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Last week charges of Desertion and Misbehavior Before the Enemy were recommended against Sergeant Bowe Bergdahl. Tragically, Sergeant Bergdahl was once again crucified, without evidence or trial, throughout mainstream, alternative and social media. That same day Sergeant Bergdahl was offered as a sacrifice to primarily Republican politicians, bloggers, pundits, chicken hawks and jingoists, while Democrats mostly kept silent as Sergeant Bergdahl was paraded electronically and digitally in the latest Triumph of the Global War on Terror, President Ashraf Ghani was applauded, in person, by the American Congress. Such coincidences, whether they are arranged or accidental, often appear in literary or cinematic tales, but they do, occasionally, manifest themselves in real life, often appearing to juxtapose the virtues and vices of a society for the sake and advancement of political narratives. The problem with this specific coincidence for those on the Right, indulging in the fantasy of American military success abroad, as well as for those on the Left, desperate to prove that Democrats can be as tough as Republicans, is that reality may intrude. To the chagrin and consternation of many in DC, Sergeant Bergdahl may prove to be the selfless hero, while President Ghani may play the thief, and Sergeant Bergdahl's departure from his unit in Afghanistan may come to be understood as just and his time as a prisoner of war principled, while President Obama's continued propping up and bankrolling of the government in Kabul, at the expense of American servicemembers and taxpayers, comes to be fully acknowledged as immoral and profligate.

Buried in much of the media coverage this past week on the charges presented against Sergeant Bergdahl, with the exception of CNN, are details of the Army's investigation into Sergeant Bergdahl's disappearance, capture and captivity. As revealed by Sergeant Bergdahl's legal team, twenty-two Army investigators have constructed a report that details aspects of Sergeant Bergdahl's departure from his unit, his capture and his five years as a prisoner of war that disprove many of the malicious rumors and depictions of him and his conduct.

As documented in his lawyers' statement submitted to the Army on March 25, 2015, in response to Sergeant Bergdahl's referral to the Article 32 preliminary hearing (which is roughly the military equivalent of a civilian grand jury), the following facts are now known about Sergeant Bergdahl and his time prior to and during his captivity as a prisoner of war:• Sergeant Bergdahl is a "truthful person" who "did not act out of a bad motive"; • he did not have the intention to desert permanently nor did he have an intention to leave the Army when he left his unit's outpost in eastern Afghanistan in 2009; • he did not have the intention of joining the Taliban or assisting the enemy; • he left his post to report "disturbing circumstances to the attention of the nearest general officer". • while he was a prisoner of war for five years, he was tortured, but he did not cooperate with his captors. Rather, Sergeant Bergdahl attempted to escape twelve times, each time with the knowledge he would be tortured or killed if caught; • there is no evidence American soldiers died looking for Sergeant Bergdahl.

Recent talks with the Syrian government and opposition resulted in the first adoption of a joint agreement between the government and the opposition, prompting UN Special Envoy for Syria, Staffan de Mistura to stress that the international community should pay more attention to Moscow’s efforts.  Speaking to the British The Independent, de Mistura said that it is time for the world to listen more closely to Russia with regard to Moscow’s effort to broker a peaceful resolution to the four-year-long conflict that has cost more than 210,000 lives and caused an unprecedented rise in Islamist terrorism.

De Mistura stressed the long-standing ties between Damascus and Moscow and added that Russia cannot manage to bring about a peaceful resolution without the help of others. Last week Moscow hosted talks between representatives of the Syrian government and the opposition, including the first direct talks. The head of the Syrian government’s delegation and Syrian UN Envoy Dr. Bashar al-Jaafari described the outcome of the talks as positive and confirmed the adoption of a joint document entitled “An Assessment of the Situation in Syria”. The talks were facilitated by Vitaly Naumkin who is the Director of the Institute of Oriental Studies at the Russian Academy of Sciences.  Naumkin stressed that it was the first time that the two sides managed to unanimously adopt a document of political character, reports the Russian Tass news agency. The document reportedly contains provisions on resolving the Syrian crisis based on the principles of the June 30, 2012 Geneva Communique and the UN Security Council’s resolution on the fight against terrorism. It envisions the lifting of all restrictive economic measures against Syria and the international community’s assistance in repatriating refugees.

It also stipulates that the inter-Syrian dialog must be conducted without foreign interference, stressing that this would be the only way to resolve the crisis peacefully. Both the Syrian government, Syrian political parties and civil society organizations have repeatedly stressed that everybody who renounces violence and vouches for the territorial integrity of Syria is welcome to participate in Syria’s political discourse, constitutionally, and on equal terms with others. Last week the head of the foreign-based opposition, Qadri Jamil, said that the opposition would apply to the UN to arrange a Geneva III conference to continue the work toward a peaceful settlement. Both the “opposition” as well as the government and Syrian self-defense forces have increasingly been pressed by the advance of ISIS. Meanwhile, the United States is preparing its “train and equip” program in Turkey which will work towards launching more so-called “moderate rebels” into Syria. In 2014 some 5,000 of these “moderate rebels” would join the ranks of the Islamic State.

As Saudi Arabia and its allies have begun the bombing campaign against Yemen, in the south, a separatist movement calling for a "State of South Arabia" is emerging. Fostered by the US, it will leave the Houthis with two hostile states at their borders and locked access to the sea, if it succeeds.

Welcome to phase two of US regime change operations. After Yemen's 2011 revolution failed and Houthi militias overthrew President Hadi, forces trained and sponsored by the US government are being activated as a separatist movement. The Southern People's Committees (SPC), founded around 2007 although USAID has been conducting political workshops as part of a $695,000 project and actively grooming leadership in Yemen since 2005. (Also in 2007, weekly protests began, organized by women's organizations, fostered by the workshops.) The SPC were similar to many color revolution movements such as Serbia's Otpor in that they did not have a central leadership, but rather an autonomous cell-based organization. In addition, they were very capable in the use of social media technologies, text messaging and the circumventing the government's internet censorship to organize protests.

Meanwhile, the Yemen Center for Human Rights Studies, which received $193,000 from the EU and US-funded Foundation for the Future in 2009, conducted a poll in January 2010, which found that 70 percent of southern Yemenis favored secession. Another USAID-funded project, the $43 million Responsive Governance Project (RGP), launched in May 2010, conducted "New Social Media training for Youth leaders to equip Yemeni youth groups in the use of media to enhance their participation in formulating public issues." The project focuses on establishing contacts with the Yemeni government and providing "leadership and civic education training to youth NGOs."

Senators on Tuesday blasted President Obama's Syria strategy as incoherent, questioning efforts to force Bashar Assad to step down and grilling Defense Secretary Ash Carter on efforts to counter extremists.Carter at a Senate Armed Services Committee hearing discussed new changes to the administration's strategy against the Islamic State in Iraq and Syria (ISIS) in Syria, where the U.S. and allies are currently launching airstrikes and arming about a dozen Syrian Arab groups to counter ISIS.ADVERTISEMENTCarter said the U.S.-led military coalition hopes to strengthen the new Syrian Arab Coalition, intensify the air campaign, and target more ISIS leaders and the group's oil operations.“If done in concert as we intend, all those actions on the ground and from the air should help shrink ISIL’s territory into a smaller and smaller area and create new opportunities for targeting ISIL — ultimately denying this evil movement any safe haven in its supposed heartland,” Carter said, using another acronym for ISIS.“This is a half-assed strategy at best,” said Sen. Lindsey Graham (R-S.C.), a Republican presidential candidate and a leading defense hawk in the Senate.

Committee members questioned how the U.S.-led coalition intended to support Syrian rebels going after ISIS when the Syrian regime — assisted by Hezbollah, Russia and Iran — was targeting them in a bid to shore up Assad’s grip on power in the country’s four-year civil war.Carter said the U.S. was only obligated to protect the small number of rebels who had taken part in a now-defunct Pentagon plan to train and equip a rebel force against ISIS, leaving many senators incredulous.That program only yielded 145 rebels, out of a planned force of 5,000 this year.Carter acknowledged that Russian forces were already hitting moderate Syrian rebel groups — including some supported by the coalition — but said the U.S. was not obligated to protect them since they were not Pentagon-trained.His comments come amid reports that the Russian strikes have targeted groups that were trained by the CIA.  Sen. John McCain (R-Ariz.), chairman of the Senate Armed Services Committed, called that policy “immoral.”“You are making a distinction without a difference, Mr. Secretary,” he said, exasperated. “These are American-supported and coalition-supported men who are going in and being slaughtered.”The administration has tried to avoid actions that would bring them into direct conflict with Syria or Russia, and maintains the coalition is supporting rebels who will target ISIS, not the Assad regime. 

Eight months after Saudi Arabia and its Gulf allies began an aerial campaign against the Houthi rebels, the civilian death toll continues to mount. More than 5,600 people, including 2,615 civilians and 500 children, have been killed since March. The vast majority of civilian deaths are attributable to coalition airstrikes.  Human rights groups have warned about war crimes and the continued humanitarian calamity in Yemen. “Yemen in five months is like Syria after five years,” Peter Maurer, president of the International Committee of the Red Cross, said in August. “The humanitarian situation is nothing short of catastrophic. Every family in Yemen has been affected by this conflict.” Complicit in the growing humanitarian disaster is the United States and its unchecked arms sales to Saudi Arabia and other Gulf allies. The Barack Obama administration agreed to transfer more than $64 billion in weapons and services to members of the Gulf Cooperation Council (GCC) during its first five years. On Oct. 20, the U.S. government approved an $11.25 billion deal to sell warships to Saudi Arabia, ignoring calls from human rights activists to refrain from selling certain military equipment in light of the civilian toll it is inflicting. In continuing to provide weapons, intelligence and logistical support to Riyadh, including precision rockets and internationally banned cluster munitions, the U.S. is contributing to Yemen’s suffering.

Take the Sept. 28 coalition airstrike that hit a wedding party, killing dozens and wounding many more. Among the dead were women and children. The White House expressed concern about the incident, but its words ring hollow, given that the U.S supplied the planes used in the attack. In a report on Oct. 6, London-based advocacy group Amnesty International investigated 13 coalition airstrikes from May to July that killed an estimated 100 people, including 59 children. The group found that some of the strikes hit civilian objects such as “homes, public buildings, schools, markets, shops, factories, bridges, roads and other civilian infrastructure,” as well as civilians fleeing in vehicles and those delivering humanitarian assistance. Amnesty said the strikes violate international law and found “damning evidence of war crimes,” which warrant an international investigation and the suspension of certain arms transfers. A United Nations panel has accused all sides of human rights abuses, but singled out coalition forces for committing “grave violations.” But international condemnation has done little to ease the devastation wrought by the strikes.

More important, Erdogan intends to use his landslide victory to persuade the Military High Command that he has a popular mandate for his foreign policy, a policy that has amassed thousands of Turkish troops, armored vehicles and tanks on the Syrian border for a possible invasion. Up to now, the military has resisted Erdogan on this matter, but now that Chief of General Staff Gen. Necdet Özel, has been replaced as head of the Turkish Armed Forces (TSK) by the more compliant General Hulusi Akar, the plan to invade Syria and secure a so called “safety zone” along the Syrian side of the Turkish border, becomes much more probable. The plan to annex sovereign Syrian territory and use it to launch attacks on the government of Syrian President Bashar al Assad dates back to 2012.  In 2015, however, the strategy was expanded upon by Brookings analyst Michael E. O’Hanlon in a piece  titled “Deconstructing Syria: A new strategy for America’s most hopeless war”. Here’s an excerpt:

“…the only realistic path forward may be a plan that in effect deconstructs Syria….the international community should work to create pockets with more viable security and governance within Syria over time… The idea would be to help moderate elements establish reliable safe zones within Syria once they were able. American, as well as Saudi and Turkish and British and Jordanian and other Arab forces would act in support, not only from the air but eventually on the ground via special forces. … Western forces themselves would remain in more secure positions in general—within the safe zones but back from the front lines—at least until the reliability of such defenses, and also local allied forces, made it practical to deploy and live in more forward locations. Creation of these sanctuaries would produce autonomous zones that would never again have to face the prospect of rule by either Assad ….The interim goal might be a confederal Syria, with several highly autonomous zones… The confederation would likely require support from an international peacekeeping force….to make these zones defensible and governable,….and to train and equip more recruits so that the zones could be stabilized and then gradually expanded.”  (Deconstructing Syria: A new strategy for America’s most hopeless war, Michael E. O’Hanlon, Brookings Institute)

This is the Obama administration’s basic blueprint for toppling Assad and reducing Syria into an ungovernable failed state run by regional warlords, renegade militias and Islamic extremists. US Secretary of State John Kerry confirmed our worst suspicions about this sinister plan in a speech he delivered to the Carnegie Endowment for International Peace just last week.  Here’s part of what he said: “In northern Syria, the coalition and its partners have pushed Daesh (ISIS) out of more than 17,000 square kilometers of territory, and we have secured the Turkish-Syrian border east of the Euphrates River. That’s about 85 percent of the Turkish border, and the President is authorizing further activities to secure the rest……. We’re also enhancing our air campaign in order to help drive Daesh, which once dominated the Syria-Turkey border, out of the last 70-mile stretch that it controls.” (U.S. Secretary of State John Kerry on the Future of U.S. Policy in the Middle East, Carnegie Endowment for International Peace) Repeat: “That’s about 85 percent of the Turkish border, and the President is authorizing further activities to secure the rest.”

Ben Wizner, who is perhaps best known as Edward Snowden’s lawyer, directs the American Civil Liberties Union’s Speech, Privacy & Technology Project. Wizner, who joined the ACLU in August 2001, one month before the 9/11 attacks, has been a force in the legal battles against torture, watch lists, and extraordinary rendition since the beginning of the global “war on terror.” Ad Policy On October 15, we met with Wizner in an upstate New York pub to discuss the state of privacy advocacy today. In sometimes sardonic tones, he talked about the transition from litigating on issues of torture to privacy advocacy, differences between corporate and state-sponsored surveillance, recent developments in state legislatures and the federal government, and some of the obstacles impeding civil liberties litigation. The interview has been edited and abridged for publication.

en Wizner, who is perhaps best known as Edward Snowden’s lawyer, directs the American Civil Liberties Union’s Speech, Privacy & Technology Project. Wizner, who joined the ACLU in August 2001, one month before the 9/11 attacks, has been a force in the legal battles against torture, watch lists, and extraordinary rendition since the beginning of the global “war on terror.” Ad Policy On October 15, we met with Wizner in an upstate New York pub to discuss the state of privacy advocacy today. In sometimes sardonic tones, he talked about the transition from litigating on issues of torture to privacy advocacy, differences between corporate and state-sponsored surveillance, recent developments in state legislatures and the federal government, and some of the obstacles impeding civil liberties litigation. The interview has been edited and abridged for publication.

Many of the technologies, both military technologies and surveillance technologies, that are developed for purposes of policing the empire find their way back home and get repurposed. You saw this in Ferguson, where we had military equipment in the streets to police nonviolent civil unrest, and we’re seeing this with surveillance technologies, where things that are deployed for use in war zones are now commonly in the arsenals of local police departments. For example, a cellphone surveillance tool that we call the StingRay—which mimics a cellphone tower and communicates with all the phones around—was really developed as a military technology to help identify targets. Now, because it’s so inexpensive, and because there is a surplus of these things that are being developed, it ends up getting pushed down into local communities without local democratic consent or control.

Iraqi forces appear better positioned than ever to launch an offensive against Islamic State militants controlling Ramadi, now that months-long efforts to cut off supply lines to the city are having an effect, but plenty of risks remain.The fall of Ramadi, the capital of Anbar province, to the group in May was the biggest defeat for Iraq's weak central government in nearly a year, dampening its hopes of routing the Sunni militants from the country's north and west.Retaking the city of 450,000 would provide a major psychological boost to Iraqi security forces, who have mostly collapsed in the face of advances by Islamic State, which last year seized a third of Iraq, a major OPEC oil producer and U.S ally.The ultimate goal for Iraqi forces is to break Islamic State's grip over its main stronghold Mosul, the biggest city in the north. Critical momentum is needed in order to achieve that.The Ramadi offensive has been impeded by heavy use of improvised explosive devices, inadequate troops and equipment due to government cash shortages, and stringent rules of engagement for U.S.-led air strikes, Iraqi army and federal police officers involved in the battle told Reuters.

Recent gains, however, have raised expectations that the military is set to strike, six months after vowing to quickly seize the city, 100 miles (60 km) west of Baghdad.Iraq's elite U.S.-trained counter-terrorism forces have led the campaign to put a cordon around the city. Backed by armored divisions of the federal police, they cut off the southern and western approaches to prevent reinforcements arriving from cities near the Syrian border.The forces have taken control of towns, villages and roads in those areas, including Anbar University and sprawling desert areas along the highway to Syria, the officers said.They also seized eastern outskirts such as Husaiba al-Sharqiya and Matheeq, significantly reducing Islamic State's ability to resupply from Falluja, a nearby city it controls.Earlier this month, counter-terrorism forces seized a large military camp on Ramadi's western outskirts and a handful of districts further north, reaching the western approach to the Palestine Bridge over the Euphrates.Two army divisions on the opposite side of the river, which runs north to south through Ramadi, are pushing slowly along a northern highway. Last week they reached the al-Jarayshi overpass, less than 2 km (1.25 miles) from the river.

Colonel Steve Warren, the spokesman for the U.S.-led coalition which has been bombing targets in Iraq and Syria for more than a year, said the insurgents were using the Euphrates as "a water-borne highway" to resupply the center of Ramadi.Taking the stretch of highway to the bridge would complete the cordon around Ramadi and enable the forces to begin clearing the city one neighborhood at a time.

The Syrian Arab Army and the YPG troops of the Syrian Kurds are making good progress in the Azaz pocket. The pocket formed after the Syrian army cut through the "rebel" corridor between Aleppo city and the Turkish border. The aim now is to push all foreign proxy forces who are still in that pocket (green) back north into Turkey and to get full control of the border.

The Syrian-Russian command decided to let the YPG (yellow) have the fun of cleaning the pocket only to taunt the Turkish President Erdogan. Erdogan has a serious domestic policy problems when the Kurdish forces gain control in parts of Syria that the wannabe Sultan Erdogan regarded as sacred neo-Ottoman ground. His court jester, the Prime Minister Davutoglu, announced that his country would not allow the town of Azaz to fall to Kurdish fighters. He will have to eat a flock of craws over that. The Turks are firing artillery from Turkish ground in the north onto Kurdish position in the pocket. Turkish special forces are likely near the front line to control that fire. But artillery alone can not make the difference. The Kurds have air support from the Russian airforce which Turkey no longer dares to attack. The Russians will not attack the Turkish artillery as such an attack could widen the war. The Kurdish troops will have to suffer through that barrage as they push out the Turkish and CIA paid proxies. Some reinforcement for the CIA proxies arrived from Idleb. These passed from Idleb into Turkey and from Turkey into the pocket. The destruction of these forces in the Azaz pocket will make the further fights  of the Syrian army in Idleb and elsewhere a lot easier.

Who are the professionals that are helping the YPG to take the Azaz pocket? My first thought was of course Russian Spetsnaz. But I asked around and none of my usual sources would confirm this. The sources acknowledged that the YPG in west Syria has special force support but there was some quite unexpected silence over who these forces were. It is clear to me that these are not Syrian special forces. The YPG does not want to be seen as a adjunct to the Syrian government. No one would confirm to me that these are Russian forces even as that would be of no great surprise to anyone. This leads me to speculate that some U.S. special forces are directing the YPG in the Azaz pocket. This in coordination with the Syrian army and the Russians. Is that a crazy thought? Consider: The Syrian YPG Kurds are supported by the U.S. military. They received weapons and ammunition from the U.S. military and, at least in the east, have some U.S. military special forces embedded with them. These Pentagon supported YPG troops currently fight foreign proxy forces in the Azaz pocket which are supported, equipped and paid by the CIA, the Saudis, the Turks and other Arab U.S. "allies". The CIA is running the show. The Turkish NATO member is shelling the Pentagon supported YPG to protect the CIA supported "moderate rebels". The current CIA director was once the CIA Chief of Station in Riyadh and has intimate connection to the Saudi rulers (and their pockets?). It was the military's Defense Intelligence Agency that warned in 2012 of the emergence of a "Salafist Principality" - the Islamic State - in Syria and Iraq. It warned against continuing the CIA support for the "rebels". It was the Pentagon that sabotaged the White House intent to create another "moderate rebel" force to attack the Islamic State:

US experts are reconstructing and equipping a desolate airport special to carrying agricultural products in the region controlled by the Kurdish forces in Hasaka region, Northeastern Syria, to turn it into a military base.The Lebanese al-Akhbar newspaper reported on Saturday that a number of US experts have entered the region since 50 days ago to develop and prepare the runways with 2,500m length and 250m width to be used by fighter jets. Abu Hajar airport which has not been used since 2010 is located in Tal al-Hajar region in the Eastern countryside of Hasaka which is controlled by the Kurdish People's Defense Units (YPG).

The airbase is located Southeast of the town of Rimelan, which is one of the YPG’s main strongholds and “largest arms and ammunition depots”. The US has not received or even asked for a permission from Damascus for reconstructing the airbase. The United States does not have a UN mandate for interventing in the Syria war. The airport will help enable Washington to add an additional safe place to land its forces, commando units for instance, and bring in military support to its allies who are working to finalize control over Southern Hasaka countryside, al-Akhbar said. The report came over a week after the Kurdish region said that the US and Kurdish forces were working together to construct a 10 hectare military airbase South of the town of Rimelan in the village of Rimelan al-Basha. “American experts are directly supervising the airbase with a Kurdish workforce,” the reports claimed, saying that US unmanned aerial vehicles (UAVs) had been flown from the facility to test it.

Translated from Arabic language Alrai Media (thanks to the reliable Fort Russ Russian news site), the senior Syrian officer at the operations room is quoted as saying: “Soon Syria will announce that any country using the airspace without coordinating with Damascus will be viewed as hostile and [we] will shoot the jet down without warning. Those willing to fight terrorism and coordinate with the military leadership will be granted safe corridors.” This may seem like a dangerous escalation. American fighter jets have been bombing Syrian territory since September 2014, having carried out thousands of air strikes allegedly against the Islamic State (IS) terror group (also known by its Arabic name Daesh). Since the Paris terror attacks last month, France has stepped up its air strikes in Syria too. In the past week, Britain and Germany parliaments have voted for their air forces to join the other NATO members in aerial operations. The US-led bombing coalition in Syria also includes Turkey, Saudi Arabia and Qatar. Russia is the only country whose military aircraft are legally deployed in Syria because Moscow has the full consent of the Syrian government. All the others do not have consent from Damascus. So we have at least seven foreign powers deploying their warplanes to bomb Syrian territory – all in violation of international law.

It is irrelevant whether the US-led alliance claims to be fighting terrorists, or whether they claim it is in “self-defence” as France, Britain and Germany are. The Germany justice minister Heiko Maas, speaking after the Bundestag voted for military action this week, claimed that the United Nations Security Council resolution passed last month in the wake of the Paris attacks makes the German intervention legal. That UNSC resolution does not specifically sanction military action. In any case, the ultimate legal criterion is the position of the Syrian state authorities. Western governments and their media have done everything to discredit, demonise and delegitimise the Syrian government. That’s part of the US-led criminal enterprise for regime change in Syria. But the fact remains, Syria is a sovereign state fully entitled the legal rights of all other UN members. If the Syrian government of President Bashar al-Assad – which is the internationally recognised governing authority of Syria and retains its seat at the UN – does not consent to foreign military intervention, then that intervention is illegal, as Moscow and Damascus have repeatedly pointed out. Syria, with the S-300 missile system supplied by its Russian ally, now has the technical means to defend its borders and airspace from all intruders. It also has the legal right to defend the inviolability of its territory. After all, US President Barack Obama invoked this right with regard to Turkey after the shoot-down of the Russian Su-24. Obama said Turkey had “every right to protect its skies” (even though the evidence shows that the Russian fighter jet did not breach Turkish territory). In other words: what’s good for Turkey is good for Syria, as for any other nation.

Now, some might say it is a reckless move for Syria to train its skies with the powerful S-300. If a US, French, British or German warplane is shot down then that may ignite a full-on war with the American NATO military alliance. Russia would inevitably be dragged into the fight, which could slide into a world war between nuclear powers. But hold on a minute. That logic amounts to the US and its allies using such fear as a weapon to disarm others and to prevent sovereign states from exercising their rights. Such a dynamic is a blank cheque for powers to bully and oppress others. As Russian President Vladimir Putin has said time and again, the issue is one abiding by international law. Without respect for international law then the world resorts to the law of the jungle and barbarism, as Putin said in his recent state of the nation speech. What we have seen in recent years since the US-led wars in Afghanistan and Iraq in 2001-2003 is the wholesale erosion of sovereignty. This has involved the overt deployment of military force and the covert use of “asymmetric war”, says American political analyst Randy Martin (who writes at crookedbough.com).

In a seminal decision updating and consolidating its previous jurisprudence on surveillance, the Grand Chamber of the European Court of Human Rights took a sideways swing at mass surveillance programs last week, reiterating the centrality of “reasonable suspicion” to the authorization process and the need to ensure interception warrants are targeted to an individual or premises. The decision in Zakharov v. Russia — coming on the heels of the European Court of Justice’s strongly-worded condemnation in Schrems of interception systems that provide States with “generalised access” to the content of communications — is another blow to governments across Europe and the United States that continue to argue for the legitimacy and lawfulness of bulk collection programs. It also provoked the ire of the Russian government, prompting an immediate legislative move to give the Russian constitution precedence over Strasbourg judgments. The Grand Chamber’s judgment in Zakharov is especially notable because its subject matter — the Russian SORM system of interception, which includes the installation of equipment on telecommunications networks that subsequently enables the State direct access to the communications transiting through those networks — is similar in many ways to the interception systems currently enjoying public and judicial scrutiny in the United States, France, and the United Kingdom. Zakharov also provides a timely opportunity to compare the differences between UK and Russian law: Namely, Russian law requires prior independent authorization of interception measures, whereas neither the proposed UK law nor the existing legislative framework do.

The decision is lengthy and comprises a useful restatement and harmonization of the Court’s approach to standing (which it calls “victim status”) in surveillance cases, which is markedly different from that taken by the US Supreme Court. (Indeed, Judge Dedov’s separate but concurring opinion notes the contrast with Clapper v. Amnesty International.) It also addresses at length issues of supervision and oversight, as well as the role played by notification in ensuring the effectiveness of remedies. (Marko Milanovic discusses many of these issues here.) For the purpose of the ongoing debate around the legitimacy of bulk surveillance regimes under international human rights law, however, three particular conclusions of the Court are critical.

The Court took issue with legislation permitting the interception of communications for broad national, military, or economic security purposes (as well as for “ecological security” in the Russian case), absent any indication of the particular circumstances under which an individual’s communications may be intercepted. It said that such broadly worded statutes confer an “almost unlimited degree of discretion in determining which events or acts constitute such a threat and whether that threat is serious enough to justify secret surveillance” (para. 248). Such discretion cannot be unbounded. It can be limited through the requirement for prior judicial authorization of interception measures (para. 249). Non-judicial authorities may also be competent to authorize interception, provided they are sufficiently independent from the executive (para. 258). What is important, the Court said, is that the entity authorizing interception must be “capable of verifying the existence of a reasonable suspicion against the person concerned, in particular, whether there are factual indications for suspecting that person of planning, committing or having committed criminal acts or other acts that may give rise to secret surveillance measures, such as, for example, acts endangering national security” (para. 260). This finding clearly constitutes a significant threshold which a number of existing and pending European surveillance laws would not meet. For example, the existence of individualized reasonable suspicion runs contrary to the premise of signals intelligence programs where communications are intercepted in bulk; by definition, those programs collect information without any consideration of individualized suspicion. Yet the Court was clearly articulating the principle with national security-driven surveillance in mind, and with the knowledge that interception of communications in Russia is conducted by Russian intelligence on behalf of law enforcement agencies.

Iraqi Prime Minister Haidar al-Abadi on Friday instructed the Foreign Ministry to lodge an official complaint to the UN Security Council over the deployment of Turkish troops in northern Iraq.A statement by Abadi's office said the incursion by Turkish troops "is blatant violation of the provisions and principles of the UN Charter and a violation to the sovereignty of the Iraqi state, which happened without the knowledge and consent of the Iraqi authorities."Iraq demands the UN Security Council "to shoulder its responsibilities and orders Turkey to withdraw its troops immediately, and to ensure unconditionally withdrawal to the internationally recognized border between the two countries," the statement said.

On Thursday, an Iraqi foreign ministry spokesman said that Iraq has contacted the five permanent member states of the UN Security Council for condemning Turkey's deployment of troops on Iraqi soil.He also said that Iraq demanded an Arab League extraordinary session to "discuss the consequences of the Turkish breach (to Iraqi sovereignty) and adopt an Arab stance against it."Iraq's latest move came a day after the Turkish President Recep Tayyip Erdogan said that withdrawing Turkish troops from Iraq is out of the question and that the Turkish soldiers are in Iraq as part of a training mission."Turkish troops in Mosul are not there as combatants; they are trainers. Their numbers may vary depending on the size of Kurdish Peshmerga troops. It is out of the question, for now, to pull them out," he said.The crisis between the two countries sparked last Friday when reports said a Turkish training battalion equipped with armored vehicles was deployed near the city of Mosul to train Iraqi paramilitary groups in fighting the ISIL terrorist group.Mosul, the capital of Nineveh province, has been under ISIL control since June 2014.

Baghdad has insisted that the Turkish troops had no authorization from the Iraqi government and thus demanded their withdrawal, while Ankara called the troops only a routine rotation of the trainers.

A military statement has ordered civilians to leave the "Islamic State"-held city, without giving further details. Some analysts believe a major US-led operation to retake the city is imminent.

Monday's statement was broadcast on Iraqi state TV, requesting that Ramadi civilians leave the city from its southern Himaira area. No further details were given. The announcement immediately fuelled speculation that a major operation by Iraqi forces to retake Ramadi from "Islamic State" ("IS") militants was about to begin. The statement followed three days of air strikes in Iraq and Syria by the US-led coalition fighting the jihadist group, and was issued after Iraqi forces cut the last "IS" supply line into the city by seizing a key bridge. IS militants were imposing a 5,500 euro ($6,000) levy for anyone who wanted to leave, the military said, adding that around 50,000 civilians have been prevented from traveling.

American and allied jets conducted seven strikes against "IS" positions around the city on Saturday and five on Sunday.

HE INTERCEPT HAS OBTAINED a secret, internal U.S. government catalogue of dozens of cellphone surveillance devices used by the military and by intelligence agencies. The document, thick with previously undisclosed information, also offers rare insight into the spying capabilities of federal law enforcement and local police inside the United States. The catalogue includes details on the Stingray, a well-known brand of surveillance gear, as well as Boeing “dirt boxes” and dozens of more obscure devices that can be mounted on vehicles, drones, and piloted aircraft. Some are designed to be used at static locations, while others can be discreetly carried by an individual. They have names like Cyberhawk, Yellowstone, Blackfin, Maximus, Cyclone, and Spartacus. Within the catalogue, the NSA is listed as the vendor of one device, while another was developed for use by the CIA, and another was developed for a special forces requirement. Nearly a third of the entries focus on equipment that seems to have never been described in public before.

The Intercept obtained the catalogue from a source within the intelligence community concerned about the militarization of domestic law enforcement. (The original is here.) A few of the devices can house a “target list” of as many as 10,000 unique phone identifiers. Most can be used to geolocate people, but the documents indicate that some have more advanced capabilities, like eavesdropping on calls and spying on SMS messages. Two systems, apparently designed for use on captured phones, are touted as having the ability to extract media files, address books, and notes, and one can retrieve deleted text messages. Above all, the catalogue represents a trove of details on surveillance devices developed for military and intelligence purposes but increasingly used by law enforcement agencies to spy on people and convict them of crimes. The mass shooting earlier this month in San Bernardino, California, which President Barack Obama has called “an act of terrorism,” prompted calls for state and local police forces to beef up their counterterrorism capabilities, a process that has historically involved adapting military technologies to civilian use. Meanwhile, civil liberties advocates and others are increasingly alarmed about how cellphone surveillance devices are used domestically and have called for a more open and informed debate about the trade-off between security and privacy — despite a virtual blackout by the federal government on any information about the specific capabilities of the gear.

ANY OF THE DEVICES in the catalogue, including the Stingrays and dirt boxes, are cell-site simulators, which operate by mimicking the towers of major telecom companies like Verizon, AT&T, and T-Mobile. When someone’s phone connects to the spoofed network, it transmits a unique identification code and, through the characteristics of its radio signals when they reach the receiver, information about the phone’s location. There are also indications that cell-site simulators may be able to monitor calls and text messages. In the catalogue, each device is listed with guidelines about how its use must be approved; the answer is usually via the “Ground Force Commander” or under one of two titles in the U.S. code governing military and intelligence operations, including covert action.

Microsoft has joined forces with Taser to combine the Azure cloud platform with law enforcement management tools.

Taser’s Axon body camera data management software on Evidence.com will run on Azure and Windows 10 devices to integrate evidence collection, analysis, and archival features as set forth by the Federal Bureau of Investigation Criminal Justice Information Services (CJIS) Security Policy. As per the partnership, Taser will utilize Azure’s machine learning and computing technologies to store police data on Microsoft’s government cloud. In addition, redaction capabilities of Taser will be improved which will assist police departments that are subject to bulk data requests. Currently, Taser is operating on Amazon Web Services; however this deal may entice police departments to upgrade their technology, which in turn would drive up sales of Windows 10. This partnership comes after Taser was given a lucrative deal with the Los Angeles Police Department (LAPD) last year, who ordered 7,000 body cameras equipped with 800 Axom body cameras for their officers in response to the recent deaths of several African Americans at the hands of police.

In order to ensure Taser maintains a monopoly on police body cameras, the corporation acquired contracts with police departments all across the nation for the purchase of body cameras through dubious ties to certain chiefs of police. The corporation announced in 2014 that “orders for body cameras [has] soared to $24.6 million from October to December” which represents a 5-fold increase in profits from 2013. Currently, Taser is in 13 cities with negotiations for new contracts being discussed in 28 more. Taser, according to records and interviews, allegedly has “financial ties to police chiefs whose departments have bought the recording devices.” In fact, Taser has been shown to provide airfare and luxury hotels for chiefs of police when traveling for speaking engagements in Australia and the United Arab Emirates (UAE); and hired them as consultants – among other perks and deals. Since 2013, Taser has been contractually bound with “consulting agreements with two such chiefs’ weeks after they retired” as well as is allegedly “in talks with a third who also backed the purchase of its products.”

Wednesday’s criminal referral by 11 House Republicans of former Secretary of State Hillary Clinton as well as several former and serving top FBI and Department of Justice (DOJ) officials is a giant step toward a Constitutional crisis. Named in the referral to the DOJ for possible violations of federal law are: Clinton, former FBI Director James Comey; former Attorney General Loretta Lynch; former Acting FBI Director Andrew McCabe; FBI Agent Peter Strzok; FBI Counsel Lisa Page; and those DOJ and FBI personnel “connected to” work on the “Steele Dossier,” including former Acting Attorney General Sally Yates and former Acting Deputy Attorney General Dana Boente. With no attention from corporate media, the referral was sent to Attorney General Jeff Sessions, FBI Director Christopher Wray, and U.S. Attorney for the District of Utah John Huber.  Sessions appointed Huber months ago to assist DOJ Inspector General (IG) Michael Horowitz.

This is no law-school case-study exercise, no arcane disputation over the fine points of this or that law. Rather, as we say in the inner-city, “It has now hit the fan.”  Criminal referrals can lead to serious jail time.  Granted, the upper-crust luminaries criminally “referred” enjoy very powerful support.  And that will come especially from the mainstream media, which will find it hard to retool and switch from Russia-gate to the much more delicate and much less welcome “FBI-gate.” As of this writing, a full day has gone by since the

letter/referral was reported, with total silence so far from The New York Times and The Washington Post and other big media as they grapple with how to spin this major development. News of the criminal referral also slipped by Amy Goodman’s non-mainstream DemocracyNow!, as well as many alternative websites. The 11 House members chose to include the following egalitarian observation in the first paragraph of the letter conveying the criminal referral: “Because we believe that those in positions of high authority should be treated the same as every other American, we want to be sure that the potential violations of law outlined below are vetted appropriately.” If this uncommon attitude is allowed to prevail at DOJ, it would, in effect, revoke the de facto “David Petraeus exemption” for the be-riboned, be-medaled, and well-heeled.

The Russian Defense Ministry, on Thursday, warned that it could shoot down U.S. missiles and unidentified flying objects in Syrian airspace if they were used against Syrian government forces or a situation occurred where there wasn’t sufficient time to identify the flight path and eventual targets.

Russian Defense Ministry Spokesman Igor Konashenkov stated that “One should really be aware that crews of Russian air defense systems are unlikely to have time to clarify via a direct line, the accurate flight programs of missiles and who their carriers belong to”. Konashenkov’s statement came after U.S. media reported that Washington is considering plans to launch air strikes against the Syrian Arab Army. Konashenkov noted that the Syrian Arab Army is now equipped with effective Russian-made S-200, BUK and other air defense missile systems. Moreover, he said, the Russian forces in Syria have deployed the advanced S-400 as well as S-300 anti-aircraft and anti missile systems. He added that the range of these systems “may come as a surprise to any unidentified flying objects”. The Russian Defense Ministry Spokesman stressed that any missile strikes against territories controlled by the Syrian government might present a threat to Russian servicemen working for the Russian Center for Reconciliation in Syria. “I would recommend to colleagues in Washington that they carefully calculate possible consequences of such plans,” he added.

Top Secret Minutes of Politburo discussion show Soviets learned the lessons of Chernobyl Open U.S.-Soviet communication regarding the accident on the eve of the Reykjavik summit of Reagan and Gorbachev

Thirty years ago, a Soviet nuclear submarine with about 30 nuclear warheads on board sank off U.S. shores north of Bermuda as Mikhail Gorbachev and Ronald Reagan were preparing for their historic summit in Reykjavik, Iceland.  But instead of Chernobyl-style denials, the Soviet government reached out to the Americans, issued a public statement, and even received offers of help from Washington, according to the never-before-published transcript of that day’s Politburo session, posted today by the National Security Archive. The submarine, designated K-219, suffered an explosion in one of its missile tubes due to the leakage of missile fuel into the tube on October 3.  The 667-A project Yankee-class boat was armed with 16 torpedoes and 16 ballistic missiles. After the initial explosion, the crew members heroically put out fire and were forced to shut down the nuclear reactors manually because the command-and-control equipment had been damaged.  Three crew members died in the blast and fire. Senior Seaman Sergey Preminin stayed in the reactor compartment to shut down reactors, and could not be evacuated.  The rest escaped safely. Initially, it seemed the submarine could be salvaged; it was attached to the Soviet commercial ship Krasnogvardeisk for towing.  However, the tow cord broke for unknown reasons and the submarine sank.  Submarine Commander Captain Second rank Igor Britanov stayed with the sub until its final moments.  He initially came under investigation at home but all charges were removed in 1987.  According to statements by U.S. Vice Admiral Powell Carter, the submarine did not present a danger of nuclear explosion or radioactive contamination, as was reported by the New York Times.[1]

The Politburo also heard a report from Deputy Defense Minister Chief of Navy Admiral Vladimir Chernavin.  Other members present express concerns about a possible U.S. effort to salvage parts of the submarine and gain access to design information.  But Chernavin assures them that the boat design is outdated and therefore is not of any interest to the Americans.  Another major concern raised is the possibility of a nuclear explosion or radioactive contamination due to water pressure at extreme depths.  Chernavin cites Soviet Navy commission experts who ruled out the possibility of a nuclear detonation and concluded that contamination would happen over a long period and would not reach the surface.

There is no consensus within the administration about what the United States can or should do to try to bring a halt to the killing and stop what appears to be the increasingly inevitable fall of Aleppo, Syria’s largest city, to government forces.

But last Thursday, as the discussion moved up the chain to a contentious White House meeting of national security principals, top defense officials made clear that their position had not changed. They advised a possible increase in weapons aid to opposition fighters but said the United States should focus its own military firepower on the anti-Islamic State mission rather than risk a direct confrontation with Russia. Asked about the perception of a double shift, a senior defense official said the Pentagon’s position had not changed. “We still believe there are a number of ways to bolster the opposition and not compromise the anti-Islamic State mission,” this official said.

But others felt that they had been spun by the defense leadership. Amid increasing internal tension, one senior administration official insisted that both the Syrian opposition and U.S. allies have pressed for a continuation of negotiations and discouraged talk of military intervention. Obama’s position on the subject, this official said, has been “consistent. We do not believe there is a military solution to this conflict. There are any number of challenges that come with applying military force in this context.” In Obama’s recent speech at the United Nations, the official noted, Obama repeated that “there’s no ultimate military victory to be won” in Syria. Instead, Obama said, “we’re going to have to pursue the hard work of diplomacy that aims to stop the violence, and deliver aid to those in need, and support those who pursue a political settlement.” No proposals have been presented to Obama for a decision, and some in the administration think the White House is willing to let time run out on Aleppo, in part to preserve options for a new administration.