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Bernie Sanders Introduces a Bill to Break Up the Big Banks | The Nation - 0 views

www.thenation.com/...rss-bill-would-break-big-banks Auction 2016 Sanders banksters bank-breakups O'Malley Hillary
shared by Paul Merrell on 08 May 15 - No Cached
  • Senator Bernie Sanders announced legislation Wednesday that would break up the country’s largest financial institutions. It’s the third time he’s introduced such a measure, but this time around he wields the large microphone of a presidential candidate. The bill, titled the “Too Big to Fail, Too Big to Exist Act,” will also be introduced in the House by Representatives Brad Sherman and Alan Grayson. If passed, it would require regulators at the Financial Stability Oversight Council to come up with a list of too-big-to-fail institutions whose failure would threaten the economy. One year later, those banks would be broken up by the secretary of the Treasury. Sure to be included on that list, based on the standards outlined in the legislation, would be JPMorgan Chase, Citigroup, Goldman Sachs, Bank of America, and Morgan Stanley.
  • It also unavoidably poses a test for Hillary Clinton, the other declared Democratic candidate. Much of the Draft Warren movement launched by progressive activists focused on the Massachusetts senator’s advocacy for combating the financial sector’s power generally, and breaking up the big banks in particular—and Clinton’s perceived weakness on that front.
  • Another likely Democratic candidate, former Maryland governor Martin O’Malley, wrote an op-ed in The Des Moines Register in March that also called for the biggest financial institutions to be broken up. Elsewhere, Senators Sherrod Brown and David Vitter have introduced similar legislation in the past, and the Federal Deposit Insurance Corporation’s Tom Hoenig also favors break-ups. Sanders and Sherman cited the danger posed to the economy by big banks, many of which are dramatically larger than they were before the 2008 financial crisis. JPMorgan Chase, for example, has increased its assets by $1.1 trillion since 2007. “In 2008 we learned that if Wall Street calls and says ‘bail us out or we’re going to take the economy down with us,’ that even if there is no statutory provision for bailouts, which there really isn’t today, Congress will pass as we did in 2008 a bill mandating the bailout,” said Sherman. “So ‘too big to fail’ means you will be bailed. That isn’t capitalism. That is socialism for the wealthy.”
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  • Sanders noted the large fines and settlement paid by big financial institutions since 2009, totaling $176 billion, and referenced former attorney general Eric Holder’s frank admission in 2013 that some banks are “too big to jail.” (Holder later walked back that comment, though no high-level executives have gone to prison for anything related to the financial crisis.)
  • The duo also described their belief that big Wall Street banks are crushing smaller and medium-sized banks. Sherman cited research from the International Monetary Fund that when big banks have implicit taxpayer backing, their access to capital is so much easier that it amounts to an extra $83 billion annually—something he argued was an unfair advantage over smaller banks that would be allowed to fail. The Independent Community Bankers of America, which represents 6,000 smaller banks, has endorsed the Sanders-Sherman legislation. Beyond just small banks, Sanders argued that enormous financial institutions harm the broader economy because those smaller banks are key sources of capital for small businesses. “Wall Street cannot be an island unto itself separate from the productive economy,” he said.
  • Paul Merrell on 08 May 15
     
    Sanders pushing Hillary to commit to doing something about the banks. Fat chance. But maybe he can show who she really is.
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Yes, Islam condones wife beatings - 0 views

www.calgaryherald.com/...story.html islam condones yes
shared by Joseph Skues on 23 Jan 11 - No Cached
  • Joseph Skues on 23 Jan 11
     
    "Recently, Marvin Levant (Dec. 28), Steve Harris (Dec. 30), Syed Soharwardy (Jan. 2), and Riazuddin Ahmed (Jan. 5) debated Islam through the forum of the Herald's letters to the editor. The issue of wife beating and gender inequality in Islam has become convoluted and highly controversial as many Muslims try to sugar-coat the ugly truths and others try to shed some light on the issue. Soharwardy's statement that "Beating one's wife is not only wrong, it is criminal and completely un-Islamic" is incorrect. The Qur'an says that "men are in charge of women because Allah has made one of them (men) to excel the other (women), thus man's superiority over women . . . good women are the obedient ones . . . admonish the rebellious women and banish them, and scourge them (whip them severely to inflict pain) (4:34) . . . smote them (hit or strike with the hand or with a weapon causing pain, beat them . . . (4:62)". Islam does not recognize gender equality. For example, polygamy is accepted in Islam, but polyandry is not. A woman's testimony is considered half as worthy as a man's in court; a son inherits twice as much as a daughter does. Muslim men may marry Muslim, Jewish or Christian women, but Muslim women can marry only Muslim men. In short, sharia law leads to the inhuman treatment of Muslim women by their husbands and others, especially in South Asia and the Middle East. Higher education is emphasized more for sons than for daughters; in cultural honour killings, almost always women are the target for murder. Under sharia, divorced Muslim women get custody of their sons under eight years of age and daughters until puberty, and then the fathers take the children away. Sharia enabled one of the worst fundamentalists, the vile and ruthless military dictator, Muhammad Zia-ul-Haq, to put more than 15,000 rape victims in jail because they could not comply with the absurd Islamic condition requiring them to have numerous male witnesses of their victimization. They were char
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Cow Economics & Politics - 1 views

docs.google.com/...pub Banksters Cows S&P-downgrade
shared by Gary Edwards on 09 Aug 11 - No Cached
  • Gary Edwards on 09 Aug 11
     
    Update on that classic economic-political use case; "You have two cows". Hard to joke when the stock market has lost over $2 Trill in one week, and neither the government or the Federal Banksters Reserve show any concern.  Obama's golf game, fund raising and vacation schedule will not miss a beat.  Cape Cod calls and Obama is there.  Bernake and the Banksters met today, with a stock market begging for him to print up some more free fuel.  Bernake decides to stick with the plan and go with the collapse of the USA and the Dollar as scheduled. GOLD today is over $1780 /oz.  It's value in dollars has risen over $120 /oz since the raising of the debt limit to near $17 Trillion. The stock market melted down yesterday, crashing through key support barriers … shattering the confidence of millions of individual investors … and prompting most - who had been trying to turn a blind eye to the carnage - to start heading for the hills. Yesterday, Aug 9 2011 was the worst trading day since December of 2008. Just since the market began falling on July 26th, more than $7.8 trillion in equity has now been erased! Even though the Banksters are flush with $16.1 Trill in Federal Bankster Reserve coupons (GAO Audit of 2009-2010 Bankster books), the market can't seem to sort things out. And Banks stocks got hit hardest of all in yesterdays crash: US Bancorp and Wells Fargo were both down 9%. Huntington Bancshares and JP Morgan Chase declined 8.5% and 9.4% respectively. Fifth Third Bankcorp fell 11.4% and Capital One fell 12.08%. Regions Bank dropped 13.5% and SunTrust lost 13.9% of its value. Saw a National Media special on S&P last night.  These clowns gave Enron, Worldcom, Lehman Brothers, Ireland, Greece and Iceland their highest ratings right up until the eve of their collapse.  And then there's those trillions in garbage mortgage securities and derivatives rated triple A right through the collapse of the World economy
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Is Standard and Poor's Manipulating US Debt Rating to Escape Liability for the Mortgage... - 0 views

firedoglake.com/...bility-for-the-mortgage-crisis S&P Phony-Credit-Ratings national-debt-Ceiling Banksters banksters
shared by Gary Edwards on 31 Jul 11 - No Cached
  • Gary Edwards on 31 Jul 11
     
    Half way decent expose of those criminals at the S&P credit rating and risk analysis sham.  These clowns should be in jail for what they did with mortgage securities!  One thing the article doesn't mention is that without the S&P triple A credit ratings on the fraudulent mortgage security instruments, main street America 401K, city, state and county investment funds, and the bulk of pension funds could not have been invested in those phony securities.  Forget the Bankster losses and the taxpayers $23 Trillion bailout of the Banksters.  Real Americans got wiped out because of those phony triple A ratings! Another point missed in this article is that Dodd-Frank is designed for massive extortion instead of massive imprisonment, fines and retribution for criminal actions.  The way it works is that the Bankster pony up a billion plus in campaign funds, and the elected criminals pass on the prosecution of criminal violations and reporting failures.  Easy money for the ruling class.  And who pays the S&P's of the world anyway?  Right, the Banksters! Conclusion: It's becoming more and more obvious that Standard and Poor's has a political agenda riding on the notion that the US is at risk of default on its debt based on some arbitrary limit to the debt-to-GDP ratio. There is no sound basis for that limit, or for S&P's insistence on at least a $4 trillion down payment on debt reduction, any more than there is for the crackpot notion that a non-crazy US can be forced to default on its debt. Whatever S&P's agenda, it has nothing to do with avoiding default risks or putting the US on sound fiscal footing. It appears to be intertwined with their attempts to absolve themselves from responsibility for their role in the 2008 financial crisis, and they are willing to manipulate not only the 2012 election but the world economy to escape the SEC's attempts to regulate them. It's time the media and Congress started asking Standard and Poors what their political a
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Memo to Potential Whistleblowers: If You See Something, Say Something | Global Research - 0 views

www.globalresearch.ca/...5385860 transparency whistle-blowers resources ExposeFacts.org
shared by Paul Merrell on 07 Jun 14 - No Cached
  • Blowing the whistle on wrongdoing creates a moral frequency that vast numbers of people are eager to hear. We don’t want our lives, communities, country and world continually damaged by the deadening silences of fear and conformity. I’ve met many whistleblowers over the years, and they’ve been extraordinarily ordinary. None were applying for halos or sainthood. All experienced anguish before deciding that continuous inaction had a price that was too high. All suffered negative consequences as well as relief after they spoke up and took action. All made the world better with their courage. Whistleblowers don’t sign up to be whistleblowers. Almost always, they begin their work as true believers in the system that conscience later compels them to challenge. “It took years of involvement with a mendacious war policy, evidence of which was apparent to me as early as 2003, before I found the courage to follow my conscience,” Matthew Hoh recalled this week.“It is not an easy or light decision for anyone to make, but we need members of our military, development, diplomatic and intelligence community to speak out if we are ever to have a just and sound foreign policy.”
  • Hoh describes his record this way: “After over 11 continuous years of service with the U.S. military and U.S. government, nearly six of those years overseas, including service in Iraq and Afghanistan, as well as positions within the Secretary of the Navy’s Office as a White House Liaison, and as a consultant for the State Department’s Iraq Desk, I resigned from my position with the State Department in Afghanistan in protest of the escalation of war in 2009.” Another former Department of State official, the ex-diplomat and retired Army colonel Ann Wright, who resigned in protest of the Iraq invasion in March 2003, is crossing paths with Hoh on Friday as they do the honors at a ribbon-cutting — half a block from the State Department headquarters in Washington — for a billboard with a picture of Pentagon Papers whistleblower Daniel Ellsberg. Big-lettered words begin by referring to the years he waited before releasing the Pentagon Papers in 1971. “Don’t do what I did,” Ellsberg says on the billboard.  “Don’t wait until a new war has started, don’t wait until thousands more have died, before you tell the truth with documents that reveal lies or crimes or internal projections of costs and dangers. You might save a war’s worth of lives.
  • The billboard – sponsored by the ExposeFacts organization, which launched this week — will spread to other prominent locations in Washington and beyond. As an organizer for ExposeFacts, I’m glad to report that outreach to potential whistleblowers is just getting started. (For details, visit ExposeFacts.org.) We’re propelled by the kind of hopeful determination that Hoh expressed the day before the billboard ribbon-cutting when he said: “I trust ExposeFacts and its efforts will encourage others to follow their conscience and do what is right.” The journalist Kevin Gosztola, who has astutely covered a range of whistleblower issues for years, pointed this week to the imperative of opening up news media. “There is an important role for ExposeFacts to play in not only forcing more transparency, but also inspiring more media organizations to engage in adversarial journalism,” he wrote. “Such journalism is called for in the face of wars, environmental destruction, escalating poverty, egregious abuses in the justice system, corporate control of government, and national security state secrecy. Perhaps a truly successful organization could inspire U.S. media organizations to play much more of a watchdog role than a lapdog role when covering powerful institutions in government.”
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  • Overall, we desperately need to nurture and propagate a steadfast culture of outspoken whistleblowing. A central motto of the AIDS activist movement dating back to the 1980s – Silence = Death – remains urgently relevant in a vast array of realms. Whether the problems involve perpetual war, corporate malfeasance, climate change, institutionalized racism, patterns of sexual assault, toxic pollution or countless other ills, none can be alleviated without bringing grim realities into the light. “All governments lie,” Ellsberg says in a video statement released for the launch of ExposeFacts, “and they all like to work in the dark as far as the public is concerned, in terms of their own decision-making, their planning — and to be able to allege, falsely, unanimity in addressing their problems, as if no one who had knowledge of the full facts inside could disagree with the policy the president or the leader of the state is announcing.” Ellsberg adds: “A country that wants to be a democracy has to be able to penetrate that secrecy, with the help of conscientious individuals who understand in this country that their duty to the Constitution and to the civil liberties and to the welfare of this country definitely surmount their obligation to their bosses, to a given administration, or in some cases to their promise of secrecy.”
  • Right now, our potential for democracy owes a lot to people like NSA whistleblowers William Binney and Kirk Wiebe, and EPA whistleblower Marsha Coleman-Adebayo. When they spoke at the June 4 news conference in Washington that launched ExposeFacts, their brave clarity was inspiring. Antidotes to the poisons of cynicism and passive despair can emerge from organizing to help create a better world. The process requires applying a single standard to the real actions of institutions and individuals, no matter how big their budgets or grand their power. What cannot withstand the light of day should not be suffered in silence. If you see something, say something.
  • Paul Merrell on 07 Jun 14
     
    While some governments -- my own included -- attempt to impose an Orwellian Dark State of ubiquitous secret surveillance, secret wars, the rule of oligarchs, and public ignorance, the Edward Snowden leaks fanned the flames of the countering War on Ignorance that had been kept alive by civil libertarians. Only days after the U.S. Supreme Court denied review in a case where a reporter had been ordered to reveal his source of information for a book on the Dark State under the penalties for contempt of court (a long stretch in jail), a new web site is launched for communications between sources and journalists where the source's names never need to be revealed. This article is part of the publicity for that new weapon fielded by the civil libertarian side in the War Against Ignorance.  Hurrah!
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Secret program at secret Guantánamo prison hears everything | Miami Herald - 0 views

www.miamiherald.com/...article44541324.html surveillance state GITMO-detainees military-tribunal fair-trial
shared by Paul Merrell on 16 Nov 15 - No Cached
  • A secret Defense Department program provides unfettered eavesdropping on the accused terrorists imprisoned at Guantánamo’s clandestine Camp 7 lockup, recently released war court documents show.Army Col. James L. Pohl, the judge in 9/11 trial, discovered the existence of the secret surveillance program during a recent war court hearing. Little is publicly known about the program, not even its unclassified two-word nickname.
  • The disclosure of pervasive eavesdropping at Guantánamo’s lockup for 14 former CIA prisoners comes in before-and-after documents released by the court from the recent Oct. 19-30 pretrial hearings in the death-penalty case of five men accused of orchestrating the hijackings that killed nearly 3,000 people on Sept. 11, 2001.At issue was accused 9/11 plotter Walid bin Attash’s request for guidance on how he could function as his own attorney. Bin Attash is a Yemeni in his mid-30s who is accused of training some of the hijackers. “You must assume anything you say in Camp 7 is not confidential and will be disclosed to the U.S. Government,” warns an Oct. 23 draft of the advisory, crafted after the judge was informed of the covert program. “Only when you are in Echo 2 will anything you say be covered by the attorney-client privilege.”An Oct. 20 draft of the advisory omits those lines.
  • This is not the first time in the proceedings that a surveillance program caught Pohl by surprise. In January 2013, he ordered the CIA to unplug a button that allowed an unseen observer to cut the court’s audio feed to the public. Perhaps ironically, the lone site the judge considers safe for consultative trial preparation — the Camp Echo compound of wooden huts, each containing a cell — at one time had covert recording devices that looked like smoke detectors. The judge ordered them disabled in February 2013.Attorney Dror Ladin of the American Civil Liberties Union, who was an observer at the Guantánamo hearings last month, said the apparent disclosure of “pervasive surveillance at Camp 7” is the latest issue to challenge the possibility of a fair trial.“It is shocking that for years neither defense counsel nor the judge were made aware that the government was capturing everything said aloud by the detainees there,” he said Thursday. It also adds to mounting questions of “how these military commissions can produce a fair result,” said Ladin, especially if one of the men represents himself. “These are detainees who really can’t see the evidence against them and simultaneously have been provided no rehabilitation services for the torture they suffered for years. It would be astonishing if any of them could craft a fair defense for capital charges.”
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  • A defense attorney in another case said the prosecution wants to use a surreptitiously recorded conversation between two Camp 7 captives against an alleged al-Qaida commander. And in 2012 the journalist Daniel Klaidman wrote in his book “Kill or Capture” that the U.S. government had recordings made in a Guantánamo prison recreation yard of the alleged Sept. 11 mastermind Khalid Sheik Mohammed talking about evidence that could be used against him.The latest disclosure comes at a time of decreasing transparency at the war court.On Oct. 29, the judge held a 13-minute secret session without advanced notice to the public. A day later the judge wrote in a three-page ruling that he closed the court at the request of “the Government” — war-court-speak for the prosecution — to protect state secrets whose disclosure “could result in grave danger to national security.”Pohl also ordered the court to issue a censored transcript of the parts the excluded public and accused would be allowed to see. No transcript has been released.Then the next day, Oct. 30, the judge held a daylong, open hearing on a restraining order he issued forbidding female guards from touching the 9/11 accused when they are being taken to court or legal meetings. The judge’s order has outraged members of Congress and the Pentagon brass.
  • In that public court hearing, soldiers called as witnesses from the prison discussed staffing patterns at Camp 7. Normally the Pentagon releases transcripts of open hearings the same day. Unusually, the court has not yet released the Oct. 30 transcript. A Pentagon spokesman suggested Thursday — 13 days after the open court hearing — that somebody was scrubbing the transcript of information already made public. “The security review of the Oct. 30 transcript remains ongoing,” said Navy Cmdr. Gary Ross. “We will provide an update once additional information becomes available.”Much of the October session focused on bin Attash’s question about how he’d act as his own lawyer in a system that does not let the accused terrorist see classified information in the case. The judge and attorneys devoted days to designing a script Pohl would read to any accused 9/11 terrorist who tries to take charge of his defense — and spent a full afternoon huddling in a closed meeting on the secret program.
  • In it, Pohl made clear that he never intended to let bin Attash dismiss his Pentagon-paid defense attorneys — Chicago criminal defense attorney Cheryl Bormann and Air Force Maj. Michael Schwartz. Instead, the script shows Pohl planned to appoint Bormann and Schwartz as “standby counsel” the judge could activate to carry out cross-examination of certain witnesses who might have “particular sensitivities” to being questioned by the alleged terrorist.“If you are represented by lawyers, then it is the lawyers, and not you, who will conduct the defense,” the warning says. “Correspondingly, if you represent yourself, you will be able to perform the lawyer’s core functions, but you will not necessarily be allowed to direct special appearances by counsel when it is convenient to you.”The language suggests a far more limited role by the American lawyers than those carried out in an aborted attempt to hold the Sept. 11 trial during the Bush administration. In those proceedings, alleged 9/11 terrorists serving as their own lawyer regularly had standby counsel write and argue motions in court.The script also envisions a scenario in which an accused 9/11 plotter serving as his own lawyer becomes unruly, disruptive or disobedient rather than respect “the dignity of the courtroom.” In such a case, the judge said he could deal with “obstructionist misconduct” by putting “physical restraints” on bin Attash or ejecting him from the court.Bin Attash, for his part, has not been noticeably disruptive across years of pretrial proceedings. An amputee, he was brought to his May 5, 2012 arraignment in a Guantánamo prison restraint chair routinely used for forced-feeding of hunger strikers — with guards carrying his prosthetic leg separately.
  • Paul Merrell on 16 Nov 15
     
    It's long past time to recognize that the military cannot provide a fair trial for GITMOI detainees, transfer them to the U.S., and try them in a civilian Article II court. If this kind of crap were going down before an Article II judge, those conducting the surveillance would be sitting in jail. 
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The Stunning Hypocrisy of the U.S. Government - BlackListedNews.com - 1 views

www.blacklistednews.com/...M.html NSA-Patriot-Act-NDAA Edward-Snowden hypocrisy
shared by Gary Edwards on 24 Jun 13 - No Cached
  • Please read this rather good summary in this morning’s New York Times of the worldwide debate Snowden has enabled – how these disclosures have “set off a national debate over the proper limits of government surveillance” and “opened an unprecedented window on the details of surveillance by the NSA, including its compilation of logs of virtually all telephone calls in the United States and its collection of e-mails of foreigners from the major American Internet companies, including Google, Yahoo, Microsoft, Apple and Skype” – and ask yourself: has Snowden actually does anything to bring “injury to the United States”, or has he performed an immense public service?
  • The irony is obvious: the same people who are building a ubiquitous surveillance system to spy on everyone in the world, including their own citizens, are now accusing the person who exposed it of “espionage”.
  • It seems clear that the people who are actually bringing “injury to the United States” are those who are waging war on basic tenets of transparency and secretly constructing a mass and often illegal and unconstitutional surveillance apparatus aimed at American citizens – and those who are lying to the American people and its Congress about what they’re doing – rather than those who are devoted to informing the American people that this is being done.
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  • The Obama administration leaks classified information continuously. They do it to glorify the President, or manipulate public opinion, or even to help produce a pre-election propaganda film about the Osama bin Laden raid.
  • The Obama administration does not hate unauthorized leaks of classified information. They are more responsible for such leaks than anyone.
  • What they hate are leaks that embarrass them or expose their wrongdoing.
  • The “enemy” they’re seeking to keep ignorant with selective and excessive leak prosecutions are not The Terrorists or The Chinese Communists.
  • It’s the American people.
  • The people who have learned things they didn’t already know are American citizens who have no connection to terrorism or foreign intelligence, as well as hundreds of millions of citizens around the world about whom the same is true.
  • What they have learned is that the vast bulk of this surveillance apparatus is directed not at the Chinese or Russian governments or the Terrorists, but at them.
  • And that is precisely why the US government is so furious and will bring its full weight to bear against these disclosures.
  • What has been “harmed” is not the national security of the US but the ability of its political leaders to work against their own citizens and citizens around the world in the dark, with zero transparency or real accountability.
  • If anything is a crime, it’s that secret, unaccountable and deceitful behavior: not the shining of light on it.
  • At a press conference to discuss the accusations, an N.S.A. spokesman surprised observers by announcing the spying charges against Mr. Snowden with a totally straight face. “These charges send a clear message,” the spokesman said. “In the United States, you can’t spy on people.”
  • “The American people have the right to assume that their private documents will remain private and won’t be collected by someone in the government for his own purposes.”
  • “Only by bringing Mr. Snowden to justice can we safeguard the most precious of American rights: privacy,” added the spokesman, apparently serious.
  • Gary Edwards on 24 Jun 13
     
    Extremely well linked story from "Washington's Blog" excerpt: "The Government's Hypocrisy Is the Core Problem Congress has exempted itself from the prohibition against trading on inside information … the law that got Martha Stewart and many other people thrown in jail. There are many other ways in which the hypocrisy of the politicians in D.C. are hurting our country. Washington politicians say we have to slash basic services, and yet waste hundreds of billions of dollars on counter-productive boondoggles.  If the politicos just stopped throwing money at corporate welfare queens, military and security boondoggles and pork, harmful quantitative easing, unnecessary nuclear subsidies,  the failed war on drugs, and other wasted and counter-productive expenses, we wouldn't need to impose austerity on the people. The D.C. politicians said that the giant failed banks couldn't be nationalized, because that would be socialism.  Instead of temporarily nationalizing them and then spinning them off to the private sector - or breaking them up - the politicians have bailed them out to the tune of many tens of billions of dollars each year, and created a system where all of the profits are privatized, and all of the losses socialized. Obama and Congress promised help for struggling homeowners, and passed numerous bills that they claimed would rescue the little guy.  But every single one of these bills actually bails out the banks … and doesn't really help the homeowner. The D.C. regulators pretend that they are being tough on the big banks, but are actually doing everything they can to help cover up their sins. Many have pointed out Obama's hypocrisy in slamming Bush's spying programs … and then expanding them  (millions more). And in slamming China's cyber-warfare … while doing the same thing. And - while the Obama administration is spying on everyone in the country - it is at the same time the most secretive administration ever (ba
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Adel Daoud's lawyer claims Hillside teen caught in 'fake war on terror' contrived by U.... - 0 views

abclocal.go.com/...story surveillance state FBI NSA 4th Amendment 1st Amendment entrapment Daoud
shared by Paul Merrell on 29 Nov 13 - No Cached
  • (CHICAGO) (WLS) -- Lawyers for a west suburban teenager charged with a downtown bomb plot say he was caught in a "fake war on terror" contrived by U.S. spy agencies. Each week it seems as though there is a new salvo of accusations by the legal team defending Hillside 19-year-old Adel Daoud. On Tuesday, a court filing by Daoud's attorneys characterizes U.S. spy agencies as outlaw arms of the government that snagged the west suburban teenager in a dummied-up bomb plot. The nation's intelligence gathering agencies, they believe, are operating in what amounts to a fourth, runaway, branch of government. Daoud was arrested a little more than a year ago, according to authorities planning to detonate a car bomb at this downtown intersection that would take out a popular nearby bar--if it was real. But the so-called plot was a sting operation and the bomb operatives worked for the FBI.
  • "Look, he's a young kid," said Daoud attorney Thomas Durkin. "He just graduated from high school." Durkin, from the beginning, has cried foul about the government investigation and tactics. In the sharply-critical Daoud surveillance motion filed Tuesday, Durkin states that the government has concocted a "fake choice between national security and civil rights, not unlike the fake war being conducted in our name against terror." Durkin, a former assistant U.S. Attorney in Chicago, states that: "The usually reliable representations of the U.S. Attorney's office can no longer be trusted. . .because the intelligence agencies. . . simply do not inform the local prosecutors of all material information." "The spy agencies," Durkin writes, "are as fearful of the prosecutors as they are defense counsel". . .and "just as easily compromised."
  • During the investigation, FBI agents secretly recorded phone conversations at the suspect's home, and elsewhere, and they monitored internet communications. Prosecutors have argued that evidence must be held in secret, from both the public and the defendant-- and so far, the courts have agreed. Lawyers for the 19-year old man from west suburban Chicago are challenging the initial legal grounds permitting authorities to monitor his communications. They contend Daoud may have been targeted by intelligence agencies for viewpoints expressed on the internet. The accused teenage jihadist remains in federal custody without bail, where he has been for 14 months. Authorities have said that Daoud made statements he intended to kill 100 people and injure 300. As his attorney continues a vigorous challenge of government tools and tactics, prosecutors declined to comment to the I-Team.
  • Paul Merrell on 29 Nov 13
     
    This is the case that Sen. Diane Feinstein bragged about having been broken by NSA surveillance. But the government still clings to its position that neither the defense nor the public should be allowed to see the NSA intelligence. The judge in the case originally sided with the government. See order at https://archive.org/stream/781913-daoud-motion-denied#page/n0/mode/1up It bears reminding that the Justice Dept. had told the Supreme Court that such materials would be available for criminal defendants to challenge in persuading the Court that a lawsuit brought by Amnesty International would not be the only avenue to challenge NSA surveillance. The Court repeated that promise in its opinion dismissing the Amnesty International case. But the issue is still alive. Daod is still in jail pending trial. And I'll hazard a guess that his defense just acquired new wheels with yesterday's disclosure of NSA surveillance being used to ruin the reputations of non-terrorists because of the content of their speech.  
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Espionage Act Case Was "Overcharged," Defense Says | Federation Of American Scientists - 0 views

fas.org/...esp-act-overcharged war & peace Espionage-Act over-charging
shared by Paul Merrell on 30 Jun 14 - No Cached
  • In 2012, former Navy linguist James F. Hitselberger was indicted on two felony counts under the Espionage Act statutes after several classified documents were found in his possession. In 2013, a superseding indictment charged him with another four felony counts. But in the end, Mr. Hitselberger pleaded guilty this year to a single misdemeanor charge of removing classified documents without authorization. Now both the defense and the prosecution are endorsing Hitselberger’s request that any jail penalty be limited to the time he has already served, including two months in DC jail and eight months of home confinement. The sentencing hearing is scheduled for July 17. Despite the stark disparity between the multiple felony counts with which Hitselberger was charged, and the single misdemeanor of which he was convicted, the prosecution said that it had no second thoughts about the way the matter was handled.
  • “It is important to note that the government’s case against Mr. Hitselberger did not collapse,” prosecutors said in a June 27 sentencing memorandum. To the contrary, prosecutors wrote, “in several ways, the government’s case became stronger than what it had been when the charges were first obtained.” Defense attorneys disputed that assertion and said the government had overreached. “At a minimum, the evidence demonstrates that the government significantly overcharged the case, and the guilty plea to a misdemeanor not only was the appropriate result, but also demonstrates how the offense should have been charged from the beginning,” the defense wrote in a June 27 reply. The mountain of Espionage Act charges that yielded a molehill of a misdemeanor in this case recalls a similar progression in the prosecution of former NSA official Thomas Drake, where ten felony counts gave way to a technical misdemeanor. This recurring pattern may indicate that overcharging is a standard prosecutorial approach to such cases, or that the judicial process is effectively winnowing out excessive felony charges, or perhaps both.
  • A June 26 sentencing memorandum submitted by the defense presented its own account of the facts of the case, along with several moving testimonials from Hitselberger’s friends and relatives as to his character. In another pending Espionage Act case, the Obama Administration must decide if it will pursue a subpoena against New York Times reporter James Risen. For a current update, see Reporter’s Case Poses Dilemma for Justice Dept. by Jonathan Mahler, New York Times, June 27.
  • Paul Merrell on 30 Jun 14
     
    Charged with 6 Espionage Act felonies, plea-bargained down to a single misdemeanor and recommended sentence of time served. Reading the linked court documents, it was a case that should have resulted in a verbal reprimand by the military commander. 
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My Life Unmasking British Eavesdroppers - 0 views

firstlook.org/...nmasking-british-eavesdroppers surveillance state NSA GCHQ ECHELON history
shared by Paul Merrell on 04 Aug 15 - No Cached
  • In my 40 years of reporting on mass surveillance, I have been raided three times; jailed once; had television programs I made or assisted making banned from airing under government pressure five times; seen tapes seized; faced being shoved out of a helicopter; had my phone tapped for at least a decade; and — with this arrest — been lined up to face up to 30 years imprisonment for alleged violations of secrecy laws. And why do I keep going? Because from the beginning, my investigations revealed a once-unimaginable scope of governmental surveillance, collusion, and concealment by the British and U.S. governments — practices that were always as much about domestic spying during times of peace as they were about keeping citizens safe from supposed foreign enemies, thus giving the British government the potential power to become, as our source that night had put it, a virtual “police state.”
  • A decade later, in a parliamentary debate, Foreign Secretary David Owen revealed that he was initially against our being prosecuted, but was convinced to go along after being promised that we journalists could be jailed in secret. “Everybody came in and persuaded me that it would be terrible not to prosecute. … I eventually relented. But one of my reasons for doing so was that I was given an absolute promise that the case would be heard in camera [a secret hearing].” In the face of this security onslaught, the politicians collapsed and agreed we should all be charged with espionage — although there was no suggestion that we wanted to do anything other than write articles. I was alleged to be “a thoroughly subversive man who was quite prepared to publish information which was secret,” my lawyer later wrote in his memoir.
  • Paul Merrell on 04 Aug 15
     
    Play it again, Sam! Reliving the history of the journalist who broke the ECHELON story.
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Tomgram: Engelhardt, The Ten Commandments for a Better American World | TomDispatch - 0 views

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shared by Paul Merrell on 01 Mar 15 - No Cached
  • My War on Terror Letter to an Unknown American Patriot By Tom Engelhardt Dear American Patriot, I wish I knew your name. I’ve been thinking about you, about all of us actually and our country, and meaning to write for a while to explain myself.  Let me start this way: you should feel free to call me an American nationalist.  It may sound ugly as hell, but it’s one way I do think of myself. True, we Americans usually reserve the more kindly word “patriot” for ourselves and use “nationalist” to diss other people who exhibit special feeling for their country.  In the extreme, it’s “superpatriot” for us and “ultranationalist” for them. In any case, here’s how my particular form of nationalism manifests itself. I feel a responsibility for the acts of this country that I don’t feel for those of other states or groups.  When, for instance, a wedding party blows up thanks to a Taliban roadside bomb, or the Islamic State cuts some poor captive’s head off, or Bashar al-Assad’s air force drops barrel bombs on civilians, or the Russians jail a political activist, or some other group or state commits some similar set of crimes, I’m not surprised.  Human barbarity, as well as the arbitrary cruelty of state power, are unending facts of history. They should be opposed, but am I shocked? No.
  • Still -- and I accept the irrationality of this -- when my country wipes out wedding parties in other lands or organizes torture regimes and offshore prison systems where anything goes, or tries to jail yet another whistleblower, when it acts cruelly, arbitrarily, or barbarically, I feel shock and wonder why more Americans don’t have the same reaction. Don’t misunderstand me.  I don’t blame myself for the commission of such acts, but as an American, I do feel a special responsibility to do something about them, or at least to speak out against them -- as it should be the responsibility of others in their localities to deal with their particular sets of barbarians. So think of my last 12 years running TomDispatch.com as my own modest war on terror -- American terror.  We don’t, of course, like to think of ourselves as barbaric, and terror is, almost by definition, a set of un-American acts that others are eager to commit against us.  “They” want to take us out in our malls and backyards.  We would never commit such acts, not knowingly, not with malice aforethought.  It matters little here that, from wedding parties to funerals, women to children, we have, in fact, continued to take “them” out in their backyards quite regularly. Most Americans would admit that this country makes mistakes. Despite our best efforts, we do sometimes produce what we like to call “collateral damage” as we go after the evildoers, but a terror regime? Not us. Never.
  • And this is part of the reason I’m writing you. I keep wondering how, in these years, it’s been possible to hold onto such fictions so successfully. I wonder why, at least some of the time, you aren’t jumping out of your skin over what we do, rather than what they’ve done or might prospectively do to us. Let’s start with an uncomfortable fact of our world that few here care to mention: in one way or another, Washington has been complicit in the creation or strengthening of just about every extreme terror outfit across the Greater Middle East. If we weren’t their parents, in crucial cases we were at least their midwives or foster parents.
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  • Start in the 1980s with the urge of President Ronald Reagan and his fundamentalist Catholic spymaster, CIA Director William Casey, to make allies of fundamentalist Islamic movements at a time when their extreme (and extremist) piety seemed attractively anticommunist.  In that decade, in Afghanistan in particular, Reagan and Casey put money, arms, and training where their hearts and mouths were and promoted the most extreme Islamists who were ready to give the Soviet Union a bloody nose, a Vietnam in reverse.
  • Paul Merrell on 01 Mar 15
     
    Highly recommended reading. But note that, while I've never had occasion to correct Tom Engelhardt before, he errs in attributing the beginning of U.S. involvement with what we now call Al-Qaeda to the Reagan era. In fact, that honor belongs to the Carter Administration, specifically to then National Security Advisor and arch-anti-Communist Zbigniew K. Brzezinski, who wanted to give the Soviet Union its own "Viet Nam moment."  
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Bowe Bergdahl to Face Court-Martial on Desertion Charges - The New York Times - 0 views

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shared by Paul Merrell on 15 Dec 15 - No Cached
  • A top Army commander on Monday ordered that Sgt. Bowe Bergdahl face a court-martial on charges of desertion and endangering troops stemming from his decision to leave his outpost in 2009, a move that prompted a huge manhunt in the wilds of eastern Afghanistan and landed him in nearly five years of harsh Taliban captivity. The decision by Gen. Robert B. Abrams, head of Army Forces Command at Fort Bragg, N.C., means that Sergeant Bergdahl, 29, faces a possible life sentence. That is a far more serious penalty than had been recommended by the Army’s investigating officer, who testified at the sergeant’s preliminary hearing in September that prison would be “inappropriate.”
  • According to Sergeant Bergdahl’s defense lawyers, the Army lawyer who presided over the preliminary hearing also recommended that he face neither jail time nor a punitive discharge and that he go before an intermediate tribunal known as a “special court-martial,” where the most severe penalty possible would be a year of confinement.
  • Monday’s decision rejecting that recommendation means that Sergeant Bergdahl now faces a maximum five-year penalty if ultimately convicted by a military jury of desertion, as well as potential life imprisonment on the more serious charge of misbehavior before the enemy, which in this case means endangering the troops who were sent to search for him after he disappeared.Sergeant Bergdahl has been the focus of attacks by Republicans in Congress and on the presidential campaign, and it is far from clear that General Abrams’s decision will temper their criticisms.Donald J. Trump, for one, has called the sergeant a “traitor” who should be executed, while Senator John McCain, Republican of Arizona and the chairman of the Armed Services Committee, has vowed to hold hearings if the sergeant is not punished.
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  • Last week, House Republicans issued a report portraying as reckless and illegal Mr. Obama’s decision in May 2014 to swap Sergeant Bergdahl for five Taliban detainees who were being held at Guantánamo Bay, Cuba.
  • Paul Merrell on 15 Dec 15
     
    A shame. There's a strong appearance that politics is playing a strong role in the military decision to prosecute Bergdahl. But 5 years in captivity would seem to be punishment enough to me.
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Holder Defends Record of Not Prosecuting Financial Fraud - 0 views

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shared by Paul Merrell on 20 Oct 15 - No Cached
  • Former attorney general Eric Holder was the honored guest at a Reporters Committee for Freedom of the Press reception on Wednesday (leading investigative reporter Murray Waas to reasonably wonder: How’s that again?). And while I was primarily interested in hearing whether Holder regretted whiffing on torture prosecutions during his tenure (see story: “Holder, Too Late, Calls for Transparency on DOJ Torture Investigation”), I also asked him about whiffing on financial fraud prosecutions. Specifically, I noted his failure to hold accountable the people responsible for the wide-scale financial fraud that led to the massive economic recession of 2007-2009. And I noted that after he stepped down from his post in April, he went back to his job at Covington & Burling, the gigantic D.C. law firm whose clients have included many of the big banks that Holder chose not to prosecute. (The reception was actually held at Covington & Burling’s swanky new building downtown. While it was being built — while Holder was still attorney general! — the firm actually kept an 11th-story corner office reserved for his return. He was making over $3 million a year from the firm before his sojourn at the Justice Department; his current salary has not been disclosed.)
  • Holder bristled at my suggestion that there might be a connection between his current employer and his conduct at Justice, saying that many top prosecutors at Justice had pursued cases as best they could. “We were simply unable to do it under the existing statutes that we had, and given the ways the decision-making worked at those institutions,” he said. However, Holder had all the statutory authority he needed to prosecute straightforward crimes such as robosigning fraud, perjury in front of Congress by Goldman Sachs executives, or for that matter, HSBC’s money laundering for Mexican drug cartels. He simply chose not to. (In response to another questioner, he denied that any of his decisions not to prosecute were based on the massive legal teams that were fielded against the government.) Moreover, he actively waved off offers of additional help such as the suggestion from Sen. Sherrod Brown, D-Ohio, that Congress give him more staff for his Residential Mortgage-Backed Securities Working Group, or extend the statute of limitations on some crimes. At Wednesday’s event, Holder continued: “It’s an easy thing for people who are not a part of the process” to “ask questions,” he said. “It pisses me off, on the other hand,” for people “not conversant” in the process to “somehow say that I did something that was inconsistent with my oath or that I’m not a person of integrity.” “I’m proud to be back at the firm,” he said. “It’s a great firm. And I’m proud of the work I did at the Justice Department.”
  • Holder’s comment was only the most recent in a series of pronouncements from formerly powerful government officials that they were in fact powerless — while talking tough once they no longer have the ability to do anything about it. See, for instance, my colleague David Dayen’s recent article, “Bernanke Talks Tough But Was Weak When It Mattered,” about former Federal Reserve chair Ben Bernanke saying that more Wall Street executives should have gone to jail for criminal misconduct that led to the financial crisis. As Fed chair, Beranke could have initiated criminal referrals to the Justice Department, but chose not to. As attorney general, Holder could have made pursuing financial fraud a top priority. And he did not.
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Feds confiscate investigative reporter's confidential files during raid | The Daily Caller - 3 views

dailycaller.com/...confidential-files-during-raid Audrey-Hudson Whistleblower-Protection-Act
shared by Gary Edwards on 26 Oct 13 - No Cached
  • A veteran Washington D.C. investigative journalist says the Department of Homeland Security confiscated a stack of her confidential files during a raid of her home in August — leading her to fear that a number of her sources inside the federal government have now been exposed. In an interview with The Daily Caller, journalist Audrey Hudson revealed that the Department of Homeland Security and Maryland State Police were involved in a predawn raid of her Shady Side, Md. home on Aug. 6. Hudson is a former Washington Times reporter and current freelance reporter. A search warrant obtained by TheDC indicates that the August raid allowed law enforcement to search for firearms inside her home.
  • But without Hudson’s knowledge, the agents also confiscated a batch of documents that contained information about sources inside the Department of Homeland Security and the Transportation Security Administration, she said. Outraged over the seizure, Hudson is now speaking out. She said no subpoena for the notes was presented during the raid and argues the confiscation was outside of the search warrant’s parameter. “They took my notes without my knowledge and without legal authority to do so,” Hudson said this week. “The search warrant they presented said nothing about walking out of here with a single sheet of paper.”
  • After the search began, Hudson said she was asked by an investigator with the Coast Guard Investigative Service if she was the same Audrey Hudson who had written a series of critical stories about air marshals for The Washington Times over the last decade. The Coast Guard operates under the Department of Homeland Security.
  • Paul Merrell on 26 Oct 13
     
    If reality is as stated, the reporter has a pretty strong civil rights case against the government officials who knowingly participated in the theft and retention of the reporter's notes, two distinct conspiracies. Under the 4th Amendment, officers executing a search and seizure warrant may lawfully seize the items particularly described in the warrant and any other evidence of crime that is in plain view during the search. It's a big push of credibility to argue that reading documents stored in a bag in search for a gun falls within the "plain view" doctrine. The officer could instead just reach his hand into the bag and feel around for a gun. Quite a few extra steps involved in removing the documents and reading them simply to determine whether the bag contains a gun. Add in the facts that: [i] the supposed recognition of government documents argument does not explain why the officers seized personal handwritten notes too; and [ii] the evidence that the officer who discovered the docs had learned that the reporter was one who had called the conduct of his agency into question, and it comes out smelling a lot more like an attempt to discover the reporters' sources than a legitimate search for guns when the bag was searched.   Only one side heard from so far, of course. But this sounds more like low-level government officials who were ignorant of their legal obligations than a White House-driven scandal. But I wouldn't want to be the government lawyer who authorized the retention of the seized notes and other documents. They should have been returned without retaining copies the instant the lawyer learned of the circumstances of their seizure. There's not only a 4th Amendment liberty interest but also a 1st Amendment freecdom to communicate anonymously right protecting those documents and notes. 
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  • Gary Edwards on 26 Oct 13
     
    I listened to an interview with Audrey Hudson last night. It seems to me the key fact is in this clip; "But without Hudson's knowledge, the agents also confiscated a batch of documents that contained information about sources inside the Department of Homeland Security and the Transportation Security Administration, she said." Audrey had written a series of articles describing how the Homeland Security and Transportation agency had been lying about air marshalls and the post 911 program to secure passenger flights. The documents that were stolen listed her sources - the whistle blowers inside the Homeland Security administration who leaked information about the lies and the many problems with the program that the Obama administration was covering up. This sounds to me like another example of Obama hunting down and persecuting whistleblowers. A direct violation of the 1989 - 2007 Whistleblower Protection Act. Not surprisingly, Ms Hudson had not tried to contact any of her whistleblowing sources for fear that the NSA would be watching and that this persecution would happen. Interestingly, the warrant was to seize a "potato launcher". No kidding! It seems Ms. Hudson's husband had, at one time been a licensed arms dealer. He lost that license having sold a gun with faulty paperwork. This event had occurred years earlier, and Mr. Hudson had long since moved on and was currently working for the Coast Guard as an outside contractor/consultant. So they seized the toy "potato launcher", as described in the warrant. But they also ransacked the home looking for the key documents that listed Ms Hudson's inside Homeland Security sources behind her air marshal scandal articles. These documents were the only items seized - other than the "potato launcher" that was the only item listed in the warrant. Seems we've been here before. From wikipedia, the story of Friedrich Gustav Emil Martin Niemöller: ........................... Arrested on 1 July 1937, N
  • Gary Edwards on 26 Oct 13
     
    "But without Hudson's knowledge, the agents also confiscated a batch of documents that contained information about sources inside the Department of Homeland Security and the Transportation Security Administration, she said."
  • Paul Merrell on 26 Oct 13
     
    What troubles me the most about this event, assuming the truth of what's reported, is how well known the limitations on execution of a search warrant are within the law enforcement community. If it happened as described, it seems very unlikely that the officer who grabbed the documents did not know he was violating the 4th Amendment. Ditto for the lawyer or other official(s) who learned of what went down shortly thereafter, but kept the documents anyway. There's an arrogance that goes with government and corporate officials who don't have to personally pay damage awards. With no personal monetary liability (in reality, since the government or corporation picks up the tab), it becomes a matter of personal ethics and whether the misbehavior will anger or please the boss. If the ethics are weak, that becomes a pretty simple choice.
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Egypt panel approves 'conditional military trials of civilians' - Politics - Egypt - Ah... - 0 views

english.ahram.org.eg/...itional-military-trials-o.aspx war & peace Egypt Constitution military-trials
shared by Paul Merrell on 22 Nov 13 - No Cached
  • Egypt's 50-member constitution committee has approved an article allowing civilians to be tried by military courts. At Wednesday's session, 30 members voted in favour of the article, seven against, with two abstentions. The remaining 11 were absent. The article was approved after it was amended and presented by the panel's military representative. The text of the article refers to direct attacks on military premises, camps, properties and factories; attacks on military zones and border areas, and attacks on military vehicles or personnel while they are carrying out their duties. Crimes related to military documents, secrets or funds are also included in the article.
  • Several political parties and movements have condemned the article. April 6 Youth Movement founder Ahmed Maher said via Facebook: "No to a constitution that allows military trials of civilians. Have we forgotten the 12,000 civilians that had military trials [during military rule after the January 2011 uprising], including children who are still in jail?" April 6 coordinator Amr Salah said the movement would campaign against the constitution if the article is not removed. Human rights organisations have been calling for a complete ban on trials of civilians by military courts.
  • Paul Merrell on 22 Nov 13
     
    Ain't it wonderful that Egypt is our No. 2 recipient of military weapons and materiel sales to U.S. manufacturers disguised as U.S. foreign financial aid? But Egypt mans the southern blockade of the Gaza Strip. If Egypt did not do so all those Palestinians might actually engage in international commerce and go to sleep with full bellies. So in reality we have no choice but to play along with military tribunals trying civilians. After all, the U.S. is now doing that too. Why not Egypt?
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IPS - U.N. Will Censure Illegal Spying, But Not U.S. | Inter Press Service - 0 views

www.ipsnews.net/...ure-illegal-spying-but-not-u-s surveillance state NSA NSA-blowback U.N. international law
shared by Paul Merrell on 30 Oct 13 - No Cached
  • When the 193-member General Assembly adopts a resolution next month censuring the illegal electronic surveillance of governments and world leaders by the U.S. National Security Agency (NSA), the U.N.’s highest policy-making body will spare the United States from public condemnation despite its culpability in widespread wiretapping. A draft resolution currently in limited circulation – a copy of which was obtained by IPS – criticises “the conduct of extra-territorial surveillance” and the “interception of communications in foreign jurisdictions”. But it refuses to single out the NSA or the United States, which stands accused of spying on foreign governments, including political leaders in Germany, France, Brazil, Spain and Mexico, among some 30 others.
  • The draft says that while the gathering and protection of certain sensitive information may be justified on grounds of national security and criminal activity, member states must still ensure full compliance with international human rights. The resolution will also emphasise “that illegal surveillance of private communications and the indiscriminate interception of personal data of citizens constitutes a highly intrusive act that violates the rights to freedom of expression and privacy, and threatens the foundations of a democratic society.” Additionally, it will call for the establishment of independent oversight mechanisms capable of ensuring transparency and accountability of state surveillance of communications. And the resolution will request the U.N. High Commissioner for Human Rights, Navi PIllay, to present an interim report on the issue of human rights and “indiscriminate surveillance, including on extra-territorial surveillance.” This report is to be presented to the 69th session of the General Assembly next September, and a final report to its 70th session in 2015.
  • Chakravarthi Raghavan, a veteran Indian journalist who has been reporting on the U.N. and its activities since the 1960s, both in New York and later in Geneva, told IPS the resolution may help start a process under which the national security interests of every state, international security and right to privacy and human rights of people can be discussed and a balance found in some universal forum. “Otherwise, the U.N. world order will break down, and no one will benefit or emerge unscathed,” he said. Much will depend on the follow-up action that the General Assembly resolution calls for, and with what tenacity members pursue it. “Frankly, I am not at all clear that some of the nations raising the issue now are really serious,” said Raghavan, editor-emeritus of the Geneva-based South-North Development Monitor SUNS. “If they were, any one of them in Europe would have granted asylum to Edward Snowden, and not play footsie with U.S. in its attempts to have him jailed in the U.S. on espionage charges.” The revelations of U.S. spying have come mostly from documents released by Snowden, a former NSA contractor, who sought political asylum in Russia after he was accused of espionage by the United States.
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  • One Third World diplomat, speaking on condition of anonymity, told IPS the draft could undergo changes by the time it reaches the General Assembly mid-November. But he held out little hope the final resolution will specifically castigate the United States because of the political clout it wields at the United Nations, and Washington’s notoriety for exerting diplomatic pressure on its allies and aid recipients. Besides which, he said, everybody plays the spying game, including the French, the Germans, the Chinese and the Russians — and therefore none of them can afford to take a “holier than thou” attitude. Still, as the New York Times put it last week, “One thing is clear: the NSA’s Cold War-era argument, that everyone does it, seems unlikely to win the day.”
  • There has been a longstanding tradition that the “Five Eyes” do not spy on each other, the five being the United States, Britain, Canada, Australia and New Zealand. But the surveillance of European political leaders has triggered a strong rejoinder from the 28-member European Union (EU). Raghavan told IPS that even if other countries are not publicly feuding with the U.S. over this — and perhaps their own security apparatuses are secretly collaborating in this global “surveillance state” — the NSA activities at a minimum raise several systemic issues involving basic violations. These include violations of the U.N. Charter; “unauthorised” and blatantly illegal invasions and/or intrusions into national space; World Trade Organisation (WTO) agreements, in particular the Trade-Related Intellectual Property Rights (TRIPS) Agreement and the General Agreement on Trade in Services (GATS); the International Telecommunication Union Treaty and Conventions; treaties and protocols of the World Intellectual Property Organisation (WIPO); the Universal Human Rights Declaration and conventions; and the Vienna diplomatic conventions and codes of behaviour among civilised nations. “All these strike at the roots of the very basics of international law and international public law,” he said.
  • Paul Merrell on 30 Oct 13
     
    So if Raghavan is correct, a new treaty will emerge from the debacle that limits but does not end foreign surveillance. And if so, I predict that it will have no enforcement provisions and absolutely no citizen remedies for rights violated. The farther we go down the NSA rabbit hole, the more convinced I am that it is a stark choice between having spy agencies equipped for digital surveillance and Internet Freedom.  Internet Freedom seems far better equipped to produce world peace through understanding than spy agencies who deliver their "intelligence" to only the favored few. 
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MI6 gets off scot-free over rendition of suspected Islamists to Libya | World news | Th... - 0 views

www.theguardian.com/...on-islamists-mi6-torture-libya war & peace Libya UK CIA MI6 rendition torture
shared by Paul Merrell on 16 Jun 16 - No Cached
  • So after more than four years of Scotland Yard investigations, and months of agonising within the Crown Prosecution Service, ministers and MI6 are getting off scot-free over the abduction and subsequent torture of two suspected Islamists. Abdel Hakim Belhaj and Sami al-Saadi were enemies of Muammar Gaddafi delivered to Tripoli, courtesy of MI6 and the CIA, in 2004 when Tony Blair’s government was cuddling up to the Libyan dictator. Gaddafi had promised to abandon his nuclear and chemical weapons programme and as a reward for British friendship – including the secret rendition of his opponents – he agreed to huge and lucrative oil deals for BP.
  • In one of the deepest ironies in the history of British intelligence, clear evidence of British involvement in the rendition of Belhaj, Saadi and their families to Tripoli’s jails emerged in 2001. They were spelled out in a letter from Sir Mark Allen, then head of MI6 counter-terrorism operations, to Moussa Koussa, Gaddafi’s intelligence chief, written in March 2004. In it, Allen trumpeted MI6’s role in the operation. The letter was found among documents in Moussa’s office destroyed by Nato bombs. Saadi accepted £2.2m compensation from the British government. Belhaj chose to fight on, demanding an apology. The supreme court is soon due to deliver judgment on his claim that Britain must take responsibility for his abduction. Lawyers for the government argue that British courts have no right to hear the case since the agents of foreign intelligence agencies – notably the CIA – were also involved in the operation. Eliza Manningham-Buller, then head of MI5 – MI6’s sister service responsible for British security as opposed to spying abroad – was so angry with what MI6 had been up to, that, as the Guardian reported last week, she fired off a letter to Blair complaining about it, saying its actions may have compromised the security and safety of MI5 officers and their informants. Such was her fury that she ejected MI6 staff from MI5’s headquarters, Thames House.
  • After the Allen letter came to light, Blair said he had “no recollection at all” of the Libyan rendition. Jack Straw, then foreign secretary responsible for MI6, told MPs in 2005 – a year after the Libyan abductions – that “there is simply no truth in the claims that the United Kingdom has been involved in rendition full stop.” After the Allen letter emerged, Straw said: “No foreign secretary can know all the details of what its intelligence agencies are doing at any one time.” Government officials have insisted that the operation was in response to “ministerially authorised government policy”. Sir Richard Dearlove, head of MI6 at the time, has said: “It was a political decision, having very significantly disarmed Libya, for the government to cooperate with Libya on Islamist terrorism.” Referring to MI6’s links with Gaddafi, Manningham-Buller has stated: “There are clearly questions to be answered about the various relationships that developed afterwards and whether the UK supped with a sufficiently long spoon.” Section 7 of the 1994 Intelligence Services Act, sometimes described as the “James Bond clause”, protects MI6 officers from prosecution for actions anywhere in the world that would otherwise be illegal. They would be protected as long as their actions were authorised in writing by the secretary of state.
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UN Report Finds Mass Surveillance Violates International Treaties and Privacy Rights - ... - 0 views

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shared by Paul Merrell on 16 Oct 14 - No Cached
  • The United Nations’ top official for counter-terrorism and human rights (known as the “Special Rapporteur”) issued a formal report to the U.N. General Assembly today that condemns mass electronic surveillance as a clear violation of core privacy rights guaranteed by multiple treaties and conventions. “The hard truth is that the use of mass surveillance technology effectively does away with the right to privacy of communications on the Internet altogether,” the report concluded. Central to the Rapporteur’s findings is the distinction between “targeted surveillance” — which “depend[s] upon the existence of prior suspicion of the targeted individual or organization” — and “mass surveillance,” whereby “states with high levels of Internet penetration can [] gain access to the telephone and e-mail content of an effectively unlimited number of users and maintain an overview of Internet activity associated with particular websites.” In a system of “mass surveillance,” the report explained, “all of this is possible without any prior suspicion related to a specific individual or organization. The communications of literally every Internet user are potentially open for inspection by intelligence and law enforcement agencies in the States concerned.”
  • Mass surveillance thus “amounts to a systematic interference with the right to respect for the privacy of communications,” it declared. As a result, “it is incompatible with existing concepts of privacy for States to collect all communications or metadata all the time indiscriminately.” In concluding that mass surveillance impinges core privacy rights, the report was primarily focused on the International Covenant on Civil and Political Rights, a treaty enacted by the General Assembly in 1966, to which all of the members of the “Five Eyes” alliance are signatories. The U.S. ratified the treaty in 1992, albeit with various reservations that allowed for the continuation of the death penalty and which rendered its domestic law supreme. With the exception of the U.S.’s Persian Gulf allies (Saudi Arabia, UAE and Qatar), virtually every major country has signed the treaty. Article 17 of the Covenant guarantees the right of privacy, the defining protection of which, the report explained, is “that individuals have the right to share information and ideas with one another without interference by the State, secure in the knowledge that their communication will reach and be read by the intended recipients alone.”
  • The report’s key conclusion is that this core right is impinged by mass surveillance programs: “Bulk access technology is indiscriminately corrosive of online privacy and impinges on the very essence of the right guaranteed by article 17. In the absence of a formal derogation from States’ obligations under the Covenant, these programs pose a direct and ongoing challenge to an established norm of international law.” The report recognized that protecting citizens from terrorism attacks is a vital duty of every state, and that the right of privacy is not absolute, as it can be compromised when doing so is “necessary” to serve “compelling” purposes. It noted: “There may be a compelling counter-terrorism justification for the radical re-evaluation of Internet privacy rights that these practices necessitate. ” But the report was adamant that no such justifications have ever been demonstrated by any member state using mass surveillance: “The States engaging in mass surveillance have so far failed to provide a detailed and evidence-based public justification for its necessity, and almost no States have enacted explicit domestic legislation to authorize its use.”
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  • Instead, explained the Rapporteur, states have relied on vague claims whose validity cannot be assessed because of the secrecy behind which these programs are hidden: “The arguments in favor of a complete abrogation of the right to privacy on the Internet have not been made publicly by the States concerned or subjected to informed scrutiny and debate.” About the ongoing secrecy surrounding the programs, the report explained that “states deploying this technology retain a monopoly of information about its impact,” which is “a form of conceptual censorship … that precludes informed debate.” A June report from the High Commissioner for Human Rights similarly noted “the disturbing lack of governmental transparency associated with surveillance policies, laws and practices, which hinders any effort to assess their coherence with international human rights law and to ensure accountability.” The rejection of the “terrorism” justification for mass surveillance as devoid of evidence echoes virtually every other formal investigation into these programs. A federal judge last December found that the U.S. Government was unable to “cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack.” Later that month, President Obama’s own Review Group on Intelligence and Communications Technologies concluded that mass surveillance “was not essential to preventing attacks” and information used to detect plots “could readily have been obtained in a timely manner using conventional [court] orders.”
  • Three Democratic Senators on the Senate Intelligence Committee wrote in The New York Times that “the usefulness of the bulk collection program has been greatly exaggerated” and “we have yet to see any proof that it provides real, unique value in protecting national security.” A study by the centrist New America Foundation found that mass metadata collection “has had no discernible impact on preventing acts of terrorism” and, where plots were disrupted, “traditional law enforcement and investigative methods provided the tip or evidence to initiate the case.” It labeled the NSA’s claims to the contrary as “overblown and even misleading.” While worthless in counter-terrorism policies, the UN report warned that allowing mass surveillance to persist with no transparency creates “an ever present danger of ‘purpose creep,’ by which measures justified on counter-terrorism grounds are made available for use by public authorities for much less weighty public interest purposes.” Citing the UK as one example, the report warned that, already, “a wide range of public bodies have access to communications data, for a wide variety of purposes, often without judicial authorization or meaningful independent oversight.”
  • The report was most scathing in its rejection of a key argument often made by American defenders of the NSA: that mass surveillance is justified because Americans are given special protections (the requirement of a FISA court order for targeted surveillance) which non-Americans (95% of the world) do not enjoy. Not only does this scheme fail to render mass surveillance legal, but it itself constitutes a separate violation of international treaties (emphasis added): The Special Rapporteur concurs with the High Commissioner for Human Rights that where States penetrate infrastructure located outside their territorial jurisdiction, they remain bound by their obligations under the Covenant. Moreover, article 26 of the Covenant prohibits discrimination on grounds of, inter alia, nationality and citizenship. The Special Rapporteur thus considers that States are legally obliged to afford the same privacy protection for nationals and non-nationals and for those within and outside their jurisdiction. Asymmetrical privacy protection regimes are a clear violation of the requirements of the Covenant.
  • That principle — that the right of internet privacy belongs to all individuals, not just Americans — was invoked by NSA whistleblower Edward Snowden when he explained in a June, 2013 interview at The Guardian why he disclosed documents showing global surveillance rather than just the surveillance of Americans: “More fundamentally, the ‘US Persons’ protection in general is a distraction from the power and danger of this system. Suspicionless surveillance does not become okay simply because it’s only victimizing 95% of the world instead of 100%.” The U.N. Rapporteur was clear that these systematic privacy violations are the result of a union between governments and tech corporations: “States increasingly rely on the private sector to facilitate digital surveillance. This is not confined to the enactment of mandatory data retention legislation. Corporates [sic] have also been directly complicit in operationalizing bulk access technology through the design of communications infrastructure that facilitates mass surveillance. ”
  • The latest finding adds to the growing number of international formal rulings that the mass surveillance programs of the U.S. and its partners are illegal. In January, the European parliament’s civil liberties committee condemned such programs in “the strongest possible terms.” In April, the European Court of Justice ruled that European legislation on data retention contravened EU privacy rights. A top secret memo from the GCHQ, published last year by The Guardian, explicitly stated that one key reason for concealing these programs was fear of a “damaging public debate” and specifically “legal challenges against the current regime.” The report ended with a call for far greater transparency along with new protections for privacy in the digital age. Continuation of the status quo, it warned, imposes “a risk that systematic interference with the security of digital communications will continue to proliferate without any serious consideration being given to the implications of the wholesale abandonment of the right to online privacy.” The urgency of these reforms is underscored, explained the Rapporteur, by a conclusion of the United States Privacy and Civil Liberties Oversight Board that “permitting the government to routinely collect the calling records of the entire nation fundamentally shifts the balance of power between the state and its citizens.”
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Tony Blair, "Infanticide Endorser" is Rewarded by "Save The Children" | Global Research - 0 views

www.globalresearch.ca/...5415729 war & peace Blair Save-the-Children Iraq-casualties U.S.-spy-agency-fronts
shared by Paul Merrell on 25 Nov 14 - No Cached
  • When the Orwellian “Middle East Peace Envoy” Tony Blair was named “Philanthropist of the Year” by GQ Magazine in September for “his tireless charitable work” (tell that to the dismembered, dispossessed, traumatized of Iraq, Afghanistan) there was widespread disbelief.
  • When the Orwellian “Middle East Peace Envoy” Tony Blair was named “Philanthropist of the Year” by GQ Magazine in September for “his tireless charitable work” (tell that to the dismembered, dispossessed, traumatized of Iraq, Afghanistan) there was widespread disbelief.
  • On 19th November, though, the Butcher of Baghdad, Dodgy Dossier Master, Sanctions Endorser of an embargo which condemned to death an average of 6,000 children a month according to the UN, was awarded Save The Children’s Global Legacy Award at a Gala Charity at The Plaza in New York.
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  • In both roles he emphatically endorsed the Iraq embargo, thus the silent monthly infanticide. Madeleine Albright in trousers. Iraq’s new born and under fives for her were: “ … a price worth it.” Then came the 2003 dodgy Downing Street dossier used by Colin Powell at the UN for the invasion’s justification, the subsequent perhaps one and a half million deaths in a country where near half the population were children – the rest is holocaustal history. Between Madeleine Albright’s admission (12th May 1996) that “over half a million children had died” and Blair’s tenure between 1997 to the invasion, six years later, a further near half a million children died (do the maths.) Yet Save The Children – whose commitment “No Child Born to Die” is at the top of each page of the charity’s website – honour this tyrant.
  • It has to be hoped that this shameful lauding of a man who should be answering to a Nuremberg model Tribunal and on whom the Chilcot Inquiry is still to release it’s findings, has nothing to do with the fact that the Chief Executive of Save the Children, Justin Forsyth was in 2004: “ … recruited to No 10 (Downing Street) by Tony Blair …” and later became Blair’s successor: “ Gordon Brown’s Strategic Communications and Campaigns Director …” (6)
  • Another Save The Children executive, Chief Financial Officer Sam Aharpe: “worked for nearly 30 years with the UK Government development programme” including under Tony Blair, according to their website – whilst Fergus Drake, Director of Global Programmes since 2009: “Prior to this … worked for the Office of Tony Blair in Rwanda advising President Kagame …” The day after Blair’s Gala Award, Save The Children, with UNICEF and other aid agencies released a statement: “On the 25th anniversary of the Convention on The Rights of the Child – Stepping up the global effort to advance the rights of every child.” The enshrined commitments were: “ … not only to some children, but to all children … not only to advance some of their rights, but all their rights – including their right to survive and to thrive, to grow and to learn, to have their voices heard and heeded, and to be protected from discrimination and violence in all its manifestations.” (7) Irony, chutzpah, hypocrisy eat your hearts out.
  • Of course, as Gaza was decimated again in July and August, defenceless, with no army, navy or air force, resulting in over 2,000 deaths, including nearly 500 children, the Middle East “Peace Envoy” fled his posh pad in Jerusalem and gave a two month early “surprise birthday party” for his wife in one of his seven UK mansions, safely out of the firing line – and said nothing about saving the children, or indeed anyone else. He has subsequently been silent about Gaza’s 475,000 souls living in emergency conditions, 17,200 destroyed homes and 244 damaged schools (8.) Incidentally, if you are considering donating to Save the Children or buying their Christmas cards, give generously. Mr Forsyth and his colleagues struggle along on about 160 thousand pounds a year and the Chief Executive makes do on 234 pounds annually (9.)
  • Children saving seems to be somewhat selective at this agency which operates in “more than 120 countries.” For example, in November 2003, the Guardian reported that: “Senior figures at Save the Children US . . . demanded the withdrawal of the criticism and an effective veto on any future statements blaming the invasion for the plight of Iraqi civilians’ suffering malnourishment and shortages of medical supplies.” Fast forward to the run up to another US extrajudicial assassination of the man purported to be Osama bin Laden in May 2011 in Abbottabad, Pakistan. Save The Children: “had been under suspicion from authorities ever since a doctor accused of assisting the CIA in its search for the al-Qaida leader claimed that Save the Children had introduced him to US intelligence officers.” (11.) Dr Shakil Afridi, currently serving 33 years in jail was: “accused of setting up a bogus hepatitis B vaccination campaign in the Abbottabad area to try to pinpoint Bin Laden’s exact location”, via DNA samples which: “were to be tested by the CIA for genetic matches to Bin Laden.”
  • Whilst: “Afridi never succeeded in persuading (people) to give blood, his collaboration with a foreign intelligence service is regarded as an act of treason by Pakistan’s security establishment.” Save The Children which emphatically denied employing or paying Dr Afridi or indeed having a vaccination programme in Abbottabad were nevertheless expelled from Pakistan in September 2012. In spite of denials, internal mails on the dispute obtained by the Center for Investigative Reporting in Pakistan (12) which can be read in full (13) make interesting reading.
  • A relatively recent Save The Children initiative has been to appoint Samantha Cameron, wife of current UK Prime Minister David Cameron as their “Ambassador” for Syria. Since the organization cannot work in Syria, she has brought stories of “innocent childhoods being smashed to pieces” from neighbouring countries. Of course Britain under Cameron is arming and training the Syrian insurgents. (14.) Cameron is a Blair admirer, on record as taking his advice. “Peace Envoy” Blair is on record as enthusiast for another illegal overthrow in Syria with “no regrets” over Iraq.
  • As the fury mounts over Blair’s Award and Christmas approaches, Denis Halliday, former UN Coordinator in Iraq who resigned over the embargo during Blair’s premiership stating that it was “genocide”, reminded me of Christmas 1998 when Blair stood in front of his Christmas tree outside 10 Downing Street and declared that the UK and US were again (illegally of course) bombing Iraq. During this further blitz, Halliday’s successor, Hans von Sponeck, who was also to resign in disgust, was sleeping on the floor in the UN building in Baghdad, with his staff and families, the building was further out of town and seemed safer for those who took rescue. So as Save The Children lauds Blair and trumpets the Rights of the Child, perhaps they should reflect the horror he has wrought. In Iraq one in four surviving children now has stunted physical or intellectual development due to malnutrition. There are an estimated 35,000 infant deaths annually, over a quarter of Iraqi children, three million, suffer post traumatic stress disorder. (War Child: “Mission Unaccomplished”, 2013.)
  • Paul Merrell on 25 Nov 14
     
    Another "charity" to cross-out from your charitable contributions list of candidates.
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Apartheid Forever: Israel's Netanyahu rules out Palestinian Citizenship Rights | Inform... - 0 views

www.juancole.com/...d-palestinian-citizenship.html war & peace Israel Palestinian statelessness Netanyahu 2-state-solution
shared by Paul Merrell on 17 Mar 15 - No Cached
  • Israeli Prime Minister Binyamin Netanyahu, under extreme pressure over the real possibility that he will lose the March 17 elections, has made a powerful appeal to his far right wing constituency by openly admitting that he will never allow a Palestinian state and that he intends to flood Israeli squatters into East Jerusalem and its environs to make sure this Occupied territory never returns to the Palestinians.Millions of Palestinians whose families were violently expelled from their homes by Jewish settlers in Mandate Palestine in 1947-48 remain stateless. These include the people of Gaza, the West Bank (four million) and a million or more in diasporas in Lebanon, Syria, and other countries. A million Palestinians are now citizens in Israel, and others have rights of citizenship in far-flung places like Chile and Honduras, as well as the United States. But I figure five million at least remain stateless.
  • Statelessness is rare in today’s world, a result of reforms initiated by the international community after the horrors of World War II and its preceding decades. Franco rendered many on the Spanish Left stateless after his victory in the Civil War in 1939 (not to mention massacring tens of thousands of them). The White Russians lost citizenship after their revolt against the Communists failed. The Nazis took citizenship rights away from Jews, Gypsies and others in Europe. In fact, the Holocaust was made practically possible in part by the denial of citizenship to Jews, which left them with no access to courts or other levers of social power that might have combated the monstrous Nazi plans for genocide. Millions were stateless in the 1930s and 1940s, and their lack of citizenship rights often exposed them to ethnic cleansing or loss of property and displacement.
  • The Palestinians are the last major stateless population. Stateless people do not have rights as most people understand the term. Their situation in some ways resembles slavery, since slaves also were denied the rights of citizenship. Stateless people’s property is insecure, since people with citizenship rights have better access to courts and to ruling authorities. Palestinians never really know what they own, and Israeli squatters routinely steal their property with impunity. Squatters dig tube wells deeper than those of the Palestinian villagers, lowering aquifers and causing Palestinian wells to dry up. Squatters go on wilding attacks, chopping down entire olive orchards (a prime source of Palestinian income) or beating up Palestinians. If Palestinians assemble peacefully to protest the loss of their farms to ever-expanding squatter settlements, the Israel army arrests them, including, often, children, who are taken away from their families and put in jail. Palestinians can be held for long periods without being charged. The prisoners are sometimes tortured.
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  • Netanyahu and the Israeli right-of-center say they want to keep Palestinians homeless and without citizenship rights in a state because they fear a Palestinian state will make claims on Israel and present a security challenge. Netanyahu said Sunday that if Israel relinquished the West Bank it would become a bastion of Muslim radicalism (but West Bankers are substantially more secular than the Jewish population of West Jerusalem).But in fact, Netanyahu and the right are dedicated to Greater Israel, to annexing the West Bank territory and finding a way to expel the Palestinians from it. The Palestinians are not a security challenge– they are like the guard at a bank getting in the way of bank robbers. The bank robbers feel a need to knock him out or kill him, remove him from the scene.
  • ut it is shameful to have Israel preside over 4 million stateless people forever. This is Apartheid. And Netanyahu has just made Apartheid the official policy of Israel, just as South African leader P.W. Botha dedicated himself to making black South Africans stateless and without the rights of citizenship. The only fig leaf Israel had for its Apartheid was the farce of the “peace process” and a pro forma ritual invocation of a “future Palestinian state.” Now Netanyahu has ripped off the fig leaf and stands naked before the world. Botha was called by his victims the “Great Crocodile.” It would be better epithet for Netanyahu than “Bibi.”
  • Paul Merrell on 17 Mar 15
     
    Under article 15 of the 1948 Universal Declaration of Human Rights, a treaty that Israel ratified: "(1) Everyone has the right to a nationality. "(2) No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality."  
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