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Turkey Goes to War - 0 views

  • More important, Erdogan intends to use his landslide victory to persuade the Military High Command that he has a popular mandate for his foreign policy, a policy that has amassed thousands of Turkish troops, armored vehicles and tanks on the Syrian border for a possible invasion. Up to now, the military has resisted Erdogan on this matter, but now that Chief of General Staff Gen. Necdet Özel, has been replaced as head of the Turkish Armed Forces (TSK) by the more compliant General Hulusi Akar, the plan to invade Syria and secure a so called “safety zone” along the Syrian side of the Turkish border, becomes much more probable. The plan to annex sovereign Syrian territory and use it to launch attacks on the government of Syrian President Bashar al Assad dates back to 2012.  In 2015, however, the strategy was expanded upon by Brookings analyst Michael E. O’Hanlon in a piece  titled “Deconstructing Syria: A new strategy for America’s most hopeless war”. Here’s an excerpt:
  • “…the only realistic path forward may be a plan that in effect deconstructs Syria….the international community should work to create pockets with more viable security and governance within Syria over time… The idea would be to help moderate elements establish reliable safe zones within Syria once they were able. American, as well as Saudi and Turkish and British and Jordanian and other Arab forces would act in support, not only from the air but eventually on the ground via special forces. … Western forces themselves would remain in more secure positions in general—within the safe zones but back from the front lines—at least until the reliability of such defenses, and also local allied forces, made it practical to deploy and live in more forward locations. Creation of these sanctuaries would produce autonomous zones that would never again have to face the prospect of rule by either Assad ….The interim goal might be a confederal Syria, with several highly autonomous zones… The confederation would likely require support from an international peacekeeping force….to make these zones defensible and governable,….and to train and equip more recruits so that the zones could be stabilized and then gradually expanded.”  (Deconstructing Syria: A new strategy for America’s most hopeless war, Michael E. O’Hanlon, Brookings Institute)
  • This is the Obama administration’s basic blueprint for toppling Assad and reducing Syria into an ungovernable failed state run by regional warlords, renegade militias and Islamic extremists. US Secretary of State John Kerry confirmed our worst suspicions about this sinister plan in a speech he delivered to the Carnegie Endowment for International Peace just last week.  Here’s part of what he said: “In northern Syria, the coalition and its partners have pushed Daesh (ISIS) out of more than 17,000 square kilometers of territory, and we have secured the Turkish-Syrian border east of the Euphrates River. That’s about 85 percent of the Turkish border, and the President is authorizing further activities to secure the rest……. We’re also enhancing our air campaign in order to help drive Daesh, which once dominated the Syria-Turkey border, out of the last 70-mile stretch that it controls.” (U.S. Secretary of State John Kerry on the Future of U.S. Policy in the Middle East, Carnegie Endowment for International Peace) Repeat: “That’s about 85 percent of the Turkish border, and the President is authorizing further activities to secure the rest.”
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  • Why has Obama “authorized further activities to secure the rest”? Because no one in Washington believes that the US-backed jihadis will beat the combined forces of the Russian-led coalition which is gradually annihilating the terrorist militias across Syria. So now, Obama is moving on to Plan B, the creation of a terrorist sanctuary on the Syrian side of the Syrian-Turkish border where the US and its partners can continue to arm, train and deploy their jihadi maniacs back into Syria whenever they choose to do so. Undoubtedly, Obama’s Special Forces will be used to oversee this operation and to make sure that everything goes according to plan. There is, of course, a question about the Kurdish militias role in this strategy. Recently, the US has air-dropped pallet-loads of weapons and ammo to the Democratic Union Party (PYD)  hoping the group could help the US secure the last stretch of land along the border west of the Euphrates thus keeping vital supplylines open for the jihadis while establishing a safe haven on Syrian territory. Erdogan violently opposes any operation that will create a contiguous Kurdish state on the Syrian side of the border. So how will this situation be resolved? Will Obama stick with the Kurds or realign with Erdogan in exchange for Turkish boots on the ground?
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US and Israel try to rewrite history of UN resolution declaring Zionism racism - 0 views

  • “Zionism is a form of racism and racial discrimination,” reads UN General Assembly Resolution 3379. The measure was adopted 40 years ago, on Nov. 10, 1975, and the majority of the international community backed it. 72 countries voted for the resolution, with just 35 opposed (and 32 abstentions). Although little-known in the US today (it is remarkable how effectively the US and its allies have rewritten history in their favor), UN GA Res. 3379, titled “Elimination of all forms of racial discrimination,” made an indelible imprint on history. The geographic distribution of the vote was telling. The countries that voted against the resolution were primarily colonial powers and/or their allies. The countries that voted for it were overwhelmingly formerly colonized and anti-imperialist nations.
  • The resolution also cited two other little-known measures passed by international organizations in the same year: the Assembly of the Heads of State and Government of the Organization of African Unity’s resolution 77, which ruled “that the racist regime in occupied Palestine and the racist regimes in Zimbabwe and South Africa have a common imperialist origin, forming a whole and having the same racist structure”; and the Political Declaration and Strategy to Strengthen International Peace and Security and to Intensify Solidarity and Mutual Assistance among Non-Aligned Countries, which called Zionism a “racist and imperialist ideology.” When the resolution was passed, Israeli Ambassador to the UN Chaim Herzog — who later became Israel’s sixth president, and the father of Isaac Herzog, the head of Israel’s opposition — famously tore up the text at the podium. Herzog claimed the measure was “based on hatred, falsehood, and arrogance,” insisting it was “devoid of any moral or legal value.” Still today, supporters of Israel argue UN GA Res. 3379 was an anomalous product of anti-Semitism. In reality, however, the resolution was the result of international condemnation of the illegal military occupation to which Palestinians had been subjected since 1967 and the apartheid-like conditions the indigenous Arab population had lived under as second-class citizens of an ethnocratic state since 1948.
  • In 1991, resolution 3379 was repealed for two primary reasons: One, the Soviet bloc, which helped pass the resolution, had collapsed; and two, Israel and the US demanded that it be revoked or they refused to participate in the Madrid Peace Conference. At the UN on Nov. 11, US Ambassador to the UN Samantha Power and Secretary of State John Kerry eulogized the late Herzog and forcefully condemned the resolution on its 40th anniversary. In his 2,500-word statement, Kerry mentioned Palestinians just once, and only then as an extension of Israelis. In her remarks, Power did not mention Palestinians at all.
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  • In his speech, Kerry smeared resolution 3379 as “anti-Semitic” and “absurd.” Kerry called it “a bitter irony that this resolution against Zionism was originally a resolution against racism and colonialism” and lamented that “reasonableness was detoured by a willful ignorance of history and truth.” Sec. Kerry insisted “we will do all in our power to prevent the hijacking of this great forum for malicious intent” — a fascinating claim, considering how incredibly often the US itself hijacks the UN against the will of the international community, in the interests of both itself and Israel. Kerry warned about “the global reality of anti-Semitism today” (he made no mention whatsoever of the global reality of rampant, rapidly accelerating, and viciously violent anti-Muslim, anti-Arab, and anti-Black racism), and implied that the “terrorist bigots of Daesh [ISIS], Boko Haram, Al Shabaab, and so many others” are part of this larger anti-Semitic trend. One could argue Sec. Kerry downplayed the severity of the present political situation by characterizing these fascistic groups’ violent extremism as rooted in anti-Semitic bigotry, rather than in radicalization under conditions of intense oppression, bitter poverty, and brutal tyranny.
  • UN Secretary-General Ban Ki-moon joined Kerry, Power, and Netanyahu in the echo chamber, albeit with a bit more subtlety. “The reputation of the United Nations was badly damaged by the adoption of resolution 3379, in and beyond Israel and the wider Jewish community,” he said. Unlike the others, Ban condemned not just anti-Semitism, but also “wide-ranging anti-Muslim bigotry and attacks [and] discrimination against migrants and refugees.” Although the Israeli government accuses the UN of bias, the evidence demonstrates the opposite. Secret cables released by whistleblowing journalism organization WikiLeaks revealed that the US and Israel worked hand-in-hand with the UN and Sec.-Gen. Ban in order to undermine investigation into and punitive action on Israel’s war crimes in Gaza.
  • In her speech at the UN, Power, like Kerry, conflated the heinous Nazi attacks on Jewish civilians in the Kristallnacht with UN GA Res. 3379. Both speakers cited the abominable horrors of the Holocaust several times as reasons to support Zionism, glossing over the fact that Zionism was created in the late 19th century and that the Balfour Declaration dates back to 1917, decades before World War II. Amb. Power — a serial warmonger and veteran blame-dodger — did what she did best: rewrote history in the favor of US imperialism. She called the resolution “1975 smearing of Jews’ aspirations to have a homeland” and insisted multiple times that resolutions like 3379 “threaten the legitimacy of the UN.” Like Kerry, Power conveniently forgot to mention that, when it comes to the halls of the UN, there is no other rogue state as blunt as the US, which regularly spits in the face of the international community, defying UN resolutions, violating the UN Charter, and breaking international law when it sees fit. Power’s speech exposed the fault lines in the contentious (to put it mildly) relationship between the US and the UN — that is to say, between the US and the international community. Such tensions are not the fault of the UN; the blame rests squarely on the shoulders of Washington, with its doctrinal “American exceptionalism” and the flagrant disregard for international law that so frequently accompanies such imperial hubris.
  • In their speeches, both Kerry and Power also thanked Israeli UN Ambassador Danny Danon, who was described by an Israeli Labor Party lawmaker as “a right-wing extremist with the diplomatic sensitivity of a pit bull” and who proposed legislation that would, in his own words, have the Israeli government “annex the West Bank and repeal the Oslo Accords.” Amb. Danon insists that God gave the land of historic Palestine to the Jewish people as an “everlasting possession” (while forsaking the US). He also told the Times of Israel that the “international community can say whatever they want, and we can do whatever we want.” Netanyahu addressed the session with a video message. He claimed that Israel, which has for years led the world in violating UN Security Council resolutions, “continues to face systemic discrimination here at the UN.” In a January 2013 statement submitted to the UN Human Rights Council, the Russell Tribunal calculated Israel had defied a bare minimum of 87 Security Council resolutions. The Russel Tribunal also crucially noted “that Israel’s ongoing colonial settlement expansion, its racial separatist policies, as well as its violent militarism would not be possible without the US’s unequivocal support.” The tribunal pointed out that Israel “is the largest recipient of US foreign aid since 1976 and the largest cumulative recipient since World War II” and that, between 1972 and 2012, the US was the lone veto of UN resolutions critical of Israel 43 times.
  • The US secretary of state extolled “Zionism as the expression of a national liberation movement.” The national liberation movements of Vietnam, Korea, China, Nicaragua, El Salvador, Colombia, Congo, South Africa, Burkina Faso, and so many more nations, however, did not get such approval from Washington; au contraire, they were mercilessly crushed under the iron fist of American empire. Traditionally, only right-wing and settler-colonial “national liberation movements” have garnered the US’s official approval. “Why do we Americans care so much about the rights of others being respected?” Kerry asked unprovoked. “Because, in an interconnected world, injustice anywhere is a threat to justice everywhere.” He should tell that to the victims of US-backed dictatorships in Saudi Arabia, the UAE, Bahrain, Qatar, Egypt, Turkmenistan, Kazakhstan, Thailand, Brunei, Rwanda, Ethiopia, Uganda, and, once again, so many more nations. “Times may change, but one thing we do know: America’s support for Israel’s dreaming and Israel’s security, that will never change,” Kerry proclaimed.
  • The real victim of the 40th anniversary event was the truth — and, of course, as it was four decades ago, the Palestinians. Yet, while UN GA Res. 3379 was repealed, the truth cannot be revoked. Zionism was and remains an unequivocally racist movement — just like any other hyper-nationalist and ethnocratic movement. None other than the founding father of Zionism, Theodor Herzl, recognized this elementary fact. In a 1902 letter to Cecil Rhodes — a diamond magnate and white supremacist British colonialist with oceans of African blood on his hands — Herzl, writing of “the idea of Zionism, which is a colonial idea,” requested help colonizing historic Palestine. “It doesn’t involve Africa, but a piece of Asia Minor, not Englishmen but Jews… How, then, do I happen to turn to you since this is an out-of-the-way matter for you? How indeed? Because it is something colonial,” Herzl wrote. “I want you to… put the stamp of your authority on the Zionist plan.”
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Edward Snowden Explains How To Reclaim Your Privacy - 0 views

  • Micah Lee: What are some operational security practices you think everyone should adopt? Just useful stuff for average people. Edward Snowden: [Opsec] is important even if you’re not worried about the NSA. Because when you think about who the victims of surveillance are, on a day-to-day basis, you’re thinking about people who are in abusive spousal relationships, you’re thinking about people who are concerned about stalkers, you’re thinking about children who are concerned about their parents overhearing things. It’s to reclaim a level of privacy. The first step that anyone could take is to encrypt their phone calls and their text messages. You can do that through the smartphone app Signal, by Open Whisper Systems. It’s free, and you can just download it immediately. And anybody you’re talking to now, their communications, if it’s intercepted, can’t be read by adversaries. [Signal is available for iOS and Android, and, unlike a lot of security tools, is very easy to use.] You should encrypt your hard disk, so that if your computer is stolen the information isn’t obtainable to an adversary — pictures, where you live, where you work, where your kids are, where you go to school. [I’ve written a guide to encrypting your disk on Windows, Mac, and Linux.] Use a password manager. One of the main things that gets people’s private information exposed, not necessarily to the most powerful adversaries, but to the most common ones, are data dumps. Your credentials may be revealed because some service you stopped using in 2007 gets hacked, and your password that you were using for that one site also works for your Gmail account. A password manager allows you to create unique passwords for every site that are unbreakable, but you don’t have the burden of memorizing them. [The password manager KeePassX is free, open source, cross-platform, and never stores anything in the cloud.]
  • The other thing there is two-factor authentication. The value of this is if someone does steal your password, or it’s left or exposed somewhere … [two-factor authentication] allows the provider to send you a secondary means of authentication — a text message or something like that. [If you enable two-factor authentication, an attacker needs both your password as the first factor and a physical device, like your phone, as your second factor, to login to your account. Gmail, Facebook, Twitter, Dropbox, GitHub, Battle.net, and tons of other services all support two-factor authentication.]
  • We should armor ourselves using systems we can rely on every day. This doesn’t need to be an extraordinary lifestyle change. It doesn’t have to be something that is disruptive. It should be invisible, it should be atmospheric, it should be something that happens painlessly, effortlessly. This is why I like apps like Signal, because they’re low friction. It doesn’t require you to re-order your life. It doesn’t require you to change your method of communications. You can use it right now to talk to your friends.
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  • Lee: What do you think about Tor? Do you think that everyone should be familiar with it, or do you think that it’s only a use-it-if-you-need-it thing? Snowden: I think Tor is the most important privacy-enhancing technology project being used today. I use Tor personally all the time. We know it works from at least one anecdotal case that’s fairly familiar to most people at this point. That’s not to say that Tor is bulletproof. What Tor does is it provides a measure of security and allows you to disassociate your physical location. … But the basic idea, the concept of Tor that is so valuable, is that it’s run by volunteers. Anyone can create a new node on the network, whether it’s an entry node, a middle router, or an exit point, on the basis of their willingness to accept some risk. The voluntary nature of this network means that it is survivable, it’s resistant, it’s flexible. [Tor Browser is a great way to selectively use Tor to look something up and not leave a trace that you did it. It can also help bypass censorship when you’re on a network where certain sites are blocked. If you want to get more involved, you can volunteer to run your own Tor node, as I do, and support the diversity of the Tor network.]
  • Lee: So that is all stuff that everybody should be doing. What about people who have exceptional threat models, like future intelligence-community whistleblowers, and other people who have nation-state adversaries? Maybe journalists, in some cases, or activists, or people like that? Snowden: So the first answer is that you can’t learn this from a single article. The needs of every individual in a high-risk environment are different. And the capabilities of the adversary are constantly improving. The tooling changes as well. What really matters is to be conscious of the principles of compromise. How can the adversary, in general, gain access to information that is sensitive to you? What kinds of things do you need to protect? Because of course you don’t need to hide everything from the adversary. You don’t need to live a paranoid life, off the grid, in hiding, in the woods in Montana. What we do need to protect are the facts of our activities, our beliefs, and our lives that could be used against us in manners that are contrary to our interests. So when we think about this for whistleblowers, for example, if you witnessed some kind of wrongdoing and you need to reveal this information, and you believe there are people that want to interfere with that, you need to think about how to compartmentalize that.
  • Tell no one who doesn’t need to know. [Lindsay Mills, Snowden’s girlfriend of several years, didn’t know that he had been collecting documents to leak to journalists until she heard about it on the news, like everyone else.] When we talk about whistleblowers and what to do, you want to think about tools for protecting your identity, protecting the existence of the relationship from any type of conventional communication system. You want to use something like SecureDrop, over the Tor network, so there is no connection between the computer that you are using at the time — preferably with a non-persistent operating system like Tails, so you’ve left no forensic trace on the machine you’re using, which hopefully is a disposable machine that you can get rid of afterward, that can’t be found in a raid, that can’t be analyzed or anything like that — so that the only outcome of your operational activities are the stories reported by the journalists. [SecureDrop is a whistleblower submission system. Here is a guide to using The Intercept’s SecureDrop server as safely as possible.]
  • And this is to be sure that whoever has been engaging in this wrongdoing cannot distract from the controversy by pointing to your physical identity. Instead they have to deal with the facts of the controversy rather than the actors that are involved in it. Lee: What about for people who are, like, in a repressive regime and are trying to … Snowden: Use Tor. Lee: Use Tor? Snowden: If you’re not using Tor you’re doing it wrong. Now, there is a counterpoint here where the use of privacy-enhancing technologies in certain areas can actually single you out for additional surveillance through the exercise of repressive measures. This is why it’s so critical for developers who are working on security-enhancing tools to not make their protocols stand out.
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    Lots more in the interview that I didn't highlight. This is a must-read.
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Profit Prisons - Inmates Charged for Jail Stay, Left Buried in Debt When they Get Out -... - 0 views

  • Did you know that people who end up in prison for a variety of different reasons have a very good chance of being charged a fee for every day that they stay behind bars as if they were voluntarily staying at a hotel? According to a new ACLU report, this is exactly what is happening all across the United States, in select prisons where these policies have been enacted. The BBC reported that roughly 10 million people in the United States owe a combined total of over $10 billion in “pay-to-stay” prison debt. Obviously, these fees can make a bad situation even worse for people who are serving time for petty crimes, especially considering that most of the people who do end up behind bars come from lives of poverty to begin with. Now, when many of these inmates are released from prison they are unable to get back on their feet due to this crippling debt. Some people who have been arrested for petty offenses, many drug-related, are released from jail with tens of thousands of dollars worth of debt that make it near impossible for them to rebuild their lives.
  • This week, the ACLU has released one of the first comprehensive reports on the “pay-to-stay” policies that have been implemented at prisons around the country. Mike Brickner of the ACLU told the BBC that these policies are destructive to people who come from lives of poverty, and to make matters worse they don’t even work. “We’re hearing from people who are claiming this is going on their credit scores and preventing them from doing all sorts of things. They simply don’t work. People are coming out of jail with hundreds or thousands of dollars’ worth of debt, and if you are a returning citizen, having that is just another albatross around your neck. It’s a program that maybe feels good to people who have a tough on crime mentality, but, in fact, it’s sort of a fruitless exercise,” Brickner said. Even supporters of the program have admitted that it doesn’t bring in enough money to justify its existence. Dale Osborne, a jail administrator from the state of Ohio where 40 out of 75 jails have pay-to-stay policies, has defended the program, but admits that it is a failure and that he would not really miss it. “It offsets the expenses that the taxpayers are required to have. The more revenue I can generate within a facility, the less the taxpayers have to pay,” he said, adding that “If we lost the ability to have a pay-for-stay program here I’m not going to have any huge heartache over the loss of it.” While it may not be a huge advantage to the prisons, this program is a massive disadvantage for former prisoners who are attempting to re-enter society.
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PoppyLeaks, Part 1 - WhoWhatWhy - 0 views

  • The Story of Bush 41 the Establishment Won’t Publish
  • A particular memo caught his eye, and he leaned in for a closer look. Practically jumping off the screen was a memorandum from FBI director J. Edgar Hoover, dated November 29, 1963. Under the subject heading “Assassination of President John F. Kennedy,” Hoover reported that, on the day after JFK’s murder, the bureau had provided two individuals with briefings. One was “Captain William Edwards of the Defense Intelligence Agency.” The other: “Mr. George Bush of the Central Intelligence Agency.”
  • McBride shook his head. George H.W. Bush? In the CIA in 1963? Dealing with Cubans and the JFK assassination? Could this be the same man who was now vice president of the United States? Even when Bush was named CIA director in 1976 amid much agency-bashing, his primary asset had been the fact that he was not a part of the agency during the coups, attempted coups, and murder plots in Iran, Cuba, Chile, and other hot spots about which embarrassing information was being disclosed every day in Senate hearings.
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  • Bush served at the CIA for one year, from early 1976 to early 1977. He worked quietly to reverse the Watergate-era reforms of CIA practices, moving as many operations as possible offshore and beyond accountability. Although a short stint, it nevertheless created an image problem in 1980 when Bush ran unsuccessfully for the Republican presidential nomination against former California governor Ronald Reagan. Some critics warned of the dangerous precedent in elevating someone who had led the CIA, with its legacy of dark secrets and covert plots, blackmail and murder, to preside over the United States government.
  •  George H.W. Bush: Spy from the age of 18 Almost a decade would pass between Bush’s election in 1988 and the declassification and release in 1996 of another government document that shed further light on the matter. This declassified document would help to answer some of the questions raised by the ’63 Hoover memo — questions such as, “If George Herbert Walker Bush was already connected with the CIA in 1963, how far back did the relationship go?”But yet another decade would pass before this second document would be found, read, and revealed to the public. Fast-forward to December 2006, on a day when JFK researcher Jerry Shinley sat, as he did on so many days, glued to his computer, browsing through the digitized database of documents on the Web site of the Mary Ferrell Foundation.On that December day, Shinley came upon an internal CIA memo that mentioned George H.W. Bush [the Bush designated Director of Central Intelligence (DCI)]. Dated November 29, 1975, it reported, in typically spare terms, the revelation that the man who was about to become the head of the CIA actually had prior ties to the agency. And the connection discussed here, unlike that unearthed by McBride, went back not to 1963, but to 1953 — a full decade earlier. Writing to the chief of the spy section of the analysis and espionage agency, the chief of the “cover and commercial staff” noted:
  • Through Mr. Gale Allen … I learned that Mr. George Bush, DCI designate has prior knowledge of the now terminated project WUBRINY/LPDICTUM which was involved in proprietary commercial operations in Europe. He became aware of this project through Mr. Thomas J. Devine, a former CIA Staff Employee and later, oil-wildcatting associate with Mr. Bush. Their joint activities culminated in the establishment of Zapata Oil [sic] [in 1953] which they eventually sold. After the sale of Zapata Oil, Mr. Bush went into politics, and Mr. Devine became a member of the investment firm of Train, Cabot and Associates, New York … The attached memorandum describes the close relationship between Messrs. Devine and Bush in 1967-1968 which, according to Mr. Allen, continued while Mr. Bush was our ambassador to the United Nations.In typical fashion for the highly compartmentalized and secretive intelligence organization, the memo did not make clear how Bush knew Devine, or whether Devine was simply dropping out of the spy business to become a true entrepreneur. For Devine, who would have been about twenty-seven years old at the time, to “resign” at such a young age, so soon after the CIA had spent a great deal of time and money training him was, at minimum, highly unusual. It would turn out, however, that Devine had a special relationship allowing him to come and go from the agency, enabling him to do other things without really leaving its employ. In fact, CIA history is littered with instances where CIA officers have tendered their “resignation” as a means of creating deniability while continuing to work closely with the agency …
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Classified Report on the C.I.A.'s Secret Prisons Is Caught in Limbo - The New York Times - 0 views

  • A Senate security officer stepped out of the December chill last year and delivered envelopes marked “Top Secret” to the Pentagon, the C.I.A., the State Department and the Justice Department. Inside each packet was a disc containing a 6,700-page classified report on the C.I.A.’s secret prison program and a letter from Senator Dianne Feinstein, urging officials to read the report to ensure that the lessons were not lost to time. Today, those discs sit untouched in vaults across Washington, still in their original envelopes. The F.B.I. has not retrieved a copy held for it in the Justice Department’s safe. State Department officials, who locked up their copy and marked it “Congressional Record — Do Not Open, Do Not Access” as soon as it arrived, have not read it either. Continue reading the main story Related Coverage document The Senate Committee’s Report on the C.I.A.’s Use of TortureDEC. 9, 2014 Panel Faults C.I.A. Over Brutality and Deceit in Terrorism InterrogationsDEC. 9, 2014 Senate Votes to Turn Presidential Ban on Torture Into LawJUNE 16, 2015 Outside Psychologists Shielded U.S. Torture Program, Report FindsJULY 10, 2015 Nearly a year after the Senate released a declassified 500-page summary of the report, the fate of the entire document remains in limbo, the subject of battles in the courts and in Congress. Until those disputes are resolved, the Justice Department has prohibited officials from the government agencies that possess it from even opening the report, effectively keeping the people in charge of America’s counterterrorism future from reading about its past. There is also the possibility that the documents could remain locked in a Senate vault for good.
  • In a letter to Attorney General Loretta E. Lynch last week, Ms. Feinstein, a California Democrat, said the Justice Department was preventing the government from “learning from the mistakes of the past to ensure that they are not repeated.”Although Ms. Feinstein is eager to see the document circulated, the Senate is now under Republican control. Her successor as head of the Intelligence Committee, Senator Richard M. Burr of North Carolina, has demanded that the Obama administration return every copy of the report. Mr. Burr has declared the report to be nothing more than “a footnote in history.”It was always clear that the full report would remain shielded from public view for years, if not decades. But Mr. Burr’s demand, which means that even officials with top security clearances might never read it, has reminded some officials of the final scene of “Raiders of the Lost Ark,” when the Ark of the Covenant is put into a wooden crate alongside thousands of others in a government warehouse of secrets.
  • The full report is not expected to offer evidence of previously undisclosed interrogation techniques, but the interrogation sessions are said to be described in great detail. The report explains the origins of the program and names the officials involved. The full report also offers details on the role of each agency in the secret prison program.The Justice Department, which played a central role in approving the interrogation methods, has even prohibited its own officials from reading the full report.“The Department of Justice was among those parts of the executive branch that were misled about the program, and D.O.J. officials’ understanding of this history is critical to its institutional role going forward,” Ms. Feinstein wrote to the Justice Department last week in a letter she signed with Senator Patrick J. Leahy of Vermont, the top Democrat on the Judiciary Committee.In court, Justice Department lawyers have agreed with Mr. Burr’s contention that the document belongs to Congress. As evidence, they point to an agreement between the C.I.A. and the Senate as the Intelligence Committee began its lengthy investigation. The Senate was under Democratic control at the time.
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  • The American Civil Liberties Union has sued the C.I.A. for access to the document, and at this point the case hinges on who owns it. Senate documents are exempt from public records laws, but executive branch records are not. In May, a federal judge ruled that even though Ms. Feinstein distributed the report to the executive branch, the document still belongs to Congress. That decision is under appeal, with court papers due this month.Justice Department officials defend their stance, saying that handling the document at all could influence the outcome of the lawsuit. They said that a State Department official who opened the report, read it and summarized it could lead a judge to determine that the document was an executive branch record, altering the lawsuit’s outcome. The Justice Department has also promised not to return the records to Mr. Burr until a judge settles the matter.“It’s quite bizarre, and I cannot think of a precedent,” said Steven Aftergood, the director of the Project on Government Secrecy at the Federation of American Scientists. He said there are any number of classified Senate documents that are shared with intelligence agencies and remain as congressional records, even if they are read by members of the executive branch.
  • The agreement says that any “documents, draft and final recommendations, reports or other materials” generated during the investigation are congressional documents. “As such these records are not C.I.A. records under the Freedom of Information Act,” the agreement says.The A.C.L.U. argues that agreement was void once Ms. Feinstein sent the report to the government agencies. Because she clearly intended the executive branch to use the report, the A.C.L.U. contends, the committee gave up control of the document.If Mr. Burr were to succeed in getting copies of the report returned to the Intelligence Committee, Mr. Aftergood said, he could slowly make it irrelevant.“The longer that it’s buried, the less relevant it becomes,” he said.
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    If it is ultimately found that the report is an Executive Branch record, then the FOIA requires disclosure of all "segregable portions" that are not properly classified.  
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With US Backing, France Launches Bombing Campaign in Syria | Global Research - Centre f... - 0 views

  • The G-20 summit of world political leaders being held in Turkey to discuss the economic issues impacting on the world economy has been turned into a council of war. The major imperialist powers are moving rapidly to escalate their military intervention in Syria in the wake of Friday night’s terror attack in Paris. Yesterday evening French fighter jets carried out their biggest raid on Syria. It was launched simultaneously from the United Arab Emirates and Jordan, dropping 20 bombs on the Syrian city of Raqqa, reportedly targeting an Islamic State in Iraq and Syria (ISIS) command centre, a munitions depot and a training camp. The operation was carried out in coordination with US forces. Earlier, Ben Rhodes, the US deputy national security adviser, said he was confident that in the “coming days and weeks” the US and France would “intensify our strikes against [ISIS] … to make clear there is no safe haven for these terrorists.” Speaking on NBC’s “Meet the Press,” Rhodes said there would be an “intensification” of US military efforts and “what we are doing here at the G-20 is seeking to gain additional contributions from some of our partners so we can bring more force to bear on that effort.”
  • Demands are being brought forward from within the American military and political establishment for a major escalation in US action, regardless of the consequences. Texas Senator Ted Cruz, a Republican candidate for president, said that ISIS would “not be deterred by targeted air strikes with zero tolerance for civilian casualties, when the terrorists have such utter disregard for innocent life.” His call for vastly stepped-up US military action, without any regard for the consequences for the civilian population already devastated by the US-inspired civil war, were echoed by California Democrat, Dianne Feinstein, who sits on the Senate Intelligence Committee. “It has become clear,” Feinstein said, “that limited air strikes and support for Iraqi forces and the Syrian opposition are not sufficient to protect our country and our allies.” Retired Navy admiral John Stavridis, who served as NATO’s top commander in Europe from 2009 to 2013, called for direct NATO intervention in Syria and Iraq. “Soft power and playing the long game matter in the Middle East, but there is a time for the ruthless application of hard power. This is that time, and NATO should respond militarily against the Islamic State with vigor,” Stavridis said.
  • The subsequent discussions between Obama and Putin at the G-20 were held as part of the US objective of sidelining, if not completely removing, Russian support for the Syrian regime of president Bashar al-Assad. Under the agreement, following a ceasefire, a process would be set in motion to establish “inclusive and non-sectarian” governance, the drafting of a new constitution and the holding of elections under UN supervision within 18 months. However, the crucial sticking point remains the future of Assad. In an interview on the eve of the G-20 summit, Putin said other nations had no right to demand that Assad leave office and that “only those who believe in their exceptionality [a thinly-veiled reference to the US] allow themselves to act in such a manner and impose their will on others.” The US has been waging a campaign since 2011 for the overturn of the Assad government as part of its regime-change operations in the Middle East, in order to bring the region under its control. Russia has backed Assad in order to protect its strategic interests in the region, including a naval facility in Syria. The US has made clear that as far as it is concerned there can be no resolution without Assad’s ouster—a position repeated by Obama’s National Security Adviser Susan Rice. She said a “transition regime” had to come to power “and it’s very hard to envision how that could be accomplished with Assad still in power.”
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  • These remarks make clear that while the stepped up military offensive is being conducted under the banner of a “war” against ISIS, the real target is the Assad regime, which both the US and France want to see overturned. Other imperialist powers are also preparing to intervene. British Prime Minister David Cameron indicated his intention to seek parliamentary backing for the US of British forces. The UK refused to back the US in August–September 2013 over plans to attack Syria, causing Obama to pull back and accept a Russian intervention to destroy Syrian chemical weapons. “It’s becoming even more clear that our safety and security depends on degrading and ultimately destroying Isil [ISIS] whether it’s in Iraq or Syria,” Cameron said. Following the talks with Obama at the G-20, a spokesman for Putin said that, while it was too early to speak of a rapprochement, there was need for “unity” in the fight against terror. This was met with what the Financial Times described as “thinly disguised scorn” on the part of EU Council President Donald Tusk. “We need not only more co-operation but also more goodwill, especially from Russian action on the ground in Syria. It must be focused more on Islamic state and not … against the moderate Syrian opposition,” he said.
  • The “moderate Syrian opposition” is a mythical being created by imperialist politicians and a compliant media. The forces opposed to the Assad regime are dominated by groups such as Al Nusra, spawned by Al Qaeda, from which ISIS also developed. The fictional character of the so-called “moderates” was exposed earlier this year when it was revealed that, despite an expenditure of millions of dollars for the purpose of military training, the US was only able to find four or five people who could fall into that category. The Paris terror attack is a terrible blow-back consequence of US operations in the Middle East. The statements emanating from imperialist world leaders and the discussions at the G-20 make clear that terror attacks resulting from yesterday’s crimes are rapidly being employed for the commission of new ones.
  •  
    Looking more and more like Paris was a false flag to justify NATO intervention in Syria.
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Brazil Refuses Israeli Settler as Diplomatic Envoy - International Middle East Media Ce... - 0 views

  • Brazil’s reluctance to accept an Israeli ambassador who is a West Bank colonist has set off a diplomatic crisis and led to concerns in the Israeli government that the clash could encourage pro-Palestinian activism against it.
  • The appointment four months ago of Dani Dayan, a former head of the Jewish colony movement, did not go down well with Brazil’s left-leaning government, which has supported Palestinian statehood in recent years. Most world powers deem the "Jews-only" colonies on Palestinian land as illegal. The regime’s previous ambassador, Reda Mansour, left Brasilia last week and the Israeli government said on Sunday that Brazil risked degrading bilateral relations if Dayan was not allowed to succeed him. “Israel will leave the level of diplomatic relations with Brazil at the secondary level if the appointment of Dani Dayan is not confirmed,” Deputy Foreign Minister Tzipi Hotovely told Israel’s Channel 10 TV, saying Dayan would remain the sole nominee. She said Israel would lobby Brasilia through the Brazilian Jewish community, confidants of President Dilma Rousseff and direct appeals from Prime Minister Benjamin Netanyahu.
  • Brazilian government officials declined to comment on whether Rousseff will accept the nomination of the Argentine-born Dayan. But one senior Foreign Ministry official said: “I do not see that happening.”
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  • The official, who asked not to be named because he was not authorised to speak on the matter, said Israel would have to choose a different envoy because the choice of Dayan has further worsened relations that turned sour in 2010 when Brazil decided to recognise Palestinian statehood in the West Bank, East Jerusalem, and the Gaza Strip, which Israel occupied in a 1967 war and colonised. Israel quit Gaza in 2005 but claims occupied Jerusalem as its “indivisible capital” and wants to keep swathes of West Bank colonies under any eventual peace deal with the Palestinians.
  • Brazil’s government was also angered by the announcement of Dayan’s appointment by Netanyahu in a Twitter message on August 5 before Brasilia had been informed, let alone agreed to the new envoy as is the diplomatic norm. Over the weekend, Dayan went on the offensive to defend his nomination, telling Israeli media that Netanyahu’s government was not doing enough to press Brazil to accept him. Dayan said not doing so could create a precedent barring colonists from representing Israel abroad.
  • Israel has a considerable role in providing avionics technology for Brazil’s aerospace and defense industry. Celso Amorim, a former Brazilian foreign and defence minister, said on Friday that the diplomatic dispute over Dayan’s appointment showed that “it is time the Brazilian armed forces reduced their dependence on Israel.”
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Risking World War III in Syria | Consortiumnews - 0 views

  • Risking World War III in Syria February 6, 2016 Exclusive: After Saudi-backed Syrian rebels balked at peace talks and the Russian-backed Syrian army cut off Turkish supply lines to jihadists and other Syrian rebels, the U.S. and its Mideast Sunni “allies” appear poised to invade Syria and force “regime change” even at the risk of fighting Russia, a gamble with nuclear war, writes Joe Lauria.By Joe LauriaDefense Secretary Ashton Carter last October said in a little noticed comment that the United States was ready to take “direct action on the ground” in Syria. Vice President Joe Biden said in Istanbul last month that if peace talks in Geneva failed, the United States was prepared for a “military solution” in that country.The peace talks collapsed on Wednesday even before they began. A day later Saudi Arabia said it is ready to invade Syria while Turkey is building up forces at its Syrian border.
  • The U.N. aims to restart the talks on Feb. 25 but there is little hope they can begin in earnest as the Saudi-run opposition has set numerous conditions. The most important is that Russia stop its military operation in support of the Syrian government, which has been making serious gains on the ground.A day after the talks collapsed, it was revealed that Turkey has begun preparations for an invasion of Syria, according to the Russian Defense Ministry. On Thursday, ministry spokesman Igor Konashenkov said: “We have good reasons to believe that Turkey is actively preparing for a military invasion of a sovereign state – the Syrian Arab Republic. We’re detecting more and more signs of Turkish armed forces being engaged in covert preparations for direct military actions in Syria.” The U.N. and the State Department had no comment. But this intelligence was supported by a sound of alarm from Turkey’s main opposition party, the Republican People’s Party (CHP).
  • Turkey, which has restarted its war against Kurdish PKK guerillas inside Turkey, is determined to crush the emergence of an independent Kurdish state inside Syria as well. Turkish strongman Recep Tayyip Erdogan stopped the Syrian Kurds from attending the aborted Geneva talks.A Turkish invasion would appear poised to attack the Syrian Kurdish PYD party, which is allied with the PKK. The Syrian (and Iraqi) Kurds, with the Syrian army, are the main ground forces fighting the Islamic State. Turkey is pretending to fight ISIS, all the while actually supporting its quest to overthrow Assad, also a Turkish goal.Saudi Arabia then said on Thursday it was prepared to send its ground forces into Syria if asked. Carter welcomed it. Of course Biden, Erdogan, Carter and the Saudis are all saying a ground invasion would fight ISIS. But their war against ISIS has been half-hearted at best and they share ISIS’ same enemy: Syrian President Bashar al-Assad. If the U.S. were serious about fighting ISIS it would have at least considered a proposal by Russia to join a coalition as the U.S. did against the Nazis.
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  • The excuse of the Geneva collapse is a ruse. There was little optimism the talks would succeed. The real reason for the coming showdown in Syria is the success of Russia’s military intervention in defense of the Syrian government against the Islamic State and other extremist groups. Many of these groups are supported by Saudi Arabia, Turkey and the United States in pursuit of overthrowing Assad.These three nations are all apparently poised for a ground invasion of Syria just as, by no coincidence, the Syrian Arab Army with Russian air cover is pushing to liberate perhaps the greatest prize in the Syrian civil war — Aleppo, the country’s commercial capital. The Russians and Syrians have already cut off Turkey’s supply lines to rebels in the city.On Saturday, Bahrain and the United Arab Emirates joined the Saudis in saying they would intervene only as part of a U.S.-led ground invasion. The Obama administration has maintained that it would not send U.S. ground forces into Syria, beyond a few hundred special forces. But these U.S. allies, driven by fierce regional ambitions, appear to be putting immense pressure on the Obama administration to decide if it is prepared to lose Syria. Though Carter said he welcomed the Saudi declaration he made no commitment about U.S. ground forces. But Saudi Brigadier General Ahmed Asseri told al-Arabiya TV that a decision could be made to intervene at a NATO summit in Brussels next week. Carter said the matter would be on the agenda.
  • The U.S. cannot likely stand by and watch Russia win in Syria. At the very least it wants to be on the ground to meet them at a modern-day Elbe and influence the outcome.But things could go wrong in a war in which the U.S. and Russia are not allies, as they were in World War II. Despite this, the U.S. and its allies see Syria as important enough to risk confrontation with Russia, with all that implies. It is not at all clear though what the U.S. interests are in Syria to take such a risk.
  • As a fertile crossroad between Asia and Africa backed by desert, Syrian territory has been fought over for centuries. Pharaoh Ramses II defeated the Hittites at the Battle of Kadesh near Lake Homs in 1247 BCE. The Persians conquered Syria in 538 BCE. Alexander the Great took it 200 years later and the Romans grabbed Syria in 64 BCE.Islam defeated the Byzantine Empire there at the Battle of Yarmuk in 636. In one of the first Shia-Sunni battles, Ali failed to defeat Muawiyah in 657 at Siffin along the Euphrates near the Iraq-Syria border. Damascus became the seat of the Caliphate until a coup in 750 moved it to Baghdad.Waves of Crusaders next invaded Syria beginning in 1098. Egyptian Mamluks took the country in 1250 and the Ottoman Empire began in 1516 at its victory at Marj Dabik, 44 kilometers north of Aleppo — about where Turkish supplies are now being cut off. France double-crossed the Arabs and gained control of Syria in 1922 after the Ottoman collapse. The Nazis were pushed out in the momentous 1941 Battle of Damascus.We may be now looking at an epic war with similar historical significance. All these previous battles, as momentous as they were, were regional in nature.
  • What we are potentially facing is a war that goes beyond the Soviet-U.S. proxy wars of the Cold War era, and beyond the proxy war that has so far taken place in the five-year Syrian civil war. Russia is already present in Syria. The entry of the United States and its allies would risk a direct confrontation between the two largest nuclear powers on earth.
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Russia to deliver S-300 missile systems to Iran in nearest time: RIA | Reuters - 0 views

  • Russian will start the delivery of S-300 air defense missile systems to Iran in "the nearest time", RIA news agency quoted Russia's Foreign Ministry as saying on Monday.The Islamic Republic is also displaying interest in buying more advanced, S-400 missile systems, but no negotiations are being conducted at the moment on this matter, the agency reported.
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Repeating 'neutrality' vow on Israel, Trump surely senses shift in US mood - 0 views

  • Donald Trump has doubled down on his statement at a town hall last week that he aims to be neutral in his comments on the Israel/Palestine conflict so as not to injure his ability as president to negotiate a deal between the parties. On Meet the Press yesterday he pointedly did not buy into the Republican “orthodoxy” on Israel, saying he’s very pro-Israel but peace there is the “ultimate deal” and he wasn’t going to prejudice matters.
  • Trump surely senses that he can gain by exhibiting independence of the Israel lobby. Here are some other straws in the wind: –A new poll shows that the number of Americans holding a favorable view of Israel has declined 16 percent in the last year, to 59 percent. And in the same interval those holding a favorable view of the Palestinians has surged 42 percent, to 25 percent, and even Iran has had an image-makeover, with 16 percent of Americans regarding the country favorably, up considerably. Grant Smith of the Institute for Research: Middle Eastern Policy says the data reveal “a stunning turn in U.S. public opinion.” –The MSM are reflecting the thaw. Last week Newsweek ran a defiant piece by Hanin Zoabi, the Palestinian Israeli legislator who has been suspended from the Knesset as a troublemaker, explaining Palestinian violence as a response to occupation and discrimination. Boldly titled, “Why Israel Is Fighting the Indigenous Palestinians,” it included these lines: “The occupier does not have the right to self-defense. We, the occupied, have the full and only right to fight it, by all means recognized within the framework of international law.”
  • I throw in these stray facts to say that American public opinion is changing (as is Jewish opinion) and there is political hay to be made of the changes. Donald Trump surely senses this, in his populist campaign. And so he is preparing to run against Marco Rubio by saying that Rubio is Sheldon Adelson’s “perfect little puppet”, and preparing to set up a general election campaign against Hillary Clinton in which he can call out her beholdenness to the billionaire Haim Saban. In his reissued autobiography of last fall, Bernie Sanders refers with disdain to Sheldon Adelson and the “Adelson primary” on the very first page. But that’s the last we hear of it: Adelson, who is in bed with Hillary Clinton’s good friend Haim Saban. Sanders is ignoring a populist political opportunity that Donald Trump has seized upon. Go figure
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Guide to the Presidential Candidates' National Security Positions | Just Security - 0 views

  • Last spring, we launched the first version of Just Security’s guide to the 2016 presidential candidates’ positions on national security matters. We’re relaunching that guide below with interactive features designed to make it easier use. For this version of the guide, we’re focusing on candidates who, according to Five Thirty-Eight’s forecasts, have a better than 10 percent chance of winning a primary. As a result, this version includes Hillary Clinton, Ted Cruz, Marco Rubio, Bernie Sanders, and Donald Trump. As the field shifts over the coming weeks, we may add or remove candidates from this list. We’ll also be periodically updating the information about the candidates’ positions as they wind their way through primary season and move into the general election. This guide features sources for each summary and, whenever possible, cites official government websites or the candidates’ websites. In our research, we relied on their own statements and records rather than commentary on the candidates’ positions.
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Turkey has the right to conduct operations in Syria, elsewhere to combat terr... - 0 views

  • Turkey has the right to conduct operations not only in Syria but also any other place in which there are terrorist organizations that target Turkey, said President Recep Tayyip Erdoğan. “Turkey has every right to conduct operations in Syria and the places where terror organizations are nested with regards to the struggle against the threats that Turkey faces,” Erdoğan said Feb. 20,
  • Erdoğan’s remarks came one day after he and U.S. President Barack Obama talked on the phone for more than an hour regarding the latest developments in Syria and Turkey. During his address on Feb. 20, Erdoğan said the situation had “absolutely nothing to do with the sovereignty rights of the states that cannot take control of their territorial integrity.”“On the contrary, this has to do with the will Turkey shows to protect its sovereignty rights,” he said. “We except attitudes to prevent our country’s right [to self-defense] directly as an initiative against Turkey’s entity – no matter where it comes from.” Erdoğan said the point Turkey has reached is a place of self-defense and that no one had the right to restrict that right.“The place where we have come is a point of self-defense. No one can restrict Turkey’s right to self-defense in the face of terror acts that have targeted Turkey; they cannot prevent [Turkey] from using it,” Erdoğan said.
  • Turkey has been shelling targets belonging to the People’s Protection Units (YPG), the military wing of the Democratic Union Party (PYD), which Turkey sees as a terrorist organization due to its links to the outlawed Kurdistan Workers’ Party (PKK), in Syria since Feb. 13. Turkey and the U.S. differ on the designation of the PYD and YPG and relations between the two NATO allies have been tense for more than a month. While Turkey regards the two groups as a terrorist organization, the U.S. sees the PYD and YPG as an important partner in its fight against the Islamic State of Iraq and the Levant (ISIL) in Syria. “Turkey will use its right to expand its rules of engagement beyond [responding to] actual attacks against it and to encompass all terror threats, including PYD and Daesh in particular,” Erdoğan said, using the Arabic acronym for ISIL. His remarks came after a suicide bomb attack in the Turkish capital Ankara killed 28 people and wounded 61 others on Feb. 17.        The Turkish government stated that the Ankara attack was carried out jointly by a YPG member – a Syrian national identified as 1992-born Salih Neccar – and PKK members. The YPG denied the attack, while the Kurdistan Freedom Hawks (TAK) claimed the attack, saying it was carried out by an operative named Abdülbaki Sönmez.
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  • Erdoğan said that while Turkey was defending itself, they would treat anyone that stands in Turkey’s way as a “terrorist and treat them accordingly.”“I especially want this to be known this way,” he added. Erdoğan also lashed out at countries where similar terror attacks have taken place, criticizing them for severely reacting to the attacks when it was their country at stake but “preaching only patience and resoluteness” when it comes to Turkey. This is “disingenuous,” Erdoğan said.
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Turkey could cut off Islamic State's supply lines. So why doesn't it? | David Graeber |... - 0 views

  • n the wake of the murderous attacks in Paris, we can expect western heads of state to do what they always do in such circumstances: declare total and unremitting war on those who brought it about. They don’t actually mean it. They’ve had the means to uproot and destroy Islamic State within their hands for over a year now. They’ve simply refused to make use of it. In fact, as the world watched leaders making statements of implacable resolve at the G20 summit in Antalaya, these same leaders are hobnobbing with Turkey’s president Recep Tayyip Erdoğan, a man whose tacit political, economic, and even military support contributed to Isis’s ability to perpetrate the atrocities in Paris, not to mention an endless stream of atrocities inside the Middle East.
  • How could Isis be eliminated? In the region, everyone knows. All it would really take would be to unleash the largely Kurdish forces of the YPG (Democratic Union party) in Syria, and PKK (Kurdistan Workers’ party) guerillas in Iraq and Turkey. These are, currently, the main forces actually fighting Isis on the ground. They have proved extraordinarily militarily effective and oppose every aspect of Isis’s reactionary ideology. But instead, YPG-controlled territory in Syria finds itself placed under a total embargo by Turkey, and PKK forces are under continual bombardment by the Turkish air force. Not only has Erdoğan done almost everything he can to cripple the forces actually fighting Isis; there is considerable evidence that his government has been at least tacitly aiding Isis itself. It might seem outrageous to suggest that a Nato member like Turkey would in any way support an organisation that murders western civilians in cold blood. That would be like a Nato member supporting al-Qaida. But in fact there is reason to believe that Erdoğan’s government does support the Syrian branch of al-Qaida (Jabhat al-Nusra) too, along with any number of other rebel groups that share its conservative Islamist ideology. The Institute for the Study of Human Rights at Columbia University has compiled a long list of evidence of Turkish support for Isis in Syria.
  • And then there are Erdoğan’s actual, stated positions. Back in August, the YPG, fresh from their victories in Kobani and Gire Spi, were poised to seize Jarablus, the last Isis-held town on the Turkish border that the terror organisation had been using to resupply its capital in Raqqa with weapons, materials, and recruits – Isis supply lines pass directly through Turkey. Commentators predicted that with Jarablus gone, Raqqa would soon follow. Erdoğan reacted by declaring Jarablus a “red line”: if the Kurds attacked, his forces would intervene militarily – against the YPG. So Jarablus remains in terrorist hands to this day, under de facto Turkish military protection.
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  • How has Erdoğan got away with this? Mainly by claiming those fighting Isis are “terrorists” themselves. It is true that the PKK did fight a sometimes ugly guerilla war with Turkey in the 1990s, which resulted in it being placed on the international terror list. For the last 10 years, however, it has completely shifted strategy, renouncing separatism and adopting a strict policy of never harming civilians. The PKK was responsible for rescuing thousands of Yazidi civilians threatened with genocide by Isis in 2014, and its sister organisation, the YPG, of protecting Christian communities in Syria as well. Their strategy focuses on pursuing peace talks with the government, while encouraging local democratic autonomy in Kurdish areas under the aegis of the HDP, originally a nationalist political party, which has reinvented itself as a voice of a pan-Turkish democratic left.
  • They have proved extraordinarily militarily effective and with their embrace of grassroots democracy and women’s rights, oppose every aspect of Isis’ reactionary ideology. In June, HDP success at the polls denied Erdoğan his parliamentary majority. Erdoğan’s response was ingenious. He called for new elections, declared he was “going to war” with Isis, made one token symbolic attack on them and then proceeded to unleash the full force of his military against PKK forces in Turkey and Iraq, while denouncing the HDP as “terrorist supporters” for their association with them. There followed a series of increasingly bloody terrorist bombings inside Turkey – in the cities of Diyarbakir, Suruc, and, finally, Ankara – attacks attributed to Isis but which, for some mysterious reason, only ever seemed to target civilian activists associated with the HDP. Victims have repeatedly reported police preventing ambulances evacuating the wounded, or even opening fire on survivors with tear gas.
  • As a result, the HDP gave up even holding political rallies in the weeks leading up to new elections in November for fear of mass murder, and enough HDP voters failed to show up at the polls that Erdoğan’s party secured a majority in parliament. The exact relationship between Erdoğan’s government and Isis may be subject to debate; but of some things we can be relatively certain. Had Turkey placed the same kind of absolute blockade on Isis territories as they did on Kurdish-held parts of Syria, let alone shown the same sort of “benign neglect” towards the PKK and YPG that they have been offering to Isis, that blood-stained “caliphate” would long since have collapsed – and arguably, the Paris attacks may never have happened. And if Turkey were to do the same today, Isis would probably collapse in a matter of months. Yet, has a single western leader called on Erdoğan to do this? The next time you hear one of those politicians declaring the need to crack down on civil liberties or immigrant rights because of the need for absolute “war” against terrorism bear all this in mind. Their resolve is exactly as “absolute” as it is politically convenient. Turkey, after all, is a “strategic ally”. So after their declaration, they are likely to head off to share a friendly cup of tea with the very man who makes it possible for Isis to continue to exist.
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After 30 Years in Prison, Jonathan Pollard to Be Freed - but Not to Israel - The New Yo... - 0 views

  • Jonathan J. Pollard, the American convicted of spying on behalf of Israel, will walk out of prison on Friday after 30 years, but the Obama administration has no plans to let him leave the country and move to Israel as he has requested. Mr. Pollard, who as a Navy intelligence analyst passed classified documents to Israeli handlers, was due to be released from a federal prison in Butner, N.C., after receiving parole on a life sentence, ending a long imprisonment that has been a constant irritant in relations between the United States and Israel.Under federal parole rules, Mr. Pollard cannot leave the country without permission for at least five years. But his wife, Esther, lives in Israel and he has asked to be reunited with her there. Prime Minister Benjamin Netanyahu of Israel personally raised the request in a meeting with President Obama earlier this month, but the president was unmoved, according to American officials and the Israeli news media.
  • But the White House has said it would not intervene in the matter. Senior administration officials said on Thursday that the Justice Department was not considering Mr. Pollard’s request and had no plans to consider it. Administration officials have been loath to appear to grant Mr. Pollard special consideration in the face of strong opposition by intelligence agencies that call his actions a grievous betrayal of national security.“They don’t want to make it look like they were being too lenient,” said Joseph E. diGenova, the former United States attorney who prosecuted Mr. Pollard. If Mr. Pollard were allowed to go to Israel, where his case has been a cause célèbre for years, Mr. diGenova said there would be a “parade” and “events just rubbing it in the United States’ face.”The Israeli news media reported that Mr. Netanyahu and supporters of Mr. Pollard were discouraging public signs of celebration at his release to avoid antagonizing Washington. Supporters said it was churlish to deny Mr. Pollard the chance to leave the country now that he has completed his sentence.
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US Congresswoman Introduces Bill To Stop "Illegal" War On Assad; Says CIA Ops Must Stop... - 0 views

  • That was before Paris.  Well, in the wake of the attacks, Gabbard has apparently had just about enough of Washington vacillating in the fight against terror just so the US can ensure that ISIS continues to destabilize Assad and now, with bi-partisan support, the brazen Hawaii Democrat has introduced legislation to end the "illegal war" to overthrow Assad.  Gabbard, who fought in Iraq - twice - has partnered with Republican Adam Scott on the bill. Here's AP:  In an unusual alliance, a House Democrat and Republican have teamed up to urge the Obama administration to stop trying to overthrow Syrian President Bashar Assad and focus all its efforts on destroying Islamic State militants.   Reps. Tulsi Gabbard, a Democrat, and Austin Scott, a Republican, introduced legislation on Friday to end what they called an "illegal war" to overthrow Assad, the leader of Syria accused of killing tens of thousands of Syrian citizens in a more than four-year-old civil war entangled in a battle against IS extremists, also known as ISIS.   "The U.S. is waging two wars in Syria," Gabbard said. "The first is the war against ISIS and other Islamic extremists, which Congress authorized after the terrorist attack on 9/11. The second war is the illegal war to overthrow the Syrian government of Assad."
  • Last month, US Congresswoman Tulsi Gabbard went on CNN and laid bare Washington’s Syria strategy.  In a remarkably candid interview with Wolf Blitzer, Gabbard calls Washington’s effort to oust Assad “counterproductive” and “illegal” before taking it a step further and accusing the CIA of arming the very same terrorists who The White House insists are "sworn enemies.”  In short, Gabbard all but tells the American public that the government is lying to them and may end up inadvertently starting “World War III.” For those who missed it, here’s the clip:
  • Last month, US Congresswoman Tulsi Gabbard went on CNN and laid bare Washington’s Syria strategy.  In a remarkably candid interview with Wolf Blitzer, Gabbard calls Washington’s effort to oust Assad “counterproductive” and “illegal” before taking it a step further and accusing the CIA of arming the very same terrorists who The White House insists are "sworn enemies.”  In short, Gabbard all but tells the American public that the government is lying to them and may end up inadvertently starting “World War III.” For those who missed it, here’s the clip:
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  • That was before Paris.  Well, in the wake of the attacks, Gabbard has apparently had just about enough of Washington vacillating in the fight against terror just so the US can ensure that ISIS continues to destabilize Assad and now, with bi-partisan support, the brazen Hawaii Democrat has introduced legislation to end the "illegal war" to overthrow Assad.  Gabbard, who fought in Iraq - twice - has partnered with Republican Adam Scott on the bill. Here's AP:  In an unusual alliance, a House Democrat and Republican have teamed up to urge the Obama administration to stop trying to overthrow Syrian President Bashar Assad and focus all its efforts on destroying Islamic State militants.   Reps. Tulsi Gabbard, a Democrat, and Austin Scott, a Republican, introduced legislation on Friday to end what they called an "illegal war" to overthrow Assad, the leader of Syria accused of killing tens of thousands of Syrian citizens in a more than four-year-old civil war entangled in a battle against IS extremists, also known as ISIS.   "The U.S. is waging two wars in Syria," Gabbard said. "The first is the war against ISIS and other Islamic extremists, which Congress authorized after the terrorist attack on 9/11. The second war is the illegal war to overthrow the Syrian government of Assad."
  • That was before Paris.  Well, in the wake of the attacks, Gabbard has apparently had just about enough of Washington vacillating in the fight against terror just so the US can ensure that ISIS continues to destabilize Assad and now, with bi-partisan support, the brazen Hawaii Democrat has introduced legislation to end the "illegal war" to overthrow Assad.  Gabbard, who fought in Iraq - twice - has partnered with Republican Adam Scott on the bill. Here's AP:  In an unusual alliance, a House Democrat and Republican have teamed up to urge the Obama administration to stop trying to overthrow Syrian President Bashar Assad and focus all its efforts on destroying Islamic State militants.   Reps. Tulsi Gabbard, a Democrat, and Austin Scott, a Republican, introduced legislation on Friday to end what they called an "illegal war" to overthrow Assad, the leader of Syria accused of killing tens of thousands of Syrian citizens in a more than four-year-old civil war entangled in a battle against IS extremists, also known as ISIS.   "The U.S. is waging two wars in Syria," Gabbard said. "The first is the war against ISIS and other Islamic extremists, which Congress authorized after the terrorist attack on 9/11. The second war is the illegal war to overthrow the Syrian government of Assad."   Scott said, "Working to remove Assad at this stage is counter-productive to what I believe our primary mission should be."
  • ing to remove Assad at this stage is counter-productive to what I believe our primary mission should be."   Since 2013, the CIA has trained an estimated 10,000 fighters, although the number still fighting with so-called moderate forces is unclear. CIA-backed rebels in Syria, who had begun to put serious pressure on Assad's forces, are now under Russian bombardment with little prospect of rescue by their American patrons, U.S. officials say.   For years, the CIA effort had foundered — so much so that over the summer, some in Congress proposed cutting its budget. Some CIA-supported rebels had been captured; others had defected to extremist groups.   Gabbard complained that Congress has never authorized the CIA effort, though covert programs do not require congressional approval, and the program has been briefed to the intelligence committees as required by law, according to congressional aides who are not authorized to be quoted discussing the matter.   Gabbard contends the effort to overthrow Assad is counter-productive because it is helping IS topple the Syrian leader and take control of all of Syria. If IS were able to seize the Syrian military's weaponry, infrastructure and hardware, the group would become even more dangerous than it is now and exacerbate the refugee crisis.
  • And make no mistake, Tulsi's understanding of Washington's absurd Mid-East policy goes far beyond Syria. That is, Gabbard fully grasps the big picture as well. Here's what she has to say about the idea that the US should everywhere and always attempt to overthrow regimes when human rights groups claim there's evidence of oppression: "People said the very same thing about Saddam (Hussein), the very same thing about (Moammar) Gadhafi, the results of those two failed efforts of regime change and the following nation-building have been absolute, not only have they been failures, but they've actually worked to strengthen our enemy." Somebody get Langley on the phone, this woman must be stopped.  Here's Gabbard speaking to CNN this week about Assad:
  • So there's hope for the US public after all. Perhaps if the clueless masses won't listen to "lunatic" fringe blogs or Sergei Lavrov, they'll listen to a US Congresswoman who served two tours of duty in Iraq and who is now telling Americans that The White House, The Pentagon, and most especially the CIA are together engaged in an "illegal" effort to overthrow the government of a sovereign country and in the process are arming the very same extremists that are attacking civilians in places like Paris. Good luck Tulsi, and thanks for proving that there's at least one person inside that Beltway that isn't either dishonest or naive.  *  *  * From Gabbard  “Here are 10 reasons the U.S. must end its war to overthrow the Syrian government of Assad: Because if we succeed in overthrowing the Syrian government of Assad, it will open the door for ISIS, al-Qaeda, and other Islamic extremists to take over all of Syria.  There will be genocide and suffering on a scale beyond our imagination.  These Islamic extremists will take over all the weaponry, infrastructure, and military hardware of the Syrian army and be more dangerous than ever before. We should not be allying ourselves with these Islamic extremists by helping them achieve their goal because it is against the security interests of the United States and all of civilization. Because the money and weapons the CIA is providing to overthrow the Syrian government of Assad are going directly or indirectly into the hands of the Islamic extremist groups, including al-Qaeda affiliates, al-Nusra, Ahrar al-Sham, and others who are the actual enemies of the United States.  These groups make up close to 90 percent of the so-called opposition forces, and are the most dominant fighters on the ground. Because our efforts to overthrow Assad has increased and will continue to increase the strength of ISIS and other Islamic extremists, thus making them a bigger regional and global threat.
  • Because this war has exacerbated the chaos and carnage in Syria and, along with the terror inflicted by ISIS and other Islamic extremist groups fighting to take over Syria, continues to increase the number of Syrians forced to flee their country. Because we should learn from our past mistakes in Iraq and Libya that U.S. wars to overthrow secular dictators (Saddam Hussein and Muammar Gaddafi) cause even more chaos and human suffering and open the door for Islamic extremists to take over in those countries. Because the U.S. has no credible government or government leader ready to bring order, security, and freedom to the people of Syria. Because even the ‘best case’ scenario—that the U.S. successfully overthrows the Syrian government of Assad—would obligate the United States to spend trillions of dollars and the lives of American service members in the futile effort to create a new Syria.  This is what we have been trying to do in Iraq for twelve years, and we still have not succeeded.  The situation in Syria will be much more difficult than in Iraq. Because our war against the Syrian government of Assad is interfering with our being one-pointedly focused on the war to defeat ISIS, Al-Qaeda, and the other Islamic extremists who are our actual enemy. Because our war to overthrow the Assad government puts us in direct conflict with Russia and increases the likelihood of war between the United States and Russia and the possibility of another world war.” *  *  * Oh, and if you needed another reason to like Tulsi, here's a bonus 40 second clip for your amusement...
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US to Discuss Syria with Jordan, Russia, Saudi Arabia and Turkey | nsnbc international - 0 views

  • U.S. Secretary of State John Kerry announced that he would meet Jordanian, Russian, Saudi Arabian and Turkish representatives in the coming days to discuss the situation in Syria. Kerry’s shuttle diplomacy comes as Russian airstrikes, coordinated with the Syrian government have sent scores of ISIL, Jabhat Al-Nusrah and other insurgents flee Syria. 
  • The Russian-led initiative has significantly altered the strategic balance and has a number of complex geopolitical implications, e.g. Russia potentially re-asserting regional influence comparable with the influence Moscow had in the region prior to the discontinuation of the USSR.
  • On Monday, Russia’s Foreign Ministry informed the Russian State news agency Tass that Moscow is studying the proposal tabled by U.S. Secretary of State John Kerry. The news agency cites a ministerial source as saying “We know about this proposal, we are studying it”. Sergey Ivanov, Chief of Staff of the Russian Presidency stated that a political settlement about Syria would begin to take shape sooner or later. Ivanov added that this would involve a compromise between a “sensible opposition” and the Syrian government. Ivanov added: “It is crystal-clear that military means alone will never bring about a settlement in Syria. In the final count a political solution will have to begin to be looked for,” Ivanov said adding that this process could be very complicated and controversial. … Any sensible opposition can be negotiated with and compromises are to be mutual — that’s pretty clear,” he said calling it “a matter of the distant future. … Originally, the idea of an intra-Syrian alliance in the struggle against the Islamic State was not ours: it came from the French President, Francois Hollande. He speculated that the government troops under Bashar Assad and the so-called Free Syrian Army might present a common front. Of course, if the latter does exist in reality, and is not a virtual brainchild of some armchair pundits in the West.”
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  • Last week Syria’s First Deputy Prime Minister Faisal Mikdad reiterated that the government was ready to immediately proceed with attempts to find a political settlement with what he describes as a “worthy national opposition”. Mikdad said: “We are ready to immediately sit down at the negotiating table with the worthy national opposition, but not with the opposition connected with external forces,” the agency quotes him as saying. “We are prepared to take part in the work of four groups to seek ways out of the conflict set up at the initiative of the UN Secretary-General’s Special Envoy for Syria Staffan de Mistura.” One of the most persistent points of contention between the Syrian government and the foreign-backed, foreign-based opposition groups is the opposition’s demand for the formation of a transitional government. While the Syrian government does not reject such a transitional government on an a priori basis, it insists that it has no constitutional mandate to form any government without involving the Syrian electorate.
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    Note that Lavrov is still questioning whether there is in fact a "moderate" Syrian opposition. 
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Three House panels to investigate whether ISIS intelligence was cooked | TheHill - 0 views

  • Three House committees will jointly investigate allegations U.S. Central Command altered intelligence reports, their chairmen announced Friday.“Today, the House Armed Services Committee, the House Permanent Select Committee on Intelligence and the House Appropriations Committee established a Joint Task Force to investigate allegations that senior U.S. Central Command (CENTCOM) officials manipulated intelligence products,” Reps. David Nunes (R-Calif.), Mac Thornberry (R-Texas) and Rodney Frelinghuysen (R-N.J.) said in a joint statement.Analysts at Centcom have alleged that senior officials altered their reports to paint a rosier picture of the fight against the Islamic State in Iraq and Syria (ISIS).The Pentagon’s inspector general is already conducting an investigation into the allegations.Magazine Foreign Policy reported last month that the task force would be formed.
  • In their statement, Nunes, Thornberry and Frelinghuysen said the task force would look into the specific allegations, as well as whether there are “systemic problems across the intelligence enterprise in CENTCOM or any other pertinent intelligence organizations.”Reps. Ken Calvert (R-Calif.), Mike Pompeo (R-Kan.) and Brad Wenstrup (R-Ohio) will lead the investigation.“Any accusation of intelligence being altered to fit a political narrative must be fully investigated and those responsible held accountable,” Pompeo said in a written statement. “This matters both to those who gather the intelligence, often at great risk to their personal safety, and to the policymakers who use this intelligence to make what are often life threatening decisions.”In an interview on Fox News, Thornberry said the issue was too important to wait to investigate until after the inspector general.
  • Democrats are participating, too, he said in the interview.  “They are participating in the investigation,” he said. “Their staff had been involved in the discussions we have had with a variety of folks from Centcom and elsewhere. So again we want to be careful and do it right, but it's important.” The task force expects to have preliminary results early next year, according to the chairmen’s statement.
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Ecuador signs deal with Sweden for Assange questioning | Reuters - 0 views

  • Ecuador and Sweden have signed a pact that would allow WikiLeaks founder Julian Assange to be questioned by Swedish authorities at Ecuador's embassy in London where he has been holed up for more than three years since facing sexual assault charges, the Quito government said.The legal agreement was signed in the Ecuadorean capital after half a year of negotiations."It is, without doubt, an instrument that strengthens bilateral relations and will facilitate, for example, the fulfillment of judicial matters such as the questioning of Mr. Assange," the foreign ministry said in a weekend statement.Assange, 44, took refuge in the embassy building in June 2012 to avoid extradition to Sweden, where he is wanted for questioning over allegations of sexual assault and rape against two women in 2010. The Australian denies the accusations.
  • Assange says he fears Sweden will extradite him to the United States where he could be put on trial over WikiLeaks' publication of classified military and diplomatic documents five years ago, one of the largest information leaks in U.S. history. Britain, which has accused Ecuador of preventing the course of justice by allowing Assange to remain in its embassy in the upmarket central London area of Knightsbridge, welcomed the agreement."It is for the Swedish Prosecutor to decide how they now proceed with a legal case," a spokeswoman for the British Foreign Office said.
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European Human Rights Court Deals a Heavy Blow to the Lawfulness of Bulk Surveillance |... - 0 views

  • In a seminal decision updating and consolidating its previous jurisprudence on surveillance, the Grand Chamber of the European Court of Human Rights took a sideways swing at mass surveillance programs last week, reiterating the centrality of “reasonable suspicion” to the authorization process and the need to ensure interception warrants are targeted to an individual or premises. The decision in Zakharov v. Russia — coming on the heels of the European Court of Justice’s strongly-worded condemnation in Schrems of interception systems that provide States with “generalised access” to the content of communications — is another blow to governments across Europe and the United States that continue to argue for the legitimacy and lawfulness of bulk collection programs. It also provoked the ire of the Russian government, prompting an immediate legislative move to give the Russian constitution precedence over Strasbourg judgments. The Grand Chamber’s judgment in Zakharov is especially notable because its subject matter — the Russian SORM system of interception, which includes the installation of equipment on telecommunications networks that subsequently enables the State direct access to the communications transiting through those networks — is similar in many ways to the interception systems currently enjoying public and judicial scrutiny in the United States, France, and the United Kingdom. Zakharov also provides a timely opportunity to compare the differences between UK and Russian law: Namely, Russian law requires prior independent authorization of interception measures, whereas neither the proposed UK law nor the existing legislative framework do.
  • The decision is lengthy and comprises a useful restatement and harmonization of the Court’s approach to standing (which it calls “victim status”) in surveillance cases, which is markedly different from that taken by the US Supreme Court. (Indeed, Judge Dedov’s separate but concurring opinion notes the contrast with Clapper v. Amnesty International.) It also addresses at length issues of supervision and oversight, as well as the role played by notification in ensuring the effectiveness of remedies. (Marko Milanovic discusses many of these issues here.) For the purpose of the ongoing debate around the legitimacy of bulk surveillance regimes under international human rights law, however, three particular conclusions of the Court are critical.
  • The Court took issue with legislation permitting the interception of communications for broad national, military, or economic security purposes (as well as for “ecological security” in the Russian case), absent any indication of the particular circumstances under which an individual’s communications may be intercepted. It said that such broadly worded statutes confer an “almost unlimited degree of discretion in determining which events or acts constitute such a threat and whether that threat is serious enough to justify secret surveillance” (para. 248). Such discretion cannot be unbounded. It can be limited through the requirement for prior judicial authorization of interception measures (para. 249). Non-judicial authorities may also be competent to authorize interception, provided they are sufficiently independent from the executive (para. 258). What is important, the Court said, is that the entity authorizing interception must be “capable of verifying the existence of a reasonable suspicion against the person concerned, in particular, whether there are factual indications for suspecting that person of planning, committing or having committed criminal acts or other acts that may give rise to secret surveillance measures, such as, for example, acts endangering national security” (para. 260). This finding clearly constitutes a significant threshold which a number of existing and pending European surveillance laws would not meet. For example, the existence of individualized reasonable suspicion runs contrary to the premise of signals intelligence programs where communications are intercepted in bulk; by definition, those programs collect information without any consideration of individualized suspicion. Yet the Court was clearly articulating the principle with national security-driven surveillance in mind, and with the knowledge that interception of communications in Russia is conducted by Russian intelligence on behalf of law enforcement agencies.
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  • This element of the Grand Chamber’s decision distinguishes it from prior jurisprudence of the Court, namely the decisions of the Third Section in Weber and Saravia v. Germany (2006) and of the Fourth Section in Liberty and Ors v. United Kingdom (2008). In both cases, the Court considered legislative frameworks which enable bulk interception of communications. (In the German case, the Court used the term “strategic monitoring,” while it referred to “more general programmes of surveillance” in Liberty.) In the latter case, the Fourth Section sought to depart from earlier European Commission of Human Rights — the court of first instance until 1998 — decisions which developed the requirements of the law in the context of surveillance measures targeted at specific individuals or addresses. It took note of the Weber decision which “was itself concerned with generalized ‘strategic monitoring’, rather than the monitoring of individuals” and concluded that there was no “ground to apply different principles concerning the accessibility and clarity of the rules governing the interception of individual communications, on the one hand, and more general programmes of surveillance, on the other” (para. 63). The Court in Liberty made no mention of any need for any prior or reasonable suspicion at all.
  • In Weber, reasonable suspicion was addressed only at the post-interception stage; that is, under the German system, bulk intercepted data could be transmitted from the German Federal Intelligence Service (BND) to law enforcement authorities without any prior suspicion. The Court found that the transmission of personal data without any specific prior suspicion, “in order to allow the institution of criminal proceedings against those being monitored” constituted a fairly serious interference with individuals’ privacy rights that could only be remedied by safeguards and protections limiting the extent to which such data could be used (para. 125). (In the context of that case, the Court found that Germany’s protections and restrictions were sufficient.) When you compare the language from these three cases, it would appear that the Grand Chamber in Zakharov is reasserting the requirement for individualized reasonable suspicion, including in national security cases, with full knowledge of the nature of surveillance considered by the Court in its two recent bulk interception cases.
  • The requirement of reasonable suspicion is bolstered by the Grand Chamber’s subsequent finding in Zakharov that the interception authorization (e.g., the court order or warrant) “must clearly identify a specific person to be placed under surveillance or a single set of premises as the premises in respect of which the authorisation is ordered. Such identification may be made by names, addresses, telephone numbers or other relevant information” (para. 264). In making this finding, it references paragraphs from Liberty describing the broad nature of the bulk interception warrants under British law. In that case, it was this description that led the Court to find the British legislation possessed insufficient clarity on the scope or manner of exercise of the State’s discretion to intercept communications. In one sense, therefore, the Grand Chamber seems to be retroactively annotating the Fourth Section’s Liberty decision so that it might become consistent with its decision in Zakharov. Without this revision, the Court would otherwise appear to depart to some extent — arguably, purposefully — from both Liberty and Weber.
  • Finally, the Grand Chamber took issue with the direct nature of the access enjoyed by Russian intelligence under the SORM system. The Court noted that this contributed to rendering oversight ineffective, despite the existence of a requirement for prior judicial authorization. Absent an obligation to demonstrate such prior authorization to the communications service provider, the likelihood that the system would be abused through “improper action by a dishonest, negligent or overly zealous official” was quite high (para. 270). Accordingly, “the requirement to show an interception authorisation to the communications service provider before obtaining access to a person’s communications is one of the important safeguards against abuse by the law-enforcement authorities” (para. 269). Again, this requirement arguably creates an unconquerable barrier for a number of modern bulk interception systems, which rely on the use of broad warrants to authorize the installation of, for example, fiber optic cable taps that facilitate the interception of all communications that cross those cables. In the United Kingdom, the Independent Reviewer of Terrorism Legislation David Anderson revealed in his essential inquiry into British surveillance in 2015, there are only 20 such warrants in existence at any time. Even if these 20 warrants are served on the relevant communications service providers upon the installation of cable taps, the nature of bulk interception deprives this of any genuine meaning, making the safeguard an empty one. Once a tap is installed for the purposes of bulk interception, the provider is cut out of the equation and can no longer play the role the Court found so crucial in Zakharov.
  • The Zakharov case not only levels a serious blow at bulk, untargeted surveillance regimes, it suggests the Grand Chamber’s intention to actively craft European Court of Human Rights jurisprudence in a manner that curtails such regimes. Any suggestion that the Grand Chamber’s decision was issued in ignorance of the technical capabilities or intentions of States and the continued preference for bulk interception systems should be dispelled; the oral argument in the case took place in September 2014, at a time when the Court had already indicated its intention to accord priority to cases arising out of the Snowden revelations. Indeed, the Court referenced such forthcoming cases in the fact sheet it issued after the Zakharov judgment was released. Any remaining doubt is eradicated through an inspection of the multiple references to the Snowden revelations in the judgment itself. In the main judgment, the Court excerpted text from the Director of the European Union Agency for Human Rights discussing Snowden, and in the separate opinion issued by Judge Dedov, he goes so far as to quote Edward Snowden: “With each court victory, with every change in the law, we demonstrate facts are more convincing than fear. As a society, we rediscover that the value of the right is not in what it hides, but in what it protects.”
  • The full implications of the Zakharov decision remain to be seen. However, it is likely we will not have to wait long to know whether the Grand Chamber intends to see the demise of bulk collection schemes; the three UK cases (Big Brother Watch & Ors v. United Kingdom, Bureau of Investigative Journalism & Alice Ross v. United Kingdom, and 10 Human Rights Organisations v. United Kingdom) pending before the Court have been fast-tracked, indicating the Court’s willingness to continue to confront the compliance of bulk collection schemes with human rights law. It is my hope that the approach in Zakharov hints at the Court’s conviction that bulk collection schemes lie beyond the bounds of permissible State surveillance.
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