea where we drop subject matter and we drop Carnegie Unites (grading from A-F) and we just let students find their way, keeping them in school until they manifest the politically correct attitudes.
  • "I regard myself as one of the most dangerous enemies of religion" Sigmund Freud
  • "Education is thus a most power ally of humanism, and every public school is a school of humanism. What can the theistic Sunday school, meeting for an hour once a week, and teaching only a fraction of the children, do to stem the tide of a five-day program of humanistic teachings?"
  • "Despite rapid progress in the right direction, the program of the average elementary school has been primarily devoted to teaching the fundamental subjects, the three R’s, and closely related disciplines… Artificial exercises, like drills on phonetics, multiplication tables, and formal writing movements, are used to a wasteful degree. Subjects such as arithmetic, language, and history include content that is intrinsically of little value. Nearly every subject is enlarged unwisely to satisfy the academic ideal of thoroughness… Elimination of the unessential by scientific study, then, is one step in improving the curriculum."
  • "We can therefore justifiably stress our particular point of view with regard to the proper development of the human psyche, even though our knowledge be incomplete. We must aim to make it permeate every educational activity in our national life…. We have made a useful attack upon a number of professions. The two easiest of them naturally are the teaching profession and the Church: the two most difficult are law and medicine."
  • "...a student attains 'higher order thinking' when he no longer believes in right or wrong"
  • "A large part of what we call good teaching is a teacher´s ability to obtain affective objectives by challenging the student's fixed beliefs.  …a large part of what we call teaching is that the teacher should be able to use education to reorganize a child's thoughts, attitudes, and feelings."  
  • "Education should aim at destroying free will so that after pupils are thus schooled they will be incapable throughout the rest of their lives of thinking or acting otherwise than as their school masters would have wished
  • Psychiatry's Views on Religion "Religion (is) a universal obsessional neurosis." Sigmund Freud, defining spiritual belief
  • "The educational system should be a sieve, through which all the children of a country are passed. It is highly desirable that no child escape inspection."
  • "The soul or consciousness, which played the leading part in the past, now is of very little importance; in any case both are deprived of their main functions and glory to such an extent that only the names remain. Behaviorism sang their funeral dirge while materialism – the smiling heir – arranges a suitable funeral for them.
  • "…humanists still believe that traditional theism, especially faith in the prayer-hearing God, assumed to love and care for persons, to hear and understand their prayers, and to be able to do something about them, is an unproved and outmoded faith." "
  • "We can therefore justifiably stress our particular point of view with regard to the proper development of the human psyche, even though our knowledge be incomplete. We must aim to make it permeate every educational activity in our national life…. We have made a useful attack upon a number of professions. The two easiest of them naturally are the teaching profession and the Church: the two most difficult are law and medicine."
  • We shall not solve the problems of alcoholism and juvenile delinquency by increasing a sense of responsibility. It is the environment which is 'responsible' for the objectionable behavior, and it is the environment, not some attribute of the individual, which must be changed.
  • Psychiatry's Views on Creating a Slave Society "We can choose to use our growing knowledge to enslave people in ways never dreamed of before, depersonalizing them, controlling them by means so carefully selected that they will perhaps never be aware of their loss of personhood."
  • Teaching school children to read was a "perversion" and high literacy rate bred "the sustaining force behind individualism."
  • "It will of course, be understood that directly or indirectly, soon or late, every advance in the sciences of human nature will contribute to our success in controlling human nature and changing it to the advantage of the common wheel." Edward Thorndike, Key Psychology Theorist, member of the "Eugenics Committee of the USA"
  • "We need a program of psychosurgery for political control of our society. The purpose is physical control of the mind. Everyone who deviates from the given norm can be surgically mutilated.
  • The individual may think that the most important reality is his own existence, but this is only his personal point of view. . . Man does not have the right to develop his own mind. . . . We must electronically control the brain. Someday armies and generals will be controlled by electronic stimulation of the brain." 
  • "Education should aim at destroying free will so that after pupils are thus schooled they will be incapable throughout the rest of their lives of thinking or acting otherwise than as their school masters would have wished
  • "One of the least understood strategies of the world revolution now moving rapidly toward its goal is the use of mind control as a major means of obtaining the consent of the people who will be subjects of the New World Order."
  • "Those of us who work in this field see a developing potential for nearly a total control of human emotional status, mental functioning, and will to act. These human phenomena can be started, stopped or eliminated by the use of various types of chemical substances. What we can produce with our science now will affect the entire society." A "utopia" could be found – providing "a sense of stability and certainty, whether realistic or not."
  • "To achieve world government, it is necessary to remove from the minds of men their individualism, loyalty to family traditions, national patriotism and religious dogmas..."
  • Some packages even include instructions on how to deal with parents and others who object. Stripping away psychological defenses can be done through assignments to keep diaries to be discussed in group sessions, and through role-playing assignments, both techniques used in the original brainwashing programs in China under Mao. Thomas Sowell, writing in Forbes, 1991
  • "The State is the absolute reality and the individual himself has objective existence, truth and morality only in his capacity as a member of the State." Hegel (who influenced Karl Marx)
  • Psychiatry's Views on America "America is a mistake, admittedly a gigantic mistake, but a mistake nevertheless." Sigmund Freud America is the most grandiose experiment the world has seen, but, I am afraid, it is not going to be a success. Sigmund Freud
  • "To achieve world government, it is necessary to remove from the minds of men their individualism, loyalty to family traditions, national patriotism and religious dogmas...
  • "One of the least understood strategies of the world revolution now moving rapidly toward its goal is the use of mind control as a major means of obtaining the consent of the people who will be subjects of the New World Order."
  • Freud on Marxism "The strength of Marxism obviously does not lie in its view of history or in the prophecies about the future which it bases upon that view, but in its clear insight into the determining influence which is exerted by the economic conditions of man upon his intellectual, ethical and artistic reactions." Sigmund Freud
  • Basically, all that is necessary to revoke all the constitutional rights of any citizen is to accuse him of being mentally-ill."
  • John A. Stormer, "None Dare Call it Treason"
  • "Old conventions, customs and values… to be challenged… The aim should be to control not only nature, but human nature." He recommended two slogans for "spreading world-wide the gospel of mental hygiene": "To learn to think internationally" and "The necessity to disarm the mind." Dr. J.R. Lord, psychiatrist
  • "Public life, politics and industry should all of them be within our sphere of influence…. If we are to infiltrate the professional and social activities of other people I think we must imitate the Totalitarians and organize some kind of fifth column activity!  If better ideas on mental health are to progress and spread we, as the salesmen, must lose our identity… Let us all, therefore, very secretly be ‘fifth columnists.’"
  • The techniques of brainwashing developed in totalitarian countries are routinely used in psychological conditioning programs imposed on school children.
  • These include emotional shock and desensitization, psychological isolation from sources of support, stripping away defenses, manipulative cross-examination of the individual’s underlying moral values by psychological rather than rational means. These techniques are not confined to separate courses or programs...they are not isolated idiosyncracies of particular teachers. They are products of numerous books and other educational materials in programs packaged by organizations that sell such curricula to administrators and teach the techniques to teachers.
  • "If all else fails, punishable behavior may be made less likely by changing physiological conditions. Hormones may be used to change sexual behavior, surgery (as in lobotomy) to control violence, tranquilizers to control aggression, and appetite depressants to control overeating." Harvard psychologist B.F. Skinner in "Beyond Freedom and Dignity"
  • We must learn to recognize them for what they are - possessors of no special knowledge of the human psyche, who have, nonetheless, chosen to earn their living from the dissemination of the myth that they do indeed know how the mind works". Psychiatrist Garth Wood, M.D., in "The Myth of Neurosis", 1986
  • These terms indicate only approval or disapproval of some aspect of a person's mentality (thinking, emotions, or behavior). Psychiatrist E. Fuller Torrey, in "The Death of Psychiatry", 1974
  • "The very term ['mental disease'] is nonsensical, a semantic mistake. The two words cannot go together except metaphorically; you can no more have a mental 'disease' than you can have a purple idea or a wise space". Similarly, there can no more be a "mental illness" than there can be a "moral illness." The words "mental" and "illness" do not go together logically. Mental "illness" does not exist, and neither does mental "health."
  • By calling the harmless 'insane', (who statistics prove to be no more violence-prone than the average citizen, unless hopelessly deranged by damaging psychiatric 'treatment'), dangerous and justifying their own existence by the 'need' to deal with that inflated 'danger', the mad-doctors themselves pose the greatest threat to liberty, property and democracy in our times."
  • Citizens for Higher Ethical Standards in Medicine
  • "Mental illness is often used as an ad homonym to discredit the individual. This has been a common use of psychiatric diagnosis in psychiatry in Russia. " ... there are two main groups [of schizophrenia patients] ... 1) people admitted to the mental hospital long before they had been political dissenters ... 2. others who ... have put forward complex social and economic theories as alternatives to orthodox Marxism..."  Wing, cited in "Pseudoscience in Psychology", by Dr. Szasz, p. 126
  • "It is no measure of health to be well adjusted to a profoundly sick society.." J. Krishnamurti
  • "...the subject which will be of most importance politically is Mass Psychology.... The populace will not be allowed to know how its convictions were generated. When the technique has been perfected, every government that has been in charge of education for a generation will be able to control its subjects securely without the need of armies or policemen. As yet there is only one country which has succeeded in creating this politician’s paradise."   The Impact of Science on Society by Bertrand Russell
  • "A Trojan horse full of dangerous psycho-fantasies has been professionally prepared for us by Christian psychiatrists and psychologists...  At the base, such therapies stand upon dogma, not scientific observations, and the dogma is the odious one of Freud and his followers who were some of the century's most anti-Christ teachers.  No amount of well-intentioned refinement of deadly doctrines will make them clean for Christians." Dr. Hilton P. Terrell, M.D
  • "Contrary to the popular public conception, this happenstance is NOT a form of health care, but the result of a fraudulent system being granted police powers by the State.
  • "Psychotherapy may be known in the future as the greatest hoax of the twentieth century."
  • "Nearly half a century has passed since Watson proclaimed his manifesto. Today, apart from a few minor reservations, the vast majority of psychologists, both in this country and in America, still follow his lead. The result, as a cynical onlooker might be tempted to say, is that psychology, having first bargained away its soul and then gone out of its mind, seems now, as it faces an untimely end, to have lost all consciousness." 
  • "Advocates of psychiatric drugs often claim that the medications improve learning and the ability to benefit from psychotherapy, but the contrary is true.  There are no drugs that improve mental function, self-understanding, or human relations.  Any drug that affects mental processes does so by impairing them."
  • "In the 14-year period between 1950 and 1964, more American deaths occurred in state and county mental institutions than in all of the nation's armed conflicts beginning with the Revolutionary War and ending with the Persian Gulf War.  Between 1965 and 1990, the total number of mental-hospital inpatient deaths exceeded the number of battle deaths in the same wars by 70 percent.  Inpatient deaths topped out at 1,103,000 during this 25-year period, compared with 650,563 recorded deaths in battles."
  • Kelly Patricia O’Meara: "The Forgotten Dead of St. Elizabeth's", Insight Magazine, June 16, 2001
  • "The similarities between street drug abuse and psychotropic prescription drug use are disturbing. Both types are toxic. Both can cause psychosis, damage the brain and other organs, and even cause death. And neither type of mind-altering drugs, legal or illegal, treats disease. It's important to recognize that the only significant difference between many prescription psychotropic drugs and street drugs such as "speed" and "downers" is that prescription drugs are legal."
  • Neuro-psychiatrist Sydney Walker in "Dose of Sanity"
  • "Clearly this business of treating minds, particularly this big business of treating young minds, has not policed itself, and has no incentive to put a stop to the kinds of fraudulent and unethical practices that are going on."
Paul Merrell

Federal Bureau of Investigation - Cincinnati [...] (via noodls) / Former Columbus Polic... - 0 views

www.noodls.com/...6703A98D66746DB406005D5AAA6649

police-militarization 1033-program DoD

shared by Paul Merrell on 01 Sep 14 - No Cached
  • COLUMBUS, OH-Former Columbus Police Officer Steven Edward Dean, 49, of Columbus, was sentenced in U.S. District Court to 30 months in prison for misappropriating and selling heavy equipment and other property the Columbus Division of Police received through a Department of Defense surplus program. Carter M. Stewart, U.S. Attorney for the Southern District of Ohio; Kevin Cornelius, Special Agent in Charge, Federal Bureau of Investigation (FBI); Brian Reihms, Special Agent in Charge, Defense Criminal Investigative Service (DCIS); and Columbus Police Chief Kim Jacobs announced the sentence handed down today by U.S. District Judge Michael H. Watson. According to court documents, an investigation by the Columbus Division of Police, the FBI and DCIS concluded that between October 1, 2005 and June 1, 2012, Dean diverted property with a fair market value of $251,570.94 the police department had received from the Defense Reutilization Marketing Office (DRMO) program. The embezzled items included $133,554.59 of heavy equipment, construction equipment, and vehicles; restaurant equipment; $94,163.25 of materials sold for scrap; and $16,353.15 worth of items, including diesel generators, sold to private persons. This conclusion was based on records obtained from the U.S. Department of Defense DRMO program, the state of Ohio offices involved with the DRMO program, scrapyard receipts, Craigslist online point-of-sale website records, restaurant supply records of sold equipment, and by viewing the items of property themselves.
  • Federal Bureau of Investigation - Cincinnati Field Office 08/13/2014 | Press release Former Columbus Police Officer Sentenced for Embezzling from Defense Department Surplus Program
  • "This is a major theft and embezzlement case involving a uniformed police officer stealing from his own department and involving property which should have otherwise been used to assist law enforcement, and all the equipment and vehicles were originally purchased with taxpayer dollars," Assistant U.S. Attorneys Doug Squires and Deborah Solove told the court prior to sentencing. "Today's sentencing demonstrates the Defense Criminal Investigative Service's ongoing commitment to combating fraud and corruption that impacts the Department of Defense's vital programs and operations," said Brian Reihms, Special Agent in Charge, Defense Criminal Investigative Service (DCIS), "DCIS, with our partner agencies, will continue to work tirelessly to investigate fraud involving the DoD's DRMO Law Enforcement Support Office which transfers excess property to law enforcement organizations across the United States." Dean pleaded guilty in February to one count of embezzlement from a program receiving federal funds and one count of theft of public property. Under terms of the plea agreement, Dean will forfeit $251,570.94 less the value of the recovered equipment. Dean was also sentenced to three years of supervised released following inprisonment. U.S. Attorney Stewart commended the investigation by DCIS, the FBI, and CPD, as well as Assistant U.S. Attorneys Doug Squires and Deborah Solove, who prosecuted the case.
  • Paul Merrell on 01 Sep 14
     
    Thanks for keeping us safe, Officer Dean. Related: http://www.dispositionservices.dla.mil/leso/Pages/default.aspx (DoD section1033 law enforcement donation program) and http://www.law.cornell.edu/uscode/text/10/2576a ("Notwithstanding any other provision of law and subject to subsection (b), the Secretary of Defense may transfer to Federal and State agencies personal property of the Department of Defense, including small arms and ammunition, that the Secretary determines is- (A) suitable for use by the agencies in law enforcement activities, including counter-drug and counter-terrorism activities; and (B) excess to the needs of the Department of Defense.") 
Gary Edwards

The Sides Are Forming For The Coming Civil War. | Militia News - 1 views

www.militianews.com/rming-for-the-coming-civil-war

Obammunism financial-collapse financial-oligarchs banksters

shared by Gary Edwards on 29 Nov 13 - No Cached
  • America is in the choosing sides phase of the coming civil war. To use a college recruiting phrase, it is accurate to state that the letters of intent to join one side or another have mostly been signed and the commitments offered. However, there is one big uncommitted piece, but very soon the sides will be drawn.
  • The Chess Pieces of Civil War What is going on today in America all about choosing sides. There are clear lines being formed in the United States. The recruiting pool consists of the Department of Homeland Security, the American military, local law enforcement, the Russian troops pouring into the United States, the trickle of Chinese troops coming into the country through Hawaii and, of course, the poor, the middle class and elite. This is the recruiting pool which will form the chess pieces of the coming American Civil War. Even if all parties in this country wanted the country to continue, even in its present mortally wounded state, it would be foolish to believe that it could continue for much longer.
  • Before the cognitive dissonance crowd rears their ugly heads and accuses me of fear mongering, ask yourself what the elite did prior to the crash of the economy in 1929. For example, Joseph Kennedy took his money out of the stock market the day BEFORE it crashed. Vanderbilt, Rockefeller, Westinghouse, et al., all took their money out just prior to the crash, leaving the ignorant masses unaware of what was coming. Don’t make the same mistake.
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  • The net result of these staggering numbers can only end one way, and that is with a financial collapse, followed by a bank holiday, rioting in the streets and the full roll out of martial law. These financial numbers guarantee that the party cannot continue much longer. Since America, in her present form, cannot continue much longer without experiencing a cataclysmic shift, we would be wise to realize what resources are going to be the impetus for civil war. When you play the board game, Monopoly, the properties on Boardwalk are among the most coveted. It is no different in real life. The biggest prize of the coming conflict is real estate. Homes, office buildings and shopping malls are the most coveted prize. The MERS mortgage fraud continues unabated as millions of homes have been confiscated through mortgage fraud. When the dollar is worthless and is awaiting its replacement (e.g. the Amero or the Worldo), real estate will be more valuable than gold.
  • Other big game that is being hunted by both sides in the coming civil war will be bank accounts, which must be looted before the dormant computer digits we call money can be converted into hard assets. That is why my advice is, and has been, convert your cash into tangible assets which can enhance your survivability in the upcoming crash.
  • Also, your pensions, your 401K’s and your various entitlement programs are also at risk as evidenced by Secretary of Treasury Jack Lew’s “borrowing” from various Federal retirement accounts in order to increase the debt ceiling fight that will resurface in Congress, again, early next year.
  • Again, my advice is to convert your assets in tangible items which will aid in getting you through some very dark days coming up in the near future.
  • Barring a false flag event, US martial law will have a trigger event, which will lead to martial law, that will be financial and it will naturally occur as we are already on a collision course with destiny.
  • I have news for you, there are Federal officials in every town, city and county in America. If one violates HR 347, they will be immediately arrested and charged with a felony.
  • The NDAA constitutes another big fence being built around the people in which all due process will soon be gone. The NDAA will allow the administration the “legal” right to secretly remove any burgeoning leadership of citizen opposition forces.
  • The second provision which will allow this country to quickly transition to martial law is Executive Order (EO) 13603 which allows the President to take control over any resource, property and even human labor within the United States. This EO gives the President unlimited authority including the ability to initiate a civilian draft as well as a military draft.
  • In short, this spells the potential enslavement of the American people.
  • For those of you who still have your blinders on, research the NDAA and EO 13603 and then when you realize that I am correct in my interpretation, ask yourself one question; If the powers that be were not going to seize every important asset, then why would the government give itself the power to do just that?
  • And while you are at it, remember the Clean Water Act gives the EPA to control all private property as well as the precious resources of all water. And then of course, the FDA and the conflicts with local farmers is escalating.
  • And if this is not enough to convince the sheep of this country that the storm clouds are overhead, then take a look at HR 347 which outlaws protesting and takes away the First Amendment. This unconstitutional legislation makes it illegal to criticize the President and the government, as a whole, in the presence of Federal officials.
  • There are three paramount numbers that every American should be paying attention to and they are (1) national deficit ($17 trillion dollars), (2) the unfunded liabilities debt ($238 trillion dollars), and (3) the derivatives/futures debt (one quadrillion dollars which is 16 times the entire wealth of the planet.
  • I just saw the Hunger Games sequel, Catching Fire, and this is eerily similar to what I saw in the movies in that the people are being provoked to revolution.
  • in the TV show, Revolution, the most evil entity in the series is the re-emergence of the United States government and the heroes of the show are rebelling against the abuse.
  • It seems like everywhere we turn in the media, the people are being encouraged to rise up now and challenge authority. I am sure the establishment would rather confront a small group of dissidents and squelch the rebellion now, before the numbers can become significant and overwhelming to the establishment and this theme is being carried out in the media.
  • The final action will consist of gun confiscation and one side of the coming conflict is attempting to position themselves to do that in the near future and that would be the DHS, the Russians and the Chinese.
  • I cannot think of another legitimate reason which would describe why they are here.
  • Paul Merrell on 30 Nov 13
     
    While I'd be the first to agree that the degree of fiscal mismanagement of this nation's economy is beyond insane and have to admit that I see very little to admire in Barack Obama's presidency, the meme about Executive Order 13603 authorizing confiscation of any property and enslavement of the American public needs to be put to rest. See http://www.archives.gov/federal-register/executive-orders/2012.html#13603 E.O. 13603 is not much more than an updating of similar executive orders issued by prior presidents beginning with Dwight Eisenhower. In fact, in skimming it a few minutes ago, I didn't see anything drastically different from some of the prior related orders. E.g., it reflects that a bunch of agencies that were formerly either independent or under other departments are now under the newish Department of Homeland Security, whose Secretary now gets the authority formerly delegated to other department and agency heads. If blame must be cast, it belongs on the Congress that enacted the Defense Production Act of 1950, 50 U.S.C. 2061, et seq. The executive order does no more than obey that Act's instructions. For example there is a section authorizing pre-emption of manufacturing capacity of critical industries over any existing civilian contracts in the event of a national emergency, but that language is in the statute as well. But that power hasn't had much traction since Harry Truman tried to nationalize the steel industry to break a nationwide strike. The Supreme Court swatted down that effort as an abuse of a power that would be lawful in a true emergency, like another major. But even that semi-radical "survival" power is ameliorated by other provisions of the statute and the order that authorize loan guarantees for companies' construction and maintenance of critical productive capacity. Much of that has been implemented over the years as outright grants. So for example, many chemical manufacturing plants were built with Defense Production Act funds, with
Paul Merrell

15 Benefits of the War on Drugs » Counterpunch: Tells the Facts, Names the Names - 0 views

www.counterpunch.org/...5-benefits-of-the-war-on-drugs

war on drugs war & peace politics

shared by Paul Merrell on 11 Apr 13 - No Cached
  • With American drug use levels essentially the same as — and levels of drug-related violence either the same as or lower than — those in countries like the Netherlands with liberal drug laws, public support for the War on Drugs appears to be faltering. This was most recently evidenced in the victory of major drug decriminalization initiatives in Colorado and Washington. Some misguided commentators go so far as to say the Drug War is “a failure.” Here, to set the record straight, are fifteen ways in which it is a resounding success:
Paul Merrell

The American Deep State, Deep Events, and Off-the-Books Financing | Global Research - 0 views

www.globalresearch.ca/...5376904

banksters CIA 9-11 arms-deals opium congtinuity-of-government

shared by Paul Merrell on 07 Apr 14 - No Cached
  • It is alleged that some of the bail money that released Sturgis and the other Watergate burglars was drug money from the CIA asset turned drug trafficker, Manuel Artime, and delivered by Artime’s money-launderer, Ramón Milián Rodríguez. After the Iran-Contra scandal went public, Milián Rodríguez was investigated by a congressional committee – not for Watergate, but because, in support of the Contras, he had managed two Costa Rican seafood companies, Frigorificos and Ocean Hunter, that laundered drug money.6
  • In the 1950s Wall Street was a dominating complex. It included not just banks and other financial institutions but also the oil majors whose cartel arrangements were successfully defended against the U.S. Government by the Wall Street law firm Sullivan and Cromwell, home to the Dulles brothers. The inclusion of Wall Street conforms with Franklin Roosevelt’s observation in 1933 to his friend Col. E.M. House that “The real truth … is, as you and I know, that a financial element in the larger centers has owned the Government ever since the days of Andrew Jackson.”18 FDR’s insight is well illustrated by the efficiency with which a group of Wall Street bankers (including Nelson Rockefeller’s grandfather Nelson Aldrich) were able in a highly secret meeting in 1910 to establish the Federal Reserve System – a system which in effect reserved oversight of the nation’s currency supply and of all America’s banks in the not impartial hands of its largest.19 The political clout of the quasi-governmental Federal Reserve Board was clearly demonstrated in 2008, when Fed leadership secured instant support from two successive administrations for public money to rescue the reckless management of Wall Street banks: banks Too Big To Fail, and of course far Too Big To Jail, but not Too Big To Bail.20
  • since its outset, the CIA has always had access to large amounts of off-the books or offshore funds to support its activities. Indeed, the power of the purse has usually worked in an opposite sense, since those in control of deep state offshore funds supporting CIA activities have for decades also funded members of Congress and of the executive – not vice versa. The last six decades provide a coherent and continuous picture of historical direction being provided by this deep state power of the purse, trumping and sometimes reversing the conventional state. Let us resume some of the CIA’s sources of offshore and off-the-books funding for its activities. The CIA’s first covert operation was the use of “over $10 million in captured Axis funds to influence the [Italian] election [of 1948].”25 (The fundraising had begun at the wealthy Brook Club in New York; but Allen Dulles, then still a Wall Street lawyer, persuaded Washington, which at first had preferred a private funding campaign, to authorize the operation through the National Security Council and the CIA.)26 Dulles, together with George Kennan and James Forrestal, then found a way to provide a legal source for off-the-books CIA funding, under the cover of the Marshall Plan. The three men “helped devise a secret codicil [to the Marshall Plan] that gave the CIA the capability to conduct political warfare. It let the agency skim millions of dollars from the plan.”27
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  • The international lawyers of Wall Street did not hide from each other their shared belief that they understood better than Washington the requirements for running the world. As John Foster Dulles wrote in the 1930s to a British colleague, The word “cartel” has here assumed the stigma of a bogeyman which the politicians are constantly attacking. The fact of the matter is that most of these politicians are highly insular and nationalistic and because the political organization of the world has under such influence been so backward, business people who have had to cope realistically with international problems have had to find ways for getting through and around stupid political barriers.21
  • In the 1960s and especially the 1970s America began to import more and more oil from the Middle East. But the negative effect on the U.S. balance of payments was offset by increasing arms and aviation sales to Iran and Saudi Arabia. Contracts with companies like Northrop and especially Lockheed (the builder of the CIA’s U-2) included kickbacks to arms brokers, like Kodama Yoshio in Japan and Adnan Khashoggi in Saudi Arabia, who were also important CIA agents. Lockheed alone later admitted to the Church Committee that it had provided $106 million in commissions to Khashoggi between 1970 and 1975, more than ten times what it had paid to the next most important connection, Kodama.31 These funds were then used by Khashoggi and Kodama to purchase pro-Western influence. But Khashoggi, advised by a team of ex-CIA Americans like Miles Copeland and Edward Moss, distributed cash, and sometimes provided women, not just in Saudi Arabia but around the world – including cash to congressmen and President Nixon in the United States.32 Khashoggi in effect served as a “cutout,” or representative, in a number of operations forbidden to the CIA and the companies he worked with. Lockheed, for one, was conspicuously absent from the list of military contractors who contributed illicitly to Nixon’s 1972 election campaign. But there was no law prohibiting, and nothing else to prevent their official representative, Khashoggi, from cycling $200 million through the bank of Nixon’s friend Bebe Rebozo.33
  • The most dramatic use of off-the-books drug profits to finance foreign armies was seen in the 1960s CIA-led campaign in Laos. There the CIA supplied airstrips and planes to support a 30,000-man drug-financed Hmong army. At one point Laotian CIA station chief Theodore Shackley even called in CIA aircraft in support of a ground battle to seize a huge opium caravan on behalf of the larger Royal Laotian Army.30
  • At the time of the Marshall Plan slush fund in Europe, the CIA also took steps which resulted in drug money to support anti-communist armies in the Far East. In my book American War Machine I tell how the CIA, using former OSS operative Paul Helliwell, created two proprietary firms as infrastructure for a KMT army in Burma, an army which quickly became involved in managing and developing the opium traffic there. The two firms were SEA Supply Inc. in Bangkok and CAT Inc. (later Air America) in Taiwan. Significantly, the CIA split ownership of CAT Inc.’s plane with KMT bankers in Taiwan – this allowed the CIA to deny responsibility for the flights when CAT planes, having delivered arms from Sea Supply to the opium-growing army, then returned to Taiwan with opium for the KMT. Even after the CIA officially severed its connection to the KMT Army in 1953, its proprietary firm Sea Supply Inc. supplied arms for a CIA-led paramilitary force, PARU, that also was financed, at least in part, by the drug traffic.28 Profits from Thailand filtered back, in part through the same Paul Helliwell, as donations to members from both parties in Congress. Thai dictator Phao Sriyanon, a drug trafficker who was then alleged to be the richest man in the world, hired lawyer Paul Helliwell…as a lobbyist in addition to [former OSS chief William] Donovan [who in 1953-55 was US Ambassador to Thailand]. Donovan and Helliwell divided the Congress between them, with Donovan assuming responsibility for the Republicans and Helliwell taking the Democrats.29
  • The power exerted by Khashoggi was not limited to his access to funds and women. By the 1970s, Khashoggi and his aide Edward Moss owned the elite Safari Club in Kenya.34 The exclusive club became the first venue for another and more important Safari Club: an alliance between Saudi and other intelligence agencies that wished to compensate for the CIA’s retrenchment in the wake of President Carter’s election and Senator Church’s post-Watergate reforms.35
  • As former Saudi intelligence chief Prince Turki bin Faisal once told Georgetown University alumni, In 1976, after the Watergate matters took place here, your intelligence community was literally tied up by Congress. It could not do anything. It could not send spies, it could not write reports, and it could not pay money. In order to compensate for that, a group of countries got together in the hope of fighting Communism and established what was called the Safari Club. The Safari Club included France, Egypt, Saudi Arabia, Morocco, and Iran.36 Prince Turki’s candid remarks– “your intelligence community was literally tied up by Congress. …. In order to compensate for that, a group of countries got together … and established what was called the Safari Club.” – made it clear that the Safari Club, operating at the level of the deep state, was expressly created to overcome restraints established by political decisions of the public state in Washington (decisions not only of Congress but also of President Carter).
  • Specifically Khashoggi’s activities involving corruption by sex and money, after they too were somewhat curtailed by Senator Church’s post-Watergate reforms, appear to have been taken up quickly by the Bank of Credit and Commerce International (BCCI), a Muslim-owned bank where Khashoggi’s friend and business partner Kamal Adham, the Saudi intelligence chief and a principal Safari Club member, was a part-owner.37 In the 1980s BCCI, and its allied shipping empire owned by the Pakistani Gokal brothers, supplied financing and infrastructure for the CIA’s (and Saudi Arabia’s) biggest covert operation of the decade, support for the Afghan mujahedin. To quote from a British book excerpted in the Senate BCCI Report: “BCCI’s role in assisting the U.S. to fund the Mujaheddin guerrillas fighting the Soviet occupation is drawing increasing attention. The bank’s role began to surface in the mid-1980′s when stories appeared in the New York Times showing how American security operatives used Oman as a staging post for Arab funds. This was confirmed in the Wall Street Journal of 23 October 1991 which quotes a member of the late General Zia’s cabinet as saying ‘It was Arab money that was pouring through BCCI.’ The Bank which carried the money on from Oman to Pakistan and into Afghanistan was National Bank of Oman, where BCCI owned 29%.”38
  • In 1981 Vice-president Bush and Saudi Prince Bandar, working together, won congressional approval for massive new arms sales of AWACS (airborne warning and control system) aircraft to Saudi Arabia. In the $5.5 billion package, only ten percent covered the cost of the planes. Most of the rest was an initial installment on what was ultimately a $200 billion program for military infrastructure through Saudi Arabia.41 It also supplied a slush fund for secret ops, one administered for over a decade in Washington by Prince Bandar, after he became the Saudi Ambassador (and a close friend of the Bush family, nicknamed “Bandar Bush”). In the words of researcher Scott Armstrong, the fund was “the ultimate government-off-the-books.” Not long after the AWACS sale was approved, Prince Bandar thanked the Reagan administration for the vote by honoring a request by William Casey that he deposit $10 million in a Vatican bank to be used in a campaign against the Italian Communist Party. Implicit in the AWACS deal was a pledge by the Saudis to fund anticommunist guerrilla groups in Afghanistan, Angola, and elsewhere that were supported by the Reagan Administration.42 The Vatican contribution, “for the CIA’s long-time clients, the Christian Democratic Party,” of course continued a CIA tradition dating back to 1948.
  • The activities of the Safari Club were exposed after Iranians in 1979 seized the records of the US Embassy in Tehran. But BCCI support for covert CIA operations, including Iran-Contra, continued until BCCI’s criminality was exposed at the end of the decade. Meanwhile, with the election of Ronald Reagan in 1980, Washington resumed off-budget funding for CIA covert operations under cover of arms contracts to Saudi Arabia. But this was no longer achieved through kickbacks to CIA assets like Khashoggi, after Congress in 1977 made it illegal for American corporations to make payments to foreign officials. Instead arrangements were made for payments to be returned, through either informal agreements or secret codicils in the contracts, by the Saudi Arabian government itself. Two successive arms deals, the AWACS deal of 1981 and the al-Yamamah deal of 1985, considerably escalated the amount of available slush funds.
  • It is reported in two books that the BCCI money flow through the Bank of Oman was handled in part by the international financier Bruce Rappaport, who for a decade, like Khashoggi, kept a former CIA officer on his staff.39 Rappaport’s partner in his Inter Maritime Bank, which interlocked with BCCI, was E.P. Barry, who earlier had been a partner in the Florida money-laundering banks of Paul Helliwell.40
  • After a second proposed major U.S. arms sale met enhanced opposition in Congress in 1985 from the Israeli lobby, Saudi Arabia negotiated instead a multi-billion pound long-term contract with the United Kingdom – the so-called al-Yamamah deal. Once again overpayments for the purchased weapons were siphoned off into a huge slush fund for political payoffs, including “hundreds of millions of pounds to the ex-Saudi ambassador to the US, Prince Bandar bin Sultan.”43 According to Robert Lacey, the payments to Prince Bandar were said to total one billion pounds over more than a decade.44 The money went through a Saudi Embassy account in the Riggs Bank, Washington; according to Trento, the Embassy’s use of the Riggs Bank dated back to the mid-1970s, when, in his words, “the Saudi royal family had taken over intelligence financing for the United States.”45 More accurately, the financing was not for the United States, but for the American deep state.
  • This leads me to the most original and important thing I have to say. I believe that these secret funds from BCCI and Saudi arms deals – first Khashoggi’s from Lockheed and then Prince Bandar’s from the AWACS and al-Yamamah deals – are the common denominator in all of the major structural deep events (SDEs) that have afflicted America since the supranational Safari Club was created in l976. I am referring specifically to 1) the covert US intervention in Afghanistan (which started about 1978 as a Safari Club intervention, more than a year before the Russian invasion), 2) the 1980 October Surprise, which together with an increase in Saudi oil prices helped assure Reagan’s election and thus give us the Reagan Revolution, 3) Iran-Contra in 1984-86, 4) and – last but by no means least – 9/11. That is why I believe it is important to analyze these events at the level of the supranational deep state. Let me just cite a few details.
  • 1) the 1980 October Surprise. According to Robert Parry, Alexandre de Marenches, the principal founder of the Safari Club, arranged for William Casey (a fellow Knight of Malta) to meet with Iranian and Israeli representatives in Paris in July and October 1980, where Casey promised delivery to Iran of needed U.S. armaments, in exchange for a delay in the return of the U.S. hostages in Iran until Reagan was in power. Parry suspects a role of BCCI in both the funding of payoffs for the secret deal and the subsequent flow of Israeli armaments to Iran.46 In addition, John Cooley considers de Marenches to be “the Safari Club player who probably did most to draw the US into the Afghan adventure.”47 2) the Iran-Contra scandal (including the funding of the Contras, the illegal Iran arms sales, and support for the Afghan mujahideen There were two stages to Iran-Contra. For twelve months in 1984-85, after meeting with Casey, King Fahd of Saudi Arabia, in the spirit of the AWACS deal, supported the Nicaraguan Contras via Prince Bandar through a BCCI bank account in Miami. But in April 1985, after the second proposed arms sale fell through, McFarlane, fearing AIPAC opposition, terminated this direct Saudi role. Then Khashoggi, with the help of Miles Copeland, devised a new scheme in which Iranian arms sales involving Israel would fund the contras. The first stage of Iran-Contra was handled by Prince Bandar through a BCCI account in Miami; the second channel was handled by Khashoggi through a different BCCI account in Montecarlo. The Kerry-Brown Senate Report on BCCI also transmitted allegations from a Palestinian-American businessman, Sam Bamieh, that Khashoggi’s funds from BCCI for arms sales to Iran came ultimately from King Fahd of Saudi Arabia, who “was hoping to gain favor with Ayatollah Ruhollah Khomeini.”48
  • 3) 9/11 When the two previously noted alleged hijackers or designated culprits, al-Mihdhar and al-Hazmi, arrived in San Diego, a Saudi named Omar al-Bayoumi both housed them and opened bank accounts for them. Soon afterwards Bayoumi’s wife began receiving monthly payments from a Riggs bank account held by Prince Bandar’s wife, Princess Haifa bint Faisal.49 In addition, Princess Haifa sent regular monthly payments of between $2,000 and $3,500 to the wife of Osama Basnan, believed by various investigators to be a spy for the Saudi government. In all, “between 1998 and 2002, up to US $73,000 in cashier cheques was funneled by Bandar’s wife Haifa … – to two Californian families known to have bankrolled al-Midhar and al-Hazmi.”50 Although these sums in themselves are not large, they may have been part of a more general pattern. Author Paul Sperry claims there was possible Saudi government contact with at least four other of the alleged hijackers in Virginia and Florida. For example, “9/11 ringleader Mohamed Atta and other hijackers visited s home owned by Esam Ghazzawi, a Saudi adviser to the nephew of King Fahd.”51
  • But it is wrong to think of Bandar’s accounts in the Riggs Bank as uniquely Saudi. Recall that Prince Bandar’s payments were said to have included “a suitcase containing more than $10 million” that went to a Vatican priest for the CIA’s long-time clients, the Christian Democratic Party.52 In 2004, the Wall Street Journal reported that the Riggs Bank, which was by then under investigation by the Justice Department for money laundering, “has had a longstanding relationship with the Central Intelligence Agency, according to people familiar with Riggs operations and U.S. government officials.”53 Meanwhile President Obiang of Equatorial Guinea “siphoned millions from his country’s treasury with the help of Riggs Bank in Washington, D.C.”54 For this a Riggs account executive, Simon Kareri, was indicted. But Obiang enjoyed State Department approval for a contract with the private U.S. military firm M.P.R.I., with an eye to defending offshore oil platforms owned by ExxonMobil, Marathon, and Hess.55 Behind the CIA relationship with the Riggs Bank was the role played by the bank’s overseas clients in protecting U.S. investments, and particularly (in the case of Saudi Arabia and Equatorial Guinea), the nation’s biggest oil companies.
  • The issue of Saudi Embassy funding of at least two (and possibly more) of the alleged 9/11 hijackers (or designated culprits) is so sensitive that, in the 800-page Joint Congressional Inquiry Report on 9/11, the entire 28-page section dealing with Saudi financing was very heavily redacted.56 A similar censorship occurred with the 9/11 Commission Report: According to Philip Shenon, several staff members felt strongly that they had demonstrated a close Saudi government connection to the hijackers, but a senior staff member purged almost all of the most serious allegations against the Saudi government, and moved the explosive supporting evidence to the report’s footnotes.57 It is probable that this cover-up was not designed for the protection of the Saudi government itself, so much as of the supranational deep state connection described in this essay, a milieu where American, Saudi, and Israeli elements all interact covertly. One sign of this is that Prince Bandar himself, sensitive to the anti-Saudi sentiment that 9/11 caused, has been among those calling for the U.S. government to make the redacted 28 pages public.58
  • This limited exposure of the nefarious use of funds generated from Saudi arms contracts has not created a desire in Washington to limit these contracts. On the contrary, in 2010, the second year of the Obama administration, The Defense Department … notified Congress that it wants to sell $60 billion worth of advanced aircraft and weapons to Saudi Arabia. The proposed sale, which includes helicopters, fighter jets, radar equipment and satellite-guided bombs, would be the largest arms deal to another country in U.S. history if the sale goes through and all purchases are made.59 The sale did go through; only a few congressmen objected.60 The deep state, it would appear, is alive and well, and impervious to exposures of it. It is clear that for some decades the bottom-upwards processes of democracy have been increasingly supplanted by the top-downwards processes of the deep state.
  • But the deeper strain in history, I would like to believe, is in the opposite direction: the ultimate diminution of violent top-down forces by the bottom-up forces of an increasingly integrated civil society.61 In the last months we have had Wikileaks, then Edward Snowden, and now the fight between the CIA and its long-time champion in Congress, Dianne Feinstein. It may be time to see a systemic correction, much as we did after Daniel Ellsberg’s release of the Pentagon Papers, which was followed by Watergate and the Church Committee reforms. I believe that to achieve this correction there must be a better understanding of deep events and of the deep state. Ultimately, however, whether we see a correction or not will depend, at least in part, on how much people care.
Paul Merrell

Exclusive: U.S. directs agents to cover up program used to investigate Americans - chic... - 0 views

www.chicagotribune.com/...-20130805,0,2087915,full.story

security state NSA DEA lies

shared by Paul Merrell on 06 Aug 13 - No Cached
  • WASHINGTON (Reuters) - A secretive U.S. Drug Enforcement Administration unit is funneling information from intelligence intercepts, wiretaps, informants and a massive database of telephone records to authorities across the nation to help them launch criminal investigations of Americans. Although these cases rarely involve national security issues, documents reviewed by Reuters show that law enforcement agents have been directed to conceal how such investigations truly begin - not only from defense lawyers but also sometimes from prosecutors and judges. The undated documents show that federal agents are trained to "recreate" the investigative trail to effectively cover up where the information originated, a practice that some experts say violates a defendant's Constitutional right to a fair trial. If defendants don't know how an investigation began, they cannot know to ask to review potential sources of exculpatory evidence - information that could reveal entrapment, mistakes or biased witnesses.
  • The unit of the DEA that distributes the information is called the Special Operations Division, or SOD. Two dozen partner agencies comprise the unit, including the FBI, CIA, NSA, Internal Revenue Service and the Department of Homeland Security. It was created in 1994 to combat Latin American drug cartels and has grown from several dozen employees to several hundred. Today, much of the SOD's work is classified, and officials asked that its precise location in Virginia not be revealed. The documents reviewed by Reuters are marked "Law Enforcement Sensitive," a government categorization that is meant to keep them confidential. "Remember that the utilization of SOD cannot be revealed or discussed in any investigative function," a document presented to agents reads. The document specifically directs agents to omit the SOD's involvement from investigative reports, affidavits, discussions with prosecutors and courtroom testimony. Agents are instructed to then use "normal investigative techniques to recreate the information provided by SOD."
  • A spokesman with the Department of Justice, which oversees the DEA, declined to comment. But two senior DEA officials defended the program, and said trying to "recreate" an investigative trail is not only legal but a technique that is used almost daily.
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  • A former federal agent in the northeastern United States who received such tips from SOD described the process. "You'd be told only, ‘Be at a certain truck stop at a certain time and look for a certain vehicle.' And so we'd alert the state police to find an excuse to stop that vehicle, and then have a drug dog search it," the agent said. "PARALLEL CONSTRUCTION" After an arrest was made, agents then pretended that their investigation began with the traffic stop, not with the SOD tip, the former agent said. The training document reviewed by Reuters refers to this process as "parallel construction." The two senior DEA officials, who spoke on behalf of the agency but only on condition of anonymity, said the process is kept secret to protect sources and investigative methods. "Parallel construction is a law enforcement technique we use every day," one official said. "It's decades old, a bedrock concept." A dozen current or former federal agents interviewed by Reuters confirmed they had used parallel construction during their careers. Most defended the practice; some said they understood why those outside law enforcement might be concerned.
  • Today, the SOD offers at least three services to federal, state and local law enforcement agents: coordinating international investigations such as the Bout case; distributing tips from overseas NSA intercepts, informants, foreign law enforcement partners and domestic wiretaps; and circulating tips from a massive database known as DICE. The DICE database contains about 1 billion records, the senior DEA officials said. The majority of the records consist of phone log and Internet data gathered legally by the DEA through subpoenas, arrests and search warrants nationwide. Records are kept for about a year and then purged, the DEA officials said. About 10,000 federal, state and local law enforcement agents have access to the DICE database, records show. They can query it to try to link otherwise disparate clues. Recently, one of the DEA officials said, DICE linked a man who tried to smuggle $100,000 over the U.S. southwest border to a major drug case on the East Coast.
Paul Merrell

US v. Comprehensive Drug Testing, Inc., 621 F. 3d 1162 - Court of Appeals, 9th Circuit ... - 0 views

scholar.google.com/scholar_case

surveillance-state 4th Amendment bulk-collection future-investigations

shared by Paul Merrell on 05 Dec 14 - No Cached
  • Concluding Thoughts
  • This case well illustrates both the challenges faced by modern law enforcement in retrieving information it needs to pursue and prosecute wrongdoers, and the threat to the privacy of innocent parties from a vigorous criminal investigation. At the time of Tamura, most individuals and enterprises kept records in their file cabinets or similar physical facilities. Today, the same kind of data is usually stored electronically, often far from the premises. Electronic storage facilities intermingle data, making them difficult to retrieve without a thorough understanding of the filing and classification systems used—something that can often only be determined by closely analyzing the data in a controlled environment. Tamura involved a few dozen boxes and was considered a broad seizure; but even inexpensive electronic storage media today can store the equivalent of millions of pages of information. 1176*1176 Wrongdoers and their collaborators have obvious incentives to make data difficult to find, but parties involved in lawful activities may also encrypt or compress data for entirely legitimate reasons: protection of privacy, preservation of privileged communications, warding off industrial espionage or preventing general mischief such as identity theft. Law enforcement today thus has a far more difficult, exacting and sensitive task in pursuing evidence of criminal activities than even in the relatively recent past. The legitimate need to scoop up large quantities of data, and sift through it carefully for concealed or disguised pieces of evidence, is one we've often recognized. See, e.g., United States v. Hill, 459 F.3d 966 (9th Cir.2006).
  • This pressing need of law enforcement for broad authorization to examine electronic records, so persuasively demonstrated in the introduction to the original warrant in this case, see pp. 1167-68 supra, creates a serious risk that every warrant for electronic information will become, in effect, a general warrant, rendering the Fourth Amendment irrelevant. The problem can be stated very simply: There is no way to be sure exactly what an electronic file contains without somehow examining its contents—either by opening it and looking, using specialized forensic software, keyword searching or some other such technique. But electronic files are generally found on media that also contain thousands or millions of other files among which the sought-after data may be stored or concealed. By necessity, government efforts to locate particular files will require examining a great many other files to exclude the possibility that the sought-after data are concealed there. Once a file is examined, however, the government may claim (as it did in this case) that its contents are in plain view and, if incriminating, the government can keep it. Authorization to search some computer files therefore automatically becomes authorization to search all files in the same sub-directory, and all files in an enveloping directory, a neighboring hard drive, a nearby computer or nearby storage media. Where computers are not near each other, but are connected electronically, the original search might justify examining files in computers many miles away, on a theory that incriminating electronic data could have been shuttled and concealed there.
  • ...3 more annotations...
  • The advent of fast, cheap networking has made it possible to store information at remote third-party locations, where it is intermingled with that of other users. For example, many people no longer keep their email primarily on their personal computer, and instead use a web-based email provider, which stores their messages along with billions of messages from and to millions of other people. Similar services exist for photographs, slide shows, computer code and many other types of data. As a result, people now have personal data that are stored with that of innumerable strangers. Seizure of, for example, Google's email servers to look for a few incriminating messages could jeopardize the privacy of millions. It's no answer to suggest, as did the majority of the three-judge panel, that people can avoid these hazards by not storing their data electronically. To begin with, the choice about how information is stored is often made by someone other than the individuals whose privacy would be invaded by the search. Most people have no idea whether their doctor, lawyer or accountant maintains records in paper or electronic format, whether they are stored on the premises or on a server farm in Rancho Cucamonga, whether they are commingled with those of many other professionals 1177*1177 or kept entirely separate. Here, for example, the Tracey Directory contained a huge number of drug testing records, not only of the ten players for whom the government had probable cause but hundreds of other professional baseball players, thirteen other sports organizations, three unrelated sporting competitions, and a non-sports business entity—thousands of files in all, reflecting the test results of an unknown number of people, most having no relationship to professional baseball except that they had the bad luck of having their test results stored on the same computer as the baseball players.
  • Second, there are very important benefits to storing data electronically. Being able to back up the data and avoid the loss by fire, flood or earthquake is one of them. Ease of access from remote locations while traveling is another. The ability to swiftly share the data among professionals, such as sending MRIs for examination by a cancer specialist half-way around the world, can mean the difference between death and a full recovery. Electronic storage and transmission of data is no longer a peculiarity or a luxury of the very rich; it's a way of life. Government intrusions into large private databases thus have the potential to expose exceedingly sensitive information about countless individuals not implicated in any criminal activity, who might not even know that the information about them has been seized and thus can do nothing to protect their privacy. It is not surprising, then, that all three of the district judges below were severely troubled by the government's conduct in this case. Judge Mahan, for example, asked "what ever happened to the Fourth Amendment? Was it ... repealed somehow?" Judge Cooper referred to "the image of quickly and skillfully moving the cup so no one can find the pea." And Judge Illston regarded the government's tactics as "unreasonable" and found that they constituted "harassment." Judge Thomas, too, in his panel dissent, expressed frustration with the government's conduct and position, calling it a "breathtaking expansion of the `plain view' doctrine, which clearly has no application to intermingled private electronic data." Comprehensive Drug Testing, 513 F.3d at 1117.
  • Everyone's interests are best served if there are clear rules to follow that strike a fair balance between the legitimate needs of law enforcement and the right of individuals and enterprises to the privacy that is at the heart of the Fourth Amendment. Tamura has provided a workable framework for almost three decades, and might well have sufficed in this case had its teachings been followed. We have updated Tamura to apply to the daunting realities of electronic searches. We recognize the reality that over-seizing is an inherent part of the electronic search process and proceed on the assumption that, when it comes to the seizure of electronic records, this will be far more common than in the days of paper records. This calls for greater vigilance on the part of judicial officers in striking the right balance between the government's interest in law enforcement and the right of individuals to be free from unreasonable searches and seizures. The process of segregating electronic data that is seizable from that which is not must not become a vehicle for the government to gain access to data which it has no probable cause to collect.
  • Paul Merrell on 05 Dec 14
     
    From a Ninth U.S. Circuit Court of Appeals en banc ruling in 2010. The Court's holding was that federal investigators had vastly overstepped the boundaries of multiple subpoenas and a search warrant --- and the Fourth Amendment --- by seizing records of a testing laboratory and reviewing them for information not described in the warrant or the subpoenas. At issue in this particular case was the government's use of a warrant that found probable cause to believe that the records contained evidence that steroids had been found in the urine of ten major league baseball players but searched the seized records for urine tests of other baseball players. The Court upheld the lower courts' rulings that the government was required to return all records other than those relevant to the ten players identified in the warrant. (The government had instead used the records of other player's urine tests to issue subpoenas for evidence relevant to those players potential use of steroids.) This decision cuts very heavily against the notion that the Fourth Amendment allows the bulk collection of private information about millions of Americans with or without a warrantor court order on the theory that some of the records *may* later become relevant to a lawful investigation.   Or rephrased, here is the en banc decision of the largest federal court of appeals (as many judges as most other federal appellate courts combined), in direct disagreement with the FISA Court orders allowing bulk collection of telephone records and bulk "incidental" collection of Americans' telephone conversations on the theory that the records *might* become relevant to national security investigations. Yet none of the FISA judges in any of the FISA opinions published thus far even cited, let alone distinguished, this Ninth Circuit en banc decision. Which says a lot of the quality of the legal research performed by the FISA Court judges. However, this precedent is front and center in briefs filed with the Ni
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