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Paul Merrell

IMF's Lagarde guilty of 'negligence' but avoids sentence over 2008 payout - France 24 - 0 views

  • A French court on Monday convicted International Monetary Fund chief Christine Lagarde of "negligence" for her role in a controversial €400 million payout to a French tycoon in 2008 while she was finance minister. The Court of Justice did not hand down a sentence, a decision welcomed by her lawyer, Patrick Maisonneuve, as a "partial" victory. “We wanted a complete acquittal, instead we got a partial one,” said Maisonneuve. “The court has decided to not to penalise her – in fact, the court even decided this should not go on Madame Lagarde’s criminal record.” Lagarde, 60, was accused of approving a controversial €400 million ($425 million) payout to businessman Bernard Tapie in an out-of-court settlement when she was finance minister under former president Nicolas Sarkozy.
  • An arbitration panel ordered the payout to Tapie in connection with his sale of sportswear company Adidas. The panel upheld Tapie's claim that the Crédit Lyonnais bank had defrauded him by intentionally undervaluing Adidas at the time of the sale and that the state – as the bank's principal shareholder – should compensate him. It was Lagarde who, in her role as French finance minister, ordered the case to be heard by an arbitration panel instead of proceeding through the regular courts. Critics say that Lagarde ensured Tapie received preferential treatment by referring the matter to arbitration as a quid pro quo for his financial support for Sarkozy during his 2007 presidential bid. They also argue that the state should not have paid compensation to a convicted criminal who was bankrupt at the time and would not have been able to pursue the case in court. Tapie spent six months in prison in 1997 for match-fixing during his time as president of popular French football club, Olympique Marseille.
  • Tapie was placed under formal investigation for committing fraud in late June of 2013. He was ordered to pay back the money starting in December of last year. The "Tapie affair" has entangled several other high-profile figures, including Sarkozy’s ex-chief of staff Claude Guéant and Stéphane Richard, Lagarde’s former chief of staff at the finance ministry and now chief executive of Orange. Lagarde was appointed managing director of the IMF in July 2011. Lagarde served as French finance minister from June 2007 and also served as minister of foreign trade for two years. Before entering politics she worked as an anti-trust and labour lawyer, and was a partner with the international law firm of Baker & McKenzie.
Paul Merrell

Sanctuary Cities Have Upper Hand in Legal Battle Against Trump | News | teleSUR English - 0 views

  • As U.S. President Donald Trump ramps up his attack on immigration, his executive order to cut federal funding to so-called “sanctuary cities” protecting immigrants could face a number of legal and logistical loopholes.
  • The executive order signed on Wednesday orders federal agencies to withhold grant money from around 300 cities and counties that block local law enforcement from targeting undocumented immigrants, or as White House Press Secretary Sean Spice put it, “harbor illegal immigrants.” Spicer said that Trump will look at means to strip funding to cities and counties that “willfully refuse to comply” with his new plan to crack down on immigration, which also included ordering the construction of the infamous border wall between Mexico and the U.S. and increasing immigration authorities' power to deport people from the U.S., often without due process. These measures have sparked outrage among many immigrant rights organizations and caused city mayors to speak out against them. Opponents likely have the law on their side. Politico reported that the White House failed to consult the proper federal agencies and lawmakers before signing the executive orders. This means the orders are likely fraught with contradictions to current laws that can be easily exploited by opponents to dismantle them. The legal fight has already begun. Mayors of targeted cities are teaming up with immigration advocacy groups and attorneys to gear up for a legal battle against the presidential orders. Opponents of Trump’s order say that federal money allocated to cities can only be cut if the funding is directly linked to behavior that opposes the federal government’s plan for immigration.
  • Trump's plan to make police and other key services exempt from any funding cuts has also sparked legal debate. Trump had previously stated that even if a city was stripped of funding for non-compliance, police departments' funding would not be cut. Opponents also say that making police exempt would make it possible for a judge to deem parts of the order unconstitutional. Richard Doyle, city attorney in San Jose, California, argues that Trump cannot cut a city's funding for healthcare and education while protecting the police force from cuts because its function relates more closely to immigration enforcement, adding that it was uncertain whether only future or existing federal funding would be targeted under the order. Others have argued that there would be significant barriers and a long process for the federal government to cut off funding to sanctuary cities that would first have to go through states and local government where targeted jurisdictions have rights to appeal. Edward Waters from Feldesman Tucker Leifer Fidell in Washington told Reuters that for the Trump administration, “It’s fair to say that they don't understand the scope and reach of federal grants law.”
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  • “The president has very limited power to exercise any kind of significant defunding,” Peter L. Markowitz from the Immigration Justice Clinic told The New York Times. Referring to a 2012 Supreme Court ruling, Markowitz argued that Congress cannot coerce states or localities to unwillfully participate in federal programs. “You can’t say ‘if you don’t use your police officers to go after unauthorized immigrants, you don’t get any money for your hospitals.’ They can’t impose conditions that are totally unrelated,” Markowitz said.
  • As U.S. President Donald Trump ramps up his attack on immigration, his executive order to cut federal funding to so-called “sanctuary cities” protecting immigrants could face a number of legal and logistical loopholes.
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    Trump needs lawyers. He's screwing up right and left.
Paul Merrell

Mozilla Wants Heads-Up From FBI on Tor Browser Hack - 0 views

  • The maker of the Firefox browser is wading into an increasingly contentious court battle over an undisclosed security vulnerability the FBI used to track down anonymous users of a child-porn site. The FBI took over a dark web child-pornography site called Playpen last year and, rather than shut it down, used a secret, still-undisclosed vulnerability in the Tor Browser to install malware on the computers of more than 1,000 users that allowed the FBI to determine their locations. But in Tacoma, Washington, lawyers for a school administrator caught in the dragnet have successfully demanded the right to review the malware in order to pursue their argument that it, rather than he, was responsible for the illicit material ending up on his computer. The Tor Browser is a free browser that shields a user’s identity. It is also based on code from the Firefox browser. Mozilla, the organization behind Firefox, has long worried that the Tor Browser vulnerability might still be out there, could be exploited by bad actors, and could exist in Firefox, which is much more widely used than the Tor Browser.
  • So while it seems likely that the FBI will go to great lengths not to turn over the code – possibly dropping the case altogether – Mozilla’s top lawyer, Denelle Dixon-Thayer, is now arguing “that the government must disclose the vulnerability to us before it is disclosed to any other party.” She explained: “Court ordered disclosure of vulnerabilities should follow the best practice of advance disclosure that is standard in the security research community. In this instance, the judge should require the government to disclose the vulnerability to the affected technology companies first, so it can be patched quickly.” Dixon-Thayer noted that Mozilla isn’t taking sides, pro- or anti-disclosure. It just wants to make sure that if there is disclosure, Mozilla gets it first. Here is the legal brief Mozilla filed on Wednesday. The issue of when the government should disclose security vulnerabilities is a hotly contested issue outside the courtroom as well.
  • The Obama administration’s policy is that when the government learns of a new flaw, it has to submit the flaw to an interagency group. The White House says that group has a “strong bias” toward disclosure to vendors so that they can fix them, rather than just letting the agencies keep the flaws secret and continue to use them. But the evidence suggests that is not the case.
Paul Merrell

Freedom for Saif al-Islam Gaddafi! Freedom for Libya! - nsnbc international | nsnbc int... - 0 views

  • The news that Saif al-Islam Gaddafi, the son of the assassinated leader of the Libyan Arab Jamahiriya Muammar Gaddafi, has been released from captivity is one of the most significant developments in Libya in some time. For while the Western corporate media would like people to believe that the Gaddafi name is dead and buried, the fact remains that Saif al-Islam Gaddafi, and the surviving members of the Gaddafi family, are seen as heroes by many in Libya. Moreover, Saif’s release has the potential to transform the political situation in the country.
  • Although details are few and far between, what we do know is that according to his lawyer at the International Criminal Court (ICC), Saif Gaddafi “was given his liberty on April 12, 2016.” Indeed official documents (which remain unverified) seem to support the assertion that Saif has, in fact, been released. Considering the statements from his attorneys that Saif is “well and safe and in Libya,” the political ramifications of this development should not be underestimated. Not only is Saif Gaddafi the second eldest and most prominent of Col. Gaddafi’s sons, he is also the one seen as the inheritor of his father’s legacy of independent peaceful development and the maintenance of the Libyan Arab Jamahiriya. This last point is of critical importance as his release is a clear signal to many Libyans that the resistance to the NATO-imposed chaos and war is alive and well. And while there have been isolated upsurges of pro-Gaddafi sentiments at various times in the last five years, they mostly remained underground. Perhaps it might soon be time for the resistance to once again become united as it moves to drive out the terrorists and opportunists who have torn the jewel of Africa apart these last five years.
  • It is against this dizzying political backdrop that one must examine the significance of a potential return for Saif al-Islam Gaddafi. Saif remains a hero to many Libyans who see in him the inheritor of the independent spirit of his father, a man whose education and erudition, and most importantly wartime experience, make him a natural leader. It should be remembered that Saif was the main advocate of the rapprochement between Libya and the West in the early 2000s, spearheading the campaign for Libya’s disarmament of its nuclear and long-range ballistic missiles program. However, by 2011 and the US-NATO illegal war on Libya, Saif had changed his tune, regretting terribly his having taken western leaders at their word. In a now infamous interview with RT conducted in the midst of the NATO war, Saif stated: “Many countries, Iran and North Korea are among them, told us it was our mistake to give up, to have stopped developing long-range missiles and to become friendly with the West. Our example means one should never trust the West and should always be on alert – for them it is fine to change their mind overnight and start bombing Libya…One of our biggest mistakes was that we delayed buying new weapons, especially from Russia, and delayed building a strong army. We thought Europeans were our friends; our mistake was to be tolerant with our enemies.”
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  • And today, nearly five years later, Saif remains the chosen son of the Libyan Arab Jamahiriya – a man who has endured five years of confinement at the hands of his one-time enemies, who has remained defiant of the US and of its puppet institutions such as the International Criminal Court. His is the man who for so many represents the promise of a better future by symbolizing a better past. And this is why factions inside Libya, and their backers in the US and Europe, are terrified of Saif al-Islam Gaddafi; they understand perfectly what he represents. They know that Saif commands the loyalty and respect of the majority of Libyans, far more than any other single faction. They know that Saif is backed by the most influential tribes in the country, as well as what remains of the Green Resistance which has emerged at key moments in the last few years, including the brief takeover of a critical air base in the southern city of Sabha in January 2014. They know that Saif is the only individual leader left in Libya who can unite the disparate political formations into a single force prepared to finally defeat the jihadist elements backed by the US-NATO. But the fear of Saif runs even deeper than just the theoretical leadership that he represents. Rather, the powers that be fear the political force he already is. When Saif’s death sentence was handed down by a kangaroo court in Tripoli, supporters of Gaddafi (Qadafi – Qaddafi edt) ) and the Jamhiriya took to the streets in Benghazi, Sirte, Bani Walid, and a number of other cities across the country, despite ISIS and Al Qaeda terrorists in control of much of those cities. At the risk of their own lives, these Libyans carried portraits of the assassinated Col. Gaddafi and Saif al-Islam, chanting their names and calling for a restoration of the socialist government. Consider the devotion necessary for followers to risk life and limb in a show of political support. Now imagine what would happen with Saif free.
  • Sources in Libya, and among those who have fled to neighboring countries, as well as Europe, have noted that elements of the former Gaddafi government have been working closely with the Sisi government in Egypt. While it is difficult to confirm independently, such a move is entirely plausible considering the common jihadi enemy both face in Libya which shares a long, porous border with Egypt. Assuming that the collaboration is true, it presents yet another reason why the US and its proxies, to say nothing of the terror groups inside Libya, would greatly fear Saif’s freedom. With the backing of an assertive Egypt, the all-important tribal councils, and elements of the disparate factions on the ground, Saif would instantly become the single most powerful man in Libya. And for those in the West, it is incumbent on everyone to vigorously and publicly defend Saif al-Islam Gaddafi, and to redouble efforts to back him. Saif represents a chance for Libya to be rebuilt, for the country to be pulled from the morass of chaos manufactured by the US and its NATO partners. Saif is the hope of the Libyan people who have suffered unspeakable horrors these last five years. Even those who have no love lost for Gaddafi understand the importance of reconstituting a single, united Libya under a single, united government. Only Saif al-Islam Gaddafi can do that now. And that’s why freedom for Saif might one day mean freedom for Libya.
Paul Merrell

NSA 'not interested in' Americans, privacy officer claims | TheHill - 0 views

  • The National Security Agency’s internal civil liberties watchdog insisted on Thursday that the agency has no interest in spying on Americans under its controversial spying tools. “Our employees are trained to not look for U.S. persons,” NSA privacy and civil liberties officer Rebecca Richards said on Thursday.
  • “We’re not interested in those U.S. persons. We’re trying to look away from those,” she added. “Instead, we’re looking for where are our targets?”Richards’s comments came up during a Capitol Hill panel discussion about a new report on U.S. spying from the Brennan Center for Justice.The analysis looks at aspects of a presidential order that dates back to Ronald Reagan and was updated by then-President George W. Bush, called Executive Order 12333.
  • Programs under the order, which is meant to guide foreign surveillance, “have implications for Americans’ privacy that could well be greater than those of their domestic counterparts,” the organization wrote in its analysis. “The vast majority of Americans — whether wittingly or not — engage in communication that is transmitted or stored overseas.”“This reality of the digital age renders Americans’ communications and data highly vulnerable to NSA surveillance abroad.”
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  • NSA surveillance under Executive Order 12333 is separate from the agency’s higher profile bulk collection of Americans’ phone records, which ended last year. It also occurs under separate legal powers than a controversial provision of the 2008 update to the Foreign Intelligence Surveillance Act, which comes up for renewal at the end of 2017.The executive order targets foreigners, but can “incidentally” pick up data about Americans if their activity on the Internet crosses international borders, Richards acknowledged.“Our procedures are designed to say: There are occasions when you are going to get U.S. persons,” she said, “and when you get those U.S. persons, here’s the rules.”
  • Richards is the agency’s first ever civil liberties officer. She was hired in early 2014, on the heels of fallout from Edward Snowden’s leaks about the spy agency. 
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    Not interested. Apparently that's why NSA was turning over raw search results to Israel without filtering out "U.S. persons" data. And why they just decided to give other agencies including law enforcement access to raw search results. And why Gen. Keith Alexander personally put together a program to ruin people's reputations including a "U.S. person." And why Russell Tice said that he personally had Obama's NSA dossier in his hands when Obama was running for the U.S. Senate. And why Tice says NSA had similar dossiers on members of Congress and the justices of the U.S. Supreme Court and targeted "lots of lawyers." On and on.  Ms. Richards appears to have become a quick study in NSA's hallmark skill of lying to the public. 
Gary Edwards

The Biggest Financial Scam In World History           : Information Clearing ... - 0 views

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    Marbux sent me this link to series of videos explaining the LiBOR bankster crisis.  The awesome Bill Black is featured in two of the video interviews.  Others include Matt Taibi of the Rolling Stone Magazine.  Matt's work on bankster criminals is legendary.  This is incredible stuff.  Very heated.  Clearly we are at the heart of the largest criminal fraud ever perpetrated, and it involves the worlds largest banksters.  Including the Queen of England (Bank of England).  $800 Trillion in fraud.  Incredible. Yes, the Libor Scandal Affects You By Jack Hough July 06, 2012 "Smart Money" - -A liger is a cross between a lion and a tiger. Libor, on the other hand, is a daily approximation of what banks charge each other for loans. It turns out only one of these things is real. Awkwardly, it's not the one used to set prices on an estimated $800 trillion in global financial instruments, or $116,000 worth for each person on earth, ranging from complex derivatives to student loans. That's a problem for holders of bank stocks - which includes just about anyone who owns a mutual fund or 401(k). Barclays (BCS) agreed last week to pay $453 million to settle allegations that it manipulated Libor, which stands for London interbank offered rate. As The Wall Street Journal reported Thursday, it's likely only the first: More than a dozen banks on three continents are under investigation. Libor is compiled by asking 18 banks what they think they would pay if they needed money. Some banks may have submitted artificially low responses during the global financial crisis to give the appearance of high creditworthiness. Others may have tinkered with the reading to profit from trades, or avoid losses. The Barclays settlement is affordable, at less than 7% of the company's projected profits this year, but the size of legal claims it and other banks face is difficult to imagine. Trial lawyers will do their best to work out the sums, of course. Libor may have been subject
Gary Edwards

Judge Blocks Citigroup Settlement With S.E.C. - NYTimes.com - 0 views

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    The greatest theft in the history of mankind, and a posse of one Judge and a few State Attorney Generals is all we have on the hunt.  Pathetic.  But thank God for Judge Jed S. Rakoff of United States District Court in Manhattan!   The Federal Government is so corrupt and politicized that regulatory agencies are bagmen for the worst kind of crony capitalism ever seen.  I would rather shut down these corrupt and crony laden regulatory agencies and replace them with legislation requiring full transparency and reporting to the PUBLIC.  A process that would enable lawyers and Courts to sift through the mess, and let contract law, legal settlements, class actions and lawsuit penalties be the instruments of regulatory oversight.  Judge Rakoff should be the next Supreme Court nominee.
Paul Merrell

Globalizing Torture: CIA Secret Detention and Extraordinary Rendition | Open Society Fo... - 0 views

  • Following the terrorist attacks of September 11, 2001, the Central Intelligence Agency embarked on a highly classified program of secret detention and extraordinary rendition of terrorist suspects. The program was designed to place detainee interrogations beyond the reach of law. Suspected terrorists were seized and secretly flown across national borders to be interrogated by foreign governments that used torture, or by the CIA itself in clandestine “black sites” using torture techniques.
  • Globalizing Torture: CIA Secret Detention and Extraordinary Rendition Download the 216-page report. 1.08 MB pdf
  • Globalizing Torture is the most comprehensive account yet assembled of the human rights abuses associated with CIA secret detention and extraordinary rendition operations. It details for the first time what was done to the 136 known victims, and lists the 54 foreign governments that participated in these operations. It shows that responsibility for the abuses lies not only with the United States but with dozens of foreign governments that were complicit. More than 10 years after the 2001 attacks, Globalizing Torture makes it unequivocally clear that the time has come for the United States and its partners to definitively repudiate these illegal practices and secure accountability for the associated human rights abuses.
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    Thorough and comprehensive review of what is known about more than 130 cases of CIA "extraordinary renditions" and torture. Report makes it clear that these practices continue under Obama. For the first time, identifies all of the 54 foreign governments that collaborated. Heavily referenced, written by experienced human rights lawyers.  This report comes as the Senate Select Committee on Intelligence is fighting CIA and Obama Administration efforts to delay publication of the Senate committee's multi-volume report on the same topic. 
Paul Merrell

Has the NSA Wiretapping Violated Attorney-Client Privilege? | The Nation - 0 views

  • The first time Adis Medunjanin tried to call Robert C. Gottlieb in mid-2009, Gottlieb was out of the office. Medunjanin was agitated. He had to speak to an attorney. Gottlieb’s assistant told him Gottlieb would be back soon. When Medunjanin spoke to the lawyer a little later, he was told he might need legal representation. He thought he might be under investigation. Over the next six months and in forty-two phone calls, Medunjanin sought legal advice from Gottlieb. When he was arrested in January 2010 on charges that he tried to bomb the New York subway, it was Gottlieb who defended him, receiving security clearance to review government documents pertinent to the case in the process. Gottlieb was preparing Medunjanin’s defense when a federal officer in charge of information distribution e-mailed him that there was new classified information he needed to review at the US Eastern District Court in Brooklyn. “I went over to the Brooklyn Federal courthouse, went up to the secured room, gained entry with the secret security codes, opened the file cabinet that is also secure and in the second drawer was a CD,” Gottlieb told me. On that CD were recordings of every single one of his forty-two phone calls with Medunjanin before he was taken into custody and indicted on January 7, 2010.
  • Such calls are normally sacrosanct under the principle of attorney-client privilege, the ability to speak confidentially with your lawyer. But a leak to The Guardian last summer of National Security Agency (NSA) procedures that are supposed to protect privileged calls showed that some attorney-client privileged calls are not subject to internal rules that detail the instances when a wiretap should be turned off. A later version of the procedures declassified by the NSA last August contains the same language. These “minimization” procedures, as they are known, are the rules and regulations for wiretaps under the Foreign Intelligence Surveillance Act (FISA). They tell NSA agents when they can listen, and when they have to turn the tap off, when they can record and when they should not be recording. There are rules for which kinds of communications can be monitored—for example, domestic communications are off limits, although communications from agents of foreign powers and suspected terrorists don’t count as domestic—and there is a section that provides for the protection of attorney-client calls.
  • Section four of the declassified 2011 guidelines is the part of that document that governs wiretapping attorney-client calls. At first glance, it seems quite clear: when the agent realizes that he or she is monitoring an attorney-client communication, “monitoring of that communication will cease and the communication will be identified as an attorney-client communication in a log maintained for that purpose.” But given a second reading, section four doesn’t apply to all attorney-client calls. It provides only for the minimization (and protection) of the calls of “a person who is known to be under criminal indictment in the United States”—someone who has already been charged under US law. This is because indicted persons have a Sixth Amendment right to counsel. People who aren’t indicted don’t have this right, and so their calls are not minimized. When I asked an NSA press officer, Vanee’ M. Vines, how attorney-client privilege was protected, she referred me to the Department of Justice. I left several messages, but the DOJ never contacted me back.
Gary Edwards

Gold Price "Manipulated For A Decade", Repeatedly Slammed Lower, Bloomberg Reports | Ze... - 0 views

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    "While the FT promptly retracted an article on precisely the topic of gold manipulation from earlier this week (recorded for posterity here), Bloomberg appears to not have had the same "editorial" concerns and pressures, and today released an article once again slamming the final conspiracy theory that while every other asset class is manipulated, gold is in a pristine class of its own, untouched by close-banging, price fixing traders or central bankers, and reports that "the London gold fix, the benchmark used by miners, jewelers and central banks to value the metal, may have been manipulated for a decade by the banks setting it, researchers say." Of course, over the past 5 years we have reported time and again how official gold manipulation started in earnest some time in the 1960s (who can forget the "reshuffle club") but we will start with a decade. Here is what BBG finds: Unusual trading patterns around 3 p.m. in London, when the so-called afternoon fix is set on a private conference call between five of the biggest gold dealers, are a sign of collusive behavior and should be investigated, New York University's Stern School of Business Professor Rosa Abrantes-Metz and Albert Metz, a managing director at Moody's Investors Service, wrote in a draft research paper.   "The structure of the benchmark is certainly conducive to collusion and manipulation, and the empirical data are consistent with price artificiality," they say in the report, which hasn't yet been submitted for publication. "It is likely that co-operation between participants may be occurring."   The paper is the first to raise the possibility that the five banks overseeing the century-old rate -- Barclays Plc, Deutsche Bank AG, Bank of Nova Scotia, HSBC Holdings Plc and Societe Generale SA -- may have been actively working together to manipulate the benchmark. It also adds to pressure on the firms to overhaul the way the rate is calculated. Authorities around the world, already inv
Paul Merrell

Senate Investigation of Bush-Era Torture Erupts Into Constitutional Crisis | The Nation - 0 views

  • Here’s what Feinstein described Tuesday morning: At some time after the committee staff identified and reviewed the Internal Panetta Review documents, access to the vast majority of them was removed by the CIA. We believe this happened in 2010 but we have no way of knowing the specifics. Nor do we know why the documents were removed. The staff was focused on reviewing the tens of thousands of new documents that continued to arrive on a regular basis. […] Shortly [after Udall’s comments], on January 15, 2014, CIA Director Brennan requested an emergency meeting to inform me and Vice Chairman Chambliss that without prior notification or approval, CIA personnel had conducted a “search”—that was John Brennan’s word—of the committee computers at the offsite facility. This search involved not only a search of documents provided to the committee by the CIA, but also a search of the ”stand alone” and “walled-off” committee network drive containing the committee’s own internal work product and communications. According to Brennan, the computer search was conducted in response to indications that some members of the committee staff might already have had access to the Internal Panetta Review. The CIA did not ask the committee or its staff if the committee had access to the Internal Review, or how we obtained it. Instead, the CIA just went and searched the committee’s computers.
  • If what Feinstein alleges is true, it essentially amounts to a constitutional crisis. And she said as much during her speech, describing “a defining moment for the oversight of our intelligence community.” “I have grave concerns that the CIA’s search may well have violated the separation of powers principles embodied in the United States Constitution, including the Speech and Debate clause. It may have undermined the constitutional framework essential to effective congressional oversight of intelligence activities or any other government function,” Feinstein said. “Besides the constitutional implications, the CIA’s search may also have violated the Fourth Amendment, the Computer Fraud and Abuse Act, as well as Executive Order 12333, which prohibits the CIA from conducting domestic searches or surveillance.”
  • There’s also the issue of intimidation. The media reports that have been bubbling up recently around this issue have suggested that Senate investigators illegally obtained the Panetta review—some even raised the specter of hacking by the Senate investigators. The CIA went so far as to file a crime report with the Department of Justice, accusing Senate staffers of illegally obtaining the Panetta review. Tuesday morning, Feinstein strenuously denied the review was illegally obtained, and asserted it was included in the 6.2 million files turned over by the CIA and describing at length why Senate lawyers felt it was a lawful document for the committee to possess. And, in a remarkable statement, Feinstein accused the CIA of intimidation by filing the crime report. “[T]here is no legitimate reason to allege to the Justice Department that Senate staff may have committed a crime. I view the acting general counsel’s referral [to DoJ] as a potential effort to intimidate this staff—and I am not taking it lightly.” Feinstein went on to note one fairly amazing fact. The (acting) general counsel she referred to, who filed the complaint with DoJ, was a lawyer in the CIA’s counterterrorism center beginning in 2004. That means he was directly involved in legal justifications for the torture program. “And now this individual is sending a crimes report to the Department of Justice on the actions of congressional staff,” she noted gravely. “The same congressional staff who researched and drafted a report that details how CIA officers—including the acting general counsel himself—provided inaccurate information to the Department of Justice about the program.”
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  • Feinstein included an interesting aside in her speech. “Let me note: because the CIA has refused to answer the questions in my January 23 letter, and the CIA inspector general review is ongoing, I have limited information about exactly what the CIA did in conducting its search.”
  • Also: remember that earlier this year, in response to a question from Senator Bernie Sanders, the National Security Agency did not expressly deny spying on Congress. The NSA may just have been being careful with its language, reasoning that since bulk data collection exists, perhaps members of Congress were caught up in it. But the question remains: if the CIA felt justified spying on Senate computers, may it have listened in on phone calls as well?
  • Feinstein’s grave concerns were echoed Tuesday morning by Senator Patrick Leahy, chair of the Senate Judiciary Committee. “This is not just about getting to the truth of the CIA’s shameful use of torture. This is also about the core founding principle of the separation of powers, and the future of this institution and its oversight role,” Leahy said in a statement. “The Senate is bigger than any one Senator. Senators come and go, but the Senate endures. The members of the Senate must stand up in defense of this institution, the Constitution, and the values upon which this nation was founded.”
  • Underlying this constitutional crisis is a desire by many at the CIA to sweep the Bush-era torture abuses under the rug. That logically would be the clear motivating factor in seizing the Panetta review from Senate investigators. And Brennan wasn’t afraid to keep pushing that approach—even during the same Tuesday interview with NBC’s Mitchell in which he denied “spying” on the Senate. Brennan also said that the CIA’s history of detention and interrogation should be “put behind us.” (It should be noted, of course, that there is strong circumstantial evidence that Brennan himself was complicit in the illegal torture program when he served in the Bush administration.) In the wake of her revelations on Tuesday, Feinstein renewed her desire to declassify the Senate report. “We’re not going to stop. I intend to move to have the findings, conclusions and the executive summary of the report sent to the president for declassification and release to the American people,” she said, and suggested the findings will shock the public. “If the Senate can declassify this report, we will be able to ensure that an un-American, brutal program of detention and interrogation will never again be considered or permitted.”
  • Obama has long said he supports declassification, and it seems it will happen soon. Tuesday, Feinstein was already moving to hold a committee vote on declassification. Committee Republicans will likely oppose it, but independent Senator Angus King, the swing vote, told reporters he is inclined to vote for declassification.
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    Note the error in the last quoted paragraph: Obama has said he supports declassification of the Senate report's *findings," not the entire report. That's likely over a 6,000-page difference.
Paul Merrell

White House refuses to hand over top-secret documents to Senate committee | World news ... - 0 views

  • The White House is refusing to hand over top-secret documents to a Senate investigation into CIA torture and rendition of terrorism suspects, claiming it needs to ensure that “executive branch confidentiality” is respected.In the latest development in the spiralling clash between Congress and the administration over oversight of the intelligence agencies, Barack Obama’s spokesman Jay Carney confirmed that certain material from the George W Bush presidency was being withheld for fear of weakening Oval Office privacy.“This is about precedent, and the need, institutionally, to protect some of the prerogatives of the executive branch – and the office of the presidency,” said Carney.“All of these documents pertain to and come from a previous administration, but these are matters that need to be reviewed in light of long-recognised executive prerogatives and confidentiality interests.”
  • A report published by McClatchy newspapers on Wednesday night said that Senate investigators were trying to obtain an estimated 9,400 such documents relating to CIA detention and interrogation after 9/11.
  • In public, the White House has tried to stay out of a growing constitutional clash between Congress and the CIA over alleged interference in the investigation. Reuters reported that the White House chief lawyer, Kathryn Ruemmler, had tried to mediate in private between both sides in an attempt to “de-escalate” the tension.But the admission that the White House is withholding key documents is likely to renew criticism that the Obama administration is failing to live up to promises to fully investigate a dark chapter in CIA history.
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  • Udall said he had lifted a procedural obstacle he had placed on the CIA’s nominee for its next general counsel, Caroline Krass. That sets up the departure of its acting senior attorney, Robert Eatinger, who is at the centre of this week’s extraordinary battle between the Senate intelligence committee and the CIA.Krass had already cleared the Senate committee, but Udall put her on hold to gain leverage for the committee in its struggle for access to CIA documents relevant to its extensive study of the agency’s post-9/11 interrogation, rendition and detention program, which involved torture.The Senate voted Thursday to confirm Krass, sending her to Langley at a time when relations between the CIA and the Senate have reached a nadir. While Eatinger was never going to be the agency’s permanent general counsel, he is now the first explicit casualty in the row between the CIA and its Senate overseers.Eatinger, a longtime agency lawyer with counterterrorism experience, was cited on Monday by the panel’s chairwoman, Dianne Feinstein of California, in her seminal speech lashing out at the CIA. Without naming him, Feinstein indicated he was instrumental in the agency’s now-abandoned torture practices, and had been cited over 1,600 times in the classified Senate torture investigation.
  • Feinstein said Eatinger, whom senators have taken care not to name, had alerted the Justice Department to her staff’s removal of a CIA document from a classified facility – which both Feinstein and Udall cite as a conflict of interest.Ahead of Krass’s arrival at the CIA, Udall called on Eatinger to immediately recuse himself from any internal matters related to either the torture inquiry or the Senate panel generally. “We need to correct the record on the CIA’s coercive detention and interrogation program and declassify the Senate intelligence committee’s exhaustive study of it. I released my hold on Caroline Krass’s nomination today and voted for her to help change the direction of the agency,” Udall said in a statement on Thursday.
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    6 million documents. Which means that the Administration chose the time-proven tactic of emptying wastebaskets to have *something* to talk about in defense of withholding the truly damning documents. The Senate committee asked for Swiss Cheese; the administration provided only the cheese's holes. 6,400 documents is far more than the Administration will hold back if this issue winds up in court because of the truly staggering paperwork burden placed on the Administration by procedures for subpoena cases. The White House will have the burdens of proof and persuasion, with a strong presumption favoring production of the records.  For a good quick overview of the governing law and its constitutional history, see the D.C. Circuit's opinion In re sealed Case, 121 F. 3d 729 (1997),  http://scholar.google.com/scholar_case?case=7608826439463067791
Gary Edwards

GOP immigration plan devised by Communist Party - 0 views

  • Republican support
  • But why would Republicans get behind such a plan? Some astute political observers advise that when politicians appear to be promoting agendas against their own interest, follow the money.
  • t’s no surprise that the Republicans supporting this thing are the ones with ties to the Chamber of Commerce, not ordinary voters.”
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  • But even if big business benefits, the cheap labor advantages are only temporary. Once illegal aliens are fully legalized, businesses will be required to provide just as much in pay and benefits as they pay American workers.
  • In the meantime, however, it is widely assumed those workers will take jobs from American citizens, depress wages and increase unemployment. Moreover, in many key swing states, projected amnesties will swamp the rolls of the unemployed (see table)
  • So, illegal aliens would be granted legal status immediately, but five years down the road, if the fence still isn’t built and e-verify still isn’t being used, then their legal status would be revoked. Given that the Department of Homeland Security is already allegedly ignoring border security –with immigration and customs agents suing their own agency for failing to enforce the law – many voters place little confidence in political promises of future enforcement.
  • In the meantime, Senate and House opponents have been painstakingly highlighting what they consider to be glaring flaws in these proposals: Every single border security provision in the Senate bill, including the hire of 20,000 Border Patrol agents, denying amnesty to criminals, building fences and installing surveillance devices, can be waived by the Homeland Security secretary. Both the House and Senate proposals emphasize the path to citizenship – the centerpiece of communist efforts – while making border security both vague and secondary. Both bills provide a $5,000 incentive for companies to hire the newly legalized illegal aliens instead of Americans, since the aliens would not be subject to the Obamacare coverage mandate.
  • Although politicians and the media have settled on the claim that there are 11 million illegal aliens, the actual number may well be closer to 20 million to 30 million. There were 10 million in 1996, a mere 10 years after Reagan’s amnesty, and it is doubtful only one million more have been added in the ensuing 17 years. Since 1990, Border agents have apprehended on average more than 1 million illegal aliens per year, almost all from Mexico.
  • When the Reagan amnesty became law, the intention was to naturalize only 1.2 million people, but the actual figure turned out to be 2.7 million. Statistics on illegal immigration have longed tended to be underestimated, sometimes vastly so.
  • Thus, current proposals provide a path to citizenship for as many as 20 to 30 million illegal aliens here now, plus relatives who will be brought in through chain migration and at least 75 percent of those who will come in the future – virtually endless amnesty – while efforts to secure the border are almost certain to be insufficient.
  • With polls showing more than two-thirds of Americans don’t believe “immigration laws would be enforced in the future if illegal aliens were given amnesty,” it is clear that passage of the current Republican-backed bill may indeed fulfill the agenda of its communist originators – the creation of a permanent Democrat voting majority, guaranteeing permanent control of the United States government by leftist progressives.
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    Wow.  Documentation up the ying yang .......... "The U.S. Senate's "Gang of Eight" immigration-reform plan, as well as a strikingly similar plan now being backed by Rep. Paul Ryan, R-Wis., and a bi-partisan House "Gang," both offer the "roadmap to citizenship" originally conceived and carefully developed by members of the Communist Party USA working within the Democratic Party and the radical left activist network for the purpose of using amnestied illegals to build a "permanent progressive majority." That is the inescapable conclusion readers will draw after reading the forthcoming book by acclaimed researcher and blogger Trevor Loudon, titled "The Enemies Within: Communists, Socialists and Progressives in the U.S. Congress." Although not yet published, Loudon agreed to allow WND readers to preview one chapter, titled "Latino Immigrants: Tools to Ensure a 'Governing Coalition' for the Left." Ads by Google Marriage Visa Lawyer $195 Get Your Fiance/Spouse to the USA. Free Consultation. (888) 902-9285 EasyFianceVisa.com/SpousalVisa Canadian Rockies By Train Experience the Rockies By Train. Luxury Mountain Travel By Rail TravelAlberta.us/Train In the book, Loudon exhaustively documents the Left's longtime agenda regarding illegal aliens and how its activists have gone about implementing it. He provides irrefutable proof that the entire immigration-reform movement was the brainchild of American communists and that their goal has long been to establish unchallengeable political supremacy. According to Loudon, the Communist Party USA has influenced U.S. policy toward illegals since at least the 1960s. He traces the history, showing how communists and communist-founded organizations slowly built the movement from the ground up. While other groups certainly joined the effort, the communists were always at the center. For example, he tells the story of CPUSA member Bert Corona, the "Communist Father of the 'Immigrants Rights' move
Paul Merrell

Interview With Iran Foreign Minister: "The President of the US is Being Pushed into a T... - 0 views

  • Video and Transcript Press TV has conducted an exclusive interview with Iran’s Foreign Minister Mohammad Javad Zarif
  • The use of chemical weapons is a crime, we believe it is a crime against humanity, but we believe that also the use of force, the threat of use of force, is also a criminal offense in international law. Unfortunately it seems to me that the United States seems to be living in the 19th century when the use of force was a prerogative of states, it is not. I believe the United States, the president of the United States, who seems to be a very fine constitutional lawyer, has to look into his law books, his international law books, which he has not, I think, reviewed recently, and consider the fact, that when he concedes, as he did last night before the American people, that there is no imminent or direct threat against the United States, then the United States doesn’t have any standing under any provision of international law, to take law in its own hands.
  • There is a need for the United States to come to the realization, and I believe this is an important realization for the United States, that not only the use of force is illegal, that not only the threat of force is against a preemptory international norm of law, but also and more importantly the use of force is ineffective. Force has lost its utility in international relations and it lost its utility long time ago. In 1928, civilized countries decided to reject the use of force as an instrument of national policy, before then, force or war was an instrument of national policy, they thought that war was diplomacy by another means. But since then, the international community has come to its senses, believing that the use of force doesn’t provide the necessary outcome that those who started it wanted to provide and wanted to produce and that is why they have outlawed the use of force. It is not a bunch of idealistic lawyers who sat down and banned the use of force, but in fact because of the reality that it has lost the utility that. Let me just tell you that in the 20th century, 85 percent of the cases, where a country resorted to force, have resulted in that country either being annihilated or not achieving the intended consequences of the war, so that shows to you empirically that force is no longer effective. I hope that the United States, which is the mightiest country on the face of the earth, would come to this realization that it is important to use other means of influence; force is no longer effective
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  • I believe the statement “all options are on the table” is an outdated statement because all options are not on the table, at least for the countries that claim to be law-abiding, for countries that claim to be following the UN charter, for countries which push others to live to their international obligations under the UN charter, push others, who want to punish others for violating internationals law, they have to know that all options are not on the table. The threat or the use of force have been removed from the table long time ago by countries, including the United States when they gathered in San Francisco and decided to save the succeeding generations from the scourge of war, which twice in their generation caused untold misery. So this comes from the charter of the United Nations adopted under the US hospitality in San Francisco in 1945. So, they have to understand that all options are not on the table.
  • Unfortunately a great deal of foreign intervention, a great deal of arms shipment to the various rebel groups, extremist groups, groups that have caused havoc in the region and beyond the region is continuing for very shortsighted interests. They should know that those who help, create and breed extremism in the region [will] fall victim to that extremism. Whether that extremism was that of al-Qaeda, whether it was that of Taliban or that of Saddam Hussein. Those who sponsor them will be their final victims.
  • We have indications and we had shared those indications in the past with the United States and with others that unfortunately, and this is extremely dangerous, the chemical weapons were being smuggled into Syria to groups, armed groups that are fighting the Syrian people and the Syrian government. This was information that we had for some time. A number of arrests have been made earlier this year in the neighboring countries, indicating the fact that this was actually taking place.
  • We alerted them, we told them that this was taking place, we told them and we still tell them that this is a continuing nightmare, chemical weapons in the hands of non-state actors, particularly extremist non-state actors is a threat to everybody. It recognizes no borders, it will become a menace for the entire region and those who help these groups have access to chemical weapons will need to address the question how they are going to deal with that? The addresses are unknown. The possibilities for the use of these chemical weapons are unknown. I am not in the business of fear mongering, I am not in that business but this is a real concern. We need to be able to address this issue and to find a way. Now we are very happy that the Syrians are dealing with some sort of an international arrangement to deal with their chemical weapons, but it is important also at the same time to deal with the weapons that are in the hands of the extremists.
Paul Merrell

Partnership between Facebook and police could make planning protests impossible - RT USA - 0 views

  • A partnership between police departments and social media sites discussed at a convention in Philadelphia this week could allow law enforcement to keep anything deemed criminal off the Internet—and even stop people from organizing protests. A high-ranking official from the Chicago Police Department told attendees at a law enforcement conference on Monday that his agency has been working with a security chief at Facebook to block certain users from the site “if it is determined they have posted what is deemed criminal content,” reports Kenneth Lipp, an independent journalist who attended the lecture. Lipp reported throughout the week from the International Association of Chiefs of Police conference, and now says that a speaker during one of the presentations suggested that a relationship exists between law enforcement and social media that that could be considered a form of censorship. According to Lipp, the unnamed CPD officer said specifically that his agency was working with Facebook to block users’ by their individual account, IP address or device, such as a cell phone or computer.
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    Here's a First Amendment conspiracy civil rights case waiting to happen. Prior restraints on speech are a very big constitutional no-no. When private actors such as Facebook staff conspire with government officials to violate federal rights, they are just as susceptible to a civil rights lawsuit as the government officials are. Query, does Mark Zuckerberg now know how to hire and effectively use competent lawyers? 
Paul Merrell

NSA oversight dismissed as 'illusory' as anger intensifies in Europe and beyond | World... - 0 views

  • The Obama administration's international surveillance crisis deepened on Monday as representatives from a Latin American human rights panel told US diplomats that oversight of the programs was "illusory".Members of the Inter-American Commission on Human Rights, an arm of the Organization of American States, expressed frustration and dissatisfaction with the National Security Agency's mass surveillance of foreign nationals – something the agency argues is both central to its existence and necessary to prevent terrorism. "With a program of this scope, it's obvious that any form of control becomes illusory when there's hundreds of millions of communications that become monitored and surveilled," said Felipe Gonzales, a commissioner and Chilean national."This is of concern to us because maybe the Inter-American Committee on Human Rights may become a target as well of surveillance," said Rodrigo Escobar Gil, a commissioner and Colombian citizen.
  • Frank La Rue, the United Nations special rapporteur on the right to freedom of opinion and expression, told the commission that the right to privacy was "inextricably linked" to free expression. "What is not permissible from a human rights point of view is that those that hold political power or those that are in security agencies or, even less, those in intelligence agencies decide by themselves, for themselves, what the scope of these surveillance activities are, or who will be targeted, or who will be blank surveilled," La Rue said.While the US sent four representatives to the hearing, they offered no defence, rebuttal or elaboration about bulk surveillance, saying the October government shutdown prevented them from adequate preparation. "We are here to listen," said deputy permanent representative Lawrence Gumbiner, who pledged to submit written responses within 30 days.All 35 North, Central and South American nations are members of the commission. La Rue, originally from Guatemala and an independent expert appointed by the Human Rights Council, travels the world reporting on human rights concerns – often in countries with poor democratic standards.
  • The Obama administration has been fielding a week's worth of European outrage following media reports that the NSA had collected a similarly large volume of phone calls from France – which director of national intelligence James Clapper, who recently apologised for misleading the Senate about domestic spying, called "false" – and spying on German chancellor Angela Merkel's own cellphone, which US officials have effectively confessed to. Brazil and Mexico are also demanding answers from US intelligence officials, following reports about intrusive acts of espionage in their territory revealed by documents provided to journalists by former NSA contractor Edward Snowden. The White House has said it will provide some answers after the completion of an external review of its surveillance programs, scheduled to be completed before the end of the year. The Guardian reported on Thursday that the NSA has intercepted the communications of 35 world leaders.
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  • Spying on foreigners is the core mission of the NSA, one that it vigorously defends as appropriate, legal and unexceptional given the nature of global threats and widespread spycraft. Monday's hearing suggested that there are diplomatic consequences to bulk surveillance even if there may not be legal redress for non-Americans. Brazil has already shown a willingness to challenge Washington over bulk surveillance. President Dilma Rousseff postponed a September meeting with President Obama in protest, and denounced the spying during the UN general assembly shortly thereafter. Brazil is also teaming up with Germany at the UN on a general assembly resolution demanding an end to the mass surveillance. The commission's examination of the NSA's bulk surveillance activities suggested a potential southern front could open in the spy crisis just as the administration is attempting to calm down Europe.
  • International discomfort with NSA bulk surveillance is not the only spy challenge the Obama administration now confronts. Congressman James Sensenbrenner, the Wisconsin Republican and key author of the 2001 Patriot Act, is poised to introduce a bill this week that would prevent the NSA from collecting phone records on American citizens in bulk and without an individual warrant. The National Journal reported that Sensenbrenner's bill, which has a companion in the Senate, has attracted eight co-sponsors who either voted against or abstained on a July amendment in the House that would have defunded the domestic phone records bulk collection, a legislative gambit that came within seven votes of passage.Sensenbrenner's bill, like its Senate counterpart sponsored by Vermont Democrat Patrick Leahy, would not substantially restrict the NSA's foreign-focused surveillance, which is a traditional NSA activity. There is practically no congressional appetite, and no viable legislation, to limit the NSA from intercepting the communications of foreigners. An early sign about the course of potential surveillance reforms in the House of Representatives may come as early as Tuesday. The House intelligence committee, a hotbed of support for the NSA, will hold its first public hearing of the fall legislative calendar on proposed surveillance legislation. Its chairman, Mike Rogers of Michigan, has proposed requiring greater transparency on the NSA and the surveillance court that oversees it, but would largely leave the actual surveillance activities of the NSA, inside and outside the United States, untouched.
  • Alex Abdo, a lawyer with the ACLU, which requested the hearing at the Inter-American Commission on Human Rights, warned the human rights panel that the NSA could "target the foreign members of this commission when they travel abroad", as well as foreign dissidents of US-aligned governments; foreign lawyers for Guantánamo detainees; and other foreigners."If every country were to engage in surveillance as pervasive as the NSA, we would soon live in a state … with no refuge for the world's dissidents, journalists and human rights defenders," Abdo said.
Paul Merrell

NSA phone surveillance program likely unconstitutional, federal judge rules | World new... - 0 views

  • A federal judge in Washington ruled on Monday that the bulk collection of Americans’ telephone records by the National Security Agency is likely to violate the US constitution, in the most significant legal setback for the agency since the publication of the first surveillance disclosures by the whistleblower Edward Snowden. Judge Richard Leon declared that the mass collection of metadata probably violates the fourth amendment, which prohibits unreasonable searches and seizures, and was "almost Orwellian" in its scope. In a judgment replete with literary swipes against the NSA, he said James Madison, the architect of the US constitution, would be "aghast" at the scope of the agency’s collection of Americans' communications data. The ruling, by the US district court for the District of Columbia, is a blow to the Obama administration, and sets up a legal battle that will drag on for months, almost certainly destined to end up in the supreme court. It was welcomed by campaigners pressing to rein in the NSA, and by Snowden, who issued a rare public statement saying it had vindicated his disclosures. It is also likely to influence other legal challenges to the NSA, currently working their way through federal courts.
  • In Monday’s ruling, the judge concluded that the pair's constitutional challenge was likely to be successful. In what was the only comfort to the NSA in a stinging judgment, Leon put the ruling on hold, pending an appeal by the government. Leon expressed doubt about the central rationale for the program cited by the NSA: that it is necessary for preventing terrorist attacks. “The government does not cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack,” he wrote.
  • Leon’s opinion contained stern and repeated warnings that he was inclined to rule that the metadata collection performed by the NSA – and defended vigorously by the NSA director Keith Alexander on CBS on Sunday night – was unconstitutional. “Plaintiffs have a substantial likelihood of showing that their privacy interests outweigh the government’s interest in collecting and analysing bulk telephony metadata and therefore the NSA’s bulk collection program is indeed an unreasonable search under the fourth amendment,” he wrote. Leon said that the mass collection of phone metadata, revealed by the Guardian in June, was "indiscriminatory" and "arbitrary" in its scope. "The almost-Orwellian technology that enables the government to store and analyze the phone metadata of every telephone user in the United States is unlike anything that could have been conceived in 1979," he wrote, referring to the year in which the US supreme court ruled on a fourth amendment case upon which the NSA now relies to justify the bulk records program.
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  • In a statement, Snowden said the ruling justified his disclosures. “I acted on my belief that the NSA's mass surveillance programs would not withstand a constitutional challenge, and that the American public deserved a chance to see these issues determined by open courts," he said in comments released through Glenn Greenwald, the former Guardian journalist who received leaked documents from Snowden. "Today, a secret program authorised by a secret court was, when exposed to the light of day, found to violate Americans’ rights. It is the first of many.”
  • In his ruling, Judge Leon expressly rejected the government’s claim that the 1979 supreme court case, Smith v Maryland, which the NSA and the Obama administration often cite to argue that there is no reasonable expectation of privacy over metadata, applies in the NSA’s bulk-metadata collection. The mass surveillance program differs so much from the one-time request dealt with by the 1979 case that it was of “little value” in assessing whether the metadata dragnet constitutes a fourth amendment search.
  • In a decision likely to influence other federal courts hearing similar arguments from the ACLU, Leon wrote that the Guardian’s disclosure of the NSA’s bulk telephone records collection means that citizens now have standing to challenge it in court, since they can demonstrate for the first time that the government is collecting their phone data.
  • Leon also struck a blow for judicial review of government surveillance practices even when Congress explicitly restricts the ability of citizens to sue for relief. “While Congress has great latitude to create statutory schemes like Fisa,” he wrote, referring to the seminal 1978 surveillance law, “it may not hang a cloak of secrecy over the constitution.”
  • In his ruling on Monday, Judge Leon predicted the process would take six months. He urged the government to take that time to prepare for an eventual defeat. “I fully expect that during the appellate process, which will consume at least the next six months, the government will take whatever steps necessary to prepare itself to comply with this order when, and if, it is upheld,” wrote Leon in his opinion. “Suffice it to say, requesting further time to comply with this order months from now will not be well received and could result in collateral sanctions.”
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    This is the case I thought was the weakest because of poor drafting in the complaint. The judge noted those issues in dismissing the plaintiffs' claims under the Administrative Procedures Act, but picked his way through what remained to find sufficient allegations to support the 4th Amendment challenge. Because he ruled for the plaintiffs on the 4th Amendment count, the judge did not reach the plaintiffs' arguments under the First and Fifth Amendments. This case is about cellphone call metadata, which the FISA Court has been ordering cell phone companies to provide every day, with the orders updated every 90 days. The judge's 68-page opinion is at https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2013cv0881-40 (cleaner copy than the Guardian's, which was apparently faxed). Notably, the judge, Richard Leon, is a Bush II appointee and one of the plaintiffs is a prominent conservative civil libertarian lawyer. The other plaintiff is the father of an NSA cryptologist who worked closely with SEAL Team 6 and was killed along with members of that team when their helicopter crashed in Afghanistan. I'll add some more in a comment. But digital privacy is not yet dead.
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    Unfortunately, DRM is not dead yet either and the court's PDF file is locked. No easy copying of its content. If you want to jump directly to the discussion of 4th Amendment issues, go to page 35. That way, you can skip past all the dreary discussion of the Administrative Procedures Act claim and you won't miss much that's memorable. In ruling on the plaintiffs' standing to raise the 4th Amendment claim, Judge Leon postulated two possible search issues: [i] the bulk daily collection of metadata and its retention in the database for five years; and [ii] the analysis of that data through the NSA's querying process. The judge had no difficulty with the first issue; it definitely qualifies as a search. But the judge rejected the plaintiffs' argument on the second type (which was lame), demonstrating that at least one federal judge understands how computers work. The government's filings indicated that a "seed" telephone number or other identifier is used as the query string. Judge Leon figured out for himself from this fact that the NSA of necessity had to compare that number or identifier to every number or identifier in its database looking for a match. The judge concluded that the plaintiffs' metadata --- indeed everyone's metadata --- had to be searched for comparison purposes *every* time the NSA analysts ran any query against the database. See his incisive discussion at pp. 39-41. So having established that two searches were involved, one every time the NSA queried the database, the judge moved on to the next question, whether "the plaintiffs had a reasonable expectation of privacy that is violated when the Government indiscriminately collects their telephony metadata along with the metadata of hundreds of millions of other citizens without any particularized suspicion of wrongdoing, retains that metadata for five years, and then queries, analyzes, and investigates that data without prior judicial approval of the investigative targets." pg. 43. More later
Paul Merrell

New Israeli legal campaign accuses Abbas of 'terrorism' | Maan News Agency - 0 views

  • Right-wing Israeli political parties have begun a campaign to sue president Abbas for "war crimes" at the International Criminal Court in response to the Palestinian Authority's recent decision to join international conventions and treaties.The campaign comes amid a near breakdown in ongoing peace negotiations between Israel and the PLO, and seeks to file legal procedures against Abbas accusing him of supporting "terrorism" and aiding to terrorist organizations.Beginning on Friday, Israeli newspapers and websites have published advertisements calling on Israeli lawyers to join the campaign led by the Israel Law Center to sue Palestinian president Mahmoud Abbas on charges of supporting terrorist organizations.
  • Right-wing Israeli political parties have begun a campaign to sue president Abbas for "war crimes" at the International Criminal Court in response to the Palestinian Authority's recent decision to join international conventions and treaties.The campaign comes amid a near breakdown in ongoing peace negotiations between Israel and the PLO, and seeks to file legal procedures against Abbas accusing him of supporting "terrorism" and aiding to terrorist organizations.Beginning on Friday, Israeli newspapers and websites have published advertisements calling on Israeli lawyers to join the campaign led by the Israel Law Center to sue Palestinian president Mahmoud Abbas on charges of supporting terrorist organizations.
  • Palestinian minister of justice Ali Muhanna told Ma'an that the Israeli government had "lost balance both politically and legally." Their response, he said, reflects the degree of rage in Israel towards the PA for attempting to join international conventions. Muhanna confirmed that Israel "cannot engage in any legal action at the ICC because Israel is not a signatory to the Rome Statute of the International Criminal Court." "Such legal proceedings are submitted through the ICC's Attorney General or through the UN Security Council.""Abbas' move isn't a war crime. But the ongoing Israeli settlement construction, confiscation of Palestinian money, killing and detention of children are war crimes," he added.
Paul Merrell

US pushing local cops to stay mum on surveillance - Yahoo News - 0 views

  • WASHINGTON (AP) -- The Obama administration has been quietly advising local police not to disclose details about surveillance technology they are using to sweep up basic cellphone data from entire neighborhoods, The Associated Press has learned. Citing security reasons, the U.S. has intervened in routine state public records cases and criminal trials regarding use of the technology. This has resulted in police departments withholding materials or heavily censoring documents in rare instances when they disclose any about the purchase and use of such powerful surveillance equipment. Federal involvement in local open records proceedings is unusual. It comes at a time when President Barack Obama has said he welcomes a debate on government surveillance and called for more transparency about spying in the wake of disclosures about classified federal surveillance programs.
  • One well-known type of this surveillance equipment is known as a Stingray, an innovative way for law enforcement to track cellphones used by suspects and gather evidence. The equipment tricks cellphones into identifying some of their owners' account information, like a unique subscriber number, and transmitting data to police as if it were a phone company's tower. That allows police to obtain cellphone information without having to ask for help from service providers, such as Verizon or AT&T, and can locate a phone without the user even making a call or sending a text message. But without more details about how the technology works and under what circumstances it's used, it's unclear whether the technology might violate a person's constitutional rights or whether it's a good investment of taxpayer dollars. Interviews, court records and public-records requests show the Obama administration is asking agencies to withhold common information about the equipment, such as how the technology is used and how to turn it on. That pushback has come in the form of FBI affidavits and consultation in local criminal cases.
  • "These extreme secrecy efforts are in relation to very controversial, local government surveillance practices using highly invasive technology," said Nathan Freed Wessler, a staff attorney with the American Civil Liberties Union, which has fought for the release of these types of records. "If public participation means anything, people should have the facts about what the government is doing to them." Harris Corp., a key manufacturer of this equipment, built a secrecy element into its authorization agreement with the Federal Communications Commission in 2011. That authorization has an unusual requirement: that local law enforcement "coordinate with the FBI the acquisition and use of the equipment." Companies like Harris need FCC authorization in order to sell wireless equipment that could interfere with radio frequencies. A spokesman from Harris Corp. said the company will not discuss its products for the Defense Department and law enforcement agencies, although public filings showed government sales of communications systems such as the Stingray accounted for nearly one-third of its $5 billion in revenue. "As a government contractor, our solutions are regulated and their use is restricted," spokesman Jim Burke said.
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  • Local police agencies have been denying access to records about this surveillance equipment under state public records laws. Agencies in San Diego, Chicago and Oakland County, Michigan, for instance, declined to tell the AP what devices they purchased, how much they cost and with whom they shared information. San Diego police released a heavily censored purchasing document. Oakland officials said police-secrecy exemptions and attorney-client privilege keep their hands tied. It was unclear whether the Obama administration interfered in the AP requests. "It's troubling to think the FBI can just trump the state's open records law," said Ginger McCall, director of the open government project at the Electronic Privacy Information Center. McCall suspects the surveillance would not pass constitutional muster. "The vast amount of information it sweeps in is totally irrelevant to the investigation," she said.
  • A court case challenging the public release of information from the Tucson Police Department includes an affidavit from an FBI special agent, Bradley Morrison, who said the disclosure would "result in the FBI's inability to protect the public from terrorism and other criminal activity because through public disclosures, this technology has been rendered essentially useless for future investigations." Morrison said revealing any information about the technology would violate a federal homeland security law about information-sharing and arms-control laws — legal arguments that that outside lawyers and transparency experts said are specious and don't comport with court cases on the U.S. Freedom of Information Act. The FBI did not answer questions about its role in states' open records proceedings.
  • But a former Justice Department official said the federal government should be making this argument in federal court, not a state level where different public records laws apply. "The federal government appears to be attempting to assert a federal interest in the information being sought, but it's going about it the wrong way," said Dan Metcalfe, the former director of the Justice Department's office of information and privacy. Currently Metcalfe is the executive director of American University's law school Collaboration on Government Secrecy project. A criminal case in Tallahassee cites the same homeland security laws in Morrison's affidavit, court records show, and prosecutors told the court they consulted with the FBI to keep portions of a transcript sealed. That transcript, released earlier this month, revealed that Stingrays "force" cellphones to register their location and identifying information with the police device and enables officers to track calls whenever the phone is on.
  • One law enforcement official familiar with the Tucson lawsuit, who spoke on condition of anonymity because the official was not authorized to speak about internal discussions, said federal lawyers told Tucson police they couldn't hand over a PowerPoint presentation made by local officers about how to operate the Stingray device. Federal officials forwarded Morrison's affidavit for use in the Tucson police department's reply to the lawsuit, rather than requesting the case be moved to federal court. In Sarasota, Florida, the U.S. Marshals Service confiscated local records on the use of the surveillance equipment, removing the documents from the reach of Florida's expansive open-records law after the ACLU asked under Florida law to see the documents. The ACLU has asked a judge to intervene. The Marshals Service said it deputized the officer as a federal agent and therefore the records weren't accessible under Florida law.
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    The Florida case is particularly interesting because Florida is within the jurisdiction of the U.S. Eleventh Circuit Court of Appeals, which has just ruled that law enforcement must obtain a search warrant from a court before using equipment to determine a cell phone's location.  
Paul Merrell

UK referred to International Criminal Court for war crimes in Iraq - World Socialist We... - 0 views

  • International Criminal Court (ICC) prosecutor, Fatou Bensouda, has accepted the complaint lodged in January alleging that UK military personnel committed war crimes against Iraqis in their custody between 2003 and 2008. She has ordered a preliminary investigation. It is the first step into a possible criminal prosecution against Britain’s political and military leaders, including politicians, senior civil servants, lawyers, Chief of Defence Staff and Chief of Defence Intelligence, who bear ultimate responsibility for systematic abuse of detainees in Iraq. This is the first time the ICC in The Hague has opened an enquiry into a Western state. Almost all of the ICC’s indictees have been African heads of state or officials.
  • Bensouda’s decision flows from an official complaint by the British Public Interest Lawyers (PIL) and the European Centre for Constitutional and Human Rights (ECCHR) last January. Their 250-page submission, the most detailed ever submitted to the ICC on war crimes committed by British forces in Iraq, took years to compile. It documented the new facts and additional evidence that had become available since the initial complaint in 2006.
  • The list of the most serious allegations is damning. They include the use of sensory deprivation and isolation, food and water deprivation, the use of prolonged stress positions, the use of the “harshing” technique which involves sustained aggressive shouting in close proximity to the victim, a wide range of physical assault, including beating, burning, electrocution or electric shocks, both direct and implied threats to the health and safety of the detainees and/or friends and family, including mock executions and threats of rape, death, torture, indefinite detention and violence.
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  • There are claims that British personnel used environmental manipulation such as exposure to extreme temperatures, forced exertion, cultural and religious humiliation. Other allegations referred to a wide range of sexual assaults and humiliation including forced nakedness, sexual taunts and attempted seduction, touching of genitalia, forced or simulated sexual acts, and forced exposure to pornography and sexual acts between soldiers. In all, the victims made thousands of allegations of mistreatment that amount to war crimes: torture, inhuman or degrading treatment as well as the deliberate infliction of grievous suffering and/or serious injury. They were not dissimilar from those of the infamous US torture at Abu Ghraib prison. The sheer scale of the crimes, committed repeatedly at numerous sites and over a long period, testify to the systematic use of illegal methods of detention and interrogation, sanctioned at the top of the military and political chain.
  • UK military commanders “knew or should have known” that forces under their control “were committing or about to commit war crimes,” but failed to act. “Civilian superiors knew or consciously disregarded information at their disposal, which clearly indicated that UK services personnel were committing war crimes in Iraq.” PIL and ECCHR specifically called for Britain’s most senior army personnel and politicians, including former Secretaries of State for Defence Geoffrey Hoon, John Reid, Des Browne and John Hutton and Ministers of State for the Armed Forces Personnel Adam Ingram and Bob Ainsworth as officials who should have to answer claims about the systematic use of torture and cruelty.
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