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Paul Merrell

'Inventing Terrorists' Study Offers Critical Examination of Government's Use of Preempt... - 0 views

dissenter.firedoglake.com/...use-of-preemptive-prosecutions

surveillance state war & peace preemptive-prosecution war on terror™

shared by Paul Merrell on 16 Jun 14 - No Cached
  • Nearly ninety-five percent of individuals on a Justice Department list of “terrorism and terrorism-related convictions” from 2001-2010 included some elements of preemptive prosecution, according to a study by attorneys which they say is the first to “directly examine and critique preemptive prosecution and its abuses.” The study is called “Inventing Terrorists: The Lawfare of Preemptive Prosecution” [PDF]. It was released by Project SALAM, which stands for Support and Legal Advocacy for Muslims, and the National Coalition to Protect Civil Freedoms (NCPCF), a coalition of groups that “oppose profiling, preemptive prosecution and prisoner abuse.” While Mother Jones has already published extensive work on the entrapment and prosecution of “terrorists” since the 9/11 attacks examining the Justice Department’s list, this study is noteworthy because it advances the journalism to outline how the government has perverted the criminal justice system through practices that have become popular especially against Muslims.
  • The study broke down each case into three separate categories: preemptive prosecution; “elements of preemptive prosecution,” meaning the defendants’ may have committed non-terrorism-related crimes that the government “inflated” into a terrorism charge; and terrorism-related charges that were legitimate and not the result of preemptive prosecution. The Justice Department’s list only contained 399 cases. The study concluded “the number of preemptive prosecution cases is 289 out of 399, or 72.4%. The number of elements of preemptive prosecution cases is 87 out of 399, or 21.8%.” “Combining preemptive prosecution cases and elements of preemptive prosecution cases, the total number of such cases on the DOJ list is 376, or 94.2%,” according to the study.
  • Nearly twenty-five percent of the cases contained material support charges. Nearly thirty percent were cases with conspiracy charges. Over seventeen percent of cases involved sting operations. More than sixteen percent of cases included false statement or perjury charges, and around six percent of cases involved immigration-related charges. The study also concluded that there were only eleven cases where threats had been “potentially significant” to the United States. “Only three were successful (the Tsarnaev brothers and Major Nidal Hasan), accounting for seventeen deaths and several hundred injuries.” Out of hundreds of cases, the authors were only able to come up with twenty-three individuals who they believed ever posed a threat and were not preemptively prosecuted. But, as is noted in the study, nine of these people were inexplicably listed even though they committed non-terrorism related crimes.
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  • Thus, the study clearly demonstrates how resources for fighting terrorism have mostly been used to target individuals who are suspicious and easier to prosecute because they practice a certain religion or have an “ideology” the general public will resent. And if most of these people were not people of color with Arabic-sounding names that could be used to promote a fear of foreigners in the criminal justice process, their crimes would be given the same light treatment other members of the general public typically receive.
  • Paul Merrell on 16 Jun 14
     
    What to do if you're in the FBI and Congress has rained billions of dollars on you to head off the next 9-11? Tell Congress it was a false flag operation, or get out there and invent a bunch of terrorists? 
Paul Merrell

In Report to UN Committee Against Torture, US Government Touts Division That Doesn't Re... - 0 views

dissenter.firedoglake.com/...snt-really-prosecute-torturers

war & peace torture U.S. non-prosecution

shared by Paul Merrell on 28 Oct 14 - No Cached
  • The United States government submitted its “periodic report” to the United Nations Committee Against Torture. There are multiple glaring aspects of the government’s report on how it believes it is complying fully with the Convention Against Torture (CAT), however, one part of the report where the government claims to have done what it was supposed to do to investigate torture stands out. In particular, the government highlights a Justice Department division as a challenge to impunity for torture, which appears to have prosecuted zero public cases of torture against US officials. To those unfamiliar, countries which are signatories to the CAT are expected to submit reports every four years to the committee. The committee reviews the report and then issues its own “concluding observations” with concerns and recommendations to the “State party.”
  • One of the committee’s “observations” in its 2006 report involved “reliable reports of acts of torture or cruel, inhuman and degrading treatment or punishment committed by certain members of the State party’s military or civilians personnel in Afghanistan and Iraq.” It was also “concerned that the investigation and prosecution of many of these cases, including some resulting in the death of detainees,” had “led to lenient sentences, including of an administrative nature or less than one year’s imprisonment.” The committee requested that the US government explain the following in its report: (a) Steps taken to ensure that all forms of torture and ill-treatment of detainees by its military or civilian personnel, in any territory under its de facto and de jure jurisdiction, as well as in any other place under its effective control, is promptly, impartially and thoroughly investigated, and that all those responsible, including senior military and civilian officials authorizing, acquiescing or consenting in any way to such acts committed by their subordinates are prosecuted and appropriately punished, in accordance with the seriousness of the crime (para. 26). Are all suspects in prima facie cases of torture and ill-treatment as a rule suspended or reassigned during the process of investigation?
  • The government answered [PDF], “US law provides jurisdiction in a number of ways that could be relied on for criminal prosecution of torture and ill-treatment of detainees” and some examples. One could read this as, theoretically, if the US government wanted to prosecute US officials involved in torture, this is what is available in US law to do just that.
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  • Later, the government adds: …In March 2010, the [Justice Department] announced the merger of two Criminal Division components that were responsible for investigating and prosecuting various types of human rights violations. The creation of the new component, the Human Rights and Special Prosecutions Section (HRSP), underscores the commitment of United States authorities to end impunity for torturers and other human rights violators. HRSP and other DOJ components have prosecuted U.S. military and civilian personnel who have perpetrated human rights violations outside the United States… Although the government acknowledges the merger was “intended to enhance the government’s effectiveness in pursuing violators and denying them safe haven in the United States,” the detail is being provided within the context of what the US government is doing to prosecute US military and civilian personnel, who are implicated in acts of torture.
  • The Human Rights and Special Prosecutions section does not prosecute US officials involved in torture or human rights abuses.
  • What it has not prosecuted recently—Or, more importantly, what it has not publicly pursued is accountability for officials involved in torture in war zones like Afghanistan or Iraq. It has not sought to hold former Bush administration officials accountable for their role in torture in war zones or in secret detention facilities, where CIA interrogators operated either. The UN Committee Against Torture should not be misled. The HRSP has nothing to do with challenging the impunity US military and civilian personnel currently enjoy when it comes to torture. And, more than likely, it may never hold any current or former high-ranking officials accountable.
Gary Edwards

Comey has Long History of Cases Ending Favorable to Clintons - Tea Party News - 0 views

www.teaparty.org/ding-favorable-clintons-174947

Clinton Hillary

shared by Gary Edwards on 09 Jul 16 - No Cached
  • Messages found stored on Clinton’s private email server show that Berger – a convicted thief of classified documents – had been advising Clinton while she served as secretary of state and had access to emails containing classified information. For example, in an email dated Sept. 22, 2009, Berger advised Clinton advised how she could leverage information to make Israeli Prime Minister Benjamin Netanyahu more cooperative in discussions with the Obama administration over a settlement freeze.
  • Law firm ties Berger, Lynch, Mills Berger worked as a partner in the Washington law firm Hogan & Hartson from 1973 to 1977, before taking a position as the deputy director of policy planning at the State Department in the Carter administration. When Carter lost his re-election bid, Berger returned to Hogan & Hartson, where he worked until he took leave in 1988 to act as foreign policy adviser in Gov. Michael Dukakis’ presidential campaign. When Dukakis was defeated, Berger returned to Hogan & Hartson until he became foreign policy adviser for Bill Clinton’s presidential campaign in 1992. On March 28, WND reported Lynch was a litigation partner for eight years at Hogan & Hartson, from March 2002 through April 2010. Mills also worked at Hogan & Hartson, for two years, starting in 1990, before she joined then President-elect Bill Clinton’s transition team, on her way to securing a position as White House deputy counsel in the Clinton administration. According to documents Hillary Clinton’s first presidential campaign made public in 2008, Hogan & Hartson’s New York-based partner Howard Topaz was the tax lawyer who filed income tax returns for Bill and Hillary Clinton beginning in 2004. In addition, Hogan & Hartson in Virginia filed a patent trademark request on May 19, 2004, for Denver-based MX Logic Inc., the computer software firm that developed the email encryption system used to manage Clinton’s private email server beginning in July 2013. A tech expert has observed that employees of MX Logic could have had access to all the emails that went through her account.
  • In 1999, President Bill Clinton nominated Lynch for the first of her two terms as U.S. attorney for the Eastern District of New York, a position she held until she joined Hogan & Hartson in March 2002 to become a partner in the firm’s Litigation Practice Group. She left Hogan & Hartson in 2010, after being nominated by President Obama for her second term as U.S. attorney for the Eastern District of New York, a position she held until Obama nominated her to serve in her current position as attorney general. A report published April 8, 2008, by The American Lawyer noted Hogan & Hartson was among Hillary Clinton’s biggest financial supporters in the legal industry during her first presidential campaign. “Firm lawyers and staff have donated nearly $123,400 to her campaign so far, according to campaign contribution data from the Center for Responsive Politics,” Nate Raymond observed in The American Lawyer article. “Christine Varney, a partner in Hogan’s Washington, D.C., office, served as chief counsel to the Clinton-Gore Campaign in 1992.” While there is no evidence that Lynch played a direct role either in the tax work done by the firm for the Clintons or in linking Hillary’s private email server to MX Logic, the ethics of the legal profession hold all partners jointly liable for the actions of other partners in a business. “If Hogan and Hartson previously represented the Clintons on tax matters, it is incumbent upon U.S. Attorney General Loretta Lynch to [disclose] what, if any, role she had in such tax matters,” said Tom Fitton, president of Washington-based Judicial Watch.
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  • HSBC link When Lynch’s nomination as attorney general was considered by the Senate one year ago, as WND reported, the Senate Judiciary Committee examined her role in the Obama administration’s decision not to prosecute the banking giant HSBC for laundering funds for Mexican drug cartels and Middle Eastern terrorists. WND was first to report in a series of articles beginning in 2012 money-laundering charges brought by John Cruz, a former HSBC vice president and relationship manager, based on his more than 1,000 pages of evidence and secret audio recordings. The staff of the Senate Judiciary Committee focused on Cruz’s allegations that Lynch, acting then in her capacity as the U.S. attorney for the Eastern District of New York, engaged in a Department of Justice cover-up. Obama’s attorney general nominee allowed HSBC in December 2011 to enter into a “deferred prosecution” settlement in which the bank agreed to pay a $1.9 billion fine and admit “willful criminal conduct” in exchange for dropping criminal investigations and prosecutions of HSBC directors or employees. Cruz called the $1.92 billion fine the U.S. government imposed on HSBC “a joke” and filed a $10 million lawsuit for “retaliation and wrongful termination.” From 2002 to 2003, Comey held the position of U.S. Attorney for the Southern District of New York, the same position held by Lynch. On March 4, 2013, he joined the HSBC board of directors, agreeing to serve as an independent non-executive director and a member of the bank’s Financial System Vulnerabilities Committee, positions he held until he resigned on Aug. 3, 2013, to become head of the FBI.
  • Comey, Fitzgerald and Valerie Plame On Jan. 1, 2004, the Washington Post reported that after Attorney General John Aschroft recused himself and his staff from any involvement in the investigation of who leaked the name of CIA employee Valerie Plame after journalist Robert Novak named her in print as a CIA operative, Comey assumed the role of acting attorney general for the purposes of the investigation. Comey appointed Patrick J. Fitzgerald, a U.S. attorney in Chicago, to act as special counsel in conducting the inquiry into what became known as “Plamegate.” At the time Comey made the appointment, Fitzgerald was already godfather to one of Comey’s children. On April 13, 2015, co-authoring a USA Today op-ed piece, Plame and her husband, retired ambassador Joseph Wilson, made public their support for Hillary Clinton’s 2016 presidential campaign, openly acknowledging their political closeness to both Hillary and Bill Clinton. The first two paragraphs of the editorial read: We have known Hillary Clinton both professionally and personally for close to 20 years, dating back to before President Bill Clinton’s first trip to Africa in 1998 — a trip that they both acknowledge changed their lives, and gave considerable meaning to their post-White House years and to the activities of the Clinton Foundation. Joe, serving as the National Security Council Senior Director for African Affairs, was instrumental in arranging that historic visit. Our history became entwined with Hillary further after Valerie’s identity as a CIA officer was deliberately exposed. That criminal act was taken in retribution for Joe’s article in The New York Times in which he explained he had discovered no basis for the Bush administration’s justification for the Iraq War that Saddam Hussein was seeking yellowcake uranium to develop a nuclear weapon.
  • In January 2016, Chuck Ross in the Daily Caller reported that Hillary Clinton emails made public made clear that one of her “most frequent favor-seekers when she was secretary of state was former Ambassador Joseph Wilson, a longtime Clinton friend, an endorser of Clinton’s 2008 presidential campaign, and an Africa expert with deep business ties on the continent.” Ross noted that Wilson emailed Clinton on Dec. 22, 2009, seeking help for Symbion Power, an American engineering contractor for whom Wilson consulted, in the company’s bid to pursue a U.S. Agency of International Development contract for work in Afghanistan. In the case of the Afghanistan project, Ross noted, Clinton vouched for Wilson and Symbion as she forwarded the request to Jack Lew, who served then as deputy secretary of state for management and resources. Ross further reported Wilson’s request might also have been discussed with President Obama, as one email indicates. In 2005, Fitzgerald prosecuted Libby, a prominent adviser to then Vice President Dick Cheney, in the Plame investigation, charging him with two counts of perjury, two counts of making false statements to federal prosecutors and one count of obstruction of justice. On March 6, 2007, Libby was convicted of four of the five counts, and on June 5, 2007, was sentenced by U.S. District Judge Reggie B. Walton to two and a half years in federal prison. On April 6, 2015, the Wall Street Journal reported the publication of New York Times reporter Judith Miller’s memoir “The Story: A Reporter’s Journey” exposed “unscrupulous conduct” by Fitzgerald in the 2007 trial of Libby.
  • WSJ reporter Peter Berkowitz noted Miller “writes that Mr. Fitzgerald induced her to give what she now realizes was false testimony.” “By withholding critical information and manipulating her memory as he prepared her to testify, Ms. Miller relates, Mr. Fitzgerald ‘steered’ her ‘in the wrong direction.’” http://www.wnd.com/2016/07/comey-has-long-history-of-clinton-related-cases/
  • Gary Edwards on 09 Jul 16
     
    Bend over and grab your ankles. The rats nest of Clinton operatives in Washington DC is far deeper than anyone ever imagined. "FBI Director James Comey has a long history of involvement in Department of Justice actions that arguably ended up favorable to the Clintons. In 2004, Comey, then serving as a deputy attorney general in the Justice Department, apparently limited the scope of the criminal investigation of Sandy Berger, which left out former Clinton administration officials who may have coordinated with Berger in his removal and destruction of classified records from the National Archives. The documents were relevant to accusations that the Clinton administration was negligent in the build-up to the 9/11 terrorist attack. On Tuesday, Comey announced that despite evidence of "extreme negligence by Hillary Clinton and her top aides regarding the handling of classified information through a private email server, the FBI would not refer criminal charges to Attorney General Loretta Lynch and the Justice Department. Curiously, Berger, Lynch and Cheryl Mills all worked as partners in the Washington law firm Hogan & Hartson, which prepared tax returns for the Clintons and did patent work for a software firm that played a role in the private email server Hillary Clinton used when she was secretary of state. Lynch and Comey both served as U.S. attorney for the Southern District of New York. They crossed paths in the investigation of HSBC bank, which avoided criminal charges in a massive money-laundering scandal for which the bank paid a $1.9 billion fine. After Attorney General John Aschroft recused himself in the Valerie Plame affair in 2004, Comey appointed as special counsel Patrick J. Fitzgerald, who ended up convicting "Scooter" Libby, a top aide to then Vice President Dick Cheney, of perjury and obstruction of justice. The charge affirmed the accusations of Plame and her former ambassador husband, Joe Wilson - both partisan supporters of Bill and
  • Paul Merrell on 10 Jul 16
     
    The "ethical" situation is far worse than described. Attorney disciplinary rules require that a lawyer, including all lawyers in the same firm, owe a lifetime duty of loyalty to a client, a duty that does not end with representation in a particular matter. Accordingly, Lynch had what the disciplinary rules refer to as an "actual conflict of interest" between her duties of loyalty to both Hillary and the U.S. government that required her withdrawal from representing either in the decision whether to prosecute Hillary. Saying that she would rubber stamp what Comey recommended was not the required withdrawal. Comey is an investigator, not a prosecutor. This was a situation for appointment of a special counsel to represent the Department of Justice in the decision whether to prosecute, not satisfied by rubber stamping Comey's recomendation,.
Paul Merrell

The Highest Law of the Land "Requires" the Government to Prosecute Those Who ... - 0 views

www.globalresearch.ca/...5394838

war & peace torture CIA legalres

shared by Paul Merrell on 10 Aug 14 - No Cached
  • The Government Is Breaking the Law By Failing to Prosecute Torture President Ronald Reagan signed a treaty legally requiring the U.S. to prosecute everyone who authorizes torture. Specifically, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (signed by the U.S. under Ronald Reagan) provides: Article 2 1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. 2. No exceptional circumstances whatsoever, whether a state of war or a threat or war, internal political instability or any other public emergency, may be invoked as a justification of torture. 3. An order from a superior officer or a public authority may not be invoked as a justification of torture. . . .
  • Article 4 1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture. Article 7 1. The State Party in territory under whose jurisdiction a person alleged to have committed any offence referred to in article 4 is found, shall in the cases contemplated in article 5, if it does not extradite him, submit the case to its competent authorities for the purpose of prosecution. Article 15 Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made. This is not some non-binding, touchy-feeley resolution … it is the law of the land.
  • Specifically, Article 6 of the United States Constitution dictates: This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. On May 20, 1988 – as he was transmitting the Treaty to the Senate – Reagan said: The United States participated actively and effectively in the negotiation of the Convention. It marks a significant step in the development during this century of international measures against torture and other inhuman treatment or punishment. Ratification of the Convention by the United States will clearly express United States opposition to torture, an abhorrent practice unfortunately still prevalent in the world today. The core provisions of the Convention establish a regime for international cooperation in the criminal prosecution of torturers relying on so-called “universal jurisdiction.” Each State Party is required either to prosecute torturers who are found in its territory or to extradite them to other countries for prosecution.
Gary Edwards

Articles of Impeachment Against Obama - 0 views

blackrepublican.blogspot.com/...an-citizens-file-articles.html

Impeachment articles-of-impeachment

shared by Gary Edwards on 16 Aug 13 - No Cached
  • Gary Edwards on 16 Aug 13
     
    Sarasota, FL ( August 12, 2013) - The National Black Republican Association (NBRA) based in Sarasota, FL, headed by Chairman Frances Rice, filed Articles of Impeachment against President Barack Obama with the following language.   We, black American citizens, in order to free ourselves and our fellow citizens from governmental tyranny, do herewith submit these Articles of Impeachment to Congress for the removal of President Barack H. Obama, aka, Barry Soetoro, from office for his attack on liberty and commission of egregious acts of despotism that constitute high crimes and misdemeanors.   On July 4, 1776, the founders of our nation declared their independence from governmental tyranny and reaffirmed their faith in independence with the ratification of the Bill of Rights in 1791.   Asserting their right to break free from the tyranny of a nation that denied them the civil liberties that are our birthright, the founders declared:   "When a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."  -  Declaration of Independence, July 4, 1776.   THE IMPEACHMENT POWER   Article II, Section IV of the United States Constitution provides: "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."   THE ARTICLES OF IMPEACHMENT   In his conduct of the office of President of the United States, Barack H. Obama, aka Barry Soetoro, personally and through his subordinates and agents, in violation or disregard of the constitutional rights of citizens and in violation of his constitutional duty to take care that the laws be faithfully executed, has prevented, obstructed, and impeded the administration of justice, in that:   ARTICL
Paul Merrell

Israel withholds funds, weighs lawsuits against Palestinians | Reuters - 0 views

www.reuters.com/...s-israel-idUSKBN0KC07Q20150103

war & peace Israel Palestine ICC war-crime-prosecutions

shared by Paul Merrell on 05 Jan 15 - No Cached
  • (Reuters) - Israel will withhold critical tax revenue and seek ways to bring war crimes prosecutions against Palestinian leaders in retaliation for Palestinian moves to join the International Criminal Court (ICC), Israeli officials said on Saturday. On Friday, the Palestinians delivered documents to U.N. headquarters in New York on joining the Rome Statute of the ICC in The Hague and other global treaties with the aim of prosecuting Israelis for what they consider war crimes committed on their territory.
  • This is highway robbery. Not only is this illegal, they are adding money theft to land theft. The revenues belong to the Palestinian people, they go to pay salaries and support our economy. Israel has no business deciding to steal our funds," senior Palestinian negotiator Hanan Ashrawi told Reuters.Under interim peace deals from the 1990s, Israel collects at least $100 million a month in duties on behalf of the Palestinian Authority.
  • The ICC was set up to try war crimes and crimes against humanity such as genocide. Israel and the United States object to unilateral approaches by the Palestinians to world bodies, saying they undermine prospects for negotiating a peaceful settlement of the decades-old Middle East conflict.
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  • In addition to the revenue freeze, an Israeli official said Israel was "weighing the possibilities for large-scale prosecution in the United States and elsewhere" of Palestinian President Mahmoud Abbas and other senior Palestinian officials.Israel would probably press these cases via non-governmental groups and pro-Israel legal organizations capable of filing lawsuits abroad, a second Israeli official said.Israel sees the heads of the Palestinian Authority in the occupied West Bank as collaborators with the Islamist militant group Hamas, which dominates Gaza, because of a unity deal they forged in April, the officials said.Netanyahu had previously warned that unilateral moves by the Palestinian Authority at the United Nations would expose its leaders to prosecution over support for Hamas, viewed by Israel and much of the West as a terrorist organization.
  • Abbas opted to join the ICC after losing a motion last week in the U.N. Security Council to set a 2017 deadline for a Palestinian state to be established in land occupied by Israel.The United States, Israel's main ally, supports an eventual independent Palestinian state, but has argued against unilateral moves like Friday's, saying they could damage the peace process.Washington sends about $400 million in economic support to the Palestinians every year. Under U.S. law, that aid would be cut off if the Palestinians used membership of the ICC to press claims against Israel.
Paul Merrell

9/11 lawyers trade barbs over CIA 'black site' translator turned Guantánamo d... - 0 views

www.miamiherald.com/...article9765239.html

war & peace 9-11 terrorists™ litigation CIA torture black-sites translator

shared by Paul Merrell on 13 Feb 15 - No Cached
  • The Sept. 11 trial judge and prosecutors struggled Wednesday to find a way forward out of the startling discovery that a former CIA linguist tasked to translate for an alleged 9/11 plotter earlier worked at a secret CIA prison.Defense lawyers, who say their clients were tortured in the agency’s secret prison network, asked to take sworn testimony from the man. They also asked the judge to halt the intended two-week pretrial hearing, the first since August, to conduct an inquiry and perhaps new background checks on defense team staff in the complex, five-man death-penalty prosecution. About 130 people, both military and civilian, work at the Office of the Chief Defense Counsel.“This has so decimated any trust on this team,” said defense attorney Cheryl Bormann, her voice cracking, “we can't go forward.”
  • Army Col. James L. Pohl, the judge, said he’d hear from prosecutors Thursday on the request to question the former CIA linguist who had been working temporarily for the team representing accused terrorist Ramzi Bin al Shibh since August. A new translator, who just got his security clearance on Friday, was flown in Tuesday from Miami. Meantime, defense and prosecution attorneys traded accusations over how the contract linguist came to sit beside Bin al Shibh on Monday in a courtroom where four of the five accused 9/11 conspirators said they recognized him from their years of secret detention.
  • War court Arabic language linguists come from a pool of names provided by approved Pentagon contractors. They require special security clearances that allow them to work with secret intelligence. Bin al Shibh’s lead counsel, Jim Harrington, said after court that he and a co-counsel vetted the linguist in August, and he had no idea of the translator’s previous CIA work before the alleged terrorist disclosed it in court Monday.“The problem is I cannot trust him because he was working at the black site with the CIA, and we know him from there,” said Bin al Shibh, a Yemeni accused of functioning as a 9/11 plot deputy.
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  • Bormann wants to investigate “every defense team member” past and present for undisclosed previous work, and told the judge the prosecution filing on the CIA linguist episode was an “out and out falsehood.” Nevin asked the judge to suspend proceedings “until we can get to the bottom of this issue.”The issue is the latest to beleaguer preparation for the trial of the five men accused of conspiring in the Sept. 11, 2001 terror attacks, and, as defense lawyers see it, fodder for an eventual motion to dismiss the case for outrageous government conduct.It had already been sidelined by what defense lawyers called an FBI infiltration of their privilege by agents secretly questioning team members then having them sign non-disclosure agreements.
  • It was the FBI snooping episode that set up this week’s CIA linguist scandal. Little is known about what the FBI was investigating in secret approaches and questioning of defense teams. But as a result, Bin al Shibh’s earlier translator lost his security clearance and his job.They settled on a new permanent linguist, who didn’t arrive on this remote base until Tuesday.In between, the temporary translator who worked at a CIA black site had been filling in since August, off and on, according to Harrington — and had met Bin al Shibh earlier.
  • But Bin al Shibh only disclosed in court Monday that he recognized the linguist from a secret prison where Bin al Shibh had been held captive before his arrival at Guantánamo in 2006. Accused accomplices Ammar al Baluchi and Walid bin Attash recognized him, too, as did Mohammed. The three were apparently seeing the translator for the first time at Guantánamo in court Monday.
  • Paul Merrell on 13 Feb 15
     
    Dismissal for outrageous conduct is what needs to happen. And the officials who ordered the penetration of the defense team in the FBI and CIA need to be dismissed from government and prosecuted criminally. 
Gary Edwards

Gadfly ONLINE | The Age of Neo-Feudalism: A Government of the Rich, by the Rich, and fo... - 2 views

www.gadflyonline.com/...the-age-of-neo-feudalism

new-fgeudalism ruling-class-elites New-World-Order Banksters Globalist Corporatists fascism

shared by Gary Edwards on 28 Mar 13 - No Cached
  • Gary Edwards on 28 Mar 13
     
    "THE AGE OF NEO-FEUDALISM: A GOVERNMENT OF THE RICH, BY THE RICH, AND FOR THE CORPORATIONS" excerpt: "The shaping of the will of Congress and the choosing of the American president has become a privilege reserved to the country's equestrian classes, a.k.a. the 20% of the population that holds 93% of the wealth, the happy few who run the corporations and the banks, own and operate the news and entertainment media, compose the laws and govern the universities, control the philanthropic foundations, the policy institutes, the casinos, and the sports arenas." - Journalist Lewis Lapham The pomp and circumstance of the presidential inauguration has died down. Members of Congress have taken their seats on Capitol Hill, and Barack Obama has reclaimed his seat in the White House. The circus of the presidential election has become a faint memory. The long months of debates, rallies, and political advertisements have slipped from our consciousness. Now we are left with the feeling that nothing has really changed, nor will it. This is not by accident. The media circus leading up to the elections, the name calling in the halls of Congress, the vitriol and barbs traded back and forth among people who are supposed to be working together to improve the country, are all components of the game set up by those who run the show. The movers and shakers behind these engaging, but ultimately trite, political exercises are the elite, the so-called upper class, who benefit from the status quo. This status quo is marked by an economic crisis with no end in sight, by the slow but steady growth of a police state aimed at the lowest rungs of society, and a political circus which keeps us enraptured long enough that we don't question what's really going on. Meanwhile, this elite, composed of corporations profiting off of our ignorance, avoid being brought to task for their destruction of democratic governance and the economy. These are the corporations who sent our econo
Paul Merrell

Goldman Non-Prosecution: AG Eric Holder Has No Balls | Matt Taibbi | Rolling Stone - 0 views

www.rollingstone.com/...c-holder-has-no-balls-20120815

banksters criminals non-prosecution

shared by Paul Merrell on 17 Aug 12 - No Cached
  • I’ve been on deadline in the past week or so, so I haven't had a chance to weigh in on Eric Holder’s predictable decision to not pursue criminal charges against Goldman, Sachs for any of the activities in the report prepared by Senators Carl Levin and Tom Coburn two years ago. Last year I spent a lot of time and energy jabbering and gesticulating in public about what seemed to me the most obviously prosecutable offenses detailed in the report – the seemingly blatant perjury before congress of Lloyd Blankfein and other Goldman executives, and the almost comically long list of frauds committed by the company in its desperate effort to unload its crappy “cats and dogs” mortgage-backed inventory.
  • In the notorious Hudson transaction, for instance, Goldman claimed, in writing, that it was fully "aligned" with the interests of its client, Morgan Stanley, because it owned a $6 million slice of the deal. What Goldman left out is that it had a $2 billion short position against the same deal. If that isn’t fraud, Mr. Holder, just what exactly is fraud?
Paul Merrell

Growing boycott will "hit each of us in the pocket" warns Israel finance minister | The... - 0 views

electronicintifada.net/...-warns-israel-finance-minister

war & peace Israel Palestine negotiations

shared by Paul Merrell on 11 Jan 14 - No Cached
  • Israeli finance minister Yair Lapid has become the latest senior official to warn about the serious impact of growing boycott, divestment and sanctions (BDS) campaigns targeting Israel. “The world seems to be losing patience with us,” Lapid told the Hebrew edition of Ynet on 10 January.
  • Lapid, leader of the Yesh Atid faction, is the senior coalition partner of Israeli Prime Minister Benjamin Netanyahu.
  • Lapid added: “We have formulated complete scenarios as to what will happen if the boycott continues and exports are hurt. In all scenarios, things do not look good. The status quo will hit each of us in the pocket, will hurt every Israeli. We are export-oriented, and this [export trade] depends on our global standing.” Lapid was particularly concerned about further announcements by Israel of new tenders for houses in illegal Jewish-only colonies in the occupied West Bank. Lapid’s frank comments come just days after Dutch pensions giant PGGM took the unprecedented decision to divest from all Israeli banks because of their role in the colonization program.
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  • Lapid, an alleged “centrist” who has habitually made anti-Arab comments, joins other senior politicians who have warned about the looming threat of boycott. Recently, the chair of the governing coalition’s Habayit Hayehudi party said that boycott was the “greatest threat” Israel faced. Justice minister and war crimes suspect Tzipi Livni also warned that “The boycott is moving and advancing uniformly and exponentially … Those who don’t want to see it, will end up feeling it.”
  • Paul Merrell on 11 Jan 14
     
    This is the largest part of the real back story on John Kerry's feverish effort to negotiate a two-state solution to the Israel-Palestine apartheid problem. The Palestinian Boycott, Divestment, and Sanctions ("BDS") movement against Israel is growing rapidly, nearly doubling the rate of growth of the former BDS movement that successfully ended apartheid government of South Africa.   Israel has become a pariah state diplomatically because of its war crimes against Palestinians and because of BDS, is increasingly becoming a pariah state economically. At the same time, Israel has illegally colonized Palestine to the extent that a 2-state solution is all but impossible, meaning that the most likely outcome is that Israel will cease being the "Jewish State" and be forced to grant equality to Palestinians as well in a new secular government. The situation became all the more dire for Israel as the "Jewish State" when the U.N. General Assembly granted Palestine observer state status, opening the way for Palestine to, e.g., pursue criminal prosecution of Israeli leaders for war crimes before the International Criminal Court.  That has dramatically increased the Palestinian Authority's leverage in negotiations. Kerry is on a rescue mission to see if he can coerce the Palestinian Authority to cede sufficient land and powers to Israel to make a 2-state solution credible. Kerry's leverage is that the U.S. has been underwriting the Palestinian Authority's expenses and can threaten to withdraw the financial support.  All of which brings it down to the question of Palestinian Authority leadership corruption. If the PA stands tall and refuses to accept Kerry's ridiculous demands, there will almost certainly be no 2-state solution, ever, because Israel continues to colonize Palestine and has locked up most of Palestine's water resources. Further colonization means still less water for an "independent" Palestine state. The Palestine Authority, on the other hand, suffered f
Paul Merrell

Abbas signs Application for Palestinian ICC Membership - Between a Rock and a Hard Plac... - 0 views

nsnbc.me/...etween-a-rock-and-a-hard-place

war & peace Israel Palestine ICC UNSC

shared by Paul Merrell on 02 Jan 15 - No Cached
  • PA President Mahmoud Abbas signed the application for Palestine’s accession to the Rome Statute and the International Criminal Court (ICC). Abbas signed the application on Wednesday, in response to the UN Security Council’s rejection of a Jordanian sponsored draft resolution on Tuesday. The resolution called for a fixed timeline for the end of the Israeli occupation of Palestine.
  • The rejected resolution called for a 12-months timeline for a final peace accord between Israel and Palestine and the full withdrawal of Israeli troops from Palestinian territories by the end of 2017.
  • The rejected draft resolution was harshly criticized by imprisoned Fatah leader Marwan Barghouti, other progressive Fatah members as well as by the PFLP and others. One of the major points of contention was that the proposed draft resolution, according to its Palestinian opponents, risked waving the right of return of displaced Palestinians.
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  • Russia, China and France voted in favor of the proposed resolution while the U.S. and Australia voted against. The UK, Rwanda, Nigeria and South Korea abstained, thus preventing the necessary majority. The U.S., however, noted that it would have used its veto right as permanent Security Council member, had the draft resolution received the votes necessary for its adoption. The Palestinian Authority led by PA President Mahmoud Abbas noted that the PA would sign an application to accede to the International Criminal Court in the Rome Statute. Arguably, a Palestinian accession to the ICC would endow it with the right to lodge charges for war crimes at the ICC. Signing the Rome Statute, however, is a two-edged sword as it also makes Palestine subject to the ICC.
  • The ICC has been widely criticized for being used to enforce western geopolitical interests as well as of selective prosecution. Whether a Palestinian ICC membership would ever result in the prosecution of Israeli war crimes is highly questionable. Arguably, it more likely that the ICC would be used by non-ICC member USA to demand the prosecution of Palestinians.
Paul Merrell

Hamas backs Palestinian push for ICC Gaza war crimes probe | Reuters - 0 views

www.reuters.com/...gaza-icc-idUSKBN0GN09320140823

war & peace Israel Palestine Gaza ICC war-crimes

shared by Paul Merrell on 25 Aug 14 - No Cached
  • (Reuters) - Hamas leaders said on Saturday they had given their consent for the Palestinians to join the International Criminal Court (ICC), a move that could open up both Israel and the militant group to war crime probes over the fighting in Gaza. Moussa Abu Marzouk, a Hamas leader based in Cairo, said he had signed a document Palestinian President Mahmoud Abbas says all factions must endorse before he proceeds with the ICC push.If the Palestinians were to sign the ICC's founding treaty, the Rome Statute, the court would have jurisdiction over crimes committed in the Palestinian territories.An investigation could then examine events as far back as mid-2002, when the ICC opened with a mandate to try individuals for war crimes, crimes against humanity and genocide.Explaining the Islamist group's decision to sign, Hamas official Mushir al-Masri told Reuters: "There is nothing to fear, the Palestinian factions are leading legitimate resistance in keeping with all international laws and standards.""We are in a state of self-defence," he added.
  • At a news conference in Cairo earlier on Saturday, Abbas said he had asked all factions to join the ICC bid, adding: "There will be results for them joining." There was no immediate comment from Israel, which is also not an ICC member. It says Hamas has committed war crimes by both firing thousands of rockets indiscriminately at Israeli towns and cities and by using Gazans as human shields.A statement from the office of Prime Minister Benjamin Netanyahu did not directly address the Hamas move, but it quoted the Israeli leader as telling U.N. Secretary General Ban Ki-moon Hamas was guilty of such crimes.
  • Palestinian health officials say 2,078 people, most of them civilians, have been killed by Israel since it launched its offensive, which is intended to end the militants' rocket fire.The United Nations Children Fund (UNICEF) said on Saturday at least 480 Palestinian children had been reported killed.
  • ...1 more annotation...
  • Malki says the Palestinian Authority's current U.N. status, upgraded to "non-member state" from "entity" by a vote of the General Assembly in 2012, qualified it to become an ICC member and a decision on whether to apply could happen very soon.As neither Israel nor the Palestinians are ICC members, the court currently lacks jurisdiction over Gaza. This could be granted by a U.N. Security Council resolution, but Israel's main ally, the United States, would probably veto any such proposal.Membership of the ICC opens countries to investigations both on their behalf and against them. Several powers, including the United States, have declined to ratify the ICC founding treaty, citing the possibility of politically motivated prosecutions.The ICC is a court of last resort, meaning that it will only intervene when a country is found to be unwilling or unable to carry out its own investigation.
  • Paul Merrell on 25 Aug 14
     
    Not a decision to go to the ICC, but the latest in a consistent dribble of information indicating that the Palestinian state is working toward doing so.  The slow pace of the public indications hint that they are intended to increase Palestinian leverage in negotiations. To me the questions of whether Abbas would actually make such a complaint and if he did so whether ICC would proceed with a prosecution are far from settled.  Almost certainly, such a complaint would end negotiations and U.S. subsidy of the Palestinian government's expenses. Abbas has previously shown no sign of being more than a U.S.-Israeli puppet. And the U.S. and Israel are applying stiff pressure on the ICC not to take the case if it arrives there, including a U.S. threat to cease its funding contributions to the ICC. On the other hand, if Abbas wishes to preserve his unity government with Hamas and thus have standing to speak for the entirety of the Palestinian population, he *must* be perceived  in Gaza as either delivering or fighting hard for very substantial easing of Israel's blockade of Gaza. A complaint to the ICC would be perceived as fighting hard, as having abandoned his commitment to resolution purely via negotiation.   So there is a lot of pressure on Abbas to do something more than negotiate unsuccessfully. And the U.S. and Israel leadership surely realize that.
Paul Merrell

A Zombie Bill Comes Back to Life: A Look at The Senate's Cybersecurity Information Shar... - 0 views

www.eff.org/...y-information-sharing-act-2014

surveillance state NSA legislation Cybersecurity Bill Feinstein

shared by Paul Merrell on 12 Jul 14 - No Cached
  • The Senate Intelligence Committee recently introduced the Cybersecurity Information Sharing Act of 2014. It’s the fourth time in four years that Congress has tried to pass "cybersecurity" legislation. Unfortunately, the newest Senate bill is one of the worst yet. Cybersecurity bills aim to facilitate information sharing between companies and the government, but they always seem to come with broad immunity clauses for companies, vague definitions, and aggressive spying powers. Given such calculated violence to users' privacy rights, it’s no surprise that these bills fail every year. What is a surprise is that the bills keep coming back from the dead. Last year, President Obama signed Executive Order 13636 (EO 13636) directing the Department of Homeland Security (DHS) to expand current information sharing programs that are far more privacy protective than anything seen in recent cybersecurity bills. Despite this, members of Congress like Rep. Mike Rogers and Senator Dianne Feinstein keep on introducing bills that would destroy these privacy protections and grant new spying powers to companies.
  • Aside from its redundancy, the Senate's bill grants two new authorities to companies. First, the bill authorizes companies to launch countermeasures for a "cybersecurity purpose" against a "cybersecurity threat." "Cybersecurity purpose" is so broadly defined that it means almost anything related to protecting (including physically protecting) an information system, which can be a computer or software. The same goes for a "cybersecurity threat," which includes anything that "may result" in an unauthorized effort to impact the availability of the information system. Combined, the two definitions could be read by companies to permit attacks on machines that unwittingly contribute to network congestion. The countermeasures clause will increasingly militarize the Internet—a prospect that may appeal to some "active defense" (aka offensive) cybersecurity companies, but does not favor the everyday user. Second, the bill adds a new authority for companies to monitor information systems to protect an entity's rights or property. Here again, the broad definitions could be used in conjunction with the monitoring clause to spy on users engaged in potentially innocuous activity. Once collected, companies can then share the information, which is also called “cyber threat indicators,” freely with government agencies like the NSA.
  • Such sharing will occur because under this bill, DHS would no longer be the lead agency making decisions about the cybersecurity information received, retained, or shared to companies or within the government. Its new role in the bill mandates DHS send information to agencies like the NSA—"in real-time and simultaneous[ly]." DHS is even barred from "delay[ing]" or "interfer[ing]" with the information, which ensures that DHS's current privacy protections won’t be applied to the information. The provision is ripe for improper and over-expansive information sharing. This leads to a question: What stops your sensitive personal information from being shared by companies to the government? Almost nothing. Companies must only remove personally identifiable information if the information is known to be US person information and not directly related to the threat. Such a willful blindness approach is inappropriate. Further, the bill does not even impose this weak minimization requirement on information shared by, and within, the government (including federal, state, local, and tribal governments) thereby allowing the government to share information containing personally identifiable information. The bill should require deletion of all information not directly related to a threat.
  • ...2 more annotations...
  • Once the information is sent to a government agency, it can use the information for reasons other than for cybersecurity purposes. One clause even allows the information to be used to prosecute violations of the Espionage Act—a World War I era law that was meant to prosecute spies but has been used in recent years primarily to go after journalists’ sources. The provisions grant the government far too much leeway in how to use the information for non-cybersecurity purposes. The public won’t even know what information is being collected, shared, or used because the bill will exempt all of it from disclosure under the Freedom of Information Act.
  • The bill also retains near-blanket immunity for companies to monitor information systems, to share information, and to use countermeasures. The high bar immunizes an incredible amount of activity, including negligent damage to property and may deprive private entities of legal recourse if a computer security contractor is at fault for destruction of property. Existing private rights of action for violations of the Wiretap Act, Stored Communications Act, and the Computer Fraud and Abuse Act would be precluded or at least sharply restricted by the clause. It remains to be seen why such immunity is needed when just a few months ago, the FTC and DOJ noted they would not prosecute companies for sharing such information. It's also unclear because we continue to see companies freely share information among each other and with the government both publicly via published reports and privately.
Paul Merrell

Secret Law Isn't the Public's Fault | Just Security - 0 views

www.justsecurity.org/...secret-law-isnt-publics-fault

secret-law OLC-opinions disclosures FOIA

shared by Paul Merrell on 13 Nov 15 - No Cached
  • Officials in this administration have a funny way of blaming the victim. Did the CIA spy on Senate intelligence committee staffers who were investigating the agency’s torture program? No. OK, yes, you caught us — but the staffers were poking their nose into the CIA’s business. Are communities in some cities suffering from an uptick in crime rates? That must be because they were critical of police practices, and so the police are afraid to do their job. Are American Muslims disproportionately singled out for law enforcement scrutiny? It wouldn’t be necessary if they did a better job of identifying and rooting out the terrorists in their midst. Did a drone strike kill a 16-year-old boy who wasn’t on any target list but happened to be the son of alleged al-Qaeda operative Anwar al-Aulaqi? I guess he “should have had a more responsible father,” as then-White House press secretary Robert Gibbs helpfully explained. At the annual conference of the American Bar Association’s Standing Committee on National Security Law, officials were at it again. Both the CIA’s General Counsel, Caroline Krass, and the acting head of the Justice Department’s Office of Legal Counsel (OLC), Karl Thompson, observed that agencies are issuing fewer requests for formal OLC opinions and are seeking “informal,” unwritten advice from OLC instead. This trend undermines the public’s ability to obtain OLC opinions through FOIA requests. And, according to Krass, we have no one to blame but ourselves:
  • I do think one reason is a focus the office has gotten [in] the past 10 years or so in the public which has now led to Freedom of Information Act requests pretty much anytime the administration adopts a position in the context of domestic law or national security that could be [or] seems a little bit edgy or slightly controversial, immediately the request for the OLC opinion comes. What were we thinking? Well, we might have had in mind OLC officials’ own acknowledgment that their opinions constitute the working law of the executive branch, and are binding on agencies in the same manner that a court’s decision would be. When the public expresses interest in a controversial court opinion, that isn’t cited as a reason to move the judicial system into the shadows. To the contrary, it’s well-understood that the public has a right to know how judges are interpreting the law. That’s true regardless of whether the law deals with the rights and obligations of private parties or (as is usually the case with OLC opinions) the authorities of the government.  It’s high time we stop pretending that OLC opinions are merely attorneys’ advice, and thereby entitled to confidentiality. A private person is free to accept or reject her attorney’s advice. By contrast, as Thompson recognized, OLC opinions — even informal, unwritten ones — are “binding by custom and practice . … People are supposed to and do follow [them].” Moreover, in ordinary circumstances, it is no defense to criminal charges that the defendant’s lawyer gave bad advice. OLC opinions, on the other hand, confer effective immunity, as the Justice Department will not prosecute any official who acted in reliance on OLC’s conclusions.
  • The government nonetheless argues, and many courts have agreed, that OLC opinions are exempt from disclosure under FOIA because they are “deliberative” and “pre-decisional.” This assessment conflates two distinct decisions: the decision of an agency whether to adopt a course of conduct, and OLC’s decision regarding how to interpret the law. The latter decision may be one factor — along with other, non-legal factors, such as political viability, financial cost, and the existence of competing priorities — in the agency’s “deliberations” on the former. The agency ultimately must decide whether to move forward with a policy. But on the question of how the law should be interpreted, it is OLC, not the agency, which has the final word. If the agency were to issue a different legal interpretation, there is no question that OLC’s would take precedence, and the agency would be courting legal jeopardy by adopting a course of action in tension with OLC’s reading of the law. Perhaps the solution is simply to require the government to abide by its own characterization. If OLC opinions are to be given the status of deliberative documents and/or legal advice, so be it; but in that case, they cannot be binding on any agency or official, nor can they mitigate any official’s criminal or civil liability (unless they genuinely negate a required state of mind). If, on the other hand, the government wishes to treat OLC opinions as authoritative and a shield against prosecution or civil suit, then they must be called what they are — law — and made available to the public. Until that happens, the public will remain a victim of secret law, and there will be no one but the administration to blame.
Paul Merrell

United Nations: Whistleblowers Need Protection - 0 views

www.pogo.org/...leblowers-need-protection.html

Dark-State whistleblower-law U.N.-report best-practices

shared by Paul Merrell on 24 Oct 15 - No Cached
  • Daniel Kaye, the United Nations’ Special Rapporteur for Freedom of Expression, recently submitted a report to the General Assembly on the protection of whistleblowers and sources. The report highlights key elements of protections for whistleblowers, and is based in part on participation by 28 States as well as individuals and non-governmental organizations (NGOs). Among a host of best-practice protections featured in the report, the Special Rapporteur focuses particular attention on national security whistleblowers and sources, those whistleblowers who are often subject to criminal prosecution for exposing serious problems. Notably, the report recommended a public interest balancing test for disclosures in the national security field that could be used to claim protection from retaliation or as a defense when facing prosecution. This balancing test would promote disclosures where the public interest in the information outweighs any identifiable harm to a legitimate national security interest, and requires that the whistleblower disclose no more information than reasonably necessary to expose wrongdoing. A defense for blowing the whistle in the national security field would be a welcome one, as these whistleblowers often face prosecution under the Espionage Act, which could mean years of costly litigation for simply trying to expose practices that make us less secure. This balancing test is similar to one proposed last year by Yochai Benkler, a law professor and co-founder of the Berkman Center for Internet and Society, and supported by the Project On Government Oversight. The full report contains many best-practice recommendations that our Congress should consider to strengthen whistleblower protections domestically.
Paul Merrell

The Blood Sacrifice of Sergeant Bergdahl | Matthew Hoh - 0 views

www.huffingtonpost.com/...ergdahl-charges_b_6973634.html

war & peace Afghanistan Bergdahl-court-martial

shared by Paul Merrell on 04 Apr 15 - No Cached
  • Last week charges of Desertion and Misbehavior Before the Enemy were recommended against Sergeant Bowe Bergdahl. Tragically, Sergeant Bergdahl was once again crucified, without evidence or trial, throughout mainstream, alternative and social media. That same day Sergeant Bergdahl was offered as a sacrifice to primarily Republican politicians, bloggers, pundits, chicken hawks and jingoists, while Democrats mostly kept silent as Sergeant Bergdahl was paraded electronically and digitally in the latest Triumph of the Global War on Terror, President Ashraf Ghani was applauded, in person, by the American Congress. Such coincidences, whether they are arranged or accidental, often appear in literary or cinematic tales, but they do, occasionally, manifest themselves in real life, often appearing to juxtapose the virtues and vices of a society for the sake and advancement of political narratives. The problem with this specific coincidence for those on the Right, indulging in the fantasy of American military success abroad, as well as for those on the Left, desperate to prove that Democrats can be as tough as Republicans, is that reality may intrude. To the chagrin and consternation of many in DC, Sergeant Bergdahl may prove to be the selfless hero, while President Ghani may play the thief, and Sergeant Bergdahl's departure from his unit in Afghanistan may come to be understood as just and his time as a prisoner of war principled, while President Obama's continued propping up and bankrolling of the government in Kabul, at the expense of American servicemembers and taxpayers, comes to be fully acknowledged as immoral and profligate.
  • Buried in much of the media coverage this past week on the charges presented against Sergeant Bergdahl, with the exception of CNN, are details of the Army's investigation into Sergeant Bergdahl's disappearance, capture and captivity. As revealed by Sergeant Bergdahl's legal team, twenty-two Army investigators have constructed a report that details aspects of Sergeant Bergdahl's departure from his unit, his capture and his five years as a prisoner of war that disprove many of the malicious rumors and depictions of him and his conduct.
  • As documented in his lawyers' statement submitted to the Army on March 25, 2015, in response to Sergeant Bergdahl's referral to the Article 32 preliminary hearing (which is roughly the military equivalent of a civilian grand jury), the following facts are now known about Sergeant Bergdahl and his time prior to and during his captivity as a prisoner of war:• Sergeant Bergdahl is a "truthful person" who "did not act out of a bad motive"; • he did not have the intention to desert permanently nor did he have an intention to leave the Army when he left his unit's outpost in eastern Afghanistan in 2009; • he did not have the intention of joining the Taliban or assisting the enemy; • he left his post to report "disturbing circumstances to the attention of the nearest general officer". • while he was a prisoner of war for five years, he was tortured, but he did not cooperate with his captors. Rather, Sergeant Bergdahl attempted to escape twelve times, each time with the knowledge he would be tortured or killed if caught; • there is no evidence American soldiers died looking for Sergeant Bergdahl.
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  • Again, these are the findings of the Army's investigation into Sergeant Bergdahl's disappearance; they are not the apologies or fantasies of his legal team, Marines turned anti-war peaceniks like myself, or Obama fawning conspirators. The details behind these facts are contained in the Army's report, authored by Major General Kenneth Dahl, which has not been publically released, but hopefully will be made available to the public after Sergeant Bergdahl's preliminary hearing next month or, if the desertion and misbehavior charges are pursued, during his court martial. Just what events Sergeant Bergdahl witnessed that would compel him to risk his life, traveling unarmed through enemy controlled territory, to provide information to an American general, are not presently known. We do know that the unit Sergeant Bergdahl belonged to underwent serious disciplinary actions both before and after Sergeant Bergdahl's capture, that several of his unit's leaders were fired and replaced both prior to and subsequent to his capture, and, from communications between Sergeant Bergdahl and his family prior to his capture, Sergeant Bergdahl was sickened and distraught over the actions of his unit, including its possible complicity in the death of an Afghan child. It is quite possible Sergeant Bergdahl left his unit to report a war crime(s) or other serious crime(s) committed by American forces. He may have been trying to report a failure of his immediate leadership or it may have been something, in hindsight, that we would now consider trivial. Such an action on Sergeant Bergdahl's part would help to explain why his former platoon mates, quite possibly the very men whom Sergeant Bergdahl left to report on, have been so forceful in their condemnation of him, so determined not to forgive him for his disappearance, and so adamant in their denial to show compassion for his suffering while a prisoner of war.
  • This knowledge may explain why the Taliban believed Sergeant Bergdahl had fallen behind on a patrol rather than deserted. If he truly was deserting, than Sergeant Bergdahl most likely would have told the Taliban disparaging information about US forces in an attempt to harvest friendship and avoid torture, but if he was on a personal mission to report wrongdoing, than he certainly would not relate such information to the enemy. This may explain why Sergeant Bergdahl told his captors a lie rather than disclose his voluntary departure from the platoon outpost. This would also justify why Sergeant Bergdahl left his base without his weapon or equipment. Before his departure from his outpost, Sergeant Bergdahl asked his team leader what would happen if a soldier left the base, without permission, with his weapon and other issued gear. Sergeant Bergdahl's team leader replied that the soldier would get in trouble. Understanding Sergeant Bergdahl as not deserting, but trying to serve the Army by reporting wrongdoing to another base would explain why he chose not to carry his weapon and issued gear off of the outpost. Sergeant Bergdahl was not planning on deserting, i.e. quitting the army and the war, and he did not want to get in trouble for taking his weapon and issued gear with him on his unauthorized mission.
  • This possible exposure to senior leaders, and ultimately the media and American public, of civilian deaths or other offenses would also account for the non-disclosure agreement Sergeant Bergdahl's unit was forced to sign after his disappearance. Non-disclosure agreements may be common in the civilian world and do exist in military fields such as special operations and intelligence, but for regular infantry units they are rare. Sergeant Bergdahl's capture by the enemy, possibly while en-route to reveal war crimes or other wrongdoings, would certainly be the type of event an embarrassed chain of command would attempt to hide. Such a cover up would certainly not be unprecedented in American military history.Similar to the assertions made by many politicians, pundits and former soldiers that Sergeant Bergdahl deserted because, to paraphrase, he hated America and wanted to join the Taliban, the notion that he cooperated and assisted the Taliban while a prisoner of war has also been debunked by the Army's investigation. We know that Sergeant Bergdahl resisted his captors throughout his five years as a prisoner of war. His dozen escape attempts, with full knowledge of the risks involved in recapture, are in keeping with the Code of Conduct all American service members are required to abide by during captivity by the enemy.
  • In his own words, Sergeant Bergdahl's description of his treatment reveals a ghastly and barbaric five years of non-stop isolation, exposure, malnutrition, dehydration, and physical and psychological torture. Among other reasons, his survival must be attested to an unshakeable moral fortitude and inner strength. The same inherent qualities that led him to seek out an American general to report "disturbing circumstances" could well be the same mental, emotional and spiritual strengths that kept him alive through half a decade of brutal shackling, caging, and torture. It is my understanding the US military's prisoner of war and survival training instructors are studying Sergeant Bergdahl's experience in order to better train American service members to endure future experiences as prisoners of war. Susan Rice, President Obama's National Security Advisor, was roundly lampooned and criticized last year for stating that Sergeant Bergdahl "served with honor and distinction". It is only the most callous and politically craven among us who, now understanding the torture Sergeant Bergdahl endured, his resistance to the enemy that held him prisoner, and his adherence to the US military's Code of Conduct for five years in horrific conditions, would argue that he did not serve with honor and distinction.
  • Paul Merrell on 04 Apr 15
     
    There's more article than I highlighted and it's worth reading. Obama should step in here and issue a full pardon to end this young man's torment by Army generals playing to the press. Let's recall here that Obama, when asked to prosecute Bush II officials for war crimes, said he would rather look forward rather than backward. Sgt. Bergdahl, who committed no war crime, deserves no less. Five years of torture and malnutrition as a POW is more punishment than anyone deserves.
Gary Edwards

Google News - 0 views

news.google.com/?ar=1375391426

Libertarians freedom-liberty freedom-tyranny authoritarianism-individual-liberty

shared by Gary Edwards on 01 Aug 13 - No Cached
  • Gary Edwards on 01 Aug 13
     
    WOW!!! Incredible presentation concerning the history of Freedom vs. Tyranny. WOW!! If ever there's a MUST Watch, this is it. Very impressive and sweeping comparison of how authoritarian collectivist seize power in a free society and establish their tyrannies. My notes are listed below: How to recognize potential tyrants and keep them from seizing power. The urge to save humanity is always used to justify those who want to rule humanity. - ML Menken Daniel Webster on the Constitution Obstacles to Tyranny : Limited powers of government .... Due Process .... Presumption of Innocence .... Freedom to Dissent .... Armed Populace: The right to be Armed! Due Process .... 5th Amendment .... Emergency powers. there is no authorization in the US Constitution to suspend Due Process or any aspect of the Bill of Rights .... Asset Seizure Laws for criminal activities (alleged - without warrant or court order) .... Eminent Domain: seizure of private property for government uses: 2005 Kelo vs New London seizure based on jobs (economy) and tax revenue possibilities. .... 6th Amendment - right to trial by jury : plea bargaining admonition based on facing the awesome power of the government to prosecute no matter what - intimidation and threat of personal destruction. .... Forced confessions through plea bargaining. .... Indefinite detention without trial or charges: President has power to kill or issue orders without warrant, charges or trial .... Presumption of Innocence: Probable Cause .... Random stops at Border check points. 5th Amendment protections violated .... Sobriety Check Points: 4th and 5th Amendments violated - no presumption of innocence .... Random detention and questioning: airport security pat downs, housing projects, bus transportation .... The Right to Privacy: financial transactions and the IRS audit (without warrant or accusation) .... Warrant-less Spying .... Agents writing their own search warrants .... Snatch and Peek Freedom to Disse
Gary Edwards

Nate Jackson: Does Seeking to Jail Political Opponents Count as a 'Smidgen of Corruptio... - 0 views

patriotpost.us/36287

IRS Lois-Lerner Obammunism

shared by Gary Edwards on 09 Jul 15 - No Cached
  • And they wonder why people don’t trust the NSA’s mass metadata collection. The conversations that began at least in 2010 continued for three years. In fact, two days before Lerner “apologized” and outed the whole conspiracy, she wrote an email to the acting IRS commissioner’s chief of staff detailing ongoing discussions with DOJ officials. “These new documents show that the Obama IRS scandal is also an Obama DOJ and FBI scandal,” said Judicial Watch President Tom Fitton. “The FBI and Justice Department worked with Lois Lerner and the IRS to concoct some reason to put President Obama’s opponents in jail before his reelection. And this abuse resulted in the FBI’s illegally obtaining confidential taxpayer information. How can the Justice Department and FBI investigate the very scandal in which they are implicated?”
  • The answer to that last, albeit rhetorical, question is that they can’t and they aren’t. Any “investigation” by the DOJ or FBI will no doubt exonerate anyone of importance in the Obama administration. If any guilt is unavoidable, it will be hung around the necks of those rascals in Cincinnati or some other unfortunate scapegoat. All while Lerner continues to enjoy her comfortable retirement, and Obama himself remains untouched. On top of the serious breach of law and abuse of power in targeting Obama’s political opponents, the agencies' carefully crafted stonewall blocked the timely release of information. As with Hillary Clinton’s emails and the Benghazi cover-up, the slow bleed of information leaves the public tired of hearing “old news” and makes it all the more certain the perpetrators won’t face real accountability, much less justice.
  • Finally, we’re reminded of a commencement speech Obama delivered in 2009 at Arizona State University, after university officials declined to give Obama an honorary doctorate. Obama “joked” that “[university president Michael] Crowe and the Board of Regents will soon learn all about being audited by the IRS.” Clearly, that wasn’t much of a joke.
  • Gary Edwards on 09 Jul 15
     
    "There was "not even a smidgen of corruption" at the IRS, Barack Obama told us in February 2014, though he conceded "there were some bone-headed decisions." That was a bald-faced lie at the time, and new information only reinforces that conclusion. While the mainstream media turns a blind eye and deaf ear, Judicial Watch has continued digging for information regarding IRS targeting of Tea Party and Patriot groups leading up to (and almost surely aiding in) Obama's re-election in 2012. And they discovered some serious collusion that sounds more like something out of Soviet Russia or Red China than here in the U.S. "Judicial Watch … released new Department of Justice (DOJ) and Internal Revenue Service (IRS) documents that include an official 'DOJ Recap' report detailing an October 2010 meeting between Lois Lerner, DOJ officials and the FBI to plan for the possible criminal prosecution of targeted nonprofit organizations for alleged illegal political activity." In other words, imprisoning political opponents. Remember when the IRS initially blamed the whole fiasco on a couple of low-level employees in Cincinnati? Good times. The documents reveal numerous conversations between the three agencies, including Lois Lerner, about creative ways to charge and jail conservatives for the "crime" of political activity opposing Obama. To do so, the DOJ and FBI needed to illegally obtain taxpayer information from the IRS. So the IRS sent the FBI more than one million pages of taxpayer information on 113,000 non-profit groups."
Paul Merrell

NYT Trumpets U.S. Restraint against ISIS, Ignores Hundreds of Civilian Deaths - The Int... - 0 views

firstlook.org/...nores-hundreds-civilian-deaths

war & peace U.S.-foreign-policy Iraq Syria ISIL sandbagging civilian-victims

shared by Paul Merrell on 28 May 15 - No Cached
  • The New York Times this morning has an extraordinary article claiming that the U.S. is being hampered in its war against ISIS because of its extreme — even excessive — concern for civilians. “American officials say they are not striking significant — and obvious — Islamic State targets out of fear that the attacks will accidentally kill civilians,” reporter Eric Schmitt says. The newspaper gives voice to numerous, mostly anonymous officials to complain that the U.S. cares too deeply about protecting civilians to do what it should do against ISIS. We learn that “many Iraqi commanders, and even some American officers, argue that exercising such prudence is harming the coalition’s larger effort to destroy” ISIS. And “a persistent complaint of Iraqi officials and security officers is that the United States has been too cautious in its air campaign, frequently allowing columns of Islamic State fighters essentially free movement on the battlefield.”
  • The article claims that “the campaign has killed an estimated 12,500 fighters” and “has achieved several successes in conducting about 4,200 strikes that have dropped about 14,000 bombs and other weapons.” But an anonymous American pilot nonetheless complains that “we have not taken the fight to these guys,” and says he “cannot get authority” to drone-bomb targets without excessive proof that no civilians will be endangered. Despite the criticisms, Schmitt writes, “administration officials stand by their overriding objective to prevent civilian casualties.” But there’s one rather glaring omission in this article: the many hundreds of civilian deaths likely caused by the U.S.-led bombing campaign in Iraq and Syria. Yet the only reference to civilian deaths are two, ones which the U.S. government last week admitted: “the military’s Central Command on Thursday announced the results of an inquiry into the deaths of two children in Syria in November, saying they were most likely killed by an American airstrike,” adding that “a handful of other attacks are under investigation.”
  • Completely absent is the abundant evidence from independent monitoring groups documenting hundreds of civilian deaths. Writing in Global Post last month, Richard Hall noted that while “in areas of Syria and Iraq held by the Islamic State, verifying civilian casualties is difficult,” there is “strong evidence [that] suggests civilians are dying in the coalition’s airstrikes.”
  • Paul Merrell on 28 May 15
     
    Glenn Greenwald ain't buying the DoD excuse for not effectively bombing ISIL Check to make sure your wallet is still there anytime the U.S. federal government starts talking about humanitarian motives in prosecution of its wars. There never has been such a thing as a humanitarian war. And the U.S. government is not concerned about civilian casualties. If it was, it would have stopped instigating direct or proxy foreign wars a very long time ago. Civilian non-combatants always take the brunt of any war. Example: death toll from Iraq War 2.0 stands over 1 million. Casualty stats are not yet available for Iraq War 3.0. 
Gary Edwards

Is Standard and Poor's Manipulating US Debt Rating to Escape Liability for the Mortgage... - 0 views

firedoglake.com/...bility-for-the-mortgage-crisis

S&P Phony-Credit-Ratings national-debt-Ceiling Banksters banksters

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