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Paul Merrell

Obama administration had restrictions on NSA reversed in 2011 - The Washington Post - 0 views

  • The Obama administration secretly won permission from a surveillance court in 2011 to reverse restrictions on the National Security Agency’s use of intercepted phone calls and e-mails, permitting the agency to search deliberately for Americans’ communications in its massive databases, according to interviews with government officials and recently declassified material. In addition, the court extended the length of time that the NSA is allowed to retain intercepted U.S. communications from five years to six years — and more under special circumstances, according to the documents, which include a recently released 2011 opinion by U.S. District Judge John D. Bates, then chief judge of the Foreign Intelligence Surveillance Court.
  • What had not been previously acknowledged is that the court in 2008 imposed an explicit ban — at the government’s request — on those kinds of searches, that officials in 2011 got the court to lift the bar and that the search authority has been used. Together the permission to search and to keep data longer expanded the NSA’s authority in significant ways without public debate or any specific authority from Congress. The administration’s assurances rely on legalistic definitions of the term “target” that can be at odds with ordinary English usage. The enlarged authority is part of a fundamental shift in the government’s approach to surveillance: collecting first, and protecting Americans’ privacy later.
  • “The government says, ‘We’re not targeting U.S. persons,’ ” said Gregory T. Nojeim, senior counsel at the Center for Democracy and Technology. “But then they never say, ‘We turn around and deliberately search for Americans’ records in what we took from the wire.’ That, to me, is not so different from targeting Americans at the outset.”
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  • The court decision allowed the NSA “to query the vast majority” of its e-mail and phone call databases using the e-mail addresses and phone numbers of Americans and legal residents without a warrant, according to Bates’s opinion. The queries must be “reasonably likely to yield foreign intelligence information.” And the results are subject to the NSA’s privacy rules.
  • But in 2011, to more rapidly and effectively identify relevant foreign intelligence communications, “we did ask the court” to lift the ban, ODNI general counsel Robert S. Litt said in an interview. “We wanted to be able to do it,” he said, referring to the searching of Americans’ communications without a warrant.
  • But — and this was the nub of the criticism — a warrant for each target would no longer be required. That means that communications with Americans could be picked up without a court first determining that there is probable cause that the people they were talking to were terrorists, spies or “foreign powers.”That is why it is important to require a warrant before searching for Americans’ data, Udall said. “Our founders laid out a roadmap where Americans’ privacy rights are protected before their communications are seized or searched — not after the fact,” he said in a statement to The Post.
  • The [surveillance] Court documents declassified recently show that in late 2011 the court authorized the NSA to conduct warrantless searches of individual Americans’ communications using an authority intended to target only foreigners,” Wyden said in a statement to The Washington Post. “Our intelligence agencies need the authority to target the communications of foreigners, but for government agencies to deliberately read the e-mails or listen to the phone calls of individual Americans, the Constitution requires a warrant.”
  • Senior administration officials disagree. “If we’re validly targeting foreigners and we happen to collect communications of Americans, we don’t have to close our eyes to that,” Litt said. “I’m not aware of other situations where once we have lawfully collected information, we have to go back and get a warrant to look at the information we’ve already collected.” The searches take place under a surveillance program Congress authorized in 2008 under Section 702 of the Foreign Intelligence Surveillance Act. Under that law, the target must be a foreigner “reasonably believed” to be outside the United States, and the court must approve the targeting procedures in an order good for one year.
  • The court’s expansion of authority went largely unnoticed when the opinion was released, but it formed the basis for cryptic warnings last year by a pair of Democratic senators, Ron Wyden (Ore.) and Mark Udall (Colo.), that the administration had a “back-door search loophole” that enabled the NSA to scour intercepted communications for those of Americans. They introduced legislation to require a warrant, but they were barred by classification rules from disclosing the court’s authorization or whether the NSA was already conducting such searches.
  • The NSA intercepts more than 250 million Internet communications each year under Section 702. Ninety-one percent are from U.S. Internet companies such as Google and Yahoo. The rest come from “upstream” companies that route Internet traffic to, from and within the United States. The expanded search authority applies only to the downstream collection.
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    An important article I missed, from last September. Searching the content of American citizens' calls and emails without a search warrant. Straight-up violation of the Fourth and Fifth amendments (warrantless search and deprivation of due process).  And directly contrary to what Obama, Clapper, and Alexander told the public over and over again.
Paul Merrell

The Only Thing We Have to Fear Is -- The CIA | War Is A Crime .org - 0 views

  • Fifty years ago, exactly one month after John Kennedy was killed, the Washington Post published an op-ed titled “Limit CIA Role to Intelligence.” The first sentence of that op-ed on Dec. 22, 1963, read, “I think it has become necessary to take another look at the purpose and operations of our Central Intelligence Agency.” It sounded like the intro to a bleat from some liberal professor or journalist. Not so. The writer was former President Harry S. Truman, who spearheaded the establishment of the CIA 66 years ago, right after World War II, to better coordinate U.S. intelligence gathering. But the spy agency had lurched off in what Truman thought were troubling directions.
  • Is this why the President feels he cannot fire his clumsily devious Director of National Intelligence James Clapper, who had to apologize to Congress for giving “clearly erroneous” testimony in March? Is this why he allows National Security Agency Director Keith Alexander and counterparts in the FBI to continue to mislead the American people, even though the intermittent snow showers from Snowden show our senior national security officials to have lied — and to have been out of control? This may be small solace to President Obama, but there is no sign that the NSA documents that Snowden’s has released include the Senate Intelligence Committee’s 6,300-page report on CIA torture. Rather, that report, at least, seems sure to be under Obama’s and Senate Intelligence Committee chair Dianne Feinstein’s tight control.
  • But Kennedy stuck to his guns, so to speak. He fired Dulles and his co-conspirators a few months after the abortive invasion, and told a friend that he wanted to “splinter the CIA into a thousand pieces and scatter it into the winds.” The outrage was very obviously mutual.
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  • Truman concluded the op-ed with an admonition that was as clear as the syntax was clumsy: “I would like to see the CIA restored to its original assignment as the intelligence arm of the President, and that whatever else it can properly perform in that special field – and that its operational duties be terminated or properly used elsewhere.” The importance and prescient nature of that admonition are even clearer today, a half-century later.
  • After Kennedy was murdered in Dallas, the patrician, well-connected Dulles got himself appointed to the Warren Commission and took the lead in shaping the investigation of JFK’s assassination. Documents in the Truman Library show that Dulles also mounted a small domestic covert action of his own to neutralize any future airing of Truman’s and Souers’s warnings about covert action.
  • As the de facto head of the Warren Commission, Dulles was perfectly positioned to protect himself and his associates, were any commissioners or investigators — or journalists — tempted to question whether Dulles and the CIA played a role in killing Kennedy. And so, the question: Did Allen Dulles and other “cloak-and-dagger” CIA operatives have a hand in John Kennedy’s assassination and in then covering it up? In my view, the best dissection of the evidence pertaining to the murder appeared in James Douglass’s 2008 book, JFK and the Unspeakable. After updating and arraying the abundant evidence, and conducting still more interviews, Douglass concludes that the answer is Yes.
  • The mainstream media had an allergic reaction to Douglass’s book and gave it almost no reviews. It is, nevertheless, still selling well. And, more important, it seems a safe bet that President Barack Obama knows what it says and maybe has even read it. This may go some way toward explaining why Obama has been so deferential to the CIA, NSA, FBI and the Pentagon. Could this be at least part of the reason he felt he had to leave the Cheney/Bush-anointed torturers, kidnappers and black-prison wardens in place, instructing his first CIA chief Leon Panetta to become, in effect, the agency’s lawyer rather than leader.
  • Sadly, those concerns that Truman expressed in that op-ed — that he had inadvertently helped create a Frankenstein monster — are as valid today as they were 50 years ago, if not more so.
  • But the timorous President has a big problem. He is acutely aware that, if released, the Senate committee report would create a firestorm – almost certainly implicating Obama’s CIA Director John Brennan and many other heavy-hitters of whom he appears to be afraid. And so Obama has allowed Brennan to play bureaucratic games, delaying release of the report for more than a year, even though its conclusions are said to closely resemble earlier findings of the CIA’s own Inspector General and the Constitution Project (see below).
  • Hat tip to the New Yorker’s Jane Mayer, who took the trouble to read the play-by-play of testimony to the Senate Intelligence Committee by former CIA General Counsel (2009-2013) Stephen W. Preston, nominated (and now confirmed) to be general counsel at the Department of Defense. Under questioning by Sen. Mark Udall, D-Colorado, Preston admitted outright that, contrary to the CIA’s insistence that it did not actively impede congressional oversight of its detention and interrogation program, “briefings to the committee included inaccurate information related to aspects of the program of express interest to Members.”
  • That “inaccurate information” apparently is thoroughly documented in the Senate Intelligence Committee report which, largely because of the CIA’s imaginative foot-dragging, cost taxpayers $40 million. Udall has revealed that the report (which includes 35,000 footnotes) contains a very long section titled “C.I.A. Representations on the C.I.A. Interrogation Program and the Effectiveness of the C.I.A.’s Enhanced Interrogation Techniques to Congress.” Preston also acknowledged that the CIA inadequately informed the Justice Department on interrogation and detention. He said, “CIA’s efforts fell well short of our current practices when it comes to providing information relevant to [the Office of Legal Counsel]’s legal analysis.”
  • As Katherine Hawkins, the senior investigator for last April’s bipartisan, independent report by the Constitution Project’s Task Force on Detainee Treatment, noted in an Oct. 18, 2013 posting, the memos from acting OLC chief, Steven Bradbury, relied very heavily on now-discredited CIA claims that “enhanced interrogation” saved lives, and that the sessions were carefully monitored by medical and psychological personnel to ensure that detainees’ suffering would not rise to the level of torture. According to Hawkins, Udall complained – and Preston admitted – that, in providing the materials requested by the committee, “the CIA removed several thousand CIA documents that the agency thought could be subjected to executive privilege claims by the President, without any decision by Obama to invoke the privilege.”
  • Worse still for the CIA, the Senate Intelligence Committee report apparently destroys the agency’s argument justifying torture on the grounds that there was no other way to acquire the needed information save through brutalization. In his answers to Udall, Preston concedes that, contrary to what the agency has argued, it can and has been established that legal methods of interrogation would have yielded the same intelligence. Is anyone still wondering why our timid President is likely to sit on the Senate Intelligence Committee report for as long as he can? Or why he will let John Brennan redact it to a fare-thee-well, if he is eventually forced to release some of it by pressure from folks who care about things like torture?
  • It does appear that the newly taciturn CIA Director Brennan has inordinate influence over the President in such matters – not unlike the influence that both DNI Clapper and NSA Director Alexander seem able to exert. In this respect, Brennan joins the dubious company of the majority of his predecessor CIA directors, as they made abundantly clear when they went to inordinate lengths to prevent their torturer colleagues from being held accountable. (Also, see “CIA Torturers Running Scared,” Sept. 20, 2009; or “Are Presidents Afraid of the CIA?” Dec. 29, 2009)
Paul Merrell

DOJ to disclose memo justifying drone strikes on Americans, easing Senate vote on autho... - 0 views

  • In a bid to clear the way for a controversial Senate nominee, the Obama administration signaled it will publicly reveal a secret memo explaining its legal justification for using drones to kill American citizens overseas.  The Justice Department, officials say, has decided not to appeal a Court of Appeals ruling requiring disclosure of a redacted version of the memo under the Freedom of Information Act. ADVERTISEMENTADVERTISEMENT The decision to release the documents comes as the Senate is to vote Wednesday on advancing President Obama's nomination of the memo's author, Harvard professor and former Justice Department official David Barron, to sit on the 1st U.S. Circuit Court of Appeals in Boston. 
  • Sen. Rand Paul, R-Ky., has vowed to fight Barron's confirmation, and some Democratic senators had called for the memo's public release before a final vote. Paul reiterated his opposition on Wednesday.  "I cannot support and will not support a lifetime appointment of anyone who believes it's OK to kill an American citizen not involved in combat without a trial," Paul said in the Senate.  But a key Democratic holdout against Barron's nomination, Sen. Mark Udall D-Colo., announced Tuesday night he will now support Barron because the memo is being released. "This is a welcome development for government transparency and affirms that although the government does have the right to keep national security secrets, it does not get to have secret law," Udall said in a statement.  Sen. Ron Wyden, D-Ore., had also been pushing for public disclosure of Barron's writings and was one of several Democrats who had been refusing to say whether he'd vote for confirmation without it. "That's certainly very constructive," Wyden said when told of the decision not to appeal.
  • Wednesday's expected procedural vote would allow the Senate to move ahead with a final vote on Barron on Thursday. "I think we'll be OK," Senate Majority Leader Harry Reid, D-Nev., said earlier Tuesday. Anwar al-Awlaki, an Al Qaeda leader born in the United States, was killed after being targeted by a drone strike in Yemen in September 2011. Some legal scholars and human rights activists complained that it was illegal for the U.S. to kill American citizens away from the battlefield without a trial. The White House had agreed under the pressure to show senators unredacted copies of all written legal advice written by Barron regarding the potential use of lethal force against U.S. citizens in counterterrorism operations. Until now, the administration has fought in court to keep the writings from public view. But administration officials said that Solicitor General Donald Verrilli Jr. decided this week not appeal an April 21 ruling requiring disclosure by the 2nd U.S. Circuit Court of Appeals in New York and that Attorney General Eric Holder concurred with his opinion.
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  • The release could take some time, since the redactions are subject to court approval. And the administration also is insisting that a classified ruling on the case also be redacted to protect information classified for national security, but not the legal reasoning, one of the officials said. The drone strike that killed al-Awlaki also killed another U.S. citizen, Samir Khan, an Al Qaeda propagandist. Al-Awlaki's 16-year-old son, Abdulrahman, was killed the following month in another drone attack. The American Civil Liberties Union and two reporters for The New York Times, Charlie Savage and Scott Shane, filed a FOIA suit. In January 2013, U.S. District Court Judge Colleen McMahon ruled that she had no authority to order the documents disclosed, although she chided the Obama administration for refusing to release them. But a three-judge appeals court panel noted that after McMahon ruled, senior government officials spoke about the subject. The panel rejected the government's claim that the court could not consider official disclosures made after McMahon's ruling, including a 16-page Justice Department white paper on the subject and public comments by Obama in May in which he acknowledged his role in the al-Awlaki killing, saying he had "authorized the strike that took him out."
  • The ACLU urged senators in a letter Tuesday not to move forward on the confirmation vote until they have a chance to see any Barron memos on the administration's drone program, not just those involving U.S. citizens. Paul issued a statement Tuesday saying he still opposes Barron's nomination. "I rise today to say that there is no legal precedent for killing American citizens not directly involved in combat and that any nominee who rubber stamps and grants such power to a president is not worthy of being placed one step away from the Supreme Court," Paul said in remarks prepared for delivery on the Senate floor Wednesday provided by his office.
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    But still they push ahead, with a plan for a final vote on Barron's nomination Thursday, before the public gets to see the memos [plural].
Paul Merrell

Inside the Ring: Directive outlines Obama's plan to use the military against citizens -... - 0 views

  • A 2010 Pentagon directive on military support to civilian authorities details what critics say is a troubling policy that envisions the Obama administration’s potential use of military force against Americans.
  • The troubling aspect of the directive outlines presidential authority for the use of military arms and forces, including unarmed drones, in operations against domestic unrest.“This appears to be the latest step in the administration’s decision to use force within the United States against its citizens,” said a defense official opposed to the directive.Directive No. 3025.18, “Defense Support of Civil Authorities,” was issued Dec. 29, 2010, and states that U.S. commanders “are provided emergency authority under this directive.”
  • The directive was signed by then-Deputy Defense Secretary William J. Lynn. A copy can be found on the Pentagon website: http://www.dtic.mil/whs/directives/corres/pdf/302518p.pdf.
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  • Defense analysts say there has been a buildup of military units within non-security-related federal agencies, notably the creation of Special Weapons and Tactics (SWAT) teams. The buildup has raised questions about whether the Obama administration is undermining civil liberties under the guise of counterterrorism and counternarcotics efforts.Other agencies with SWAT teams reportedly include the Department of Agriculture, the Railroad Retirement Board, the Tennessee Valley Authority, the Office of Personnel Management, the Consumer Product Safety Commission, the U.S. Fish and Wildlife Service and the Education Department.The militarization of federal agencies, under little-known statues that permit deputization of security officials, comes as the White House has launched verbal attacks on private citizens’ ownership of firearms despite the fact that most gun owners are law-abiding citizens.A White House National Security Council spokeswoman declined to comment.
Paul Merrell

"Top secret" Shin Bet memo suggested dead Arafat would benefit Israel | The Electronic ... - 0 views

  • A “top secret” Israeli intelligence memo from 2000 concluded that the “disappearance” of Palestinian leader Yasser Arafat would be beneficial to Israel. The memo, revealed in a book to be published this week by British-Israeli political scientist Ahron Bregman, adds evidence to support the thesis that Arafat, who died in November 2004 in a French military hospital, was assassinated. The Electronic Intifada obtained an advance copy of Bregman’s book, Cursed Victory: A History of Israel and the Occupied Territories (Penguin).
  • Bregman himself is circumspect about whether Israel had a hand in Arafat’s death, but sees a number of clues, including public statements by then Prime Minister Ariel Sharon that Israel wanted him dead and was prepared to kill him. Yet Bregman finds a “clear indication that the Israelis did intend to kill Arafat” in a “Top Secret” document dated 15 October 2000 – a few months before Sharon came to power and a few weeks into the second Palestinian uprising – from the Shabak, Israel’s General Security Service (also known as Shin Bet).
  • Bregman then describes the document’s reasoning and conclusions: After going through “why Arafat is necessary,” and then “why Arafat is not necessary,” the document says that “the damage [Arafat] causes is bigger than his benefits….” And the subsequent conclusion is straightforward: “7. Arafat, the person, is a serious threat to the security of the state. His disappearance outweighs the benefits of his continuing existence.” And yet, even this Shabak “Top Secret” report does not provide us with enough evidence of assassination and we will probably have to wait for more information to ascertain what really killed Arafat.
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  • Al Jazeera English investigative reporting since 2012 has revealed that Arafat’s personal effects contained high levels of the radioactive element polonium. Independent Swiss scientists later conducted tests on Arafat’s exhumed remains and concluded there was “moderate” support for the theory that Yasser Arafat was poisoned. While separate French and Russian scientific reports, also based on samples of Arafat’s remains, cast doubt on the conclusions by the Swiss radiation scientists at the Radiophysics Institute in Lausanne, the Swiss have hit back explaining why the French conclusions were flawed.
  • The French and Russian reports – unlike the Swiss findings – were never made public, but the Swiss scientists obtained copies and have explained, in an article in the Swiss magazine Le Temps last month, why the French and Russian test results actually support their conclusions. All three reports found high levels of polonium-210 in Arafat’s body. “Not only were the levels of polonium of the same order” in all three reports, Le Temps says, “but the scientists also noted similar differences” among the samples from different parts of Arafat’s remains. The key difference was not therefore in the test results, but in the interpretation.
  • The French concluded that the high level of the radioactive element was caused by radon, a naturally occurring element in the environment, but had not taken any measurements from the surrounding area to support this thesis. According to the Swiss, the French conclusion amounts to speculation. The more thorough Swiss, by contrast, did take samples from the surrounding area. Le Temps reports: “The Swiss anticipated the possible interference of radon. In their report they demolish the hypothesis. Not only was the level of radon in the sealed tomb very weak, but the soil situated under [Arafat’s] abdominal cavity, and therefore in contact with the body, was 17 times more ‘contaminated’ than soil situated far from the body.”
  • The presence of radon, which would be the same throughout the area, could not possibly explain such concentrations. While the Swiss findings look stronger than ever, the debate continues. Bregman’s revelations add a new, albeit circumstantial element, showing that Israeli intelligence, which has assassinated many Palestinian leaders, saw a rationale for eliminating Arafat as well.
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    For those who support secret violence by governments, may the fleas of a thousand camels infest your armpits for the remainder of your lives.  
Paul Merrell

Secrets about suspected Israeli theft of U.S. weapons-grade nuclear material ... - 0 views

  • On March 18, 2014 ISCAP, the highest declassification authority in the U.S., released 84 pages (PDF) of formerly secret information about investigations into the illegal diversion of weapons-grade nuclear material from a Pennsylvania plant into the clandestine Israeli nuclear weapons program.  Files now available to the public from IRmep's ISCAP process include: 4/2/1968 Letter from the Director of the CIA alerting the Attorney General (PDF) about a huge loss of material from Pennsylvania's Nuclear Materials and Equipment Corporation (NUMEC). "It is critical for us to establish whether or not the Israelis now have the capability for fabricating nuclear weapons which might be employed in the Near East." 03/09/1972 FBI memorandum (PDF) "On the basis of the foregoing it must be assumed for the purpose of U.S. national security that diversion of special nuclear materials to Israel by Dr. [Zalman] Shapiro and his [NUMEC] associates is a distinct possibility." 07/28/1977 Notes of a briefing from CIA's Associate Deputy Director for Operations Theodore Shackley to the Carter administration National Security Council  (PDF) "I also asked Shackley to get us a rundown on the political aspects—e.g. when were the President and Congressional officials briefed on the Israeli weapons program, on the NUMEC connection, and what were their reactions.  In December, Carter was briefed on the NUMEC problem as President-elect by Bush in Georgia...I do not think the President has plausible deniability.  The CIA case is persuasive..."
  • 08/02/1977 Memo to Carter from Zbigniew Brzezinski "So far as we know however, (and we have made serious effort to discover it) there is nothing to indicate active CIA participation in the alleged theft...There is a tremendous amount of interest in this issue in Congress...We face tough sledding in the next few weeks in trying to keep attention focused on ERDA's technical [overall U.S. nuclear material loss] arguments..on the FBI investigations, and away from the CIA's information." All released CIA evidence and former Tel Aviv Station Chief John Hadden suggest the severely undercapitalized NUMEC was "an Israeli [smuggling] operation from the beginning." Multiple health-related lawsuits have been filed targeting companies that later assumed NUMEC ownership. The U.S. Army Corps of Engineers currently estimates its toxic cleanup of NUMEC will cost $500 million.  No damage claims have yet been filed against the Israeli government. IRmep is a Washington-DC based nonprofit researching U.S. Middle East policy formulation.
Paul Merrell

CIA's Self-Authorization for Ice-Drowning Human Beings | emptywheel - 0 views

  • The WaPo has a story that repeats what I’ve been harping on for over a year (and in some cases, has been clear even longer): the Senate Torture Report shows that CIA repeatedly lied to Congress. There are, however, ugly new details about the torture (though it’s not clear whether they show up in the report): particularly regarding the treatment of Ammar al-Baluchi. If declassified, the report could reveal new information on the treatment of a high-value detainee named Ali Abdul Aziz Ali, the nephew of Khalid Sheik Mohammed, the self-proclaimed mastermind of the Sept. 11 attacks. The Pakistanis captured Ali, known more commonly as Ammar al-Baluchi, on April, 30, 2003, in Karachi and turned him over to the CIA about a week later. He was taken to a CIA black site called “Salt Pit” near Kabul. At the secret prison, Baluchi endured a regime that included being dunked in a tub filled with ice water. CIA interrogators forcibly kept his head under the water while he struggled to breathe and beat him repeatedly, hitting him with a truncheon-like object and smashing his head against a wall, officials said. As with Zubaida and even Nashiri, officials said, CIA interrogators continued the harsh treatment even after it appeared that Baluchi was cooperating. The report notes that two other prisoners — members of the Libyan Islamic Fighting Group — were subjected to similar treatment at the same time.
  • Two other terrorism suspects, from Libya — Mohammed al-Shoroeiya and Khalid al-Sharif — endured similar treatment at Salt Pit, according to Human Rights Watch. One of the men said CIA interrogators “would pour buckets of very cold water over his nose and mouth to the point that he felt he would suffocate. Icy cold water was also poured over his body. He said it happened over and over again,” the report says. CIA doctors monitored their body temperatures so they wouldn’t suffer hypothermia. Ultimately, CIA got DOJ to authorize “water dousing” — in the manner that CIA always got DOJ to approve mere shadows of what they actually did, and the approval more closely matches the description of the LIFG prisoners — in the Bradbury Techniques Memo (see page 10). But not before it got used over and over at the Salt Pit (the same place where water dousing had already contributed to Gul Rahman’s death). Which is, I’m quite certain, one thing that CIA was doing with the Legal Principles document, a set of legal guidelines the CIA wrote for itself (with John Yoo’s freelance help) as the CIA’s legal problems started to mount. As I’ve noted, the first draft of the memos got hand-carried to John Yoo on April 28, 2003, just as these detainees were in the Salt Pit. There were several more discussions internally at CIA in anticipation of litigation before they tried (unsuccessfully) to create a fait accompli with Pat Philbin on June 16, 2003. At that point, the document only generally approved techniques equivalent to those already approved. As CIA would later explain,
  • We rely on the applicable law and OLC guidance to assess the lawfulness of detention and interrogation techniques. For example, using the applicable law and relying on OLC’s guidance, we concluded that the abdominal slap previously discussed with OLC (and mentioned in the June 2003 summary points) is a permissible interrogation technique. Similarly, in addition to the sitting and kneeling stress positions discussed earlier with OLC, the Agency has added to its list of approved interrogation techniques two standing stress positions involving the detainee leaning against a wall. I guess, in similar fashion, John Yoo and his CIA buddies believe ice-drowning is equivalent, as another kind of simulated drowning, to waterboarding, which had been approved? Then the next year, when Scott Muller tried the same trick with Jack Goldsmith — trying to get him to sign off on the techniques CIA had freelanced its own legal opinion — he asked to include water dousing (and another water-based technique and one still-redacted technique) explicitly. Of course, the description of water dousing fell far short of what the CIA was actually doing — dunking men in ice-water repeatedly — though the outlines, especially the concern about detainees ingesting water and hypothermia — show the outlines of the torture such language was meant to gloss. To understand the CIA’s torture program, you have to understand what these bureaucratic maneuvers were meant to cover. Now we know they were intended to authorize controlled drowning of men in ice water.
Paul Merrell

China summons US envoy over cyber-spying charges, vows retaliation - RT News - 0 views

  • China has dismissed all US accusations of industrial cyber-espionage against five of its military officials and published proof that Washington is actually stealing data from China. Beijing also summoned the US ambassador for an explanation. Beijing reacted to Washington’s recent round of industrial espionage accusations by publishing its latest data on US cyber-attacks against China.
  • China’s National Computer Network Emergency Response Technical Team Coordination Center of China (NCNERTTCC) reported that during just two months, from March 19 to May 18, the US directly controlled 1.18 million host computers in China using 2,077 Trojan horse networks or botnet servers. According to the NCNERTTCC, over the last two months 135 host computers stationed in the US conducted 14,000 phishing operations against Chinese websites using for the attacks 563 phishing pages. The other hacking activities through the same period of time included 57,000 backdoor attacks, performed from 2,016 IP addresses in the US through backdoors implanted on 1,754 Chinese websites. The Chinese Foreign Ministry summoned the American ambassador to China for an explanation, urging him to drop all charges against China’s military officers. The meeting between Chinese Assistant Foreign Minister Zheng Zeguang and US Ambassador Max Baucus took place on Monday night, reported Xinhua.
  • Depending on further developments, China “will take further action on the so-called charges by the United States,” Zheng told Baucus. “The Chinese government and military and its associated personnel have never conducted or participated in the theft of trade secrets over the internet,” Zheng reportedly told Baucus as quoted by Xinhua.
Paul Merrell

43 US Senators 'Alarmed' by Reports of Iran Deal - News from America - News - Arutz Sheva - 0 views

  • In a scathing two-page letter by 43 Republican senators to US President Barack Obama dated this Wednesdasy, the senators, led by Mark Kirk and Marco Rubio, warned that they were "alarmed" by reported plans to bypass Congress and reach a nuclear deal with Iran. The senators were alarmed at "reports that your administration plans to circumvent Congress and unilaterally provide significant sanctions relief under a comprehensive nuclear agreement with Iran.” US Secretary of State John Kerry insisted Wednesday that the US and Iran would reach a nuclear deal by November 24, indicating the stage may be set for a titanic battle between the Obama Administration and the incoming Republican-majority US Senate on the exact terms of any Obama-Iran nuclear deal. Most noticeably absent from the signatories to the senators' missive was Senator Rand Paul, who has a history of not signing any pro-Israel letters. By contrast Senator Ted Cruz, Paul’s likely Republican nomination presidential contender, was a signatory to the Rubio-Kirk Letter.
  • The Senate Republican letter goes on to state, “Reported plans to circumvent Congress suggest that your negotiators may be concluding a weak and dangerous deal which...would ensure the ultimate failure of any agreement, and runs directly counter to Secretary of State John Kerry's April 2014 statement to the Senate that your administration was absolutely obligated by law to come back to Congress in order to lift sanctions as part of the final deal with Iran.” Arutz Sheva reported in October that Ben Rhodes, a senior White House adviser, had been secretly taped bragging that a nuclear deal with Iran was Obama’s foreign-policy “signature” equivalent of “ObamaCare,” and that they working to structure a deal that would evade any congressional approval or ratification.
  • With the Republicans poised in control of the US Senate for the next two years, the Republican senators threatened that “unless the White House genuinely engages with Congress, we see no way that any agreement consisting of your administration's current proposals to Iran will endure the 114th Congress and after your presidential term ends.”
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    The weakness in the argument is that Congress gave Obama discretion to impose or withdraw the sanctions, hence he needs no legislation to lift them. 
Paul Merrell

Tony Blair, "Infanticide Endorser" is Rewarded by "Save The Children" | Global Research - 0 views

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

AP News : UK police spied on reporters for years, docs show - 0 views

  • Freelance video journalist Jason Parkinson returned home from vacation this year to find a brown paper envelope in his mailbox. He opened it to find nine years of his life laid out in shocking detail.Twelve pages of police intelligence logs noted which protests he covered, who he spoke to and what he wore - all the way down to the color of his boots. It was, he said, proof of something he'd long suspected: The police were watching him."Finally," he thought as he leafed through documents over a strong black coffee, "we've got them."Parkinson's documents, obtained through a public records request, are the basis of a lawsuit being filed by the National Union of Journalists against London's Metropolitan Police and Britain's Home Office. The lawsuit, announced late Thursday, along with recent revelations about the seizure of reporters' phone records, is pulling back the curtain on how British police have spent years tracking the movements of the country's news media.
  • Parkinson, three photographers, an investigative journalist and a newspaper reporter are filing the lawsuit after obtaining their surveillance records. Parkinson, a 44-year-old freelancer who has covered hundreds of protests - some of them for The Associated Press - said he and his colleagues had long suspected that the police were monitoring them."Police officers we'd never even met before knew our names and seemed to know a hell of a lot about us," he said.Several journalists told AP the records police kept on them were sometimes startling, sometimes funny and occasionally wrong.
  • Jess Hurd, a 41-year-old freelance photographer and Parkinson's partner, said she was worried the intelligence logs were being shared internationally."I go to a lot of countries on assignment," she said. "Where are these database logs being shared? Who with, for what purpose?"The revelations add to public disclosures about British police secretly seizing journalists' telephone records in leak investigations. Several senior officers have recently acknowledged using anti-terrorism powers to uncover journalists' sources by combing through the records.
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  • Union statement: https://www.nuj.org.uk/news/nuj-members-under-police-surveillance-mount-collective-legal/
Paul Merrell

America is on a "Hot War Footing": House Legislation Paves the Way for War with Russia?... - 0 views

  • America is on a war footing.  While, a World War Three Scenario has been on the drawing board of the Pentagon for more than ten years, military action against Russia is now contemplated at an “operational level”. Similarly, both the Senate and the House have introduced enabling legislation which provides legitimacy to the conduct of a war against Russia. We are not dealing with a “Cold War”. None of the safeguards of the Cold War era prevail. 
  • There has been a breakdown in East-West diplomacy coupled with extensive war propaganda. In turn the United Nations has turned a blind eye to extensive war crimes committed by the Western military alliance. The adoption of a major piece of legislation by the US House of Representatives on December 4th (H. Res. 758)  would provide (pending a vote in the Senate) a de facto green light to the US president and commander in chief to initiate –without congressional approval– a process of military confrontation with Russia. Global security is at stake. This historic vote –which potentially could affect the lives of hundreds of millions of people Worldwide– has received virtually no media coverage. A total media blackout prevails.
  • The World is at a dangerous crossroads. Moscow has responded to US-NATO threats. Its borders are threatened. On December 3, the Ministry of Defence of the Russian Federation announced the inauguration of a new military-political entity which would take over in the case of war. Russia is launching a new national defense facility, which is meant to monitor threats to national security in peacetime, but would take control of the entire country in case of war. (RT, December 3, 2014)
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  • H. Res. 758 not only accuses Russia of having invaded Ukraine, it also invokes article 5 of the Washington Treaty, namely NATO’s  doctrine of collective security. An attack on one member of the Atlantic alliance is an attack on all members of the Alliance. The underlying narrative is supported by a string of baseless accusations directed against the Russian Federation. It accuses Russia of having invaded Ukraine. It states without evidence that Russia was behind the downing of Malaysian Airlines MH17,  it accuses Russia of military aggression. Ironically, it also accuses the Russian Federation of having imposed economic sanctions not only on Ukraine, Georgia, Moldova but also on several unnamed member states of the European Union.  The resolution accuses the Russian Federation of having used “the supply of energy for political and economic coercion.”
  • In essence, House Resolution 758 were it to become law would provide a de facto green light to the President  of the United States to declare war on the Russian Federation, without the formal permission of the US Congress.
  • What the above paragraph suggests is that the US is contemplating the use of NATO’s collective security doctrine under article 5 with a views to triggering a process of military confrontation with the Russian Federation. The structure of military alliances is of crucial significance. Washington’s intent is to isolate Russia. Article 5 is a convenient mechanism imposed by the US on Western Europe. It forces NATO member states, most of which are members of the European Union, to act wage war on Washington’s behalf. Moreover, a referendum on Ukraine’s membership in NATO is contemplated.  In case Ukraine becomes a member of NATO and/or redefines its security agreement with NATO, article 5 could be invoked as a justification to wage a NATO sponsored war on Russia.
  • The speed at which this legislation was adopted is unusual in US Congressional history. House resolution 758 was introduced on November 18th, it was rushed off to the Foreign Affairs Committee and rushed back to the plenary of the House for debate and adoption. Two weeks (16 days) after it was first introduced by Rep. Kinzinger (Illinois) on November 18, it was adopted by 411-10 in an almost unanimous vote on the morning of December 4th.
  • One would expect that this historic decision would has been the object of extensive news coverage. In fact what happened was a total news blackout. The nation’s media failed to provide coverage of the debate in House of Representatives and the adoption of H Res 758 on December 4. The mainstream media had been instructed not to cover the Congressional decision. Nobody dared to raise its dramatic implications.  its impacts on “global security”.  ”World War III is not front page news.” And without mainstream news concerning US-NATO war preparations, the broader public remains unaware of the importance of the Congressional decision. .
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    We are led by usurpers and their useful idiots in Congress and the White House.
Paul Merrell

Pentagon fears blowback from 'humane' Guantánamo video release | The Miami He... - 0 views

  • A Pentagon official is invoking the revulsion of Muslims worldwide over images of U.S. Marines urinating on corpses to predict the global backlash at seeing videos of Guantánamo troops hauling a captive to force-feedings.The Justice Department included the declaration in a renewed bid to prevent the public from seeing 32 videos made by U.S. forces at the detention center in Cuba. “While the videos at issue in this litigation do not in my opinion depict any improper treatment of the detainees, but rather the lawful, humane and appropriate interaction between guards and detainees,” wrote U.S. Navy Rear Adm. Sinclair Harris, “persons and entities hostile to the United States and its detention of enemy belligerents at Guantánamo Bay are likely to think otherwise.”Harris is vice director of operations at the Department of Defense Joint Staff, and said he had watched some of the videos — which lawyers say portray troops forcing captive Abu Wa’el Dhiab to tube feedings. The admiral said he concluded the images could be used for propaganda purposes to stoke anti-American sentiment and put U.S. citizens at risk in Iraq and Afghanistan.
  • Dhiab, 43, was cleared for release from Guantánamo years ago but can’t be repatriated to his native Syria, a nation now wracked with Islamic State violence. Instead, Uruguay has offered him sanctuary in a deal that was sidelined first by the Pentagon then by that South American nation’s elections. He has been protesting by hunger striking.Dhiab wants the videos released, according to one of his attorneys, Cori Crider, and so does a consortium of 16 media organizations, which petitioned a federal court in Washington, D.C. On Oct. 3, Judge Gladys Kessler ordered the U.S. government to obscure the faces and identities in the videos of everyone but the captive, then make them public. Tuesday, U.S. government lawyers notified Kessler’s court that it would file an appeal.
  • Dhiab’s attorney argues that ugly optics are no excuse.“I’ve seen the videos — and of course they’re upsetting,” Crider said Wednesday by email from Reprieve, a London-based law firm that represents Dhiab at no charge. “But that’s no reason to hide the truth from Americans.” “By that logic, think of all the government scandals that never would have seen the light of day,” she added, citing the 2003 photos of guards abusing detainees at Abu Ghraib prison in Iraq and images of the 1968 My Lai massacre that “changed the conversation about Vietnam.”Reprieve’s legal team discovered there were recordings during a forced-feeding challenge; the detention center says it has since discontinued taping the tube feedings for reasons of patient privacy.
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  • Harris suggested the videos could lead to the “perceived mistreatment of individuals,” and serve as a recruiting tool for the Islamic State. In his declaration he noted that South Florida journalist Steven Sotloff was forced by his captors to make an anti-Guantánamo statement before he was beheaded earlier this year. When Sotloff was killed, he was clad in an orange jumpsuit that has come to symbolize the prison in southeast Cuba.
  • Harris argued against release based on “prior experience from the release of certain provocative photographs and information.” He noted that “in 2012 the release of a video depicting Marines urinating on the corpses of alleged Taliban members was used as a recruitment tool for the Taliban and led to an Afghan soldier attacking and killing French troops.”It is not known when the U.S. Court of Appeals for the District of Columbia Circuit would take up the Justice Department appeal because Tuesday’s filing was not the appeal itself but notice to the court that the Obama administration was appealing Kessler’s release order.Separately, the prison camps commander Navy Rear Adm. Kyle Cozad, argued that disclosure of the videos would tip captives to certain techniques used by its tackle-and-shackle squad of soldiers — something Judge Kessler ridiculed in her ruling as “implausible” because the captives experience what is portrayed in the videos.
  • Cozad, however, suggested in a heavily redacted 13-page sworn statement that if the videos are released he might restrict access to news media in the cellblocks, a popular distraction at the detention center that the admiral characterized as “important for intellectual stimulation and overall morale.”He also listed a series of assaults that apparently occurred since he took over this summer, including a captive who resisted his force-feeding by biting a guard and another who hit a soldier in the face with a handcuffed fist.He called the videos a useful tool for the prison, saying staff likened them to “an NFL team watching video of the previous week’s football game to determine what plays worked well, what they did wrong, and what they could do better during the next game.”
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    If DOJ does not win its appeal, watch for the GITMO prisoner to be suddenly released in order to moot his case so the video doesn't have to be disclosed.  
Paul Merrell

Hold the front page: Spain's anti-Google lobbyists lobby for Google News return * The R... - 0 views

  • Anti-Google lobby group the AEDE, which represents publishers in Spain, has asked the country's government to prevent the ad giant from shuttering its news-scraping service. The volte-face comes after Mountain View threatened on Thursday to kill Google News in Spain, because it argued that a clumsy, new intellectual property law was bad for business. <a href="http://pubads.g.doubleclick.net/gampad/jump?iu=/6978/reg_business/front&sz=300x250%7C300x600&tile=3&c=33VI4CoKwQrMoAADx4lg4AAANB&t=ct%3Dns%26unitnum%3D3%26unitname%3Dwww_top_mpu%26pos%3Dtop%26test%3D0" target="_blank"> <img src="http://pubads.g.doubleclick.net/gampad/ad?iu=/6978/reg_business/front&sz=300x250%7C300x600&tile=3&c=33VI4CoKwQrMoAADx4lg4AAANB&t=ct%3Dns%26unitnum%3D3%26unitname%3Dwww_top_mpu%26pos%3Dtop%26test%3D0" alt=""> </a> That legislation, expected to be implemented in the new year, will tackle any website that links to pirated content. The law would allow the AEDE (Association of Editors of Spanish Dailies) to charge content aggregators like Google and Yahoo! for any snippets of news that they publish. Additionally, authorities will be granted powers to fine websites up to €600,000 for linking to pirated content.
  • Google News boss Richard Gingras griped about the tax on the multi-billion-dollar corporation in a blog post on 11 December, in which he said: [S]adly, as a result of a new Spanish law, we’ll shortly have to close Google News in Spain. Let me explain why. This new legislation requires every Spanish publication to charge services like Google News for showing even the smallest snippet from their publications, whether they want to or not. As Google News itself makes no money (we do not show any advertising on the site) this new approach is simply not sustainable. So it’s with real sadness that on 16 December (before the new law comes into effect in January) we’ll remove Spanish publishers from Google News, and close Google News in Spain. Now, the AEDE has asked the Spanish government to try to prevent Google's exit. “AEDE requires the intervention of Spanish and community authorities, and competition authorities, to effectively protect the rights of citizens and companies,” it said.
  • A spokeswoman at the lobby group told The Spain Report that the AEDE had not asked "Google to take a step backwards, we’ve always been open to negotiations with Google”. She reportedly added: “Google has not taken a neutral stance". “Of course they are free to close their business, but one thing is the closure of Google News and quite another the positioning in the general index.” Publishers in Spain are no doubt panicking about the prospect of their web traffic plummeting if Google does pull the plug on its news service next week.
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  • Belgium and most recently Germany have failed to bring in a law that protects intellectual works, while taxing Google for its news-scraping tactics. It would seem that it's now the turn of Spanish publishers to have a bad news day.
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    As expected.
Paul Merrell

Ukraine Massacre has CIA Fingerprints Says Oliver Stone | News | teleSUR - 0 views

  • Revered film maker Oliver Stone revealed that the overthrow of the Ukrainian president in February 2014, in which more than 50 people were killed, has the hallmarks of the techniques used by the CIA to remove undesirable leaders in Venezuela, Chile and Iran. After a four-hour interview with the ousted, legitimately elected president Viktor Yanukovych, Stone concluded that a “third party” played a part in the massacre, and that the resulting shooting had “CIA fingerprints on it.” “It seems clear that the so-called ‘shooters’ who killed 14 police men, wounded some 85, and killed 45 protesting civilians, were outside third party agitators. Many witnesses, including Yanukovych and police officials, believe these foreign elements were introduced by pro-Western factions -- with CIA fingerprints on it,” the director wrote on his Facebook page.
  • Stone went on to point out the “similar technique” used against former Venezuelan President Hugo Chavez's elected government in 2002, when he was briefly driven out, which also used “mysterious shooters in office buildings.” Just like in the Maiden Massacre, the mainstream media portrayed the latter event as the work of a brutal, authoritarian government. “Create enough chaos, as the CIA did in Iran ‘53, Chile ‘73, and countless other coups, and the legitimate government can be toppled. It’s America’s soft power technique called ‘Regime Change 101,'” Stone said. The documentary-maker, who spoke to Yanukovych for a new film, said that the United States would not be able to hide its crimes for much longer. “The truth is not being aired in the West. It’s a surreal perversion of history that’s going on once again, as in Bush pre-Iraq ‘WMD’ campaign. But I believe the truth will finally come out in the West, I hope, in time to stop further insanity,” Stone concluded.
Paul Merrell

Lindsey Graham Says Congress Will "Follow [Bibi's] Lead" « LobeLog - 0 views

  • Lindsey Graham, who is not a stupid person, can be so embarrassing. Speaking at a press conference alongside Israeli Prime Minister Benjamin Netanyahu in Jerusalem Saturday, Graham said the following in response to Bibi’s call for “more sanctions, and stronger sanctions” against Iran. But you, above all others, have said that sanctions are what got Iran to the table, and it will be the only thing that brings them to a deal that we can all live with. I’m here to tell you, Mr. Prime Minister, that the Congress will follow your lead. [Emphasis added.]
  • But that’s not all he said. He implied that people in the US intelligence community, which has insisted for more than seven years now that Iran has not made a decision to build a nuclear weapon, should have their driver’s licenses revoked whenever they return from overseas assignments, meetings or vacations. To those who believe the Iranians have not been trying to develop a nuclear weapon, if you come to America, you should not be allowed to drive on our highways. Clearly, this regime for years has been deceiving the international community, has been trying to pursuit [sic], in my view, a nuclear weapon.
  • And then there’s this little gem offered to a leader who, as prime minister or the leader of the opposition, has steadfastly opposed the peace-making efforts of three US presidents, including George W. Bush, and who enthusiastically encouraged the United States to invade and occupy Iraq, among other incredibly stupid moves. And what brings me here so many times, is common and shared values and common and shared enemies. The fate of one country determines the fate of the other. God bless the people of Israel, and you can count on the United States Congress, Republican and Democrat, to be there for you when you need us the most. [Emphasis added.]
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  • But then last June, Graham, while on the rounds of the Sunday talk shows and apparently freaked out about Islamic State’s sweep in northern and western Iraq, called for Washington to work with Iran (and presumably with the hated Revolutionary Guard) to protect Baghdad. The US has to “have to have some dialogue with the Iranians that says, ‘let’s coordinate our efforts,’ but has some red lines,” he said on one show. “The Iranians can provide some assets to make sure Baghdad doesn’t fall,” he said on yet another. “We need to coordinate with the Iranians. To ignore Iran and not tell them, ‘Don’t take advantage of this situation,’ would be a mistake.”
  • Now, to be fair to Graham, he did not explicitly endorse Netanyahu’s call for “more sanctions, and stronger sanctions” despite his promise that Congress will follow Bibi’s “lead” in dealing with Iran. Instead, he promised that Congress will vote on the Kirk-Menendez bill, or what I originally called the “Wag the Dog Act of 2014,” next month, the approval of which, according to virtually all knowledgeable observers, will result in the collapse not only of the negotiations over Iran’s nuclear program, but also of the international sanctions regime. (For a more specific analysis, you can examine Ed Levine’s assessment of the bill after it was introduced last year.) Graham, like Netanyahu himself, also insisted that he supports the administration’s efforts to negotiate a deal. “I would love nothing better than a diplomatic solution to the Iranian nuclear ambitions,” he said. “I support the Administration’s effort to try to bring this to a peaceful conclusion.” But then he went on to insist that any final agreement must include the abandonment by Tehran of its uranium enrichment capabilities—a demand that all of the P5+1 (US, UK, France, Russia, China plus Germany) consider totally unrealistic.
  • Now, Graham often has had a problem with getting a little carried away in his public rhetoric. Reacting to President Obama’s State of the Union Address last January, and particularly his remarks about imposing sanctions against Iran, the South Carolina senator warned that “the world is literally about to blow up.” At the 2010 Halifax International Security Forum, Graham reportedly stunned the audience—and apparently embarrassed his hosts—by calling for a full-scale attack on Iran beyond its nuclear facilities. So my view of military force would be not to just neutralize their nuclear program, which are probably dispersed and hardened, but to sink their navy, destroy their air force and deliver a decisive blow to the Revolutionary Guard. In other words, neuter that regime.
  • It’s pretty clear that Graham can sometimes get excitable, especially when the TV cameras are rolling. Assuming that the Kirk-Menendez bill does come to the floor next month, however, the big question is whether it will attract enough Senate Democrats to render its passage veto-proof (because there’s no doubt whatsoever that Obama will veto it). That will take 33 Democrats and/or independents and/or Republicans. At this point, I think the president should not have too much trouble getting those votes, and the fact that Graham has now taken the lead on this while on foreign soil will likely make it easier for Obama to get the Democratic support he needs. But Graham’s assurance that a Republican-led Congress will “follow [Netanyahu’s] lead” (against a US president, if necessary) should prompt a few of his fellow-Republicans to reflect just a little on the implications of such deference by a powerful US senator to a foreign leader.
  • Graham also had a lot to say about Hamas and withholding funding for the United Nations if it becomes more involved in seeking an Israeli-Palestinian settlement. You can read the whole transcript of his appearance with Netanyahu here and judge for yourself.
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    [Sigh]
Paul Merrell

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

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

Post-9/11 War Costs Reach $1.6 Trillion - 0 views

  • The U.S. has spent $1.6 trillion on post-9/11 military operations, including the wars in Iraq and Afghanistan and other counterterrorism activities, according to a new report from the Congressional Research Service. “Based on funding enacted from the 9/11 attacks through FY2014, CRS estimates a total of $1.6 trillion has been provided to the Department of Defense, the State Department and the Department of Veterans Administration for war operations, diplomatic operations and foreign aid, and medical care for Iraq and Afghan war veterans over the past 13 years of war,” the report said. See “The Cost of Iraq, Afghanistan, and Other Global War on Terror Operations Since 9/11,” December 8, 2014. The CRS report provides detailed tabulations of funding by agency, operation and fiscal year, along with appropriation source and functional breakdown. An appendix provides a monthly listing of U.S. troop levels in Afghanistan and Iraq, among other hard-to-find data assembled by CRS.
  • Ideally, the record compiled in the 100-page CRS report would serve as the basis for a comprehensive assessment of U.S. military spending since 9/11: To what extent was the expenditure of $1.6 trillion in this way justified? How much of it actually achieved its intended purpose? How much could have been better spent in other ways? There is little sign of a systematic inquiry along these lines, but the CRS report identifies various “questions that Congress may wish to raise about future war costs,” as well as legislative options that could be considered.
Paul Merrell

Ukrainian Parliament sets Sights on NATO: CSTO Counters | nsnbc international - 0 views

  • The Ukrainian Parliament, on Tuesday, December 23, voted for abandoning Ukraine’s neutral status and set the country on course for a NATO membership. The CSTO countered by integrating its constituent armed forces with the Russian Command and Control Center. Russian Foreign Minister Sergey Lavrov described Kiev’s decision as counterproductive while Belarus President Lukashenko asserted his country’s commitment to the collective defense within the CSTO and within the framework of the Eurasian Economic Union. 
  • Lavrov noted that the decision escalates confrontations and creates the illusion that the profound internal crisis in Ukraine can be resolved through the adoption of such laws. Russian Prime Minister Dmitry Medvedev noted on his Facebook page that Ukraine’s no-aligned status was “in essence an application to enter NATO, turning Ukraine into a potential military opponent of Russia”. Russia’s Ambassador to the OSCE, Andrei Kelin commented on Kiev’s decision, describing it as unfriendly, and as adding trouble and tension to the Russian-Ukrainian relationship.
  • It is noteworthy that former French Foreign Minister Roland Dumas, who participated in the negotiations about Germany’s reunification, repeatedly stressed that the understanding that NATO wouldn’t station weapons or troops in any of the former Warsaw Pact member States or expand eastwards was “the essence of peace”. In an interview with l’Humanité.fr in September, Dumas said: “This was the essence of peace. Everyone was in agreement… Well, the Americans do not heed. They transported weapons to the Baltic countries and Poland. Hence the controversy when Putin came to power”.
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  • Belarus President Alexander Lukashenko asserted that the CSTO has been created and operates to protect the interests of all of its member states, reports the Belarus news agency BelTa. The news agency quotes Lukashenko added: “As the common economic space grows larger and more advanced within the framework of the Eurasian Economic Union, which members are now virtually identical to those of the CSTO, the importance of protecting economic interests will be pushed to the forefront. .. The existing mechanism of interaction between the special services and other services can be used for that. The services are capable of putting a stop to organized criminal groups, which are now trying to find loopholes and exploit the new economic conditions for their criminal gains.”
  • The members of the post-Soviet Collective Security Treaty Organization (CSTO) countered the push for a NATO expansion to Ukraine by incorporating their national military forces into the National Defense Control Center of Russia. The announcement about the move was made by Putin, during the opening of the CSTO session in Moscow on December 23, that was held parallel to a final meeting before the formal establishment of the Eurasian Economic Union (EEU) on January 1, 2015.
  • Moscow repeatedly warned against NATO’s eastwards expansion. Earlier this year Russian President Putin noted that one of the important reasons behind Moscow’s acceptance of the Crimean referendum and Crimea’s accession into the Russian Federation was the prospect of the deployment of NATO forces, especially naval forces to Crimea. Putin commented that Russia was more comfortable with Russia’s Western “Partners for peace” visiting a Russian naval base in Crimea than the other way around.
  • Among the primary initiatives following the CSTO’s counter-moves to NATO’s eastward expansion in Ukraine is the integration of CSTO member states’ Air Forces, a highly sophisticated electronic command and control center, and thus far, the delivery of new Russian-built, state of the art jets to Belarus.
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    Russia and its neighbors who don't have NATO membership aspirations enter into a collective defense agreement, coordinated by the Russian military. 
Paul Merrell

F.B.I. Is Broadening Surveillance Role, Report Shows - NYTimes.com - 0 views

  • Although the government’s warrantless surveillance program is associated with the National Security Agency, the Federal Bureau of Investigation has gradually become a significant player in administering it, a newly declassified report shows.In 2008, according to the report, the F.B.I. assumed the power to review email accounts the N.S.A. wanted to collect through the “Prism” system, which collects emails of foreigners from providers like Yahoo and Google. The bureau’s top lawyer, Valerie E. Caproni, who is now a Federal District Court judge, developed procedures to make sure no such accounts belonged to Americans.
  • Then, in October 2009, the F.B.I. started retaining copies of unprocessed communications gathered without a warrant to analyze for its own purposes. And in April 2012, the bureau began nominating new email accounts and phone numbers belonging to foreigners for collection, including through the N.S.A.’s “upstream” system, which collects communications transiting network switches.That information is in a 231-page study by the Justice Department’s inspector general about the F.B.I.’s activities under the FISA Amendments Act of 2008, which authorized the surveillance program. The report was entirely classified when completed in September 2012. But the government has now made a semi-redacted version of the report public in response to a Freedom of Information Act lawsuit filed by The New York Times.
  • The report also filled in a gap about the evolving legality of the warrantless wiretapping program, which traces back to a decision by President George W. Bush in October 2001 to direct the N.S.A. to collect Americans’ international phone calls and emails, from network locations on domestic soil, without the individual warrants required by the Foreign Intelligence Surveillance Act, or FISA. The Times revealed that program in December 2005.After the article appeared, telecommunications providers that had voluntarily participated in the program were sued, and a Federal District Court judge in Detroit ruled that the program was illegal, although that decision was later vacated. The Bush administration sought to put the program on more solid legal footing by gaining orders from the Foreign Intelligence Surveillance Court approving it.Continue reading the main story Continue reading the main story Continue reading the main story In January 2007, the Bush administration persuaded the court’s Judge Malcolm Howard to issue an order to telephone and network companies requiring them to let the security agency target foreigners’ accounts for collection without individual warrants. But in April 2007, when the order came up for renewal before Judge Roger Vinson, he said that it was illegal.
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  • Judge Vinson’s resistance led Congress to enact, in August 2007, the Protect America Act, a temporary law permitting warrantless surveillance of foreigners from domestic network locations. The next year, Congress replaced that law with the FISA Amendments Act.Last month, as a result of separate Freedom of Information Act lawsuits by The Times and the Electronic Frontier Foundation, the government declassified the identities of the judges who disagreed in early 2007 and several court filings from that episode. But it remained unclear what the N.S.A. had done in June and July of 2007.The newly declassified report said Judge Vinson issued an order on May 31, 2007, that allowed existing surveillance to continue by approving collection on a long list of specific foreign phone numbers and email addresses. But after that, when the agency wanted to start wiretapping an additional person, it had to ask the court for permission.The report said that “the rigorous nature of the FISA Court’s probable cause review of new selectors submitted to the various FISA Court judges following Judge Vinson’s May 31, 2007, order caused the N.S.A. to place fewer foreign selectors under coverage than it wanted to.” That and other factors “combined to accelerate the government’s efforts” to persuade Congress to enact the Protect America Act.
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