Skip to main content

Home/ Socialism and the End of the American Dream/ Group items tagged non-prosecution

Rss Feed Group items tagged

Paul Merrell

European Parliament Calls for Investigation of Secret CIA Torture Sites - 0 views

  • The European Parliament on Wednesday condemned the “apathy shown by member states and EU institutions” over torture in secret CIA prisons in Europe. A non-binding resolution, which passed 329-299, urged member states to “investigate, insuring full transparency, the allegations that there were secret prisons on their territory in which people were held under the CIA programme.” It also called on the European Union to undertake fact-finding missions into countries that were known to house American black sites. The resolution named Lithuania, Poland, Italy, and the United Kingdom as countries complicit in CIA operations. The Parliament also expressed “regret” that none of the architects of the U.S. torture program faced criminal charges, and that the U.S. has failed to cooperate with European criminal probes.
  • Despite banning torture when he came into office, President Obama has fought all attempts to hold Bush administration officials accountable, including by invoking the state secrets privilege to block lawsuits and delaying the release of the Senate Torture Report. When it was made public in 2014, the executive summary of the 6,000-page report confirmed that Poland’s former president, Aleksander Kwasniewski, signed off on the use of a CIA black site in the country, though he denied knowledge of torture. The European Court of Human Rights later issued an unprecedented ruling requiring Poland to pay $262,000 in reparations to two Guantánamo inmates who were tortured in Poland. While Obama continues to “look forward, not back,” victims of U.S. torture are increasingly looking to international courts for justice.
  • The European Parliament’s resolution requested that the European Commission and European Council produce a report on member states’ investigations and prosecutions by the end of June. In April, a federal judge ruled that survivors of CIA torture could sue the two psychologists who designed the CIA’s torture techniques. The case marks the first time a torture-related lawsuit against CIA employees will go to trial.
Paul Merrell

Syrian army moves Scud missiles to avoid strike - 0 views

  • President Bashar Assad's forces have removed several Scud missiles and dozens of launchers from a base north of Damascus, possibly to protect the weapons from a Western attack, opposition sources said on Thursday.
  • At the headquarters of the army's 155th Brigade, a missile unit whose base sprawls along the western edge of Syria's main highway running north from the capital to Homs, rebel scouts saw dozens mobile Scud launchers pulling out early on Thursday.Rebel military sources said spotters saw missiles draped in tarpaulins on the launchers, as well as trailer trucks carrying other rockets and equipment. More than two dozen Scuds — 35-foot-long ballistic missiles with ranges of 200 miles and more — were fired from the base in the Qalamoun area this year, some of which hit even Aleppo in the far north.The base was among a list of suggested targets presented by the rebel Syrian National Coalition to Western envoys in Istanbul earlier this week, opposition sources said. Scud units, of Soviet or North Korean manufacture, are designed to be mobile and so could still be set up quickly to fire from new positions.
  • Assad's forces appeared already by Wednesday to have evacuated most personnel from army and security command headquarters in central Damascus, residents and opposition sources in the capital said.In the Qalamoun area, an activist calling himself Amer al-Qalamouni told Reuters by telephone: "Most of the personnel in the base appear to have left.He added that trailer trucks loaded with military equipment were also seen on the Damascus ring road to the south: "Either the hardware is being transported to be stored elsewhere or it will remain constantly on the move to avoid being hit," he said.Captain Firas Bitar of the Tahriri al-Sham rebel force, who is from the Qalamoun area but is based in a Damascus suburb, said two other missile units based near the 155th in the districts of Qutaifa and Nasiriya were also moving rockets out.He said they could be move northwest to loyalist strongholds near Homs or further into the coastal mountain heartland of Assad's minority Alawite sect.Opposition sources also suspected the evacuation of another missile unit based in Sahya, just south of Damascus."The Sahya barracks have been hitting the southern suburbs with rockets and artillery non-stop," said rebel commander Abu Ayham of the Ansar al-Islam brigade. "Since yesterday, nothing has been fired from the camp, suggesting it has been emptied."
  •  
    Have you noticed that there has been no Obama Administration call for investigation, identification, and prosecution of the White House leakster who leaked the targets for the allegedly planned U.S. strike on Syria? A very kind way of saying to Assad, "would you be so kind as to move your weapons out of our targeted areas so we cause as little damage as we can while still showing the world that Obama doesn't back down from his red lines." Apparently that is precisely what Assad is doing.
Paul Merrell

Canadian Government Says Free Speech is for Offending Muslims - Not Opposing Israel - T... - 0 views

  • Canadian Prime Minister Stephen Harper, January 8, 2015, on Charlie Hebdo shootings: “When a trio of hooded men struck at some of our most cherished democratic principles, freedom of expression, freedom of the press, they assaulted democracy everywhere . . . They have declared war on anybody who does not think and act exactly as they wish they would think and act . . . . they have declared war on any country, like ourselves, that values freedom, openness and tolerance.”
  • CBC, today: “Ottawa threatening hate charges against those who boycott Israel” The Harper government is signaling its intention to use hate crime laws against Canadian advocacy groups that encourage boycotts of Israel. Such a move could target a range of civil society organizations, from the United Church of Canada and the Canadian Quakers to campus protest groups and labour unions. If carried out, it would be a remarkably aggressive tactic, and another measure of the Conservative government’s lockstep support for Israeli Prime Minister Benjamin Netanyahu. . . . The government’s intention was made clear in a response to inquiries from CBC News about statements by federal ministers of a “zero tolerance” approach to groups participating in a loose coalition called Boycott, Divest and Sanction (BDS), which was begun in 2006 at the request of Palestinian non-governmental organizations.
  • Has a #JeSuisBDS hashtag started trending yet on Twitter? Under the new Charlie Hebdo standard — it’s not enough to defend free speech; one must praise and even express the speech targeted with suppression — have all of the newfound free speech crusaders begun organizing pro-Israel-boycott rallies in order to defy these suppression efforts? In a zillion years, could anyone imagine the popularity-craving officials who run PEN America bestowing one of their glamorous awards on advocates of the Israel-targeted Boycott/Divestment/Sanctions movement? The answer to all of those questions is and will remain “no,” because (as I discussed last week here with Bob Wright) the Charlie Hebdo ritual (for most, not all) was about many agendas having nothing to do with the free expression banner under which it paraded. In that regard, Stephen Harper is the perfect Poster Boy for how free expression is tribalistically manipulated and exploited in the West. When the views being suppressed are ones amenable to those in power (e.g., cartoons mocking Islam), free speech is venerated; attempts to suppress those kinds of ideas show that “they have declared war on any country, like ourselves, that values freedom, openness and tolerance.” We get to celebrate ourselves as superior and progressive and victimized, and how good that feels. But when ideas are advocated that upset those in power (e.g. speech by Muslims critical of Western nations and their allies), the very same people acquiesce to, or expressly endorse, full-scale suppression. Thus can the Canadian Prime Minister pompously parade around as some sort of Guardian of Enlightenment Ideals only, three months later, to act like the classic tyrant.
  • ...3 more annotations...
  • Asked to explain what zero tolerance means, and what is being done to enforce it, a spokesperson for Public Safety Minister Steven Blaney replied, four days later, with a detailed list of Canada’s updated hate laws, noting that Canada has one of the most comprehensive sets of such laws “anywhere in the world.”
  • As I’ve argued many times — most comprehensively here — all applications of hate speech laws are inherently tyrannical, dangerous and wrong, and it’s truly mystifying (and scary) that people convince themselves that their judgment is so unerring and their beliefs so sacrosanct that it should be illegal to question or dissent from them. But independent of that, what we see here again is the utter foolishness of endorsing such laws on pragmatic grounds: they will inevitably be used against not just the ideas you hate but the ones you like, and when that happens, if you cheered when such laws were used to suppress the ideas you hate, then you will have no valid ground to object.
  • UPDATE: Various Israel devotees such as David Frum spent the morning insisting the CBC story is false, and now the Canadian government has followed suit, issuing a statement denouncing it. Unfortunately for them, the full email exchange between the CBC reporter, Neil Macdonald, and a spokesman for the Public Safety Department can be read here, and it proves that the CBC story is 100% accurate.
Paul Merrell

Banks fined over $5 billion for rigging global currency markets | Toronto Star - 0 views

  • A group of global banks will pay more than $5 billion U.S. in penalties and plead guilty to rigging the world’s currency market, the first time in more than two decades that major players in the financial industry have admitted to criminal wrongdoing. JPMorgan Chase, Citigroup, Barclays and The Royal Bank of Scotland conspired with one another to fix rates on U.S. dollars and euros traded in the huge global market for currencies, according to a resolution announced Wednesday between the banks and the U.S. Department of Justice. A group of currency traders, who called themselves “The Cartel,” allegedly shared customer orders through chat rooms and used that information to profit at the expense of their clients. The resolution is complex and involves multiple regulators in the U.S. and overseas.
  • The four banks will pay a combined $2.5 billion in criminal penalties to the DOJ for criminal manipulation of currency rates between December 2007 and January 2013, according to the agreement. The Federal Reserve is slapping them with an additional $1.6 billion in fines, as the banks’ chief regulator. Finally, British bank Barclays is paying an additional $1.3 billion to British and U.S. regulators for its role in the scheme. Another bank, Switzerland’s UBS, has agreed to plead guilty to manipulating key interest rates and will pay a separate criminal penalty of $203 million.
  • It is rare to see a bank plead guilty to wrongdoing. Even in the aftermath of the financial crisis, most financial companies reached “non-prosecution agreements” or “deferred prosecution agreements” with regulators, agreeing to pay billions in fines but not admitting any guilt. If any guilt were found, it was usually one of the bank’s subsidiaries or divisions — not the bank holding company.
  • ...2 more annotations...
  • Big banks overall have already been fined billions of dollars for their role in the housing bubble and subsequent financial crisis. But even so, the latest penalties are big. Including a separate agreement with the Federal Reserve announced Wednesday and another announced last year, the group of banks will pay nearly $9 billion in fines for manipulating the $5.3 trillion global currency market. Unlike the stock and bond markets, currencies trade nearly 24 hours a day, seven days a week. The market pauses two times a day, a moment known as “the fix.” Traders in the cartel allegedly shared client orders with rivals ahead of the “fix”, pumping up currency rates to make profits. Global companies, who do business in multiple currencies, rely on their banks to give them the closest thing to an official exchange rate each day. The banks are supposed to be looking out for them instead of conspiring to get even bigger profits by using customers’ orders against them. Travelers who regularly exchange currencies also need to get a fair price for their euros or dollars.
  • The number of traders who participated in the criminal activity was small. JPMorgan, in a statement, said the one trader involved has been fired. Citi said it fired nine employees involved. The agreement between the banks and the DOJ is subject to court approval. If approved, all five banks have agreed to three years of corporate probation overseen by a court. The banks will also help prosecutors with their investigations into individual criminal activity related to the currency market rigging. In 2012, HSBC avoided a legal battle that could further savage its reputation and undermine confidence in the global banking system by agreeing to pay $1.9 billion to settle a U.S. money-laundering probe. Another British bank, Standard Chartered, signed an agreement with New York regulators to settle a money-laundering investigation involving Iran with a $340 million payment. In 2014, the Bank of America reached a record $17 billion settlement to resolve an investigation into its role in the sale of mortgage-backed securities before the 2008 financial crisis
Paul Merrell

Case for war crimes against Israel more likely with Palestine willing to join Internati... - 0 views

  • The possibility of a war crimes investigation into the conduct of Israeli forces in Gaza, until recently unthinkable, has grown after the Palestinians said this week they wanted to become a party to the International Criminal Court.
  • The legal groundwork for such a move was laid in November 2012 when the 193-member United Nations General Assembly overwhelmingly approved the de facto recognition of the sovereign state of Palestine by upgrading the Palestinian Authority's observer status to "non-member state" from "entity". 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. With Palestinian authorisation, an ICC investigation could then examine events as far back as July 1, 2002, when the court opened with a mandate to try individuals for war crimes, crimes against humanity and genocide. "If Palestine applies it will be admitted to the ICC," John Dugard, international law professor and a former UN Special Rapporteur for the Palestinian territories, told Reuters. "The UN has spoken and it has recognised the state of Palestine and it is now for the ICC to admit Palestine. I cannot see how that can be resisted."
  • Dugard said the Palestinians could then ask prosecutors to investigate alleged crimes in July and August in Gaza, but also the legality of Israeli West Bank settlements. "The settlements are an ongoing crime and it is quite clear that the settlements constitute a war crime under the Rome Statute and that is what Israel is desperately worried about," Dugan said. Israel says the settlements are legal, as it captured the West Bank from Jordan, rather than a sovereign Palestine, in the 1967 Middle East war.
  • ...2 more annotations...
  • One Israeli official, who spoke on condition of anonymity because the legal strategy is confidential, said the Israeli government is planning a defense of the Gaza operation and that counter-claims, including against the administration of President Mahmoud Abbas, could follow if the ICC launches a case. "We are talking about terrorism involving officials, security personnel and others, from his administration, and emanating from areas under his control," the official said.
  • ICC membership has been described by diplomats and officials as the Palestinian "nuclear option" because it is the key leverage the Palestinians hold in negotiations. It would also expose the Palestinians themselves to possible prosecution. Nearly a month of fighting in Gaza "left us no choice" but to seek a case against Israel at the ICC, Palestinian Foreign Minister Raid al-Malki said on Tuesday after meeting with prosecutors to discuss joining the court. "An investigation by the ICC is becoming crucial in the absence of a real system of accountability, due to the existence of a pervasive culture of impunity given to Israel and resulting from the lack of action by the international community," he said. Malki said "there is no difficulty for us to show or build the case. Israel is in clear violation of international law."
Paul Merrell

New GOP Plans for Torture | Consortiumnews - 0 views

  • President Obama’s failure to prosecute Bush-era torturers created an impunity that has encouraged some Republican presidential candidates to tout new plans for more torture if they reach the White House, a grotesque example of “American exceptionalism,” as Nat Parry explains.
Paul Merrell

AP News : Both sides prepare for new Gaza war crimes probe - 0 views

  • In a replay of the last major Gaza conflict, human rights defenders are again accusing Israel and Hamas of violating the rules of war, pointing to what they say appear to be indiscriminate or deliberate attacks on civilians.In 2009, such war crimes allegations leveled by U.N. investigators - and denied by both sides at the time - never came close to reaching the International Criminal Court.Some Palestinians hope the outcome will be different this time, in part because President Mahmoud Abbas, as head of a U.N.-recognized state of Palestine, has since earned the right to turn directly to the court.Still, the road to the ICC, set up in 2002 to prosecute war crimes, is filled with formidable political obstacles.
  • Israel and the United States strongly oppose bringing any possible charges stemming from the Israeli-Palestinian conflict before the court, arguing such proceedings could poison the atmosphere and make future peace talks impossible.If Abbas seeks a war crimes investigation of Israel, he could lose Western support and expose Hamas - a major Palestinian player - to the same charges.
  • Unlike in 2009, Abbas has the option of turning to the court directly because of the upgrade in legal standing awarded by the U.N. General Assembly in 2012. At the time, the assembly recognized "Palestine" in the West Bank, Gaza and east Jerusalem as a non-member observer state, meeting the ICC requirement of accepting requests for jurisdiction from states over crimes committed in their territory.After 20 years of failed negotiations with Israel, many Palestinians believe the ICC offers the only opportunity to hold Israel accountable, not only for Gaza military operations, but for continued expansion of settlement-building on occupied lands. With daily scenes of Gaza carnage, the West Bank-based Abbas is under growing pressure to join the court.He still hesitates, because going after Israel at the ICC would signal a fundamental policy shift, instantly turning his tense relationship with Israel into a hostile one and creating a rift with the United States.
  • ...1 more annotation...
  • He also has Hamas to consider, since action against Israel would likely trigger a war crimes investigation of Hamas as well. The Islamic militant group seized Gaza from Abbas in 2007, and relations between the two rivals remain tense. However, they reached a power-sharing agreement in the spring and Abbas does not want to return to confrontations with Hamas.Last week, Abbas told leaders of PLO factions in the West Bank that he would only turn to the ICC if Hamas agrees, in writing. Abbas aide Saeb Erekat told The Associated Press on Monday that he put the request to the top Hamas leader in exile, Khaled Mashaal, in a meeting in Doha last week. Erekat said he was told that Hamas needs time to decide.
  •  
    Some conflicting reports on Palestine taking Israel to the International Criminal Court charging war crimes. The conflict may be because of the different times they were published This article published yesterday says that Abbas said last week that he would only do so if Hamas agrees and said he was awaiting a decision by Hamas. But the Haaretz live blog on Gaza says that "Palestinian Foreign Minister Riad al-Malki says after meeting prosecutors at the International Criminal Court [today] that there was "clear evidence" that Israel committed war crimes in  Gaza." http://www.haaretz.com/news/diplomacy-defense/1.608928 So it sounds like Palestine has initiated the process at the ICC and that Hamas leadership has decided to accept the risk that they will face war crime charges themselves. If so, that's a strong sign that some nation has agreed to bankroll the Palestine government if the U.S. ends its aid to Palestine. Most likely Qatar from what I've read. The U.N. Human Rights Council has already launched its own investigation of potential war crimes committed during Israel's latest invasion of Gaza. An article passed by me sometime during the last 48 hours that quoted the Chief Prosecutor at the ICC to the effect that she would act if Palestine filed charges but said that "the ball is in Palestine's court." The ICC has been widely criticized for its preference of convicting the leaders of African nations rather than of caucasian nations. Given that circumstance, the Court of 15 judges may welcome the Palestinian opportunity to prove that it is willing to convict leaders of a non-African nation. Certainly, Israel's occupation and colonization of Palestine since hostilities ceased in 1967 offers more than fertile ground for such a case. I have to admit that I enjoy my mental picture of Benjamin Netanyahu in chains standing in the Court's dock in The Hague. 
Paul Merrell

Australia, UK, US all complicit in Indonesian 1965 massacres, international judges say ... - 0 views

  • A non-binding international tribunal at The Hague has found Australia, the United Kingdom and the United States were complicit in facilitating the 1965 mass killings in Indonesia.
  • An estimated half a million people perished in what was one of the worst massacres of the 20th Century. The killings were triggered by a failed coup that led to the deaths of six army generals, followed by the mass targeting of communists.The International People's Tribunal at The Hague has now ruled that Indonesia committed crimes against humanity, but the finding is non-binding and carries no legal weight.The judges found allegations of "cruel and unspeakable murders" and the "unjustifiable imprisonment of hundreds of thousands of people without trial" was well founded."It has also been demonstrated that sexual violence, particularly against women, was systematic and routine, especially during the period 1965 to 1967," the report said.The judges found Indonesia responsible for the crimes and called for the current administration to apologise and to institute investigations and prosecutions of those perpetrators who are still alive."Furthermore, the archives should be opened and the real truth on these crimes against humanity should be established," the judges said.The tribunal's report found Australia, the US and the UK complicit by using propaganda to manipulate international opinion in favour of the Indonesian army.
  • The report said Australia and the UK, " … shared the US aim of seeking to bring about the overthrow of president Sukarno.""They continued with this policy even after it had become abundantly clear that killings were taking place on a mass and indiscriminate basis. On balance, this appears to justify the charge of complicity," the report said.The report detailed horrifying details of rape and torture, including accused communists being forced to drink soldiers' urine, while in other cases victims' ears were cut off and they were forced to consume them.According to the report, other acts of torture included, burning body parts, electric shocks, water torture, pulling out of fingernails and tying victims inside a sack with snakes.
Paul Merrell

America's Staggering Hypocrisy | Consortiumnews - 0 views

  • Since World War II – and extending well into the Twenty-first Century – the United States has invaded or otherwise intervened in so many countries that it would be challenging to compile a complete list. Just last decade, there were full-scale U.S. invasions of Afghanistan and Iraq, plus American bombing operations from Pakistan to Yemen to Libya. So, what is one to make of Secretary of State John Kerry’s pronouncement that Russia’s military intervention in the Crimea section of Ukraine – at the behest of the country’s deposed president – is a violation of international law that the United States would never countenance?
  • Kerry decried the Russian intervention as “a Nineteenth Century act in the Twenty-first Century.” However, if memory serves, Sen. Kerry in 2002 voted along with most other members of the U.S. Congress to authorize President George W. Bush’s invasion of Iraq in 2003, which was also part of the Twenty-first Century. And, Kerry is a member of the Obama administration, which like its Bush predecessor, has been sending drones into the national territory of other nations to blow up various “enemy combatants.” Are Kerry and pretty much everyone else in Official Washington so lacking in self-awareness that they don’t realize that they are condemning actions by Russian President Vladimir Putin that are far less egregious than what they themselves have done?
  • And, what do Hiatt and other neocons at the Washington Post say about confronting the Russians over the Ukraine crisis, which was stoked by neocon holdovers in the U.S. State Department, such as Assistant Secretary of State Victoria Nuland,  and the U.S.-funded National Endowment for Democracy, which was founded in 1983 to replace the CIA in the business of destabilizing targeted governments? [See Consortiumnews.com’s “What Neocons Want from Ukraine Crisis.”] The Post is demanding a new Cold War with Russia in retaliation for its relatively non-violent interventions to protect pro-Russian provinces of two countries that were carved out of the old Soviet Union: Georgia where Russian troops have protected South Ossetia and Abkhazia since 2008 and in Ukraine where Russian soldiers have taken control of Crimea. In both cases, the pro-Russian areas felt threatened from their central governments and sought Moscow’s assistance. In the case of Ukraine, a neo-Nazi-led putsch – representing the interests of the western part of the country – overthrew the democratically elected president, Viktor Yanukovych, who came from the eastern region. Then, under the watchful eye of the neo-Nazi storm troopers in Kiev, a rump parliament voted unanimously or near unanimously to enact a series of draconian laws offensive to the ethnic Russian areas in the east and south.
  • ...3 more annotations...
  • If Putin is violating international law by sending Russian troops into the Crimea after a violent coup spearheaded by neo-Nazi militias ousted Ukraine’s democratically elected president – and after he requested protection for the ethnic Russians living in the country’s south and east – then why hasn’t the U.S. government turned over George W. Bush, Dick Cheney and indeed John Kerry to the International Criminal Court for their far more criminal invasion of Iraq? In 2003, when the Bush-Cheney administration dispatched troops halfway around the world to invade Iraq under the false pretense of seizing its non-existent weapons of mass destruction, the U.S. touched off a devastating war that killed hundreds of thousands of Iraqis and left their country a bitterly divided mess. But there has been virtually no accountability. And, why haven’t many of the leading Washington journalists who pimped for those false WMD claims at least been fired from their prestigious jobs, if not also trundled off to The Hague for prosecution as propagandists for aggressive war? Remarkably, many of these same “journalists” are propagandizing for more U.S. wars today, such as attacks on Syria and Iran, even as they demand harsh penalties for Russia over its intervention in the Crimea, which incidentally was an historic part of Russia dating back centuries.
  • Though the Russian case for intervention in both Georgia and Ukraine is much stronger than the excuses often used by the United States to intervene in other countries, the Washington Post was apoplectic about Russia’s “violation” of suddenly sacred international law. The Post wrote, “as long as some leaders play by what Mr. Kerry dismisses as 19th-century rules, the United States can’t pretend that the only game is in another arena altogether. Military strength, trustworthiness as an ally, staying power in difficult corners of the world such as Afghanistan — these still matter, much as we might wish they did not.” The Post also laments what it sees as a “receding” tide of democracy around the world, but it is worth noting that the U.S. government has a long and sorry record of overthrowing democratic governments. Just a partial list since World War II would include: Mossadegh in Iran in 1953, Arbenz in Guatemala in 1954, Allende in Chile in 1973, Aristide in Haiti twice, Chavez in Venezuela briefly in 2002, Zelaya in Honduras in 2009, Morsi in Egypt in 2013, and now Yanukovych in Ukraine in 2014. The next target of a U.S.-embraced “democratic” coup looks to be Nicolas Maduro of Venezuela. Perhaps the closest U.S. parallel to the Russian intervention in Ukraine was President Bill Clinton’s decision to invade Haiti in 1994 to reinstall Haiti’s elected president Jean-Bertrand Aristide to office, though Russia has not gone nearly that far regarding Yanukovych in Ukraine. Russia has only intervened to prevent the fascist-spearheaded coup regime in Kiev from imposing its will on the country’s ethnic Russian provinces.
  • Thus, the overriding hypocrisy of the Washington Post, Secretary Kerry and indeed nearly all of Official Washington is their insistence that the United States actually promotes the principle of democracy or, for that matter, the rule of international law. Those are at best situational ethics when it comes to advancing U.S. interests around the world.
Gary Edwards

James Madison and the States Natural Right of Nullification ; Publius-Huldah's Blog - 0 views

  • What are the Two Conditions Precedent for Nullification?
  • The act of the federal government must be unconstitutional –  usually a usurpation of a power not delegated to the federal government in the Constitution; and
  • The act must be something The States or The People can “nullify”- i.e., refuse to obey:  the act must order them to do something or not do something.
  • ...38 more annotations...
  • If the federal government should overpass the just bounds of its authority and make a tyrannical use of its powers, the people, whose creature it is, must appeal to the standard [the Constitution] they have formed, and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify.”
  • When the act of the federal government is unconstitutional and orders The States or The People to do – or not do – something, nullification is the proper form of interposition.
  • When the act of the federal government is unconstitutional, but doesn’t order The States or The People to do – or not do – something (the alien & sedition acts), nullification is not possible. The States may interpose by objecting, as in The Virginia & Kentucky Resolutions of 1798.
  • When the act of the federal government is constitutional, but unjust (the Tariff Act of 1828), the States may not nullify it; but may interpose by objecting and trying to get the Tariff Act changed.
  • Our Founding Principles in a Nutshell
  • Rights come from God;
  • People create governments;
  • The purpose of government is to secure the rights God gave us; and
  • When a government We created seeks to take away our God given rights, We have the Right – We have the Duty – to alter, abolish, or throw off such government.
  • The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.
  • It is to secure our rights to life and liberty by:
  • These enumerated powers concern: Military defense, international commerce & relations; Control of immigration and naturalization of new citizens; Creation of a uniform commercial system: Weights & measures, patents & copyrights, money based on gold & silver, bankruptcy laws, mail delivery & some road building; and With some of the Amendments, protect certain civil rights and voting rights (for blacks, women, citizens who don’t pay taxes, and citizens 18 years and older).
  • It is only with respect to the enumerated powers that the federal government has lawful authority over the Country at large. All other powers are “reserved to the several States” and The People.
  • The powers reserved to the several States will extend to all the objects which … concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.”
  • Military defense (Art. I, Sec. 8, cl. 11-16); Laws against piracy and other felonies committed on the high seas (Art. I, Sec. 8, cl. 10); Protecting us from invasion (Art IV, Sec. 4); Prosecuting traitors (Art III, Sec. 3); and Restrictive immigration policies (Art. I, Sec. 9, cl. 1).
  • It is to secure our property rights by:
  • Regulating trade & commerce so we can produce, sell & prosper (Art. I, Sec. 8, cl.3). The original intent of the interstate commerce clause is to prohibit States from levying tolls & taxes on articles of commerce as they are transported thru the States for buying & selling. Establishing uniform weights & measures and a money system based on gold & silver (Art I, Sec. 8, cl. 5) – inflation via paper currency & fractional reserve lending is theft! Punishing counterfeiters (Art I, Sec. 8, cl. 6); Making bankruptcy laws to permit the orderly dissolution or reorganization of debtors’ estates with fair treatment of creditors (Art I, Sec 8, cl. 4); and Issuing patents & copyrights to protect ownership of intellectual labors (Art I, Sec 8, cl 8)
  • Madison answers the objection “that the judicial authority is to be regarded as the sole expositor of the Constitution, in the last resort”.
  • Laws against slavery (13th Amendment); Providing fair trials in federal courts (4th, 5th, 6th, 7th, and 8th Amendments); and          Obeying the Constitution!
  • The fourth Founding Principle in our Declaration is this: When government takes away our God given rights, We have the Right & the Duty to alter, abolish, or throw off such government. Nullification is thus a natural right of self-defense:
  • 1. As we have just seen, Jefferson, Madison, and Hamilton saw nullification of unconstitutional acts of the federal government as a “natural right” – not a “constitutional right”. And since Rights come from God, there is no such thing as a “constitutional right”!
  • 2. The Right of Nullification, transcending as it does, the Constitution; and being nowhere prohibited by the Constitution to the States, is a reserved power.
  • The 10th Amendment says: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
  • Madison’s Report on the Virginia Resolutions (1799-1800)
  • Now! Note Well:  Madison actually says, in the same Report Barnett cites, that it is “a plain principle, founded in common sense” that The States are the final authority on whether the federal government has violated our Constitution! Under his discussion of the 3rd Resolution, Madison says:
  • “It appears to your committee to be a plain principle, founded in common sense, illustrated by common practice, and essential to the nature of compacts; that where resort can be had to no tribunal superior to the authority of the parties, the parties themselves must be the rightful judges in the last resort, whether the bargain made, has been pursued or violated. The Constitution of the United States was formed by the sanction of the States, given by each in its sovereign capacity. It adds to the stability and dignity, as well as to the authority of the Constitution, that it rests on this legitimate and solid foundation. The States then being the parties to the constitutional compact, and in their sovereign capacity, it follows of necessity, that there can be no tribunal above their authority, to decide in the last resort, whether the compact made by them be violated; and consequently that as the parties to it, they must themselves decide in the last resort, such questions as may be of sufficient magnitude to require their interposition.” [emphasis mine]
  • Madison explains that if, when the federal government usurps power, the States cannot act so as to stop the usurpation, and thereby preserve the Constitution as well as the safety of The States; there would be no relief from usurped power. 
  • This would subvert the Rights of the People as well as betray the fundamental principle of our Founding:
  • …If the deliberate exercise, of dangerous power, palpably withheld by the Constitution, could not justify the parties to it, in interposing even so far as to arrest the progress of the evil, and thereby to preserve the Constitution itself as well as to provide for the safety of the parties to it; there would be an end to all relief from usurped power, and a direct subversion of the rights specified or recognized under all the State constitutions, as well as a plain denial of the fundamental principle on which our independence itself was declared.” [emphasis mine]
  • It is to secure our right to liberty by:
  • Madison explains that when the federal government acts outside the Constitution by usurping powers, and when the Constitution affords no remedy to that usurpation; then the Sovereign States who are the Parties to the Constitution must likewise step outside the Constitution and appeal to that original natural right of self-defense.
  • Madison goes on to say that all three Branches of the federal government obtain their delegated powers from the Constitution; and they may not annul the authority of their Creator.
  • but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non foederis,) to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them…” [boldface mine]
  • Application Today
  • When WE THE PEOPLE ratified our Constitution, and thereby created the federal government, WE did not delegate to our “creature” power to control our medical care, restrict guns and ammunition, dictate what is done in the public schools, dictate how we use our lands, and all the thousands of things they do WE never gave them authority in our Constitution to do.
  • Accordingly, each State has a natural right to nullify these unconstitutional dictates within its borders.  These dictates are outside the compact The Sovereign States made with each other –WE never gave our “creature” power over these objects.
  • To sum this up:
  • Nullification is a natural right of self-defense. Rights don’t come from the Constitution. Like all Rights, the right of self-defense comes from God (The Declaration of Independence, 2nd para). Nullification is a reserved power within the meaning of the 10th Amendment. The Constitution doesn’t prohibit States from nullifying, and We reserved the power to do it. God requires us to disobey civil authorities when they violate God’s Law. That’s why the 2nd para of the Declaration of Independence says we have the duty to overthrow tyrannical government. See: The Biblical Foundation of our Constitution. Nullification is required by Oath of Office:  Article VI, cl. 3 requires all State officers and judges to “support” the federal Constitution. Therefore, when the federal government violates the Constitution, the States must smack them down.
  •  
    Incredible and passionate argument concerning the States natural God given right to nullify and render unenforceable un-Constitutional actions of the Federal Government.  As "creators" of the Federal Government, the States are obligated to nullify un-Constitutional actions and interpose Constitutional alternatives.  Huldah sites Jefferson, Madison and Hamilton as the primary Constitutional authorities for her rock solid argument.   If ever you want to learn about the Constitution, Publius Huldah is clearly the place to go.  
Paul Merrell

Obama's crackdown views leaks as aiding enemies of U.S. | McClatchy - 0 views

  • Even before a former U.S. intelligence contractor exposed the secret collection of Americans’ phone records, the Obama administration was pressing a government-wide crackdown on security threats that requires federal employees to keep closer tabs on their co-workers and exhorts managers to punish those who fail to report their suspicions. President Barack Obama’s unprecedented initiative, known as the Insider Threat Program, is sweeping in its reach. It has received scant public attention even though it extends beyond the U.S. national security bureaucracies to most federal departments and agencies nationwide, including the Peace Corps, the Social Security Administration and the Education and Agriculture departments. It emphasizes leaks of classified material, but catchall definitions of “insider threat” give agencies latitude to pursue and penalize a range of other conduct.
  • Government documents reviewed by McClatchy illustrate how some agencies are using that latitude to pursue unauthorized disclosures of any information, not just classified material. They also show how millions of federal employees and contractors must watch for “high-risk persons or behaviors” among co-workers and could face penalties, including criminal charges, for failing to report them. Leaks to the media are equated with espionage.
  • Employees must turn themselves and others in for failing to report breaches. “Penalize clearly identifiable failures to report security infractions and violations, including any lack of self-reporting,” the strategic plan says.The Obama administration already was pursuing an unprecedented number of leak prosecutions, and some in Congress – long one of the most prolific spillers of secrets – favor tightening restrictions on reporters’ access to federal agencies, making many U.S. officials reluctant to even disclose unclassified matters to the public. The policy, which partly relies on behavior profiles, also could discourage creative thinking and fuel conformist “group think” of the kind that was blamed for the CIA’s erroneous assessment that Iraq was hiding weapons of mass destruction, a judgment that underpinned the 2003 U.S. invasion. “The real danger is that you get a bland common denominator working in the government,” warned Ilana Greenstein, a former CIA case officer who says she quit the agency after being falsely accused of being a security risk. “You don’t get people speaking up when there’s wrongdoing. You don’t get people who look at things in a different way and who are willing to stand up for things. What you get are people who toe the party line, and that’s really dangerous for national security.”
  • ...3 more annotations...
  • The program could make it easier for the government to stifle the flow of unclassified and potentially vital information to the public, while creating toxic work environments poisoned by unfounded suspicions and spurious investigations of loyal Americans, according to these current and former officials and experts. Some non-intelligence agencies already are urging employees to watch their co-workers for “indicators” that include stress, divorce and financial problems.
  • The program, however, gives agencies such wide latitude in crafting their responses to insider threats that someone deemed a risk in one agency could be characterized as harmless in another. Even inside an agency, one manager’s disgruntled employee might become another’s threat to national security. Obama in November approved “minimum standards” giving departments and agencies considerable leeway in developing their insider threat programs, leading to a potential hodgepodge of interpretations. He instructed them to not only root out leakers but people who might be prone to “violent acts against the government or the nation” and “potential espionage.”
  • The Department of Education, meanwhile, informs employees that co-workers going through “certain life experiences . . . might turn a trusted user into an insider threat.” Those experiences, the department says in a computer training manual, include “stress, divorce, financial problems” or “frustrations with co-workers or the organization.”An online tutorial titled “Treason 101” teaches Department of Agriculture and National Oceanic and Atmospheric Administration employees to recognize the psychological profile of spies.
Paul Merrell

Spanish bankers sent to jail in landmark ruling - The Local - 0 views

  • A Spanish court has jailed five former executives who got millions in severance pay from a struggling bank that later had to be nationalised, a first in a country still reeling from banking bailouts. "These are people who managed a savings bank that had to be rescued by the state," Spain's top-level National Court said in a ruling seen by AFP on Tuesday, adding it had taken the decision to avoid allowing former bankers to enjoying "impunity". The ruling could act as a precedent for the other, more high-profile trial of former economy minister and ex-IMF chief Rodrigo Rato over alleged embezzlement when he was president of Bankia, another bank that was rescued during the financial crisis.
  • The five men, currently aged 59 to 85, had already been found guilty of embezzlement in 2015 and were then given a two-year jail sentence, which their defence asked to be suspended. In Spain, it is usual for first offences for non-violent crimes carrying a sentence of two years or less to be suspended.     But the National Court said that in this case, "the gravity of the offence given its macroeconomic impact means it is necessary that the five go to prison, in the interest of avoiding impunity." They added that the former executives had not paid a fine owed, and ruled against suspending the sentence.
Paul Merrell

Netanyahu scandals reflect corruption at the heart of Israeli society - Mondoweiss - 0 views

  •       Israeli prime minister Benjamin Netanyahu is in danger of being brought down, possibly soon, over what initially appears to be little more than an imprudent taste for Cuban cigars and pink champagne. In truth, however, the allegations ensnaring Netanyahu reveal far more than his personal flaws or an infatuation with the high life. They shine a rare light on the corrupt nexus between Israel’s business, political and media worlds, compounded by the perverse influence of overseas Jewish money. Of the two police investigations Netanyahu faces (there are more in the wings), the one known as Case 1000, concerning gifts from businessmen worth hundreds of thousands of dollars, is most likely to lead to his downfall. But it is the second investigation, Case 2000, and the still-murky relationship between the two cases, that more fully exposes the rot at the heart of Israel’s political system. This latter case hinges on a tape recording in which Netanyahu plots with an Israeli newspaper tycoon to rig media coverage in his favor. Leads from both cases suggest that Netanyahu may have been further meddling, together with his billionaire friends, in the shadowy world of international espionage.
  • Netanyahu’s appetite for a free lunch has been common knowledge in Israel since his first term as prime minister in the late 1990s. Then, he was twice investigated for fraud, though controversially charges were not brought in either case. Police discovered along the way that he and his wife, Sara, had horded many of the gifts he received during state visits. More than 100 were never recovered. The clarifications that were issued more than 15 years ago, as a result of those investigations, make it hard for Netanyahu to claim now that he did not understand the rules. According to justice ministry advice in 2001, government and state officials cannot keep gifts worth more than $100 without risking violating Israeli law. The gifts Netanyahu received from one of the Israeli businessmen involved in Case 1000, Hollywood film producer Arnon Milchan, amounted to as much as $180,000. Netanyahu has argued that these presents, ranging from cigars to jewelry, were expressions of a close friendship rather than bribes to him in his capacity as prime minister. The problem, however, is that Netanyahu appears to have reciprocated by using his position as head of the Israeli government to lobby John Kerry, the then U.S. secretary of state, to gain Milchan a 10-year U.S. residency visa. He may have done more.
  • Also being investigated are his family’s ties to a friend of Milchan’s, Australian billionaire James Packer, who made his fortune in the media and gambling industries. Packer has similarly lavished gifts on the Netanyahu family, especially Yair, Netanyahu’s eldest son. At the same time, Packer, now a neighbor of the Netanyahus in the coastal town of Caesarea, has been seeking permanent residency and the enormous benefits that would accrue with tax status in Israel. As a non-Jew, Packer should have no hope of being awarded residency. There are suspicions that Netanyahu may have been trying to pull strings on the Australian’s behalf. Many of these gifts were apparently not given freely. The Netanyahus asked for them. Indicating that Netanyahu knew there might be legal concerns, he used code words – “leaves” for cigars and “pinks” for champagne – to disguise his orders to Milchan. Police are reported to be confident, after questioning Netanyahu three times, that they have enough evidence to indict him. If they do, Netanyahu will be under heavy pressure to resign.
  • ...5 more annotations...
  • Yossi Cohen was appointed head of the Mossad a year ago, after a government vetting committee accepted that he had no personal ties to Netanyahu. But Cohen forgot to mention that he is extremely close to Netanyahu’s high-flying friends – connections that are now under investigation. Milchan set up a global security firm in 2008 called Blue Sky International, stuffed with Israeli security veterans. Packer soon became a partner. They developed close ties to Cohen, first while he was a senior official at the Mossad and later when he headed Israel’s national security council. Before Cohen was appointed head of Mossad in December 2015, the pair had hoped to recruit him to their cyber-security operations. Cohen received several gifts from Packer, in violation of Israeli government rules, including a stay at one of his luxury hotels. A source speaking to Haaretz said Blue Sky had “more than [a] direct line” to Netanyahu. They “would pull him out from anywhere, at any time, on any occasion.” According to Haaretz’s military analyst, Amir Oren, the new disclosures raise serious questions about whether Milchan and Packer twisted Netanyahu’s arm to parachute Cohen into the post over the favored candidate. In return, Packer may have been hoping that Cohen would authorise exceptional Israeli residency for him, classifying him as a security asset.
  • From Hollywood to Mossad Cases 1000 and 2000 share at least one figure in common. Milchan gave Netanyahu extravagant gifts over many years, but he is also reported to have acted as go-between, bringing arch-enemies Netanyahu and Mozes together. Milchan has his own financial stake in the media, in his case a holding in the Channel 10 TV station. In addition, Milchan introduced Netanyahu to sympathetic businessmen, including his friend Packer, to discuss taking the ailing Yedioth media group off Mozes’ hands. Only last October he arranged for media mogul Rupert Murdoch’s son, Lachlan, to fly to Israel for one night for a secret meeting with Netanyahu. Milchan is undoubtedly at the centre of the shadowy world of power and finance that corrupts public life in Israel. Not only is Milchan a highly influential Hollywood figure, having produced more than 100 films, but he has admitted that he is a former Mossad agent. He used his Hollywood connections to help make arms deals and secure parts for Israel’s nuclear weapons program. One can only wonder whether Milchan was not effectively set up in his Hollywood career as a cover for his Mossad activities. But Milchan, it seems, is still wielding influence in Israel’s twilight world of security.
  • eyond this, one one can only speculate about how Cohen’s indebtedness to Milchan, Packer and Netanyahu might have influenced his decisions as head of the Mossad. It was only a few years ago that the former Mossad chief, Meir Dagan, was reported to have wrestled furiously with Netanyahu to stop him launching a military strike on Iran. Prosecution drags feet It is unclear for the time being whether the revelations are drawing to a close or will lead deeper into Israel’s twin netherworlds of financial corruption and security. But what has emerged so far should be enough to finish off Netanyahu as prime minister. Whether it does so may depend on the extent of Israel’s compromised legal system. Attorney general Avichai Mendelblit was appointed by Netanyahu and is a political ally. He appears to have been dragging his feet as much as possible to slow down the police investigation, if not sabotage it. But the weight of evidence is looking like it may prove too overwhelming. As political analyst Yossi Verter observed: “There’s no way that a police commissioner … appointed [by Netanyahu] and a cautious attorney general, who in the past was part of his close circle and one of his loyalists, would be putting him through the seven circles of hell if they weren’t convinced that there’s a solid basis for indictment and conviction.” The next question for Netanyahu is whether he will step down if indicted. He should, if Olmert’s example is followed. But his officials are citing a 1993 high court ruling that allows a cabinet minister under indictment to remain in office. Certainly if Netanyahu chooses to stay on, his decision would be appealed to the court again. However, the judges may be reluctant to oust a sitting prime minister. The court of public opinion is likely to be decisive in that regard. A recent poll shows few Israelis believe Netanyahu is innocent of the allegations. Some 54 per cent think he broke the law, while only 28 believe him. Opinion, however, is split evenly on whether he should resign.
  • If past experience is any measure, Netanyahu will try to turn public opinion his way by increasing friction with the Palestinians and exploiting the international arena, especially his relations with the Trump administration. He may be expected to encourage Trump at the very least to posture more stridently against Iran. Nonetheless, most observers assume Netanyahu is doomed – it is simply a matter of when. The odds are on an indictment in late spring, followed by elections in the fall, say Israeli analysts. At this stage, none of his political rivals wants to be seen stabbing Netanyahu in the back. Most are keeping quiet. But behind the scenes, political leaders are hurrying to forge new alliances and extract political concessions while Netanyahu is wounded.
  • Who might succeed Netanyahu? Yair Lapid, of the centre-right Yesh Atid, is heading the polls, but that may in part reflect the disarray in Netanyahu’s Likud party. In a sign of where the deeper currents in Israeli society are leading, a Maariv poll last week showed that settler leader Naftali Bennett would win an election if he were to head the Likud. Netanyahu now needs the help of all the powerful friends he can muster. His biggest ally, U.S. casino magnate Sheldon Adelson, may not be among them. After the revelations that Netanyahu was conspiring against him with Mozes, Adelson has cut back on Israel Hayom’s circulation and is reported to be offering less favorable coverage of the Netanyahus. That could prove the final straw, sealing Netanyahu’s fate.
Paul Merrell

U.S. gives big, secret push to Internet surveillance - CNET - 0 views

  • Senior Obama administration officials have secretly authorized the interception of communications carried on portions of networks operated by AT&T and other Internet service providers, a practice that might otherwise be illegal under federal wiretapping laws. The secret legal authorization from the Justice Department originally applied to a cybersecurity pilot project in which the military monitored defense contractors' Internet links. Since then, however, the program has been expanded by President Obama to cover all critical infrastructure sectors including energy, healthcare, and finance starting June 12. "The Justice Department is helping private companies evade federal wiretap laws," said Marc Rotenberg, executive director of the Electronic Privacy Information Center, which obtained over 1,000 pages of internal government documents and provided them to CNET this week. "Alarm bells should be going off." Those documents show the National Security Agency and the Defense Department were deeply involved in pressing for the secret legal authorization, with NSA director Keith Alexander participating in some of the discussions personally. Despite initial reservations, including from industry participants, Justice Department attorneys eventually signed off on the project.
  • The Justice Department agreed to grant legal immunity to the participating network providers in the form of what participants in the confidential discussions refer to as "2511 letters," a reference to the Wiretap Act codified at 18 USC 2511 in the federal statute books. The Wiretap Act limits the ability of Internet providers to eavesdrop on network traffic except when monitoring is a "necessary incident" to providing the service or it takes place with a user's "lawful consent." An industry representative told CNET the 2511 letters provided legal immunity to the providers by agreeing not to prosecute for criminal violations of the Wiretap Act. It's not clear how many 2511 letters were issued by the Justice Department. In 2011, Deputy Secretary of Defense William Lynn publicly disclosed the existence of the original project, called the DIB Cyber Pilot, which used login banners to inform network users that monitoring was taking place. In May 2012, the pilot was turned into an ongoing program -- broader but still voluntary -- by the name of Joint Cybersecurity Services Pilot, with the Department of Homeland Security becoming involved for the first time. It was renamed again to Enhanced Cybersecurity Services program in January, and is currently being expanded to all types of companies operating critical infrastructure.
  • Another e-mail message from a Justice Department attorney wondered: "Will the program cover all parts of the company network -- including say day care centers (as mentioned as a question in a [deputies committee meeting]) and what are the policy implications of this?" The deputies committee includes the deputy secretary of defense, the deputy director of national intelligence, the deputy attorney general, and the vice chairman of the Joint Chiefs of Staff. "These agencies are clearly seeking authority to receive a large amount of information, including personal information, from private Internet networks," says EPIC staff attorney Amie Stepanovich, who filed a lawsuit against Homeland Security in March 2012 seeking documents relating to the program under the Freedom of Information Act. "If this program was broadly deployed, it would raise serious questions about government cybersecurity practices." In January, the Department of Homeland Security's privacy office published a privacy analysis (PDF) of the program saying that users of the networks of companies participating in the program will see "an electronic login banner [saying] information and data on the network may be monitored or disclosed to third parties, and/or that the network users' communications on the network are not private."
  • ...2 more annotations...
  • Paul Rosenzweig, a former Homeland Security official and founder of Red Branch Consulting, compared the NSA and DOD asking the Justice Department for 2511 letters to the CIA asking the Justice Department for the so-called torture memos a decade ago. (They were written by Justice Department official John Yoo, who reached the controversial conclusion that waterboarding was not torture.) "If you think of it poorly, it's a CYA function," Rosenzweig says. "If you think well of it, it's an effort to secure advance authorization for an action that may not be clearly legal." A report (PDF) published last month by the Congressional Research Service, a non-partisan arm of Congress, says the executive branch likely does not have the legal authority to authorize more widespread monitoring of communications unless Congress rewrites the law. "Such an executive action would contravene current federal laws protecting electronic communications," the report says.
  • An internal Defense Department presentation cites as possible legal authority a classified presidential directive called NSPD 54 that President Bush signed in January 2008. Obama's own executive order , signed in February 2013, says Homeland Security must establish procedures to expand the data-sharing program "to all critical infrastructure sectors" by mid-June. Those are defined as any companies providing services that, if disrupted, would harm national economic security or "national public health or safety."
  •  
    Article is from April 2013, before the Snowden disclosures. 
Paul Merrell

Now the truth emerges: how the US fuelled the rise of Isis in Syria and Iraq | Seumas M... - 0 views

  • The war on terror, that campaign without end launched 14 years ago by George Bush, is tying itself up in ever more grotesque contortions. On Monday the trial in London of a Swedish man, Bherlin Gildo, accused of terrorism in Syria, collapsed after it became clear British intelligence had been arming the same rebel groups the defendant was charged with supporting. The prosecution abandoned the case, apparently to avoid embarrassing the intelligence services. The defence argued that going ahead withthe trial would have been an “affront to justice” when there was plenty of evidence the British state was itself providing “extensive support” to the armed Syrian opposition. That didn’t only include the “non-lethal assistance” boasted of by the government (including body armour and military vehicles), but training, logistical support and the secret supply of “arms on a massive scale”. Reports were cited that MI6 had cooperated with the CIA on a “rat line” of arms transfers from Libyan stockpiles to the Syrian rebels in 2012 after the fall of the Gaddafi regime. Clearly, the absurdity of sending someone to prison for doing what ministers and their security officials were up to themselves became too much. But it’s only the latest of a string of such cases. Less fortunate was a London cab driver Anis Sardar, who was given a life sentence a fortnight earlier for taking part in 2007 in resistance to the occupation of Iraq by US and British forces. Armed opposition to illegal invasion and occupation clearly doesn’t constitute terrorism or murder on most definitions, including the Geneva convention.
  • But terrorism is now squarely in the eye of the beholder. And nowhere is that more so than in the Middle East, where today’s terrorists are tomorrow’s fighters against tyranny – and allies are enemies – often at the bewildering whim of a western policymaker’s conference call.
  • A revealing light on how we got here has now been shone by a recently declassified secret US intelligence report, written in August 2012, which uncannily predicts – and effectively welcomes – the prospect of a “Salafist principality” in eastern Syria and an al-Qaida-controlled Islamic state in Syria and Iraq. In stark contrast to western claims at the time, the Defense Intelligence Agency document identifies al-Qaida in Iraq (which became Isis) and fellow Salafists as the “major forces driving the insurgency in Syria” – and states that “western countries, the Gulf states and Turkey” were supporting the opposition’s efforts to take control of eastern Syria. Raising the “possibility of establishing a declared or undeclared Salafist principality”, the Pentagon report goes on, “this is exactly what the supporting powers to the opposition want, in order to isolate the Syrian regime, which is considered the strategic depth of the Shia expansion (Iraq and Iran)”.
  • ...3 more annotations...
  • Which is pretty well exactly what happened two years later. The report isn’t a policy document. It’s heavily redacted and there are ambiguities in the language. But the implications are clear enough. A year into the Syrian rebellion, the US and its allies weren’t only supporting and arming an opposition they knew to be dominated by extreme sectarian groups; they were prepared to countenance the creation of some sort of “Islamic state” – despite the “grave danger” to Iraq’s unity – as a Sunni buffer to weaken Syria. That doesn’t mean the US created Isis, of course, though some of its Gulf allies certainly played a role in it – as the US vice-president, Joe Biden, acknowledged last year. But there was no al-Qaida in Iraq until the US and Britain invaded. And the US has certainly exploited the existence of Isis against other forces in the region as part of a wider drive to maintain western control.
  • The calculus changed when Isis started beheading westerners and posting atrocities online, and the Gulf states are now backing other groups in the Syrian war, such as the Nusra Front. But this US and western habit of playing with jihadi groups, which then come back to bite them, goes back at least to the 1980s war against the Soviet Union in Afghanistan, which fostered the original al-Qaida under CIA tutelage. It was recalibrated during the occupation of Iraq, when US forces led by General Petraeus sponsored an El Salvador-style dirty war of sectarian death squads to weaken the Iraqi resistance. And it was reprised in 2011 in the Nato-orchestrated war in Libya, where Isis last week took control of Gaddafi’s home town of Sirte. In reality, US and western policy in the conflagration that is now the Middle East is in the classic mould of imperial divide-and-rule. American forces bomb one set of rebels while backing another in Syria, and mount what are effectively joint military operations with Iran against Isis in Iraq while supporting Saudi Arabia’s military campaign against Iranian-backed Houthi forces in Yemen. However confused US policy may often be, a weak, partitioned Iraq and Syria fit such an approach perfectly.
  • What’s clear is that Isis and its monstrosities won’t be defeated by the same powers that brought it to Iraq and Syria in the first place, or whose open and covert war-making has fostered it in the years since. Endless western military interventions in the Middle East have brought only destruction and division. It’s the people of the region who can cure this disease – not those who incubated the virus.
Paul Merrell

Victims File Suit Against CIA Torture Architects for 'Systemic Brutality' | Global Rese... - 0 views

  • The two psychologists credited with creating the brutal, post-9/11 Central Intelligence Agency (CIA) torture regime are being sued by three victims of their program on charges that include “human experimentation” and “war crimes.” The American Civil Liberties Union (ACLU) on Tuesday filed the suit against CIA contractors James Mitchell and Bruce Jessen, on behalf of torture survivors Suleiman Abdullah Salim and Mohamed Ahmed Ben Soud, as well as the family of Gul Rahman, who died of hypothermia in his cell as result of the torture he endured. The suit, which is the first to rely on the findings of the Senate Intelligence Committee report on CIA torture, charges Mitchell and Jessen under the Alien Tort Statute for “their commission of torture, cruel, inhuman, and degrading treatment; non-consensual human experimentation; and war crimes,” all of which violate international law. The pair, both former U.S. military psychologists, earned more than $80 million for “designing, implementing, and personally administering” the program, which employed “a pseudo-scientific theory of countering resistance that justified the use of torture,” that was based on studies in which researchers “taught dogs ‘helplessness’ by subjecting them to uncontrollable pain,” according to the suit.
  • “These psychologists devised and supervised an experiment to degrade human beings and break their bodies and minds,” said Dror Ladin, a staff attorney with the ACLU National Security Project. “It was cruel and unethical, and it violated a prohibition against human experimentation that has been in place since World War II.” In a lengthy report, the ACLU describes each plaintiff’s journey.
  • According to the report, the torture regime designed and implemented by Mitchell and Jessen “ensnared at least 119 men, and killed at least one—a man named Gul Rahman who died in November 2002 of hypothermia after being tortured and left half naked, chained to the wall of a freezing-cold cell.” Gul’s family has never been formally notified of his death, nor has his body been returned to them for a dignified burial, the ACLU states. Further, no one has been held accountable for his murder. But the report notes, “An unnamed CIA officer who was trained by Jessen and who tortured Rahman up until the day before he was found dead, however, later received a $2,500 bonus for ‘consistently superior work.’” The ACLU charges that the theories devised by Mitchell and Jessen and employed by the CIA, “had never been scientifically tested because such trials would violate human experimentation bans established after Nazi experiments and atrocities during World War II.” Yet, they were the basis of “some of the worst systematic brutality ever inflicted on detainees in modern American history.” Despite last year’s release of the Senate Torture Report, the government has prosecuted only a handful of low-level soldiers and one CIA contractor for prisoner abuse. Meanwhile, the architects of the CIA’s torture program, which include Mitchell and Jessen, have escaped any form of accountability.
Joseph Skues

Restore America Plan | - 0 views

  • the de jure institutions of lawful government.
  • Terminate illicit corporations posing as legitimate governments
  • (corp. ref. 28 U.S.C. 3002
  • ...24 more annotations...
  • Terminate all presumed powers of attorney
  • (for borrowing against one’s own credit).
  • I.R.S. (former Puerto Rico Bureau of Taxation).
  • End street assaults
  • for failing to exhibit a State-issued confession
  • of subject-class citizenship.
  • End admiralty prosecutions
  • “commercial crimes” against the corporate State
  • ref. 27 C.F.R. 72.11).
  • corporations posing as the state
  • which confess the signer to be a legal fiction subject of the United States Federal Corporation (“U.S. person”
  • thereby transferring control to incorporated County registrars and tax assessors.
  • whereby incorporated “courts” presume the “right” to trespass on families and kidnap children.
  • Restore the People’s money and wealth from the banking institutions,
  • end all non-consensual and unlawful taxation
  • sacred rights of labor and privacy.
  • to enforce the Peoples’ divine rights of birth.
  • Reabsorb all de facto actors into lawful de jure capacity.
  • district court of the United States
  • Restore the de jure judicial institutions
  • ncluding
  • without provoking alarm, controversy or armed conflict.
  • Quietly mirror the strategies of 1933
  • behind the scenes, without public proclamations or provocative actions
Paul Merrell

Things Barack Obama Doesn't Consider "Abuse" | emptywheel - 0 views

  • President Obama will shortly give a speech in which he’ll make cosmetic changes to the NSA dragnet, but will continue, in many ways, the accessing of personal data from Americans with no probable cause. As part of his cosmetic effort, he will also say there has been no evidence of abuse in these programs. That means he does not consider any of the following abuse: The NSA spied on the porn and phone sex habits of ideological opponents, including those with no significant ties to extremists, and including a US person.
  • According to the NSA in 2009, it had a program similar to Project Minaret — the tracking of anti-war opponents in the 1970s — in which it spied on people in the US in the guise of counterterrorism without approval. We still don’t have details of this abuse. When the NSA got FISC approval for the Internet (2004) and phone (2006) dragnets, NSA did not turn off features of Bush’s illegal program that did not comply with the FISC authorization. These abuses continued until 2009 (one of them, the collection of Internet metadata that qualified as content, continued even after 2004 identification of those abuses). Even after the FISC spent 9 months reining in some of this abuse, the NSA continued to ignore limits on disseminating US person data. Similarly, the NSA and FBI never complied with PATRIOT Act requirements to develop minimization procedures for the Section 215 program (in part, probably, because NSA’s role in the phone dragnet would violate any compliant minimization procedures).
  • The NSA has twice — in 2009 and 2011 — admitted to collecting US person content in the United States in bulk after having done so for years. It tried to claim (and still claims publicly in spite of legal rulings to the contrary) this US person content did not count as intentionally-collected US person content (FISC disagreed both times), and has succeeded in continuing some of it by refusing to count it, so it can claim it doesn’t know it is happening. As recently as spring 2012, 9% of the NSA’s violations involved analysts breaking standard operating procedures they know. NSA doesn’t report these as willful violations, however, because they’ve deemed any rule-breaking in pursuit of “the mission” not to be willful violations. In 2008, Congress passed a law allowing bulk collection of foreign-targeted content in the US, Section 702, to end the NSA’s practice of stealing Internet company data from telecom cables. Yet in spite of having a legal way to acquire such data, the NSA (through GCHQ) continues to steal data from some of the same companies, this time overseas, from their own cables. Arguably this is a violation of Section 702 of FISA.
  • ...1 more annotation...
  • NSA may intentionally collect US person content (including Internet metadata that legally qualifies as content) overseas (it won’t count this data, so we don’t know how systematic it is). If it does, it may be a violation of Section 703 of FISA. Rather than discussing any of these violations, the NSA has waved around a few cases of LOVEINT (most, if not all, of which have not been prosecuted) as part of a successful ploy to distract from much more systemic abuses of its authority, affecting far more Americans. But there has been abuse, even beyond practices (like back door searches) that gut the Fourth Amendment or (like NSA’s approach to encryption) that hurt Americans’ security. President Obama will spend a lot of time saying there have been no abuses. He’s wrong.
  •  
    One I had missed before, Marcy Wheeler's missive just before Obama delivered his speech on the NSA in January 2014, announcing his proposed "reforms."
Paul Merrell

CIA Torture Report: Oversight, But No Remedies Yet - 0 views

  • The release of the executive summary of the Senate Intelligence Committee report on CIA’s post-9/11 interrogation program is, among other things, an epic act of record preservation. Numerous CIA records that might not have been disclosed for decades, or ever, were rescued from oblivion by the Senate report and are now indelibly cited and quoted, even if many of them are not yet released in full. That’s not a small thing, since the history of the CIA interrogation program was not a story that the Agency was motivated or equipped to tell. “The CIA informed the Committee that due to CIA record retention policies, the CIA could not produce all CIA email communications requested by the Committee,” the report noted, explaining that the desired information was sometimes recovered from a reply message when the original email was missing. Agency emails turned out to be a critical source of information, a fact that illuminates the Committee’s sharp response recently to the (now suspended) CIA proposal to the National Archives (NARA) to destroy most Agency emails of non-senior officials.
  • Thus, the gruesome record of the waterboarding of al Qaeda operative Abu Zubaydah “was referenced in emails, but was not documented or otherwise noted in CIA cables.” (This is at odds with NARA’s initial view that “It is unlikely that permanent records will be found in these email accounts that is not filed in other appropriate files.”) The Committee report is also a remarkable demonstration of the congressional oversight function that is all the more impressive because it was performed in adverse, unfavorable conditions. It is striking to see how the CIA sometimes treated the Senate Intelligence Committee, its leadership and its staff with the same disdain and evasiveness that is often perceived by FOIA requesters and other members of the public. Committee questions were ignored, inaccurate information was provided, and the oversight process was gamed.
  • “Internal CIA emails include discussion of how the CIA could ‘get… off the hook on the cheap’ regarding [then-Committee] Chairman [Bob] Graham’s requests for additional information…. In the end, CIA officials simply did not respond to Graham’s requests prior to his departure from the Committee in January 2003,” the report said. “I am deeply disturbed by the implications of the study for the committee’s ability to discharge its oversight responsibility,” wrote Sen. Angus King (I-Maine) in his additional remarks. “Because it appears from the study that the committee was continuously misled as to virtually all aspects of this program, it naturally raises the extremely troubling question as to whether we can trust the representations of the agency in connection with difficult or sensitive issues in the future.” But minority members of the Committee disputed this characterization: “In reality, the overall pattern of engagement with the Congress shows that the CIA attempted to keep the Congress informed of its activities,” they wrote in their extensive dissenting views. Perhaps the most important achievement of the Committee report was to document and memorialize the fact that agents of the US Government practiced torture. Not “harsh measures” or “enhanced techniques,” but torture.
  • ...2 more annotations...
  • Senator Susan Collins (R-Maine), who criticized what she said were methodological flaws in the Committee report, said in her additional views that “Despite these significant flaws, the report’s findings lead me to conclude that some detainees were subject to techniques that constituted torture. This inhumane and brutal treatment never should have occurred.” By the same token, the most important omission from the report is the absence of any discussion of remedies. Now that it is firmly established that “we tortured some folks,” as President Obama awkwardly put it, the question is what to do about it. Confession without atonement is incomplete. Prosecution seems problematic for a number of reasons, including the difficulty of localizing responsibility, when it is entire institutions and not just particular officials that failed. A different approach to the problem would start by considering the individuals who suffered abuse at the hands of the U.S. government, including a number of persons who were detained in error. Congress could now ask how some of them (i.e. those who are still alive) could be compensated in some measure for what was wrongly done to them.
  • Several previous efforts to seek remedies for torture were deflected by use of the state secrets privilege. In light of the detailed findings of the Senate Intelligence Committee report, that sort of evasion should be harder to sustain. Congress could accelerate a resolution of the problem with a focused investigation of what potential remedies are now feasible and appropriate.
Paul Merrell

War court judge orders Pentagon to replace USS Cole trial overseer | Miami Herald Miami... - 0 views

  • The military judge presiding at the USS Cole death-penalty trial ordered the Pentagon to replace the senior official and his staff overseeing the war-court process, ruling a since-revoked requirement for judges to live at Guantánamo until a trial is over appeared to be unlawful meddling.Air Force Col. Vance Spath, the judge, issued the ruling in court Monday following a week of hearings that showed behind-the-scenes planning at the Pentagon on how to perhaps replace military judges and speed along the pretrial process.Prosecutors defended the planning by the legal staff of the so-called convening authority for military commissions, retired Marine Maj. Gen. Vaughn Ary, as routine brainstorming on resourcing of the war court.Defense lawyers called the move-in order illegal, a crime in military justice called “unlawful command influence,” that was designed to unfairly rush the death-penalty trial of Saudi captive Abd al Rahim al Nashiri, 50, as the alleged mastermind the USS Cole bombing.
  • They wanted the judge to dismiss the case. But while Spath was still taking evidence, Deputy Secretary of Defense Robert O. Work quickly revoked the controversial order — meaning judges hearing war-crimes cases now may keep their prestigious regular duties and simultaneously preside at Guantánamo military commissions cases.Spath, in court Monday, called dismissal “not appropriate” in this instance. Instead, he disqualified Ary and four lawyers who worked on the move-in requirement: retired Army Col. Mark Toole, Army Reserves Lt. Col. Alyssa Adams, Navy Reserve Cmdr. Raghav Kotval, and Army Capt. Matthew Rich.He ordered the Pentagon to replace them in the USS Cole case — meaning a new convening authority would fund and assign Nashiri’s legal-team resources and pick the pool of military officers for his eventual jury.
  • Spath also cut an upcoming two-week pretrial hearing at Guantánamo back to just one week, he said, to demonstrate “this detailed trial judge feels no pressure to accelerate the pace of this litigation.”
  • ...3 more annotations...
  • Monday, Spath bristled at the notion that pretrial hearings could be accelerated.“This is a complicated international terrorism case under a relatively new statutory scheme with an unprecedented amount of classified evidence,” he said.In last week’s hearings, Nashiri’s attorneys uncovered a plan to relieve Spath of his Guantánamo cases and leave him in his full-time duties as chief of the Air Force Judiciary — a behind-the-scenes development that Spath said was particularly troubling.Ary had staff crunch costs of conducting commuter hearings here at remote Camp Justice — flights, translators, etc. — and figured that 34 days of hearings in 2014 cost $2,294,117 million for each day the court was open. That works out to $458,823 an hour on mostly tangential pretrial issues — or $7,647 a minute. Staff also tallied how many hours each judge spent on the bench at Guantánamo.
  • Three judges are hearing three terror cases: ▪ Army Col. James L. Pohl, presiding in the Sept. 11 capital murder conspiracy trial of Khalid Sheik Mohammed and four alleged accomplices. He ruled without taking testimony last week that there was an appearance of unlawful interference. He had halted proceedings and threatened more action until the Pentagon revoked the move-in order.▪ Judge Spath in the USS Cole case, who said Monday that Work’s revocation of the relocation rule was not a sufficient remedy. He said the attempted effort of unlawful influence appeared to “cast a cloud” over the independence of the judiciary but did not succeed because he would allow no one to rush him. Ary’s role, he ruled, is to resource the judiciary — “most certainly not an entity that sets the pace of litigation.”▪ The non-capital prosecution of Abd al Hadi al Iraqi, who is accused of commanding al-Qaida forces that allegedly committed war crimes while resisting the 2001 U.S. invasion in Afghanistan. Hadi’s judge, Navy Capt. J.K. Waits, has listed the unlawful-influence question, and whether to dismiss the case, as first up on the docket of his next hearing, March 23.
  • Hadi’s lawyers were watching Spath’s decision to see what, if any, remedy they would seek from their Navy judge who is based in Naples, Italy, and commutes to Cuba to preside in the case.It was disclosed over the weekend that Waits has lifted an order on the prison forbidding female troops from touching Hadi, a development that, like the move-in order, had stirred controversy.Spath’s move rejecting a “convening authority” has precedent in the war court that President George W. Bush built and President Barack Obama reformed.In 2008, before the reforms, a Navy judge in the case of Osama bin Laden’s driver disqualified the then-military commissions legal adviser, Air Force Brig. Gen. Thomas W. Hartmann, as not being fair and balanced. The legal adviser in that version of the war court had some of the duties of the current convening authority.
‹ Previous 21 - 40 of 45 Next ›
Showing 20 items per page