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Paul Merrell

Is NSA Surveillance Mastermind Keith Alexander Selling US Secrets to Wall Street? | VIC... - 0 views

  • Perhaps you already assume that there's some kind of twisted marriage between Wall Street megabanks and the US global surveillance regime. Why wouldn't there be? But not even a total cynic could have anticipated spymaster Keith Alexander cashing in this hard, this fast. As Bloomberg recently reported, the former National Security Agency chief, who resigned in March at the age of 62, quickly offered his cyber-security expertise at the eye-popping price of $1 million per month to an assortment of shady business lobbies. And now at least one member of Congress is probing this most delightfully dystopian of arrangements, raising the possibility that Alexander will be shamed out of the practice, if nothing else. “Disclosing or misusing classified information for profit is, as Mr. Alexander well knows, a felony. I question how Mr. Alexander can provide any of the services he is offering unless he discloses or misuses classified information, including extremely sensitive sources and methods,” Florida Democratic Rep. Alan Grayson wrote one of the business groups, the Security Industries and Financial Markets Association (SIFMA), which holds it down for Wall Street in Washington. “Without the classified information that he acquired in his former position, he literally would have nothing to offer to you.”
  • In an interview Monday, Grayson was even more strident in his criticism. "Frankly, what the general is doing is beginning to resemble an extortion racket," he told me. "This is a man who basically lied for a living, and he continues to do that." To be clear, what's uniquely outrageous about Alexander, who has apparently lowered his asking price to $600,000, is not that he is a former US official dangling his alleged expertise and the allure of privileged access to government officials before Wall Street. Former Secretary of State Hillary Clinton, who served under Barack Obama and is the odds-on favorite to succeed him, does this all the time, usually at a rate of about $250,000 a pop. (Indeed, one might argue that the very fact she has managed to do so while enjoying a stellar national reputation is what signaled to Alexander he might as well dive headlong through the revolving door.) But the former NSA head presumably knows things about sophisticated intelligence-gathering practices that very, very few people on Earth have been privy to—information that could be useful in the private sector, which has a tendency to collude with the military in ways that made former President and World War II General Dwight Eisenhower very sad.
  • "What could he possibly have that's worth $1 million a month other than classified information?" wonders Melanie Sloan, founder of Citizens for Responsibility and Ethics in Washington (CREW), a good government group. "That's more than former presidents make." Indeed, even former President Bill Clinton, whose corruption since leaving office is by now the stuff of legend, doesn't have the gall to ask for that much per gig. There's a sort of "fuck it!" attitude to what Alexander is doing, seemingly kicking sand in the face of everyone angry at his surveillance regime by getting paid to reflect on the experience of assembling it. More ominously, there's the prospect that Alexander, whether deliberately or otherwise, may have left behind vulnerabilities while running the NSA so as to put himself in prime position to effectively hold the banks hostage now. Certainly, there have been reports suggesting the agency was aware of some vulnerabilities it either could or did not address.   "What is especially troubling is he might actually be worth it," says former North Carolina Democratic Congressman Brad Miller, who worked extensively on financial regulation and Wall Street reform in Congress. "He's obviously not a computer geek. Some of the things that might have seemed paranoid a few years ago now seem more than plausible given what we've already learned the NSA has been doing."
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  • In an email, former New York Times reporter and Goldman Sachs regulatory guru Stephen Labaton—who is currently president of communications and influence powerhouse RLM Finsbury and apparently fielding the General's media inquiries—dismissed Grayson's critique and Miller's concerns. "The letter is ludicrous," he wrote me, before adding about Miller, "The congressman’s kidding, right? Will he [Alexander] next be tied to the Kennedy assassination?" But as Marcy Wheeler points out, given that the former NSA boss has spent the last year hyping the incredible risk of catastrophic cyber-attack, as well as the alleged damage done by Edward Snowden (an assessment his successor does not seem to share), it's fair to ask if his consultancy is essentially a scam. That the victims are, for now, Wall Street bankers—some of the least sympathetic human beings around—is a sweet bit of irony. But it doesn't change the bigger picture: In this age of total surveillance and unchecked financial power, the frontiers of corruption never seem to stop expanding.
Paul Merrell

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

  • 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.
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  • 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.
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    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
Paul Merrell

Why Russia Matters to the Boston Bombing Suspect's Defense - WhoWhatWhy - 0 views

  • But a close look at the nature of the information Tsarnaev’s defense team has repeatedly requested from prosecutors in motions to the court suggests Tsarnaev’s lawyers are trying to pry loose something about the government’s relationship with the Tsarnaevs prior to the bombing on April 15, 2013.The key to this relationship may lie in a store of information that the Russians delivered to U.S. investigators in the days after the bombing. Equally, it may be found in warnings Moscow delivered to U.S. investigators before the attack. Either way, the U.S. government has fought hard to keep the lid on what it knows.The defense team’s motive in asking for such information is clear enough: they are angling for anything that might convince jurors to spare their client’s life. But the government’s stonewalling raises serious questions about why it wants to keep secret what the Russians knew about the Tsarnaevs, and how and when this information reached the FBI and the CIA.
  • Already, Tsarnaev is facing an uphill battle because of a widespread presumption of his guilt—a presumption fed, in large part, by law enforcement leaks and an unquestioning media. The FBI has been waging an apparent war on witnesses, characterized by the scorched-earth tactic of intimidating, arresting, deporting, and, in one case, killing them. That has rendered them inaccessible to Tsarnaev’s defense.These hardball tactics appear to be just part of the government strategy of suppressing information in the case. The Justice Department’s trump card is the ability to withhold information based on national security claims. That is in addition to an overwhelming financial advantage.
  • The defense team has thus repeatedly had to ask U.S. District Judge George A. O’Toole Jr. to compel the government to release information. That has eaten up a lot of time critical in preparing the defense case.Not that Tsarnaev has been given much of it. One statistic tells the story: Tsarnaev’s team has had about half of the preparation time that defense lawyers in federal death penalty cases have been granted over the past decade—18 months versus a median of 36. So the prospects for getting the whole story behind the bombing laid out in open court look bleak.
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  • All of this brings up numerous questions, not the least of which are:
  • But is there more to the government’s obstruction tactics? Is there something in those conversations that the government doesn’t want to come up at trial? After all, it was the Tsarnaev family that repeatedly claimed the FBI tried to recruit Tamerlan as an informant—a claim the agency quickly batted down as ridiculous.However, the aggressive and well-documented efforts by the FBI to infiltrate the Muslim community with informants and provocateurs makes the FBI’s denials ring a little hollow.
  • But is there another reason for the government’s stonewalling? Is the deeper motive to suppress evidence that could uncover serious government misjudgments or, worse, malfeasance?Despite the fact that the U.S. government’s relationship with the Tsarnaevs prior to the bombing has great relevance to victims of the bombing—and to the public at large—current national security classification rules make it unlikely that such information will ever see the light of day.It’s important to note that defense lawyer Clarke has made a career out of keeping high-profile individuals presumed to be guilty out of the proverbial electric chair. In this case, maybe she senses a cover-up.In the process of trying to keep Tsarnaev alive, it may be that she and her team will make a crack in the walls protecting the truth about what the government knew, and when.
Paul Merrell

BOSTON WRONG: Marathon Bombing Evidence "As Seen on TV" - WhoWhatWhy - 0 views

  • The story of the Boston Marathon Bombing is rife with contradictions, canards, misconceptions and blatant untruths. Boston Wrong is part of WhoWhatWhy’s attempt to set the record straight. This is the first in an occasional series of articles debunking the faulty stories and “facts” which persist, despite evidence to the contrary. *** Verbal intimations by government officials and a TV re-enactment have given some potential Boston Marathon bombing jurors the mistaken belief they have seen a video of suspect Dzhokhar Tsarnaev setting down a bomb-laden backpack in front of a restaurant. There’s just one problem: that footage has never been made available to the public. During jury selection on Jan. 26, Juror 186 said she believes Tsarnaev is guilty because of the “surveillance video from Lord & Taylor,” a department store across the street from the Forum restaurant. Early media reports suggested that the store’s dome surveillance camera captured Tsarnaev dropping his backpack at the spot of the second explosion.
  • What the public has seen, however, is a re-creation of the footage in a made-for-TV docudrama by National Geographic called “Inside the Hunt for the Boston Bombers.” While the movie provides a disclaimer that some of the video has been re-created for effect, the purposefully grainy footage of an actor playing Tsarnaev doesn’t specifically mention that it’s a recreation. In fact, an Arizona production company filmed the re-enactment on a Phoenix street using extras and other actors.
  • Tsarnaev’s attorneys have filed three motions asking that the trial be moved outside of Boston because of pre-trial publicity, arguing that Tsarnaev can’t get a fair hearing in the city. More than 68 percent of the potential jurors already think he’s guilty. That kind of lopsided number is no surprise when all the evidence some jurors need to convict is a made-for-TV docudrama.
Paul Merrell

The DEA isn't just tracking license plates - it's taking pictures of vehicles' passenge... - 0 views

  • The Drug Enforcement Administration is collecting information about more than just license plates with the tracking system revealed by the American Civil Liberties Union. Documents released by the ACLU this morning show that the DEA is also using the license plate readers (LPRs) on which this system relies to capture photographs of a vehicles’ passengers. The images can then be run through facial recognition software. This is meant to give the DEA more context about the people whose movements it’s tracking with this program, which gathers data from more than 100 LPRs managed by an unknown number of police departments around the country to aid in their investigations. The program was originally meant to assist with civil asset forfeiture cases, but it has since expanded to assist departments approved by the El Paso Intelligence Center with investigations into murders, rapes, and other crimes, the Wall Street Journal reports.
  • Previous reports indicated that the DEA was collecting license plate information about “millions” of Americans. That figure might be low if it didn’t account for the number of plates collected versus the number of people in a vehicle when these images are taken. Either way, this program represents a clear violation of privacy for many Americans, most of whom didn’t know the DEA could collect this information. As I wrote before: The result is a national surveillance program with an unknown number of contributors offering up location data about millions of Americans; all to a database used by an untold number of police departments without any public oversight regarding their searches.
  • That’s a problem. Backchannel reported in December that police have used their access to license plate readers to stalk former colleagues, and IB Times revealed earlier this month that Gov. Chris Christie (R-NJ) used location data to smear a political rival. Perhaps the DEA will support the program by claiming that learning who is in a vehicle isn’t much different from learning where the vehicle was going — it could all be considered metadata, and the government considers that information to be fair game.
Paul Merrell

Britain and Canada Involved in Foiled US Venezuelan Coup Plot | Global Research - 0 views

  • Britain and Canada were co-conspirators in the latest plot to topple Venezuela’s government. TeleSUR provided detailed coverage of Washington’s war on Venezuelan democracy. Its dirty hands manipulate violence and instability worldwide. US funded and supported key opposition fascist figures Antonio Ledezma, Maria Corina Machado and Leopoldo Lopez released a joint February 11 communique a day before the foiled coup. Titled “A Call on Venezuelans for a National Accord for the Transition,” it promoted regime change. Called for Venezuela to be handed back to monied interests. Called Bolivarian fairness “anti-democra(tic)…inefficient and… corrupt.” Run by “an unscrupulous elite (making) the State totalitarian.” Creating “a humanitarian crisis.” “(T)he Maduro government has entered a terminal phase.” Claimed it’s “the duty of every democrat to help resolve the current crisis, to defend freedom…to make the transition…(to restore) democratic order.”
  • Ledezma, Marhado and Lopez want Maduro’s government violently overthrown, democracy crushed. Washington, Britain and Canada hatched the latest plot to return Venezuela to its bad old days. TeleSUR reported new details. “Fresh evidence” showing their involvement, saying: “Many of the individuals being charged, included a military general – whom has confessed to participating in the plans – and a retired lieutenant colonel – have indicated you (fascist Justice Party president Julio Borges) as being a key participant in meetings, which resulted in the decision to carry out a series of bombing attacks as a part of the coup, targeting the Presidential Palace, the National Assembly,” key ministries, TeleSUR’s offices, and other Caracas sites. Venezuelan authorities identified US embassy personnel involved. So were a Royal Canadian Mounted Police official and UK diplomatic core member, according to National Assembly President Diosdado Cabello. They sought information on airport capabilities in case needed in an emergency.
  • Computers seized had detailed coup plans, including maps showing targets to be bombed. A video showed military officials announcing Maduro’s government no longer was recognized. It was scheduled to be aired after planned bombings were launched. Either by a Venezuelan or Miami TV station. Cabello showed a 10-year visa given to one of the plotters days ahead of the planned coup. He noted Obama’s recent statement about “American leadership at times entail(ing) twisting the arms of states which don’t do what we need them to do.” He said coup plotters planned to topple Venezuela’s government forcefully on the anniversary of US-manipulated 2014 street violence. Killing 43. Injuring hundreds. Causing billions of dollars in physical and economic damage. US planned, funded, implemented and directed economic, political, and street warfare continues to topple the hemisphere’s most vibrant democracy. On Saturday, Maduro addressed Venezuelans a second time on national television. Following up on his Thursday coup plot revelations.
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  • Explaining more details of Washington’s scheme to oust him forcefully. “Almost all (opposition) leaders knew about this plan, this ambush, almost all of them, including the four-time losing candidate,” Maduro explained. Referring to Henrique Capriles Radonski. One of many Venezuelan fascists wanting power back the old-fashioned way. “I’m not saying all of them were actively involved,” Maduro said. “But it was a rumor circulating amongst them, that something was about to happen. Figures arrested confessed to the plot, Maduro explained. They provided more evidence of Washington’s scheme. It involved enlisting Venezuelan political and military officials. Bribing them with large cash payments. America’s Caracas embassy was coup plot headquarters. Maduro called on Obama to stop interfering in Venezuelan affairs, saying: “In your name, they are organizing coup plots against (Venezuela’s) democratically elected government…” Bolivian President Evo Morales expressed solidarity with Maduro saying “(w)e all have the obligation to enforce respect for democracy and elections, and if we have a clear conscious, not even the empire can defeat us.”
  • Maduro received numerous other messages of support. Nicaraguan President Daniel Ortega condemned the “criminal and futile attempts of the empire to undermine the Bolivarian Revolution.” From Mexico City, the Network of Intellectuals, Artists and Social Movements in Defense of Humanity expressed solidarity in an official statement. It condemned plans to topple Venezuela’s government. TeleSUR reported civil and political organizations worldwide expressing solidarity with Venezuela. Union of South American Nations (UNASUR) Secretary General Ernesto Samper denounced plans to oust Maduro. Venezuelan opposition spokesman Jesus Torrealba lied saying “(t)he government makes up these stories about coups to avoid talking about how the country is breaking down.”
  • State Department spokeswoman Jen Psaki lied calling accusations about Washington plotting Maduro’s ouster “ridiculous.” She absurdly added: “(T)he United States does not support political transitions by non-constitutional means.” “Political transitions must be democratic, constitutional, peaceful, and legal.” “We have seen many times that the Venezuelan Government tries to distract from its own actions by blaming the United States or other members of the international community for events inside Venezuela. These efforts reflect a lack of seriousness on the part of the Venezuelan Government to deal with the grave situation it faces.”
Paul Merrell

When Snowden Speaks, Future Lawyers (and Judges) Listen - Slashdot - 0 views

  • We are witness to a historic first: an individual charged with espionage and actively sought by the United States government has been (virtually) invited to speak at Harvard Law School, with applause. [Note: all of the following links go to different parts of a long YouTube video.] HLS Professor Lawrence Lessig conducted the hour-long interview last Monday with a list of questions by himself and his students. Some interesting segments from the interview include: Snowden's assertion that mass domestic intercept is an "unreasonable seizure" under the 4th Amendment; that it also violates "natural rights" that cannot be voted away even by the majority; a claim that broad surveillance detracts from the ability to monitor specific targets such as the Boston Marathon bombers; him calling out Congress for not holding Clapper accountable for misstatements; and his lament that contractors are exempt from whistleblower protection though they do swear an oath to defend the Constitution from enemies both foreign and domestic.
  • These points have been brought up before. But what may be most interesting to these students is Snowden's suggestion that a defendant under the Espionage Act should be permitted to present an argument before a jury that the act was committed "in the public interest." Could this help ensure a fair trial for whistleblowers whose testimony reveals Constitutional violation?
Paul Merrell

Lincoln Chafee Says He'll Push Hillary Clinton on Privacy, Hound Her on Iraq - US News - 0 views

  • Lincoln Chafee, the former Rhode Island governor and senator, says the Democratic Party needs a presidential candidate who will champion Americans’ constitutional rights and scorn unnecessary wars – and that he may be the right person for the job. Chafee unexpectedly launched a presidential exploratory committee Thursday and tells U.S. News he intends to make civil liberties a major part of his likely campaign, with an anti-mass surveillance message similar to those trumpeted by Republican candidates Sens. Rand Paul and Ted Cruz. The National Security Agency’s dragnet collection of phone records violates Americans’ Fourth Amendment rights, Chafee says, offering a sharp contrast to the difficult-to-discern and vague positions of other prospective Democratic candidates. “The words of the Fourth Amendment are very clear: You need a warrant. That’s strict language, and ‘no warrants shall issue, but upon probable cause,’” he says. “It’s not complicated.”
  • If he jumps into the race, Chafee says he will seek to pressure front-runner Hillary Clinton – expected to announce her candidacy on Sunday – to bend toward pro-civil liberties positions, though he says he wants to be fair and credits Clinton for previously opposing immunity for companies who allegedly complied with government surveillance. Chafee, from a prominent political family, was a liberal Republican in the U.S. Senate from 1999 to 2007. He was elected Rhode Island governor in 2010 as an independent and became a Democrat in 2013. He did not seek a second term and left office in January. As a senator, Chafee voted for the USA Patriot Act in 2001 (as did Clinton) and to renew expiring provisions of the act in 2006. He says he, like Patriot Act author Rep. Jim Sensenbrenner, R-Wis., was shocked to learn from whistleblower Edward Snowden that the executive branch interpreted the law as allowing the bulk collection of U.S. phone records. “I don't believe it granted any power to tap phones or any other surveillance without a warrant. That’s a definite stretch,” he says.
  • Chafee says he plans to announce a position on pardoning Snowden in the near future and says he’s also considering his position on marijuana legalization. Most Americans favor legalization, polls show, but few mainstream politicians do. “That’s another issue that will evolve during the campaign,” he says.
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  • One issue about which Chafee has firmly made up his mind is the 2003 U.S. invasion of Iraq. He voted against the invasion in 2002, while Clinton voted in favor – a move she later described as a mistake. Her vote helped Barack Obama rally progressives to his side and against Clinton in 2008, and Chafee says it still should make her an unacceptable pick. “It’s not a dead issue because we live with the effects of that vote today," he says. "The turmoil in the Middle East and North Africa is all because of that mistake we made in authorizing President Bush in 2002 to invade Iraq. Even though it was a long time ago, we live with the damage today.”
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    Hillary: wrong on war in Iraq. Wrong on war in Libya. Appointed neocons in the State Department who brought us war in Ukraine. Too trigger happy to be trusted to lead the nation. 
Paul Merrell

What Sanctions? The Russian Economy Is Growing Again - 0 views

  • Six months ago, the price of oil—the lifeblood of the Russian economy—began to crater, and U.S.-led sanctions, implemented in the wake of Russia’s annexation of Crimea in Ukraine, were biting. Russia’s currency, the ruble, buckled, and capital flight began to accelerate as rich but nervous Russians moved more and more money out of the country. It seemed plausible then to wonder: Could Vladimir Putin be losing his grip? Might economic pressure be enough to rein him in, or even lead to his downfall?Today, the answer is becoming clear—and it’s not the one the West was hoping for. Not only is Putin still standing, but the Russian economy, against most expectations, is recovering. Its stock market is one of the best performing globally this year; the ruble, after losing nearly half its value against the dollar over the course of a year, is rebounding; interest rates have come down from their post-sanctions peak; the government is taking in more revenue than its own forecast expected; and foreign exchange reserves have risen nearly $10 billion from their post-crisis low.
  • The lower price of oil still hurts. Citicorp economists estimate that every $10 decline in the price of Brent crude shaves 2 percent from Russia’s gross domestic product (GDP). Further declines—not out of the question, given that Saudi Arabia, the world’s largest and lowest-cost producer, is still pumping record amounts of crude—will crimp growth even more. But those same Citicorp economists forecast that GDP, after contracting for the past 18 months, could now begin to grow at up to 3.5 percent per year, even without a recovery in crude prices.
  • Though better run than many Russian firms, Severstal is not an outlier. According to data from Bloomberg, some 78 percent of Russian companies on the MICEX index showed greater revenue growth in the most recent quarter than their global peers did. And Russian companies on the whole are now more profitable than their peers on the MSCI Emerging Markets index.What’s bailing out Moscow? For the second time in two decades, Russia is showing that while a sharp drop in its currency’s value does bring financial pain—it raises prices for imports and makes any foreign debt Russia or its companies have taken on that much more expensive in ruble terms—it also eventually produces textbook economic benefits. Since a devaluation raises import prices, it also paves the way for what economists call “import substitution,” a clunky way to say that consumers switch to buying less pricey products produced at home instead of imported goods.
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  • For companies such as Severstal, which exports nearly 20 percent of its output, the benefits of devaluation are obvious: All of the costs that go into producing steel in Russia—iron ore, manganese, nickel, labor, electricity—are priced in rubles. That means the companies’ costs relative to their international competitors’ have plummeted. At the same time, any steel they sell abroad is priced in either U.S. dollars or euros—both of which have risen in value against the ruble. When the companies bring those sales dollars home, they are worth far more in rubles than they were a year ago.The same phenomenon applies in a big way to Russia’s vast energy sector. Moscow exports huge amounts of oil and gas, and brings in dollars for it. That’s why Rosneft, a huge oil producer with close ties to Putin’s Kremlin, reported a revenue increase of 18 percent last year, compared with an increase of less than 1 percent for its international competitors, according to Bloomberg data. This is a big part of the reason why Russia’s tax revenue has not fallen off a cliff, mitigating somewhat the pain of last year’s crisis. Russia’s oil output is still near record highs—one of the reasons, along with continued full-tilt Saudi output, that prices remain so weak.
  • The world shouldn’t have been surprised by what has happened. More or less the same thing happened in 1998, when the Asian financial crisis spread to Russia and Moscow both defaulted on its international debt and devalued the ruble. There was an immediate negative economic shock, followed by an import substitution-led recovery that was sharper than most international economists at the time believed would occur. “This argues for an economic recovery now similar in nature, if not necessarily in magnitude, to the one after 1998,” says Ivan Tchakarov, an economist at Citicorp.
  • When oil prices crumbled last year, there was a fair bit of hope in Western capitals that the pain would do what sanctions hadn’t yet: force a Russian climbdown in Ukraine, and perhaps prompt Putin to turn back inward and tend to his troubles at home.Maybe that was wishful thinking. Whatever the case, it’s now a moot point. The Russian economy is showing enough resilience that it appears unlikely to check Putin’s behavior abroad. Public opinion surveys at home provide little evidence that the people have turned on him. For Washington and its allies, the time for wishful thinking is over. Vladimir Putin is not going anywhere. 
Paul Merrell

These Are all the Countries Where the US Has a Military Presence | Global Research - Ce... - 0 views

  • On Mar. 24, US president Barack Obama announced that all 9,800 US troops currently stationed in Afghanistan will remain until the end of 2015. This generated a fair amount of criticism: it was, after all, Obama’s promise that the last American troop would leave the country in 2014. How have Obama’s plans for pulling out of Afghanistan fared so far? http://t.co/avoxwJzzQw pic.twitter.com/3S5FJ3lgho — FiveThirtyEight (@FiveThirtyEight) March 26, 2015
  • Those expecting the US to leave Afghanistan, however, should take a minute to consider this: the US still hasn’t left Germany. In fact, there are quite a few places the US hasn’t left, and while certainly most of them don’t pose a threat to American soldiers, they reveal a pattern about the US staying, rather than leaving. According to official information provided by the Department of Defense (DoD) and its Defense Manpower Data Center (DMDC) there are still about 40,000 US troops, and 179 US bases in Germany, over 50,000 troops in Japan (and 109 bases), and tens of thousands of troops, with hundreds of bases, all over Europe. Over 28,000 US troops are present in 85 bases in South Korea, and have been since 1957. Altogether, based on information contained in the DoD’s latest Base Structure Report (BSR), the US has bases in at least 74 countries and troops practically all over the world, ranging from thousands to just one in some countries (it could be a military attaché, for instance).
  • By comparison, France has bases in 10 countries, and the UK has bases in seven. Calculating the extent of the US military presence abroad is not an easy task. The data released by the Department of Defense is incomplete, and inconsistencies are found within documents. Quartz has requested clarification from the Department of Defense, but hasn’t received a response. In his forthcoming book Base Nation: How US Military Bases Abroad Harm America and the World, David Vine, associate professor of anthropology at American University details the difficulties of assessing the US military presence abroad. He writes: according to the most recent publicized count, the U.S. military currently still occupies 686 “base sites” outside the fifty states and Washington, DC. While 686 base sites is quite a figure in its own right, that tally strangely excludes many well-known U.S. bases, like those in Kosovo, Kuwait, and Qatar. Less surprisingly, the Pentagon’s count also excludes secret (or secretive) American bases, like those reported in Israel and Saudi Arabia. There are so many bases, the Pentagon itself doesn’t even know the true total. That is not the only issue—even a definitive count of bases would include a wide range of facilities. “Base” itself is an umbrella term that includes locations referred to as “post,” “station,” “camp,” or “fort” by different military bodies. Vine explains:
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  • bases come in all sizes and shapes, from massive sites in Germany and Japan to small radar facilities in Peru and Puerto Rico. […] Even military resorts and recreation areas in places like Tuscany and Seoul are bases of a kind; worldwide, the military runs more than 170 golf courses. The map below represents US military bases abroad, according to the official BSR, and from independent research conducted by Vine (and Quartz) using verified news reports as well as cross-referencing information with Google Maps. This map does not take into account NATO bases, including a rumored base in Turkmenistan and a base in Algeria, reported by Wikileaks to be a suspected US base.
Paul Merrell

US May Be Complicit in War Crimes in Yemen | Al Jazeera America - 0 views

  • 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.
Paul Merrell

Investigation Finds World's Largest Coal Company Misled Public On Climate Change | Thin... - 0 views

  • The world’s largest private coal company misled its investors and the public about the financial risks of climate change, New York state’s attorney general announced on Monday. In a press release, Attorney General Eric Schneiderman said Peabody Energy violated New York laws prohibiting “false and misleading conduct” in public statements about its business. Specifically, Schneiderman found that Peabody failed to tell its investors about how regulations to fight climate change could hurt the coal industry. Instead, Peabody insisted it had no idea how climate regulations would affect its business, and provided its investors with “incomplete and one-sided discussions” of the future of coal in a climate-concerned world, Schneiderman said.
  • “As a publicly traded company whose core business generates massive amounts of carbon emissions, Peabody Energy has a responsibility to be honest with its investors and the public about the risks posed by climate change, now and in the future,” Schneiderman said in a statement. “I believe that full and fair disclosures by Peabody and other fossil fuel companies will lead investors to think long and hard about the damage these companies are doing to our planet.” The state laws Peabody was found to have violated are the Martin Act and Executive Law, both of which “prohibit false and misleading conduct in connection with securities transactions,” the attorney general said. Peabody did not admit or deny those findings, but signed a document on Sunday agreeing to revise its shareholder disclosures with the Securities and Exchange Commission. Per that document, Peabody will have to correct its financial statements to be honest about how a global climate deal or other carbon regulation could hurt its business. The document can be found in full here.
  • Peabody’s violations will not result in financial punishment, as both laws only allow monetary penalties if shareholders need to be reimbursed for financial losses. It’s difficult to know what, if any, financial harm was passed on to shareholders due to Peabody’s misleading statements, since this particular situation was about the future risks of climate change. If in the future, however, investors find that Peabody’s misleading statements cost them money, they would likely have the option to sue. The settlement comes just a few days after the two-year investigation became public. On Friday, Scheiderman announced that his office had issued subpoenas to both Peabody and oil company ExxonMobil, both related to the fossil fuel giants’ public statements on climate change.
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  • Environmentalists and Democratic politicians have accused ExxonMobil of engaging in a cover-up to mislead the public about the risks of human-caused climate change in order to sell more of its carbon-intensive product. Exxon has vehemently denied the accusation. Either way, Schneiderman’s two investigations are sparking serious legal discussion about how honest fossil fuel companies must be when it comes to the carbon emissions they create — especially if honesty might mean knowingly lowering profits. Should coal companies be forced to admit that their coal is creating a climate risk? If so, should they be allowed to fund politicians who advocate against climate action? Are these corporate activities protected free speech? Bloomberg View columnist Matt Levine offered a nuanced discussion of those questions on Friday. And ultimately, he said, it may just come down to whether these companies lied to their own investors — even if the lie was in their investors’ financial interest. “If you lie to the public about the risks that fossil fuel use poses to life on earth, you are just exercising your right as a citizen,” Levine wrote. “But if you lie to your investors about the risks that fossil fuel regulation poses to your stock price, you are committing fraud and will get in bad trouble.”
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    "If you lie to the public about the risks that fossil fuel use poses to life on earth, you are just exercising your right as a citizen," Levine wrote. Correction. Corporations are not citizens; only human beings can achieve that status.  
Paul Merrell

What Obama Should Have Told Bibi - The Unz Review - 0 views

  • For what it’s worth, this is what I propose Obama should have said to Bibi but didn’t, with a transcript of the conversation also faxed over to Ron Lauder at the World Jewish Congress: “Nice to have you back Prime Minister, but not really as it’s close to lunchtime, to which, incidentally, you are not invited. Why don’t you stay home? You have been interfering in our politics and denigrating both me personally and my office for far too long. How would you like it if I were to go to Israel and endorse one of your opponents? If you keep up this crap I will revoke your visa and you’ll never visit here again.” “And by the way, your plan to expel thousands of Arabs from East Jerusalem and to shoot kids throwing stones at your occupying army is not acceptable to us. And then there are new reports of your harvesting organs and other medical transplant material from the bodies of Palestinians that you have killed. There’s a long history of that in your country, but it’s a bit much even by your standards, isn’t it, and it begs the question whether there is anything that you won’t do. Next time a motion comes up in the United Nations condemning your brutality we will support it. Maybe we’ll co-sponsor or even propose it to show that we’re serious.” “We are running out of money here in Washington and are thinking of cutting benefits to our own people. I note that Israelis have free medical care and university education, which means that we are subsidizing things that we Americans do not have so it hardly seems fair. We have been giving you more than $3 billion in aid every year and also looking the other way when you benefit from tax free charitable contributions that actually are illegal under American law. By executive order, I am stopping the cash flow and asking the IRS to look at your friends over here.”
  • “And speaking of Israel’s many friends, your good buddy at the State Department Victoria Nuland is now working down in the mail room. And I am asking the Justice Department to register the American Israel Public Affairs Committee (AIPAC) as a foreign agent, subject to having its finances and operations monitored by U.S. authorities. Oh, and your spy Jonathan Pollard will be denied parole later this month and will be the guest of a federal prison for the next twenty years.” “I cannot see where you have done anything for us except complain. As you are now pledging Israel to continue its occupation of Palestinian land and ‘live by the sword’, meaning the killing of Arabs will accelerate, I am suspending all military cooperation with you until you come up with a plan to remove most of your settlers from the West Bank. Come back when you have something to show me. Don’t let the door hit you in the ass on the way out.” Well, okay, it was never bloody likely to happen that way, but I can dream, can’t I? If you think Obama is spineless when confronted by Ron Lauder and the usual suspects, just think of how bad it will be when we have President Clinton or President Rubio, proxies for their Israel firster donors Haim Saban and Paul Singer respectively. The new president and his or her staff will have to learn how to perform proskynesis whenever Netanyahu enters the oval office.
Gary Edwards

Hating the Establishment Is Not the Same as Supporting Liberty | Foundation for Economi... - 1 views

  • You might point to the American Revolution as a contrary case. We tossed out the British monarchy and invented freedom! But think again. The war itself created a new establishment consisting of politicians, military generals, bond dealers, and influential landholders.
  • Twelve years after the Declaration of Independence, these groups got together and formed a new government that, in time, became as oppressive and restrictive — and in some ways, more so — as the one the revolutionaries overthrew. And this occurred despite the existence of classical liberal political norms and intellectual culture.
  • He has said nothing about dismantling power.
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  • Indeed, he is on record with his desire to radically expand the power of the state.
  • He wants surveillance, controls on the internet, religious tests for migration, war-like tariffs, industrial planning, and autocratic foreign-policy power. He’s praised police power and toyed with ideas such as internment and killings of political enemies. His entire governing philosophy boils down to arbitrary, free-wheeling authoritarianism.
  • As for Sanders, everything that is bad about the current establishment he promises to make worse with more programs, bureaucracy, taxes, controls, and government power in order to making life fair, just, and equitable. He speaks as if he’s never heard of the failed history of socialism and certainly hasn’t learned anything from it.
  • The ideal is liberty, not the overthrow of existing elite structures as such.
  • They resist rampant populism that would lead to a pillaging of the nation that is serving them so well.
  • To understand Machiavelli, realize that his black beast was the cleric Savonarola, Florence’s quasi-dictator who led a mass movement of crazed pietists who pillaged and burned material possessions as a pathway to heaven. The Bonfire of the Vanities of 1487 was one result. This is exactly the kind of mania that establishments exist to keep at bay.
  • The main payout is the control of the state apparatus that outlives the establishment’s overthrow. It makes sense that the results will tend to be more ruthless, vengeful, and bloody than anything that came before.
  • Establishments are as Machiavelli described: stable machines that keep competitors at bay but otherwise seek to make the system work for themselves.
  • The goal should be the tearing down of power itself and its replacement by simple human rights and a society that functions according to civilized standards.
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    "But there's a problem. The state power we oppose is not identical to the establishment we reject. You can overthrow the establishment and still be left with a gigantic machinery of legalized exploitation. All the agencies, laws, regulations, and powers are still in place. And now you have a problem: someone else is in charge of the state itself. You might call it a new establishment. It could be even more wicked than the one you swept away. Indeed, it usually is. Maybe always. Anatomy of the Establishment What is an establishment? It is a network of large and cooperating interest groups that have developed a stable relationship with state power. It includes finance, organized labor, public bureaucrats, government contractors, big businesses with quid pro quo relationships with regulators and politicians, political families with a strong stake in the election process, intellectuals at state-friendly think tanks and universities, and so on."
Paul Merrell

Survey: One in four US adults burdened by medical debt - World Socialist Web Site - 0 views

  • A new survey shows that 26 percent of US adults ages 18-64 say they or someone in their household had problems paying their medical bills in the past 12 months. The Kaiser Family Foundation/New York Times Medical Bills Survey shows that those from all walks of life are saddled with medical debt, with the uninsured and low-income households carrying the heaviest burden.
  • Being uninsured has a strong correlation with medical bill difficulties, with 53 percent of the uninsured reporting problems paying household medical bills in the past year. However, as the survey’s findings point out, “insurance is not a panacea against these problems.” About one in five of those with insurance—either through an employer, Medicaid or purchased on their own—also report problems paying medical bills. Among those with private insurance, the prevalence of high-deductible health coverage significantly impacts the financial burden on households, with 26 percent of those with high-deductible coverage reporting difficulties paying their medical bills. Although the survey does not indicate which of those interviewed purchased their coverage through the Affordable Care Act (ACA), it is clear that the high deductible plans dominating the ACA marketplace are becoming increasingly common among plans sold by private insurance companies.
  • Not surprisingly, households with lower or moderate incomes are more likely to report problems paying their medical bills. Nearly four in 10 (37 percent) of those with household incomes below $50,000 report these problems, compared with 26 percent of those with incomes between $50,000 and $100,000, and 14 percent of those with household incomes greater than $100,000. Women are slightly more likely than men to experience problems paying medical bills (29 percent versus 23 percent), as are adults under age 30 compared with those ages 30-64 (31 percent versus 24 percent). Residents in the South reported the highest share of medical bill problems (32 percent), while those in the Northeast reported the lowest (18 percent). At 24 percent, whites reported slightly less difficulty pay their bills than blacks (31 percent) and Hispanics (32 percent). People with the greatest medical needs are also more likely to face problems paying their medical bills. Of those who say they have a disability that prevents them from participating fully in daily activities, 47 percent report medical bill problems. Among those who rate their own heath as fair or poor, 45 percent report these problems, while 34 percent of those who say they receive regular treatment for a chronic condition report problems.
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  • The medical bills burdening households are for a wide variety of medical services, both one-time events and chronic conditions. Of those surveyed, bills incurred included those for doctor visits (65 percent), diagnostic tests (65 percent), lab fees (64 percent) and emergency room visits (61 percent). About half say they had problems paying for prescription drugs, hospitalizations or dental care. Those surveyed were asked to briefly describe the illness or injury that led to their medical bills. Respondents describe the nightmare scenario in which they face the double impact of serious medical conditions and the inability to pay the bills incurred to treat them.
  • When asked to describe their financial situation, 43 percent of those who have experienced problems paying medical bills say they just scrape by covering their basic household expenses, while 18 percent say they don’t have the financial resources to cover them. The survey also shows that compared to those without medical debt, those with medical bill problems are less likely to have a credit card or a retirement savings account. Of those with difficulties paying bills, the total amount owed ranged from 10 percent owing $500 or less, to 24 percent owing $2,500 to less than $5,000, to 13 percent owing in excess of $10,000. For an individual or family living paycheck to paycheck, or facing unemployment, even a $500 unpaid medical bill—accompanied by calls from health providers’ offices or their bill collectors—can become an overwhelming burden. In a further cruel twist, those facing medical bill problems also often face the complicating factor of income loss due to an illness. Three in 10 respondents say someone in their household had to take a cut in pay or hours as a result of the illness that led to the medical bills, either due to the illness itself or in order to care for the person who was sick.
  • The ACA is contributing to and compounding these devastating financial conditions for millions of Americans. The program, popularly known as Obamacare, forces uninsured individuals to purchase coverage from for-profit insurers under threat of penalty, offering only modest subsidies to those who qualify. The most affordable of these plans come with deductibles in excess of $5,000 and other high out-of-pocket costs and there are no meaningful restraints on the premiums insurance companies can charge. These Obamacare plans are serving as a model for employer-sponsored coverage, where high-deductible plans are becoming more and more the norm. Architects of the ACA further predict that employer-sponsored coverage will largely be done away with by 2025.
  • The solution to the financial crisis ordinary Americans face paying their medical bills—along with the other scourges of the US for-profit medical system—lies in putting an end to the privately owned insurance companies, pharmaceuticals and giant health care chains and establishing socialized medicine.
Paul Merrell

Court Rules Bush Administration Can Be Sued for Its "War on Terror" Conduct - 0 views

  • For almost a decade and a half, the people behind the Bush administration's shameful treatment of terrorism suspects have avoided punishment for their crimes, but that may be about to change. The courts have had their say and have ruled that former Bush administration officials can, in fact, be sued for how they conducted the "war on terror." The Second Circuit Court of Appeals made that pretty much official on Friday when it refused to hear a challenge to its earlier ruling in the case of Turkmen v. Ashcroft. That case involves hundreds of Arab, Muslim or South Asian men who were detained and then abused by our government in the weeks following 9/11.
  • Some of them were beaten by security guards and kept in solitary confinement, which the United Nations considers a form of torture. After they were released, these men sued the people they say authorized their detentions - people like former Attorney General John Ashcroft and former FBI director Robert Mueller. A district court initially blocked their claims, but in June, the Second Circuit Court allowed them, saying that Ashcroft, Mueller and company could be sued. The government then made one more last ditch push to protect the Bush administration, but that effort failed last Friday when the Second Circuit rejected it. Everyone else who authorized and participated in the illegal roundup of hundreds of innocent men after 9/11, from high-up government officials on down, is now fair game for a lawsuit.
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    The case centers of detainees conditions of confinement and denial of Equal Protection for a number of people detained for several months immediately after 9-11. 
Paul Merrell

Former public testimony disappears from Guantánamo transcripts | Miami Herald - 0 views

  • For hours on a Friday, a staff sergeant using the fake name “Jinx” testified in open court about her yearlong work here at a prison for suspected terrorists once considered the CIA’s prized war-on-terror captives.
  • The few reporters who went to court or watched on video feeds from Guantánamo to Fort Meade, Maryland, as well as a dozen legal observers and the mother and sister of a man killed in the World Trade Center on Sept. 11, 2001, heard her say all that in open court. But as far as the public court record is concerned, those things were never said.
  • In a first for the war court, intelligence agencies scrubbed those and other facts — including questions asked by the judge, Army Col. James L. Pohl — from a 379-page transcript of the Oct. 30 pretrial hearing in the 9/11 death-penalty case. A Miami Herald examination counted more than 130 pages with blacked out public testimony. Of them, 37 pages are completely redacted in the latest challenge to the remote war court’s motto, “Fairness, Transparency, Justice.” Typically the court releases the transcripts “word for word with no redactions,” chief prosecutor Brig. Gen. Mark Martins told reporters Saturday, defending the “rare” exception of “ex-post redactions” as a security necessity.“I have not encountered it actually thus far for a transcript to be redacted. But there is a rule that enables that,” he said. “The government is fully entitled to look and say in the aftermath … ‘It ought to be protected, it could be damaging.’”
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  • At issue on Oct. 30 was Pohl’s January restraining order forbidding female guards from touching the alleged Sept. 11 plotters as they come and go from court and legal meetings, an accommodation to their Islamic traditions. The restriction recently sparked outrage among top Pentagon brass and some in Congress. The issue is unlikely to be resolved before a closed session in February to hear classified testimony.But now, in light of the retroactive redacting, case lawyers and the Sept. 11 trial judge will spend Monday huddling in closed court — no public, none of the accused conspirators listening — as they discuss how to go forward with the testimony on Pohl’s controversial restraining order.Yale Law School lecturer Eugene Fidell, whose specialty has long been military justice, said the court has a 40-second audio delay to the public and a security officer assigned to block the feed with white noise and warned that the after-the-fact censorship could be “the new normal.”
  • “The military has a real allergy to transparency,” said Fidell after declaring himself dumfounded by the effort to “sanitize stuff that has already been uttered in open court.”“Obviously there are things that can and must be kept secret,” he said. “But to try to get the genie back in the bottle for information that has already been uttered in a public proceeding — especially where there’s a time delay to protect classified information — is preposterous.”
Paul Merrell

Meeting of the Valdai International Discussion Club * President of Russia - 0 views

  • President of Russia Vladimir Putin: Colleagues, ladies and gentlemen,Allow me to greet you here at this regular meeting of the Valdai International Club.
  • Why is it that the efforts of, say, our American partners and their allies in their struggle against the Islamic State has not produced any tangible results? Obviously, this is not about any lack of military equipment or potential. Clearly, the United States has a huge potential, the biggest military potential in the world, only double crossing is never easy. You declare war on terrorists and simultaneously try to use some of them to arrange the figures on the Middle East board in your own interests, as you may think.
  • The end of the Cold War put an end to ideological opposition, but the basis for arguments and geopolitical conflicts remained. All states have always had and will continue to have their own diverse interests, while the course of world history has always been accompanied by competition between nations and their alliances. In my view, this is absolutely natural.The main thing is to ensure that this competition develops within the framework of fixed political, legal and moral norms and rules. Otherwise, competition and conflicts of interest may lead to acute crises and dramatic outbursts.We have seen this happen many times in the past. Today, unfortunately, we have again come across similar situations. Attempts to promote a model of unilateral domination, as I have said on numerous occasions, have led to an imbalance in the system of international law and global regulation, which means there is a threat, and political, economic or military competition may get out of control.
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  • Why is it that the efforts of, say, our American partners and their allies in their struggle against the Islamic State has not produced any tangible results? Obviously, this is not about any lack of military equipment or potential. Clearly, the United States has a huge potential, the biggest military potential in the world, only double crossing is never easy. You declare war on terrorists and simultaneously try to use some of them to arrange the figures on the Middle East board in your own interests, as you may think.
  • This year the discussion focusses on issues of war and peace. This topic has clearly been the concern of humanity throughout its history. Back in ancient times, in antiquity people argued about the nature, the causes of conflicts, about the fair and unfair use of force, of whether wars would always accompany the development of civilisation, broken only by ceasefires, or would the time come when arguments and conflicts are resolved without war.
  • President of Russia Vladimir Putin: Colleagues, ladies and gentlemen,Allow me to greet you here at this regular meeting of the Valdai International Club.
  • It is impossible to combat terrorism in general if some terrorists are used as a battering ram to overthrow the regimes that are not to one’s liking. You cannot get rid of those terrorists, it is only an illusion to think you can get rid of them later, take power away from them or reach some agreement with them.
  • It is impossible to combat terrorism in general if some terrorists are used as a battering ram to overthrow the regimes that are not to one’s liking. You cannot get rid of those terrorists, it is only an illusion to think you can get rid of them later, take power away from them or reach some agreement with them. The situation in Libya is the best example here.
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    This is a must-read speech by Putin. He takes the U.S. soundly to task on a variety of war & peace issues, but bluntly accuses the U.S. of going soft on ISL and of using terrorist organizations as U.S. weapons. Regretfully, he's right, of course. 
Paul Merrell

Putin Forces Obama to Capitulate on Syria - 0 views

  • The Russian-led military coalition is badly beating Washington’s proxies in Syria which is why John Kerry is calling for a “Time Out”. On Monday, U.S. Secretary of State John Kerry called for an emergency summit later in the week so that leaders from Russia, Turkey, Saudi Arabia and Jordan could discuss ways to avoid the “total destruction” of Syria. According to Kerry, “Everybody, including the Russians and the Iranians, have said there is no military solution, so we need to make an effort to find a political solution. This is a human catastrophe that now threatens the integrity of a whole group of countries around the region,” Kerry added. Of course, it was never a “catastrophe” when the terrorists were destroying cities and villages across the country, uprooting half the population and transforming the once-unified and secure nation into an anarchic failed state. It only became a catastrophe when Vladimir Putin synchronized the Russian bombing campaign with allied forces on the ground who started wiping out hundreds of US-backed militants and recapturing critical cities across Western corridor. Now that the Russian airforce is pounding the living daylights out of jihadi ammo dumps, weapons depots and rebel strongholds, and the Syrian Arab Army (SAA) is tightening their grip on Aleppo, and Hezbollah is inflicting heavy casualties on Jabhat al Nusra militants and other Al Qaida-linked vermin; Kerry’s decided it’s a catastrophe. Now that the momentum of the war has shifted in favor of Syrian president Bashar al Assad, Kerry wants a “Time out”.
  • Keep in mind, that Putin worked tirelessly throughout the summer months to try to bring the warring parties together (including Assad’s political opposition) to see if deal could be worked out to stabilize Syria and fight ISIS. But Washington wanted no part of any Russian-led coalition. Having exhausted all the possibilities for resolving the conflict through a broader consensus, Putin decided to get directly involved by committing the Russian airforce to lead the fight against the Sunni extremists and other anti-government forces that have been tearing the country apart and paving the way for Al Qaida-linked forces to take control of the Capital. Putin’s intervention stopped the emergence of a terrorist Caliphate in Damascus. He turned the tide in the four year-long war, and delivered a body-blow to Washington’s malign strategy Now he’s going to finish the job. Putin is not gullible enough to fall for Kerry’s stalling tactic. He’s going to kill or capture as many of the terrorists as possible and he’s not going to let Uncle Sam get in the way. These terrorists–over 2,000 of who are from Chechnya–pose an existential threat to Russia, as does the US plan to use Islamic extremists to advance their foreign policy objectives. Putin takes the threat seriously. He knows that if Washington’s strategy succeeds in Syria, it will be used in Iran and then again in Russia. That’s why he’s decided to dump tons of money and resources into the project. That’s why his Generals have worked out all the details and come up with a rock-solid strategy for annihilating this clatter of juvenile delinquents and for restoring Syria’s sovereign borders. And that’s why he’s not going to be waved-away by the likes of mealy-mouth John Kerry. Putin is going to see this thing through to the bitter end. He’s not going to stop for anyone or anything. Winning in Syria is a matter of national security, Russia’s national security.
  • “Syrian President Bashar Assad “does not have to leave tomorrow or the next day,” the US State Department (spokesman Mark Toner) has stated. Washington allows that Assad may take part in transitional process, but can’t be part of Syria’s next government… “… this isn’t the US dictating this. This is the feeling of many governments around the world, and frankly, the majority of the Syrian people,” Toner said.
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  • Putin has offered solutions from the very onset, it was Washington that rejected those remedies. Putin supported the so called Geneva communique dating back to 2012. In fact, it was then-Secretary of State Hillary Clinton who threw a wrench in the proceedings by demanding that Assad not be part of any transitional governing body. (Note: Now Obama has caved on this demand.) Russia saw her demand as tantamount to regime change, which it was since Assad is the internationally-recognized head of state and fully entitled to be a part of any transitional government. US rejectionism sabotaged efforts for internationally-monitored “free and fair multi-party elections” and ended any chance for a speedy end to the war. Washington was more determined to get its own way (“Assad must go”) then to save the lives of tens of thousands of civilians who have died since Clinton walked away from Geneva. And now Kerry is extending the olive branch? Now Washington pretends to care about the “total destruction” of Syria? I’m not buying it. What Kerry cares about is his hoodlum “head-chopper” buddies that are being turned into shredded wheat by Russian Daisy Cutters. That’s what he cares about. Take a look at this from RT:
  • Toner is backpeddling so fast he’s not even sure what he’s saying. Clearly, the administration is so flustered by developments on the ground in Syria, and so eager to stop the killing of US-backed jihadis, that they sent poor Toner out to talk to the media before he’d even gotten his talking points figured out. What a joke. The administration has gone from refusing to meet with a high-level Russian delegation just last week (to talk about coordinating airstrikes in Syria), to completely capitulating on their ridiculous “Assad must go” position today. That’s quite a reversal, don’t you think? I’m surprised they didn’t just run a big white Flag up over 1600 Pennsylvania Ave. while the Marine Band played Taps. But don’t think that this latest humiliation will derail Washington’s plan for destroying Syria as a functioning, sovereign state and carving it into a million powerless statelets that pose no threat to Big Oil’s pipeline corridors, or US military bases, or Israel’s sprawling Zionist Valhalla. Because it won’t. That plan is still right on track despite Putin’s efforts to crush the militants and defend the borders.
  • Topple Assad and partition the country. Destroy Syria once and for all. That is Washington’s operating strategy. It’s a plan that was first proposed by Brooking’s analyst Michael O’Hanlon who recently said: “…a future Syria could be a confederation of several sectors: one largely Alawite (Assad’s own sect), spread along the Mediterranean coast; another Kurdish, along the north and northeast corridors near the Turkish border; a third primarily Druse, in the southwest; a fourth largely made up of Sunni Muslims; and then a central zone of intermixed groups in the country’s main population belt from Damascus to Aleppo… Under such an arrangement, Assad would ultimately have to step down from power in Damascus… A weak central government would replace him. But most of the power, as well as most of the armed forces. would reside within the individual autonomous sectors — and belong to the various regional governments… American and other foreign trainers would need to deploy inside Syria, where the would-be recruits actually live — and must stay, if they are to protect their families. (Syria’s one hope may be as dim as Bosnia’s once was, Michael O’ Hanlon, Reuters)
  • Once again, the same theme repeated: Topple Assad and partition the country. Of course, the US will have to train “would-be recruits” to police the natives and prevent the buildup of any coalition or militia that might threaten US imperial ambitions in the region. But that goes without saying. (By the way, Hillary Clinton has already thrown her support behind the O’Hanlon plan emphasizing the importance of “safe zones” that could be used to harbor Sunni militants and other enemies of the state.)
  • (Note: As this article was going to press, the Turkish Daily Zaman reported that: “….the US and several European and Gulf states…have agreed to a plan under which Syria’s embattled President Bashar al-Assad will remain in power for the next six months during a transition period….Turkey has abandoned its determination [to get rid of Assad] and has agreed on an interim period with Assad in place,” former Foreign Minister Yaşar Yakış told Today’s Zaman on Tuesday….If the Syrian people decide to continue with Assad, then there is not much Turkey can object to.” (Report: Turkey agrees to Syria political transition involving Assad, Today’s Zaman) This story has not yet appeared in any western media. Obama’s Syrian policy has completely collapsed.
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    Mike Whitney paints a picture of the Obama Administration's desperation to saeve its jihadi mercenaries in Syria from complete destruction. 
Paul Merrell

Fresno Police Roll Out Dystopian 'Threat Ranking' System - 0 views

  • “On 57 monitors that cover the walls of the center, operators zoomed and panned an array of roughly 200 police cameras perched across the city. They could dial up 800 more feeds from the city’s schools and traffic cameras, and they soon hope to add 400 more streams from cameras worn on officers’ bodies and from thousands from local businesses that have surveillance systems.” Though the intricate surveillance apparatus described above seems straight from a dystopic novel, it is actually the Washington Post’s recent description of the the visual data collection system employed by a local California police department. The police department in Fresno, California, has taken extreme measures to combat high rates of crime in the city. As the Post reports, Fresno’s Real Time Crime Center, buried deep in the police station’s headquarters, has developed as a response to what many police call increasing threats. The system, according to police officials, can “provide critical information that can help uncover terrorists or thwart mass shootings, ensure the safety of officers and the public, find suspects, and crack open cases” — a feature they say is increasingly important in the wake of events like the November terror attack in Paris and the San Bernardino shooting last month.
  • “Our officers are expected to know the unknown and see the unseen,” Fresno Chief of Police Jerry Dyer said. “They are making split-second decisions based on limited facts. The more you can provide in terms of intelligence and video, the more safely you can respond to calls.” Programs similar to the Real Time Crime Center have launched in New York, Houston, and Seattle over the course of the last decade. Nationwide, the use of Stingrays, data fusion centers, and aerial drone surveillance have broadened the access local police have to private information. In another example, the FBI is continually developing a comprehensive biometric database that local police access every day. “This is something that’s been building since September 11,” says Jennifer Lynch, a senior attorney at the Electronic Frontier Foundation. Like the problem of police militarization, Lynch traces the trend back to the Pentagon: “First funding went to the military to develop this technology, and now it has come back to domestic law enforcement. It’s the perfect storm of cheaper and easier-to-use technologies and money from state and federal governments to purchase it.”
  • While many of these programs may fail to shock Americans, one new software program takes police scrutiny of private citizens to a new level. Beware, a software tool produced by tech firm Intrado, not only surveils the data of the citizens of Fresno, the first city to test it — it calculates threat levels based on what it discovers. The software scours arrest records, property records, Deep Web searches, commercial databases, and social media postings. By this method, it was able to designate a man with a firearm and gang convictions involved in a real-time domestic violence dispute as the highest of three threat levels: a bright red ranking. Fresno police say the intelligence from Beware aided them, as the man eventually surrendered and officers found he was armed with a gun. Beware scours billions of data points to develop rankings for citizens, and though few recoil at the thought of catching criminals and miscreants, the program provides particular cause for concern because of both its invasiveness and its fallibility.
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  • These shortcomings have sparked concern among Fresno’s city council members, who discussed the issue at a meeting in November. At that meeting, one council member cited an incident where a girl who posted on social media about a card game called “Rage” was consequently given an elevated threat ranking — all because “rage” could be a triggering keyword for Beware. At that same meeting, libertarian-leaning Republican councilman Clinton J. Olivier asked Chief Dyer to use the technology to calculate his threat level. In real-time, Olivier was given a green, or non-threatening ranking, but his home received a yellow, or medium, threat ranking. It was likely due to the record of his home’s prior occupant. “Even though it’s not me that’s the yellow guy, your officers are going to treat whoever comes out of that house in his boxer shorts as the yellow guy,” Olivier told Dyer. “That may not be fair to me.” He added later, “[Beware] has failed right here with a council member as the example.” “It’s a very unrefined, gross technique,” Fresno civil rights attorney, Rob Nabarro, has said of Beware’s color-coded levels. “A police call is something that can be very dangerous for a citizen,” he noted, echoing Olivier’s worries.
  • Further, though Fresno police use Beware, they are left in the dark about how it determines rankings. Intrado designates the method a “trade secret,” and as such, will not share it with the officers who use it. This element of the software’s implementation has concerned civil rights advocates like Nabarro. He believes the secrecy surrounding the technology may result in unfair, unchecked threat rankings. Nabarro cautioned that between the software’s secrecy and room for error, Beware could accidentally rank a citizen as dangerous based on, for example, posts on social media criticizing police. This potential carries with it the ability for citizens to be punished not for actual crimes, but for exercising basic constitutional rights. Further, it compromises the rights of individuals who have been previously convicted of crimes, potentially using past behavior to assume guilt in unrelated future incidents. Chief Dyer insists concerns are exaggerated and that a particular score does not guarantee a particular police response. Police maintain the tools are necessary to fight crime. Nevertheless, following the heated November meeting, Dyer suggested he would work to turn off the color-coded threat ranking due to citizens’ concerns. “It’s a balancing act,” he admitted.
  • It remains to be seen if Fresno police and residents will move forward with the technology or shut it down over privacy concerns. City officials in Oakland, California, for example, recently scaled back plans to establish a Real Time Crime Center after outraged citizens protested. At the very least, as Northern California ACLU attorney Matt Cagle said, “[W]henever these surveillance technologies are on the table, there needs to be a meaningful debate. There needs to be safeguards and oversight.”
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    Claiming trade secrecy for the software's selection criteria for threat ranking actually constitutes policy policy, the trade secrecy claim would probably not survive judical review. It's at least arguably an unconstitutional delegation of a government function (ranking citizens as threats) to a private company. Police departments in Florida were sued to produce records of how a related surveillance device, the Stingray IMSI device that intercepts cell phone calls by mimicking a cell-phone tower, and only averted court-ordered disclosure of its trade secret workings by the FBI swooping in just before decision to remove all the software documentation from local police possession, custody, and control.    There is a long chain of case law holding that information that is legitimately trade secret and proprietary loses that protection if adopted by local or federal government as law. With a software program that classifies citizens as threats for governmental purposes if they meet the program's selection criteria, the software is performing a strictly governmental function that is in reality law. 
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