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Paul Merrell

Warrantless airport seizure of laptop "cannot be justified," judge rules | Ars Technica - 0 views

  • The US government's prosecution of a South Korean businessman accused of illegally selling technology used in aircraft and missiles to Iran was dealt a devastating blow by a federal judge. The judge ruled Friday that the authorities illegally seized the businessman's computer at Los Angeles International Airport as he was to board a flight home. The authorities who were investigating Jae Shik Kim exercised the border exception rule that allows the authorities to seize and search goods and people—without court warrants—along the border and at airport international terminals. US District Court judge Amy Berman Jackson of the District of Columbia noted that the Supreme Court has never directly addressed the issue of warrantless computer searches at an international border crossing, but she ruled (PDF) the government used Kim's flight home as an illegal pretext to seize his computer. Authorities then shipped it 150 miles south to San Diego where the hard drive was copied and examined for weeks, but the judge said the initial seizure "surely cannot be justified." After considering all of the facts and authorities set forth above, then, the Court finds, under the totality of the unique circumstances of this case, that the imaging and search of the entire contents of Kim’s laptop, aided by specialized forensic software, for a period of unlimited duration and an examination of unlimited scope, for the purpose of gathering evidence in a pre-existing investigation, was supported by so little suspicion of ongoing or imminent criminal activity, and was so invasive of Kim’s privacy and so disconnected from not only the considerations underlying the breadth of the government’s authority to search at the border, but also the border itself, that it was unreasonable.
  • "The government points to its plenary authority to conduct warrantless searches at the border. It posits that a laptop computer is simply a 'container' that was examined pursuant to this authority, and it submits that the government’s unfettered right to search cargo at the border to protect the homeland is the beginning and end of the matter," the judge wrote. Evidence discovered on his computer of his alleged involvement in the conspiracy that won an indictment is now suppressed, and it cannot be used against him according to the ruling. The authorities took the man's computer in 2012 for national security reasons but allowed him to board his flight home. The government did not comment on the decision. Judge Berman Jackson questioned whether the border search exception should apply to laptops because they carry much more private information than, say, a briefcase. Judge Jackson cited last year's Supreme Court case, known as Riley, in which the justices ruled unanimously that the authorities generally may not search the mobile phones of those they arrest unless they have a court warrant.
  • The Supreme Court said that "Modern cell phones, as a category, implicate privacy concerns far beyond those implicated by the search of a cigarette pack, a wallet, or a purse. A conclusion that inspecting the contents of an arrestee’s pockets works no substantial additional intrusion on privacy beyond the arrest itself may make sense as applied to physical items, but any extension of that reasoning to digital data has to rest on its own bottom." Seizing on that high court opinion, Judge Berman Jackson wrote: Applying the Riley framework, the national security concerns that underlie the enforcement of export control regulations at the border must be balanced against the degree to which Kim’s privacy was invaded in this instance. And as was set forth above, while the immediate national security concerns were somewhat attenuated, the invasion of privacy was substantial: the agents created an identical image of Kim’s entire computer hard drive and gave themselves unlimited time to search the tens of thousands of documents, images, and emails it contained, using an extensive list of search terms, and with the assistance of two forensic software programs that organized, expedited, and facilitated the task. Based upon the testimony of both Special Agent Hamako and Special Agent Marshall, the Court concludes that wherever the Supreme Court or the Court of Appeals eventually draws the precise boundary of a routine border search, or however either Court ultimately defines a forensic – as opposed to a conventional – computer search, this search was qualitatively and quantitatively different from a routine border examination, and therefore, it was unreasonable given the paucity of grounds to suspect that criminal activity was in progress.
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    The court's decision indicates that the Feds can still do a border search of a laptop but that they cross the line when they seize the computer for later forensic examination without a warrant. In this case, the government conducted the forensic examination before obtaining a warrant.
Paul Merrell

HSBC faces £70bn capital hole, warn Hong Kong analysts - Yahoo Finance UK - 0 views

  • Research firm Forensic Asia calculates that HSBC has overstated the value of the assets on its balance sheet by more than £50bnHSBC could have overstated its assets by more than £50bn and ultimately need a capital injection of close to £70bn before the end of this decade, according to an incendiary report published by a Hong Kong-based research firm . Forensic Asia on Tuesday began its coverage of Britain’s largest banking group with a ‘sell’ recommendation, warning the lender had between $63.6bn (£38.7bn) and $92.3bn of “questionable assets” on its balance sheet, ranging from loan loss reserves and accrued interest to deferred tax assets, defined benefit pension schemes and opaque Level 3 assets. The broker’s note is written by two of its senior analysts, Thomas Monaco and Andrew Haskins . Mr Monaco is a former senior bank examiner at the Federal Reserve Bank of New York and previously worked as a fund manager at FrontPoint Partners, the hedge fund that spotted the US subprime bubble. As well as this, he has also spent a decade as a banks analyst at various leading investment banks. Mr Haskins previously worked at HSBC for 15 years, mainly as a telecoms analyst, and also co-ran Japanese bank Mitsubishi UFJ’s Hong Kong-based research team.
  • In the report, the analysts apply what they describe as a “moderate stress test” to the balance sheets of HSBC’s major subsidiaries. From this analysis they conclude that even using a low-end estimate, the assets of the bank’s Hong Kong division, for instance, are overstated by about $15bn, while those of its UK subsidiary could be overvalued by $17bn. Taking the analysis further, the report sets out the impact of incoming Basel III capital rules and says HSBC could be required at a minimum to raise close to $60bn in new capital by 2019 and potentially as much as $111bn. “In our view, HSBC has not made the necessary adjustments, during the quantitative easing reprieve. Rather, it has allowed legacy problems to linger as new ones in emerging markets gather pace. The result has been extreme earnings overstatement, causing HSBC to become one of the largest practitioners of capital forebearance globally. This charade appears to be ending, given how few earnings levers remain besides selling off core elements of the franchise and the stringencies of Basel III compliance,” wrote Forensic Asia.
  • The broker adds: “While having stated capital ratios well above peer averages is all well and good, HSBC’s stated capital ratios would appear to be nothing more than a mirage if our analysis is correct.” Even under current capital rules, Forensic Asia estimates that its valuations of HSBC’s group and subsidiary balance sheets suggests the bank has a current capital shortfall of $45.1bn. The report adds the workings do not include probable litigation costs linked to various claims on the bank, which they see coming in at no less than $10bn. HSBC, Britain’s biggest bank by market capitalisation and total assets, is also reckoned to be the UK’s best capitalised major lender, with a tier 1 ratio of 12.8pc, well above the minimum required by the Prudential (Frankfurt: PRU.F - news) Regulation Authority
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  • Most analysts rate HSBC shares a 'buy', arguing the bank has plenty of excess capital. Deutsche Bank (Xetra: DBK.DE - news) reckons the lender has $500bn in excess deposits and liquidity and will benefit strongly when interest rates rise. Simon Maughan, head of research at OTAS Technologies, told CNBC : “If we look at the credit market and implied volatility on HSBS shares, it’s significantly less than the European bank average—whether it’s equity, credit or option markets, they’re not concerned by this story. “What Tom [Thomas Monaco] is saying is HSBC has surplus capital but under his stress test environment, that disappears—well, that’s kind of what surplus capital is there for in the first place. “Secondly he’s saying they haven’t used the period of QE to dispose of legacy assets. It’s precisely because of HSBC’s capital strength that they made the decision to hold onto those legacy assets and get a better price for them when they matured ... I don’t think that it’s something major shareholders, certainly the ones we speak to, are concerned about.” HSBC declined to comment.
Paul Merrell

Courthouse News Service - 0 views

  • During secret proceedings in Washington, a key witness in undermining the $9.5 billion judgment Chevron faces in Ecuador repudiated much of his explosive testimony, transcripts made public today show.     Since agreeing to testify for the oil giant, Judge Alberto Guerra's fortunes have changed, and so have Chevron's.     Roughly two years ago, Guerra took to the witness stand in a New York federal courtroom and swore that lawyers for rainforest villagers bribed him to ghostwrite a multibillion-dollar Ecuadorean court judgment against Chevron for oil contamination to the Amazon jungle.     About a year before he made a deal with Chevron, Guerra had little more than $100 to his name. He also owed tens of thousands of dollars in debt and could not afford to visit his children living in the United States.     U.S. District Judge Lewis Kaplan had warned early on in proceedings that he did not "assume that anyone's hands in this are clean," yet he credited Guerra's testimony last year in ruling that the Ecuadoreans obtained their award "by corrupt means."     The Ecuadoreans have long attacked Guerra, who has a contract with Chevron for various perks, including at least $326,000, an immigration attorney and a car, as a "paid-for" participant in the oil giant's self-styled witness-protection program.     Kaplan's decision conceded that "Guerra's credibility is not impeccable," but found that his account was "corroborated extensively by independent evidence."
  • Both that credibility and the corroborating evidence came under withering attack this year during closed-door proceedings before an international arbitration tribunal.     Though the hearings took place without press or public access at the World Bank in Washington on April 23 and 24, the tribunal agreed to release transcripts of the proceedings in response to a Courthouse News request that the Reporters Committee for Freedom of the Press supported.     Courthouse News obtained advanced copies of more than 3,000 pages of transcripts, which were formally released on Monday.     They show Guerra putting a new twist on an old saying. "Money talks, gold screams," Guerra said in a June 25, 2012, meeting with Chevron representatives - a meeting Chevron recorded.     Testifying about this comment at the arbitration hearing, Guerra said Chevron showed him a safe filled with money. He recounted Chevron's representatives telling him: "Look, look, look what's down there. We have $20,000 there."     He remembered replying: "Oh, OK, very well, very well."     Guerra said he had only $146 in his bank account a year earlier, and owed tens of thousands more to finish the construction of his house. He said he could not scrape money for airfare to visit his children in the United States.
  •  Minutes from Guerra's meeting with Chevron that came to light during the tribunal proceedings showed that Chevron's lawyers hoped to find evidence that the Ecuadorean government had pressured the Guerra to rule against the company.     Guerra disappointed by saying that Ecuadorean President Rafael Correa's administration "never butted in" to the process, the transcript shows.     "These guys are idiots, but the truth, the truth, I attest, damn, they never got involved," Guerra added, referring to Correa's government.     The remark appears to undercut the foundation of Chevron's arbitration case, which asks the tribunal to blame the Ecuadorean government for a miscarriage of justice.     Guerra stood by those comments on the arbitration panel's witness stand.      "My position is that the government did not intervene," Guerra said.     The only time an Ecuadorean government official tried to elbow into the case, Guerra testified, was under a prior administration. Correa's predecessors pushed to dismiss the case in Chevron's favor in 2003, he said.
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  •  Guerra also acknowledged bluntly on the witness stand that he had lied in telling Chevron's team that attorneys for the Ecuadoreans offered him $300,000.     "Yes, sir, I lied there," Guerra told Eric Bloom, who represents Ecuador for the firm Winston & Strawn. "I wasn't truthful."     Guerra maintains that other attorneys for the Ecuadoreans, specifically Steven Donziger and Pablo Fajardo, offered money in return for ghostwriting the judgment on behalf of Judge Nicolas Zambrano, the final jurist to preside over the case.     Shifting the details of this supposed arrangement, though, Guerra walked back his allegation that Zambrano offered him 20 percent.     "That was my sworn statement in New York, but what I said is that, because of a circumstance, because of a situation, I mentioned 20 percent when it wasn't true, and I think that, as a gentleman, I should say the truth, and we did not discuss - I did not discuss 20 percent with Mr. Zambrano - but we did discuss that he would share with me from what he received," he said.     In his nearly 500-page ruling, Judge Kaplan pointed to bank records, daily planners, shipping records and airplane tickets as corroborating evidence that outweighed Guerra's credibility problems.
  • Particularly persuasive for Kaplan was evidence that Ecuador's national airline, Tame, certified delivery of packages between Guerra and Zambrano.     Guerra told the arbitrators this spring, however, that all 11 of these packages "had nothing to do with the [Chevron] case."     As for his plane tickets to the rainforest from Aug. 11 and 12, 2010, Guerra said they occurred during an irrelevant time period.     "If I traveled during those dates, it wasn't for me to provide assistance to the Chevron case," he said.     Guerra testified that Chevron representatives told him that they would have raised his pay if he could provide them with the key physical evidence they were looking for: a draft of the judgment.     "We were unable to find the main document," Guerra recalled them saying. "Had we been able to find it, we would have been able to offer you a larger amount, something like that, we have $18,000 for you, and we're going to take the computer with us."     Though Guerra did not have a copy of the judgment, Ecuador's forensic expert Christopher Racich testified that he found a running draft of the judgment against Chevron on Zambrano's hard drives.
  • Ecuador now argues that this forensic evidence - which Courthouse News reported exclusively early this year - proves Zambrano painstakingly wrote the ruling and saved it hundreds of times throughout the case.     Chevron has not been able to produce emails between Guerra, Zambrano and the purported ghostwriters, Donziger and Fajardo, Ecuador's forensic expert says.     Guerra acknowledged to the arbitrators that that the bounty of physical evidence he promised Chevron fell short.     There are no calendars and day planners marked with meetings scheduled between Fajardo, Donziger or Guerra, he acknowledged.     While Guerra said he had payments from Zambrano from April 2011 and February 2012, he testified that these "had no connection to the Chevron case."     For Chevron, the thousands of pages of transcripts show that the company "proved its case before the International Arbitration Tribunal."     "Witness and expert testimony confirmed that the Ecuadorean judgment against Chevron was ghostwritten by Steven Donziger and his team and that the Ecuadorian government is responsible for any further remediation," Chevron spokesman Morgan Crinklaw said in a statement. "Chevron also proved that Ecuador breached the U.S.-Ecuador Bilateral Investment Treaty and international law."     Donziger, who still works for the Ecuadorean villagers seeking to collect from Chevron, said in a statement that Guerra's latest testimony "demonstrates once and for all that Chevron's so-called racketeering case has completely fallen apart."
  •   "Guerra has been the linchpin of Chevron's entire body of trumped up evidence and he now stands not only as an admitted liar, but also as a shocking symbol of how Chevron's management has become so obsessed with evading its legal obligations in Ecuador that it is willing to risk presenting false evidence in court to try to frame adversary counsel and undermine the rule of law," Donziger added.
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    Chevron has a "witness-protection program" as an excuse for paying off witnesses? And for paying them to lie under oath, it appears. Never in my legal career did I ever here of a non-governmental entity with a witness protection program. This reeks to high heavens.  Hats off to Courthouse News for digging deep on this one.   
Paul Merrell

FBI never examined hacked DNC servers itself: report | TheHill - 0 views

  • The FBI never examined the Democratic National Committee’s (DNC) computer servers during its investigation into Russian attempts to interfere in the presidential election, BuzzFeed reports.“The DNC had several meetings with representatives of the FBI’s Cyber Division and its Washington (D.C.) Field Office, the Department of Justice’s National Security Division, and U.S. Attorney’s Offices, and it responded to a variety of requests for cooperation, but the FBI never requested access to the DNC’s computer servers,” DNC deputy communications director Eric Walker told BuzzFeed in an email.According to one intelligence official who spoke to the publication, no U.S. intelligence agency has performed its own forensics analysis on the hacked servers.ADVERTISEMENTInstead, the official said, the bureau and other agencies have relied on analysis done by the third-party security firm CrowdStrike, which investigated the breach for the DNC.“Crowdstrike is pretty good. There’s no reason to believe that anything that they have concluded is not accurate,” the intelligence official told BuzzFeed.
Gary Edwards

Is Obama the Head of a Secret Cult? A 15-Point Test. | Casey Research - 0 views

  • But what really amazes me are those ideas that even a little reflection and study reveal as ridiculous, but that nonetheless gain a large and devoted following. For instance, that big government—in truth, little more than a motley collection of meddlesome bureaucrats advised by rent-seeking, ivory-tower academics—are in possession of the solutions to all of society's ills.
  • All of which got me to thinking about this odd trait of humans to form associations around bad ideas, and that, in turn, led me to think about the nature of cults. After all, can there be a more ridiculous idea than becoming a trained lapdog to some modern-day messiah? Yet, how does one go from being a go-along-to-get-along kind of person one day to lining up for a fatal dose of poison, thoughtfully flavored with grape Kool-Aid, the next? Or signing up to become a gunman willing to kill or be killed in a foreign adventure in support of a half-baked idea that's cast as somehow being in the "national interest," when even a cursory examination would tell you it's not?
  • Both of those examples are in diametric opposition to self-preservation, the most fundamental of all human instincts.
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  • Less dramatically but yet still with serious consequences, how is it that otherwise rational people come to accept the idea that widespread economic success can flow from the loins of a bureaucracy that produces nothing but regulatory chains on the aspirations of individuals looking to better their lives and those of their families? And when that success fails to materialize, readily accept the idea that the Fed can pump money out by the trillions with no negative effect? In any event, I started poking around the literature of various organizations specializing in the study of mind control and found what I think are some interesting lessons for us all in the studies of cults. After all, if psychological buttons can be pushed in a combination that leads to drinking poisoned Kool-Aid, you can sure as hell bet they can be pushed to get you to vote for a string of sociopathic poseurs… or to dedicate a large chunk of your life and charitable giving to causes that have little connection to reality. Or to decide to create a Facebook page titled, "I love it when I wake up in the morning and Barack Obama is President." In fact, based on the guidelines provided by the International Cult Studies Association (ICSA), you or someone you know may already be in a cult and not even be aware of it. Worse, the president himself might be the head of a cult! There are 15 separate traits the ICSA identifies as common among cults. Ticking through them should prove informative.
  • The group displays excessively zealous and unquestioning commitment to its leader and regards his belief system, ideology, and practices as "the Truth."
  • Questioning, doubt, and dissent are discouraged or even punished.
  • Mind-altering practices are used in excess and serve to suppress doubts about the group and its leader(s).
  • The leadership dictates, sometimes in great detail, how members should think, act, and feel
  • The group is elitist, claiming a special, exalted status for itself, its leader(s), and members.
  • Members are encouraged or required to live and/or socialize only with other group members.
  • The leader is not accountable to any authorities.
  • The group teaches or implies that its supposedly exalted ends justify whatever means it deems necessary.
  • The leadership induces feelings of shame and/or guilt in order to influence and/or control members. Often, this is done through peer pressure and subtle forms of persuasion.
  • Subservience to the leader or group requires members to cut ties with family and friends, and radically alter the personal goals and activities they had before joining the group.
  • The group is preoccupied with bringing in new members.
  • The group is preoccupied with making money.
  • Members are expected to devote inordinate amounts of time to the group and group-related activities.
  • The group has a polarized us-versus-them mentality, which may cause conflict with the wider society.
  • The most loyal members (the "true believers") feel there can be no life outside the context of the group. They believe there is no other way to be, and often fear reprisals to themselves or others if they leave (or even consider leaving) the group.
  • How to Spot a Pathological Liar
  • In researching the nature of cults, I took a side street to investigate the mental condition called "pseudologia fantastica," or in lay terms, a mental condition where individuals become pathological liars. I did so because I wondered how politicians can spew forth their untruths with straight faces.
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    "So is Obama really the leader of a cult? Based on the above checklist, I'd have to say he is-and it's a pretty big cult, at that. If you agree, it behooves us to define the overarching beliefs of the cult over which he presides. In my view, those beliefs were accurately summed up by Thomas Sowell in his classic, A Conflict of Visions, as revolving around the idea that we humans can and should be made ever-more perfect by government policy. With that idea at the core of the cult's belief, almost no action, no matter how extreme, is off the table when it comes to government action. Deception, artifice, bullying, war-making, spying, money-printing, regulation, forcing Ritz crackers on children, taking over large swaths of the economy, or propping up companies in favored industries are all justifiable parts and parcels of the whole. Unfortunately, because the cult offers financial handouts to join, the ranks of this particular cult have swelled in recent decades. So much so that it has reached the point where, like an uninfected human in a world full of zombies, those who don't belong increasingly have to maintain a low profile or risk having their faces eaten (or, perhaps less dramatically, being subjected to a forensic audit by the IRS). This is equally true, and maybe more so, with private corporations, which keep their mouths shut as the healthcare burden of non-workers is transferred to their balance sheets, or which trumpet the fact that they're "green" in order to avoid being targeted by cult members."
Gary Edwards

Google: Applied Research Associates - Directed Energy and 911 - 0 views

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    Forensic engineer and scientis Dr Judy Wood argues that the evidence of the 911 building collapse points to a directed energy source capable of turning the buildings to dust. Not thermal or heat. Not a thermal explosive style controlled demolition. Nor was it a structural collapse from the impact of the planes. Dr Wood rules out the official story and let's the facts speak for themselves and the facts point directly at Applied Research Associates, and Directed Energy Weapons having been used on 911 to bring down several buildings. What an incredible story. There is an interview of Dr Judy Wood on CoasttoCoastAM.com. If you want to listen, leave me a note and I will send the link. If you have note heard this woman speak, or read her book, "What happened to the Buildings on 911?", you are in for one special, eye opening treat.
Paul Merrell

Exclusive: Swiss study says polonium found in Arafat's bones | Al Jazeera America - 0 views

  • PARIS — Swiss scientists who conducted tests on samples taken from Yasser Arafat’s body have found at least 18 times the normal levels of radioactive polonium in his remains. The scientists said they were confident up to an 83 percent level that the late Palestinian leader was poisoned with it, a conclusion that they said “moderately supports” polonium as the cause of his death. A 108-page report (PDF) by the University Centre of Legal Medicine in Lausanne, which was obtained exclusively by Al Jazeera, found unnaturally high levels of polonium in Arafat’s ribs and pelvis, and in soil stained with his decaying organs.
  • The Swiss scientists, along with French and Russian teams, obtained the samples last November after Arafat's body was exhumed from a mausoleum in Ramallah in the occupied West Bank. Dave Barclay, a U.K. forensic scientist and retired detective, told Al Jazeera that with these results he was wholly convinced that Arafat was murdered. “Yasser Arafat died of polonium poisoning,” he said. “We found the smoking gun that caused his death. What we don’t know is who’s holding the gun at the time. “The level of polonium in Yasser Arafat’s rib … is about 900 millibecquerels,” Barclay said. “That is either 18 or 36 times the average, depending on the literature.”
Gary Edwards

911: Lloyds of London Insurance brokers have sued Citigroup-AMEC et al. in respect of t... - 1 views

  • We allege the Citigroup-AMEC partners sabotaged the diesel generators to feed fires lit by arsonists on the 11th, 12th or 13th floors of WTC7 where the Securities & Exchange Commission lost between 3,000 to 4,000 files. The SEC files contained evidence of insider trading by Citigroup-AMEC investment bank partners in the shares of initial public offerings during the high-tech boom. The House Financial Services Committee was seeking information about the treatment Citigroup's Salmon Smith Barney investing banking division may have given WorldCom executives. Salomon had offices in 7 World Trade Center and Citigroup says back-up tapes of corporate emails from September 1998 through December 2000 were stored at the building and destroyed in 9/11. Citigroup subsequently paid $2.65 billion to the settlement class which purchased WorldCom securities during the period from April 1999 through June 2002. www.thestreet.com/markets...36925.html www.citigroup.com/citigro...40510a.htm
  • At 5:20 p.m. on 9/11, 7 World Trade Center collapsed in its own footprint at a speed slightly slower than free fall under gravity in a manner consistent with a controlled demolition. Molten steel and partially evaporated steel members were found in the debris pile of WTC #1, 2 and 7. The thermal signature of 32 hot spots, 5 days and 10 days after the collapse, is consistent with all the buildings being rigged for demolition with an incendiary such as thermite.
  • We allege that the Citigroup-AMEC partnership now conspired to remove and destroy evidence of arson before filing bogus property insurance claims in an arrangement with Larry Silverstein and Silverstein Properties, including a claim for a double payment for the destruction of the Twin Towers. "Griffin quotes court documents to the effect that Silverstein had only $14 million invested in the insurance deal for the Twin Towers (compared to 50 times as much by his [off-book] lenders) through limited liability investment vehicles."
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    Incredible.  In 2006 Lloyd's of London sued a group comprised of Citigroup, AMEC and GMAC for a "concealed demolition" conspiracy resulting in insurance fraud.  This is complicated, but the key assertion is that World Trade Center building #1, #2, and #7 were rigged for demolition prior to the 9/11/01 attack.  The claim also alleges the involvement of Larry Silverstein, who had purchased these buildings a few months prior to the 9/11 attack, and made the subsequent and fraudulent insurance claim. Based on the Lloyd's of London report: "9/11 - A Citigroup-AMEC insurance fraud on Lloyd's of London?" .. by David Hawkins, Foundation Scholar, Cambridge University, Founder of the Citizen's Association of Forensic Economists at Hawks' CAFE .
Paul Merrell

Branstad Announces New Division Designed to Help Wrongly Convicted People | whotv.com - 0 views

  • “One of the things that is exciting about this is, if we are able to identify any cases in which those mistakes were made, that hair should be under glass somewhere,” said Iowa State Public Defender Adam Gregg. "We could be able to use DNA technology in order to test those hairs and find out whether they got the right person, and if they didn’t, then we will have the post-conviction relief process in order to correct that mistake." About 100 cases involving hair comparison have been flagged for review. The Wrongful Conviction Division is part of the Office of the State Public Defender's Office. It will work with the Division of Criminal Investigation, the Iowa Innocence Project and the Midwest Innocence Project.
  • Governor Branstad announced he's launching a new division designed to help people who are wrongly convicted of crimes. “We also know in a system operated by humans, mistakes can be made including wrongful convictions,” Branstad said. The Wrongful Conviction Division will focus on hair comparison analysis. The FBI recently admitted to serious errors in testimony on those tests, many times overstating how close hair from a crime scene matched a defendant. The FBI trains the Iowa Division of Criminal Investigation on hair analysis methods, so the Public Defender's Office wants to review cases where hair comparison analysis was used. They’re looking at cases from 1980-2000, which was a time when DNA analysis wasn't widely used.
  • “One of the things that is exciting about this is, if we are able to identify any cases in which those mistakes were made, that hair should be under glass somewhere,” said Iowa State Public Defender Adam Gregg. "We could be able to use DNA technology in order to test those hairs and find out whether they got the right person, and if they didn’t, then we will have the post-conviction relief process in order to correct that mistake."
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  • “One of the things that is exciting about this is, if we are able to identify any cases in which those mistakes were made, that hair should be under glass somewhere,” said Iowa State Public Defender Adam Gregg. "We could be able to use DNA technology in order to test those hairs and find out whether they got the right person, and if they didn’t, then we will have the post-conviction relief process in order to correct that mistake."
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    This should be happening in evry state and court in which the FBI lab's false hair sample testing results may have been used to convict anyone. And it should have happened in all those jurisdictions as soon as the FBI lab scandal was discovered. See https://www.washingtonpost.com/local/crime/fbi-overstated-forensic-hair-matches-in-nearly-all-criminal-trials-for-decades/2015/04/18/39c8d8c6-e515-11e4-b510-962fcfabc310_story.html
Paul Merrell

The academic paper that predicted the NSA scandal | War of Ideas - 0 views

  • If you've been following the fallout from last week's NSA surveillance revelations, you may have seen repeated reference to a certain "recent MIT study." "Unique in the Crowd: The Privacy Bounds of Human Mobility," published in Nature's Scientific Reports last year, has been cited by multiple media sources, including this one, as evidence for why -- contra Dianne Feinstein -- your metadata matters. Indeed, re-examined in light of the current headlines, the concerns raised by the study seem quite prescient. The paper's authors, Yves-Alexandre de Montjoye, César A. Hidalgo, Michel Verleysen, and Vincent D. Blondel of MIT and the Universite Catholique de Louvain, examined a dataset of 15 months of anonymous cell-phone data from 1.5 million people in a "small European country." (They're a bit coy about how they obtained the data.) There were no names, addresses, or phone numbers in the data, yet they argue that "if individual's patterns are unique enough, outside information can be used to link the data back to an individual." In fact, just four points of observation -- time of the call and the nearest cell-phone tower -- were enough to identify 95 percent of individuals in the database.
Paul Merrell

Activist Post: 5 Reasons The Latest Report On Syria War Crimes Might Not Be True - 0 views

  • In a recently released and conveniently timed report, complete with references to Nazi Germany and concentration camps, efforts to ramp up support for a “tough line” against Syria at the upcoming Geneva II conference and even possible military intervention, are once again moving into high gear. The report, compiled by three British war crime prosecutors and three “forensic experts” claims that it has demonstrable proof that the Assad government is guilty of torturing and killing over ten thousand people. The report (accessed here) claims to show evidence of physical torture, murder, and starvation. Of course, the Syrian government denies the veracity of the claims of the report and Western media outlets repeat the claims as incontrovertible proof.
  • However, while the final determination of whether or not these claims are accurate is yet to be made, there exist ample reasons to question the assertions made in the report. 1. The Gulf State Feudal Monarchy Qatar is the sponsor of the report. Qatar is, of course, one of the major sponsors of the Syrian invasion (aka the Syrian “rebels”) and has played a massively important role in financing, training, arming, and directing the death squads currently being mopped up by the Assad government. 2. The source of the report. One would be justified in questioning the nature of the report since the sole source of the material comes by virtue of an allegedly “defected Syrian military police officer” who was apparently fine with photographing thousands of dead victims for over a year until now. Regardless of the possibility for such a “moral” conversion, taking information from a “defected” member of government forces once again returns us to the realm of the “activists say” school of journalism – a notorious method used by Western media outlets to promote the side of the death squads and only the side of the death squads as fact in popular reports.
  • 3. Past claims of Assad’s “Crimes Against Humanity.” It is important to remember past experiences with Western claims against Assad for alleged “crimes against humanity,” all of which turned out to have been committed by the death squads, not the Syrian government. From the Houla massacre to the Ghouta chemical weapons attacks, the Syrian government has been exonerated by all credible evidence. The death squads, however, have been proven guilty by virtue of their own video tapes and Youtube accounts, guilty of some of the most horrific acts imaginable. While many innocent people have no doubt been killed in the crossfire between the military and the death squads, the Western media has done everything in its power to place the blood of each and every death inside Syria in the hands of the government. Let us also not forget the other famous Codename, “Curveball,” that played a major role in the initiation of a previous and still ongoing conflict that was later admitted to be a fabrication. Being fooled by the same type of propaganda twice in ten years is indeed a humiliation too great for a country to bear.
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  • 4.) Possibility that the death squads could have killed the victims shown in the report. The victims shown in the report have clearly been abused and starved. However, before jumping to conclusions about just how these unfortunate individuals met their fate, perhaps it would be a good idea to look back at the context of the victims. As mentioned earlier, the death squads operating in Syria are no strangers to crimes against humanity, murder, and torture. In fact, they have been both the initiators of such depravity and overwhelmingly the largest proprietors of it. Furthermore, the fact that the victims were starved does not necessarily mean that they were starved by the government. Indeed, it is important to remember that, due to the siege of a number of cities by both the military and the death squads as well as due to death squad cruelty and attempted cordoning off of specific areas, food shortage has been a serious concern in some areas for some time. There is also plentiful evidence of death squad groups killing innocent people and shipping their bodies to the places where cameras are set up, waiting for the recording of the propaganda piece. The Ghouta chemical attack is just one instance in which innocent civilians were captured and killed by the death squads and used as stage props for propaganda purposes.
  • Indeed, it is also important to remember that the death squads themselves are quite adept at keeping prisoners in atrocious conditions. Only a few months back, it was reported that the Syrian military was able to free a number of captive Syrian women from the hands of the death squads who had kept them in captivity in underground tunnels for months on end for the purposes of using them as sex slaves. 5.) The report was conveniently released just two days before the Geneva II Peace Conference meeting on Syria. After the retraction of an invitation to Iran to attend the peace conference, the Qatari-funded report was released just two days before the peace conference was scheduled to take place. With such evidence being studied and analyzed and a report being compiled, to believe that it was only a coincidence that the information was released two days before the conference is absurd. If this evidence was real and of such grave importance why are world leaders only learning of it now? If world leaders knew, why are we only learning of it now? Considering all of the information provided in this article, taken in conjunction with the “convenient” timing of the release of the reports (convenient, at least, for the enemies of Syria), such reports should be taken with a large grain of salt. The Western media has not only been wrong, but has lied on so many occasions in the past, that it cannot be expected to tell the truth now.
Paul Merrell

Conflict Erupts in Public Rebuke on C.I.A. Inquiry - NYTimes.com - 0 views

  • A festering conflict between the Central Intelligence Agency and its congressional overseers broke into the open Tuesday when Senator Dianne Feinstein, chairwoman of the Intelligence Committee and one of the C.I.A.’s staunchest defenders, delivered an extraordinary denunciation of the agency, accusing it of withholding information about its treatment of prisoners and trying to intimidate committee staff members investigating the detention program.Describing what she called a “defining moment” for the oversight of American spy agencies, Ms. Feinstein said the C.I.A. had removed documents from computers used by Senate Intelligence Committee staff members working on a report about the agency’s detention program, searched the computers after the committee completed its report and referred a criminal case to the Justice Department in an attempt to thwart their investigation.
  • Ms. Feinstein’s disclosures came a week after it was first reported that the C.I.A. last year had monitored computers used by her staff in an effort to learn how the committee may have gained access to the agency’s own internal review of the detention and interrogation program that became perhaps the most criticized part of the American government’s response to the Sept. 11, 2001, attacks. Ms. Feinstein said the internal review bolstered the conclusions of the committee’s still-classified report on the program, which President Obama officially ended in January 2009 after sharply criticizing it during the 2008 presidential campaign. For an intelligence community already buffeted by controversies over electronic surveillance and armed drone strikes, the rupture with Ms. Feinstein, one of its closest congressional allies, could have broad ramifications.
  • “Feinstein has always pushed the agency in private and defended it in public,” said Amy B. Zegart, who studies intelligence issues at Stanford University. “Now she is skewering the C.I.A. in public. This is a whole new world for the C.I.A.”Ms. Feinstein, who had refused to comment on the dispute between the C.I.A. and her committee, took the Senate floor on Tuesday morning to say the agency’s actions had breached constitutional provisions for the separation of powers and “were a potential effort to intimidate.” “How this will be resolved will show whether the Intelligence Committee can be effective in monitoring and investigating our nation’s intelligence activities, or whether our work can be thwarted by those we oversee,” she said.
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  • The dispute came to a head in mid-January when Mr. Brennan told members of the committee that the agency had carried out a search of computers used by committee investigators at a C.I.A. facility in Northern Virginia, where the committee was examining documents the agency had made available for its report. Ms. Feinstein said on Tuesday that during the meeting, Mr. Brennan told her that the C.I.A. had searched a “walled-off committee network drive containing the committee’s own internal work product and communications” and that he was going to “order further forensic evidence of the committee network to learn more about activities of the committee’s oversight staff.”
  • The C.I.A. had carried out the search to determine whether committee investigators may have gained unauthorized access to the internal review of the detention program that the agency had carried out without informing the committee. Ms. Feinstein on Tuesday vigorously disputed this allegation, saying the document had been included — intentionally or not — as part of a dump of millions of pages the C.I.A. had provided for the Intelligence Committee.
  • Mr. Brennan, in a January letter to Ms. Feinstein that a government official who did not want to be identified released on Tuesday, said the committee had not been entitled to the internal review because it contained “sensitive, deliberative, pre-decisional C.I.A. material”— and therefore was protected under executive privilege considerations. The letter, attached to a statement that Mr. Brennan issued to the agency’s employees on Tuesday, raised questions about Ms. Feinstein’s statements earlier in the day concerning at what point the committee came into possession of the internal review. The C.I.A.’s acting general counsel has referred the matter to the Justice Department as a possible criminal offense, a move Ms. Feinstein called a strong-arm tactic by someone with a conflict of interest in the case. She said that that official had previously been a lawyer in the C.I.A.’s Counterterrorism Center — the section of the spy agency that was running the detention and interrogation program — and that his name is mentioned more than 1,600 times in the committee’s report. Ms. Feinstein did not name the lawyer, but she appeared to be referring to Robert Eatinger, the C.I.A.’s senior deputy general counsel. In 2007, The New York Times reported that when a top C.I.A. official in 2005 destroyed videotapes of brutal interrogations of Al Qaeda detainees, Mr. Eatinger had been one of two lawyers to approve their destruction.
  • Ms. Feinstein said that on two occasions in 2010, the C.I.A. had removed documents totaling hundreds of pages from the computer server used by her staff at the Northern Virginia facility. She did not provide any details about the documents, but said that when committee investigators confronted the C.I.A. they received a number of answers — first a denial that the documents had been removed, then an explanation that they had been removed by contractors working at the facility, then an explanation that the removal of documents was ordered by the White House. When the committee approached the White House, she said, it denied giving such an order.Ms. Feinstein’s broadside rallied Senate Democrats, but divided Republicans.
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    The separation of powers Constitutional issue here is plain. The Senate has oversight of the CIA; the CIA has no lawful oversight of the Senate and furthermore is forbidden by law from conducting surveillance within the U.S. But the CIA spied on the Senate, then used evidence it found to file a criminal complaint with the DoJ against Senate staffers. Tit for tat, a criminal complaint has been filed against the CIA staffers.   
Paul Merrell

Edward Snowden: US government spied on human rights workers | World news | The Guardian - 0 views

  • The US has spied on the staff of prominent human rights organisations, Edward Snowden has told the Council of Europe in Strasbourg, Europe's top human rights body.Giving evidence via a videolink from Moscow, Snowden said the National Security Agency – for which he worked as a contractor – had deliberately snooped on bodies like Amnesty International and Human Rights Watch.He told council members: "The NSA has specifically targeted either leaders or staff members in a number of civil and non-governmental organisations … including domestically within the borders of the United States." Snowden did not reveal which groups the NSA had bugged.The assembly asked Snowden if the US spied on the "highly sensitive and confidential communications" of major rights bodies such as Amnesty and Human Rights Watch, as well as on similar smaller regional and national groups. He replied: "The answer is, without question, yes. Absolutely."
  • Snowden, meanwhile, dismissed NSA claims that he had swiped as many as 1.7m documents from the agency's servers in an interview with Vanity Fair. He described the number released by investigators as "simply a scare number based on an intentionally crude metric: everything that I ever digitally interacted with in my career."He added: "Look at the language officials use in sworn testimony about these records: 'could have,' 'may have,' 'potentially.' They're prevaricating. Every single one of those officials knows I don't have 1.7m files, but what are they going to say? What senior official is going to go in front of Congress and say, 'We have no idea what he has, because the NSA's auditing of systems holding hundreds of millions of Americans' data is so negligent that any high-school dropout can walk out the door with it'?"In live testimony to the Council of Europe, Snowden also gave a forensic account of how the NSA's powerful surveillance programs violate the EU's privacy laws. He said programs such as XKeyscore, revealed by the Guardian last July, use sophisticated data mining techniques to screen "trillions" of private communications."This technology represents the most significant new threat to civil liberties in modern times," he declared.
  • XKeyscore allows analysts to search with no prior authorisation through vast databases containing emails, online chats, and the browsing histories of millions of individuals.Snowden said on Tuesday that he and other analysts were able to use the tool to select an individual's metadata and content "without judicial approval or prior review".In practical terms, this meant the agency tracked citizens not involved in any nefarious activities, he stressed. The NSA operated a "de facto policy of guilt by association", he added.Snowden said the agency, for example, monitored the travel patterns of innocent EU and other citizens not involved in terrorism or any wrongdoing.The 30-year-old whistleblower – who began his intelligence career working for the CIA in Geneva – said the NSA also routinely monitored the communications of Swiss nationals "across specific routes".
Paul Merrell

Dutch MH17 Investigation Omits US "Intel". Fabrications and Omissions Supportive of US-... - 0 views

  • The absence of America’s so-called “intelligence” regarding the downing of Malaysia Airlines MH17 over Ukraine in a 34 page Dutch Safety Board preliminary report raises serious questions about the credibility and legitimacy of both America’s political agenda, and all agencies, organizations, and political parties currently behind it. The report titled, “Preliminary Report: Crash involving Malaysia Airlines Boeing 777-200 flight MH17″ (.pdf), cites a wide variety of evidence in its attempt to determine the cause of flight MH17′s crash and to prevent similar accidents or incidents from occurring again in the future. Among this evidence includes the cockpit voice recorder (CVR), the flight data recorder (FDR), analysis of recorded air traffic control (ATC) surveillance data and radio communication, analysis of the meteorological circumstances, forensic examination of the wreckage (if recovered and possible foreign objects if found), results of the pathological investigation, and analysis of the in-flight break up sequence.
  • Satellite images are referenced in regards to analyzing the crash site after the disaster, however, no where in the report is mentioned any evidence whatsoever of satellite images of missile launchers, intelligence from the United States regarding missile launches, or any information or evidence at all in any regard suggesting a missile had destroyed MH17. In fact, the report concludes by stating: This report is preliminary. The information must necessarily be regarded as tentative and subject to alternation or correction if additional evidence becomes available. Further work will at least include the following areas of interest to substantiate the factual information regarding:
  • The report specifically mentions information collected from Russia, including air traffic control and radar data – both of which were publicly shared by Russia in the aftermath of the disaster. The report also cites data collected from Ukraine air traffic controllers. The United States however, apart from providing technical information about the aircraft itself considering it was manufactured in the US, provided absolutely no data in any regard according to the report.
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  • In the wake of the MH17 tragedy, the West would rush through a series of sanctions against Russia as well as justify further military aid for the regime in Kiev, Ukraine and the literal Neo-Nazi militant battalions serving its pro-Western agenda amid a brutal civil war raging in the country’s eastern most provinces. With sanctions in hand, and the war raging on in earnest, the MH17 disaster dropped entirely out of Western narratives as if it never occurred. Surely if the West had solid evidence implicating eastern Ukrainian rebels and/or Russia, the world would never have heard the end of the MH17 disaster until the truth was fully aired before the public. When Dutch investigators published their preliminary report, the West merely reiterated its original claims, simply imposing their contradictory nature upon the report – most likely believing the public would never actually read its 34 pages. For example, Reuters in a report titled, “Malaysia: Dutch report suggests MH-17 shot down from ground,” would brazenly claim:
  • Had the US actually possessed any credible information to substantiate its claims that MH17 was shot down by a missile, such evidence surely would have been submitted to and included in the Dutch Safety Board’s preliminary reporting. That it is predictably missing confirms what commentators, analysts, and politicians around the world had long since suspected – the West’s premature conclusions regarding MH17′s demise were driven by a political agenda, not a factually based search for the truth. The evidence that MH17 was shot down by a missile as the West insisted is missing because it never existed in the first place. That the Dutch Safety Board possesses such a vast amount of information but is still unable to draw anything but the most tentative conclusions, exposes the alleged certainty of Western pundits and politicians in the hours and days after MH17′s loss as an utterly irresponsible, politically motivated, exploitation of tragedy at best, and at worst, exposing the West – NATO in particular – as possible suspects in a crime they clearly stood the most to benefit from.
  • Malaysia Airlines flight MH17 broke apart over Ukraine due to impact from a large number of fragments, the Dutch Safety Board said on Tuesday, in a report that Malaysia’s prime minister and several experts said suggested it was shot down from the ground. The title of Reuters’ propaganda piece directly contradicts its first paragraph which reveals “experts,” not the actual Dutch Safety Board report, claimed it was “shot down from the ground,” while the report itself says nothing of the sort. The experts cited by Reuters in fact had no association whatsoever with the preliminary report and instead are the same mainstay of cherry picked commentators the West constantly defers to while building up and perpetuating utterly fabricated narratives to advance its agenda globally.
Paul Merrell

Army Views Emerging Intelligence Technologies - Secrecy News - 0 views

  • “Emerging Intelligence Technologies” is the theme of the latest issue of the U.S. Army’s Military Intelligence Professional Bulletin (MIPB), January-March 2014. “Rapid technology developments in response to urgent wartime requirements have brought the intelligence community (IC) some tremendous new capabilities. Advancement in the areas of biometrics, battlefield forensics, miniaturization, SIGINT terminal guidance, DCGS-A, and distributed processing have been vital to the success of Military Intelligence (MI) and the Army,” wrote Maj. Gen. Robert P. Ashley. “This issue of MIPB looks at several of these capabilities and their integration into our formations.” The new Bulletin was obtained under the Freedom of Information Act.
Paul Merrell

Asia Times Online :: It was Putin's missile! - 0 views

  • And here's the spin war verdict: the current Malaysia Airlines tragedy - the second in four months - is "terrorism" perpetrated by "pro-Russian separatists", armed by Russia, and Vladimir Putin is the main culprit. End of story. Anyone who believes otherwise, shut up. Why? Because the CIA said so. Because Hillary "We came, we saw, he died" Clinton said so. Because batshit crazy Samantha "R2P" Power said so - thundering at the UN, everything duly printed by the neo-con infested Washington Post. [1] Because Anglo-American corporate media - from CNN to Fox (who tried to buy Time Warner, which owns CNN) - said so. Because the President of the United States (POTUS) said so. And mostly because Kiev had vociferously said so in the first place.
  • Right off the bat they were all lined up - the invariably hysterical reams of "experts" of the "US intelligence community" literally foaming at their palatial mouths at "evil" Russia and "evil" Putin; intel "experts" who could not identify a convoy of gleaming white Toyotas crossing the Iraqi desert to take Mosul. And yet they have already sentenced they don't need to look any further, instantly solving the MH17 riddle.
  • It doesn't matter that President Putin has stressed the MH17 tragedy must be investigated objectively. And "objectively" certainly does not mean that fictional "international community" notion construed by Washington - the usual congregation of pliable vassals/patsies. And what about Carlos?
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  • A simple search at reveals that MH17 was in fact diverted 200 kilometers north from the usual flight path taken by Malaysia Airlines in the previous days - and plunged right in the middle of a war zone. Why? What sort of communication MH17 received from Kiev air control tower? Kiev has been mute about it. Yet the answer would be simple, had Kiev released the Air Traffic Control recording of the tower talking to flight MH17; Malaysia did it after flight MH370 disappeared forever. It won't happen; SBU security confiscated it. So much for getting an undoctored explanation on why MH17 was off its path, and what the pilots saw and said before the explosion. The Russian Defense Ministry, for its part, has confirmed that a Kiev-controlled Buk anti-aircraft missile battery was operational near the MH17's crash. Kiev has deployed several batteries of Buk surface-to-air missile systems with at least 27 launchers; these are all perfectly capable of bringing down jets flying at 33,000 ft.
  • Radiation from a battery's Kupol radar, deployed as part of a Buk-M1 battery near Styla (a village some 30km south of Donetsk) was detected by the Russian military. According to the ministry, the radar could be providing tracking information to another battery which was at a firing distance from MH17's flight path. The tracking radar range on the Buk system is a maximum of 50 miles. MH17 was flying at 500 mph. So assuming the "rebels" had an operational Buk and did it, they would have had not more than five minutes to scan all the skies above, all possible altitudes, and then lock on. By then they would have known that a cargo plane could not possibly be flying that high. For evidence supporting the possibility of a false flag, check here.
  • And then there's the curiouser and curiouser story of Carlos, the Spanish air traffic controller working at Kiev's tower, who was following MH17 in real time. For some Carlos is legit - not a cipher; for others, he's never even worked in Ukraine. Anyway he tweeted like mad. His account - not accidentally - has been shut down, and he has disappeared; his friends are now desperately looking for him. I managed to read all his tweets in Spanish when the account was still online - and now copies and an English translation are available. These are some of his crucial tweets: "The B777 was escorted by 2 Ukrainian fighter jets minutes before disappearing from radar (5.48 pm)" "If the Kiev authorities want to admit the truth 2 fighter jets were flying very close a few minutes before the incident but did not shoot down the airliner (5.54)" "As soon as the Malaysia Airlines B777 disappeared the Kiev military authority informed us of the shooting down. How did they know? (6.00)"
  • "Everything has been recorded on radar. For those that don't believe it, it was taken down by Kiev; we know that here (in traffic control) and the military air traffic control know it too (7.14)" "The Ministry of the Interior did know that there were fighter aircraft in the area, but the Ministry of Defense didn't. (7.15)" "The military confirm that it was Ukraine, but it is not known where the order came from. (7.31)" Carlos's assessment (a partial compilation of his tweets is collected here http://slavyangrad.wordpress.com/2014/07/18/spanish-air-controller-kiev-borispol-airport-ukraine-military-shot-down-boeing-mh17/ ): the missile was fired by the Ukraine military under orders of the Ministry of Interior - NOT the Ministry of Defense. Security matters at the Ministry of the Interior happen to be under Andriy Parubiy, who was closely working alongside US neo-cons and Banderastan neo-nazis on Maidan.
  • Assuming Carlos is legit, the assessment makes sense. The Ukrainian military are divided between Chocolate king President Petro Poroshenko - who would like a d?tente with Russia essentially to advance his shady business interests - and Saint Yulia Timoshenko, who's on the record advocating genocide of ethnic Russians in Eastern Ukraine. US neo-cons and US "military advisers" on the ground are proverbially hedging their bets, supporting both the Poroshenko and Timoshenko factions. So who profits? The key question remains, of course, cui bono? Only the terminally brain dead believe shooting a passenger jet benefits the federalists in Eastern Ukraine, not to mention the Kremlin. As for Kiev, they'd have the means, the motive and the window of opportunity to pull it off - especially after Kiev's militias have been effectively routed, and were in retreat, in the Donbass; and this after Kiev remained dead set on attacking and bombing the population of Eastern Ukraine even from above. No wonder the federalists had to defend themselves.
  • And then there's the suspicious timing. The MH17 tragedy happened two days after the BRICS announced an antidote to the IMF and the World Bank, bypassing the US dollar. And just as Israel "cautiously" advances its new invasion/slow motion ethnic cleansing of Gaza. Malaysia, by the way, is the seat of the Kuala Lumpur War Crimes Commission, which has found Israel guilty of crimes against humanity. Washington, of course, does profit. What the Empire of Chaos gets in this case is a ceasefire (so the disorganized, battered Kiev militias may be resupplied); the branding of Eastern Ukrainians as de facto "terrorists" (as Kiev, Dick Cheney-style, always wanted); and unlimited mud thrown over Russia and Putin in particular until Kingdom Come. Not bad for a few minutes' work. As for NATO, that's Christmas in July. From now on, it all depends on Russian intelligence. They have been surveying/tracking everything that happens in Ukraine 24/7. In the next 72 hours, after poring over a lot of tracking data, using telemetry, radar and satellite tracking, they will know which type of missile was launched, where from, and even produce communications from the battery that launched it. And they will have access to forensic evidence.
  • Unlike Washington - who already knows everything, with no evidence whatsoever (remember 9/11?) - Moscow will take its time to know the basic journalistic facts of what, where, and who, and engage on proving the truth and/or disproving Washington's spin. The historical record shows Washington simply won't release data if it points to a missile coming from its Kiev vassals. The data may even point to a bomb planted on MH17, or mechanical failure - although that's unlikely. If this was a terrible mistake by the Novorossiya rebels, Moscow will have to reluctantly admit it. If Kiev did it, the revelation will be instantaneous. Anyway we already know the hysterical Western response, no matter what; Russia is to blame. Putin is more than correct when he stressed this tragedy would not have happened if Poroshenko had agreed to extend a cease-fire, as Merkel, Hollande and Putin tried to convince him in late June. At a minimum, Kiev is already guilty because they are responsible for safe passage of flights in the airspace they - theoretically - control. But all that is already forgotten in the fog of war, tragedy and hype. As for Washington's hysterical claims of credibility, I leave you with just one number: Iran Air 655.
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    Pepe Escobar again.  Cui bono, indeed. It's the first question that should be asked when investigating any mystery.  
Paul Merrell

Benghazi chair: Clinton had a 'duty' to save her emails | TheHill - 0 views

  • The chairman of the House Select Committee on Benghazi says Hillary Clinton had an obligation to preserve all of the emails from the private server she used while serving as secretary of State. "Secretary Clinton had a statutory duty to preserve records from her time in office, she had a legal duty to cooperate and tell the truth with congressional investigators requesting her records, and she was personally subpoenaed the moment the Benghazi Committee became aware of her exclusive use of personal email and a server, and that the State department was not the custodian of her official record,” Rep. Trey Gowdy (R-S.C.) said in a statement. His remarks came hours after Clinton defended using a personal email account and argued the unique arrangement did not break any existing laws or regulations. ADVERTISEMENT"Everything I did was permitted," Clinton said in an interview with CNN. "There was no law, no regulation, there was nothing that did not give me the full authority to decide how I was going to communicate.”
  • Gowdy and other Republicans have demanded Clinton turn the server, which her attorney says has been wiped clean of data, over to a neutral third-party who can conduct a forensic analysis and determine if any information can still be salvaged. "For more than two years, Clinton never availed herself of the opportunity, even in response to a direct congressional inquiry, to inform the public of her unusual email arrangement designed to evade public transparency,” Gowdy said. He said the State Department “should have informed congressional investigators years ago” about Clinton’s server. "The fact of the matter is it took the Benghazi Committee to uncover Secretary Clinton's use of personal email and a server to conduct official State Department business,” Gowdy said.
  • “And it was Benghazi Committee inquiries that led the State Department to confirm Clinton failed to turn over all emails that should be part of her public record; that Clinton's personal emails and server in fact do contain classified information; that her emails from Sidney Blumenthal were solicited; and that she used more than one device for electronic communication, undercutting her 'convenience' claim,” he added. Gowdy said that following Clinton’s comments, “the committee does not know why or when she chose to wipe clean her personal server, but we do know her way of doing things provided an incomplete public record."
Paul Merrell

WikiLeaks statement on the mass recording of Afghan telephone calls by the NSA - 0 views

  • The National Security Agency has been recording and storing nearly all the domestic (and international) phone calls from two or more target countries as of 2013. Both the Washington Post and The Intercept (based in the US and published by eBay chairman Pierre Omidyar) have censored the name of one of the victim states, which the latter publication refers to as country "X". Both the Washington Post and The Intercept stated that they had censored the name of the victim country at the request of the US government. Such censorship strips a nation of its right to self-determination on a matter which affects its whole population. An ongoing crime of mass espionage is being committed against the victim state and its population. By denying an entire population the knowledge of its own victimisation, this act of censorship denies each individual in that country the opportunity to seek an effective remedy, whether in international courts, or elsewhere. Pre-notification to the perpetrating authorities also permits the erasure of evidence which could be used in a successful criminal prosecution, civil claim, or other investigations.
  • We know from previous reporting that the National Security Agency’s mass interception system is a key component in the United States’ drone targeting program. The US drone targeting program has killed thousands of people and hundreds of women and children in Afghanistan, Pakistan, Yemen and Somalia in violation of international law. The censorship of a victim state’s identity directly assists the killing of innocent people. Although, for reasons of source protection we cannot disclose how, WikiLeaks has confirmed that the identity of victim state is Afghanistan. This can also be independently verified through forensic scrutiny of imperfectly applied censorship on related documents released to date and correlations with other NSA programs (see http://freesnowden.is). We do not believe it is the place of media to "aid and abet" a state in escaping detection and prosecution for a serious crime against a population. Consequently WikiLeaks cannot be complicit in the censorship of victim state X. The country in question is Afghanistan.
Paul Merrell

Justice for the MH17 victims is what we all need | Oriental Review - 0 views

  • After keeping a meaningful two-month pause in covering the course of investigation of the MH17 tragedy, the international press has suddenly broke into another wave of baseless accusations against “pro-Russia separatists”, triggered by a “secret report” made by the BND (Bundesnachrichtendienst, German foreign intelligence) for the Bundestag Control Committee on October 8, 2014. Ten days later the Spiegel alleged that at the meeting the BND president Gerhard Schindler had provided “satellite images and diverse photo evidence” to back up his case “proving that pro-Russian separatists captured a BUK air defense missile system at a Ukrainian military base and fired a missile on July 17 that exploded in direct proximity to the Malaysian aircraft”. The allegation was immediately caught up by a number of other top international media. On October 20 Alexander Nerad’ko, the director of Russia’s Federal Air Transport Agency, invited the German intelligence to publish documentation demonstrating the involvement of the insurgents or the Ukrainian army in the disaster. Unfortunately, his request is not met till now. Ironically, one day before BND presented its report to Bundestag, the former Dutch Foreign Affairs Minister Frans Timmermans has casually let out that “the body of one passenger was found wearing an oxygen mask”.
  • This piece of information trashes the theory (which we used to hold too) of a shoot down by a surface-to-air missile as in this case the instantaneous depressurization of the MH17 passenger cabin would cause immediate death of all passengers. Both Western and Russian experts understand that serious conclusions on the causes of MH17 tragedy should be based on professional forensic study of the wreckage and damaging elements. All available technical data from Ukrainian dispatch lines, surveillance by Russia and USA, information of the Ukrainian Air Defense and Boeing Corporation should be made available for the International MH17 investigation commission. All other “leakages” are pointless talks and deceitful manipulation of the public opinion. E.g. the British barrister Alexander Mercouris has provided a detailed analysis depicting numerous controversies in the German report (as least in its clauses leaked to the press).
  • The Russian experts has already gathered all available data and released the Incident Report on MH17 tragedy back in mid-August this year. Its full text in English is available here.
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  • Of course, there are plenty of parties interested in concealing the real facts about flight MH17. Symptomatically, on August 8, 2014 the Ukraine, the Netherlands, Belgium and Australia signed a non-disclosure agreement on the crash investigation. Procrastination and delaying of an objective investigation by these sides and international organizations raises doubts whether the concerned parties will make public the findings and true circumstances of the crash of the Malaysia Airlines Boeing 777. Are the relatives of those who died in the flight MH17 the only interested people in bringing the real perpetrators of this horrible criminal act to justice?
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    The point using the body found wearing an oxygen mark ruling out a surface to air missile because of instant cabin depressurization is a very strong point. Another sign pointing to the Ukraine fighter jet shooting out the cockpit, instantly killing the cockpit crew through depressurization, but the plane continuing to fly on autopilot for a period of time before the passenger cabin depressurized. 
Paul Merrell

MH17 might have been shot down from air - chief Dutch investigator - RT News - 0 views

  • The chief Dutch prosecutor investigating the MH17 downing in eastern Ukraine does not exclude the possibility that the aircraft might have been shot down from air, Der Spiegel reported. Intelligence to support this was presented by Moscow in July. The chief investigator with the Dutch National Prosecutors' Office Fred Westerbeke said in an interview with the German magazine Der Spiegel published on Monday that his team is open to the theory that another plane shot down the Malaysian airliner. Following the downing of the Malaysian Airlines MH17 flight in July that killed almost 300 people, Russia’s Defense Ministry released military monitoring data, which showed a Kiev military jet tracking the MH17 plane shortly before the crash. No explanation was given by Kiev as to why the military plane was flying so close to a passenger aircraft. Neither Ukraine, nor Western states have officially accepted such a possibility.
  • Westerbeke said that the Dutch investigators are preparing an official request for Moscow’s assistance since Russia is not part of the international investigation team. Westerbeke added that the investigators will specifically ask for the radar data suggesting that a Kiev military jet was flying near the passenger plane right before the catastrophe. "Going by the intelligence available, it is my opinion that a shooting down by a surface to air missile remains the most likely scenario. But we are not closing our eyes to the possibility that things might have happened differently,” he elaborated.
  • Though the West has accused Eastern Ukrainian militia forces of shooting down the plane, it has provided only circumstantial evidence in support of such claims. Moscow has urged the US to release satellite images that prove its claims. “This may be a coincidence, but the US satellite flew over Ukraine at exactly the same time when the Malaysian airliner crashed,” a Russian Defense ministry spokesman said in a July statement.
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  • In his interview to the German media, Westerbeke also called on the US to release proof that supports its claims. “We remain in contact with the United States in order to receive satellite photos,” he said.
  • Westerbeke concluded that in the Netherlands 10 prosecutors are investigating the incident, as well as forensic experts and 80 policemen. While the Dutch also regularly hold meetings with colleagues from Malaysia, Australia and Ukraine.
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