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Last month, while testifying to the Senate Foreign Relations Committee, Wendy Sherman—Undersecretary of State for Political Affairs and the senior U.S. representative in the P5+1 nuclear talks with Iran—said, with reference to Iranians, “We know that deception is part of the DNA.”  This statement goes beyond orientalist stereotyping; it is, in the most literal sense, racist.  And it evidently was not a mere “slip of the tongue”:  a former Obama administration senior official told us that Sherman has used such language before about Iranians. 

Putting aside Sherman’s glaring display of anti-Iranian racism, there was another egregious manifestation of prejudice-cum-lie in her testimony to the Senate Foreign Relations Committee that we want to explore more fully.  It came in a response to a question from Senator Marco Rubio (R-Florida) about whether states have a right to enrich under the Nuclear Non-Proliferation Treaty (NPT).  Here is the relevant passage in Sherman’s reply:  “It has always been the U.S. position that Article IV of the Nuclear Non-Proliferation Treaty does not speak about the right of enrichment at all [and] doesn’t speak to enrichment, period.  It simply says that you have the right to research and development.”  Sherman goes on to acknowledge that “many countries such as Japan and Germany have taken that [uranium enrichment] to be a right.”  But, she says, “the United States does not take that position.  We take the position that we look at each one of these [cases].”  Or, as she put it at the beginning of her response to Sen. Rubio, “It has always been the U.S. position that Article IV of the Nuclear Non-Proliferation Treaty does not speak about the right of enrichment at all” (emphasis added). 

Two points should be made here.  First, the claim that the NPT’s Article IV does not affirm the right of non-nuclear-weapons states to pursue indigenous development of fuel-cycle capabilities, including uranium enrichment, under international safeguards is flat-out false.  Article IV makes a blanket statement that “nothing in this Treaty shall be interpreted as affecting the inalienable right of all the Parties to the Treaty to develop research, production and use of nuclear energy for peaceful purposes without discrimination.”  And it’s not just “countries such as Japan and Germany”—both close U.S. allies—which affirm that this includes the right of non-weapons states to enrich uranium under safeguards.  The BRICS (Brazil, Russia, India, China, and South Africa) countries and the Non-Aligned Movement (whose 120 countries represent a large majority of UN members) have all clearly affirmed the right of non-nuclear-weapons states, including the Islamic Republic of Iran, to pursue indigenous safeguarded enrichment.  In fact, just four countries in the world hold that there is no right to safeguarded enrichment under the NPT:  the United States, Britain, France, and Israel (which isn’t even a NPT signatory).  That’s it.  Moreover, the right to indigenous technological development—including nuclear fuel-cycle capabilities, should a state choose to pursue them—is a sovereign right.  It is not conferred by the NPT; the NPT’s Article IV recognizes states’ “inalienable right” in this regard, while other provisions bind non-weapons states that join the Treaty to exercise this right under international safeguards.       

      A lawsuit filed Monday in the D.C. federal district court challenges U.S. foreign aid to Israel. 

The U.S. is finalizing a ten-year memorandum of understanding which will reportedly boost aid to $4-5 billion per year. Grant F. Smith, Director of the Institute for Research: Middle Eastern Policy (IRmep), in the suit challenges the authority of the president and U.S. federal agencies to deliver such foreign aid to Israel. Such aid violates longstanding bans on aid to non-signatories to the Nuclear Non-proliferation Treaty (NPT) with nuclear weapons programs. Since the bans went into effect, U.S. foreign aid to Israel is estimated to be $234 billion.

The lawsuit reveals how in the mid-1970s during investigations into the illegal diversion of weapons-grade uranium from U.S. contractor NUMEC to Israel, Senators Stuart Symington and John Glenn amended the 1961 Foreign Assistance Act to ban any aid to clandestine nuclear powers that were not NPT signatories. Symington clarified the legislative intent of the amendments: “…if you wish to take the dangerous and costly steps necessary to achieve a nuclear weapons option, you cannot expect the United States to help underwrite that effort indirectly or directly.” The Obama administration follows precedents established since the Ford administration by ignoring internal agency and public domain information that should trigger Symington & Glenn cutoffs and waiver provisions governing foreign aid. The administration has gone further in criminalizing the flow of such information from the federal government to the public. In 2012 the Department of Energy under U.S. State Department authority passed a secret gag law called “Guidance on Release of Information relating to the Potential for an Israeli Nuclear Capability.” The gag law and related measures promote a “nuclear ambiguity” policy toward Israel. The primary purpose of the gag law is to unlawfully subvert Symington & Glenn arms export controls, the suit alleges.

Noteworthy new products of the Congressional Research Service that Congress has withheld from online public distribution include the following. Instances of Use of United States Armed Forces Abroad, 1798-2014, September 15, 2014

Proposed Train and Equip Authorities for Syria: In Brief, September 16, 2014

The No Fly List: Procedural Due Process and Hurdles to Litigation, September 18, 2014

A Channel 10 news report Saturday indicated that some 60 Democratic legislators were expected to stay away from the address.

The White Helmets have been demonstrated to be a primarily US and NATO funded organisation embedded in Al Nusra and ISIS held areas exclusively. This is an alleged “non-governmental” organisation, the definition of an NGO, that thus far has received funding from at least three major NATO governments, including $23 million from the US Government and $29 million (£19.7 million) from the UK Government, $4.5 million (€4 million) from the Dutch Government. In addition, it receives material assistance and training funded and run by a variety of other EU Nations. A request has been put into the EU Secretary General to provide all correspondence relating to the funding and training of the White Helmets. By law this information must be made transparent and available to the public. There has been a concerted campaign by a range of investigative journalists to expose the true roots of these Syria Civil Defence operatives, known as the White Helmets.  The most damning statement, however, did not come from us, but from their funders and backers in the US State Department who attempted to explain the US deportation of the prominent White Helmet leader, Raed Saleh, from Dulles airport on the 18th April 2016.

To condense our research on the Syria White Helmets, we have collated all relevant articles and interviews below.  We condemn wholeheartedly any senseless murder but we recommend that there is serious public and political re-evauluation of the morality of funding a US NATO organisation established to further “regime change” objectives in Syria. Mass murder is being committed across Syria and the region by US and NATO proxy terrorist militants. Funding the White Helmets will serve to prolong the suffering and bloodshed of the Syrian people.

Vanessa Beeley 21st Century Wire Who are the White Helmets? This is a question that everyone should be asking themselves. A hideous murder of a rising star in UK politics, Jo Cox MP, has just sent shock waves across the world. Within hours of her death, a special fund was established in her name to raise money for 3 causes. One of those causes is the Syrian White Helmets. Are we seeing a cynical and obscene exploitation of Jo Cox’s murder to revive the flagging credibility of a US State Department & UK Foreign Office asset on the ground in Syria, created and sustained as first responders for the US and NATO Al Nusra/Al Qaeda forces?

On Thursday, the Senate Foreign Relations Committee approved a draft authorization for the use of military force (AUMF) against ISIL (full text) by a margin of 10-8 along party lines. The text also includes an amendment that would sunset the 2001 AUMF in three-years. Most of today’s news headlines will be focused on the authorization to fight ISIL—and we will have plenty of discussion about it at Just Security. But the sunset of the 2001 AUMF is highly significant in its own right – and it should be welcome news to a wide range of national security law experts across the political spectrum, as Jack Goldsmith, Steve Vladeck, and I discussed in an  Op-Ed in the Washington Post. (Indeed, a sunset of the 2001 AUMF is endorsed by the Principles for drafting an ISIL AUMF published at Just Security and a proposed AUMF published at Lawfare.)

The action on the 2001 sunset was a bit of a surprise because  Sen. Menendez’s draft ISIL AUMF did not originally include a provision to sunset the 2001 AUMF. Nor did Sen. Tim Kaine’s similar draft AUMF. Both Senators Menendez and Kaine, however, spoke strongly in favor of the amendment today (and I applaud them for that). The action on the 2001 AUMF is significant as a potential turning point in the armed conflict with Al Qaeda. In his National Defense University speech in May 2013, President Obama called for refining and eventually repealing the 2001 AUMF when conditions permit. He stated: “I look forward to engaging Congress and the American people in efforts to refine, and ultimately repeal, the [2001] AUMF’s mandate.” Placing a sunset on the 2001 AUMF has been a key plank in Harold Koh’s position, in testimony and in Just Security posts (here and here), outlining how the President can bring an eventual end to the “Forever War.” Another part of that roadmap includes disengaging from Afghanistan. It is notable that today’s decision on the 2001 sunset also comes on the heels of yesterday’s news of the closure of the detention facility at the Bagram Airfield in Afghanistan. At least these aspects of the armed conflict with Al Qaeda and the Taliban may be winding down or narrowing, albeit while the conflict with ISIL heats up.

Three points deserve special mention: 1) A caveat: “revise” not “repeal” Senators who spoke during the Committee’s meeting in favor of the amendment to sunset the 2001 AUMF did not describe the provision as an opportunity to repeal the AUMF but to “refine,” “reevaluate,” or reconsider it three years from now. 2. A missed opportunity for transparency? The ISIL AUMF includes a robust set of transparency and reporting requirements. This is good news. But, while we are in the business of applying such reporting requirements to the fight with ISIL, what’s the possible justification for not applying them to the fight with Al-Qaeda as well? As Jack Goldsmith, Steve Vladeck and I wrote in our Op-Ed (emphasis added):

Britain's spy agency GCHQ has secretly gained access to the network of cables which carry the world's phone calls and internet traffic and has started to process vast streams of sensitive personal information which it is sharing with its American partner, the National Security Agency (NSA).The sheer scale of the agency's ambition is reflected in the titles of its two principal components: Mastering the Internet and Global Telecoms Exploitation, aimed at scooping up as much online and telephone traffic as possible. This is all being carried out without any form of public acknowledgement or debate.One key innovation has been GCHQ's ability to tap into and store huge volumes of data drawn from fibre-optic cables for up to 30 days so that it can be sifted and analysed. That operation, codenamed Tempora, has been running for some 18 months.

GCHQ and the NSA are consequently able to access and process vast quantities of communications between entirely innocent people, as well as targeted suspects.This includes recordings of phone calls, the content of email messages, entries on Facebook and the history of any internet user's access to websites – all of which is deemed legal, even though the warrant system was supposed to limit interception to a specified range of targets.The existence of the programme has been disclosed in documents shown to the Guardian by the NSA whistleblower Edward Snowden as part of his attempt to expose what he has called "the largest programme of suspicionless surveillance in human history"."It's not just a US problem. The UK has a huge dog in this fight," Snowden told the Guardian. "They [GCHQ] are worse than the US."

However, on Friday a source with knowledge of intelligence argued that the data was collected legally under a system of safeguards, and had provided material that had led to significant breakthroughs in detecting and preventing serious crime.Britain's technical capacity to tap into the cables that carry the world's communications – referred to in the documents as special source exploitation – has made GCHQ an intelligence superpower.By 2010, two years after the project was first trialled, it was able to boast it had the "biggest internet access" of any member of the Five Eyes electronic eavesdropping alliance, comprising the US, UK, Canada, Australia and New Zealand.UK officials could also claim GCHQ "produces larger amounts of metadata than NSA". (Metadata describes basic information on who has been contacting whom, without detailing the content.)By May last year 300 analysts from GCHQ, and 250 from the NSA, had been assigned to sift through the flood of data.The Americans were given guidelines for its use, but were told in legal briefings by GCHQ lawyers: "We have a light oversight regime compared with the US".

A bombshell White House memo has revealed for the first time details of the ‘deal in blood’ forged by George Bush and Tony Blair over the Iraq War.The damning memo, from secretary of state Colin Powell to president George Bush, was written on March 28, 2002, a week before Bush’s famous summit with Blair at his Crawford ranch in Texas.The Powell document, headed ‘Secret... Memorandum for the President’, lifts the lid on how Blair and Bush secretly plotted the war behind closed doors at Crawford. In it, Powell tells Bush that Blair ‘will be with us’ on military action. Powell assures the president: ‘The UK will follow our lead’.The classified document also discloses that Blair agreed to act as a glorified spin doctor for the president by presenting ‘public affairs lines’ to convince a skeptical public that Saddam had Weapons of Mass Destruction - when none existed.In return, the president would flatter Blair’s ego and give the impression that Britain was not America’s poodle but an equal partner in the ‘special relationship’. 

The sensational leak shows that Blair had given an unqualified pledge to sign up to the conflict a year before the invasion started.It flies in the face of the UK Prime Minister’s public claims at the time that he was seeking a diplomatic solution to the crisis.He told voters: ‘We’re not proposing military action’ - in direct contrast to what the secret email now reveals. 

The disclosure is certain to lead for calls for Sir John Chilcot to reopen his inquiry into the Iraq War if, as is believed, he has not seen the Powell memo.A second explosive memo from the same cache also reveals how Bush used ‘spies’ in the Labour Party to help him to manipulate British public opinion in favor of the war.The documents, obtained by The Mail on Sunday, are part of a batch of secret emails held on the private server of Democratic presidential candidate Hillary Clinton which U.S. courts have forced her to reveal.Former UK Conservative shadow home secretary David Davis said: ‘The memos prove in explicit terms what many of us have believed all along: Tony Blair effectively agreed to act as a frontman for American foreign policy in advance of any decision by the House of Commons or the British Cabinet.

Trump's National Security Advisor Flynn resigned after only three weeks in office. While I am certainly no fan of Flynn or of Trump I find this defenestration a dangerous event. It will hamper any big change in U.S. foreign policy that Trump may envision. The resignation followed a highly orchestrated campaign against Flynn by intelligence officials, the media and some people within the White House. After the election and Trump's unexpected win the Obama administration slapped sanctions on Russia and sent Russian embassy officials back to Moscow. This move was intended to blockade a Trump policy of better relations with Russia. Flynn talked with the Russian ambassador and, as a direct result, the Russian's did not respond tit for tat for the sanctions and expulsions. This was an absolutely positive move and in full accordance with announced Trump policies.

Despite tens or hundreds of claimed White House leaks in the media I am still not sure what really happened next. Trump's enemies and some intelligence officials accused Flynn of lying about the phone calls with the Russian ambassador. It is unclear what the alleged lies really are and especially why they should matter. Obfuscation is part of any White House business. If Flynn had secretly talked with the Israeli ambassador (which he probably did) no one would have attacked him. So why was Flynn really under pressure and why didn't Trump back him? It would have been easy for Trump to say: "I ordered Flynn to do that. Obama did similar. In both cases it was a GREAT success. USA! USA! USA!" Nobody would have been able to further attack Flynn over the issue after such a protective move. But Trump, completely against his style, held his mouth and did nothing. What else happened in the White House that let him refrain from backing Flynn? Sure, the real beef other people have with Flynn is not about Russia but other issues, like his plans to reform the intelligence services. But by throwing Flynn out like this Trump opened himself to further attacks. As it looks now a rather small gang of current and former intelligence officials - with the help of the anti-Trump media - leaked Flynn out of his office. They will not stop there.

Now blood is in the street and the hyenas will lust for more. The Trump magic is broken. He has shown vulnerability. Now they will go after their next target within the Trump administration and then the next and the next until they have Trump isolated and by the balls. He just invited them to proceed. All major foreign policy moves he planned will be hampered. The detente with Russia has probably ended before it even started.

Secret documents reveal more than 1,000 targets of American and British surveillance in recent years, including the office of an Israeli prime minister, heads of international aid organizations, foreign energy companies and a European Union official involved in antitrust battles with American technology businesses.

While the names of some political and diplomatic leaders have previously emerged as targets, the newly disclosed intelligence documents provide a much fuller portrait of the spies’ sweeping interests in more than 60 countries. Britain’s Government Communications Headquarters, working closely with the National Security Agency, monitored the communications of senior European Union officials, foreign leaders including African heads of state and sometimes their family members, directors of United Nations and other relief programs, and officials overseeing oil and finance ministries, according to the documents. In addition to Israel, some targets involved close allies like France and Germany, where tensions have already erupted over recent revelations about spying by the N.S.A.

Details of the surveillance are described in documents from the N.S.A. and Britain’s eavesdropping agency, known as GCHQ, dating from 2008 to 2011. The target lists appear in a set of GCHQ reports that sometimes identify which agency requested the surveillance, but more often do not. The documents were leaked by the former N.S.A. contractor Edward J. Snowden and shared by The New York Times, The Guardian and Der Spiegel. The reports are spare, technical bulletins produced as the spies, typically working out of British intelligence sites, systematically tapped one international communications link after another, focusing especially on satellite transmissions. The value of each link is gauged, in part, by the number of surveillance targets found to be using it for emails, text messages or phone calls. More than 1,000 targets, which also include people suspected of being terrorists or militants, are in the reports. It is unclear what the eavesdroppers gleaned. The documents include a few fragmentary transcripts of conversations and messages, but otherwise contain only hints that further information was available elsewhere, possibly in a larger database.

Cass Sunstein has long been one of Barack Obama’s closest confidants.  Often mentioned as a likely Obama nominee to the Supreme Court, Sunstein is currently Obama’s head of the Office of Information and Regulatory Affairs where, among other things, he is responsible for “overseeing policies relating to privacy, information quality, and statistical programs.”  In 2008, while at Harvard Law School, Sunstein co-wrote a truly pernicious paper proposing that the U.S. Government employ teams of covert agents and pseudo-”independent” advocates to “cognitively infiltrate” online groups and websites — as well as other activist groups — which advocate views that Sunstein deems “false conspiracy theories” about the Government.  This would be designed to increase citizens’ faith in government officials and undermine the credibility of conspiracists.  The paper’s abstract can be read, and the full paper downloaded, here. Sunstein advocates that the Government’s stealth infiltration should be accomplished by sending covert agents into “chat rooms, online social networks, or even real-space groups.”  He also proposes that the Government make secret payments to so-called “independent” credible voices to bolster the Government’s messaging (on the ground that those who don’t believe government sources will be more inclined to listen to those who appear independent while secretly acting on behalf of the Government).   This program would target those advocating false “conspiracy theories,” which they define to mean: “an attempt to explain an event or practice by reference to the machinations of powerful people, who have also managed to conceal their role.”  Sunstein’s 2008 paper was flagged by this blogger, and then amplified in an excellent report by Raw Story‘s Daniel Tencer.

There’s no evidence that the Obama administration has actually implemented a program exactly of the type advocated by Sunstein, though in light of this paper and the fact that Sunstein’s position would include exactly such policies, that question certainly ought to be asked.  Regardless, Sunstein’s closeness to the President, as well as the highly influential position he occupies, merits an examination of the mentality behind what he wrote.  This isn’t an instance where some government official wrote a bizarre paper in college 30 years ago about matters unrelated to his official powers; this was written 18 months ago, at a time when the ascendancy of Sunstein’s close friend to the Presidency looked likely, in exactly the area he now oversees.  Additionally, the government-controlled messaging that Sunstein desires has been a prominent feature of U.S. Government actions over the last decade, including in some recently revealed practices of the current administration, and the mindset in which it is grounded explains a great deal about our political class.  All of that makes Sunstein’s paper worth examining in greater detail.

Initially, note how similar Sunstein’s proposal is to multiple, controversial stealth efforts by the Bush administration to secretly influence and shape our political debates.  The Bush Pentagon employed teams of former Generals to pose as “independent analysts” in the media while secretly coordinating their talking points and messaging about wars and detention policies with the Pentagon.  Bush officials secretly paid supposedly “independent” voices, such as Armstrong Williams and Maggie Gallagher, to advocate pro-Bush policies while failing to disclose their contracts.  In Iraq, the Bush Pentagon hired a company, Lincoln Park, which paid newspapers to plant pro-U.S. articles while pretending it came from Iraqi citizens.  In response to all of this, Democrats typically accused the Bush administration of engaging in government-sponsored propaganda — and when it was done domestically, suggested this was illegal propaganda.  Indeed, there is a very strong case to make that what Sunstein is advocating is itself illegal under long-standing statutes prohibiting government ”propaganda” within the U.S., aimed at American citizens: As explained in a March 21, 2005 report by the Congressional Research Service, “publicity or propaganda” is defined by the U.S. Government Accountability Office (GAO) to mean either (1) self-aggrandizement by public officials, (2) purely partisan activity, or (3) “covert propaganda.”  By covert propaganda, GAO means information which originates from the government but is unattributed and made to appear as though it came from a third party.

The Swedish government announced on Thursday that Sweden will deploy armed forces to Iraq to support military operations against the Islamic State, a.k.a. ISIS or ISIL. The terrorist organization is known to be overtly and covertly funded and armed by members of the so-called “coalition against the Islamic State”. The deployment of 35 Swedish troops is a minimal contribution but has, nonetheless maximum political effect. That is, that the Scandinavian country lends its political credence to the: “the fight against ISIS“ narrative.

Swedish Foreign Minister Margot Wallstöm and Defense Minister Peter Hultquist were quoted in the Swedish daily Dagens Nyheter (Daily News) as saying that “Cooperation against terrorism is the key to success. Sweden will continue to support these common efforts”. The two ministers added that Sweden could eventually expand its mission to 120 troops. The Scandinavian country has a population of about 9.7 million. Political and Legal Implications; Crimes against Peace: To understand the political implications one has to understand the genesis of the war on Syria, why and how it spread to Iraq, related energy-security planning, as well as the direct support of ISIS via NATO member States, Saudi Arabia, as well as other Middle Eastern countries. One also has to understand that the so-called “moderate opposition” and ISIS effectively have the same utility and that arms are transferred in-between the diverse mercenary brigades in the region. None of the above is mentioned in any of the Swedish mainstream media.

War Planned Years in Advance: In June 2013 the senior French Statesman and former Foreign Minister Roland Dumas said during an appearance in the French TV channel LPC that top-British officials had asked him, in 2009, if he wanted to participate in ousting the Syrian government with the help of “rebels”. That was years before the first “protests” erupted in 2011: (nsnbc audio archives) Dumas said:

Some more thoughts on the leaked tape from a meeting in the Turkish foreign ministry which is only very selectively reported in "western" media. A video with recorded voices and English text is available as is the seemingly complete text in two parts. The setting of the recording is this: The voices of the illegal recording believed to belong to Davutoğlu, National Intelligence Organization (MİT) Hakan Fidan, Foreign Ministry Undersecretary Feridun Sinirlioğlu, and Deputy Chief of General Staff Gen. Yaşar Gürel. According to the information obtained from sources, the recording consists of a chat between four officials in Davutoğlu’s office before the commencement of the official meeting with the participation of more civil and military bureaucrats in another room at the Foreign Ministry. It is not clear when exactly the meeting happened. It would fit the situation late last year or early 2014.

The major points from my view: Turkey has delivered 2,000 trucks of weapons and ammunition to the insurgents in Syria. There are plans for false flag attacks on Turkey or Turkish property to justify an attack from Turkey on Syria. The Turkish military has great concerns going into and fighting Syria. The general atmosphere between these deciders is one of indecisiveness. Everyone seems to be unclear what Erdogan wants and is waiting for clear orders from above. U.S. military has shortly before the meeting presented fresh plans for a no-fly one over Syria. Then there is the fact in itself that this tape and others leaked. Internal government communication in Turkey and personal communication of Turkish official has been thoroughly compromised. This will hinder future decision making and will erode any trust Turkish government allies may have in it.

It is somewhat astonishing how "western" media avoid the content of the leaked tape. An AP report on it makes a lot of the youtube blocking the Turkish government ordered in reaction to the tape. Of the recording itself the AP only mentions this: The four are allegedly heard discussing a military intervention in neighboring Syria, a sensitive political issue in Turkey, although the context of the conversation is not clear. The Washington Post filed that AP report under Technology. This is an incredible disservice to its readers. The Guardian report based on Reuters is not any better: The move by the TIB came hours after an anonymous YouTube account posted a leaked audio recording allegedly of a confidential conversation between Turkish intelligence chief Hakan Fidan, foreign minister Ahmet Davutoglu, undersecretary of the foreign ministry Feridun Sinirlioglu and deputy chief of the general staff, Yasar Gürel, discussing possible military action in Syria. There is no mentioning at all of the false flag attack. The Wall Street Journal comes somewhat nearer to the truth: ... a leaked recording published anonymously on the platform purported to reveal a conversation in which Turkey's foreign minister, spy chief and a top general appear to discuss how to create a pretext for a possible Turkish attack within Syria. For once kudos to the NYT which at least touches one point but leaves out the other important ones: ... the officials were heard discussing a plot to establish a justification for military strikes in Syria. One option that is said to have been discussed was orchestrating an attack on the Tomb of Suleyman Shah ... German media did not do any better.

On Friday, James Clapper finally provided Ron Wyden an unclassified response to a question he posed on January 29, admitting that the NSA conducts back door searches. (via Charlie Savage) As reflected in the August 2013 Semiannual Assessment of Compliance with Procedures and Guidelines Issued Pursuant to Section 702, which we declassified and released on August 21, 2013, there have been queries, using U.S. person identifiers, of communications lawfully acquired to obtain foreign intelligence by targeting non U.S. persons reasonably believed to be located outside the U.S. pursuant to Section 702 of FISA. It has taken just 9 months for Clapper to admit that, contrary to months of denials, the NSA (and FBI, which he doesn’t confirm but which the Report makes clear, as well as the CIA) can get the content of Americans’ communications without a warrant. But Clapper’s admission that this fact was declassified in August should disqualify Vice Admiral Mike Rogers from confirmation as CyberComm head (I believe he started serving as DIRNSA head, which doesn’t require confirmation, yesterday). Because it means Rogers refused to answer a question the response to which was already declassified.

Udall: If I might, in looking ahead, I want to turn to the 702 program and ask a policy question about the authorities under Section 702 that’s written into the FISA Amendments Act. The Committee asked your understanding of the legal rationale for NASA [sic] to search through data acquired under Section 702 using US person identifiers without probable cause. You replied the NASA–the NSA’s court approved procedures only permit searches of this lawfully acquired data using US person identifiers for valid foreign intelligence purposes and under the oversight of the Justice Department and the DNI. The statute’s written to anticipate the incidental collection of Americans’ communications in the course of collecting the communications of foreigners reasonably believed to be located overseas. But the focus of that collection is clearly intended to be foreigners’ communications, not Americans. But declassified court documents show that in 2011 the NSA sought and obtained the authority to go through communications collected under Section 702 and conduct warrantless searches for the communications of specific Americans. Now, my question is simple. Have any of those searches been conducted?

Rogers: I apologize Sir, I’m not in a position to answer that as the nominee. Udall: You–yes. Rogers: But if you would like me to come back to you in the future if confirmed to be able to specifically address that question I will be glad to do so, Sir. Udall: Let me follow up on that. You may recall that Director Clapper was asked this question in a hearing earlier this year and he didn’t believe that an open forum was the appropriate setting in which to discuss these issues. The problem that I have, Senator Wyden’s had, and others is that we’ve tried in various ways to get an unclassified answer — simple answer, yes or no — to the question. We want to have an answer because it relates — the answer does — to Americans’ privacy. Can you commit to answering the question before the Committee votes on your nomination?

The Senate Foreign Relations Committee approved a resolution for a likely missile attack against Syrian President Bashar Assad in retaliation for his alleged use of chemical weapons two weeks ago, but it prohibited any involvement of U.S. troops.“It gives the president the wherewithal to have the limited military action that he’s asked for in order to punish Assad for the use of chemical weapons and the killing of innocent civilians,” said Sen. Robert Menendez, a New Jersey Democrat who chairs the Senate panel. “At the same time, it is tightly tailored by having a timeframe in it and by certainly prohibiting American boots – troops – on the ground.”

Seven Democrats – Menendez, Sens. Barbara Boxer of California, Benjamin Cardin of Maryland, Jeanne Shaheen of New Hampshire, Christopher Coons of Delaware, Richard Durbin of Illinois and Tim Kaine of Virginia – and three Republicans – Sen. Bob Corker of Tennessee and Arizona Sens. John McCain and Jeff Flake – voted for the resolution.

US intelligence chiefs have confirmed that the National Security Agency has used a "back door" in surveillance law to perform warrantless searches on Americans’ communications.The NSA's collection programs are ostensibly targeted at foreigners, but in August the Guardian revealed a secret rule change allowing NSA analysts to search for Americans' details within the databases.Now, in a letter to Senator Ron Wyden, an Oregon Democrat on the intelligence committee, the director of national intelligence, James Clapper, has confirmed the use of this legal authority to search for data related to “US persons”.

“There have been queries, using US person identifiers, of communications lawfully acquired to obtain foreign intelligence targeting non-US persons reasonably believed to be located outside the United States,” Clapper wrote in the letter, which has been obtained by the Guardian.“These queries were performed pursuant to minimization procedures approved by the Fisa court and consistent with the statute and the fourth amendment.” The legal authority to perform the searches, revealed in top-secret NSA documents provided to the Guardian by Edward Snowden, was denounced by Wyden as a “backdoor search loophole.”Many of the NSA's most controversial programs collect information under the law affected by the so-called loophole. These include Prism, which allows the agency to collect data from Google, Apple, Facebook, Yahoo and other tech companies, and the agency's Upstream program – a huge network of internet cable taps.

Clapper did not say how many warrantless searches had been performed by the NSA. It was not the first time the searches had been confirmed: after the Snowden leaks, the office of the director of national intelligence declassified documents that discussed the rule change. But Clapper's letter drew greater attention to the issue.Confirmation that the NSA has searched for Americans’ communications in its phone call and email databases complicates President Barack Obama’s initial defenses of the broad surveillance in June.“When it comes to telephone calls, nobody is listening to your telephone calls. That’s not what this program’s about,” Obama said. “As was indicated, what the intelligence community is doing is looking at phone numbers and durations of calls. They are not looking at people’s names, and they’re not looking at content.”Obama was referring specifically to the bulk collection of US phone records, but his answer misleadingly suggested that the NSA could not examine Americans’ phone calls and emails.

Damascus (AFP) - A UN report has concluded chemical weapons were used at least five times before Syria agreed to dismantle its arsenal, as Washington called setbacks for moderate rebels a "big problem."A major winter storm has meanwhile brought severe weather to the war-ravaged country, delaying a UN aid airlift and compounding the misery of Syrians holed up in besieged towns and refugees sheltering in tents across the border in Lebanon.The UN report released late Thursday cites "credible evidence" and "evidence consistent with the probable use of chemical weapons" at Ghouta, Khan al-Asal, Jubar, Saraqeb and Ashrafieh Sahnaya.

A former US Central Intelligence Agency chief meanwhile said a victory for Assad could be the best outcome to avoid a regional conflagration.Michael Hayden, who headed the CIA until 2009, saw three possible outcomes -- a continuation of the civil war pitting ever more extreme Sunni and Shiite factions against one another, the "dissolution" of Syria or a victory by Assad. View gallery Syrian children stand in the snow in a refugee camp in the town of Arsal, in the Lebanese Bekaa vall … "As ugly as it sounds, I'm kind of trending toward option three as the best out of three very, very ugly possible outcomes," Hayden told a conference of terror experts.

What is really behind the deep-state infighting over the U.S. elections and the "wire tapping" of the Trump campaign? Why was the CIA-Neocon axis vehemently lobbying against Trump? What foreign interests and what money is involved in this? Answers to these questions are now emerging. The former director of the CIA under Clinton, James Woolsey, went to the Wall Street Journal and offered some information (likely some true and some false) on the retired General Flynn and the lobbying businesses he was involved in. Woolsey is an arch-neoconservative. He had worked on the transition team of Trump but got fired over "growing tensions over Trump’s vision for intelligence agencies." Flynn is the former National Security Advisor of Trump who later also got fired. Woolsey was a board member of Flynn's former lobbying company FIG. Woolsey claims: In September 2016 he took part in a meeting between Flynn and high level Turkish officials, including the Turkish foreign minister and the energy minister who is the son-in-law of the Turkish president Erdogan. During the meeting, Woolsey claims, a brainstorming took place over how the Turkish cult leader Fethullah Gülen could -probably by illegal means- be removed from the U.S. and handed over to Turkey. Gülen is accused by the Erdogan mafia of initiating a coup attempt against it. The U.S. claims officially that there is no evidence for such an accusation and that Gülen can therefore not be rendered to Turkey. Gülen is an old CIA asset that helped the U.S. deep state to control Turkey.  Erdogan divorced from the Gülen organization after it became useless for his neo-Ottoman project. Here is the WSJ report on the Woolsey claims and a video clip with parts of his WSJ interview. Woolsey also went on CNN where he repeated his WSJ story. Flynn was accused by the anti-Trump campaign to have worked for Russia. He had taken several $10,000 for speeches he gave in Moscow. He also, at times, had argued for better U.S. relations with Russia. But Flynn's pro-Russia stand was probably honest. (Or the bribes involved were just smaller than the ones paid by others.) The money he got on the speaker circus was rather small for a man in his position. Flynn's real corruption was on another issue. After having been fired from the Trump administration, Flynn retroactively filed under the Foreign Agent Registration Act (FARA). His lobbying firm had a contract over $530,000 to work for a company near to the Turkish president Erdogan: In its filing, Mr. Flynn’s firm said its work from August to November “could be construed to have principally benefited the Republic of Turkey.” The filing said his firm’s fee, $530,000, wasn’t paid by the government but by Inovo BV, a Dutch firm owned by a Turkish businessman, Ekim Alptekin.

This lobbying, not the alleged Flynn-Putin relation, is the real scandal and part of the Trump/CIA/Clinton deep-state in-fighting. The meeting Woolsey described was under the "Turkish" Flynn contract. The Turkish business man, and owner of Inovo, Ekim Alptekin is a member of the Erdogan gang. But hidden at the very end of the WSJ story is the real key to understand the shady network: Inovo hired Mr. Flynn on behalf of an Israeli company seeking to export natural gas to Turkey, the filing said, and Mr. Alptekin wanted information on the U.S.-Turkey political climate to advise the gas company about its Turkish investments. It was the Israeli gas company, not the Alptekin outlet, that drove the issue. The Leviatan (and Tamar) gas fields in the Mediterranean along the Israeli coast are a huge energy and profit resource IF the gas from them can be exported to Europe. Several companies are involved in the exploration and all are looking for ways to connect the fields to the European gas network. There are (likely true) rumors that huge bribes have been payed in Israel, Jordan and elsewhere to win exploration contracts and to sell the gas. Negotiations between Israel and Turkey over the pipeline have been on and off. They depend on a positive climate towards Israel in the Turkish government which again depends on the often changing political position of the Erdogan gang.

The picture evolving here (lots of sleuthing and sources) is this: An Israeli company (or whoever is behind it) wants a gas pipeline to Turkey. It hires Flynn and Alptekin to arrange a positive climate for the Leviathan pipeline within the Turkish government. It offers Flynn more than half a million for a little (4-month long) influence work. His job is to create a "friendly atmosphere" for the deal by using his influence in the U.S. to accommodate Erdogan. A major point that is expected from Flynn is to arrange the handover of Gülen, by whatever means, from the U.S. to Erdogan. After accepting the (lobbying) bribe Flynn-the-whore suddenly changes his former anti-Turkish, pro-Russian, pro-Kurdish political position into a pro-Turkish, neutral-Russian and anti-Kurdish one. (His lobbying firm also makes some smaller payments related to the Clinton email-server scandal. This may be related to links between the Clinton family and the Gülen school empire.) He has a meeting with the Turkish government/Erdogan officials part of which is a discussion of a removal of Gülen to Turkey. He pens a pro Erdogan anti-Gülen op-ed which is published on the day of the election and he denigrates the Pentagon plan to work with the Kurds in Syria. The NSA, CIA and the FBI are listening to Flynn's conversations with Turkish and Israeli interests. (For the old and long history of such "wiretapping" of Turkish and Israeli connections and various dirty and criminal deals they revealed read and ask Sibel Edmonds.) The projects which Flynn is involved in, especially removing Gülen, are against the long term interests of the (neoconservative-driven) CIA. Selected tapes of his talks are transcribed and distributed within the anti-Trump campaign. This is the origin of the "wiretapping" of the Trump Tower the U.S. president lamented about. The stuff the CIA dug up about Flynn's dealing was and is used against Trump. Woolsey is caught up in this as he also worked for Flynn's lobbying firm. (His neocon-pro-Zionist history suggests that he is the senior Israeli watchdog over Flynn in all this.) He is now engaged in damage control and is "coming clean" and selectively leaking his anti-Flynn stuff to exculpate himself. (There is probably also some new, better deal involved that will pay off from him.) The Israeli-Turkish pipeline and the related deep-state fight are not the only issue involved in the campaign against Trump. There are also British interests and British intelligence involvement especially with the accusations against Russia of "hacking" of the DNC. If and how these fit in with above has not yet been revealed.

The Vienna Convention on Diplomatic Relations of 1961 is an international treaty that defines a framework for diplomatic relations between independent countries. It specifies the privileges of a diplomatic mission that enable diplomats to perform their function without fear of coercion or harassment by the host country. This forms the legal basis for diplomatic immunity.

The treaty is an extensive document, containing 53 articles. Following is a basic overview of its key provisions.[2]

Article 22. The premises of a diplomatic mission, such as an embassy, are inviolate and must not be entered by the host country except by permission of the head of the mission. Furthermore, the host country must protect the mission from intrusion or damage. The host country must never search the premises, nor seize its documents or property. Article 30 extends this provision to the private residence of the diplomats. Article 27. The host country must permit and protect free communication between the diplomats of the mission and their home country. A diplomatic bag must never be opened even on suspicion of abuse. A diplomatic courier must never be arrested or detained.