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Gary Edwards

XKeyscore: NSA tool collects 'nearly everything a user does on the internet' | World ne... - 1 views

  • The latest revelations will add to the intense public and congressional debate around the extent of NSA surveillance programs. They come as senior intelligence officials testify to the Senate judiciary committee on Wednesday, releasing classified documents in response to the Guardian's earlier stories on bulk collection of phone records and Fisa surveillance court oversight.
  • The files shed light on one of Snowden's most controversial statements, made in his first video interview published by the Guardian on June 10
  • "I, sitting at my desk," said Snowden, could "wiretap anyone, from you or your accountant, to a federal judge or even the president, if I had a personal email".
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  • US officials vehemently denied this specific claim. Mike Rogers, the Republican chairman of the House intelligence committee, said of Snowden's assertion: "He's lying. It's impossible for him to do what he was saying he could do."
  • But training materials for XKeyscore detail how analysts can use it and other systems to mine enormous agency databases by filling in a simple on-screen form giving only a broad justification for the search. The request is not reviewed by a court or any NSA personnel before it is processed.
  • XKeyscore, the documents boast, is the NSA's "widest reaching" system developing intelligence from computer networks – what the agency calls Digital Network Intelligence (DNI). One presentation claims the program covers "nearly everything a typical user does on the internet", including the content of emails, websites visited and searches, as well as their metadata.
  • Analysts can also use XKeyscore and other NSA systems to obtain ongoing "real-time" interception of an individual's internet activity.
  • Under US law, the NSA is required to obtain an individualized Fisa warrant only if the target of their surveillance is a 'US person', though no such warrant is required for intercepting the communications of Americans with foreign targets.
  • But XKeyscore provides the technological capability, if not the legal authority, to target even US persons for extensive electronic surveillance without a warrant provided that some identifying information, such as their email or IP address, is known to the analyst.
  • One training slide illustrates the digital activity constantly being collected by XKeyscore and the analyst's ability to query the databases at any time.
  • The purpose of XKeyscore is to allow analysts to search the metadata as well as the content of emails and other internet activity, such as browser history, even when there is no known email account (a "selector" in NSA parlance) associated with the individual being targeted.
  • Analysts can also search by name, telephone number, IP address, keywords, the language in which the internet activity was conducted or the type of browser used.
  • One document notes that this is because "strong selection [search by email address] itself gives us only a very limited capability" because "a large amount of time spent on the web is performing actions that are anonymous."
  • Email monitoring
  • One top-secret document describes how the program "searches within bodies of emails, webpages and documents", including the "To, From, CC, BCC lines" and the 'Contact Us' pages on websites".
  • To search for emails, an analyst using XKS enters the individual's email address into a simple online search form, along with the "justification" for the search and the time period for which the emails are sought.
  • One document, a top secret 2010 guide describing the training received by NSA analysts for general surveillance under the Fisa Amendments Act of 2008, explains that analysts can begin surveillance on anyone by clicking a few simple pull-down menus designed to provide both legal and targeting justifications.
  • Once options on the pull-down menus are selected, their target is marked for electronic surveillance and the analyst is able to review the content of their communications:
  • Chats, browsing history and other internet activity
  • Beyond emails, the XKeyscore system allows analysts to monitor a virtually unlimited array of other internet activities, including those within social media.
  • An NSA tool called DNI Presenter, used to read the content of stored emails, also enables an analyst using XKeyscore to read the content of Facebook chats or private messages.
  • The XKeyscore program also allows an analyst to learn the IP addresses of every person who visits any website the analyst specifies.
  • The quantity of communications accessible through programs such as XKeyscore is staggeringly large. One NSA report from 2007 estimated that there were 850bn "call events" collected and stored in the NSA databases, and close to 150bn internet records. Each day, the document says, 1-2bn records were added.
  • William Binney, a former NSA mathematician, said last year that the agency had "assembled on the order of 20tn transactions about US citizens with other US citizens", an estimate, he said, that "only was involving phone calls and emails". A 2010 Washington Post article reported that "every day, collection systems at the [NSA] intercept and store 1.7bn emails, phone calls and other type of communications."
  • The ACLU's deputy legal director, Jameel Jaffer, told the Guardian last month that national security officials expressly said that a primary purpose of the new law was to enable them to collect large amounts of Americans' communications without individualized warrants.
  • "The government doesn't need to 'target' Americans in order to collect huge volumes of their communications," said Jaffer. "The government inevitably sweeps up the communications of many Americans" when targeting foreign nationals for surveillance.
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    "One presentation claims the XKeyscore program covers 'nearly everything a typical user does on the internet' ................................................................. A top secret National Security Agency program allows analysts to search with no prior authorization through vast databases containing emails, online chats and the browsing histories of millions of individuals, according to documents provided by whistleblower Edward Snowden. The NSA boasts in training materials that the program, called XKeyscore, is its "widest-reaching" system for developing intelligence from the internet. The latest revelations will add to the intense public and congressional debate around the extent of NSA surveillance programs. They come as senior intelligence officials testify to the Senate judiciary committee on Wednesday, releasing classified documents in response to the Guardian's earlier stories on bulk collection of phone records and Fisa surveillance court oversight. The files shed light on one of Snowden's most controversial statements, made in his first video interview published by the Guardian on June 10. "I, sitting at my desk," said Snowden, could "wiretap anyone, from you or your accountant, to a federal judge or even the president, if I had a personal email". US officials vehemently denied this specific claim. Mike Rogers, the Republican chairman of the House intelligence committee, said of Snowden's assertion: "He's lying. It's impossible for him to do what he was saying he could do." But training materials for XKeyscore detail how analysts can use it and other systems to mine enormous agency databases by filling in a simple on-screen form giving only a broad justification for the search. The request is not reviewed by a court or any NSA personnel before it is processed. XKeyscore, the documents boast, is the NSA's "widest reaching" system developing intelligence from computer networks - what the agency calls Digital Network Intelligence (DNI). One
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    "But training materials for XKeyscore detail how analysts can use it and other systems to mine enormous agency databases by filling in a simple on-screen form giving only a broad justification for the search. The request is not reviewed by a court or any NSA personnel before it is processed. " Note in that regard that Snowden said in an earlier interview that use of this system rarely was audited and that when audited, the most common request if changes were requested was to beef up the justification for the search. The XScore system puts the lie to just about everything the Administration has claimed about intense oversight by all three branches of federal government and about not reading emails or listening to (Skype) phone calls. The lies keep stacking up in an ever-deepening pile.
Paul Merrell

Edward Snowden: A 'Nation' Interview | The Nation - 0 views

  • Snowden: That’s the key—to maintain the garden of liberty, right? This is a generational thing that we must all do continuously. We only have the rights that we protect. It doesn’t matter what we say or think we have. It’s not enough to believe in something; it matters what we actually defend. So when we think in the context of the last decade’s infringements upon personal liberty and the last year’s revelations, it’s not about surveillance. It’s about liberty. When people say, “I have nothing to hide,” what they’re saying is, “My rights don’t matter.” Because you don’t need to justify your rights as a citizen—that inverts the model of responsibility. The government must justify its intrusion into your rights. If you stop defending your rights by saying, “I don’t need them in this context” or “I can’t understand this,” they are no longer rights. You have ceded the concept of your own rights. You’ve converted them into something you get as a revocable privilege from the government, something that can be abrogated at its convenience. And that has diminished the measure of liberty within a society.
  • From the very beginning, I said there are two tracks of reform: there’s the political and the technical. I don’t believe the political will be successful, for exactly the reasons you underlined. The issue is too abstract for average people, who have too many things going on in their lives. And we do not live in a revolutionary time. People are not prepared to contest power. We have a system of education that is really a sort of euphemism for indoctrination. It’s not designed to create critical thinkers. We have a media that goes along with the government by parroting phrases intended to provoke a certain emotional response—for example, “national security.” Everyone says “national security” to the point that we now must use the term “national security.” But it is not national security that they’re concerned with; it is state security. And that’s a key distinction. We don’t like to use the phrase “state security” in the United States because it reminds us of all the bad regimes. But it’s a key concept, because when these officials are out on TV, they’re not talking about what’s good for you. They’re not talking about what’s good for business. They’re not talking about what’s good for society. They’re talking about the protection and perpetuation of a national state system. I’m not an anarchist. I’m not saying, “Burn it to the ground.” But I’m saying we need to be aware of it, and we need to be able to distinguish when political developments are occurring that are contrary to the public interest. And that cannot happen if we do not question the premises on which they’re founded. And that’s why I don’t think political reform is likely to succeed. [Senators] Udall and Wyden, on the intelligence committee, have been sounding the alarm, but they are a minority.
  • The Nation: Every president—and this seems to be confirmed by history—will seek to maximize his or her power, and will see modern-day surveillance as part of that power. Who is going to restrain presidential power in this regard? Snowden: That’s why we have separate and co-equal branches. Maybe it will be Congress, maybe not. Might be the courts, might not. But the idea is that, over time, one of these will get the courage to do so. One of the saddest and most damaging legacies of the Bush administration is the increased assertion of the “state secrets” privilege, which kept organizations like the ACLU—which had cases of people who had actually been tortured and held in indefinite detention—from getting their day in court. The courts were afraid to challenge executive declarations of what would happen. Now, over the last year, we have seen—in almost every single court that has had this sort of national-security case—that they have become markedly more skeptical. People at civil-liberties organizations say it’s a sea change, and that it’s very clear judges have begun to question more critically assertions made by the executive. Even though it seems so obvious now, it is extraordinary in the context of the last decade, because courts had simply said they were not the best branch to adjudicate these claims—which is completely wrong, because they are the only nonpolitical branch. They are the branch that is specifically charged with deciding issues that cannot be impartially decided by politicians. The power of the presidency is important, but it is not determinative. Presidents should not be exempted from the same standards of reason and evidence and justification that any other citizen or civil movement should be held to.
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  • The Nation: Explain the technical reform you mentioned. Snowden: We already see this happening. The issue I brought forward most clearly was that of mass surveillance, not of surveillance in general. It’s OK if we wiretap Osama bin Laden. I want to know what he’s planning—obviously not him nowadays, but that kind of thing. I don’t care if it’s a pope or a bin Laden. As long as investigators must go to a judge—an independent judge, a real judge, not a secret judge—and make a showing that there’s probable cause to issue a warrant, then they can do that. And that’s how it should be done. The problem is when they monitor all of us, en masse, all of the time, without any specific justification for intercepting in the first place, without any specific judicial showing that there’s a probable cause for that infringement of our rights.
  • Since the revelations, we have seen a massive sea change in the technological basis and makeup of the Internet. One story revealed that the NSA was unlawfully collecting data from the data centers of Google and Yahoo. They were intercepting the transactions of data centers of American companies, which should not be allowed in the first place because American companies are considered US persons, sort of, under our surveillance authorities. They say, “Well, we were doing it overseas,” but that falls under a different Reagan-era authority: EO 12333, an executive order for foreign-intelligence collection, as opposed to the ones we now use domestically. So this one isn’t even authorized by law. It’s just an old-ass piece of paper with Reagan’s signature on it, which has been updated a couple times since then. So what happened was that all of a sudden these massive, behemoth companies realized their data centers—sending hundreds of millions of people’s communications back and forth every day—were completely unprotected, electronically naked. GCHQ, the British spy agency, was listening in, and the NSA was getting the data and everything like that, because they could dodge the encryption that was typically used. Basically, the way it worked technically, you go from your phone to Facebook.com, let’s say—that link is encrypted. So if the NSA is trying to watch it here, they can’t understand it. But what these agencies discovered was, the Facebook site that your phone is connected to is just the front end of a larger corporate network—that’s not actually where the data comes from. When you ask for your Facebook page, you hit this part and it’s protected, but it has to go on this long bounce around the world to actually get what you’re asking for and go back. So what they did was just get out of the protected part and they went onto the back network. They went into the private network of these companies.
  • The Nation: The companies knew this? Snowden: Companies did not know it. They said, “Well, we gave the NSA the front door; we gave you the PRISM program. You could get anything you wanted from our companies anyway—all you had to do was ask us and we’re gonna give it to you.” So the companies couldn’t have imagined that the intelligence communities would break in the back door, too—but they did, because they didn’t have to deal with the same legal process as when they went through the front door. When this was published by Barton Gellman in The Washington Post and the companies were exposed, Gellman printed a great anecdote: he showed two Google engineers a slide that showed how the NSA was doing this, and the engineers “exploded in profanity.” Another example—one document I revealed was the classified inspector general’s report on a Bush surveillance operation, Stellar Wind, which basically showed that the authorities knew it was unlawful at the time. There was no statutory basis; it was happening basically on the president’s say-so and a secret authorization that no one was allowed to see. When the DOJ said, “We’re not gonna reauthorize this because it is not lawful,” Cheney—or one of Cheney’s advisers—went to Michael Hayden, director of the NSA, and said, “There is no lawful basis for this program. DOJ is not going to reauthorize it, and we don’t know what we’re going to do. Will you continue it anyway on the president’s say-so?” Hayden said yes, even though he knew it was unlawful and the DOJ was against it. Nobody has read this document because it’s like twenty-eight pages long, even though it’s incredibly important.
  • The big tech companies understood that the government had not only damaged American principles, it had hurt their businesses. They thought, “No one trusts our products anymore.” So they decided to fix these security flaws to secure their phones. The new iPhone has encryption that protects the contents of the phone. This means if someone steals your phone—if a hacker or something images your phone—they can’t read what’s on the phone itself, they can’t look at your pictures, they can’t see the text messages you send, and so forth. But it does not stop law enforcement from tracking your movements via geolocation on the phone if they think you are involved in a kidnapping case, for example. It does not stop law enforcement from requesting copies of your texts from the providers via warrant. It does not stop them from accessing copies of your pictures or whatever that are uploaded to, for example, Apple’s cloud service, which are still legally accessible because those are not encrypted. It only protects what’s physically on the phone. This is purely a security feature that protects against the kind of abuse that can happen with all these things being out there undetected. In response, the attorney general and the FBI director jumped on a soap box and said, “You are putting our children at risk.”
  • The Nation: Is there a potential conflict between massive encryption and the lawful investigation of crimes? Snowden: This is the controversy that the attorney general and the FBI director were trying to create. They were suggesting, “We have to be able to have lawful access to these devices with a warrant, but that is technically not possible on a secure device. The only way that is possible is if you compromise the security of the device by leaving a back door.” We’ve known that these back doors are not secure. I talk to cryptographers, some of the leading technologists in the world, all the time about how we can deal with these issues. It is not possible to create a back door that is only accessible, for example, to the FBI. And even if it were, you run into the same problem with international commerce: if you create a device that is famous for compromised security and it has an American back door, nobody is gonna buy it. Anyway, it’s not true that the authorities cannot access the content of the phone even if there is no back door. When I was at the NSA, we did this every single day, even on Sundays. I believe that encryption is a civic responsibility, a civic duty.
  • The Nation: Some years ago, The Nation did a special issue on patriotism. We asked about a hundred people how they define it. How do you define patriotism? And related to that, you’re probably the world’s most famous whistleblower, though you don’t like that term. What characterization of your role do you prefer? Snowden: What defines patriotism, for me, is the idea that one rises to act on behalf of one’s country. As I said before, that’s distinct from acting to benefit the government—a distinction that’s increasingly lost today. You’re not patriotic just because you back whoever’s in power today or their policies. You’re patriotic when you work to improve the lives of the people of your country, your community and your family. Sometimes that means making hard choices, choices that go against your personal interest. People sometimes say I broke an oath of secrecy—one of the early charges leveled against me. But it’s a fundamental misunderstanding, because there is no oath of secrecy for people who work in the intelligence community. You are asked to sign a civil agreement, called a Standard Form 312, which basically says if you disclose classified information, they can sue you; they can do this, that and the other. And you risk going to jail. But you are also asked to take an oath, and that’s the oath of service. The oath of service is not to secrecy, but to the Constitution—to protect it against all enemies, foreign and domestic. That’s the oath that I kept, that James Clapper and former NSA director Keith Alexander did not. You raise your hand and you take the oath in your class when you are on board. All government officials are made to do it who work for the intelligence agencies—at least, that’s where I took the oath.
  • The Nation: Creating a new system may be your transition, but it’s also a political act. Snowden: In case you haven’t noticed, I have a somewhat sneaky way of effecting political change. I don’t want to directly confront great powers, which we cannot defeat on their terms. They have more money, more clout, more airtime. We cannot be effective without a mass movement, and the American people today are too comfortable to adapt to a mass movement. But as inequality grows, the basic bonds of social fraternity are fraying—as we discussed in regard to Occupy Wall Street. As tensions increase, people will become more willing to engage in protest. But that moment is not now.
  • The Nation: You really think that if you could go home tomorrow with complete immunity, there wouldn’t be irresistible pressure on you to become a spokesperson, even an activist, on behalf of our rights and liberties? Indeed, wouldn’t that now be your duty? Snowden: But the idea for me now—because I’m not a politician, and I do not think I am as effective in this way as people who actually prepare for it—is to focus on technical reform, because I speak the language of technology. I spoke with Tim Berners-Lee, the guy who invented the World Wide Web. We agree on the necessity for this generation to create what he calls the Magna Carta for the Internet. We want to say what “digital rights” should be. What values should we be protecting, and how do we assert them? What I can do—because I am a technologist, and because I actually understand how this stuff works under the hood—is to help create the new systems that reflect our values. Of course I want to see political reform in the United States. But we could pass the best surveillance reforms, the best privacy protections in the history of the world, in the United States, and it would have zero impact internationally. Zero impact in China and in every other country, because of their national laws—they won’t recognize our reforms; they’ll continue doing their own thing. But if someone creates a reformed technical system today—technical standards must be identical around the world for them to function together.
  • As for labeling someone a whistleblower, I think it does them—it does all of us—a disservice, because it “otherizes” us. Using the language of heroism, calling Daniel Ellsberg a hero, and calling the other people who made great sacrifices heroes—even though what they have done is heroic—is to distinguish them from the civic duty they performed, and excuses the rest of us from the same civic duty to speak out when we see something wrong, when we witness our government engaging in serious crimes, abusing power, engaging in massive historic violations of the Constitution of the United States. We have to speak out or we are party to that bad action.
  • The Nation: Considering your personal experience—the risks you took, and now your fate here in Moscow—do you think other young men or women will be inspired or discouraged from doing what you did? Snowden: Chelsea Manning got thirty-five years in prison, while I’m still free. I talk to people in the ACLU office in New York all the time. I’m able to participate in the debate and to campaign for reform. I’m just the first to come forward in the manner that I did and succeed. When governments go too far to punish people for actions that are dissent rather than a real threat to the nation, they risk delegitimizing not just their systems of justice, but the legitimacy of the government itself. Because when they bring political charges against people for acts that were clearly at least intended to work in the public interest, they deny them the opportunity to mount a public-interest defense. The charges they brought against me, for example, explicitly denied my ability to make a public-interest defense. There were no whistleblower protections that would’ve protected me—and that’s known to everybody in the intelligence community. There are no proper channels for making this information available when the system fails comprehensively.
  • The government would assert that individuals who are aware of serious wrongdoing in the intelligence community should bring their concerns to the people most responsible for that wrongdoing, and rely on those people to correct the problems that those people themselves authorized. Going all the way back to Daniel Ellsberg, it is clear that the government is not concerned with damage to national security, because in none of these cases was there damage. At the trial of Chelsea Manning, the government could point to no case of specific damage that had been caused by the massive revelation of classified information. The charges are a reaction to the government’s embarrassment more than genuine concern about these activities, or they would substantiate what harms were done. We’re now more than a year since my NSA revelations, and despite numerous hours of testimony before Congress, despite tons of off-the-record quotes from anonymous officials who have an ax to grind, not a single US official, not a single representative of the United States government, has ever pointed to a single case of individualized harm caused by these revelations. This, despite the fact that former NSA director Keith Alexander said this would cause grave and irrevocable harm to the nation. Some months after he made that statement, the new director of the NSA, Michael Rogers, said that, in fact, he doesn’t see the sky falling. It’s not so serious after all.
  • The Nation: You also remind us of [Manhattan Project physicist] Robert Oppenheimer—what he created and then worried about. Snowden: Someone recently talked about mass surveillance and the NSA revelations as being the atomic moment for computer scientists. The atomic bomb was the moral moment for physicists. Mass surveillance is the same moment for computer scientists, when they realize that the things they produce can be used to harm a tremendous number of people. It is interesting that so many people who become disenchanted, who protest against their own organizations, are people who contributed something to them and then saw how it was misused. When I was working in Japan, I created a system for ensuring that intelligence data was globally recoverable in the event of a disaster. I was not aware of the scope of mass surveillance. I came across some legal questions when I was creating it. My superiors pushed back and were like, “Well, how are we going to deal with this data?” And I was like, “I didn’t even know it existed.” Later, when I found out that we were collecting more information on American communications than we were on Russian communications, for example, I was like, “Holy shit.” Being confronted with the realization that work you intended to benefit people is being used against them has a radicalizing effect.
  • The Nation: We have a sense, or certainly the hope, we’ll be seeing you in America soon—perhaps sometime after this Ukrainian crisis ends. Snowden: I would love to think that, but we’ve gone all the way up the chain at all the levels, and things like that. A political decision has been made not to irritate the intelligence community. The spy agencies are really embarrassed, they’re really sore—the revelations really hurt their mystique. The last ten years, they were getting the Zero Dark Thirty treatment—they’re the heroes. The surveillance revelations bring them back to Big Brother kind of narratives, and they don’t like that at all. The Obama administration almost appears as though it is afraid of the intelligence community. They’re afraid of death by a thousand cuts—you know, leaks and things like that.
  • The Nation: You’ve given us a lot of time, and we are very grateful, as will be The Nation’s and other readers. But before we end, any more thoughts about your future? Snowden: If I had to guess what the future’s going to look like for me—assuming it’s not an orange jumpsuit in a hole—I think I’m going to alternate between tech and policy. I think we need that. I think that’s actually what’s missing from government, for the most part. We’ve got a lot of policy people, but we have no technologists, even though technology is such a big part of our lives. It’s just amazing, because even these big Silicon Valley companies, the masters of the universe or whatever, haven’t engaged with Washington until recently. They’re still playing catch-up. As for my personal politics, some people seem to think I’m some kind of archlibertarian, a hyper-conservative. But when it comes to social policies, I believe women have the right to make their own choices, and inequality is a really important issue. As a technologist, I see the trends, and I see that automation inevitably is going to mean fewer and fewer jobs. And if we do not find a way to provide a basic income for people who have no work, or no meaningful work, we’re going to have social unrest that could get people killed. When we have increasing production—year after year after year—some of that needs to be reinvested in society. It doesn’t need to be consistently concentrated in these venture-capital funds and things like that. I’m not a communist, a socialist or a radical. But these issues have to be 
addressed.
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    Remarkable interview. Snowden finally gets asked some questions about politics. 
Gary Edwards

Feds confiscate investigative reporter's confidential files during raid | The Daily Caller - 3 views

  • 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.
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    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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    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
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    "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."
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    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.
Gary Edwards

Possible Constitutional Amendments in the event of an Article V Convention of States - ... - 0 views

  • NUMBER ONE: "Section One:   The Constitution of the United States shall be read and interpreted literally.   No words or phrases shall be changed or substituted and no part of the Constitution shall be used to expand or increase Federal Power or Authority beyond that EXPRESSLY granted and enumerated in the Constitution.   The language of the Constitution shall be interpreted according to the definition of words at the time of their inclusion in the Constitution. Section Two:    Congress shall have, by two thirds vote of both the House of Representatives and the Senate, the power to override individual rulings of the Supreme Court of the United States and/or subordinate Federal Courts.   The President shall not have veto authority over Congressional overrides of Federal Court decisions."
  • NUMBER TWO: "Section One:    No person shall be elected to Congress more than once unless serving in Congress at the time of the ratification of this amendment, in which case members of Congress shall be eligible for re-election to their respective seats one time. Section Two:     In the event the Seventeenth Amendment to the Constitution of the United States is repealed members of the Senate of the United States shall serve at the pleasure and discretion of the Legislature of their respective State. Section Three:  Neither Congress, the President, nor any Federal Court shall make any law, rule, regulation, or order that does not apply equally to themselves and all citizens of the United States.   Nor shall Congress, the President, or any Federal Court cause or allow any law, rule, regulation, or order to be made by any agent or agency of the Federal Government that does not apply equally to themselves and all citizens of the United States.
  • Section Four:    Neither Congress nor the President shall receive any publically-funded retirement or benefit beyond appropriate pay not available to all citizens of the United States. Section Five:    Section Four shall not apply to members of Congress or Presidents, serving or retired, at the time of the ratification of this amendment. Section Six:      The President shall be subject to popular recall by his/her constituency.   Within 90 days of the ratification of this amendment Congress shall pass legislation governing the recall of the President.   In the event Congress fails to pass the required legislation within the required 90 days, the President shall be considered to have been recalled and a new election held within 60 days. Section Seven: Members of Congress shall be subject to popular recall by their respective constituencies, unless the Seventeenth Amendment to the Constitution of the United States is repealed, in which case only members of the House of Representatives shall be subject to popular recall.   Within 90 days of the ratification of this amendment each State shall pass legislation governing the recall of its Congressional Delegation.   In the event a State fails to pass the required legislation within the required 90 days, that State's Congressional Delegation shall be considered to have been recalled and new elections held within 60 days."
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  • NUMBER THREE: "Congress shall make and the President shall sign a Balanced Federal Budget every year and before the beginning of the ensuing fiscal year.   In the event Congress and the President fail to make said Balanced Federal Budget before the beginning of the ensuing fiscal year, the last Constitutionally passed and signed Federal Budget shall go into effect and shall be the Federal Budget for the entirety of the ensuing fiscal year.   Balanced shall be defined as expenditures not to exceed revenues except in time of war as declared by Congress.   Revenues shall be defined as monies received; not monies predicted, anticipated, or forecasted.   Unfunded liabilities, obligations, and/or mandates shall be included in the calculation of the Balanced Federal Budget."
  • NUMBER FOUR: "The Fourteenth, Sixteenth, and Seventeenth Amendments to the Constitution of the United States are hereby repealed.   All Federal agencies, programs, laws, rules, regulations, and/or orders created, passed, or handed down as a direct or indirect result of the Fourteenth, Sixteenth, and/or Seventeenth Amendments are hereby stricken from Law, declared null and void, and have no force of effect."
  • NUMBER FIVE: "Section One:     Only persons born of two parents, both of whom are citizens of the United States at the time of the birth of the person, shall be citizens of the United States unless naturalized under the terms and conditions of the Constitution of the United States. Section Two:      Only United States Citizens shall enjoy or receive all rights, benefits, and privileges of United States Citizenship. Section Three:   Non-citizens shall not receive, directly or indirectly, Federal or Constitutional benefits, privileges, or protections."
  • NUMBER SIX:   "The several States are hereby empowered, individually or collectively, to enforce the Constitution of the United States and Federal Law, within their respective borders, regardless of Federal resistance or objections."
  • NUMBER SEVEN:   "Section One:   The Second Amendment to the Constitution of the United States shall be interpreted to mean the FUNDAMENTAL right of individual citizens and/or groups of citizens to keep and bear arms; in their homes and/or other properties, in public and private, and on their persons. Section Two:    Non-citizens and persons convicted of a violent felony by a jury of their peers do not have this right."
  • NUMBER EIGHT: "The First Amendment to the Constitution of the United States shall not be interpreted to prohibit or restrict the peaceful, free exercise or expression of religion, in public or private, or in or on public property."
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    "Possible Constitutional Amendments in the event of an Article V Convention of States Posted by Oren Long on January 12, 2015 at 3:42am in Tea PartyView Discussions ARTICLE V CONVENTION OF STATES; ARE YOU WILLING TO CHANGE THE STATUS QUO IN D.C.?   One of our astute and true conservative members of this site has drafted suggested changes to the Constitution to be proposed in an Article V, Convention of States. I know many of you have seen his postings on here about this issue. Mr. Oren Long is very knowledgeable and well educated and has honorably served our country. He has put a tremendous amount of time and thought into ways to, in his words, "armor and reinforce" the Constitution and return it to its Original Intent, as envisioned by the Founders. Therefore, because I agree with every one of his suggested changes, I am publishing it for him, with his permission. I truly hope that we, as a group, as conservatives and as a people who believe that our country is heading toward disaster, because of the course we are on, I fully endorse his recommended suggestions. I believe that we must take any and every course of action we can to "stop the madness" It is quite long, so PLEASE take the time to read each and every one of them. I am sure that some or many, may have suggestions to this document and they are welcome and open to discussion. If you agree with this, please call your State elected officials and urge them to get on board with an Article V Convention of States. To review or obtain more information of this process, please visit one of these sites:    http://www.conventionofstates.com/           http://www.cosaction.com/              To Whom It May Concern, The following is neither sanctioned by nor proposed by the Article V Convention of States Project.   Rather, it is entirely my work as a volunteer for the Convention of States Project.   To give you an overview of the kinds of amendments that may or may not be consid
Paul Merrell

The "Cuban Twitter" Scam Is a Drop in the Internet Propaganda Bucket - The Intercept - 0 views

  • This week, the Associated Press exposed a secret program run by the U.S. Agency for International Development to create “a Twitter-like Cuban communications network” run through “secret shell companies” in order to create the false appearance of being a privately owned operation. Unbeknownst to the service’s Cuban users was the fact that “American contractors were gathering their private data in the hope that it might be used for political purposes”–specifically, to manipulate those users in order to foment dissent in Cuba and subvert its government. According to top-secret documents published today by The Intercept, this sort of operation is frequently discussed at western intelligence agencies, which have plotted ways to covertly use social media for ”propaganda,” “deception,” “mass messaging,” and “pushing stories.” These ideas–discussions of how to exploit the internet, specifically social media, to surreptitiously disseminate viewpoints friendly to western interests and spread false or damaging information about targets–appear repeatedly throughout the archive of materials provided by NSA whistleblower Edward Snowden. Documents prepared by NSA and its British counterpart GCHQ–and previously published by The Intercept as well as some by NBC News–detailed several of those programs, including a unit devoted in part to “discrediting” the agency’s enemies with false information spread online.
  • he documents in the archive show that the British are particularly aggressive and eager in this regard, and formally shared their methods with their U.S. counterparts. One previously undisclosed top-secret document–prepared by GCHQ for the 2010 annual “SIGDEV” gathering of the “Five Eyes” surveillance alliance comprising the UK, Canada, New Zealand, Australia, and the U.S.–explicitly discusses ways to exploit Twitter, Facebook, YouTube, and other social media as secret platforms for propaganda.
  • The document was presented by GCHQ’s Joint Threat Research Intelligence Group (JTRIG). The unit’s self-described purpose is “using online techniques to make something happen in the real or cyber world,” including “information ops (influence or disruption).” The British agency describes its JTRIG and Computer Network Exploitation operations as a “major part of business” at GCHQ, conducting “5% of Operations.” The annual SIGDEV conference, according to one NSA document published today by The Intercept, “enables unprecedented visibility of SIGINT Development activities from across the Extended Enterprise, Second Party and US Intelligence communities.” The 2009 Conference, held at Fort Meade, included “eighty-six representatives from the wider US Intelligence Community, covering agencies as diverse as CIA (a record 50 participants), the Air Force Research Laboratory and the National Air and Space Intelligence Center.” Defenders of surveillance agencies have often insinuated that such proposals are nothing more than pipe dreams and wishful thinking on the part of intelligence agents. But these documents are not merely proposals or hypothetical scenarios. As described by the NSA document published today, the purpose of SIGDEV presentations is “to synchronize discovery efforts, share breakthroughs, and swap knowledge on the art of analysis.”
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  • (The GCHQ document also describes a practice called “credential harvesting,” which NBC described as an effort to “select journalists who could be used to spread information” that the government wants distributed. According to the NBC report, GCHQ agents would employ “electronic snooping to identify non-British journalists who would then be manipulated to feed information to the target of a covert campaign.” Then, “the journalist’s job would provide access to the targeted individual, perhaps for an interview.” Anonymous sources that NBC didn’t characterize claimed at the time that GCHQ had not employed the technique.) Whether governments should be in the business of publicly disseminating political propaganda at all is itself a controversial question. Such activities are restricted by law in many countries, including the U.S. In 2008, The New York Times’ David Barstow won a Pulitzer Prize for exposing a domestic effort coordinated by the Pentagon whereby retired U.S. generals posed as “independent analysts” employed by American television networks and cable news outlets as they secretly coordinated their messaging with the Pentagon.
  • The GCHQ document we are publishing today expressly contemplates exploiting social media venues such as Twitter, as well as other communications venues including email, to seed state propaganda–GHCQ’s word, not mine–across the internet:
  • For instance: One of the programs described by the newly released GCHQ document is dubbed “Royal Concierge,” under which the British agency intercepts email confirmations of hotel reservations to enable it to subject hotel guests to electronic monitoring. It also contemplates how to “influence the hotel choice” of travelers and to determine whether they stay at “SIGINT friendly” hotels. The document asks: “Can we influence the hotel choice? Can we cancel their visit?” Previously, der Spiegel and NBC News both independently confirmed that the “Royal Concierge” program has been implemented and extensively used. The German magazine reported that “for more than three years, GCHQ has had a system to automatically monitor hotel bookings of at least 350 upscale hotels around the world in order to target, search, and analyze reservations to detect diplomats and government officials.” NBC reported that “the intelligence agency uses the information to spy on human targets through ‘close access technical operations,’ which can include listening in on telephone calls and tapping hotel computers as well as sending intelligence officers to observe the targets in person at the hotels.”
  • Because American law bars the government from employing political propaganda domestically, that program was likely illegal, though no legal accountability was ever brought to bear (despite all sorts of calls for formal investigations). Barack Obama, a presidential candidate at the time, pronounced himself in a campaign press release “deeply disturbed” by the Pentagon program, which he said “sought to manipulate the public’s trust.” Propagandizing foreign populations has generally been more legally acceptable. But it is difficult to see how government propaganda can be segregated from domestic consumption in the digital age. If American intelligence agencies are adopting the GCHQ’s tactics of “crafting messaging campaigns to go ‘viral’,” the legal issue is clear: A “viral” online propaganda campaign, by definition, is almost certain to influence its own citizens as well as those of other countries.
  • But these documents, along with the AP’s exposure of the sham “Cuban Twitter” program, underscore how aggressively western governments are seeking to exploit the internet as a means to manipulate political activity and shape political discourse. Those programs, carried out in secrecy and with little accountability (it seems nobody in Congress knew of the “Cuban Twitter” program in any detail) threaten the integrity of the internet itself, as state-disseminated propaganda masquerades as free online speech and organizing. There is thus little or no ability for an internet user to know when they are being covertly propagandized by their government, which is precisely what makes it so appealing to intelligence agencies, so powerful, and so dangerous.
  •  
    Glenn Greenwald drops a choice few new documents. Well worth viewing. 
Gary Edwards

Robosigning Credit Cards: The Next Major Bank Scandal? | The Reformed Broker - 0 views

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    This article is definately a "must read".  The summary is that the credit card debt mess is far worse than the mortgage foreclosure mess.  The Banksters are guilty of massive illegal activities in foreclosure gate, including forging documents and signatures.  Apparently the same thing has happened with Credit Card Debt Collection!!!! excerpt:   From American Banker: "If sloppy record keeping and problems with false affidavits is a problem with mortgages, it's 100 times bigger in credit card accounts," says Michelle Weinberg of the Legal Assistance Foundation of Metropolitan Chicago. Worse than mortgages, even? Let's just review the mortgage situation: Robosigning consists of blatantly illegal practices in which banks and mortgage companies had their employees sign affidavits and other documents without verifying the information therein; forge signatures on documents; backdate documents; falsely notarize documents; create new documents to replace missing ones; or some combination of all the above. Did I mention that all of this is illegal? Contrary to what the banks would have you believe, robosigning was not a one-off - it happened on a systematic level. So much so that some of the nation's largest banks (including Bank of America Corp. and  JPMorgan Chase & Co., ) were forced to halt foreclosures to "review" these practices in late 2010. The companies that did this claimed that they had to cut corners because they couldn't keep up with all of the paperwork created by the housing boom last decade. But we now know that this is not true - there's evidence that robo-signing goes back all the way to at least 1998. This all means that thousands of Americans were foreclosed upon erroneously and that even homebuyers and sellers in good standing may be unable to prove their rightful ownership. The problem is so big that Sheila Bair, the former head of the FDIC, acknowledged that they don't even know how big it is. It's so big that the b
Paul Merrell

John McCain, Conductor of the "Arab Spring" and the Caliph , by Thierry Meyssan - 0 views

  • Everyone has noticed the contradiction of those who recently characterized the Islamic Emirate as "freedom fighters" in Syria and who are indignant today faced with its abuses in Iraq. But if that speech is incoherent in itself, it makes perfect sense in the strategic plan: the same individuals were to be presented as allies yesterday and must be as enemies today, even if they are still on orders from Washington. Thierry Meyssan reveals below US policy through the particular case of Senator John McCain, conductor of the "Arab Spring" and longtime partner of Caliph Ibrahim.
  • ohn McCain is known as the leader of the Republicans and unhappy 2008 US presidential candidate. This is, we will see, only the real part of his biography, which serves as a cover to conduct covert actions on behalf of his government. When I was in Libya during the "Western"attack, I was able to view a report of the foreign intelligence services. It stated that, on February 4, 2011 in Cairo, NATO organized a meeting to launch the "Arab Spring" in Libya and Syria. According to this document, the meeting was chaired by John McCain. The report detailed the list of Libyan participants, whose delegation was led by the No. 2 man of the government of the day, Mahmoud Jibril, who abruptly switched sides at the entrance of the meeting to become the opposition leader in exile. I remember that, among the French delegates present, the report quoted Bernard-Henry Lévy, although officially he had never exercised functions within the French government. Many other personalities attended the symposium, including a large delegation of Syrians living abroad.
  • Emerging from the meeting, the mysterious Syrian Revolution 2011 Facebook account called for demonstrations outside the People’s Council (National Assembly) in Damascus on February 11. Although this Facebook account at the time claimed to have more than 40,000 followers, only a dozen people responded to its call before the flashes of photographers and hundreds of police. The demonstration dispersed peacefully and clashes only began more than a month later in Deraa. [1] On February 16, 2011, a demonstration underway in Benghazi, in memory of members of the Islamic Fighting Group in Libya [2] massacred in 1996 in the Abu Selim prison, degenerated into shooting. The next day, a second event, this time in memory of those who died by attacking the Danish consulate during the Muhammad cartoons affair, also degenerated into shooting. At the same time, members of the Islamic Fighting Group in Libya ,coming from Egypt and coordinated by unidentified, hooded individuals, simultaneously attacked four military bases in four different cities. After three days of fighting and atrocities, the rebels launched the uprising of Cyrenaica against Tripolitania [3]; a terrorist attack that the western press falsely presented as a "democratic revolution" against "the regime" of Muammar el-Qaddafi.
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  • On February 22nd, John McCain was in Lebanon. He met members of the Future Movement (the party of Saad Hariri) whom he charged to oversee the transfer of arms to Syria around the MP Okab Sakr [4]. Then, leaving Beirut, he inspected the Syrian border and the selected villages including Ersal, which were used as a basis to back mercenaries in the war to come. The meetings chaired by John McCain were clearly the trigger point for a long-prepared Washington plan; the plan that would have the UK and France attack Libya and Syria simultaneously, following the doctrine of "leadership from behind" and the annex of the Treaty of Lancaster House of November 2010. [5]
  • In May 2013, Senator John McCain made his way illegally to near Idleb in Syria via Turkey to meet with leaders of the "armed opposition". His trip was not made public until his return to Washington. [6] This movement was organized by the Syrian Emergency Task Force, which, contrary to its title, is a Zionist Organization led by a Palestinian employee of AIPAC [7]
  • John McCain in Syria. In the foreground at right is the director of the Syrian Emergency Task Force. In the doorway, center, Mohammad Nour.
  • In photographs released at that time, one noticed the presence of Mohammad Nour, a spokesman for the Northern Storm Brigade (of the Al-Nosra Front, that is to say, al-Qaeda in Syria), who kidnapped and held 11 Lebanese Shiite pilgrims in Azaz. [8] Asked about his proximity to al-Qaeda kidnappers, the Senator claimed not to know Mohammad Nour who would have invited himself into this photo. The affair made a great noise and the families of the abducted pilgrims lodged a complaint before the Lebanese judiciary against Senator McCain for complicity in kidnapping. Ultimately, an agreement was reached and the pilgrims were released. Let’s suppose that Senator McCain had told the truth and that he was abused by Mohammad Nour. The object of his illegal trip to Syria was to meet the chiefs of staff of the Free Syrian Army. According to him, the organization was composed "exclusively of Syrians" fighting for "their freedom" against the "Alouite dictatorship” (sic). The tour organizers published this photograph to attest to the meeting.
  • John McCain and the heads of the Free Syrian Army. In the left foreground, Ibrahim al-Badri, with which the Senator is talking. Next, Brigadier General Salim Idris (with glasses).
  • If we can see Brigadier General Idriss Salem, head of the Free Syrian Army, one can also see Ibrahim al-Badri (foreground on the left) with whom the senator is talking. Back from the surprise trip, John McCain claimed that all those responsible for the Free Syrian Army were "moderates who can be trusted" (sic).
  • However, since October 4, 2011, Ibrahim al-Badri (also known as Abu Du’a) was on the list of the five terrorists most wanted by the United States (Rewards for Justice). A premium of up to $ 10 million was offered to anyone who would assist in his capture. [9] The next day, October 5, 2011, Ibrahim al-Badri was included in the list of the Sanctions Committee of the UN as a member of Al Qaeda. [10] In addition, a month before receiving Senator McCain, Ibrahim al-Badri, known under his nom de guerre as Abu Bakr al-Baghdadi, created the Islamic State in Iraq and the Levant (ÉIIL) – all the while still belonging to the staff of the very "moderate" Free Syrian Army. He claimed as his own the attack on the Taj and Abu Ghraib prisons in Iraq, from which he helped between 500 and 1,000 jihadists escape who then joined his organization. This attack was coordinated with other almost simultaneous operations in eight other countries. Each time, the escapees joined the jihadist organizations fighting in Syria. This case is so strange that Interpol issued a note and requested the assistance of the 190 member countries. [11]
  • For my part, I have always said that there was no difference on the ground between the Free Syrian Army, Al-Nosra Front, the Islamic Emirate etc ... All these organizations are composed of the same individuals who continuously change flag. When they pose as the Free Syrian Army, they fly the flag of French colonization and speak only of overthrowing the "dog Bashar." When they say they belong to Al-Nosra Front, they carry the flag of al Qaeda and declare their intention to spread Islam in the world. Finally when they say they are the Islamic Emirate, they brandish the flag of the Caliphate and announce that they will clean the area of all infidels. But whatever the label, they proceed to the same abuses: rape, torture, beheadings, crucifixions. Yet neither Senator McCain nor his companions of the Syrian Emergency Task Force provided the information in their possession on Ibrahim al-Badri to the State Department, nor have they asked for the reward. Nor have they informed the anti-terrorism Committee of the UN.
  • But John McCain is not just the leader of the political opposition to President Obama, he is also one of his senior officials! He is in fact President of the International Republican Institute (IRI), the republican branch of NED / CIA [12], since January 1993. This so-called "NGO" was officially established by President Ronald Reagan to extend certain activities of the CIA, in connection with the British, Canadian and Australian secret services. Contrary to its claims, it is indeed an inter-governmental agency. Its budget is approved by Congress in a budget line dependent of the Secretary of State. It is also because it is a joint agency of the Anglo-Saxon secret services that several states in the world prohibit it from any activity on their territory.
  • he list of interventions by John McCain on behalf of the State Department is impressive. He participated in all the color revolutions of the last twenty years.
  • And an agent that has the best coverage imaginable: he is the official opponent of Barack Obama. As such, he can travel anywhere in the world (he is the most traveled US senator) and meet whoever he wants without fear. If his interlocutors approve Washington policy, he promised them to continue it, if they fight it, he hands over the responsibility to President Obama.
  • In 2003, France’s opposition was not enough to offset the influence of the Committee for the Liberation of Iraq. The United States attacked the country again and this time overthrew President Hussein. Of course, John McCain was a major contributor to the Committee. After handing to a private company the care of plundering the country for a year [17], they tried to partition Iraq into three separate states, but had to give it up due to the resistance of the population. They tried again in 2007, around the Biden-Brownback resolution, but again failed. [18] Hence the current strategy that attempts to achieve this by means of a non-state actor: the Islamic Emirate.
  • The operation was planned well in advance, even before the meeting between John McCain and Ibrahim al-Badri. For example, internal correspondence from the Qatari Ministry of Foreign Affairs, published by my friends James and Joanne Moriarty [19], shows that 5,000 jihadis were trained at the expense of Qatar in NATO’s Libya in 2012, and 2,5 million dollars was paid at the same time to the future Caliph. In January of 2014, the Congress of the United States held a secret meeting at which it voted, in violation of international law, to approve funding for the Al-Nosra Front (Al-Qaeda) and the Islamic emirate in Iraq and the Levant until September 2014. [20] Although it is unclear precisely what was really agreed to during this meeting revealed by the British Reuters news agency [21], and no media US media dared bypass censorship, it is highly probable that the law includes a section on arming and training jihadists.
  • Proud of this US funding, Saudi Arabia has claimed on its public television channel, Al-Arabiya, that the Islamic Emirate was headed by Prince Abdul Rahman al-Faisal, brother of Prince Saud al Faisal (Foreign Minister) and Prince Turki al-Faisal (Saudi ambassador to the United States and the United Kingdom) [22]. The Islamic Emirate represents a new step in the world of mercenaries. Unlike jihadi groups who fought in Afghanistan, Bosnia-Herzegovina and Chechnya around Osama bin Laden, it does not constitute a residual force but actually an army in itself. Unlike previous groups in Iraq, Libya and Syria, around Prince Bandar bin Sultan, they have sophisticated communication services at their disposal for recruitment and civilian officials trained in large western schools capable of instantly taking over the administration of a territory.
  • Brand new Ukrainian weapons were purchased by Saudi Arabia and conveyed by the Turkish secret services who gave them to the Islamic Emirate. Final details were coordinated with the Barzani family at a meeting of jihadist groups in Amman on 1 June 2014. [23] The joint attack on Iraq by the Islamic Emirate and the Kurdistan Regional Government began four days later. The Islamic Emirate seized the Sunni part of the country, while the Kurdistan Regional Government increased its territory by over 40%. Fleeing the atrocities of jihadists, religious minorities left the Sunni area, paving the way for the three-way partition of the country. Violating the Iraqi-US Defense agreement, the Pentagon did not intervene and allowed the Islamic Emirate to continue its conquest and massacres. A month later, while the Kurdish Peshmerga Regional Government had retreated without a fight, and when the emotions of world public opinion became too strong, President Obama gave the order to bomb some positions of the Islamic Emirate. However, according to General William Mayville, director of operations at the headquarters, "These bombings are unlikely to affect the overall capacity of the Islamic Emirate and its activities in other areas of Iraq or Syria ". [24] Obviously, they are not meant to destroy the jihadist army, but only to ensure that each player does not overlap the territory that has been assigned. Moreover, for the moment, they are symbolic and have destroyed only a handful of vehicles. It was ultimately the intervention of the Kurds of the Turkish and Syrian Kurdish PKK which halted the progress of the Islamic Emirate and opened a corridor to allow civilians to escape the massacre.
  • In the latest issue of its magazine, the Islamic Emirate devoted two pages to denounce Senator John McCain as "the enemy" and "double-crosser", recalling his support for the US invasion of Iraq. Lest this accusation remain unknown in the United States, Senator immediately issued a statement calling the Emirate the "most dangerous Islamist terrorist group in the world" [26]. This controversy is there only to distract the gallery. One would like to believe it ... if it were’t for this photograph from May 2013.
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    Thierry Meysann makes the case that Sen. John McCain, working with  was the guiding force behind the Arab Spring, the overthrow of Qadaffi in Libya, and the invasion of Syria by mercenary Islamists, working with a Zionist but deliberately misnomered front group. Thierry goes on to show that McCain played a key role in the creation and deployment of ISIL.  
Paul Merrell

OPERATION CONDOR: National Security Archive Presents Trove of Declassified Documentatio... - 0 views

  • Argentine Newspaper, Pagina 12, Highlights Evidence Presented by Archive Southern Cone Project Director Carlos Osorio Documents given to Court Reveal Condor Precedents; Secret Summary of Inaugural Condor Meeting Introduced into Court for First Time National Security Archive Electronic Briefing Book No. 514
  • The National Security Archive today posted key documents on Operation Condor, presented by its Southern Cone analyst, Carlos Osorio, at a historic trial in Buenos Aires of former military officers. During 10 hours on the witness stand recently, Osorio introduced one hundred documents into evidence for the court proceedings. His testimony was profiled on May 3 in a major feature article published in the Buenos Aires daily, Pagina 12. Operation Condor was an infamous secret alliance between South American dictatorships in the mid and late 1970s - a Southern Cone rendition and repression program - formed to track down and eliminate enemies of their military regimes. The Condor trial charges 25 high-ranking officers, originally including former Argentine presidents Jorge Videla (deceased) and Reynaldo Bignone (aged 87), with conspiracy to "kidnap, disappear, torture and kill" 171 opponents of the regimes that dominated the Southern Cone in the 1970s and 1980s. Among the victims were approximately 80 Uruguayans, 50 Argentines, 20 Chileans and a dozen others from Paraguay, Bolivia, Peru and Ecuador who were targeted by Condor operatives.
  • The tribunal requested Osorio’s testimony, which took place over two days on March 6 and 7, 2015, and included presentation of an Excel data base of 900 documents drawn mostly from U.S. government sources and from the Archive of Terror in Paraguay. Of these, Osorio focused on 100 declassified records selected for the tribunal, which was presided over by Judge Oscar Amirante, president of Federal Tribunal N° 1. The National Security Archive obtained the U.S. documents through the Freedom of Information Act (FOIA), primarily from the Central Intelligence Agency, Defense Intelligence Agency and the State Department. Other notable records originated from the Chilean former secret police, DINA. "We have been working on Operation Condor for years," Osorio said, "sifting through archives in many continents and building a body of knowledge and a trove of documents." The Pagina 12 feature entitled "The Evolution of Condor," described Osorio’s presentation of "dozens" of documents to the tribunal, and the contribution the documents made in educating the judges on the genesis and evolution of coordinated repression in the Southern Cone. Osorio’s testimony covered a range of topics including the breadth of Condor operations, U.S. knowledge of those operations and the authenticity of the records being introduced into evidence.
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  • The article highlighted one document Osorio presented that revealed the bilateral precedent for what would become a multilateral system of regional repression: a secret accord between the Argentine and Paraguayan military intelligence services to "Collaborate in the struggle against subversion…" and the "… internment [of dissenters]…" " The agreement was dated September 12,1972, and signed by Paraguayan intelligence officer Col. Benito Guanes Serrano. Three years later, Guanes would also be one of the five original signatories of the secret Condor accords. Osorio discovered the document in the Archive of Terror in Paraguay. In September 1975, an assessment by a State Department intelligence analyst concluded that "The national security forces of the southern cone surpass the terrorists in cooperation at the international level…" Six weeks later, in Santiago, Chile, intelligence chiefs from Argentina, Bolivia, Chile, Paraguay and Uruguay signed an "Acta" officially establishing Operation Condor. Osorio introduced that pivotal document - provided to the Archive by a source in Chile - into evidence as well.
  • Two declassified U.S. documents presented to the tribunal underscored the contradictory response of high U.S. officials as they became aware of Condor operations in the summer of 1976. One well-known 13-page memorandum of conversation between Secretary of State Henry Kissinger and Argentine Foreign Minister Admiral Cesar Guzzetti dated June 10, 1976, revealed Kissinger’s endorsement of the regional collaboration to repress the left. After Guzzetti informed Kissinger that the Southern Cone regimes were engaged in "joint efforts" to fight "the terrorist problem," Kissinger essentially supported this approach: "If there are things that have to be done, you should do them quickly. But you should get back quickly to normal procedures," according to the declassified transcript Osorio provided to the court. "We want you to succeed. We do not want to harrass [sic] you," Kissinger concluded. "I will do what I can … "
  • After a CIA briefing to Kissinger’s top aides in late July 1976 on the Condor countries’ plans to send assassination teams around the world to eliminate opponents, the Secretary of State authorized a démarche to General Augusto Pinochet in Chile, General Jorge Videla in Argentina, and other military leaders in the region calling on them to cease and desist. "Government planned and directed assassinations within and outside the territory of Condor members has most serious implication which we must face squarely and rapidly," stated the secret August 13, 1976, cable to U.S. ambassadors in those nations. But the démarche was never delivered to any of the Condor regimes. After the U.S. ambassadors raised objections about presenting the démarche to the generals, on September 16, 1976, Kissinger rescinded it, and ordered "that no further action be taken on this matter." In addition to Osorio, the National Security Archive’s Chile Documentation Project director, Peter Kornbluh, testified in the Operation Condor trial for five hours in December 2014. Archive Advisory Board member, professor of journalism and author John Dinges presented evidence in April 2015. Read the Documents
Paul Merrell

Fukushima - A Global Threat That Requires a Global Response - 0 views

  • The story of Fukushima should be on the front pages of every newspaper. Instead, it is rarely mentioned. The problems at Fukushima are unprecedented in human experience and involve a high risk of radiation events larger than any that the global community has ever experienced. It is going to take the best engineering minds in the world to solve these problems and to diminish their global impact. When we researched the realities of Fukushima in preparation for this article, words like apocalyptic, cataclysmic and Earth-threatening came to mind. But, when we say such things, people react as if we were the little red hen screaming "the sky is falling" and the reports are ignored. So, we’re going to present what is known in this article and you can decide whether we are facing a potentially cataclysmic event.
  • There are three major problems at Fukushima: (1) Three reactor cores are missing; (2) Radiated water has been leaking from the plant in mass quantities for 2.5 years; and (3) Eleven thousand spent nuclear fuel rods, perhaps the most dangerous things ever created by humans, are stored at the plant and need to be removed, 1,533 of those are in a very precarious and dangerous position. Each of these three could result in dramatic radiation events, unlike any radiation exposure humans have ever experienced.  We’ll discuss them in order, saving the most dangerous for last.
  • Missing reactor cores:  Since the accident at Fukushima on March 11, 2011, three reactor cores have gone missing.  There was an unprecedented three reactor ‘melt-down.’ These melted cores, called corium lavas, are thought to have passed through the basements of reactor buildings 1, 2 and 3, and to be somewhere in the ground underneath.  Harvey Wasserman, who has been working on nuclear energy issues for over 40 years, tells us that during those four decades no one ever talked about the possibility of a multiple meltdown, but that is what occurred at Fukushima.  It is an unprecedented situation to not know where these cores are. TEPCO is pouring water where they think the cores are, but they are not sure. There are occasional steam eruptions coming from the grounds of the reactors, so the cores are thought to still be hot. The concern is that the corium lavas will enter or may have already entered the aquifer below the plant. That would contaminate a much larger area with radioactive elements. Some suggest that it would require the area surrounding Tokyo, 40 million people, to be evacuated. Another concern is that if the corium lavas enter the aquifer, they could create a "super-heated pressurized steam reaction beneath a layer of caprock causing a major 'hydrovolcanic' explosion." A further concern is that a large reserve of groundwater which is coming in contact with the corium lavas is migrating towards the ocean at the rate of four meters per month. This could release greater amounts of radiation than were released in the early days of the disaster.
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  • Radioactive water leaking into the Pacific Ocean:  TEPCO did not admit that leaks of radioactive water were occurring until July of this year. Shunichi Tanaka the head of Japan’s Nuclear Regulation Authority finally told reporters this July that radioactive water has been leaking into the Pacific Ocean since the disaster hit over two years ago. This is the largest single contribution of radionuclides to the marine environment ever observed according to a report by the French Institute for Radiological Protection and Nuclear Safety.  The Japanese government finally admitted that the situation was urgent this September – an emergency they did not acknowledge until 2.5 years after the water problem began. How much radioactive water is leaking into the ocean? An estimated 300 tons (71,895 gallons/272,152 liters) of contaminated water is flowing into the ocean every day.  The first radioactive ocean plume released by the Fukushima nuclear power plant disaster will take three years to reach the shores of the United States.  This means, according to a new study from the University of New South Wales, the United States will experience the first radioactive water coming to its shores sometime in early 2014.
  • One month after Fukushima, the FDA announced it was going to stop testing fish in the Pacific Ocean for radiation.  But, independent research is showing that every bluefin tuna tested in the waters off California has been contaminated with radiation that originated in Fukushima. Daniel Madigan, the marine ecologist who led the Stanford University study from May of 2012 was quoted in the Wall Street Journal saying, "The tuna packaged it up (the radiation) and brought it across the world’s largest ocean. We were definitely surprised to see it at all and even more surprised to see it in every one we measured." Marine biologist Nicholas Fisher of Stony Brook University in New York State, another member of the study group, said: "We found that absolutely every one of them had comparable concentrations of cesium 134 and cesium 137." In addition, Science reports that fish near Fukushima are being found to have high levels of the radioactive isotope, cesium-134. The levels found in these fish are not decreasing,  which indicates that radiation-polluted water continues to leak into the ocean. At least 42 fish species from the area around the plant are considered unsafe.  South Korea has banned Japanese fish as a result of the ongoing leaks.
  • Wasserman builds on the analogy, telling us it is "worse than pulling cigarettes out of a crumbled cigarette pack." It is likely they used salt water as a coolant out of desperation, which would cause corrosion because the rods were never meant to be in salt water.  The condition of the rods is unknown. There is debris in the coolant, so there has been some crumbling from somewhere. Gundersen  adds, "The roof has fallen in, which further distorted the racks," noting that if a fuel rod snaps, it will release radioactive gas which will require at a minimum evacuation of the plant. They will release those gases into the atmosphere and try again. The Japan Times writes: "The consequences could be far more severe than any nuclear accident the world has ever seen. If a fuel rod is dropped, breaks or becomes entangled while being removed, possible worst case scenarios include a big explosion, a meltdown in the pool, or a large fire. Any of these situations could lead to massive releases of deadly radionuclides into the atmosphere, putting much of Japan — including Tokyo and Yokohama — and even neighboring countries at serious risk."  
  • The most recent news on the water problem at Fukushima adds to the concerns. On October 11, 2013, TEPCO disclosed that the radioactivity level spiked 6,500 times at a Fukushima well.  "TEPCO said the findings show that radioactive substances like strontium have reached the groundwater. High levels of tritium, which transfers much easier in water than strontium, had already been detected." Spent Fuel Rods:  As bad as the problems of radioactive water and missing cores are, the biggest problem at Fukushima comes from the spent fuel rods.  The plant has been in operation for 40 years. As a result, they are storing 11 thousand spent fuel rods on the grounds of the Fukushima plant. These fuel rods are composed of highly radioactive materials such as plutonium and uranium. They are about the width of a thumb and about 15 feet long. The biggest and most immediate challenge is the 1,533 spent fuel rods packed tightly in a pool four floors above Reactor 4.  Before the storm hit, those rods had been removed for routine maintenance of the reactor.  But, now they are stored 100 feet in the air in damaged racks.  They weigh a total of 400 tons and contain radiation equivalent to 14,000 times the amount released by the Hiroshima atomic bomb.
  • The building in which these rods are stored has been damaged. TEPCO reinforced it with a steel frame, but the building itself is buckling and sagging, vulnerable to collapse if another earthquake or storm hits the area. Additionally, the ground under and around the building is becoming saturated with water, which further undermines the integrity of the structure and could cause it to tilt. How dangerous are these fuel rods?  Harvey Wasserman explains that the fuel rods are clad in zirconium which can ignite if they lose coolant. They could also ignite or explode if rods break or hit each other. Wasserman reports that some say this could result in a fission explosion like an atomic bomb, others say that is not what would happen, but agree it would be "a reaction like we have never seen before, a nuclear fire releasing incredible amounts of radiation," says Wasserman. These are not the only spent fuel rods at the plant, they are just the most precarious.  There are 11,000 fuel rods scattered around the plant, 6,000 in a cooling pool less than 50 meters from the sagging Reactor 4.  If a fire erupts in the spent fuel pool at Reactor 4, it could ignite the rods in the cooling pool and lead to an even greater release of radiation. It could set off a chain reaction that could not be stopped.
  • What would happen? Wasserman reports that the plant would have to be evacuated.  The workers who are essential to preventing damage at the plant would leave, and we will have lost a critical safeguard.  In addition, the computers will not work because of the intense radiation. As a result we would be blind - the world would have to sit and wait to see what happened. You might have to not only evacuate Fukushima but all of the population in and around Tokyo, reports Wasserman.  There is no question that the 1,533 spent fuel rods need to be removed.  But Arnie Gundersen, a veteran nuclear engineer and director of Fairewinds Energy Education, who used to build fuel assemblies, told Reuters "They are going to have difficulty in removing a significant number of the rods." He described the problem in a radio interview: "If you think of a nuclear fuel rack as a pack of cigarettes, if you pull a cigarette straight up it will come out — but these racks have been distorted. Now when they go to pull the cigarette straight out, it’s going to likely break and release radioactive cesium and other gases, xenon and krypton, into the air. I suspect come November, December, January we’re going to hear that the building’s been evacuated, they’ve broke a fuel rod, the fuel rod is off-gassing."
  • As bad as the ongoing leakage of radioactive water is into the Pacific, that is not the largest part of the water problem.  The Asia-Pacific Journal reported last month that TEPCO has 330,000 tons of water stored in 1,000 above-ground tanks and an undetermined amount in underground storage tanks.  Every day, 400 tons of water comes to the site from the mountains, 300 tons of that is the source for the contaminated water leaking into the Pacific daily. It is not clear where the rest of this water goes.   Each day TEPCO injects 400 tons of water into the destroyed facilities to keep them cool; about half is recycled, and the rest goes into the above-ground tanks. They are constantly building new storage tanks for this radioactive water. The tanks being used for storage were put together rapidly and are already leaking. They expect to have 800,000 tons of radioactive water stored on the site by 2016.  Harvey Wasserman warns that these unstable tanks are at risk of rupture if there is another earthquake or storm that hits Fukushima. The Asia-Pacific Journal concludes: "So at present there is no real solution to the water problem."
  • This is not the usual moving of fuel rods.  TEPCO has been saying this is routine, but in fact it is unique – a feat of engineering never done before.  As Gundersen says: "Tokyo Electric is portraying this as easy. In a normal nuclear reactor, all of this is done with computers. Everything gets pulled perfectly vertically. Well nothing is vertical anymore, the fuel racks are distorted, it’s all going to have to be done manually. The net effect is it’s a really difficult job. It wouldn’t surprise me if they snapped some of the fuel and they can’t remove it." Gregory Jaczko, Former Chairman of the U.S. Nuclear Regulatory Commission concurs with Gundersen describing the removal of the spent fuel rods as "a very significant activity, and . . . very, very unprecedented." Wasserman sums the challenge up: "We are doing something never done before – bent, crumbling, brittle fuel rods being removed from a pool that is compromised, in a building that is sinking, sagging and buckling, and it all must done under manual control, not with computers."  And the potential damage from failure would affect hundreds of millions of people.
  • The first thing that is needed is to end the media blackout.  The global public needs to be informed about the issues the world faces from Fukushima.  The impacts of Fukushima could affect almost everyone on the planet, so we all have a stake in the outcome.  If the public is informed about this problem, the political will to resolve it will rapidly develop. The nuclear industry, which wants to continue to expand, fears Fukushima being widely discussed because it undermines their already weak economic potential.  But, the profits of the nuclear industry are of minor concern compared to the risks of the triple Fukushima challenges. 
  • The second thing that must be faced is the incompetence of TEPCO.  They are not capable of handling this triple complex crisis. TEPCO "is already Japan’s most distrusted firm" and has been exposed as "dangerously incompetent."  A poll found that 91 percent of the Japanese public wants the government to intervene at Fukushima. Tepco’s management of the stricken power plant has been described as a comedy of errors. The constant stream of mistakes has been made worse by constant false denials and efforts to minimize major problems. Indeed the entire Fukushima catastrophe could have been avoided: "Tepco at first blamed the accident on ‘an unforeseen massive tsunami’ triggered by the Great East Japan Earthquake on March 11, 2011. Then it admitted it had in fact foreseen just such a scenario but hadn’t done anything about it."
  • The reality is Fukushima was plagued by human error from the outset.  An official Japanese government investigation concluded that the Fukushima accident was a "man-made" disaster, caused by "collusion" between government and Tepco and bad reactor design. On this point, TEPCO is not alone, this is an industry-wide problem. Many US nuclear plants have serious problems, are being operated beyond their life span, have the same design problems and are near earthquake faults. Regulatory officials in both the US and Japan are too corruptly tied to the industry. Then, the meltdown itself was denied for months, with TEPCO claiming it had not been confirmed.  Japan Times reports that "in December 2011, the government announced that the plant had reached ‘a state of cold shutdown.’ Normally, that means radiation releases are under control and the temperature of its nuclear fuel is consistently below boiling point."  Unfortunately, the statement was false – the reactors continue to need water to keep them cool, the fuel rods need to be kept cool – there has been no cold shutdown.
  • TEPCO has done a terrible job of cleaning up the plant.  Japan Times describes some of the problems: "The plant is being run on makeshift equipment and breakdowns are endemic. Among nearly a dozen serious problems since April this year there have been successive power outages, leaks of highly radioactive water from underground water pools — and a rat that chewed enough wires to short-circuit a switchboard, causing a power outage that interrupted cooling for nearly 30 hours. Later, the cooling system for a fuel-storage pool had to be switched off for safety checks when two dead rats were found in a transformer box."  TEPCO has been constantly cutting financial corners and not spending enough to solve the challenges of the Fukushima disaster resulting in shoddy practices that cause environmental damage. Washington’s Blog reports that the Japanese government is spreading radioactivity throughout Japan – and other countries – by burning radioactive waste in incinerators not built to handle such toxic substances. Workers have expressed concerns and even apologized for following order regarding the ‘clean-up.’
  • Indeed, the workers are another serious concern. The Guardian reported in October 2013 the plummeting morale of workers, problems of alcohol abuse, anxiety, loneliness, Post-Traumatic Stress Disorder and depression. TEPCO cut the pay of its workers by 20 percent in 2011 to save money even though these workers are doing very difficult work and face constant problems. Outside of work, many were traumatized by being forced to evacuate their homes after the Tsunami; and they have no idea how exposed to radiation they have been and what health consequences they will suffer. Contractors are hired based on the lowest bid, resulting in low wages for workers. According to the Guardian, Japan's top nuclear regulator, Shunichi Tanaka, told reporters: "Mistakes are often linked to morale. People usually don't make silly, careless mistakes when they're motivated and working in a positive environment. The lack of it, I think, may be related to the recent problems." The history of TEPCO shows we cannot trust this company and its mistreated workforce to handle the complex challenges faced at Fukushima. The crisis at Fukushima is a global one, requiring a global solution.
  • In an open letter to the United Nations, 16 top nuclear experts urged the government of Japan to transfer responsibility for the Fukushima reactor site to a worldwide engineering group overseen by a civil society panel and an international group of nuclear experts independent from TEPCO and the International Atomic Energy Administration , IAEA. They urge that the stabilization, clean-up and de-commissioning of the plant be well-funded. They make this request with "urgency" because the situation at the Fukushima plant is "progressively deteriorating, not stabilizing." 
  • The problems at Fukushima are in large part about facing reality – seeing the challenges, risks and potential harms from the incident. It is about TEPCO and Japan facing the reality that they are not equipped to handle the challenges of Fukushima and need the world to join the effort. 
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    Excellent roundup of evidence that the Fukushima disaster recovery process has gone badly awry and is devolving quickly to looming further disasters. Political momentum is gathering to wrest the recovery efforts away from the Japanese government and to place its leadership in the hands of an international group of experts. The disaster was far worse than its portrayal in mainstream media, is continuing, and even worse secondary disasters now loom. 
Paul Merrell

The Engineered Destruction and Political Fragmentation of Iraq. Towards the Creation of... - 0 views

  • The Capture of Mosul:  US-NATO Covert Support to the Islamic State of Iraq and Syria (ISIS) Something unusual occurred in Mosul which cannot be explained in strictly military terms. On June 10, the insurgent forces of the Islamic State of Iraq and the Levant (ISIS) captured Mosul, Iraq’s second largest city, with a population of close to 1.5 million people.  While these developments were “unexpected” according to the Obama administration, they were known to the Pentagon and US intelligence, which were not only providing weapons, logistics and financial support to the ISIS rebels, they were also coordinating, behind the scenes, the ISIS attack on the city of Mosul. While ISIS is a well equipped and disciplined rebel army when compared to other Al Qaeda affiliated formations, the capture of Mosul, did not hinge upon ISIS’s military capabilities. Quite the opposite: Iraqi forces which outnumbered the rebels by far, equipped with advanced weapons systems could have easily repelled the ISIS rebels. There were 30,000 government forces in Mosul as opposed to 1000 ISIS rebels, according to reports. The Iraqi army chose not to intervene. The media reports explained without evidence that the decision of the Iraqi armed forces not to intervene was spontaneous characterized by mass defections.
  • Iraqi officials told the Guardian that two divisions of Iraqi soldiers – roughly 30,000 men – simply turned and ran in the face of the assault by an insurgent force of just 800 fighters. Isis extremists roamed freely on Wednesday through the streets of Mosul, openly surprised at the ease with which they took Iraq’s second largest city after three days of sporadic fighting. (Guardian, June 12, 2014, emphasis added) The reports point to the fact that Iraqi military commanders were sympathetic with the Sunni led ISIS insurgency: Speaking from the Kurdish city of Erbil, the defectors accused their officers of cowardice and betrayal, saying generals in Mosul “handed over” the city over to Sunni insurgents, with whom they shared sectarian and historical ties. (Daily Telegraph,  13 June 2014) What is important to understand, is that both sides, namely the regular Iraqi forces and the ISIS rebel army are supported by US-NATO. There were US military advisers and special forces including operatives from private military companies on location in Mosul working with Iraq’s regular armed forces. In turn, there are Western special forces or mercenaries within ISIS (acting on contract to the CIA or the Pentagon) who are in liaison with US-NATO (e.g. through satellite phones).
  • Under these circumstances, with US intelligence amply involved, there would have been routine communication, coordination, logistics and exchange of intelligence between a US-NATO military and intelligence command center, US-NATO military advisers forces or private military contractors on the ground assigned to the Iraqi Army and Western special forces attached to the ISIS brigades. These Western special forces operating covertly within the ISIS could have been dispatched by a private security company on contract to US-NATO.
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  • In this regard, the capture of Mosul appears to have been a carefully engineered operation, planned well in advance. With the exception of a few skirmishes, no fighting took place. Entire divisions of the Iraqi National Army –trained by the US military with advanced weapons systems at their disposal– could have easily repelled the ISIS rebels. Reports suggest that they were ordered by their commanders not to intervene. According to witnesses, “Not a single shot was fired”. The forces that had been in Mosul have fled — some of which abandoned their uniforms as well as their posts as the ISIS forces swarmed into the city. Fighters with the Islamic State of Iraq and Syria (ISIS), an al-Qaeda offshoot, overran the entire western bank of the city overnight after Iraqi soldiers and police apparently fled their posts, in some instances discarding their uniforms as they sought to escape the advance of the militants. http://hotair.com/archives/2014/06/10/mosul-falls-to-al-qaeda-as-us-trained-security-forces-flee/
  • A contingent of one thousand ISIS rebels take over a city of more than one million? Without prior knowledge that the US controlled Iraqi Army (30,000 strong) would not intervene, the Mosul operation would have fallen flat, the rebels would have been decimated. Who was behind the decision to let the ISIS terrorists take control of Mosul? Had the senior Iraqi commanders been instructed by their Western military advisers to hand over the city to the ISIS terrorists? Were they co-opted?
  • The formation of the caliphate may be the first step towards a broader conflict in the Middle East, bearing in mind that Iran is supportive of the Al Maliki government and the US ploy may indeed be to encourage the intervention of Iran. The proposed redivision of Iraq is broadly modeled on that of the Federation of Yugoslavia which was split up into seven “independent states” (Serbia, Croatia, Bosnia-Herzegovina, Macedonia (FYRM), Slovenia, Montenegro, Kosovo). According to Mahdi Darius Nazemroaya, the re division of Iraq into three separate states is part of a broader process of redrawing the Map of the Middle East.
  • US forces could have intervened. They had been instructed to let it happen. It was part of a carefully planned agenda to facilitate the advance of the ISIS rebel forces and the installation of the ISIS caliphate. The whole operation appears to have been carefully staged.
  • In Mosul, government buildings, police stations, schools, hospitals, etc are formally now under the control of the Islamic State of Iraq and Syria (ISIS). In turn, ISIS has taken control of military hardware including helicopters and tanks which were abandoned by the Iraqi armed forces. What is unfolding is the installation of a US sponsored Islamist ISIS caliphate alongside the rapid demise of the Baghdad government. Meanwhile, the Northern Kurdistan region has de facto declared its independence from Baghdad. Kurdish peshmerga rebel forces (which are supported by Israel) have taken control of the cities of Arbil and Kirkuk. (See map above) Concluding Remarks There were no Al Qaeda rebels in Iraq prior to the 2003 invasion. Moreover, Al Qaeda was non-existent in Syria until the outset of the US-NATO-Israeli supported insurgency in March 2011. The ISIS is not an independent entity. It is a creation of US intelligence. It is a US intelligence asset, an instrument of non-conventional warfare.
  • Was the handing over of Mosul to ISIS part of a US intelligence agenda? Were the Iraqi military commanders manipulated or paid off into allowing the city to fall into the hands of the ISIS rebels without “a single shot being fired”. Shiite General Mehdi Sabih al-Gharawi who was in charge of the Mosul Army divisions “had left the city”. Al Gharawi had worked hand in glove with the US military. He took over the command of Mosul in September 2011, from US Col Scott McKean. Had he been co-opted, instructed by his US counterparts to abandon his command?
  • The ultimate objective of this ongoing US-NATO engineered conflict opposing Maliki government forces to the ISIS insurgency is to destroy and destabilize Iraq as a Nation State. It is part of an intelligence operation, an engineered process of  transforming countries into territories. The break up of Iraq along sectarian lines is a longstanding policy of the US and its allies. The ISIS is a caliphate project of creating a Sunni Islamist state. It is not a project of the Sunni population of Iraq which historically has been committed to a secular system of government. The caliphate project is a US design. The advances of ISIS forces is intended to garnish broad support within the Sunni population directed against the Al Maliki government The division of Iraq along sectarian-ethnic lines has been on the drawing board of the Pentagon for more than 10 years.
  • The above map was prepared by Lieutenant-Colonel Ralph Peters. It was published in the Armed Forces Journal in June 2006, Peters is a retired colonel of the U.S. National War Academy. (Map Copyright Lieutenant-Colonel Ralph Peters 2006). Although the map does not officially reflect Pentagon doctrine, it has been used in a training program at NATO’s Defense College for senior military officers”. (See Plans for Redrawing the Middle East: The Project for a “New Middle East” By Mahdi Darius Nazemroaya, Global Research, November 2006)
  • The Western media in chorus have described the unfolding conflict in Iraq as a “civil war” opposing the Islamic State of Iraq and al-Sham against the Armed forces of the Al-Maliki government. (Also referred to as Islamic State of Iraq and the Levant (ISIL) or Islamic State of Iraq and Syria (ISIS)) The conflict is casually described as “sectarian warfare” between Radical Sunni and Shia without addressing “who is behind the various factions”.  What is at stake is a carefully staged US military-intelligence agenda. Known and documented, Al Qaeda affiliated entities have been used by US-NATO in numerous conflicts as “intelligence assets” since the heyday of the Soviet-Afghan war. In Syria, the Al Nusrah and ISIS rebels are the foot-soldiers of the Western military alliance, which oversees and controls the recruitment and training of paramilitary forces.
  • The Al Qaeda affiliated Islamic State of Iraq (ISI) re-emerged in April 2013 with a different name and acronym, commonly referred to as the Islamic State of Iraq and Syria (ISIS). The formation of a terrorist entity encompassing both Iraq and Syria was part of a US intelligence agenda. It responded to geopolitical objectives. It also coincided with the advances of Syrian government forces against the US sponsored insurgency in Syria and the failures of both the Free Syrian Army (FSA) and its various “opposition” terror brigades. The decision was taken by Washington to channel its support (covertly) in favor of a terrorist entity which operates in both Syria and Iraq and which has logistical bases in both countries. The Islamic State of Iraq and al-Sham’s Sunni caliphate project coincides with a longstanding US agenda to carve up both Iraq and Syria into three separate territories: A Sunni Islamist Caliphate, an Arab Shia Republic, and a Republic of Kurdistan.
  • Whereas the (US proxy) government in Baghdad purchases advanced weapons systems from the US including F16 fighter jets from Lockheed Martin, the Islamic State of Iraq and al-Sham –which is fighting Iraqi government forces– is supported covertly by Western intelligence. The objective is to engineer a civil war in Iraq, in which both sides are controlled indirectly by US-NATO. The scenario is to arm and equip them, on both sides, finance them with advanced weapons systems and then “let them fight”.
  • The Islamic caliphate is supported covertly by the CIA in liaison with Saudi Arabia, Qatar and Turkish intelligence. Israel is also involved in channeling support to both Al Qaeda rebels in Syria (out of the Golan Heights) as well to the Kurdish separatist movement in Syria and Iraq.
  • First published by GR on June 14, 2014.  President Barack Obama has initiated a series of US bombing raids in Iraq allegedly directed towards the rebel army of the Islamic State (IS). The Islamic State terrorists are portrayed as an enemy of America and the Western world. Amply documented, the Islamic State is a creation of Western intelligence, supported by the CIA and Israel’s Mossad and financed by Saudi Arabia and Qatar. We are dealing with a diabolical military agenda whereby the United States is targeting a rebel army which is directly funded by the US and its allies. The incursion into Iraq of the Islamic State rebels in late June was part of a carefully planned intelligence operation. The rebels of the Islamic state, formerly known as the ISIS, were covertly supported by US-NATO-Israel  to wage a terrorist insurgency against the Syrian government of Bashar Al Assad.  The atrocities committed in Iraq are similar to those committed in Syria. The sponsors of IS including Barack Obama have blood on their hands.
  • The killings of innocent civilians by the Islamic state terrorists create a pretext and the justification for US military intervention on humanitarian grounds. Lest we forget, the rebels who committed these atrocities and who are a target of US military action are supported by the United States. The bombing raids ordered by Obama are not intended to eliminate the terrorists. Quite the opposite, the US is targeting the civilian population as well as the Iraqi resistance movement. The endgame is to destabilize Iraq as a nation state and trigger its partition into three separate entities.
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    The destabilization and fragmentation of Israel's neighboring nations has indeed been on the Zionist/Neocon drawing board for a very long time. http://goo.gl/Z1gdoA In the Mideast, it's important to remember that there are no significant Islamist forces that are not under the control of the U.S. or its allies Saudi Arabia and Qatar. The Iraqi Army's withdrawal of the two divisions from the defense of Mosul is indeed curious. In that regard, Col. Peters' map of a future Mideast is almost certainly more than a coincidence. 
Paul Merrell

Loopholes, Filing Failures, and Lax Enforcement: How the Foreign Agents Registration Ac... - 0 views

  • Why This Matters The Foreign Agents Registration Act requires American lobbyists working on behalf of foreign clients to disclose significantly more information about their activities than what is required of domestic lobbyists. This includes the actual documents used to influence policy makers, called informational materials. These materials include draft legislation, speeches, press releases and more, all created to influence U.S. policy. But the lobbyists do not always follow the letter of the law and enforcement by the Justice Department has been lax in recent years. Furthermore, the law itself seems to have loopholes that make enforcement difficult if not impossible. The Foreign Agents Registration Act is intended to bring transparency into the world of foreign lobbying. But when American lobbyists working on behalf of foreign interests fail to follow the law, or the Justice Department fails to enforce it, the American people are left in the dark.
  • Why This Matters The Foreign Agents Registration Act requires American lobbyists working on behalf of foreign clients to disclose significantly more information about their activities than what is required of domestic lobbyists. This includes the actual documents used to influence policy makers, called informational materials. These materials include draft legislation, speeches, press releases and more, all created to influence U.S. policy. But the lobbyists do not always follow the letter of the law and enforcement by the Justice Department has been lax in recent years. Furthermore, the law itself seems to have loopholes that make enforcement difficult if not impossible. The Foreign Agents Registration Act is intended to bring transparency into the world of foreign lobbying. But when American lobbyists working on behalf of foreign interests fail to follow the law, or the Justice Department fails to enforce it, the American people are left in the dark.
  • Executive Summary The Foreign Agents Registration Act (FARA) requires that all American citizens working to influence U.S. policy on behalf of foreign governments register with the Department of Justice and to disclose information on any and all political activity in which they engaged for foreign clients. This includes filing, within 48 hours, any informational materials disseminated to two or more people.
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  • Table of Contents Executive SummaryIntroductionBackgroundWhat the Foreign Influence Database ShowsEgypt: A Case Study Of Foreign InfluenceSame-Day ContributionsSystemic Foreign InfluenceQuid Pro Quo or Coincidence?Foreign Money and the LawLax Compliance with and Enforcement of FARAEnforcementConclusionRecommendationsEndnotes
  • The law requires lobbyists for foreign interests to plainly and conspicuously identify themselves as such in any materials distributed in the course of their lobbying—for example, emails, other correspondence, or publications. We found that many documents filed with the Justice Department lack this identification statement; furthermore, many lobbyists admitted that they did not comply with this requirement. More than half (51 percent) of the registrants we examined in a sample from 2010 checked a box on a the semi-annual Justice Department questionnaire saying they had filed informational materials, and checked another box saying they had not met the legal requirement that they identify themselves in those materials as working on behalf of foreign interests. Toby Moffett, a former Member of Congress from Connecticut who is now Chairman of the Moffett Group and one of its registered lobbyists, told POGO that “Around the edges there’s a lot of loosey-goosey stuff going on. People representing foreign interests and not reporting.”[4] But even when lobbyists do report to the Justice Department, the information they provide is not easily accessible to the public. Astonishingly, informational materials are not available online, despite the fact that the Justice Department has an electronic filing system. Instead, these documents are kept in an office at the Justice Department that is only open for four hours each weekday. Hard copies of the documents are kept in folders that are often disorganized and susceptible to misfiling. This archaic system undermines the intended transparency of the law.
  • We set out to determine the extent to which lobbyists for foreign interests were filing lobbying materials at the Justice Department within the required time frame. Based on a review of filings made in 2012, in those instances where it was possible to answer the question, POGO estimates that almost half—46 percent—were filed late. Fifteen percent were filed more than 30 business days after they were distributed, and 12 percent were filed more than 100 business days after they were distributed. In many instances, the Justice Department would be hard pressed to enforce the filing deadline. Based on the records the Department maintains to enforce the law, we found that in more than a quarter (26 percent) of the 2012 filings, it was impossible to determine whether the lobbyists complied. For example, in many cases, the records did not show when the lobbyists disseminated the materials to the targets of their lobbying. In a glaring omission, the law does not require lobbyists to provide that information. Without it, there may be no way for the government or the public to know whether lobbying materials were filed on time.
  • Though federal law bars foreign money from U.S. political campaigns, there appears to be a gray area in the law that can let in such money indirectly. POGO found many instances in which members of lobbying firms made political contributions to Members of Congress on the same day that those firms were lobbying the Members of Congress or their legislative staffs on behalf of foreign clients.[1] Lobbyists who fail to comply with certain FARA requirements may have little to fear from the Justice Department. “The cornerstone of the Registration Unit’s enforcement efforts is encouraging voluntary compliance,” a Justice Department website says.[2] When lobbyists do not voluntarily comply, the Justice Department rarely uses one of the key tools at its disposal to enforce the law—seeking a court injunction. A representative of the Department’s FARA unit told POGO: “While the FARA statute and regulations authorize the pursuit of formal legal proceedings, such as injunctive remedy options, the FARA Unit [has] not pursued injunctive remedy options recently and has instead utilized other mechanisms to achieve compliance.”[3] It appears that some registered foreign agents have been distributing materials but not filing them with the Justice Department. It’s unclear the extent to which that illustrates a lack of compliance with the law or loopholes in the law. In the process of researching this report, POGO noticed that many more lobbyists were registering as foreign agents than had filed informational materials that we could locate at the FARA office. To determine what was happening, we looked at a sampling of questionnaires that the Justice Department requires registered agents to complete every six months. Some checked one box indicating they had distributed materials and another box stating they did not file them with the FARA office.
  • The Project On Government Oversight examined thousands of these materials spanning four years, as well as additional public records related to the Justice Department’s oversight of lobbyists for foreign interests. We found that lobbyists for foreign interests have routinely failed to comply with the law—a failure that prevents journalists and watchdogs from scrutinizing the lobbying activities while foreign interests are trying to influence U.S. policy. We found a pattern of lax enforcement of FARA requirements by the Justice Department. We found that the Justice Department office responsible for administering the law is a record-keeping mess. And we found loopholes in the law that often makes it difficult if not impossible for the government to police compliance or to discipline lobbyists who fail to comply. Here are some highlights of our investigation:
  • When lobbyists for foreign interests do not follow the law, when the U.S. government fails to enforce it, and when the Justice Department makes it difficult for the American people to access records to which they are legally entitled, the public is left in the dark. To bring more transparency to this opaque realm, POGO has made four years of informational materials available for the first time online with our Foreign Influence Database, allowing the public to see how lobbyists attempt to influence American policies on behalf of their foreign clients.
  • With the release of the Foreign Influence Database, the Project On Government Oversight (POGO) is making years of documents from this key set of FARA filings electronically available for the first time. The materials were previously only available in hard copy at the FARA Registration Unit in Washington, DC, which is only open to the public from 11am to 3pm on weekdays.[12] In this digital age it is surprising that these materials could not be read online and are instead stored in file folders, where they are disorganized and susceptible to misfiling. Even those that were electronically filed by the registrants are not available to the public in an electronic format. POGO’s database includes informational materials filed in 2009, 2010, 2011, and 2012.[13]
  •  
    POGO does thorough work and doesn't let up until it gets results. Forcing DoJ to puts its foreign agents registration materials online should be a fairly trivial battle. The real war, though, will be forcing better enforcement. The new database is at http://www.pogo.org/tools-and-data/foreign-influence-database/ I punched up the word "Israel" and came up with 113 documents in the search results. Each search hit lists the name of the nation involved that the lobbying was done for. Of those 113 document hits, only two were for the nation of Israel, both for its Ministry of Tourism. The rest were by other nations who had mentioned Israel in their lobbying materials.  Now that is fairly incredible, given that Israel outright controls Congress when it comes to Middle East policy.  The last administration to attempt to do something about Israeli lobbyists not registering was the the Kennedy Administration. The result was that the major Israeli lobbying group disbanded and was promptly reformed under a new corporate charter and name. That was the very last attempt at enforcing the Foreign Agents Registration Act against Israel's lobbyists in the U.S., despite the fact that the reformed group, AIPAC, has even been caught more than once being passed highly classified U.S. documents by double agents working inside the U.S. military establishment. The leakers went to prison but the AIPACers were never prosecuted. AIPAC rules.  
Paul Merrell

Keith Alexander Unplugged: on Bush/Obama, 1.7 million stolen documents and other matter... - 0 views

  • The just-retired long-time NSA chief, Gen. Keith Alexander, recently traveled to Australia to give a remarkably long and wide-ranging interview with an extremely sycophantic “interviewer” with The Australian Financial Review. The resulting 17,000-word transcript and accompanying article form a model of uncritical stenography journalism, but Alexander clearly chose to do this because he is angry, resentful, and feeling unfairly treated, and the result is a pile of quotes that are worth examining, only a few of which are noted below:
  • How Edward Snowden managed to steal an alleged 1.7 million documents from the NSA. Sunday: http://t.co/gbrIu5yMcc — 60 Minutes (@60Minutes) December 13, 2013 Mike McConnell, the vice chairman of Booz Allen and former Director of National Intelligence in the Bush administration, then claimed that ”Snowden absconded with 1.7 million to 1.8 million documents.” Ever since then, that Snowden “stole” 1.7 or 1.8 million documents from the NSA has been repeated over and over again by US media outlets as verified fact. The Washington Post‘s Walter Pincus, citing an anonymous official source, purported to tell readers that “among the roughly 1.7 million documents he walked away with — the vast majority of which have not been made public — are highly sensitive, specific intelligence reports”. Reuters frequently includes in its reports the unchallenged assertion that “Snowden was believed to have taken 1.7 million computerized documents.” Just this week, the global news agency told its readers that “Snowden was believed to have taken 1.7 million computerized documents.”
  • AFR: Can you now quantify the number of documents [Snowden] stole? Gen. Alexander: Well, I don’t think anybody really knows what he actually took with him, because the way he did it, we don’t have an accurate way of counting. What we do have an accurate way of counting is what he touched, what he may have downloaded, and that was more than a million documents. It’s hard to recall a better and clearer example of how mindless and uncritical the American media is when it comes to the unproven pronouncements of the U.S. Government. Back in December, 60 Minutes broadcast a now-notorious segment of pure access journalism in which they gullibly disseminated one false NSA claim after the next in exchange for being given exclusive(!) access to a few Secret and Exciting Rooms inside the agency’s headquarters. The program claimed that Snowden “is believed to still have access to 1.5 million classified documents he has not leaked”. On its Twitter account, 60 Minutes made this claim to promote its show:
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  • In fact, that number is and always has been a pure fabrication, as even Keith Alexander admits. The claimed number has changed more times than one can count: always magically morphing into randomly chosen higher and scarier numbers. The reality, in the words of the General, is that the US Government ”really [doesn't] know[] what he actually took with him” and they ”don’t have an accurate way of counting”. All they know is how many documents he accessed in his entire career at NSA, which is a radically different question from how many documents he took. But that hasn’t stopped American media outlets from repeatedly affirming the inflammatory evidence-free claim that Snowden took 1.7 million documents. As usual, even the most blatantly unreliable claims from National Security State officials are treated as infallible papal pronouncements by our Adversarial Watchdog Press. There’s an equally vital point made by Alexander’s admission. The primary defense of the NSA and its defenders is that one need not worry about the staggering sums of data they collect because they have implemented very rigorous oversight mechanisms and controls that prevent abuse. Yet Edward Snowden spent months downloading a large amount of highly sensitive documents right under their noses. And not only did they have no idea that he was doing it, but now – even after spending large sums of money to find out – they are still completely incapable of learning which documents he took or even how many he took. Does that at all sound like a well-managed, tightly controlled system that you can trust to safeguard your most personal data and to detect and prevent abuse of this system by the tens of thousands of people who have access to it?
  • The release date for my book on the NSA, privacy, and our reporting of the surveillance story, No Place to Hide, is next Tuesday, May 13, at which time all of the previously unpublished NSA documents that are reported on in the book will be placed online, with free access, at the book’s website.
Paul Merrell

Most Agencies Falling Short on Mandate for Online Records - 0 views

  • Nearly 20 years after Congress passed the Electronic Freedom of Information Act Amendments (E-FOIA), only 40 percent of agencies have followed the law's instruction for systematic posting of records released through FOIA in their electronic reading rooms, according to a new FOIA Audit released today by the National Security Archive at www.nsarchive.org to mark Sunshine Week. The Archive team audited all federal agencies with Chief FOIA Officers as well as agency components that handle more than 500 FOIA requests a year — 165 federal offices in all — and found only 67 with online libraries populated with significant numbers of released FOIA documents and regularly updated.
  • Congress called on agencies to embrace disclosure and the digital era nearly two decades ago, with the passage of the 1996 "E-FOIA" amendments. The law mandated that agencies post key sets of records online, provide citizens with detailed guidance on making FOIA requests, and use new information technology to post online proactively records of significant public interest, including those already processed in response to FOIA requests and "likely to become the subject of subsequent requests." Congress believed then, and openness advocates know now, that this kind of proactive disclosure, publishing online the results of FOIA requests as well as agency records that might be requested in the future, is the only tenable solution to FOIA backlogs and delays. Thus the National Security Archive chose to focus on the e-reading rooms of agencies in its latest audit. Even though the majority of federal agencies have not yet embraced proactive disclosure of their FOIA releases, the Archive E-FOIA Audit did find that some real "E-Stars" exist within the federal government, serving as examples to lagging agencies that technology can be harnessed to create state-of-the art FOIA platforms. Unfortunately, our audit also found "E-Delinquents" whose abysmal web performance recalls the teletype era.
  • E-Delinquents include the Office of Science and Technology Policy at the White House, which, despite being mandated to advise the President on technology policy, does not embrace 21st century practices by posting any frequently requested records online. Another E-Delinquent, the Drug Enforcement Administration, insults its website's viewers by claiming that it "does not maintain records appropriate for FOIA Library at this time."
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  • "The presumption of openness requires the presumption of posting," said Archive director Tom Blanton. "For the new generation, if it's not online, it does not exist." The National Security Archive has conducted fourteen FOIA Audits since 2002. Modeled after the California Sunshine Survey and subsequent state "FOI Audits," the Archive's FOIA Audits use open-government laws to test whether or not agencies are obeying those same laws. Recommendations from previous Archive FOIA Audits have led directly to laws and executive orders which have: set explicit customer service guidelines, mandated FOIA backlog reduction, assigned individualized FOIA tracking numbers, forced agencies to report the average number of days needed to process requests, and revealed the (often embarrassing) ages of the oldest pending FOIA requests. The surveys include:
  • The federal government has made some progress moving into the digital era. The National Security Archive's last E-FOIA Audit in 2007, " File Not Found," reported that only one in five federal agencies had put online all of the specific requirements mentioned in the E-FOIA amendments, such as guidance on making requests, contact information, and processing regulations. The new E-FOIA Audit finds the number of agencies that have checked those boxes is now much higher — 100 out of 165 — though many (66 in 165) have posted just the bare minimum, especially when posting FOIA responses. An additional 33 agencies even now do not post these types of records at all, clearly thwarting the law's intent.
  • The FOIAonline Members (Department of Commerce, Environmental Protection Agency, Federal Labor Relations Authority, Merit Systems Protection Board, National Archives and Records Administration, Pension Benefit Guaranty Corporation, Department of the Navy, General Services Administration, Small Business Administration, U.S. Citizenship and Immigration Services, and Federal Communications Commission) won their "E-Star" by making past requests and releases searchable via FOIAonline. FOIAonline also allows users to submit their FOIA requests digitally.
  • THE E-DELINQUENTS: WORST OVERALL AGENCIES In alphabetical order
  • Key Findings
  • Excuses Agencies Give for Poor E-Performance
  • Justice Department guidance undermines the statute. Currently, the FOIA stipulates that documents "likely to become the subject of subsequent requests" must be posted by agencies somewhere in their electronic reading rooms. The Department of Justice's Office of Information Policy defines these records as "frequently requested records… or those which have been released three or more times to FOIA requesters." Of course, it is time-consuming for agencies to develop a system that keeps track of how often a record has been released, which is in part why agencies rarely do so and are often in breach of the law. Troublingly, both the current House and Senate FOIA bills include language that codifies the instructions from the Department of Justice. The National Security Archive believes the addition of this "three or more times" language actually harms the intent of the Freedom of Information Act as it will give agencies an easy excuse ("not requested three times yet!") not to proactively post documents that agency FOIA offices have already spent time, money, and energy processing. We have formally suggested alternate language requiring that agencies generally post "all records, regardless of form or format that have been released in response to a FOIA request."
  • Disabilities Compliance. Despite the E-FOIA Act, many government agencies do not embrace the idea of posting their FOIA responses online. The most common reason agencies give is that it is difficult to post documents in a format that complies with the Americans with Disabilities Act, also referred to as being "508 compliant," and the 1998 Amendments to the Rehabilitation Act that require federal agencies "to make their electronic and information technology (EIT) accessible to people with disabilities." E-Star agencies, however, have proven that 508 compliance is no barrier when the agency has a will to post. All documents posted on FOIAonline are 508 compliant, as are the documents posted by the Department of Defense and the Department of State. In fact, every document created electronically by the US government after 1998 should already be 508 compliant. Even old paper records that are scanned to be processed through FOIA can be made 508 compliant with just a few clicks in Adobe Acrobat, according to this Department of Homeland Security guide (essentially OCRing the text, and including information about where non-textual fields appear). Even if agencies are insistent it is too difficult to OCR older documents that were scanned from paper, they cannot use that excuse with digital records.
  • Privacy. Another commonly articulated concern about posting FOIA releases online is that doing so could inadvertently disclose private information from "first person" FOIA requests. This is a valid concern, and this subset of FOIA requests should not be posted online. (The Justice Department identified "first party" requester rights in 1989. Essentially agencies cannot use the b(6) privacy exemption to redact information if a person requests it for him or herself. An example of a "first person" FOIA would be a person's request for his own immigration file.) Cost and Waste of Resources. There is also a belief that there is little public interest in the majority of FOIA requests processed, and hence it is a waste of resources to post them. This thinking runs counter to the governing principle of the Freedom of Information Act: that government information belongs to US citizens, not US agencies. As such, the reason that a person requests information is immaterial as the agency processes the request; the "interest factor" of a document should also be immaterial when an agency is required to post it online. Some think that posting FOIA releases online is not cost effective. In fact, the opposite is true. It's not cost effective to spend tens (or hundreds) of person hours to search for, review, and redact FOIA requests only to mail it to the requester and have them slip it into their desk drawer and forget about it. That is a waste of resources. The released document should be posted online for any interested party to utilize. This will only become easier as FOIA processing systems evolve to automatically post the documents they track. The State Department earned its "E-Star" status demonstrating this very principle, and spent no new funds and did not hire contractors to build its Electronic Reading Room, instead it built a self-sustaining platform that will save the agency time and money going forward.
Paul Merrell

Pentagon report: scope of intelligence compromised by Snowden 'staggering' | World news... - 0 views

  • • Classified assessment describes impact of leaks as 'grave' • Report does not include specific detail to support conclusions• 12 of 39 heavily redacted pages released after Foia request• Read the full Defense Intelligence Agency report
  • A top-secret Pentagon report to assess the damage to national security from the leak of classified National Security Agency documents by Edward Snowden concluded that “the scope of the compromised knowledge related to US intelligence capabilities is staggering”.The Guardian has obtained a copy of the Defense Intelligence Agency's classified damage assessment in response to a Freedom of Information Act (Foia) lawsuit filed against the Defense Department earlier this year. The heavily redacted 39-page report was prepared in December and is titled “DoD Information Review Task Force-2: Initial Assessment, Impacts Resulting from the Compromise of Classified Material by a Former NSA Contractor.”But while the DIA report describes the damage to US intelligence capabilities as “grave”, the government still refuses to release any specific details to support this conclusion. The entire impact assessment was redacted from the material released to the Guardian under a presidential order that protects classified information and several other Foia exemptions.Only 12 pages of the report were declassified by DIA and released. A Justice Department attorney said DIA would continue to process other internal documents that refer to the DIA report for possible release later this year.
  • The classified damage assessment was first cited in a news report published by Foreign Policy on January 9. The Foreign Policy report attributed details of the DIA assessment to House intelligence committee chairman Mike Rogers and its ranking Democrat Dutch Ruppersberger. The lawmakers said the White House had authorized them to discuss the document in order to undercut the narrative of Snowden being portrayed as a heroic whistleblower.The DIA report has been cited numerous times by Rogers and Rusppersberger and other lawmakers who claimed Snowden’s leaks have put US personnel at risk.
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  • But details to back up Rogers' claims are not included in the declassified material released to the Guardian.Neither he nor any other lawmaker has disclosed specific details from the DIA report but they have continued to push the “damage” narrative in interviews with journalists and during appearances on Sunday talk shows.
  • The declassified material does not state the number of documents Snowden is alleged to have taken, which Rogers and Ruppersberger have claimed, again citing the DIA’s assessment, was 1.7m. Nor does the declassified portion of the report identify Snowden by name.“[Redacted] a former NSA contractor compromised [redacted] from NSA Net and the Joint Worldwide Intelligence Communications System (JWICS),” the report says. “On 6 June 2013, media groups published the first stories based on this material, and on 9 June 2013 they identified the source as an NSA contractor who had worked in Hawaii.”JWICS is identified as a “24 hour a day network designed to meet the requirements for secure [top-secret/sensitive compartmented information] multi-media intelligence communications worldwide. The Defense Intelligence Agency (DIA) has directed that all Special Security Offices (SSOs) will install the JWICS.”The Washington Post, quoting anonymous sources, reported last October that Snowden “lifted the documents from a top-secret network run by the Defense Intelligence Agency and used by intelligence arms of the Army, Air Force, Navy and Marines.” The Post further claimed that Snowden “took 30,000 documents that involve the intelligence work of one of the services” and that he gained access to the documents through JWICS.
  • A top-secret Pentagon report to assess the damage to national security from the leak of classified National Security Agency documents by Edward Snowden concluded that “the scope of the compromised knowledge related to US intelligence capabilities is staggering”. The Guardian has obtained a copy of the Defense Intelligence Agency's classified damage assessment in response to a Freedom of Information Act (Foia) lawsuit filed against the Defense Department earlier this year. The heavily redacted 39-page report was prepared in December and is titled “DoD Information Review Task Force-2: Initial Assessment, Impacts Resulting from the Compromise of Classified Material by a Former NSA Contractor.” But while the DIA report describes the damage to US intelligence capabilities as “grave”, the government still refuses to release any specific details to support this conclusion. The entire impact assessment was redacted from the material released to the Guardian under a presidential order that protects classified information and several other Foia exemptions.
  • Only 12 pages of the report were declassified by DIA and released. A Justice Department attorney said DIA would continue to process other internal documents that refer to the DIA report for possible release later this year. Steven Aftergood, director of the Project on Government Secrecy at the Federation of American Scientists, questioned the decision to withhold specific details. "The essence of the report is contained in the statement that 'the scope of the compromised knowledge related to US intelligence capabilities is staggering'. But all elaboration of what this striking statement means has been withheld," he said. The assessment excluded NSA-related information and dealt exclusively with non-NSA defense materials. The report was distributed to multiple US military commands around the world and all four military branches.
  • The classified damage assessment was first cited in a news report published by Foreign Policy on January 9. The Foreign Policy report attributed details of the DIA assessment to House intelligence committee chairman Mike Rogers and its ranking Democrat Dutch Ruppersberger. The lawmakers said the White House had authorized them to discuss the document in order to undercut the narrative of Snowden being portrayed as a heroic whistleblower. The DIA report has been cited numerous times by Rogers and Rusppersberger and other lawmakers who claimed Snowden’s leaks have put US personnel at risk. In January, Rogers asserted that the report concluded that most of the documents Snowden took "concern vital operations of the US Army, Navy, Marine Corps and Air Force". "This report confirms my greatest fears — Snowden’s real acts of betrayal place America’s military men and women at greater risk. Snowden’s actions are likely to have lethal consequences for our troops in the field," Rogers said in a statement at the time.
  • But details to back up Rogers' claims are not included in the declassified material released to the Guardian. Neither he nor any other lawmaker has disclosed specific details from the DIA report but they have continued to push the “damage” narrative in interviews with journalists and during appearances on Sunday talk shows. The declassified portion of the report obtained by the Guardian says only that DIA “assesses with high confidence that the information compromise by a former NSA contractor [redacted] and will have a GRAVE impact on US national defense”. The declassified material does not state the number of documents Snowden is alleged to have taken, which Rogers and Ruppersberger have claimed, again citing the DIA’s assessment, was 1.7m.
  • No evidence has surfaced to support persistent claims from pundits and lawmakers that Snowden has provided any of the NSA documents he obtained to a “foreign adversary”. Ben Wizner, Snowden’s attorney at the American Civil Liberties Union, said: "This report, which makes unsubstantiated claims about alleged harm to national security, is from December of 2013. Just this month, Keith Alexander admitted in an interview that he doesn’t 'think anybody really knows what he [Snowden] actually took with him, because the way he did it, we don’t have an accurate way of counting'. In other words, the government’s so-called damage assessment is based entirely on guesses, not on facts or evidence."
  • Steven Aftergood, of the Federation of American Scientists, pointed out that the report's finding that the Snowden leaks had a "grave" impact did not follow any of the levels defined in the annex. "That is a bit odd," he said, adding: "Within this hierarchy, it is not clear where 'grave impact' would fall."
Paul Merrell

Secret Docs Reveal Dubious Details of Targeted Killings in Afghanistan - SPIEGEL ONLINE - 0 views

  • Combat operations in Afghanistan may be coming to an end, but a look at secret NATO documents reveals that the US and the UK were far less scrupulous in choosing targets for killing than previously believed. Drug dealers were also on the lists.
  • The child and his father are two of the many victims of the dirty secret operations that NATO conducted for years in Afghanistan. Their fate is described in secret documents to which SPIEGEL was given access. Some of the documents concerning the International Security Assistance Force (ISAF) and the NSA and GCHQ intelligence services are from the archive of whistleblower Edward Snowden. Included is the first known complete list of the Western alliance's "targeted killings" in Afghanistan. The documents show that the deadly missions were not just viewed as a last resort to prevent attacks, but were in fact part of everyday life in the guerilla war in Afghanistan. The list, which included up to 750 people at times, proves for the first time that NATO didn't just target the Taliban leadership, but also eliminated mid- and lower-level members of the group on a large scale. Some Afghans were only on the list because, as drug dealers, they were allegedly supporting the insurgents.
  • Different rules apply in war than in fighting crime in times of peace. But for years the West tied its campaign in Afghanistan to the promise that it was fighting for different values there. A democracy that kills its enemies on the basis of nothing but suspicion squanders its claim to moral superiority, making itself complicit instead. This lesson from Afghanistan also applies to the conflicts in Syria, Iraq, Pakistan and Yemen. The material SPIEGEL was able to review is from 2009 to 2011, and falls within the term of US President Barack Obama, who was inaugurated in January 2009. For Obama, Afghanistan was the "good" war and therefore legitimate -- in contrast to the Iraq war. The president wanted to end the engagement in Iraq as quickly as possible, but in Afghanistan his aim was to win.
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  • After Obama assumed office, the US government opted for a new strategy. In June 2009, then Defense Secretary Robert Gates installed Stanley McChrystal, a four-star general who had served in Iraq, as commander of US forces in Afghanistan. McChrystal promoted the aggressive pursuit of the Taliban. Obama sent 33,000 additional troops to Afghanistan, but their deployment was tied to a demand that military officials provide a binding date for the withdrawal of US forces. At the same time, the president distanced himself from the grand objectives the West had proclaimed when it first marched into Kabul. The United States would not try to make Afghanistan "a perfect place," said Obama. Its new main objective was to fight the insurgency.
  • This marked the beginning of one of the bloodiest phases of the war. Some 2,412 civilians died in Afghanistan in 2009. Two-thirds of them were killed by insurgents and 25 percent by NATO troops and Afghan security forces. The number of operations against the Taliban rose sharply, to between 10 and 15 a night. The operations were based on the lists maintained by the CIA and NATO -- Obama's lists. The White House dubbed the strategy "escalate and exit." McChrystal's successor, General David Petraeus, documented the strategy in "Field Manual 3-24" on fighting insurgencies, which remains a standard work today. Petraeus outlined three stages in fighting guerilla organizations like the Taliban. The first was a cleansing phase, in which the enemy leadership is weakened. After that, local forces were to regain control of the captured areas. The third phase was focused on reconstruction. Behind closed doors, Petraeus and his staff explained exactly what was meant by "cleansing." German politicians recall something that Michael T. Flynn, the head of ISAF intelligence in Afghanistan, once said during a briefing: "The only good Talib is a dead Talib."
  • Under Petraeus, a merciless campaign began to hunt down the so-called shadow governors and local supporters aligned with the Islamists. For the Americans, the fact that the operations often ended in killings was seen as a success. In August 2010, Petraeus proudly told diplomats in Kabul that he had noticed a shifting trend. The figures he presented as evidence made some of the ambassadors feel uneasy. At least 365 insurgent commanders, Petraeus explained, had been neutralized in the last three months, for an average of about four killings a day. The existence of documents relating to the so-called Joint Prioritized Effects List (JPEL) has only been described in vague terms until now. The missions by US special units are mentioned but not discussed in detail in the US Army Afghanistan war logs published by WikiLeaks in 2010, together with the New York Times, the Guardian and SPIEGEL. The documents that have now become accessible provide, for the first time, a systematic view of the targeted killings. They outline the criteria used to determine who was placed on the list and why.
  • According to the NSA document, in October 2008 the NATO defense ministers made the momentous decision that drug networks would now be "legitimate targets" for ISAF troops. "Narcotics traffickers were added to the Joint Prioritized Effects List (JPEL) list for the first time," the report reads. In the opinion of American commanders like Bantz John Craddock, there was no need to prove that drug money was being funneled to the Taliban to declare farmers, couriers and dealers as legitimate targets of NATO strikes.
  • The document also reveals how vague the basis for deadly operations apparently was. In the voice recognition procedure, it was sufficient if a suspect identified himself by name once during the monitored conversation. Within the next 24 hours, this voice recognition was treated as "positive target identification" and, therefore, as legitimate grounds for an airstrike. This greatly increased the risk of civilian casualties. Probably one of the most controversial decisions by NATO in Afghanistan is the expansion of these operations to include drug dealers. According to an NSA document, the United Nations estimated that the Taliban was earning $300 million a year through the drug trade. The insurgents, the document continues, "could not be defeated without disrupting the drug trade."
  • When an operation could potentially result in civilian casualties, ISAF headquarters in Kabul had to be involved. "The rule of thumb was that when there was estimated collateral damage of up to 10 civilians, the ISAF commander in Kabul was to decide whether the risk was justifiable," says an ISAF officer who worked with the lists for years. If more potential civilian casualties were anticipated, the decision was left up to the relevant NATO headquarters office. Bodyguards, drivers and male attendants were viewed as enemy combatants, whether or not they actually were. Only women, children and the elderly were treated as civilians. Even officers who were involved in the program admit that these guidelines were cynical. If a Taliban fighter was repeatedly involved in deadly attacks, a "weighing of interests" was performed. The military officials would then calculate how many human lives could be saved by the "kill," and how many civilians would potentially be killed in an airstrike.
  • In early 2009, Craddock, NATO's Supreme Allied Commander for Europe at the time, issued an order to expand the targeted killings of Taliban officials to drug producers. This led to heated discussions within NATO. German NATO General Egon Ramms declared the order "illegal" and a violation of international law. The power struggle within NATO finally led to a modification of Craddock's directive: Targets related to the drug production at least had to be investigated as individual cases. The top-secret dossier could be highly damaging to the German government. For years, German authorities have turned over the mobile phone numbers of German extremists in Afghanistan to the United States. At the same time, the German officials claimed that homing in on mobile phone signals was far too imprecise for targeted killings. This is apparently an untenable argument. According to the 2010 document, both Eurofighters and drones had "the ability to geolocate a known GSM handset." In other words, active mobile phones could serve as tracking devices for the special units.
  • The classified documents could now have legal repercussions. The human rights organization Reprieve is weighing legal action against the British government. Reprieve believes it is especially relevant that the lists include Pakistanis who were located in Pakistan. "The British government has repeatedly stated that it is not pursuing targets in Pakistan and not doing air strikes on Pakistani territory," says Reprieve attorney Jennifer Gibson. The documents, she notes, also show that the "war on terror" was virtually conflated with the "war on drugs." "This is both new and extremely legally troubling," says Gibson.
  • A 2009 CIA study that addresses targeted killings of senior enemy officials worldwide reaches a bitter conclusion. Because of the Taliban's centralized but flexible leadership, as well as its egalitarian tribal structures, the targeted killings were only moderately successful in Afghanistan. "Morover, the Taliban has a high overall ability to replace lost leaders," the study finds.
Gary Edwards

The Real Reason for the Iraq War | VICE United Kingdom - 1 views

  • Like most lefty journalists, I assumed that George Bush and Tony Blair invaded Iraq to buy up its oil fields, cheap and at gun-point, and cart off the oil. We thought we knew the neo-cons true casus belli: Blood for oil. But the truth in the Options for Iraqi Oil Industry was worse than "Blood for Oil". Much, much worse.
  • Within days, our chief of investigations, Ms Badpenny, delivered to my shack in the woods outside New York a 323-page, three-volume programme for Iraq's oil crafted by George Bush's State Department and petroleum insiders meeting secretly in Houston, Texas. I cracked open the pile of paper – and I was blown away.
  • I'd already had in my hands a 101-page document, another State Department secret scheme, first uncovered by Wall Street Journal reporter Neil King, that called for the privatisation, the complete sell-off of every single government-owned asset and industry. And in case anyone missed the point, the sales would include every derrick, pipe and barrel of oil, or, as the document put it, "especially the oil". That plan was created by a gaggle of corporate lobbyists and neo-cons working for the Heritage Foundation. In 2004, the plan's authenticity was confirmed by Washington power player Grover Norquist. (It's hard to erase the ill memory of Grover excitedly waving around his soft little hands as he boasted about turning Iraq into a free-market Disneyland, recreating Chile in Mesopotamia, complete with the Pinochet-style dictatorship necessary to lock up the assets – while behind Norquist, Richard Nixon snarled at me from a gargantuan portrait.) The neo-con idea was to break up and sell off Iraq's oil fields, ramp up production, flood the world oil market – and thereby smash OPEC and with it, the political dominance of Saudi Arabia.
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  • General Jay Garner also confirmed the plan to grab the oil. Indeed, Secretary of Defense Donald Rumsfeld fired Garner, when the General, who had lived in Iraq, complained the neo-con grab would set off a civil war. It did. Nevertheless, Rumsfeld replaced Garner with a new American viceroy, Paul Bremer, a partner in Henry Kissinger's firm, to complete the corporate takeover of Iraq's assets – "especially the oil".
  • But that was not to be. While Bremer oversaw the wall-to-wall transfer of Iraqi industries to foreign corporations, he was stopped cold at the edge of the oil fields. How? I knew there was only one man who could swat away the entire neo-con army: James Baker, former Secretary of State, Bush family consiglieri and most important, counsel to Exxon-Mobil Corporation and the House of Saud.
  • There was no way in hell that Baker's clients, from Exxon to Abdullah, were going to let a gaggle of neo-con freaks smash up Iraq's oil industry, break OPEC production quotas, flood the market with six million bbd of Iraqi oil and thereby knock the price of oil back down to $13 a barrel where it was in 1998.
  • Big Oil could not allow Iraq's oil fields to be privatised and taken from state control. That would make it impossible to keep Iraq within OPEC (an avowed goal of the neo-cons) as the state could no longer limit production in accordance with the cartel's quota system. The US oil industry was using its full political mojo to prevent their being handed ownership of Iraq's oil fields. That's right: The oil companies didn't want to own the oil fields – and they sure as hell didn't want the oil. Just the opposite. They wanted to make sure there would be a limit on the amount of oil that would come out of Iraq. Saddam wasn't trying to stop the flow of oil – he was trying to sell more. The price of oil had been boosted 300 percent by sanctions and an embargo cutting Iraq's sales to two million barrels a day from four. With Saddam gone, the only way to keep the damn oil in the ground was to leave it locked up inside the busted state oil company which would remain under OPEC (i.e. Saudi) quotas. The James Baker Institute quickly and secretly started in on drafting the 323-page plan for the State Department. With authority granted from the top (i.e. Dick Cheney), ex-Shell Oil USA CEO Phil Carroll was rushed to Baghdad in May 2003 to take charge of Iraq's oil. He told Bremer, "There will be no privatisation of oil – END OF STATEMENT." Carroll then passed off control of Iraq's oil to Bob McKee of Halliburton, Cheney's old oil-services company, who implemented the Baker "enhance OPEC" option anchored in state ownership.
  • This week, VICE readers can download, for free, Greg Palast's investigation of the war in Iraq in the BBC film, Bush Family Fortunes, at www.GregPalast.com – as well as the illustrated poster of "The Secret History of War over Oil in Iraq" from Palast's international bestseller, Armed Madhouse, also at www.GregPalast.com
  • Some oil could be released, mainly to China, through limited, but lucrative, "production sharing agreements". And that's how George Bush won the war in Iraq. The invasion was not about "blood for oil", but something far more sinister: blood for no oil. War to keep supply tight and send prices skyward. Oil men, whether James Baker or George Bush or Dick Cheney, are not in the business of producing oil. They are in the business of producing profits. And they've succeeded. Iraq, capable of producing six to 12 million barrels of oil a day, still exports well under its old OPEC quota of three million barrels. The result: As we mark the tenth anniversary of the invasion this month, we also mark the fifth year of crude at $100 a barrel. As George Bush could proudly say to James Baker: Mission Accomplished!
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    The Sherman Act forbids conspiracies in restraint of trade and is at its zenith in price-fixing cases. This looks to be the mother of all price-fixing cases, to say the least.   
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    Wow, Marbux has it right.  This report from the legendary Greg Palast of the BBC News Network is a stunning reversal of what everyone believed to be the truth.  To wit, the militarist and global strategist - resource control hungry neocon contingent of the Repubican party was always thought to be behind the Iraqi war.  For control of cheap, plentiful oil and, the protection / destruction of Israel's enemies.   Funny, but it turns out America was fighting for higher oil prices and limited supplies.  Just as in the first Gulf War, Americans were fighting to protect Saudi and big oil profits. excerpt: Big Oil could not allow Iraq's oil fields to be privatised and taken from state control. That would make it impossible to keep Iraq within OPEC (an avowed goal of the neo-cons) as the state could no longer limit production in accordance with the cartel's quota system. The US oil industry was using its full political mojo to prevent their being handed ownership of Iraq's oil fields. That's right: The oil companies didn't want to own the oil fields - and they sure as hell didn't want the oil. Just the opposite. They wanted to make sure there would be a limit on the amount of oil that would come out of Iraq. Saddam wasn't trying to stop the flow of oil - he was trying to sell more. The price of oil had been boosted 300 percent by sanctions and an embargo cutting Iraq's sales to two million barrels a day from four. With Saddam gone, the only way to keep the damn oil in the ground was to leave it locked up inside the busted state oil company which would remain under OPEC (i.e. Saudi) quotas. The James Baker Institute quickly and secretly started in on drafting the 323-page plan for the State Department. With authority granted from the top (i.e. Dick Cheney), ex-Shell Oil USA CEO Phil Carroll was rushed to Baghdad in May 2003 to take charge of Iraq's oil. He told Bremer, "There will be no privatisation of oil - END OF STATEMENT." Carroll then passed off control
Paul Merrell

M of A - US Military In Iraq Circulates Fake Islamic State Document - Media Fall For it - 0 views

  • It seems that the U.S. military is propagandizing against the Islamic State by distributing fake Islamic State documents. This, in effect, will make the Islamic State look better than it is. Iraqi Forces Fighting for Ramadi Make Their Way Toward City Center In a telephone briefing on Tuesday, [Col. Steven H. Warren, the United States military spokesman in Baghdad,] said that coalition forces had recovered Islamic State leaflets in the nearby city of Falluja urging its fighters — if they lose control of the city — to impersonate Iraqi security forces and commit atrocities. “Some acts that they’re instructed to do on this document include blowing up mosques, killing and torturing civilians and breaking into homes while dressed as I.S.F. fighters,” Colonel Warren said, referring to Iraqi security forces. “They do all this to discredit the I.S.F.” Colonel Warren called the instructions in the leaflets “the behavior of thugs, behavior of killers, the behavior of terrorists.” Colonel Warren also tweeted the "Islamic State leaflet" and its translation: COL Steve Warren Verified account @OIRSpox ISIL fighters ordered to dress as ISF and commit atrocities before fleeing Fallujah. [Photo of the document and its translation] 7:30 AM - 22 Dec 2015"
  • The document was immediately identified as fake by Aymenn Jawad Al-Tamimi, a well known researcher who curates a large collection of all published Islamic State documents: Aymenn J Al-Tamimi @ajaltamimi Aymenn J Al-Tamimi Retweeted COL Steve Warren Dear Col. Steve Warren @OIRSpox, this purported 'Fallujah withdrawal' document is an obvious fake: 7:43 AM - 22 Dec 2015 Al Tamimi gives two main reasons why he believes the document is fake: the document allegedly from Fallujah is under an IS letter head from Ninawa province. Fallujah is in Anbar province, the document refers to the government militia with its real honorable name "Hashd Sha'abi" while the regular derogatory Islamic State term for the militia is "Hashd Rafidi". Another writer with deep experience in the region also believes that the document is fake: Anand Gopal @Anand_Gopal_ Anand Gopal Retweeted COL Steve Warren Here’s a US military spokesman circulating fake ISIS documents as propaganda 9:41 AM - 22 Dec 2015
  • An Iraq security analyst concurs: Alex M. @Alex_de_M COL Warren needs a chat with his G2 section. The leaflets are pretty obviously fakes... 9:45 AM - 22 Dec 2015 One would think that the behavior the Islamic State displays in its own propaganda videos is argument enough to condemn it. By using obviously fake IS documents to condemn the Islamic State the U.S. military creates the opposite effect. That the U.S. needs fake evidence to let the Islamic State look bad actually makes it look better than it is. This not only in the eyes of its followers.
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  • Update Dec 23, 3:45am The NYT, quoted above, has now changed its piece without issuing a correction note. The text now says: In a telephone briefing on Tuesday, Colonel Warren said that coalition forces had recovered what he said were Islamic State leaflets in the nearby city of Falluja urging its fighters — if they lose control of the city — to impersonate Iraqi security forces and commit atrocities.The authenticity of the leaflets could not be independently confirmed, and experts on the Islamic State were debating their validity after the coalition publicized them on Tuesday. The NYT first repeated the military propaganda of the fake leaflet without any doubt or checking of its authenticity. It now says that there is a "debate" about the genuineness of the document. There is no "debate". The experts all say that the document is fake. This is - if at all - a "debate" about the earth being flat. It is another low that the NYT can even not admit that it has again been taken in by military's propaganda.
Paul Merrell

Ex-IAEA Chief Warns on Using Unverified Intel to Pressure Iran « LobeLog - 0 views

  • In a critique of the handling of the Iran file by the International Atomic Energy Agency, former IAEA Director General Han Blix has called for greater skepticism about the intelligence documents and reports alleging Iranian nuclear weapons work and warned that they may be used to put diplomatic pressure on Tehran. In an interview with this writer in his Stockholm apartment late last month, Blix, who headed the IAEA from 1981 to 1997, also criticized the language repeated by the IAEA under its current director general, Yukiya Amano, suggesting that Iran is still under suspicion of undeclared nuclear activity. Blix, who clashed with US officials when he was head of the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC) on weapons of mass destruction in Iraq from 2000 to 2003, said he has long been skeptical of intelligence that has been used to accuse Iraq and Iran of having active nuclear-weapons programs. “I’ve often said you have as much disinformation as information” on alleged weaponization efforts in those countries, Blix said.
  • Referring to the allegations of past Iranian nuclear weapons research that have been published in IAEA reports, Blix said, “Something that worries me is that these accusations that come from foreign intelligence agencies can be utilized by states to keep Iran under suspicion.” Such allegations, according to Blix, “can be employed as a tactic to keep the state in a suspect light—to keep Iran on the run.” The IAEA, he said, “should be cautious and not allow itself to be drawn into such a tactic.” Blix warned that compromising the independence of the IAEA by pushing it to embrace unverified intelligence was not in the true interests of those providing the intelligence. The IAEA Member States providing the intelligence papers to the IAEA “have a long-term interest in an international service that seeks to be independent,” said Blix. “In the Security Council they can pursue their own interest, but the [IAEA] dossier has to be as objective as possible.”
  • In 2005, the George W. Bush administration gave the IAEA a large cache of documents purporting to derive from a covert Iranian nuclear weapons research and development program from 2001 to 2003. Israel provided a series of documents and intelligence reports on alleged Iranian nuclear weapons work in 2008 and 2009. Blix’s successor as IAEA director general, Mohamed ElBaradei, recalled in his 2011 memoirs having doubts about the authenticity of both sets of intelligence documents. ElBaradei resisted pressure from the United States and its European allies in 2009 to publish an “annex” to a regular IAEA report based on those unverified documents. But Amano agreed to do so, and the annex on “possible military dimensions” of the Iranian nuclear program was published in November 2011. During the current negotiations with Iran, the P5+1 (US, UK, Russia, China, France plus Germany) has taken the position that Iran must explain the intelligence documents and reports described in the annex.
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  • The provenance of the largest part of the intelligence documents—the so-called “laptop documents”—was an unresolved question for years after they were first reported in 2004 and 2005. But former senior German foreign office official Karsten Voigt confirmed in 2013 that the Iranian exile opposition group, the Mujahedeen E-Khalq (MEK), gave the original set of documents to the German intelligence service (BND) in 2004. The MEK has been reported by Seymour Hersh, Connie Bruck, and a popular history of the Mossad’s covert operations to have been a client of Israel’s foreign intelligence agency, the Mossad, serving to “launder” intelligence that Mossad did not want to have attributed to Israel. Blix has been joined by two other former senior IAEA officials in criticizing the agency for its uncritical presentation of the intelligence documents cited in the November 2011 annex. Robert Kelley, the head of the Iraq team under both Blix and ElBaradei, and Tariq Rauf, the former head of the Agency’s Verification and Security Policy Coordination Office, have written that the annex employed “exaggeration, innuendo and careful choice of words” in presenting intelligence information from an unidentified Member State of the IAEA on the alleged cylinder at the Parchin military facility.
  • Blix said he is “critical” of the IAEA for the boilerplate language used in its reports on Iran that the Agency is “not in a position to provide credible assurances about the absence of undeclared nuclear material and activities….” Blix added that it is “erroneous” to suggest that the IAEA would be able to provide such assurances if Iran or any other state were more cooperative. As head of UNMOVIC, Blix recalled, “I was always clear that there could always be small things in a big geographical area that can be hidden, and you can never guarantee completely that there are no undeclared activities.” “In Iraq we didn’t maintain there was nothing,” he said. “We said we had made 700 inspections at 500 sites and we had not seen anything.” Blix emphasized that he was not questioning the importance of maximizing inspections, or of Iran’s ratification of the Additional Protocol. “I think the more inspections you can perform the smaller the residue of uncertainty,” he said.
  • n a critique of the handling of the Iran file by the International Atomic Energy Agency, former IAEA Director General Han Blix has called for greater skepticism about the intelligence documents and reports alleging Iranian nuclear weapons work and warned that they may be used to put diplomatic pressure on Tehran. In an interview with this writer in his Stockholm apartment late last month, Blix, who headed the IAEA from 1981 to 1997, also criticized the language repeated by the IAEA under its current director general, Yukiya Amano, suggesting that Iran is still under suspicion of undeclared nuclear activity. Blix, who clashed with US officials when he was head of the United Nations Monitoring, Verification and Inspection Commission (UNMOVIC) on weapons of mass destruction in Iraq from 2000 to 2003, said he has long been skeptical of intelligence that has been used to accuse Iraq and Iran of having active nuclear-weapons programs. “I’ve often said you have as much disinformation as information” on alleged weaponization efforts in those countries, Blix said.
Paul Merrell

Running for Cover: A Sham Air Force Summit Can't Fix the Close Air Support Gap Created ... - 0 views

  • “I can’t wait to be relieved of the burdens of close air support,” Major General James Post, the vice commander of Air Combat Command (ACC), allegedly told a collection of officers at a training session in August 2014. As with his now notorious warning that service members would be committing treason if they communicated with Congress about the successes of the A-10, Major General Post seems to speak for the id of Air Force headquarters’ true hostility towards the close air support (CAS) mission. Air Force four-stars are working hard to deny this hostility to the public and Congress, but their abhorrence of the mission has been demonstrated through 70 years of Air Force headquarters’ budget decisions and combat actions that have consistently short-changed close air support. For the third year in a row (many have already forgotten the attempt to retire 102 jets in the Air Force’s FY 2013 proposal), the Air Force has proposed retiring some or all of the A-10s, ostensibly to save money in order to pay for “modernization.” After failing to convince Congress to implement their plan last year (except for a last minute partial capitulation by retiring Senate and House Armed Services Committee chairmen Senator Carl Levin (D-MI) and Representative Buck McKeon (R-CA)) and encountering uncompromising pushback this year, Air Force headquarters has renewed its campaign with more dirty tricks.
  • First, Air Force headquarters tried to fight back against congressional skepticism by releasing cherry-picked data purporting to show that the A-10 kills more friendlies and civilians than any other U.S. Air Force plane, even though it actually has one of the lowest fratricide and civilian casualty rates. With those cooked statistics debunked and rejected by Senate Armed Services Chairman Senator John McCain (R-AZ), Air Force headquarters hastily assembled a joint CAS “Summit” to try to justify dumping the A-10. Notes and documents from the Summit meetings, now widely available throughout the Air Force and shared with the Project On Government Oversight’s Center for Defense Information (CDI), reveal that the recommendations of the Summit working groups were altered by senior Air Force leaders to quash any joint service or congressional concerns about the coming gaps in CAS capabilities. Air Force headquarters needed this whitewash to pursue, yet again, its anti-A-10 crusade without congressional or internal-Pentagon opposition.
  • The current A-10 divestment campaign, led by Air Force Chief of Staff Mark Welsh, is only one in a long chain of Air Force headquarters’ attempts by bomber-minded Air Force generals to get rid of the A-10 and the CAS mission. The efforts goes as far back as when the A-10 concept was being designed in the Pentagon, following the unfortunate, bloody lessons learned from the Vietnam War. For example, there was a failed attempt in late-1980s to kill off the A-10 by proposing to replace it with a supposedly CAS-capable version of the F-16 (the A-16). Air Force headquarters tried to keep the A-10s out of the first Gulf War in 1990, except for contingencies. A token number was eventually brought in at the insistence of the theater commander, and the A-10 so vastly outperformed the A-16s that the entire A-16 effort was dismantled. As a reward for these A-10 combat successes, Air Force headquarters tried to starve the program by refusing to give the A-10 any funds for major modifications or programmed depot maintenance during the 1990s. After additional combat successes in the Iraq War, the Air Force then attempted to unload the A-10 fleet in 2004.
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  • To ground troops and the pilots who perform the mission, the A-10 and the CAS mission are essential and crucial components of American airpower. The A-10 saves so many troop lives because it is the only platform with the unique capabilities necessary for effective CAS: highly maneuverable at low speeds, unmatched survivability under ground fire, a longer loiter time, able to fly more sorties per day that last longer, and more lethal cannon passes than any other fighter. These capabilities make the A-10 particularly superior in getting in close enough to support our troops fighting in narrow valleys, under bad weather, toe-to-toe with close-in enemies, and/or facing fast-moving targets. For these reasons, Army Chief of Staff General Ray Odierno has called the A-10 “the best close air support aircraft.” Other Air Force platforms can perform parts of the mission, though not as well; and none can do all of it. Senator Kelly Ayotte (R-NH) echoed the troops’ combat experience in a recent Senate Armed Services committee hearing: “It's ugly, it's loud, but when it comes in…it just makes a difference.”
  • In 2014, Congress was well on the way to roundly rejecting the Air Force headquarters’ efforts to retire the entire fleet of 350 A-10s. It was a strong, bipartisan demonstration of support for the CAS platform in all four of Congress’s annual defense bills. But in the final days of the 113th Congress, a “compromise” heavily pushed by the Air Force was tucked into the National Defense Authorization Act for FY 2015. The “compromise” allowed the Air Force to move A-10s into virtually retired “backup status” as long as the Cost Assessment and Program Evaluation (CAPE) office in DoD certified that the measure was the only option available to protect readiness. CAPE, now led by former Assistant Secretary of the Air Force for Financial Management and Comptroller Jamie Morin, duly issued that assessment—though in classified form, thus making it unavailable to the public. In one of his final acts as Secretary of Defense, Chuck Hagel then approved moving 18 A-10s to backup status.
  • The Air Force intends to replace the A-10 with the F-35. But despite spending nearly $100 billion and 14 years in development, the plane is still a minimum of six years away from being certified ready for any real—but still extremely limited—form of CAS combat. The A-10, on the other hand, is continuing to perform daily with striking effectiveness in Afghanistan, Iraq, and Syria—at the insistence of the CENTCOM commander and despite previous false claims from the Air Force that A-10s can’t be sent to Syria. A-10s have also recently been sent to Europe to be available for contingencies in Ukraine—at the insistence of the EUCOM Commander. These demands from active theaters are embarrassing and compelling counterarguments to the Air Force’s plea that the Warthog is no longer relevant or capable and needs to be unloaded to help pay for the new, expensive, more high-tech planes that Air Force headquarters vastly prefers even though the planes are underperforming.
  • So far, Congress has not been any more sympathetic to this year’s continuation of General Welsh’s campaign to retire the A-10. Chairman McCain rejected the Air Force’s contention that the F-35 was ready enough to be a real replacement for the A-10 and vowed to reverse the A-10 retirement process already underway. Senator Ayotte led a letter to Defense Secretary Ashton Carter with Senators Tom Cotton (R-AR), Lindsey Graham (R-SC), Thom Tillis (R-NC), Roger Wicker (R-MS), Mike Crapo (R-ID), Johnny Isakson (R-GA), and Richard Burr (R-NC) rebuking Hagel’s decision to place 18 A-10s in backup inventory. Specifically, the Senators called the decision a “back-door” divestment approved by a “disappointing rubber stamp” that guts “the readiness of our nation’s best close air support aircraft.” In the House, Representative Martha McSally (R-AZ) wrote to Secretary Carter stating that she knew from her own experience as a former A-10 pilot and 354th Fighter Squadron commander that the A-10 is uniquely capable for combat search and rescue missions, in addition to CAS, and that the retirement of the A-10 through a classified assessment violated the intent of Congress’s compromise with the Air Force:
  • Some in the press have been similarly skeptical of the Air Force’s intentions, saying that the plan “doesn’t add up,” and more colorfully, calling it “total bullshit and both the American taxpayer and those who bravely fight our wars on the ground should be furious.” Those reports similarly cite the Air Force’s longstanding antagonism to the CAS mission as the chief motive for the A-10’s retirement.
  • By announcing that pilots who spoke to Congress about the A-10 were “committing treason,” ACC Vice Commander Major General James Post sparked an Inspector General investigation and calls for his resignation from POGO and other whistleblower and taxpayer groups. That public relations debacle made it clear that the Air Force needed a new campaign strategy to support its faltering A-10 divestment campaign. On the orders of Air Force Chief of Staff General Mark Welsh, General Herbert “Hawk” Carlisle—the head of Air Combat Command—promptly announced a joint CAS Summit, allegedly to determine the future of CAS. It was not the first CAS Summit to be held (the most recent previous Summit was held in 2009), but it was the first to receive so much fanfare. As advertised, the purpose of the Summit was to determine and then mitigate any upcoming risks and gaps in CAS mission capabilities. But notes, documents, and annotated briefing slides reviewed by CDI reveal that what the Air Force publicly released from the Summit is nothing more than a white-washed assessment of the true and substantial operational risks of retiring the A-10.
  • Just prior to the Summit, a working group of approximately 40 people, including CAS-experienced Air Force service members, met for three days at Davis-Monthan Air Force Base to identify potential risks and shortfalls in CAS capabilities. But Air Force headquarters gave them two highly restrictive ground rules: first, assume the A-10s are completely divested, with no partial divestments to be considered; and second, assume the F-35 is fully CAS capable by 2021 (an ambitious assumption at best). The working groups included A-10 pilots, F-16 pilots, and Joint Terminal Attack Controllers (JTACs), all with combat-based knowledge of the CAS platforms and their shortfalls and risks. They summarized their findings with slides stating that the divestment would “cause significant CAS capability and capacity gaps for 10 to 12 years,” create training shortfalls, increase costs per flying hour, and sideline over 200 CAS-experienced pilots due to lack of cockpits for them. Additionally, they found that after the retirement of the A-10 there would be “very limited” CAS capability at low altitudes and in poor weather, “very limited” armor killing capability, and “very limited” ability to operate in the GPS-denied environment that most experts expect when fighting technically competent enemies with jamming technology, an environment that deprives the non-A-10 platforms of their most important CAS-guided munition. They also concluded that even the best mitigation plans they were recommending would not be sufficient to overcome these problems and that significant life-threatening shortfalls would remain.
  • General Carlisle was briefed at Davis-Monthan on these incurable risks and gaps that A-10 divestment would cause. Workshop attendees noted that he understood gaps in capability created by retiring the A-10 could not be solved with the options currently in place. General Carlisle was also briefed on the results of the second task to develop a list of requirements and capabilities for a new A-X CAS aircraft that could succeed the A-10. “These requirements look a lot like the A-10, what are we doing here?” he asked. The slides describing the new A-X requirements disappeared from subsequent Pentagon Summit presentations and were never mentioned in any of the press releases describing the summit.
  • At the four-day Pentagon Summit the next week, the Commander of the 355th Fighter Wing, Davis-Monthan Air Force Base, Col. James P. Meger, briefed lower level joint representatives from the Army and the Marine Corps about the risks identified by the group at Davis-Monthan. Included in the briefing was the prediction that divestment of the A-10 would result in “significant capability and capacity gaps for the next ten to twelve years” that would require maintaining legacy aircraft until the F-35A was fully operational. After the presentation, an Army civilian representative became concerned. The slides, he told Col. Meger, suggested that the operational dangers of divestment of the A-10 were much greater than had been previously portrayed by the Air Force. Col. Meger attempted to reassure the civilian that the mitigation plan would eliminate the risks. Following the briefing, Col. Meger met with Lt. Gen. Tod D. Wolters, the Deputy Chief of Staff for Operations for Air Force Headquarters. Notably, the Summit Slide presentation for general officers the next day stripped away any mention of A-10 divestment creating significant capability gaps. Any mention of the need to maintain legacy aircraft, including the A-10, until the F-35A reached full operating capability (FOC) was also removed from the presentation.
  • The next day, Col. Meger delivered the new, sanitized presentation to the Air Force Chief of Staff. There was only muted mention of the risks presented by divestment. There was no mention of the 10- to 12-year estimated capability gap, nor was there any mention whatsoever of the need to maintain legacy aircraft—such as the A-10 or less capable alternatives like the F-16 or F-15E—until the F-35A reached FOC. Other important areas of concern to working group members, but impossible to adequately address within the three days at Davis-Monthan, were the additional costs to convert squadrons from the A-10 to another platform, inevitable training shortfalls that would be created, and how the deployment tempos of ongoing operations would further exacerbate near-term gaps in CAS capability. To our knowledge, none of these concerns surfaced during any part of the Pentagon summit.
  • Inevitably, the Air Force generals leading the ongoing CAS Summit media blitz will point congressional Armed Services and Appropriations committees to the whitewashed results of their sham summit. When they do, Senators and Representatives who care about the lives of American troops in combat need to ask the generals the following questions: Why wasn’t this summit held before the Air Force decided to get rid of A-10s? Why doesn’t the Air Force’s joint CAS summit include any statement of needs from soldiers or Marines who have actually required close air support in combat? What is the Air Force’s contingency plan for minimizing casualties among our troops in combat in the years after 2019, if the F-35 is several years late in achieving its full CAS capabilities? When and how does the Air Force propose to test whether the F-35 can deliver close support at least as combat-effective as the A-10’s present capability? How can that test take place without A-10s? Congress cannot and should not endorse Air Force leadership’s Summit by divesting the A-10s. Instead, the Senate and House Armed Services Committees need to hold hearings that consider the real and looming problems of inadequate close support, the very problems that Air Force headquarters prevented their Summit from addressing. These hearings need to include a close analysis of CAPE’s assessment and whether the decision to classify its report was necessary and appropriate. Most importantly, those hearings must include combat-experienced receivers and providers of close support who have seen the best and worst of that support, not witnesses cherry-picked by Air Force leadership—and the witnesses invited must be free to tell it the way they saw it.
  • If Congress is persuaded by the significant CAS capability risks and gaps originally identified by the Summit’s working groups, they should write and enforce legislation to constrain the Air Force from further eroding the nation’s close air support forces. Finally, if Congress believes that officers have purposely misled them about the true nature of these risks, or attempted to constrain service members’ communications with Congress about those risks, they should hold the officers accountable and remove them from positions of leadership. Congress owes nothing less to the troops they send to fight our wars.
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     Though not touched on in the article, the real problem is that the A10 has no proponents at the higher ranks of the Air Force because it is already bought and paid for; there's nothing in the A10 for the big Air Force aircraft manufacturing defense contractors. The F35, on the other hand is, is a defense contractor wet dream. It's all pie in the sky and big contracts just to get the first one in the air, let alone outfit it with the gear and programming needed to use it to inflict harm. It's been one cost-overrun after another and delay after delay. It's a national disgrace that has grown to become the most expensive military purchase in history. And it will never match the A10 for the close air support role. It's minimum airspeed is too high and its close-in maneuverability will be horrible. The generals, of course, don't want to poison the well for their post-military careers working for the defense contractors by putting a halt to the boondobble. Their answer: eliminate the close air support mission for at least 10-12 years and then attempt it with the F35.   As a former ground troop, that's grounds for the Air Force generals' court-martial and dishonorable discharge. I would not be alive today were it not for close air support. And there are tens of thousands of veterans who can say that in all truth. The A10 wasn't available back in my day, but by all reports its the best close air support weapons platform ever developed. It's a tank killer and is heavily armored, with redundant systems for pilot and aircraft survivability. The A10 is literally built around a 30 mm rotary cannon that fires at 3,900 rounds per minute. It also carries air to ground rockets and is the only close air support aircraft still in the U.S. arsenal. Fortunately, John McCain "get it" on the close air support mission and has managed to mostly protect the A10 from the generals. If you want to learn  more about the F35 scandal, try this Wikipedia article section; although it's enoug
Paul Merrell

Court Requires Review of State Secrets Documents - 0 views

  • Over the objections of government attorneys, a federal judge said yesterday that he would require in camera review of documents that the government says are protected by the state secrets privilege. The issue arose in the case of Gulet Mohamed v. Eric Holder, challenging the constitutionality of the “no fly” list. The government had argued that it is “inappropriate” for a court to review such records to verify that they are validly privileged, and that instead the court should grant dismissal of case on the basis of official declarations. (Gov’t Resists Court Review of State Secrets, Secrecy News, August 27). The government moved for reconsideration of an August 6 order to produce the records for in camera review. Yesterday, Judge Anthony J. Trenga of the Eastern District of Virginia granted the government’s motion for reconsideration, but he said that having reconsidered the matter, he determined that he had been right the first time around. “Upon reconsideration of its Order, however, the Court finds that none of [the] objections justifies vacating the Order, as the defendants request. The Court therefore affirms its Order.” “This case involves complex and unsettled issues pertaining to the respective roles of the legislative, executive and judicial branches,” Judge Trenga wrote. “One central issue is the extent to which the War on Terrorism may expand the ability of the executive branch to act in ways that cannot otherwise be justified.”
  • Over the objections of government attorneys, a federal judge said yesterday that he would require in camera review of documents that the government says are protected by the state secrets privilege. The issue arose in the case of Gulet Mohamed v. Eric Holder, challenging the constitutionality of the “no fly” list. The government had argued that it is “inappropriate” for a court to review such records to verify that they are validly privileged, and that instead the court should grant dismissal of case on the basis of official declarations. (Gov’t Resists Court Review of State Secrets, Secrecy News, August 27). The government moved for reconsideration of an August 6 order to produce the records for in camera review. Yesterday, Judge Anthony J. Trenga of the Eastern District of Virginia granted the government’s motion for reconsideration, but he said that having reconsidered the matter, he determined that he had been right the first time around. “Upon reconsideration of its Order, however, the Court finds that none of [the] objections justifies vacating the Order, as the defendants request. The Court therefore affirms its Order.”
  • “This case involves complex and unsettled issues pertaining to the respective roles of the legislative, executive and judicial branches,” Judge Trenga wrote. “One central issue is the extent to which the War on Terrorism may expand the ability of the executive branch to act in ways that cannot otherwise be justified.” The Court “understands its limited institutional competence to assess claims of national security and its obligation not to extend its review of claims of state secrets beyond what is necessary for the Court to perform its institutional role,” Judge Trenga wrote. Nevertheless, under current circumstances “the Court concludes that it is necessary for the Court to review at this stage certain of the underlying documents as to which the state secrets privilege is asserted.” “This case involves the extraordinary exercise of executive branch authority to operate a program [the "no fly" procedure] that results in the deprivation of basic liberties according to secret executive branch decision making, without pre-deprivation judicial review…. [Therefore,] the Court has a particularly strong and heightened institutional responsibility in these circumstances to review and assess the propriety of such executive branch activity since to dismiss this case as the defendants request would, in essence, judicially sanction conduct that has far-reaching implications.”
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  • Merely relying on government assertions of privilege without independent review of their basis and validity is inadequate since “In many instances, the privilege claims are conclusory, and it is difficult, if not impossible, to assess the merits of those claims….” “The Court therefore cannot accept, without further inquiry and review, that all of the documents as to which the state secrets privilege has been invoked in fact contain state secrets, or that any state secrets that might be contained in the listed documents would preclude the litigation of the plaintiff’s claims…,” Judge Trenga wrote. He ordered the government to produce the relevant documents for in camera review on or before October 15, 2014. In a footnote, Judge Trenga’s Order contains a rare judicial acknowledgment that “The government’s assertion of the state secrets privilege in certain cases has been less than reassuring. See Reynolds v. United States, 345 U.S. 1 (1953), in which it became apparent years later, after the claimed state secrets document was declassified, that it did not implicate state secrets….”
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    The DoJ is likely to take an immediate appeal from this order. But federal judges are showing increasing hostility to the secrecy around the government's designation of people on the no-fly list. Whether the Supreme Court would support the government in a Due Process challenge to the secrecy of the no-fly list and its procedures is an open question.  
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