Group items tagged

But that’s not what the government told the Second Circuit, and it’s not what the Second Circuit has now suggested is the law. Second, the Second Circuit’s new opinion endorses the continued official secrecy over any discussion of a document that has supplied a purported legal basis for the targeted killing program since almost immediately after the September 11 attacks. The document — a September 17, 2001 “Memorandum of Notification” — is not much of a secret. The government publicly identified it in litigation with the ACLU eight years ago; the Senate Intelligence Committee cited it numerous times in its recent torture report; and the press frequently makes reference to it. Not only that, but the Central Intelligence Agency’s former top lawyer, John Rizzo, freely discussed it in his recent memoir. According to Rizzo, the September 17 MON is “the most comprehensive, most ambitious, most aggressive, and most risky” legal authorization of the last decade and a half — which is saying something. Rizzo explains that the MON authorizes targeted killings of suspected terrorists by the CIA, and in his new book, Power Wars, Charlie Savage reports that the MON is the original source of the controversial (and legally novel) “continuing and imminent threat” standard the government uses to govern the lethal targeting of individuals outside of recognized battlefields. The MON is also likely to have authorized an end run around the assassination “ban” in Executive Order 12333 — a legal maneuver that is discussed in, but almost entirely redacted from, an earlier OLC analysis of targeted killing.

In yesterday’s opinion, the Second Circuit upheld the government’s withholding of a 2002 OLC memorandum that “concerns Executive Order 12333,” which almost certainly analyzes the effect of the September 17 MON, as well as of five other memoranda that “discuss another document that remains entitled to protection.” If indeed that “document” is the MON, it would seem to be yet another case of what the DC Circuit pointedly criticized, in a 2013 opinion, as the granting of judicial “imprimatur to a fiction of deniability that no reasonable person would regard as plausible.” In that case, the DC Circuit went on to quote Justice Frankfurter: “‘There comes a point where … Court[s] should not be ignorant as judges of what [they] know as men’ and women.” Last year, the Second Circuit took that admonishment to heart when it published the July 2010 OLC memorandum. Unfortunately, yesterday, rather than once again opening the country’s eyes to the law our government is applying behind closed doors, the Second Circuit closed its own.

Al-Shammari makes extremely clear that he views the problem as the U.S. imperial machine itself, stating, “the nature of the U.S. is that it cannot exist without an enemy.” The nature of the U.S. is that it cannot exist without an enemy… [For example,] after a period during which it did not fight anyone [i.e. following World War II], the U.S. created a new kind of war – the Cold War… Then, when the Soviet era ended, after we Muslims helped the religions and fought Communism on their [the Americans’] behalf, they began to see Muslims as their new enemy! The U.S. saw a need for creating a new enemy – and planned, organized, and carried this out [i.e. blamed Muslims for terrorism]. This will never end until it [the U.S.] accomplishes the goals it has set for itself. While it seems fighting Islamic terrorism is great for increasing fear and State propaganda meant to elicit compliant civilian populations that passively accept loss of liberty for promises of greater security, the military-industrial complex needs a bigger enemy to justify their $600 billion dollar-a-year budgets, thus beginning the transition to labeling Russia/China as “aggressive Russia/China,” in an effort to begin to pivot away from one bogeyman to other, more profitable, ones.

Der Spiegel reported that Breedlove “stunned” German leaders with a surprise announcement in 2015 claiming that pro-Russian separatists had “upped the ante” in eastern Ukraine with “well over a thousand combat vehicles, Russian combat forces, some of the most sophisticated air defense, battalions of artillery” sent to Donbass, a center of the conflict. Breedlove’s numbers were “significantly higher” than the figures known to NATO intelligence agencies and seemed exaggerated to German officials. The announcement appeared to be a provocation designed to disrupt mediation efforts led by Chancellor Angela Merkel. In previous instances, German officials believed Breedlove overestimated Russian forces along the border with Ukraine by as many as 20,000 troops and found that the general had falsely claimed that several Russian military assets near the Ukrainian border were part of a special build-up in preparation for a large-scale invasion of the country. In fact, much of the Russian military equipment identified by Breedlove, the Germans said, had been stored there well before the revolution in Ukraine.

The emails, however, depict a desperate search by Breedlove to build his case for escalating the conflict, contacting colleagues and friends for intelligence to illustrate the Russian threat. Karber, who visited Ukrainian politicians and officials in Kiev on several occasions, sent frequent messages to Breedlove — “per your request,” he noted — regarding information he had received about separatist military forces and Russian troop movements. In several updates, Breedlove received military data sourced from Twitter and social media. Karber, the president of the Potomac Foundation, became the center of a related scandal last year when it was discovered that he had facilitated a meeting during which images of purported Russian forces in Ukraine were distributed to the office of Sen. James Inhofe, R-Okla., and were published by a neoconservative blog. The pictures turned out to be a deception; one supposed picture of Russian tanks in Ukraine was, in fact, an old photograph of Russian tanks in Ossetia during the war with Georgia.

The emails were released by D.C. Leaks, a database run by self-described “hacktivists” who are collecting the communications of elite stakeholders such as political parties, major politicians, political campaigns, and the military. The website currently has documents revealing some internal communications of the Hillary Clinton presidential campaign and George Soros’s Open Society Foundation, among others.

We didn’t expect ExxonMobil to admit that it had been at fault. It is one of the largest companies in the world—indeed, if its revenues are compared to the gross domestic products of nations, it has one of the world’s larger economies, bigger than Austria’s, for example, or Thailand’s8—and it has a reputation for unusual determination in promoting its self-interest.9 One way or another, we expected it to fight back—most likely, we thought, by proxy, through its surrogates in the right-wing press and in Congress.Sure enough, various bloggers have been calling for “the Rockefellers”10 to be prosecuted by the government for “conspiracy” against Exxon under the Racketeer Influenced and Corrupt Organizations (RICO) Act.11 (Such lines of attack are being tested and refined, and we expect they will soon be repeated in journals with broader readership.) And in May, Texas Republican Lamar Smith, the chair of the House Committee on Science, Space, and Technology, sent a letter to the RFF and seven other NGOs (including the RBF, 350.org, Greenpeace, and the Union of Concerned Scientists),12 as well as all seventeen AGs who said they might investigate ExxonMobil. He accused us of engaging in “a coordinated effort to deprive companies, nonprofit organizations, and scientists of their First Amendment rights and ability to fund and conduct scientific research free from intimidation and threats of prosecution,” and demanded that we turn over to him all private correspondence between any of the recipients of his letter relating to any potential climate change investigation. When we all refused, twice, to surrender any such correspondence, Smith subpoenaed Schneiderman, Healey, and all eight NGOs for the same documents.We will answer Smith’s accusations against us presently. In order to explain ourselves, however, we first have to explain what Exxon knew about climate change, and when—and what, despite that knowledge, Exxon did: the morally reprehensible conduct that prompted our actions in the first place.

"X" reveals once again what makes the Pentagon squirm as far as Russia is concerned: "Russia is not an economic threat to the US. Its manufacturing base is centered on military production. It has developed since the [late 1990s] Belgrade bombing into the greatest military power in the world in terms of self-defense. Its defensive missiles seal its air space and its offensive ICBMs are the most advanced in the world. The recently tested US defensive missile placed in Romania is nearly worthless despite a fake, staged success for European consumption and to hold NATO together. Russia is a natural ally to the US. The US will shift to Russia and Flynn's departure is relatively meaningless except for its entertainment value."

In an opinion apparently written in June 2009, Walton said the court was “gravely concerned” that “NSA analysts, cleared and otherwise, have generally not adhered to the dissemination restrictions proposed by the government, repeatedly relied on by the court in authorizing the [email and internet bulk] metadata, and incorporated into the court’s orders in this matter [redacted] as binding on NSA.” Walton said the NSA’s legal team had failed to satisfy the training requirements that NSA frequently points to in congressional testimony as demonstrating its scrupulousness. Walton added that he was “seriously concerned” by the placement of Americans’ email and internet metadata into “databases accessible by outside agencies, which, as the government has acknowledged, violates not only the court’s orders, but also NSA’s minimization and dissemination procedures as set forth in USSID 18.”

In 2011, Bates wrote that the “volume and nature” of the NSA’s bulk collection on foreign internet content was “fundamentally different from what the court had been led to believe”. Yet the documents disclosed Monday night, thanks to a transparency lawsuit, show that Bates and Walton permitted the surveillance of Americans’ bulk email and internet metadata to continue under additional restrictions, out of concern for the ongoing terrorism threat.

Elizabeth Goitien of the Brennan Center for Justice at New York University said that the declassified opinions raise disturbing questions about the NSA’s truthfulness. “Either the NSA is really trying to comply with the court’s orders and is absolutely incapable of doing so, in which case it’s terrifying that they’re performing this surveillance, or they’re not really trying to comply,” Goitien said. “Neither of those explanations is particularly comforting.”

“We’ve tried to get discovery into whether our client has been surveilled and have been shut down on that,” said Elizabeth Pipkin, a lawyer with McManis Faulkner, the firm representing Ms. Ibrahim pro bono. “They won’t answer that question for us.” The government says that revealing this type of information would jeopardize national security. In April, Attorney General Eric H. Holder Jr. asserted to the court “a formal claim of the state secrets privilege” in the case. In another case, Latif v. Holder, 13 American citizens who have been denied boarding on flights are seeking removal of their names from any watch list, as well as the reasons they have been banned and an opportunity to rebut any derogatory information.

ISIS leader Abu Bakr Baghdadi is known to be a US intelligence asset, according to a former senior Al Qaeda operative, Nabil Naim, among other sources. Former CIA personnel have also disclosed that ISIS, like Al Qaeda, was set up to further geopolitical goals for Washington and its allies in the Middle East. These goals include regime change in target countries, such as Syria, and perpetuating the money-spinning American military-industrial complex by creating an endless security threat. Officially, the network may be a proscribed terror organization and “an enemy of the state”. But in the underworld of black operations, ISIS is a covert instrument of US government and corporate interests.

Given the strategic importance of the US-led regime-change objective in Syria – and in particular the importance of obtaining public support for military intervention in that country – it is not beyond the realm of possibility that the ISIS network is carrying out beheadings of Western citizens on the orders of its handlers in the CIA and Britain’s MI6. Perhaps even, the outward political leadership in Washington and London, Obama and Cameron, are unaware of their own dark forces at work, which gives their public reactions of indignation an air of authenticity and credibility.

Indeed, the evident political consequences from the latest execution of Briton David Haines and Americans Jim Foley and Steven Sotloff are strongly indicative of a Western psychological operation. That makes Washington and London culpable of murdering their own citizens for geopolitical expediency. These victims are sacrificial lambs in the foulest sense.

But also there was just a slice of real news in The Saker’s article, when he said, only in passing (as if it were insignificant, which it was not), “Then, there was the rather interesting behavior of [Victoria] Nuland, who was with Kerry’s delegation, she refused to speak to the press and left looking rather unhappy.” Nothing more than that, but that’s plenty. In other words: Nuland, the agent whom President Obama had placed in charge of arranging the February 2014 coup in Ukraine, and of selecting the leader of the junta that would be imposed upon Ukraine (“Yats” Yatsenyuk), and who told the U.S. Ambassador to Ukraine what to do and how to do it, was now exceedingly disturbed to find herself overridden at this late date in her Ukrainian escapade, publicly overridden by her own immediate boss, Secretary of State Kerry.  In other words: she is now sidelined. That’s important news, but The Saker there merely hinted at it, and only in passing. So, as a news-report, The Saker’s article was poor but perhaps the best around; but as a news-analysis, it was excellent, and by far the best.

Nuland now knows that she has lost, and that Obama has thrown in the towel on the original plan for Ukraine, which had been for an all-out military conquest of the region, Donbass, where the people had voted over 90% for the man whom Nuland’s team had overthrown on 22 February 2014, Viktor Yanukovych, and so Obama had wanted those people to be either killed or else expelled from Ukraine (so that they’d never again be able to vote in a Ukrainian national election and thus possibly restore a neutralist leadership of Ukraine, such as had existed under the man Obama deposed, Yanukovych). Consequently, clearly, now, Obama is on-board with the “Plan B” for Ukraine, which Francois Hollande and Angela Merkel had put into place, the Minsk II Agreement, which brought about the present ceasefire, which now has become clearly the utter (even accepted by Kerry) capitulation of Obama’s Plan A on Ukraine, which plan Nuland had been carrying out. Kerry’s public statement there was a public slap in the face to his own #2 official on Ukraine; and it could not have been asserted by him if he were not under Obama’s instruction that the previous plan, to exterminate or drive out all the residents of Donbass, was no longer worth trying, and that the Hollande-Merkel plan would be America’s fall-back position.

Obama’s message in this, through Kerry, to Ukraine’s President Poroshenko, and indirectly also to Ukraine’s Prime Minister Yatsenyuk (the leader whom Nuland herself had selected), is: we’ll back you only as long as you accept that you have failed our military expectations and that we will be stricter with you in the future regarding how you spend our military money. We’re getting in line now behind the Hollande-Merkel peace plan for Ukraine. Dmitriy Yarosh, and the other outright nazis who had been threatening to overthrow Poroshenko if he doesn’t renew the war against Donbass and seize Crimea; Dmitriy Yarosh, who was the man who had led the Ukrainian coup for the U.S., and whose thugs had dressed as Yanukovych’s security forces when gunning down both police and demonstrators in the February 2014 coup, in order for Yanukovych to become blamed for the bloodshed on that occasion; is now, in effect, being told: if you will try another coup, this time to overthrow our own stooges in Ukraine, then you’re finished, Mr. Yarosh. Don’t do it.

Merkel and Hollande thus won. Putin had decidedly won. Obama and the nazis he had empowered in Ukraine have now, clearly, been defeated. But the mess that Obama’s people have created in Ukraine by their coup and subsequent ethnic-cleansing to eliminate the residents of Donbass, will take decades, if ever, to repair. Western ‘news’ media can cover it all up, but they can’t change this reality, which, increasingly as time goes by, will expose the press’s failure to have even reported on this historically important U.S. coup in Ukraine and its ultimate failure. As a story about  the press, it is about yet another system-wide press-deceit upon the public, comparable to their ‘news coverage’ of ‘Saddam’s WMD,’ and other lies, in 2002 and 2003. 

Binney said he refers to the NSA as a new Stasi agency, saying its work is effectively destroying democracy, as the NSA is collecting files on everyone in the world. "This was an adoption of totalitarian state procedures. "They're doing this in secret, with secret interpretations of laws, in a secret court, making secret decisions on constitutionality, and all of that behind closed doors. That really is a threat to everybody."