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Gary Edwards

Liberty's backlash -- why we should be grateful to Edward Snowden | Fox News - 1 views

www.foxnews.com/...-be-grateful-to-edward-snowden

Judge-Andrew-Napolitano NSA NSA-Patriot-Act-NDAA NSA-Whistleblower Edward-Snowden

shared by Gary Edwards on 01 Aug 13 - No Cached
  • Gary Edwards on 01 Aug 13
     
    Liberty's backlash -- why we should be grateful to Edward Snowden By Judge Andrew P. Napolitano Published August 01, 2013 FoxNews.com Last week, Justin Amash, the two-term libertarian Republican congressman from Michigan, joined with John Conyers, the 25-term liberal Democratic congressman from the same state, to offer an amendment to legislation funding the National Security Agency (NSA). If enacted, the Amash-Conyers amendment would have forced the government's domestic spies when seeking search warrants to capture Americans' phone calls, texts and emails first to identify their targets and produce evidence of their terror-related activities before a judge may issue a warrant. The support they garnered had a surprising result that stunned the Washington establishment. It almost passed. The final vote, in which the Amash-Conyers amendment was defeated by 205 to 217, was delayed for a few hours by the House Republican leadership, which opposed the measure. The Republican leadership team, in conjunction with President Obama and House Minority Leader Nancy Pelosi, needed more time for arm-twisting so as to avoid a humiliating loss. But the House rank-and-file did succeed in sending a message to the big-government types in both parties: Nearly half of the House of Representatives has had enough of government spying and then lying about it, and understands that spying on every American simply cannot withstand minimal legal scrutiny or basic constitutional analysis. The president is deeply into this and no doubt wishes he wasn't. He now says he welcomed the debate in the House on whether his spies can have all they want from us or whether they are subject to constitutional requirements for their warrants. Surely he knows that the Supreme Court has ruled consistently since the time of the Civil War that the government is always subject to the Constitution, wherever it goes and whatever it does. As basic as that sounds, it is not a universally held belief am
Paul Merrell

After Atlanta raid tragedy, new scrutiny of police tactics - CSMonitor.com - 0 views

www.csmonitor.com/...p03s03-ussc.html

security state police no-knock-warrants SWAT-teams

shared by Paul Merrell on 13 Oct 13 - No Cached
  • The number of no-knock raids has increased from 3,000 in 1981 to more than 50,000 last year, according to Peter Kraska, a criminologist at Eastern Kentucky University in Richmond.
  • The legal precept for knocking before entering goes back to the Middle Ages. But US courts have allowed no-knock raids, with some limits. In June, the Supreme Court upheld a previous no-knock decision that said police should wait at least 15 seconds for an occupant to answer before bursting through the door. (A longer wait might give a drug dealer time to flush evidence down the toilet.) But in the same decision, the court decided by a 5-to-4 vote to allow evidence gained in raids that used less time than that.The upshot, says Mr. Moran, who argued that case for the plaintiff in front of the Supreme Court, is that "we'll see a lot more of these [no-knock] raids in the future."
Paul Merrell

ICC Threats: Worst-Case Scenario for Israel and PA - Global Agenda - News - Arutz Sheva - 0 views

www.israelnationalnews.com/...189378

war & peace Israel Palestine ICC Shurat-HaDin lawfare

shared by Paul Merrell on 07 Jan 15 - No Cached
  • Abbas pledged to join the ICC and lodge charges against Israel there. On Wednesday evening he took the first step, signing the request along with applications to join 20 other international conventions during a meeting broadcast live on PA television, despite US criticism. Speaking to Arutz Sheva, Shurat Hadin legal center's director Nitsana Darshan-Leitner said that if Abbas follows through on his threats, the PA's case would likely center around alleged war crimes committed by the IDF during the past summer's war with Gazan terrorists, as well as "settlement-building" - a euphemism for any Jewish communities built in Judea, Samaria, and large parts of Jerusalem. The veteran attorney and legal campaigner warns that if such a case is launched the prospects for Israel are bleak. "Israel will of course try to defend itself, but chances are they will lose. And if they lose and they're convicted for war crimes, it would be a game-changer. It would drop Israel to the bottom tier internationally," she said.
  • The ICC has faced serious criticism over the years for only focusing on "third-world" countries, and particularly the African continent, (since its founding in 1998 all eight cases handled by the ICC have been in African states,) and there is heavy pressure for the court to also try a "western" or allied country as well to dispel those allegations. "They need to take a different type of case, and they would gladly take upon themselves the Arab-Israeli conflict... it's a more interesting and sexier issue to be involved with, and there is tremendous pressure from countries all over the world for the court to get involved." Despite that pressure, until now the ICC has been unable to get involved due to a lack of jurisdiction.
  • But could the move be a blessing in disguise, providing Israel with an opportunity to decisively knock down the many allegations against it in the international arena - including both the legality of "settlements" and alleged war crimes - once and for all? "No, this is a biased court," Darshan-Leitner answers bluntly. "Of course Israel will bring international legal experts and explain why the territories (Judea-Samaria) are only disputed, not occupied, and how Jordan never had a right to them in the first place, for example - but Europe, and many other countries, have a different perspective," and it's from that political perspective that the ICC will analyse the case. "Once Israel is charged with war crimes it's the 'end of the game' - that's why Israel should do whatever it can not to be charged." If found guilty, "Israel would have to extradite to the court those individuals or officials, IDF commanders, etc, who will be individually charged for war crimes. Israel will obviously refuse to do so - Israel is not insane, so it's not going to extradite its own people to be blamed for war crimes - and then as a result Israel will be sanctioned... then there will be a real boycott against Israel from the court's member states.
  • ...4 more annotations...
  • Speaking to Arutz Sheva, Shurat Hadin legal center's director Nitsana Darshan-Leitner said that if Abbas follows through on his threats, the PA's case would likely center around alleged war crimes committed by the IDF during the past summer's war with Gazan terrorists, as well as "settlement-building" - a euphemism for any Jewish communities built in Judea, Samaria, and large parts of Jerusalem. The veteran attorney and legal campaigner warns that if such a case is launched the prospects for Israel are bleak. "Israel will of course try to defend itself, but chances are they will lose. And if they lose and they're convicted for war crimes, it would be a game-changer. It would drop Israel to the bottom tier internationally," she said. Darshan-Leitner emphasizes that her pessimistic prediction is not borne out of a lack of confidence in Israel's legal position. On the contrary, she believes Israel can - and would - make a very strong defense case on either issue were it forced to do so. The problem, she says, is a political one.
  • "In addition, the court will issue arrest warrants against those individuals; Interpol will make it international and those people won't be able to leave the country - it will snowball." There is hope, however. If the ICC is Abbas's "doomsday weapon", Israel's hope lies in deterrence. "That's what were working on."
  • Indeed, Shurat HaDin has already threatened a "tsunami" of prosecutions if the PA chooses to file charges against Israel at the ICC. The NGO has already made good on its threats following unilateral actions by the PA in recent months, launching charges against Mahmoud Abbas himself as well as Hamas's Qatar-based terror chief Khaled Meshaal - both of whom are Jordanian citizens and thus already covered by the ICC's jurisdiction. Should the PA succeed in joining the Court, Shurat HaDin is already preparing a long list of other Palestinian leaders to target with a wide range of charges. "It could be crimes committed during the Intifada against Israelis - all the suicide bombings, all the drive-by shooting attacks. All the heads of the different armed factions have superior liability over what was done by their forces," Darshan-Leitner explains. "And there are also crimes committed against the Palestinian people themselves," from torture to public executions and the use of human shields, she adds. But won't the ICC just dismiss such cases for the same political reasons she cited?
  • "Nobody knows for sure - and that's why it's a deterrent for the Palestinians, because they don't know how the court will take these cases. I find it hard to believe though that the court would agree to prosecute Israel and not the Palestinians." But she cautions that, even though Palestinian leaders will also likely end up in the dock, it wouldn't undo the damage done to Israel. Short of coaxing the Palestinian Authority back to the negotiating table, the only way to stave off an ICC prosecution would be via a combination of threats of counter-prosecution, and concerted political pressure. "The US has threatened to cut all funding to the PA and even UNRWA if they go through with such a move, and obviously Israel will cut off all funding as well," she notes. "And the Palestinian Authority relies almost entirely on American and Israeli funding." The many vocal backers of the PA such as Arab states and the European Union have a poor track record of coughing up the goods, "so if that happens it will essentially collapse." With those considerations in mind, an ICC prosecution is Abbas's "weapon of last resort." And it appears the only real deterrent Israel currently holds in the threat of mutually-assured destruction.
  • Paul Merrell on 07 Jan 15
     
    Note that according to a leaked U.S. State Dept. cable on Wikileaks, Ms. Darshan-Leitner confessed to officials of the U.S. Embassy that Shurat HaDin has "accepted direction" from the Israeli government and works closely with Mossad. https://cablegatesearch.wikileaks.org/cable.php?id=07TELAVIV2636
Paul Merrell

Ferguson Police Militarization: Cash Flowed To Lawmakers Who Voted To 'Militarize' Police - 0 views

www.ibtimes.com/oted-militarize-police-1659804

war & peace police-militarization corruption Congress

shared by Paul Merrell on 23 Aug 14 - No Cached
  • As local law enforcement has deployed martial tactics against those protesting the police killing of an 18-year-old in Ferguson, Missouri, a debate is suddenly raging over how municipal police forces came to resemble military units. A new report suggests the trend may, in part, have to do with campaign contributions to congressional lawmakers. At issue is the federal government’s so-called 1033 Program, which permits the Pentagon to give military hardware to local police departments. 
  • The group’s new report looked at a June congressional vote on legislation, offered by U.S. Rep. Alan Grayson, D-Fla., that would have blocked the Pentagon from spending resources on transferring military hardware to local police agencies. The bill was defeated 62-355.  According to data compiled by Maplight, the lawmakers “voting to continue funding the 1033 Program have received, on average, 73 percent more money from the defense industry than representatives voting to defund it.” In all, the average lawmaker voting against the bill received more than $50,000 in campaign donations from the defense industry in the last two years. The report also found that of the 59 lawmakers who received more than $100,000  from defense contractors in the last two years, only four voted for Grayson’s legislation. Though thought of as a political force primarily in federal policymaking, the defense industry also spends on state politics, which influences law enforcement procurement decisions. According to data compiled by the National Institute for Money in State Politics, more than $8 million of campaign contributions has been dumped into state elections in the last decade by military contractors and their employees.
  • Police officials say the equipment helps them better secure local communities. By contrast groups such as the American Civil Liberties Union have recently launched a national campaign to demilitarize local police departments. That campaign got a boost this week when Republican Sen. Rand Paul of Kentucky, a prospective 2016 presidential candidate, published an editorial in Time magazine echoing the ACLU’s message in the wake of the Ferguson shooting.  “When you couple this militarization of law enforcement with an erosion of civil liberties and due process that allows the police to become judge and jury — national security letters, no-knock searches, broad general warrants, pre-conviction forfeiture — we begin to have a very serious problem on our hands,” he wrote.
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