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Paul Merrell

USA Freedom Act Passes House, Codifying Bulk Collection For First Time, Critics Say - T... - 0 views

  • After only one hour of floor debate, and no allowed amendments, the House of Representatives today passed legislation that opponents believe may give brand new authorization to the U.S. government to conduct domestic dragnets. The USA Freedom Act was approved in a 338-88 vote, with approximately equal numbers of Democrats and Republicans voting against. The bill’s supporters say it will disallow bulk collection of domestic telephone metadata, in which the Foreign Intelligence Surveillance Court has regularly ordered phone companies to turn over such data. The Obama administration claims such collection is authorized by Section 215 of the USA Patriot Act, which is set to expire June 1. However, the U.S. Court of Appeals for the Second Circuit recently held that Section 215 does not provide such authorization. Today’s legislation would prevent the government from issuing such orders for bulk collection and instead rely on telephone companies to store all their metadata — some of which the government could then demand using a “specific selection term” related to foreign terrorism. Bill supporters maintain this would prevent indiscriminate collection.
  • However, the legislation may not end bulk surveillance and in fact could codify the ability of the government to conduct dragnet data collection. “We’re taking something that was not permitted under regular section 215 … and now we’re creating a whole apparatus to provide for it,” Rep. Justin Amash, R-Mich., said on Tuesday night during a House Rules Committee proceeding. “The language does limit the amount of bulk collection, it doesn’t end bulk collection,” Rep. Amash said, arguing that the problematic “specific selection term” allows for “very large data collection, potentially in the hundreds of thousands of people, maybe even millions.” In a statement posted to Facebook ahead of the vote, Rep. Amash said the legislation “falls woefully short of reining in the mass collection of Americans’ data, and it takes us a step in the wrong direction by specifically authorizing such collection in violation of the Fourth Amendment to the Constitution.”
  • “While I appreciate a number of the reforms in the bill and understand the need for secure counter-espionage and terrorism investigations, I believe our nation is better served by allowing Section 215 to expire completely and replacing it with a measure that finds a better balance between national security interests and protecting the civil liberties of Americans,” Congressman Ted Lieu, D-Calif., said in a statement explaining his vote against the bill.
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  • Not addressed in the bill, however, are a slew of other spying authorities in use by the NSA that either directly or inadvertently target the communications of American citizens. Lawmakers offered several amendments in the days leading up to the vote that would have tackled surveillance activities laid out in Section 702 of the Foreign Intelligence Surveillance Act and Executive Order 12333 — two authorities intended for foreign surveillance that have been used to collect Americans’ internet data, including online address books and buddy lists. The House Rules Committee, however, prohibited consideration of any amendment to the USA Freedom Act, claiming that any changes to the legislation would have weakened its chances of passage.
  • The measure now goes to the Senate where its future is uncertain. Majority Leader Mitch McConnell has declined to schedule the bill for consideration, and is instead pushing for a clean reauthorization of expiring Patriot Act provisions that includes no surveillance reforms. Senators Ron Wyden, D-Ore., and Rand Paul, R-Ky., have threated to filibuster any bill that extends the Patriot Act without also reforming the NSA.
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    Surprise, surprise. U.S. "progressive" groups are waging an all-out email lobbying effort to sunset the Patriot Act. https://www.sunsetthepatriotact.com/ Same with civil liberties groups. e.g., https://action.aclu.org/secure/Section215 And a coalition of libertarian organizations. http://docs.techfreedom.org/Coalition_Letter_McConnell_215Reauth_4.27.15.pdf
Paul Merrell

NUJ members under police surveillance mount collective legal challenge - National Union... - 0 views

  • Six NUJ members have discovered that their lawful journalistic and union activities are being monitored and recorded by the Metropolitan Police. They are now taking legal action against the Metropolitan Police Commissioner and the Home Secretary to challenge this ongoing police surveillance. The NUJ members involved in the legal challenge include Jules Mattsson, Mark Thomas, Jason Parkinson, Jess Hurd, David Hoffman and Adrian Arbib. All of them have worked on media reports that have exposed corporate and state misconduct and they have each also previously pursued litigation or complaints arising from police misconduct. In many of those cases, the Metropolitan Police Commissioner has been forced to pay damages, apologise and admit liability to them after their journalistic rights were curtailed by his officers at public events.
  • The surveillance was revealed as part of an ongoing campaign, which began in 2008, during which NUJ members have been encouraged to obtain data held about them by the authorities including the Metropolitan Police 'National Domestic Extremism and Disorder Intelligence Unit' (NDEDIU). The supposed purpose of the unit is to monitor and police so called 'domestic extremism'. In the course of the campaign, a number of NUJ members have obtained data held about them and the union fears there are many more journalists and union members being monitored.
  • The NUJ has instructed Bhatt Murphy Solicitors to pursue the case. The cases raise significant and wide-ranging concerns about: the impact on privacy, the chilling effect on the ability of NUJ members and journalists to do their jobs, and their ability to take part in legitimate trade union activity. The claim challenges the surveillance and retention of data on the basis that it is unnecessary, disproportionate and not in accordance with the law. Journalists and union members have no way of knowing the circumstances in which their activities are monitored, retained, disclosed and systematically stored on secret police 'domestic extremism' databases. The NUJ continues to offer support and assistance to the members involved and extends its support to other media workers who may be affected. The union is extremely concerned by the lack of legal safeguards to protect the press and trade unions from state interference, and believes the actions of the authorities do not abide by domestic law and the European Convention on Human Rights, including Article 8 on privacy, Article 10 on freedom of expression and Article 11 on freedom of assembly and association.
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  • I'm A Photographer Not A Terrorist – NUJ supported campaign. Met's journalist files include details of sexual orientation, childhood and family medical history - Jules MattssonTimes journalist Jules Mattsson is one of six members of the NUJ to launch a legal challenge against the Metropolitan Police after finding that it keeps surveillance files on them in a database of Domestic Extremism. When police spy on journalists like me, freedom is at risk - Jason N ParkinsonPersistent requests under the Data Protection Act revealed that files were kept on journalists who were simply doing their job IFJ backs legal challenge by journalists over police surveillance in UKThe International Federation of Journalists has joined in supporting six NUJ members who have taken legal action against the Metropolitan Police and the Home Secretary. The legal challenge concerns the monitoring and recording of their lawful journalistic and union activities.
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    Two excellent short videos on this page. It's disturbing that police are ignoring the EU Convention on Human Rights. Related, legislation is currently in Parliament to grant the government the power to censor any form of "extremism" on the Web, with the term "extremism" left undefined.   Civil liberties have been under attack in the UK for at least 1,000 years. Time for a new Magna Carta?
Paul Merrell

The West Wants Turkey Out - nsnbc international | nsnbc international - 0 views

  • The downing of Russia’s Su-24 bomber by the Turkish Air Force is “one of the nightmare scenarios that military planners had envisaged as a result of Moscow’s decision to enter the conflict,” reports The Financial Times.
  • In turn, The Washington Post believes that “NATO faced being thrust into a new Middle Eastern crisis… The incident marked a serious escalation in the Syrian conflict that is likely to further strain relations between Russia and the NATO alliance.” The Guardian argues that we’ve witnessed “a nerve-jangling event, that raised the spectre of a direct confrontation between two large powers: one a Nato member, the other nuclear-armed”. While it’s clear that neither Russia nor NATO wants to go to war against each other, each side is trying to deal with the situation and identify the reasons that provoked the recent crisis and, what’s even more important, to establish who’s at fault.
  • However, to resolve the difficult crisis that followed the destruction of the Russian Su-24 quickly, the West is now searching for those “guilty” of this blatant attack, which is, without a doubt, the Turkish leader – Tayyip Erdogan. It seems that NATO states are not afraid to criticize Turkey for its actions against Russia. Vice-Chancellor of the Federal Republic of Germany and the chairman of the Social Democratic Party of Germany (SPD) Sigmar Gabriel expressed harsh criticism of Turkey after the downing of Russia’s Su-24 bombers by labeling it an “unpredictable player”, reports the German Die Welt. The members of NATO fear that the “impulsive actions” of Turkey’s President will force them into a new major conflict, and NATO is not prepared to fight it yet. These “impulsive actions” may trigger the response that is required by Article 5 of the North Atlantic Treaty. No wonder Hollande, while declaring war against ISIL, made no reference of Article 5, by quoting the EU Lisbon Treaty instead.
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  • France is convinced that once the “Muslim Brotherhood” came to power in Turkey, headed by Recep Tayyip Erdogan, Turkey has become a major headache for Western politicians, says Le Figaro. According to its journalists, Turkey used to be an ally of the West, however, it is nothing of the kind anymore. Relations with Turkey took a U-turn once Erdogan started systematically “undermining” Turkey’s strategic relations with Israel which were stable since 1949. Anti-Turkish sentiments in the West were aggravated even further by the games Erdogan had been playing during the “Arab Spring”, when he first became a close friend of Bashar al-Assad, and then stabbed him in the back by allowing jihadists from around the world to swarm into Syria by crossing through Turkey’s territory. When the sworn enemies of Erdogan – local Kurds were dying in a heroic defense of the city of Kobani, Turkey did nothing to relieve their suffering, waiting for Western countries to save the population of the city instead. In this context it’s curious what the former NATO commander of Europe, Ret. General Wesley Clark, has been saying about Turkey : “Let’s be very clear: ISIL is not just a terrorist organization, it is a Sunni terrorist organization. It means it blocks and targets Shia, and that means it’s serving the interests of Turkey and Saudi Arabia even as it poses a threat to them All along there’s always been the idea that Turkey was supporting ISIS in some way… Someone’s buying that oil that ISIL is selling, it’s going through somewhere. It looks to me like it’s probably going through Turkey, but the Turks have never acknowledged it.” Here’s the reason why Russia was stabbed in the back by a NATO member country.
  • Once Russia began military operations against ISIL in Syria, Ankara’s relations with Washington started deteriorating rapidly. The situation we have on our hands now is further complicated by the fact that it was “defenseless” Turkomans who were shooting Russian pilots as they descended with parachutes, along with bringing down a Russian helicopter that was sent to rescue the pilots. All the recent NATO meetings have been stained by concerns that the Turkish agenda in Syria has little to do with the position of the West. Now that Erdogan’s arrogance has become apparent to everyone, even though he allowed the US Air Force to use a base in Turkey’s territory, he has also been launching attacks against Syrian Kurds that remain the most faithful allies of Washington in the fight against ISIL. It is, therefore, hardly surprising that a retired US Major General Paul Vallely accused the Turkish government of an attempt to create a new Ottoman Empire. According to him, due to all well-known facts of Ankara’s assistance to the Islamic State, Turkey should be expelled from NATO. The Washington Times is also questioning Turkey as a member state of NATO, while underlying that the attack on the Russian Su-24 makes this debate particularly relevant and timely. The newspaper notes that Ankara has been providing ISIL units with close air support when the latter was fighting Kurds in Syria and Iraq. Its journalists are convinced that Turkey has been turned into a theocratic Islamist dictatorship, where the freedom of the press is gradually been destroyed.
  • The conservative American Thinker goes even further by claiming it’s about time to replace Turkey with Russia in NATO, since the West has more in common with Russia than with the Islamist Turkey. To support this position, the magazine notes that when Turkey joined NATO back in February 1952, the advocates of this step argued that they need an Islamic state to prevent Soviet expansion in the region from happening. But it’s clear that this was a deal with the devil. After all, it was the Turkish invasion of Cyprus in 1974 that broke the alliance apart, forcing Greece to withdraw its troop from under NATO command. In 2012, Syria shot down a Turkish fighter since it was deliberately violating its airspace. Later that same year, Turkey bombarded government facilities in Syria. For decades, Turkey has used NATO membership, in order to achieve its own objectives, which, as a rule, do not coincide with the interests of the alliance. In the early 2000s, Turkey chose to demonstrate its support of Islamism, which has always been a more serious threat to the West than the Soviet Union. Therefore, it seems that the American Thinker has expressed the opinion of a larger part of the western public, by urging NATO to get in an alliance with Russia against Islamism, including the “Islamic state of Turkey.”
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    When considering Turkey being booted out of NATO, let's not forget its role in staging the false flag sarin gas attack in Syria that was aimed at provoking the U.S. into attacking Syria --- and almost succeeded.  But better still, let's dissolve NATO. Its reason for existence disappeared when the Soviet Union disintegrated. 
Paul Merrell

The Feds & Media: How the FBI Destroyed Journalism | nsnbc international - 0 views

  • James Comey, director of the Federal Bureau of Investigations (FBI) defended the use of an FBI agent posing as an Associated Press journalist in order to install spyware into the computer of a teenager from Lacy, Washington State.
  • Comey said in an open letter published in mainstream media that the FBI did not “overstep its bounds” while using deceptive tactics during their investigation into the teen who was in communication “online with the” FBI agent.” According to Comey: “An F.B.I. agent communicated online with the anonymous suspect. Relying on an agency behavioral assessment that the anonymous suspect was a narcissist, the online undercover officer portrayed himself as an employee of The Associated Press, and asked if the suspect would be willing to review a draft article about the threats and attacks, to be sure that the anonymous suspect was portrayed fairly.” To entrap the student, the FBI produced a fake news report provided by the FBI agent to the Associated Press regarding a “technology savvy student holds Timberline High School hostage.”
  • The Reporters Committee for Freedom of the Press (RCFP) wrote a letter to Holder and Comey explaining : “The warrant for such action apparently did not mention that the tracker was delivered as an AP article, with an AP byline “and therefore impersonated a news media organization.” Concerned that the FBI not only failed to follow its own guidelines for such activity, but also did not make clear to the judge who signed the warrant or FBI counsel that the software ‘impersonated a media organization or that there were First Amendment concerns at stake’.”
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  • The FBI agent made sure the teen saw the article which facilitated the downloading of spyware into the boy’s computer in order to track the child’s online whereabouts. Kathy Best, executive editor of the Seattle Times commented : “The FBI, in placing the name of The Associated Press on a phony story sent to a criminal suspect, crossed a line and undermined the credibility of journalists everywhere – including at The Times.” The FBI maintains that “the operation was aimed at preventing tragedy. We were fortunate that information provided by the public gave us the opportunity to step into a potentially dangerous situation before it was too late.” Kathleen Carroll, executive editor of AP said : “This latest revelation of how the FBI misappropriated the trusted name of the Associated Press doubles our concern and outrage, expressed earlier to Attorney General Eric Holder, about how the agency’s unacceptable tactics undermine AP and the vital distinction between the government and the press.”
  • The RCFP continued in their letter: “The utilization of news media as a cover for delivery of electronic surveillance software is unacceptable. This practice endangers the media’s credibility and creates the appearance that it is not independent of the government. It undermines media organizations’ ability to independently report on law enforcement.” Ironically, the FBI have a program targeting teenagers called, “The FBI Teen Reporter’s Workshop” where “selected” high school students in New York are brought to the FBI field office to “learn about how the FBI interacts with the media. In addition to hearing about the overall mission of the FBI and the mission of the Office of Public Affairs, the teens have the opportunity to meet members of the media and to take photos with FBI equipment.”
Gary Edwards

The GOP Should Be Mindful Of August And Take Back Up Holding the Line | RedState - 0 views

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    The White House no longer has a commander in chief in charge, but a professional victim. Last week, it was the Arab Spring, those damn Europeans, Mother Nature, etc. Now it is all about those evil tea partiers. For three years, Barack Obama has blamed George W. Bush for all his ills. Yes, it is true, Barack Obama inherited an economy sliding backward. But it is also true Barack Obama inherited a AAA credit rating from George W. Bush. Obama's policies have exacerbated a bad economy and caused us to lose our credit rating. But still, expect a full court press to blame the GOP and Tea Party. So I have some quick advice for the GOP. Back when S&P said it was considering a down grade, it set out two criteria to avoid losing the downgrade: (1) at least $4 trillion in cuts and (2) bipartisan support. Only the tea party movement came up with such a plan - Cut, Cap, and Balance. It received bipartisan support in the House, came within five votes of a majority in the Senate, and not only cut $4 trillion, but put caps on future government spending and balanced the federal budget. No other plan, including the public grand bargain and Barack Obama's own super-double-top-secret plan that no one has ever seen did that. Were I in Republican Leadership in Washington, I would haul my butt back to D.C. right now and start fighting again for Cut, Cap, and Balance. 66% of Americans support the plan. It is the only plan that would have avoided a credit decline. Go back and pick up the fight on the front lines for freedom. And if they just can't, they they better point out to the new Super Committee that it was, in fact, possible to cut $4 trillion without enacting job killing tax increases and encourage them to send back as its package Cut, Cap, and Balance.
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    The Tea Party passed two plans to restore USA crdibility and good standing: The Ryan Balanced Budget and the Cut, Cap & Balance plan. Both plans passed the House with bipartisan support. Both plans were acceptable to the credit rating agencies, including Standard & Poor. Both plans were blocked by the Democrats in the Senate, and, threatened with a veto from Obama. The people with no plan blocked the only plans that would have saved the USA credit rating. Rush made the point this morning that if Obama and the Democrats cared about this country, they would be insisting that both the Tea Party plans, the Ryan Balanced Budget and the Cut, Cap & Balance plans be put forward in the Senate immediately for a vote, with the full backing of Obama. Rush pointed out that if Obama and the Democrats didn't do this, or didn't come forward with a proposal of their own that actually qualified and met the credit ratings agencies $4 Trill - stop the reckless spending criteria debt concerns, then our worst fears would be confirmed. Our worst fears being that Obama and the Democrats are worse than mere incompetent socialist ideologues. That they are in fact out to destroy the goose that laid the golden egg: Constitutional Capitalism, American exceptionalism, and our God given right to life liberty and the pursuit of happiness that under-girds the extraordinary story of American prosperity. So Obama has a choice today. He either complies with the demands that the USA Government get it's finances in order by supporting the credit ratings approved Tea Party plans. Or, explain why his vision of a downgraded, prosperity bereft and indentured debt bound America is the way forward. Time to start demanding resignations. The fish rots from the head.
Paul Merrell

Tech firms and privacy groups press for curbs on NSA surveillance powers - The Washingt... - 0 views

  • The nation’s top technology firms and a coalition of privacy groups are urging Congress to place curbs on government surveillance in the face of a fast-approaching deadline for legislative action. A set of key Patriot Act surveillance authorities expire June 1, but the effective date is May 21 — the last day before Congress breaks for a Memorial Day recess. In a letter to be sent Wednesday to the Obama administration and senior lawmakers, the coalition vowed to oppose any legislation that, among other things, does not ban the “bulk collection” of Americans’ phone records and other data.
  • We know that there are some in Congress who think that they can get away with reauthorizing the expiring provisions of the Patriot Act without any reforms at all,” said Kevin Bankston, policy director of New America Foundation’s Open Technology Institute, a privacy group that organized the effort. “This letter draws a line in the sand that makes clear that the privacy community and the Internet industry do not intend to let that happen without a fight.” At issue is the bulk collection of Americans’ data by intelligence agencies such as the National Security Agency. The NSA’s daily gathering of millions of records logging phone call times, lengths and other “metadata” stirred controversy when it was revealed in June 2013 by former NSA contractor Edward Snowden. The records are placed in a database that can, with a judge’s permission, be searched for links to foreign terrorists.They do not include the content of conversations.
  • That program, placed under federal surveillance court oversight in 2006, was authorized by the court in secret under Section 215 of the Patriot Act — one of the expiring provisions. The public outcry that ensued after the program was disclosed forced President Obama in January 2014 to call for an end to the NSA’s storage of the data. He also appealed to Congress to find a way to preserve the agency’s access to the data for counterterrorism information.
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  • Despite growing opposition in some quarters to ending the NSA’s program, a “clean” authorization — one that would enable its continuation without any changes — is unlikely, lawmakers from both parties say. Sen. Ron Wyden (D-Ore.), a leading opponent of the NSA’s program in its current format, said he would be “surprised if there are 60 votes” in the Senate for that. In the House, where there is bipartisan support for reining in surveillance, it’s a longer shot still. “It’s a toxic vote back in your district to reauthorize the Patriot Act, if you don’t get some reforms” with it, said Rep. Thomas Massie (R-Ky.). The House last fall passed the USA Freedom Act, which would have ended the NSA program, but the Senate failed to advance its own version.The House and Senate judiciary committees are working to come up with new bipartisan legislation to be introduced soon.
  • The tech firms and privacy groups’ demands are a baseline, they say. Besides ending bulk collection, they want companies to have the right to be more transparent in reporting on national security requests and greater declassification of opinions by the Foreign Intelligence Surveillance Court.
  • Some legal experts have pointed to a little-noticed clause in the Patriot Act that would appear to allow bulk collection to continue even if the authority is not renewed. Administration officials have conceded privately that a legal case probably could be made for that, but politically it would be a tough sell. On Tuesday, a White House spokesman indicated the administration would not seek to exploit that clause. “If Section 215 sunsets, we will not continue the bulk telephony metadata program,” National Security Council spokesman Edward Price said in a statement first reported by Reuters. Price added that allowing Section 215 to expire would result in the loss of a “critical national security tool” used in investigations that do not involve the bulk collection of data. “That is why we have underscored the imperative of Congressional action in the coming weeks, and we welcome the opportunity to work with lawmakers on such legislation,” he said.
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    I omitted some stuff about opposition to sunsetting the provisions. They  seem to forget, as does Obama, that the proponents of the FISA Court's expansive reading of section 215 have not yet come up with a single instance where 215-derived data caught a single terrorist or prevented a single act of terrorism. Which means that if that data is of some use, it ain't in fighting terrorism, the purpose of the section.  Patriot Act § 215 is codified as 50 USCS § 1861, https://www.law.cornell.edu/uscode/text/50/1861 That section authorizes the FBI to obtain an iorder from the FISA Court "requiring the production of *any tangible things* (including books, records, papers, documents, and other items)."  Specific examples (a non-exclusive list) include: the production of library circulation records, library patron lists, book sales records, book customer lists, firearms sales records, tax return records, educational records, or medical records containing information that would identify a person." The Court can order that the recipient of the order tell no one of its receipt of the order or its response to it.   In other words, this is about way more than your telephone metadata. Do you trust the NSA with your medical records? 
Paul Merrell

Netanyahu Has Never Actually Supported a Palestinian State, Despite What He Told Obama - 0 views

  • IN A MEETING with President Obama today, Benjamin Netanyahu went through the familiar motions of expressing rhetorical support for a two-state solution to the Israel-Palestine conflict. Stating, “I remain committed to a vision of peace of two states for two peoples,” Netanyahu said that he wanted “make it clear that we have not given up our hope,” for achieving a two-state solution to the conflict. Just a day before this statement, however, the Israeli government took steps to ensure such a vision could never become reality, moving to authorize the construction of an additional 2,200 housing units in the occupied territories in the face of Palestinian opposition. The reason behind this apparent discrepancy between word and deed is that Netanyahu does not, and has essentially never, supported the creation of an actual Palestinian state. Last year, during the Israeli election, Netanyahu briefly acknowledged this fact himself, explicitly stating to voters that there would not be a Palestinian state during his tenure as prime minister if he was reelected. Despite this, the convenient fiction that the Israeli prime minister supports a “two-state solution” continues to linger in the United States. Why?
  • In 2009, however, that began to change. In June of that year, newly elected President Barack Obama, who had made rebuilding ties with the Muslim world a part of his foreign policy platform, gave a landmark speech in Cairo in which he said the United States “does not accept the legitimacy of continued Israeli settlements,” going on to describe them as contrary to previous agreements and an impediment to peace in the region. Israeli media would report at the time that Obama’s words “resonated through Jerusalem’s corridors.” In seeming recognition of shifting American sentiments on this issue, 10 days later Netanyahu gave what was billed as a landmark speech at Bar-Ilan University near Tel-Aviv, dealing in part with the subject of Palestinian statehood. In his address, hailed by the White House as an “important step forward,” Netanyahu endorsed for the first time the creation of what he called “a demilitarized Palestinian state” in the occupied territories. But the same speech added stipulations that, in sum, turned this so-called state into a rebranded version of Netanyahu’s 2000 “Palestinian entity,” with only limited autonomy. In private, just three months before the speech, Netanyahu was even more blunt about the limits he required for a more independent Palestinian territory, stipulating he could only support one “without an army or control over air space and borders,” according to diplomatic cables later released by WikiLeaks.
  • In a speech two years later to Congress, Netanyahu would go into more detail about the ridiculous conception of Palestinian “statehood” he was imagining, one in which the West Bank would be essentially bifurcated by massive Israeli settlement blocs, the prospective Palestinian capital of East Jerusalem would be surrounded by settlements, and the Israeli Defense Forces would continue to have “a long-term military presence” inside the newly independent “state.” Needless to say, such a proposal was unlikely ever to be accepted by the Palestinians, nor did it bear much resemblance to the independent statehood they had actually been seeking. Netanyahu let the mask drop even further in July 2014, when he stated in a press conference that “there cannot be a situation, under any agreement, in which we relinquish security control of the territory west of the River Jordan,” essentially outlining a position of permanent military occupation of Palestinian territories. In the run-up to the 2015 election, when he publicly disowned the idea of Palestinian statehood, Netanyahu would specifically repudiate his 2009 Bar-Ilan speech, stating that “there will be no withdrawals and no concessions,” and that the speech was “not relevant.” As recently as last week, Netanyahu told the Knesset Foreign Affairs and Defense Committee that “we need to control all of the territory for the foreseeable future,” before adding darkly that Israel “will forever live by the sword.”
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  • In light of all this, it’s difficult to take seriously Netanyahu’s most recent claim that he supports the creation of a Palestinian state. At best, he has in the past expressed support for a Palestinian “entity” with some features of self-governance (an idea that has well-known historical precedents), but certainly not one that affords genuine independence, freedom or statehood to its inhabitants. At his most brazen, he has denied the possibility of even that limited form of self-determination, stating bluntly that Israel will control the entire West Bank and keep its inhabitants under indefinite military subjugation. Netanyahu has nonetheless been allowed to maintain a convenient fiction that he supports the negotiated goal of Palestinian self-determination. In reality, he has never really supported it. Thanks in large part to Netanyahu’s leadership, a Palestinian state will likely never emerge. Due to his own obstinance, as well as American indulgence, a binational state or a formalized Apartheid regime have now become the most probable remaining outcomes to this disastrous, decades-long conflict.
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    Negotiation of a "2-state solution" for Israel and Palestine has never been anything more than an excuse for continuing the status quo, with Israel dominating both territories in an apartheid state. The 2-state solution, moreover, denies all residents of the former British Mandate Territory of Palestine (including present day Israel) of their fundamental right to self-determination of their form of government established by the U.N. Charter. And the notion of a 2-state solution with territorial swaps ignores the right of Arab residents of the Mandate Territory to return to their homes at the close of hostilities, a right specifically forbidden from being negotiable by Israel and the Palestinian authority; it is an individual right that governments cannot lawfully barter away.   I'm glad to see The Intercept taking a no holds barred, speak-truth-to-power  approach to the Israel-Palestine question. 
Paul Merrell

David Davis' devastating attack on our loss of privacy | Mail Online - 0 views

  • The last time the main parties got together in a closed room, did a deal and told the country there was a need to act urgently, we were on the edge of abandoning 300 years of press freedom.This time our privacy is under threat. In the name of security, the Government is fast-tracking legislation through Parliament that will allow it to collect huge quantities of our personal data. We would do well to remember the advice of Ben Franklin: ‘Those who would give up essential liberty, to purchase a little temporary safety, deserve neither liberty nor safety.’
  • The Government has engineered a ‘theatrical emergency’ – in this case terrorism and hidden paedophile rings – to ram the Data Retention and Investigatory Powers Bill through Parliament without proper debate. It is an insult to the supremacy of Parliament, to democracy and to the trust of the public.It was April 8 when the European Court of Justice struck down the Data Retention Directive for being incompatible with human rights. The Home Office has had time to put an alternative in place, so the excuses for why the legislation is being  fast-tracked are laughable.
  • It is a sad state of affairs when European courts are a greater defender of our ancient rights than Parliament and Her Majesty’s Government. Even the German Supreme Court overturned its far less invasive data collection laws for violating the privacy rights of German citizens. How far we have slipped, this birthplace of democracy, that our own judicial safeguards stand by while our hard-fought rights are stripped from us by a Government that has lost its sense of proportion in its fear of making a mistake.
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  • Even the statistics already released are cause for concern.  The 2013 report of the Interception of Communications Commissioner revealed that 514,608 requests were made for data. By comparison, the most requests issued by the FBI in a year is 56,507. How can it be our intelligence agencies made nine times the number of requests for communications data than their US counterparts?
  • After the ‘dodgy dossier’ on weapons of mass destruction, the deceit on rendition and torture, and the debacle over the snooper’s charter, it is hard to be confident.Our Government has claimed that intercepted communications data was the critical evidence in 95 per cent of all serious crime cases. This would seem to go against the experience of the Metropolitan Police, which in evidence to a joint committee stated that ‘communications data is used sparingly, because it is costly and resource intensive, and because of the need to… consider the impact of collateral intrusion on innocent people’.
  • What this Government is chasing is not public security, it is protection from blame if anything goes wrong. Those are not the same thing.One person’s loss of freedom is everybody’s loss of freedom, one person’s loss of privacy is everybody’s loss of privacy. We must stand up for our rights and not succumb to the politics of fear. Otherwise we give those who hate our civilisation an easy victory, without a shot being fired.
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    A UK M.P. critiques the full court press in the House of Commons for new legislation attempting to work around the EU Court of Justice ruling on electronic communication data retention laws.  Very nice essay.
Gary Edwards

Stasi in the White House - Paul Craig Roberts - 0 views

  • On June 19, 2013, US President Obama, hoping to raise himself above the developing National Security Agency (NSA) spy scandals, sought to associate himself with two iconic speeches made at the Brandenburg Gate in Berlin. Fifty years ago, President John F. Kennedy pledged: "Ich bin ein Berliner." In 1987, President Ronald Reagan challenged: "Mr. Gorbachev, tear down this wall." Obama's speech was delivered to a relatively small, specially selected audience of invitees. Even so, Obama spoke from behind bullet proof glass.
  • Obama's speech will go down in history as the most hypocritical of all time. Little wonder that the audience was there by invitation only. A real audience would have hooted Obama out of Berlin.
  • Obama spoke lofty words of peace, while beating the drums of war in Syria and Iran. Witness Obama's aggressive policies of surrounding Russia with missile bases and establishing new military bases in the Pacific Ocean with which to confront China.
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  • This is the same Obama who promised to close the Guantanamo Torture Prison, but did not; the same Obama who promised to tell us the purpose for Washington's decade-long war in Afghanistan, but did not; the same Obama who promised to end the wars, but started new ones; the same Obama who said he stood for the US Constitution, but shredded it; the same Obama who refused to hold the Bush regime accountable for its crimes against law and humanity; the same Obama who unleashed drones against civilian populations in Afghanistan, Pakistan and Yemen; the same Obama who claimed and exercised power to murder US citizens without due process and who continues the Bush regime's unconstitutional practice of violating habeas corpus and detaining US citizens indefinitely; the same Obama who promised transparency but runs the most secretive government in US history.
  • The tyrant's speech of spectacular hypocrisy elicited from the invited audience applause on 36 occasions.
  • Here was Obama, who consistently lies, speaking of "eternal truth."
  • Here was Obama, who enabled Wall Street to rob the American and European peoples and who destroyed Americans' civil liberties and the lives of vast numbers of Iraqis, Afghans, Yemenis, Libyans, Pakistanis, Syrians − and others, speaking of "the yearnings of justice."
  • Obama equates demands for justice with "terrorism."
  • Here was Obama, who has constructed an international spy network and a domestic police state, speaking of "the yearnings for freedom."
  • Obama has turned America into a surveillance state that has far more in common with Stasi East Germany than with the America of the Kennedy and Reagan eras. Strange, isn't it, that freedom was gained in East Germany and lost in America?
  • Here was Obama, president of a country that has initiated wars or military action against six countries since 2001 and has three more Muslim countries − Syria, Lebanon, and Iran − in its crosshairs and perhaps several more in Africa, speaking of "the yearnings of peace that burns in the human heart," but clearly not in Obama's heart.
  • At the Brandenburg Gate, Obama invoked the pledge of nations to "a Universal Declaration of Human Rights," but Obama continues to violate human rights both at home and abroad.
  • Obama has taken hypocrisy to new heights. He has destroyed US civil liberties guaranteed by the Constitution.
  • In place of a government accountable to law, he has turned law into a weapon in the hands of the government.
  • He has intimidated a free press and prosecutes whistleblowers who reveal his government's crimes. He makes no objection when American police brutalize peacefully protesting citizens.
  • His government intercepts and stores in National Security Agency computers every communication of every American and also the private communications of Europeans and Canadians, including the communications of the members of the governments, the better to blackmail those with secrets.
  • Obama sends in drones or assassins to murder people in countries with which the US is not at war, and his victims on most occasions turn out to be women, children, farmers and village elders.
  • Obama kept Bradley Manning in solitary confinement for nearly a year assaulting his human dignity in an effort to break him and obtain a false confession. In defiance of the US Constitution, Obama denied Manning a trial for three year
  • On Obama's instructions, London denies Julian Assange free passage to his political asylum in Ecuador. Assange has become a modern-day Cardinal Mindszenty.
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    Wow.  I remember Paul Craig Roberts writing on the backpage of NewsWeek Magazine, back in the late 1960's.  Wow, we've come a long way since the days of protesting the Vietnam War, the socialism behind LBJ's Great Society, and the outrageous coup d'état that took place with the in-your-face-America assassination of JFK.  The circle is almost complete. The American Constitution hangs by a thread.  The anger and heart ache of Paul Craig Roberts says it all. I wonder who will win this years "Dancing with the Stars" competition?
Paul Merrell

As Yemen Crumbled, a Disappeared US Detainee Called Home in Fear for His Life | VICE News - 0 views

  • On January 20, as Houthi fighters battled the guards watching the compound of Yemen's president and further expanded their grip on the capital, a US citizen who has been detained in Sana'a since 2010 and hasn't been seen in almost a year called home to say that the Shia rebels had taken over the prison where he is held and that they planned to "kill everyone," according to his wife who resides in the US."Yemen is in complete turmoil as of yesterday," she wrote on a Facebook page advocating for his release. "He was able to make a call and asked for his country, America, to save his life by rescuing him from a sectarian battle between two groups [with] which he has no involvement."Sharif Mobley, a 31-year-old father of three from New Jersey, was snatched by Yemeni security officers 5 years ago and is suspected by the US of having ties to terrorist groups after he made contract with US-born Islamist cleric Anwar al-Awlaki, who was killed in a US drone attack in Yemen in 2011. His wife, who lived with him at the time of his capture, said they had traveled to Yemen to study Arabic and the teachings of Islam.
  • On January 20, as Houthi fighters battled the guards watching the compound of Yemen's president and further expanded their grip on the capital, a US citizen who has been detained in Sana'a since 2010 and hasn't been seen in almost a year called home to say that the Shia rebels had taken over the prison where he is held and that they planned to "kill everyone," according to his wife who resides in the US.
  • On January 20, as Houthi fighters battled the guards watching the compound of Yemen's president and further expanded their grip on the capital, a US citizen who has been detained in Sana'a since 2010 and hasn't been seen in almost a year called home to say that the Shia rebels had taken over the prison where he is held and that they planned to "kill everyone," according to his wife who resides in the US."Yemen is in complete turmoil as of yesterday," she wrote on a Facebook page advocating for his release. "He was able to make a call and asked for his country, America, to save his life by rescuing him from a sectarian battle between two groups [with] which he has no involvement."Sharif Mobley, a 31-year-old father of three from New Jersey, was snatched by Yemeni security officers 5 years ago and is suspected by the US of having ties to terrorist groups after he made contract with US-born Islamist cleric Anwar al-Awlaki, who was killed in a US drone attack in Yemen in 2011. His wife, who lived with him at the time of his capture, said they had traveled to Yemen to study Arabic and the teachings of Islam.
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  • Mobley was shot in the leg during his abduction, and interrogated by FBI agents and representatives of the US Department of Defense while in hospital on January 30, 2010 — but never charged with terrorism. Instead, Yemeni authorities later charged him with the murder of a guard during a failed escape attempt, for which he now faces the death penalty. His lawyer was never formally notified of the charges against him.While his trial is ongoing, Mobley hasn't been seen in court since February 2014. In sporadic, frantic calls made from the cell phone of the occasional sympathetic guard, he has reportedly told his wife that he is being tortured and threatened. On his last call, two days before Yemen's president resigned, plunging the country into political chaos, Mobley once again told his wife that he fears for his life.
  • Mobley's lawyer, Cori Crider — the legal director of Reprieve, a UK-based legal aid group — told us that Islam is "really, really scared right now." "There is no trial process anymore, it hasn't happened for ages," said Crider, who hasn't been told where her client is and hasn't been able to speak with him in nearly a year. "[The US] really needs to renegotiate with what remains of the Yemeni state to get this guy deported and back to where he's gonna be safe, because he's really at risk right now."Crider and Islam said that US officials know where Mobley is — but that they won't tell them.
  • A State Department official told VICE News that there are no current plans for the US to directly evacuate Americans and that the US does not evacuate prisoners in a crisis situation, but declined to discuss Mobley's case, citing privacy laws. That's the same reasoning US officials have given to Crider — who has been fighting for months to find her client."I was like, guys, I'm this person's attorney," she said. "He has a right to see his legal representative — that is basic under Yemeni law just like it would be under US law. So you know where he is, you know he has a right to an attorney, what are you doing? Where is he?"
  • "They won't tell me and they won't tell his family," she added. "Even though they know, they refuse to tell us where their citizen is held at a time when the country is going into total chaos."Under America's Privacy Act, the state department cannot reveal any information related to a US citizen's "location, welfare, intentions, or problems" to anyone without that person's permission — this includes relatives and members of Congress.But Crider believes the US government may not only know where Sharif is, but she says they may also have had something to do with his disappearance.
  • US agents backed Mobley's initial arrest, Crider said, but they may have also been behind his subsequent disappearance. An unnamed Yemeni security source told NBC News that Mobley had been transferred in coordination with the US and that American officials have participated in his interrogation."We are very disturbed by recent reports that suggest that they are in some way implicated in the second disappearance," Crider said, adding that she has been fighting the government to disclose more information, including through government records requests. "If that's right, that's a problem of a totally different magnitude."
  • Mobley's whereabouts over the last year have not been confirmed — including by US officials who claimed to have visited him and found him "in good health and with  no major complaints," as reported by the Guardian. Mobley was believed to be in the hands of Yemen's Specialized Criminal Court — a secretive national security court known for its record of human rights abuse and targeting of political opponents and journalists.At some point last year, Mobley was believed to be detained at a Sana'a military base. A number of Sana'a's official facilities have recently passed under the control of Houthi rebels — including one seized Thursday, where US officials had previously trained Yemeni security forces on counter-terrorism tactics.
  • In previous calls to his wife, Mobley said that his captors had forced him to drink from bottles that had previously contained urine, and sprayed him with mace when he asked to speak with embassy officials. Lawyers with Reprieve said that during his detention he was beaten, chained to a bed, and dragged down the stairs.
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    The State Department's Privacy Act excuse for withholding the location of Sharif Mobley is a load of bull puckey intended for media consumption, not as a serious legal argument. The Privacy Act has an exception for just such situations: "(b) Conditions of Disclosure.- No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, *unless disclosure of the record would be-* ... (8) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual;" 5 U.S.C. 552a(b), http://www.law.cornell.edu/uscode/text/5/552a. This is an outrageous cover-up!
Paul Merrell

US strikes three radar sites in Houthi-controlled part of Yemen | The Long War Journal - 0 views

  • The US has launched missiles against three radar sites in the Houthi-controlled part of Yemen. The strikes came in response to two attacks on the USS Mason, which operates in international waters off the Red Sea coast of Yemen. The Houthis are also thought to have fired rockets at an United Arab Emirates military vessel earlier this month. The US military “targeted radar sites involved in the recent missile launches threatening USS Mason and other vessels operating in international waters in the Red Sea and the Bab al-Mandeb,” according to a statement by Pentagon Press Secretary Peter Cook. The Bab al-Mandeb is a strait located between Yemen and the Horn of Africa. “These limited self-defense strikes were conducted to protect our personnel, our ships, and our freedom of navigation in this important maritime passageway,” Cook continued. Cook added that the “United States will respond to any further threat to our ships and commercial traffic, as appropriate, and will continue to maintain our freedom of navigation in the Red Sea, the Bab al-Mandeb, and elsewhere around the world.”
  • The US has launched missiles against three radar sites in the Houthi-controlled part of Yemen. The strikes came in response to two attacks on the USS Mason, which operates in international waters off the Red Sea coast of Yemen. The Houthis are also thought to have fired rockets at an United Arab Emirates military vessel earlier this month. The US military “targeted radar sites involved in the recent missile launches threatening USS Mason and other vessels operating in international waters in the Red Sea and the Bab al-Mandeb,” according to a statement by Pentagon Press Secretary Peter Cook. The Bab al-Mandeb is a strait located between Yemen and the Horn of Africa. “These limited self-defense strikes were conducted to protect our personnel, our ships, and our freedom of navigation in this important maritime passageway,” Cook continued. Cook added that the “United States will respond to any further threat to our ships and commercial traffic, as appropriate, and will continue to maintain our freedom of navigation in the Red Sea, the Bab al-Mandeb, and elsewhere around the world.”
  • Separately, the US Navy released a video, just over one minute long, of the USS Nitze launching Tomahawk cruise missiles at the radar sites. The cruise missile were fired just hours after the USS Mason was forced to respond to an incoming missile for the second time this week. No one was injured in the failed missile attacks, but the USS Mason had to employ “defensive countermeasures.”
Paul Merrell

News Roundup and Notes: August 18, 2014 | Just Security - 0 views

  • Over the weekend, the U.S. military carried out further airstrikes in Iraq, targeting Islamic State militants near the Mosul Dam, involving “a mix of fighter, bomber, attack and remotely piloted aircraft.” The nine strikes on Saturday and 14 strikes on Sunday were carried out under authority “to support humanitarian efforts in Iraq,” to protect U.S. personnel and facilities, and to support Iraqi and Kurdish defense forces [U.S. Central Command]. President Obama notified Congress of the latest American involvement yesterday, stating that “[t]he failure of the Mosul Dam could threaten the lives of large numbers of civilians, endanger U.S. personnel and facilities, including the U.S. Embassy in Baghdad.” Obama said the operations will be “limited in their scope and duration.” The significantly expanded air campaign, including the first reported use of U.S. bombers, has strengthened the Kurdish forces’ ground offensive to reclaim the strategic dam from Islamic State control [Wall Street Journal’s Matt Bradley et al.; Washington Post’s Liz Sly et al.]. Iraqi state television reported early today that Iraqi and Kurdish forces are now in control of the dam [Reuters], although there are reports of continued heavy fighting around the Mosul Dam [Al Jazeera]. Joe Parkinson [Wall Street Journal] covers how the U.S. has gained a “controversial new ally” in the Kurdistan Workers’ Party (PKK), as a number of PKK fighters joined the U.S.-backed Kurdish battle in northern Iraq over the weekend.
  • Israel-Palestine With the five-day truce between Israel and Hamas set to expire tonight, Israeli and Palestinian negotiators are continuing discussions in Cairo, although significant gaps remain between the two sides. While Israel is pushing for tougher security measures, Palestine is demanding an end to the Gaza blockade without preconditions [Associated Press; Reuters’ Nidal Al-Mughrabi and Jeffrey Heller]. Israeli troops have demolished the homes of two Palestinians suspected to have been behind the abduction and killing of the three Israeli teenagers in the West Bank in June [Haaretz’s Gili Cohen]. An IDF spokesperson said that the demolition “conveys a clear message to terrorists and their accomplices that there is a personal price to pay when engaging in terror and carrying out attacks against Israelis” [Al Jazeera]. Haaretz’s editorial board notes how the Israeli offensive in Gaza has generated “a very public crisis in relations between Israel and the United States” and warns that “Netanyahu must ease the tension with Washington and act to repair the rift with Obama.” The Wall Street Journal (Joshua Mitnick) explores how Israeli Prime Minister Benjamin Netanyahu’s “containment strategy” in the ongoing conflict is “a contrast from the tough talk against terrorism that fueled his political ascent.”
  • ulian Borger [The Guardian] notes how the potential International Criminal Court investigation into alleged war crimes in Gaza by both Israeli and Hamas forces has become a “fraught political battlefield.” Marwan Bishara [Al Jazeera] explains how and why the UN has been “sidelined” in the Middle East conflict. Meanwhile, the British government is facing a legal challenge over its decision to not suspend existing licenses for the sale of military hardware to Israel following the launch of Operation Protective Edge in Gaza last month [The Guardian’s Jamie Doward].
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  • Texas Governor Rick Perry [Politico Magazine] writes that “[c]learly more strikes will be necessary, with nothing less than a sustained air campaign to degrade and destroy Islamic State forces.” The Hill (Alexander Bolton) notes that Democrats in both chambers have called for a vote in Congress over military strikes in Iraq, while Senate Majority Leader Harry Reid “almost certainly wants to avoid [a vote] as he seeks to keep the upper chamber majority in his party’s hands.” The United Kingdom has also expanded its military involvement in Iraq, with Defence Secretary Michael Fallon confirming that British warplanes are no longer confined to the initial humanitarian mission to assist Iraq’s Yazidi minority [The Guardian’s Nicholas Watt]. The UN Security Council has placed six individuals affiliated with extremist organizations in Iraq and Syria, including the Islamic State, on its sanctions list [UN News Centre]. Army Col. Joel Rayburn, writing in the Washington Post, considers the legacy of Nouri al-Maliki. While Maliki has agreed to step down as prime minister, Rayburn argues that “the damage he has wrought will define his country for decades to come.” Mike Hanna [Al Jazeera America] explains why Maliki’s ouster “is no magic bullet for Iraq,” noting that a “change of prime minister doesn’t in itself alter Iraq’s political or security equation.” And Ali Khedery [New York Times] writes how the latest change in government “really is Iraq’s last chance.”
  • Journalist James Risen, who faces prison over his refusal to reveal the source of a CIA operation story, has called President Obama “the greatest enemy of press freedom in a generation” [New York Times’ Maureen Dowd]. The International Atomic Energy Agency said that Iran has promised to co-operate with an investigation to be carried out by the nuclear watchdog, following a “useful” meeting in Tehran [Reuters’ Fredrik Dahl and Mehrdad Balali]. Sky News reports that WikiLeaks founder Julian Assange is planning to “soon” leave the Ecuadorian embassy in London, after spending more than two years inside the building. Assange said he is planning to meet with the British government to resolve his “lack of legal protection.”
  • If you want to receive your news directly to your inbox, sign up here for the Just Security Early Edition. For the latest information from Just Security, follow us on Twitter (@just_security) and join the conversation on Facebook. To submit news articles and notes for inclusion in our daily post, please email us at news@justsecurity.org. Don’t forget to visit The Pipeline for a preview of upcoming events and blog posts on U.S. national security.
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    Until about a month ago, I thought that Barack Obama would leave only two lasting accomplishments for future history books: [i] first African-American President; and [ii] ending the U.S. war in Iraq. Make it item 1 only now. It's no longer U.S. military "mission creep" in Iraq; it's full bore reinvasion topped off with a U.S. enguineered coup of the Iraqi government.   Just Security is a very high quality politico-legal site for issues involving U.S. and U.S.-sponsored violence and surveillance issues. It's based at the Center for Human Rights and Global Justice at New York University School of Law. Their emailed weekday newsletter is great for the topics I try to follow.  
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

Judicial Watch: Benghazi Documents Point to White House on Misleading Talking Points - ... - 0 views

  • Judicial Watch announced today that on April 18, 2014, it obtained 41 new Benghazi-related State Department documents. They include a newly declassified email showing then-White House Deputy Strategic Communications Adviser Ben Rhodes and other Obama administration public relations officials attempting to orchestrate a campaign to “reinforce” President Obama and to portray the Benghazi consulate terrorist attack as being “rooted in an Internet video, and not a failure of policy.”  Other documents show that State Department officials initially described the incident as an “attack” and a possible kidnap attempt. The documents were released Friday as result of a June 21, 2013, Freedom of Information Act (FOIA) lawsuit filed against the Department of State (Judicial Watch v. U.S. Department of State (No. 1:13-cv-00951)) to gain access to documents about the controversial talking points used by then-UN Ambassador Susan Rice for a series of appearances on television Sunday news programs on September 16, 2012.  Judicial Watch had been seeking these documents since October 18, 2012. The Rhodes email was sent on sent on Friday, September 14, 2012, at 8:09 p.m. with the subject line:  “RE: PREP CALL with Susan, Saturday at 4:00 pm ET.”  The documents show that the “prep” was for Amb. Rice’s Sunday news show appearances to discuss the Benghazi attack.
  • The document lists as a “Goal”: “To underscore that these protests are rooted in and Internet video, and not a broader failure or policy.” Rhodes returns to the “Internet video” scenario later in the email, the first point in a section labeled “Top-lines”: [W]e’ve made our views on this video crystal clear. The United States government had nothing to do with it. We reject its message and its contents. We find it disgusting and reprehensible. But there is absolutely no justification at all for responding to this movie with violence. And we are working to make sure that people around the globe hear that message. Among the top administration PR personnel who received the Rhodes memo were White House Press Secretary Jay Carney, Deputy Press Secretary Joshua Earnest, then-White House Communications Director Dan Pfeiffer, then-White House Deputy Communications Director Jennifer Palmieri, then-National Security Council Director of Communications Erin Pelton, Special Assistant to the Press Secretary Howli Ledbetter, and then-White House Senior Advisor and political strategist David Plouffe. The Rhodes communications strategy email also instructs recipients to portray Obama as “steady and statesmanlike” throughout the crisis. Another of the “Goals” of the PR offensive, Rhodes says, is “[T]o reinforce the President and Administration’s strength and steadiness in dealing with difficult challenges.” He later includes as a PR “Top-line” talking point: I think that people have come to trust that President Obama provides leadership that is steady and statesmanlike. There are always going to be challenges that emerge around the world, and time and again, he has shown that we can meet them.
  • The documents Judicial Watch obtained also include a September 12, 2012, email from former Deputy Spokesman at U.S. Mission to the United Nations Payton Knopf to Susan Rice, noting that at a press briefing earlier that day, State Department spokesperson Victoria Nuland explicitly stated that the attack on the consulate had been well planned.  The email sent by Knopf to Rice at 5:42 pm said: Responding to a question about whether it was an organized terror attack, Toria said that she couldn’t speak to the identity of the perpetrators but that it was clearly a complex attack. In the days following the Knopf email, Rice appeared on ABC, CBS, NBC, Fox News and CNN still claiming the assaults occurred “spontaneously” in response to the “hateful video.” On Sunday, September 16 Rice told CBS’s “Face the Nation:” But based on the best information we have to date, what our assessment is as of the present is in fact what began spontaneously in Benghazi as a reaction to what had transpired some hours earlier in Cairo where, of course, as you know, there was a violent protest outside of our embassy–sparked by this hateful video. The Judicial Watch documents confirm that CIA talking points, that were prepared for Congress and may have been used by Rice on “Face the Nation” and four additional Sunday talk shows on September 16, had been heavily edited by then-CIA deputy director Mike Morell. According to one email: The first draft apparently seemed unsuitable….because they seemed to encourage the reader to infer incorrectly that the CIA had warned about a specific attack on our embassy.  On the SVTS, Morell noted that these points were not good and he had taken a heavy hand to editing them. He noted that he would be happy to work with [then deputy chief of staff to Hillary Clinton]] Jake Sullivan and Rhodes to develop appropriate talking points.
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  • The documents obtained by Judicial Watch also contain numerous emails sent during the assault on the Benghazi diplomatic facility.  The contemporaneous and dramatic emails describe the assault as an “attack”:
  • “Now we know the Obama White House’s chief concern about the Benghazi attack was making sure that President Obama looked good,” said Judicial Watch President Tom Fitton. “And these documents undermine the Obama administration’s narrative that it thought the Benghazi attack had something to do with protests or an Internet video.  Given the explosive material in these documents, it is no surprise that we had to go to federal court to pry them loose from the Obama State Department.”
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    Has there ever been a White House caught in so many lies as the Obama Administration? Maybe, in Nixon's Watergate years. But IMHO it would take a detailed study to determine the winner. It's close. 
Gary Edwards

Pandora Internet Radio - Listen to Free Music You'll Love - 0 views

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    Bye bye encryption :( It's incredible to think this could happen in America. Marbux and I recently signed up for lavabit accounts, hoping to use the PGP encryption. And we knew uber patriot Edward Snowden had used Lavabit. Yet, it didn't occur to us that the Feds would shut demand their information and shut them down. We are fools. We take our freedom for granted and expect the Constitution to be upheld and adhered to. It's the law of the land, and no entity, public or private, can trump the law of the land. Yet, here we are. Totally trumped. No longer free. I feel like someone so used to the passing of night into day and back again, my freedom so caught up within the rhythms of the seasons and the passing of time that I am unable to see that it's become night time and darkness everywhere. There will be no return to sunlight unless we make it so. And the Guardian has it right: Cloud Computing will grind to a halt in the USSA. excerpt: "On Thursday afternoon, Ladar Levison, the owner and operator of Lavabit, an email service that prides itself on privacy and security, abruptly closed his website, posting a short message to his former users. "I have been forced to make a difficult decision: to become complicit in crimes against the American people or walk away from nearly 10 years of hard work by shutting down Lavabit," he wrote. "After significant soul searching, I have decided to suspend operations. I wish that I could legally share with you the events that led to my decision. I cannot." Levison might be gagged by the law, but it's not hard to guess at least part of the reason why his site is having legal troubles. In early July, journalists and human rights activists received an email from edsnowden@lavabit.com, inviting them to a press conference in Moscow's Sheremetyevo airport. Given the NSA leaker's understandable desire for security, it is not surprising that Edward Snowden would use a service designed for keeping messages out of prying hand
Paul Merrell

As Europe erupts over US spying, NSA chief says government must stop media | Glenn Gree... - 0 views

  • is there any doubt at all that the US government repeatedly tried to mislead the world when insisting that this system of suspicionless surveillance was motivated by an attempt to protect Americans from The Terrorists™? Our reporting has revealed spying on conferences designed to negotiate economic agreements, the Organization of American States, oil companies, ministries that oversee mines and energy resources, the democratically elected leaders of allied states, and entire populations in those states.Can even President Obama and his most devoted loyalists continue to maintain, with a straight face, that this is all about Terrorism? That is what this superb new Foreign Affairs essay by Henry Farrell and Martha Finnemore means when it argues that the Manning and Snowden leaks are putting an end to the ability of the US to use hypocrisy as a key weapon in its soft power.Speaking of an inability to maintain claims with a straight face, how are American and British officials, in light of their conduct in all of this, going to maintain the pretense that they are defenders of press freedoms and are in a position to lecture and condemn others for violations? In what might be the most explicit hostility to such freedoms yet – as well as the most unmistakable evidence of rampant panic – the NSA's director, General Keith Alexander, actually demanded Thursday that the reporting being done by newspapers around the world on this secret surveillance system be halted (Techdirt has the full video here):
  • The head of the embattled National Security Agency, Gen Keith Alexander, is accusing journalists of "selling" his agency's documents and is calling for an end to the steady stream of public disclosures of secrets snatched by former contractor Edward Snowden."I think it's wrong that that newspaper reporters have all these documents, the 50,000 – whatever they have and are selling them and giving them out as if these – you know it just doesn't make sense," Alexander said in an interview with the Defense Department's "Armed With Science" blog."We ought to come up with a way of stopping it. I don't know how to do that. That's more of the courts and the policy-makers but, from my perspective, it's wrong to allow this to go on," the NSA director declared. [My italics]There are 25,000 employees of the NSA (and many tens of thousands more who work for private contracts assigned to the agency). Maybe one of them can tell The General about this thing called "the first amendment".I'd love to know what ways, specifically, General Alexander has in mind for empowering the US government to "come up with a way of stopping" the journalism on this story. Whatever ways those might be, they are deeply hostile to the US constitution – obviously. What kind of person wants the government to forcibly shut down reporting by the press?Whatever kind of person that is, he is not someone to be trusted in instituting and developing a massive bulk-spying system that operates in the dark. For that matter, nobody is.
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    Alexander's call for censorship starts at about 21:00 of the video at http://www.politico.com/blogs/under-the-radar/2013/10/nsa-chief-stop-reporters-selling-spy-documents-175896.html Dear General Alexander: "... we cannot defend freedom abroad by deserting it at home." E- Edward R. Murrow, See It Now (9 March 1954), http://tinyurl.com/kzlpm4a
Paul Merrell

The Orwellian Re-Branding of "Mass Surveillance" as Merely "Bulk Collection" - The Inte... - 0 views

  • Just as the Bush administration and the U.S. media re-labelled “torture” with the Orwellian euphemism “enhanced interrogation techniques” to make it more palatable, the governments and media of the Five Eyes surveillance alliance are now attempting to re-brand “mass surveillance” as “bulk collection” in order to make it less menacing (and less illegal). In the past several weeks, this is the clearly coordinated theme that has arisen in the U.S., UK, Canada, Australia and New Zealand as the last defense against the Snowden revelations, as those governments seek to further enhance their surveillance and detention powers under the guise of terrorism.
  • This manipulative language distortion can be seen perfectly in yesterday’s white-washing report of GCHQ mass surveillance from the servile rubber-stamp calling itself “The Intelligence and Security Committee of the UK Parliament (ISC)”(see this great Guardian Editorial this morning on what a “slumbering” joke that “oversight” body is). As Committee Member MP Hazel Blears explained yesterday (photo above), the Parliamentary Committee officially invoked this euphemism to justify the collection of billions of electronic communications events every day. The Committee actually acknowledged for the first time (which Snowden documents long ago proved) that GCHQ maintains what it calls “Bulk Personal Datasets” that contain “millions of records,” and even said about pro-privacy witnesses who testified before it: “we recognise their concerns as to the intrusive nature of bulk collection.” That is the very definition of “mass surveillance,” yet the Committee simply re-labelled it “bulk collection,” purported to distinguish it from “mass surveillance,” and thus insist that it was all perfectly legal.
  • This re-definition game goes as follows: yes, we vacuum up and store literally as much of the internet as we possibly can. Then we analyze all the data about what you’re doing, with whom you’re speaking, and who your network of associates is. Based on that analysis of all of you and your activities, we then read the communications that we want (with virtually no checks and concealing from you what percentage of it we’re reading), and store as much of the rest of it as technology permits for future trolling. But don’t worry: we’re only reading the Bad People’s emails. So run along then: no mass surveillance here. Just bulk collection! It’s not mass surveillance, but “enhanced collection techniques.”  One of the many facts that made the re-defining of “torture” so corrupt and indisputably invalid was that there was long-standing law making clear that exactly these interrogation techniques used by the U.S. government were torture and thus illegal. The same is true of this obscene attempt to re-define “mass surveillance” as nothing more than mere innocent “bulk collection.”
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  • As Caspar Bowden points out, EU law is crystal clear that exactly what these agencies are doing constitutes illegal mass surveillance. From the 2000 decision of the European Court of Human Rights in Amann v. Switzerland, which found a violation of the right to privacy guaranteed by Article 8 of the European Convention on Human Rights and rejected the defense from the government that no privacy violation occurs if the data is not reviewed or exploited: The Court reiterates that the storing of data relating to the “private life” of an individual falls within the application of Article 8 § 1  . . . . The Court reiterates that the storing by a public authority of information relating to an individual’s private life amounts to an interference within the meaning of Article 8. The subsequent use of the stored information has no bearing on that finding (emphasis added). A separate 2000 ruling found a violation of privacy rights even when the government is merely storing records regarding one’s activities undertaken in public (such as attending demonstrations), because “public information can fall within the scope of private life where it is systematically collected and stored in files held by the authorities.” That’s why an EU Parliamentary Inquiry into the Snowden revelations condemned NSA and GCHQ spying in the “strongest possible terms,” pointing out that it was classic “mass surveillance” and thus illegal. That’s the same rationale that led a U.S. federal court to conclude that mass metatdata collection was very likely an unconstitutional violation of the privacy rights in the Fourth Amendment.
  • By itself, common sense should prevent any of these governments from claiming that sweeping up, storing, and analyzing much of the internet – literally examining billions of communications activities every week of entire populations – is something other than “mass surveillance.” Yet this has now become the coordinated defense from the governments in the U.S., the UK, Canada, New Zealand and Australia. It’s nothing short of astonishing to watch them try to get away with this kind of propagnadistic sophistry. (In the wake of our reports with journalist Nicky Hager on GCSB, watch the leader of New Zealand’s Green Party interrogate the country’s flailing Prime Minister this week in Parliament about this completely artificial distinction). But – just as it was stunning to watch media outlets refuse to use the term “torture” because the U.S. Government demanded that it be called something else – this Orwellian switch in surveillance language is now predictably (and mindlessly) being adopted by those nations’ most state-loyal media outlets.
Paul Merrell

Israel Sued in US over Flotilla Attacks. Civil Law Suit against the State of Israel | G... - 0 views

  • Four people, including three Americans, have filed a civil suit against the state of Israel, seeking compensatory damages for injuries suffered during an attack aboard a U.S. ship in international waters during the year 2010. At a Washington press conference, Tuesday, the plaintiffs said they wanted compensation for “the harm and distress, injuries and losses caused by the attack”. Israel has refused to acknowledge responsibility and liability for the attack and is yet to pay compensation to victims aboard the Challenger I, which was part of a Freedom Flotilla set to deliver humanitarian aid and medical supplies to the Gaza Strip, which was and still remains under an Israeli blockade. According to the complaint, the U.S. ship has never been returned by Israel and is still being held there. Israeli special forces stormed the ships and killed nine civilians aboard another ship in the flotilla, the Turkish Mavi Marmara. That event has since frozen relations between Israel and Turkey. That case was referred to the International Criminal Court by the Union of the Comoros because the Turkish vessel was sailing under its flag.
  • The family of a 19-year old American-Turkish national, Furkan Dogan, who was killed in the Mavi Marmara raid, last October, sued former Israeli Defense Minister Ehud Barak on war crimes charges. The latest lawsuit filed Monday is the first U.S. case brought against Israel relating to the Freedom Flotilla. The plaintiffs and their attorneys spoke to Anadolu Agency, following a press conference that announced the suit: “States are generally immune from suit in United States courts. But that immunity is waived in a number of circumstances. When agents of foreign governments commit wrongful acts in the United States that cause personal injury, and egregious acts against U.S. nationals anywhere in the world, they are not entitled to immunity,” said lawyer Steven Schneebaum. He noted that both exceptions apply to the facts of Challenger I case because a U.S. flagged ship falls under U.S. jurisdiction. The case is ground-breaking as it relies on an exception in American law that allows lawsuits to be brought against foreign states, in limited cases.
  • According to professor Ralph Steinhardt, a member of the plaintiffs’ legal team, Israel’s sovereignty does not allow it to attack American flagged civilian ships and attack those on it. “The attack on Challenger I was a patent violation of international law, including the laws of war, human rights, and the law of the sea,” according to the George Washington University international law professor. A UK-based international lawyer representing the plaintiffs, Sir Geoffrey Nice, described the case against Israel as “a real test” for the rule of international law. “This case, alongside the others, the one in the International Criminal Court and the one in California would have the following very clear political outcome: If Israel has enjoyed special privileged status of impunity because of protection by the United State of America, then that impunity is on the way out,” he said.
Gary Edwards

A truly American future - 1 views

  • Ours has been a human experiment in which a constitutional republic was created that, aside from its moral and legal rightness, also created an environment in which entrepreneurs could flourish. The results of this experiment have been spectacular. Our lives and the lives of people throughout the world have been enriched by this experiment.
  • We are now in a very imperfect political battlefield, on which we are striving to save a constitutional republic by democratic means. Historically, our odds are poor. All democracies in history have ultimately failed. All have descended into mob rule. This is the reason our founders did not give us a democracy. We must be the exception.
  • At present, the situation is in doubt. Our president refuses to follow the rules of our constitutional republic; the self-interested cowardice of too many of our members of Congress prevents them from disciplining the president; and our courts are politicized as well. Moreover, many elements of our government are running amok, such as the Federal Reserve with its printing presses and the Environmental Protection Agency with its unending search for more power for itself. As Gilder shows in “Knowledge and Power,” the real advance of knowledge and power to improve human life depends upon a benign human society in which entrepreneurial advance can flourish. He explains this in political terms and in the scientific terms of information theory.
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    "As economist Julian Simon observed, people always produce more than they consume and always better the human condition of themselves and their neighbors - if they are free to do so. Why was Simon able to make this observation based on American experiences and other more brief episodes in human history? The answer to this question is elegantly described by George Gilder in his book "Knowledge and Power: The information Theory of Capitalism and How It is Revolutionizing Our World." Gilder teaches us about the "economics" of human advance. Establishment economics is, of course, a somewhat murky forest of "supply" and "demand" and "micros" and "macros" and all sorts of other abstractions. Within economics has arisen a sort of political contest as to whether "demand" or "supply" is most important. Does the market respond to "demands" for certain sorts of goods, or are goods unexpectedly "supplied" to the market by inventors and entrepreneurs - as surprises which then create market demand themselves? It is clear that the "supply" side trumps the "demand" side in this controversy. As George Gilder elucidates, potential advances - products and other goods - arise first in the minds of entrepreneurs who, using information, existing tools and skills in assembling and utilizing capital, bring these advances to the market. If the entrepreneur is right about the demand that will arise when his new product becomes available, he is rewarded with the fun of providing it and with profits. In order to do this, the entrepreneur needs a relatively quiet, noise-free environment, where the information comprising his innovation can express itself. His environment needs easily available capital in the hands of free men, so that he has rich opportunities to seek that capital and utilize it. The entrepreneur also needs a system of justice that protects his efforts and his coworkers. He needs a system of individual liberty where the
Paul Merrell

After Criticism, Washington Post Disavows 'Russian Propaganda' Blacklist Of Indie Media - 0 views

  • AUSTIN, Texas — Amid a wave of widespread criticism and legal threats, the Washington Post has added a lengthy editor’s note to an article which alleged that a host of independent media websites were spreading Russian propaganda. Washington Post added editor's note to top of "Russian propaganda" story after being called out for shoddy reportinghttps://t.co/dWKbZJGS9a pic.twitter.com/skGiZUX2Ls — Ben Norton (@BenjaminNorton) December 7, 2016 The article, written by Craig Timberg and published on Nov. 24, relied largely on information compiled by PropOrNot, an anonymous group that claims to be comprised of media analysts and researchers. At the time the Post story was published, the group’s homepage featured a list of 200 websites, including MintPress News and many other well-established independent media outlets, which the organization alleges are either deliberately or inadvertently spreading Russian propaganda. Among other criticisms levied against the group, PropOrNot’s research depends on overly broad criteria. According to its own stated methodology, criticism of the ”US, Obama, Hillary Clinton, the EU, Angela Merkel, NATO, Ukraine, Jewish people, US allies, the ‘mainstream media,’ and democrats, the center-right or center-left, and moderates of all stripes,” would be grounds for inclusion on “The List.” The Post added an editor’s note to the article on Wednesday in an apparent attempt to distance the newspaper from the controversy. “The Washington Post on Nov. 24 published a story on the work of four sets of researchers who have examined what they say are Russian propaganda efforts to undermine American democracy and interests,” the note begins.
  • While Timberg’s article does refer to the work of multiple researchers, the bulk of the report relied on allegations made by PropOrNot. The Washington Post continued: “One of them was PropOrNot, a group that insists on public anonymity, which issued a report identifying more than 200 websites that, in its view, wittingly or unwittingly published or echoed Russian propaganda. A number of those sites have objected to being included on PropOrNot’s list, and some of the sites, as well as others not on the list, have publicly challenged the group’s methodology and conclusions. The Post, which did not name any of the sites, does not itself vouch for the validity of PropOrNot’s findings regarding any individual media outlet, nor did the article purport to do so.” Numerous websites, including MintPress, have objected to their inclusion on “The List.” On Tuesday, James Moody, the lawyer representing the publisher of the website Naked Capitalism, demanded a formal retraction and public apology on Tuesday. Moody wrote: “You did not provide even a single example of ‘fake news’ allegedly distributed or promoted by Naked Capitalism or indeed any of the 200 sites on the PropOrNot blacklist. You provided no discussion or assessment of the credentials or backgrounds of these so-called ‘researchers’ (Clint Watts, Andrew Weisburd, and J.M. Berger and the “team” at PropOrNot), and no discussion or analysis of the methodology, protocol or algorithms such ‘researchers’ may or may not have followed.” Backlash against both PropOrNot and the Post’s story hasn’t just come from media outlets included on “The List,” though.
  • “The group promoted by the Post … embodies the toxic essence of Joseph McCarthy, but without the courage to attach individual names to the blacklist,” wrote Ben Norton and Glenn Greenwald in The Intercept, which was not featured on the PropOrNot list, on Nov. 26. The Post’s editor’s note concludes: “Since publication of The Post’s story, PropOrNot has removed some sites from its list.” However, MintPress and Naked Capitalism remain on “The List,” as do respected alternative and independent media sites Antiwar.com, Black Agenda Report, Truthout, and Truthdig. Overall, the Post’s new position seemed poorly received by many of the media analysts who have criticized the story. On Wednesday evening, Adam Johnson, a reporter who writes for Fairness and Accuracy in Reporting, tweeted that the Post editors who refuse to retract the story are “a bunch of cowards.” what a bunch of cowards. "This blacklist that served as the entire news basis of our piece is bullshit but we wont retract the story" https://t.co/V5ZSwSMgTg — Adam H. Johnson (@adamjohnsonNYC) December 7, 2016 Timberg’s article appeared amid widespread outcry over the apparent threat of “fake news” against American democracy. Kevin Gosztola, managing editor of Shadowproof, told MintPress editor-in-chief Mnar Muhawesh that the rush to create “blacklists” of media outlets undermines the freedom of the press.
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  • “When you start to put people on lists you’re actually diminishing speech,” Gosztola said in an interview with Muhawesh for “Behind the Headline.”
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    The Washington Post backpedals from its "fake news" story.
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