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Paul Merrell

CIA photos of 'black sites' could complicate Guantanamo trials - The Washington Post - 0 views

  • Military prosecutors this year learned about a massive cache of CIA photographs of its former overseas “black sites” while reviewing material collected for the Senate investigation of the agency’s interrogation program, U.S. officials said. The existence of the approximately 14,000 photographs will probably cause yet another delay in the military commissions at Guantanamo Bay, Cuba, as attorneys for the defendants demand that all the images be turned over and the government wades through the material to decide what it thinks is relevant to the proceedings.
  • The death penalty cases against the five men first began in 2008 under the Bush administration and was abandoned by the Obama administration for a planned trial in federal court in New York. That effort collapsed, and the prosecution was returned to the military in 2011.
  • The electronic images depict external and internal shots of facilities where the CIA held ­al-Qaeda suspects after 9/11, but they do not show detainee interrogations, including the torture of some suspects who were subjected to waterboarding and other brutal techniques. They do include images of naked detainees during transport, according to the officials, who spoke on the condition of anonymity because the material remains classified. The pictures also show CIA personnel and members of foreign intelligence services, as well as psychologists Bruce Jessen and James Mitchell, among the architects of the interrogation program.
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  • It’s unclear whether the military prosecutors have been able to review all the photographs and why they hadn’t unearthed them years earlier. Former U.S. officials said Martins’s team was supposed to have the same access as Senate investigators and federal prosecutors to shared electronic drives containing agency documents at a secret location in Virginia. “It raises the question whether the agency is being cooperative with the prosecutors,” said James Harrington, the civilian attorney for 9/11 defendant Ramzi Binalshibh. “It’s beyond preposterous.”
  • mong the images are those of cells and bathrooms at the detention sites, including a facility in Afghanistan known as “Salt Pit,” where the waterboard was photographed.
  • The bulk of the photographs depict black sites in Thailand, Afghanistan and Poland. There are fewer shots of prisons in Romania and Lithuania, which were among the last to be used before they were closed in 2006. A former intelligence official who reviewed some of the photographs of the prison in Thailand described them as nondescript.
  • “Why is it we are still learning about this stuff?” said Joe Margulies, Zubaydah’s attorney. “Who knows what is still out there? What else is there? That’s what is appalling.” James Connell, defense attorney for Ammar al-Baluchi, one of the 9/11 defendants, filed a motion in January 2013 to compel production of “documents and information” relating to where the “accused or a potential witness have been confined.” Connell said the military judge overseeing the case hasn’t ruled on that motion. “If pictures from black sites exist, they are crime scene photographs,” Connell said. “The military commission rules require the prosecution to turn them over to the defense, but federal and international prosecutors should also get a copy — not to mention the public.”
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    So finally the locations of at least some of the CIA "black sites" are out in the open. 
Paul Merrell

PayPal to Pay $25 Million to Settle CFPB Case - 0 views

  • By Editor Filed in News May 19th, 2015 @ 11:50 am The Consumer Financial Protection Bureau (CFPB) filed a complaint and proposed consent order in federal court against PayPal, Inc. for illegally signing up consumers for its online credit product, PayPal Credit, formerly known as Bill Me Later. The CFPB alleges that PayPal deceptively advertised promotional benefits that it failed to honor, signed consumers up for credit without their permission, made them use PayPal Credit instead of their preferred payment method, and then mishandled billing disputes.
  • Under the proposed order, PayPal would pay $15 million in consumer redress and a $10 million penalty, and it would be required to improve its disclosures and procedures. “PayPal illegally signed up consumers for its online credit product without their permission and failed to address disputes when they complained,” said CFPB Director Richard Cordray. “Online shopping has become a way of life for many Americans and it’s important that they are treated fairly. The CFPB’s action should send a signal that consumers are protected whether they are opening their wallets or clicking online to make a purchase.”
  • As with credit cards and other forms of credit, consumers using PayPal Credit may incur interest, late fees, and other charges. Consumers often enroll in PayPal Credit while purchasing a good or service online or while creating a PayPal account. Since 2008, PayPal has offered PayPal Credit to consumers across the country making purchases from thousands of online merchants, including eBay. The CFPB alleges that many consumers who were attempting to enroll in a regular PayPal account, or make an online purchase, were signed up for the credit product without realizing it. The company also failed to post payments properly, lost payment checks, and mishandled billing disputes that consumers had with merchants or the company. Tens of thousands of consumers experienced these issues.
Paul Merrell

Is someone pinching pennies at Guantánamo prison? | Miami Herald - 0 views

  • Could the people at the Most Expensive Prison on Earth be pinching pennies?
  • Attorneys for the last 114 captives at the U.S. Navy base at Guantánamo Bay, Cuba, say they have been increasingly providing their clients with everything from T-shirts and socks and shoes to shampoo and vitamins to fill a long-term, unexplained need at the war on terror prison.Lawyers who have visited the prison as recently as this month say the captives’ U.S. military issue uniforms are faded, torn or tattered and their shoes have holes. In other instances, detainees tell their lawyers, personal hygiene supplies are cheap and simply don’t do the job. A case-in-point: When attorney Ramzi Kassem met detainee Shaker Aamer to share the news that the long-held Saudi prisoner was approved for transfer to Britain after Oct. 24, the captive was brought to their meeting in prison-issue canvas shoes held together by duct tape.
  • “Stuff’s just not getting replaced,” said attorney George Clarke who in late September spent about $300 on slip-on canvas shoes, plastic sandals, T-shirts and towels for his two detainee clients — both approved for repatriation, if the political situation improves in Yemen. “They say the stuff they get is crap. Or they’re not getting it.”Recently, he said, the detention center staff has been more accepting of contributions from the attorneys, suggesting prison commanders are confronted with a cash crunch or have realized they can pass along costs of basics to the private sector.
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  • At the prison, a spokesman declined to say whether the raggedy clothing reflected a new policy or budget cutbacks but dismissed a question on whether there was a supply issue. Detainee provisions “have not changed,” Navy Capt. Christopher Scholl said tersely by email. The prison would not provide a list of what constitutes basic issue prisoner provisions these days. Nor would Scholl address a question about whether the quality of prison-issue items had degraded.
  • The International Committee of the Red Cross would not say whether delegates have raised the issue in confidential talks with the prison commander. The Miami Herald spoke, separately, with 12 attorneys who have met captives in recent months and describe detainees showing up at legal meetings looking disheveled and needing replacement footwear or clothes. The attorneys say the appearance is noteworthy because through the years all but mentally ill captives have tried to tidy up for their legal meetings.“They’re looking pretty threadbare,” attorney Cori Crider of the nonprofit Reprieve legal defense group said from the U.S. Navy base Tuesday after she bought shampoo and socks for one prisoner. “It’s an escalating complaint that people are being left in rags.”The lawyers quote their clients as saying some supplies have disappeared entirely at the prison, which boasts Muslim sensitivity and humane treatment. Some just aren’t replaced frequently enough, they claim.
  • Into this vacuum attorneys who represent the detainees at no charge have for about nine months routinely spent hundreds of dollars on each trip to buy their clients basic provisions at the base commissary, the Navy Exchange, or NEX.In March, Chicago attorney Patricia Bronte, a solo practitioner, spent $136.25 on shoes and Gold Toe socks for her two Yemeni clients. She left them with a prison lawyer, who got them to the clients after she left the base — something she knows because she got thank-you notes via the prison’s legal mail system.
  • “I have noticed that sometimes the client appears at the meetings with shoes that look pretty beaten up. So I went to the NEX and I bought shoes and socks.” Also $6.12 in toothbrushes and toothpaste, according to her commissary receipt.“Understand, I’m not complaining. I don’t mind buying my clients shoes to improve their conditions,” she said. “It’s the gall of this country. To detain these guys for little or no reason for 14 years and not provide them with shoes is offensive.”
  • Prison officials had already stopped spending taxpayers’ money on books, videos and electronic games for the detainee diversion program, according to media visits in the past year, leaving it to the Red Cross and lawyers to donate to the Detainee Library. Kassem, the attorney, said his clients quoted guards and other prison staff as blaming budget cuts at the prison where the Pentagon maintains a 2,000-plus staff for 114 captives and has spent more than $5 billion. “Sometimes it’s a problem of poor toiletries — soap that doesn’t lather, toothpaste that doesn’t froth, deodorant that doesn’t prevent body odor,” said Kassem, a professor at the City University of New York School of Law whose legal clinic represents five Guantánamo detainees. Captives he sees in the prison’s iconic orange prison uniform are wearing old, torn and much less orange jumpsuits, he said.The prisoners are perplexed, Kassem said. “They’ve heard how much it costs per prisoner. They wonder, where’s all the money?”“Somebody’s pinching pennies, it seems,” he said, describing the prison-issue footwear on Aamer, the next detainee to be released, as “Oliver Twist tattered” despite repeated pleas for a replacement pair.
  • Over at the secret prison for former long-held CIA captives, Camp 7, the detainees are taking vitamin D furnished by defense attorneys Cheryl Bormann and Air Force Capt. Michael Schwartz.Walid bin Attash spent years without exposure to sunlight in a so-called CIA black site before he got to Camp 7 in 2006. Now, he’s told his lawyers, his medical record shows a severe vitamin D deficiency. He asked his defense team for a halal version of the supplement, which the prison doesn’t provide. One attorney, who asked not to be identified, quoted a prison medical officer as telling detainees “there’s no money for that.”So bin Attash’s lawyers ordered kosher vitamin D — no forbidden products in those gel caps — and gave it to the military staff attorney assigned to Camp 7. The prison’s medical officer has apparently doled them out to other former CIA black site captives because bin Attash needs a resupply sooner than a one-a-day distribution would require, Bormann said.“We’ve been having to purchase vitamin D for our client,” said Bormann, a criminal defense attorney with death-penalty experience. “It’s crazy.” At a civilian prison, she said, the lawyers wouldn’t have to buy and furnish it. They’d go to a federal or state judge, who would order the prison to provide it.
  • Lists of purchases provided by more than a dozen attorneys include toothbrushes, toothpaste, bar soap, shampoo, deodorant, slip-on sandals that double as slippers, white socks, white T-shirts, towels, no-lace sneakers, canvas slip-on shoes, pillows, books, individual DVD players, video games and audio tapes. Those reached the clients after a guard inspection — as did tahini, ginger, allspice, mint oil, mint tea, ginger tea, Nesquik, olive oil, ground cloves, henna and almonds, around Ramadan. Lawyers also said they have submitted other items that were rejected — notably black socks, hairbrushes, combs and aftershave (probably for its taboo alcohol content).
Paul Merrell

Rand Paul backs Snowden, bashes Clapper - POLITICO.com - 0 views

  • Kentucky Sen. Rand Paul on Sunday went to bat for NSA leaker Edward Snowden — and took a swing at Director of National Intelligence James Clapper, while Sen. Chuck Schumer advocated a tougher line on Snowden. "I don't think Edward Snowden deserves the death penalty or life in prison; I think that's inappropriate, I think that's why he fled, is that's what he faced," Paul, a possible 2016 contender for the Republican presidential nomination, said on ABC's "This Week." "Do I think it's OK to leak secrets and give up national security [information] that endangers lives? I don't think that's OK, either. But I think the courts are now saying he revealed something the government was doing that was illegal." Paul, who's pushing a class-action suit against the National Security Agency over its data collection tactics, has said that Snowden and Clapper should "share a prison cell," charging that Clapper lied to Congress. "Maybe if they served in a prison cell together, we'd be further enlightened as a country over what we should and shouldn't do," Paul said.
Paul Merrell

Data Pirates of the Caribbean: The NSA Is Recording Every Cell Phone Call in the Bahama... - 0 views

  • The National Security Agency is secretly intercepting, recording, and archiving the audio of virtually every cell phone conversation on the island nation of the Bahamas. According to documents provided by NSA whistleblower Edward Snowden, the surveillance is part of a top-secret system – code-named SOMALGET – that was implemented without the knowledge or consent of the Bahamian government. Instead, the agency appears to have used access legally obtained in cooperation with the U.S. Drug Enforcement Administration to open a backdoor to the country’s cellular telephone network, enabling it to covertly record and store the “full-take audio” of every mobile call made to, from and within the Bahamas – and to replay those calls for up to a month. SOMALGET is part of a broader NSA program called MYSTIC, which The Intercept has learned is being used to secretly monitor the telecommunications systems of the Bahamas and several other countries, including Mexico, the Philippines, and Kenya. But while MYSTIC scrapes mobile networks for so-called “metadata” – information that reveals the time, source, and destination of calls – SOMALGET is a cutting-edge tool that enables the NSA to vacuum up and store the actual content of every conversation in an entire country.
  • All told, the NSA is using MYSTIC to gather personal data on mobile calls placed in countries with a combined population of more than 250 million people. And according to classified documents, the agency is seeking funding to export the sweeping surveillance capability elsewhere. The program raises profound questions about the nature and extent of American surveillance abroad. The U.S. intelligence community routinely justifies its massive spying efforts by citing the threats to national security posed by global terrorism and unpredictable rival nations like Russia and Iran. But the NSA documents indicate that SOMALGET has been deployed in the Bahamas to locate “international narcotics traffickers and special-interest alien smugglers” – traditional law-enforcement concerns, but a far cry from derailing terror plots or intercepting weapons of mass destruction.
  • By targeting the Bahamas’ entire mobile network, the NSA is intentionally collecting and retaining intelligence on millions of people who have not been accused of any crime or terrorist activity. Nearly five million Americans visit the country each year, and many prominent U.S. citizens keep homes there, including Sen. Tom Harkin (D-Iowa), Bill Gates, and Oprah Winfrey.
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  • The Intercept has confirmed that as of 2013, the NSA was actively using MYSTIC to gather cell-phone metadata in five countries, and was intercepting voice data in two of them. Documents show that the NSA has been generating intelligence reports from MYSTIC surveillance in the Bahamas, Mexico, Kenya, the Philippines, and one other country, which The Intercept is not naming in response to specific, credible concerns that doing so could lead to increased violence. The more expansive full-take recording capability has been deployed in both the Bahamas and the unnamed country. MYSTIC was established in 2009 by the NSA’s Special Source Operations division, which works with corporate partners to conduct surveillance. Documents in the Snowden archive describe it as a “program for embedded collection systems overtly installed on target networks, predominantly for the collection and processing of wireless/mobile communications networks.”
  • If an entire nation’s cell-phone calls were a menu of TV shows, MYSTIC would be a cable programming guide showing which channels offer which shows, and when. SOMALGET would be the DVR that automatically records every show on every channel and stores them for a month. MYSTIC provides the access; SOMALGET provides the massive amounts of storage needed to archive all those calls so that analysts can listen to them at will after the fact. According to one NSA document, SOMALGET is “deployed against entire networks” in the Bahamas and the second country, and processes “over 100 million call events per day.”
  • When U.S. drug agents need to tap a phone of a suspected drug kingpin in another country, they call up their counterparts and ask them set up an intercept. To facilitate those taps, many nations – including the Bahamas – have hired contractors who install and maintain so-called lawful intercept equipment on their telecommunications. With SOMALGET, it appears that the NSA has used the access those contractors developed to secretly mine the country’s entire phone system for “signals intelligence” –recording every mobile call in the country. “Host countries,” the document notes, “are not aware of NSA’s SIGINT collection.” “Lawful intercept systems engineer communications vulnerabilities into networks, forcing the carriers to weaken,” says Christopher Soghoian, the principal technologist for the American Civil Liberties Union. “Host governments really should be thinking twice before they accept one of these Trojan horses.”
  • The DEA has long been in a unique position to help the NSA gain backdoor access to foreign phone networks. “DEA has close relationships with foreign government counterparts and vetted foreign partners,” the manager of the NSA’s drug-war efforts reported in a 2004 memo. Indeed, with more than 80 international offices, the DEA is one of the most widely deployed U.S. agencies around the globe. But what many foreign governments fail to realize is that U.S. drug agents don’t confine themselves to simply fighting narcotics traffickers. “DEA is actually one of the biggest spy operations there is,” says Finn Selander, a former DEA special agent who works with the drug-reform advocacy group Law Enforcement Against Prohibition. “Our mandate is not just drugs. We collect intelligence.” What’s more, Selander adds, the NSA has aided the DEA for years on surveillance operations. “On our reports, there’s drug information and then there’s non-drug information,” he says. “So countries let us in because they don’t view us, really, as a spy organization.”
  • “I seriously don’t think that would be your run-of-the-mill legal interception equipment,” says the former engineer, who worked with hardware and software that typically maxed out at 1,000 intercepts. The NSA, by contrast, is recording and storing tens of millions of calls – “mass surveillance,” he observes, that goes far beyond the standard practices for lawful interception recognized around the world. The Bahamas Telecommunications Company did not respond to repeated phone calls and emails.
  • The proliferation of private contractors has apparently provided the NSA with direct access to foreign phone networks. According to the documents, MYSTIC draws its data from “collection systems” that were overtly installed on the telecommunications systems of targeted countries, apparently by corporate “partners” cooperating with the NSA. One NSA document spells out that “the overt purpose” given for accessing foreign telecommunications systems is “for legitimate commercial service for the Telco’s themselves.” But the same document adds: “Our covert mission is the provision of SIGINT,” or signals intelligence.
  • According to the NSA documents, MYSTIC targets calls and other data transmitted on  Global System for Mobile Communications networks – the primary framework used for cell phone calls worldwide. In the Philippines, MYSTIC collects “GSM, Short Message Service (SMS) and Call Detail Records” via access provided by a “DSD asset in a Philippine provider site.” (The DSD refers to the Defence Signals Directorate, an arm of Australian intelligence. The Australian consulate in New York declined to comment.) The operation in Kenya is “sponsored” by the CIA, according to the documents, and collects “GSM metadata with the potential for content at a later date.” The Mexican operation is likewise sponsored by the CIA. The documents don’t say how or under what pretenses the agency is gathering call data in those countries. In the Bahamas, the documents say, the NSA intercepts GSM data that is transmitted over what is known as the “A link”–or “A interface”–a core component of many mobile networks. The A link transfers data between two crucial parts of GSM networks – the base station subsystem, where phones in the field communicate with cell towers, and the network subsystem, which routes calls and text messages to the appropriate destination. “It’s where all of the telephone traffic goes,” says the former engineer.
  • When U.S. drug agents wiretap a country’s phone networks, they must comply with the host country’s laws and work alongside their law enforcement counterparts. “The way DEA works with our allies – it could be Bahamas or Jamaica or anywhere – the host country has to invite us,” says Margolis. “We come in and provide the support, but they do the intercept themselves.” The Bahamas’ Listening Devices Act requires all wiretaps to be authorized in writing either by the minister of national security or the police commissioner in consultation with the attorney general. The individuals to be targeted must be named. Under the nation’s Data Protection Act, personal data may only be “collected by means which are both lawful and fair in the circumstances of the case.” The office of the Bahamian data protection commissioner, which administers the act, said in a statement that it “was not aware of the matter you raise.” Countries like the Bahamas don’t install lawful intercepts on their own. With the adoption of international standards, a thriving market has emerged for private firms that are contracted by foreign governments to install and maintain lawful intercept equipment. Currently valued at more than $128 million, the global market for private interception services is expected to skyrocket to more than $970 million within the next four years, according to a 2013 report from the research firm Markets and Markets.
  • If the U.S. government wanted to make a case for surveillance in the Bahamas, it could point to the country’s status as a leading haven for tax cheats, corporate shell games, and a wide array of black-market traffickers. The State Department considers the Bahamas both a “major drug-transit country” and a “major money laundering country” (a designation it shares with more than 60 other nations, including the U.S.). According to the International Monetary Fund, as of 2011 the Bahamas was home to 271 banks and trust companies with active licenses. At the time, the Bahamian banks held $595 billion in U.S. assets. But the NSA documents don’t reflect a concerted focus on the money launderers and powerful financial institutions – including numerous Western banks – that underpin the black market for narcotics in the Bahamas. Instead, an internal NSA presentation from 2013 recounts with pride how analysts used SOMALGET to locate an individual who “arranged Mexico-to-United States marijuana shipments” through the U.S. Postal Service.
  • The presentation doesn’t say whether the NSA shared the information with the DEA. But the drug agency’s Special Operations Divison has come under fire for improperly using classified information obtained by the NSA to launch criminal investigations – and then creating false narratives to mislead courts about how the investigations began. The tactic – known as parallel construction – was first reported by Reuters last year, and is now under investigation by the Justice Department’s inspector general. So: Beyond a desire to bust island pot dealers, why would the NSA choose to apply a powerful collection tool such as SOMALGET against the Bahamas, which poses virtually no threat to the United States? The answer may lie in a document that characterizes the Bahamas operation as a “test bed for system deployments, capabilities, and improvements” to SOMALGET. The country’s small population – fewer than 400,000 residents – provides a manageable sample to try out the surveillance system’s features. Since SOMALGET is also operational in one other country, the Bahamas may be used as a sort of guinea pig to beta-test improvements and alterations without impacting the system’s operations elsewhere. “From an engineering point of view it makes perfect sense,” says the former engineer. “Absolutely.”
  • SOMALGET operates under Executive Order 12333, a Reagan-era rule establishing wide latitude for the NSA and other intelligence agencies to spy on other countries, as long as the attorney general is convinced the efforts are aimed at gathering foreign intelligence. In 2000, the NSA assured Congress that all electronic surveillance performed under 12333 “must be conducted in a manner that minimizes the acquisition, retention, and dissemination of information about unconsenting U.S. persons.” In reality, many legal experts point out, the lack of judicial oversight or criminal penalties for violating the order render the guidelines meaningless. “I think it would be open, whether it was legal or not,” says German, the former FBI agent. “Because we don’t have all the facts about how they’re doing it. For a long time, the NSA has been interpreting their authority in the broadest possible way, even beyond what an objective observer would say was reasonable.” “An American citizen has Fourth Amendment rights wherever they are,” adds Kurt Opsahl, an attorney with the Electronic Frontier Foundation. “Nevertheless, there have certainly been a number of things published over the last year which suggest that there are broad, sweeping programs that the NSA and other government agencies are doing abroad that sweep up the communications of Americans.”
  • Legal or not, the NSA’s covert surveillance of an entire nation suggests that it will take more than the president’s tepid “limits” to rein in the ambitions of the intelligence community. “It’s almost like they have this mentality – if we can, we will,” says German. “There’s no analysis of the long-term risks of doing it, no analysis of whether it’s actually worth the effort, no analysis of whether we couldn’t take those resources and actually put them on real threats and do more good.” It’s not surprising, German adds, that the government’s covert program in the Bahamas didn’t remain covert. “The undermining of international law and international cooperation is such a long-term negative result of these programs that they had to know would eventually be exposed, whether through a leak, whether through a spy, whether through an accident,” he says. “Nothing stays secret forever. It really shows the arrogance of these agencies – they were just going to do what they were going to do, and they weren’t really going to consider any other important aspects of how our long-term security needs to be addressed.”
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    Words fail me.
Paul Merrell

UN Report Finds Mass Surveillance Violates International Treaties and Privacy Rights - ... - 0 views

  • The United Nations’ top official for counter-terrorism and human rights (known as the “Special Rapporteur”) issued a formal report to the U.N. General Assembly today that condemns mass electronic surveillance as a clear violation of core privacy rights guaranteed by multiple treaties and conventions. “The hard truth is that the use of mass surveillance technology effectively does away with the right to privacy of communications on the Internet altogether,” the report concluded. Central to the Rapporteur’s findings is the distinction between “targeted surveillance” — which “depend[s] upon the existence of prior suspicion of the targeted individual or organization” — and “mass surveillance,” whereby “states with high levels of Internet penetration can [] gain access to the telephone and e-mail content of an effectively unlimited number of users and maintain an overview of Internet activity associated with particular websites.” In a system of “mass surveillance,” the report explained, “all of this is possible without any prior suspicion related to a specific individual or organization. The communications of literally every Internet user are potentially open for inspection by intelligence and law enforcement agencies in the States concerned.”
  • Mass surveillance thus “amounts to a systematic interference with the right to respect for the privacy of communications,” it declared. As a result, “it is incompatible with existing concepts of privacy for States to collect all communications or metadata all the time indiscriminately.” In concluding that mass surveillance impinges core privacy rights, the report was primarily focused on the International Covenant on Civil and Political Rights, a treaty enacted by the General Assembly in 1966, to which all of the members of the “Five Eyes” alliance are signatories. The U.S. ratified the treaty in 1992, albeit with various reservations that allowed for the continuation of the death penalty and which rendered its domestic law supreme. With the exception of the U.S.’s Persian Gulf allies (Saudi Arabia, UAE and Qatar), virtually every major country has signed the treaty. Article 17 of the Covenant guarantees the right of privacy, the defining protection of which, the report explained, is “that individuals have the right to share information and ideas with one another without interference by the State, secure in the knowledge that their communication will reach and be read by the intended recipients alone.”
  • The report’s key conclusion is that this core right is impinged by mass surveillance programs: “Bulk access technology is indiscriminately corrosive of online privacy and impinges on the very essence of the right guaranteed by article 17. In the absence of a formal derogation from States’ obligations under the Covenant, these programs pose a direct and ongoing challenge to an established norm of international law.” The report recognized that protecting citizens from terrorism attacks is a vital duty of every state, and that the right of privacy is not absolute, as it can be compromised when doing so is “necessary” to serve “compelling” purposes. It noted: “There may be a compelling counter-terrorism justification for the radical re-evaluation of Internet privacy rights that these practices necessitate. ” But the report was adamant that no such justifications have ever been demonstrated by any member state using mass surveillance: “The States engaging in mass surveillance have so far failed to provide a detailed and evidence-based public justification for its necessity, and almost no States have enacted explicit domestic legislation to authorize its use.”
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  • Instead, explained the Rapporteur, states have relied on vague claims whose validity cannot be assessed because of the secrecy behind which these programs are hidden: “The arguments in favor of a complete abrogation of the right to privacy on the Internet have not been made publicly by the States concerned or subjected to informed scrutiny and debate.” About the ongoing secrecy surrounding the programs, the report explained that “states deploying this technology retain a monopoly of information about its impact,” which is “a form of conceptual censorship … that precludes informed debate.” A June report from the High Commissioner for Human Rights similarly noted “the disturbing lack of governmental transparency associated with surveillance policies, laws and practices, which hinders any effort to assess their coherence with international human rights law and to ensure accountability.” The rejection of the “terrorism” justification for mass surveillance as devoid of evidence echoes virtually every other formal investigation into these programs. A federal judge last December found that the U.S. Government was unable to “cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack.” Later that month, President Obama’s own Review Group on Intelligence and Communications Technologies concluded that mass surveillance “was not essential to preventing attacks” and information used to detect plots “could readily have been obtained in a timely manner using conventional [court] orders.”
  • Three Democratic Senators on the Senate Intelligence Committee wrote in The New York Times that “the usefulness of the bulk collection program has been greatly exaggerated” and “we have yet to see any proof that it provides real, unique value in protecting national security.” A study by the centrist New America Foundation found that mass metadata collection “has had no discernible impact on preventing acts of terrorism” and, where plots were disrupted, “traditional law enforcement and investigative methods provided the tip or evidence to initiate the case.” It labeled the NSA’s claims to the contrary as “overblown and even misleading.” While worthless in counter-terrorism policies, the UN report warned that allowing mass surveillance to persist with no transparency creates “an ever present danger of ‘purpose creep,’ by which measures justified on counter-terrorism grounds are made available for use by public authorities for much less weighty public interest purposes.” Citing the UK as one example, the report warned that, already, “a wide range of public bodies have access to communications data, for a wide variety of purposes, often without judicial authorization or meaningful independent oversight.”
  • The report was most scathing in its rejection of a key argument often made by American defenders of the NSA: that mass surveillance is justified because Americans are given special protections (the requirement of a FISA court order for targeted surveillance) which non-Americans (95% of the world) do not enjoy. Not only does this scheme fail to render mass surveillance legal, but it itself constitutes a separate violation of international treaties (emphasis added): The Special Rapporteur concurs with the High Commissioner for Human Rights that where States penetrate infrastructure located outside their territorial jurisdiction, they remain bound by their obligations under the Covenant. Moreover, article 26 of the Covenant prohibits discrimination on grounds of, inter alia, nationality and citizenship. The Special Rapporteur thus considers that States are legally obliged to afford the same privacy protection for nationals and non-nationals and for those within and outside their jurisdiction. Asymmetrical privacy protection regimes are a clear violation of the requirements of the Covenant.
  • That principle — that the right of internet privacy belongs to all individuals, not just Americans — was invoked by NSA whistleblower Edward Snowden when he explained in a June, 2013 interview at The Guardian why he disclosed documents showing global surveillance rather than just the surveillance of Americans: “More fundamentally, the ‘US Persons’ protection in general is a distraction from the power and danger of this system. Suspicionless surveillance does not become okay simply because it’s only victimizing 95% of the world instead of 100%.” The U.N. Rapporteur was clear that these systematic privacy violations are the result of a union between governments and tech corporations: “States increasingly rely on the private sector to facilitate digital surveillance. This is not confined to the enactment of mandatory data retention legislation. Corporates [sic] have also been directly complicit in operationalizing bulk access technology through the design of communications infrastructure that facilitates mass surveillance. ”
  • The latest finding adds to the growing number of international formal rulings that the mass surveillance programs of the U.S. and its partners are illegal. In January, the European parliament’s civil liberties committee condemned such programs in “the strongest possible terms.” In April, the European Court of Justice ruled that European legislation on data retention contravened EU privacy rights. A top secret memo from the GCHQ, published last year by The Guardian, explicitly stated that one key reason for concealing these programs was fear of a “damaging public debate” and specifically “legal challenges against the current regime.” The report ended with a call for far greater transparency along with new protections for privacy in the digital age. Continuation of the status quo, it warned, imposes “a risk that systematic interference with the security of digital communications will continue to proliferate without any serious consideration being given to the implications of the wholesale abandonment of the right to online privacy.” The urgency of these reforms is underscored, explained the Rapporteur, by a conclusion of the United States Privacy and Civil Liberties Oversight Board that “permitting the government to routinely collect the calling records of the entire nation fundamentally shifts the balance of power between the state and its citizens.”
Paul Merrell

Guantanamo 9/11 hearing canceled, Army spokesman says | Reuters - 0 views

  • Judge James Pohl, an Army colonel, ruled in July that no conflict of interest arose for defense attorneys from the FBI approaching a security officer for a defense team. The allegations surfaced in April, further delaying a complex, slow-moving case. Lawyers for accused Sept. 11 mastermind Khalid Sheikh Mohammed and four other suspects want Pohl to determine the extent of FBI contact with defense team members.Mohammed and fellow Sept. 11 suspect Ramzi Binalshibh were among prisoners who underwent torture by the Central Intelligence Agency, according to the report by the Senate Intelligence Committee released on Tuesday.
  • The report on the CIA interrogation program implemented after the Sept. 11 attacks said Mohammed was subjected to waterboarding, or simulated drowning, "rectal hydration" and sleep deprivation.
  • The defendants face possible death penalties if convicted.
Paul Merrell

German Economy Hit by US, EU Sanctions on Russia - SPIEGEL ONLINE - 0 views

  • The US, for its part, penalized a dozen leading Russian conglomerates, including oil giant Rosneft, natural gas producer Novatek, Gazprombank and the weapons manufacturer Kalashnikov. From now on, they are forbidden from borrowing money from American monetary institutions and from issuing medium- and long-term debt to investors with ties to the US.
  • Even prior to the sanctions, the Russian economy had been struggling. Now, though, the Ukraine crisis is beginning to make itself felt in Germany as well. German industry's Committee on Eastern European Economic Relations believes that the crisis could endanger up to 25,000 jobs in Germany. Were a broad recession to befall Russia, German growth could sink by 0.5 percent, according to a Deutsche Bank study.
  • The most recent US sanctions, warns Eckhard Cordes, head of the Committee on Eastern European Economic Relations, have placed an additional strain "on the general investment climate." Particularly, he adds, because European companies have to conform to the American penalties.
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  • Already, the uneasiness can be seen in the Ifo Business Climate Index. One in three of the companies surveyed at the end of June said it expected adverse effects. "Russian customers have begun looking for suppliers outside of Europe," says Ulrich Ackermann, a foreign trade expert with the German engineering association VDMA. "They are concerned that European companies, because of the threat of increased sanctions, won't be able to deliver."
  • Even prior to the latest sanctions, business has been slowing in almost all sectors. The Düsseldorf-based energy giant E.on, for example, recently built power stations in Russia worth €9 billion. Most of the generators are already online, but because the economy in Russia is suffering, the returns are much lower than forecast. Volkswagen is a further example. The carmaker's sales figures for 2014 are 10 percent lower than they were last year. Opel's figures dropped by 12 percent during the first five months of the year.
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    Germany, and other European nations whose economies are interdependent on Russia's, are beginning to feel the pain from U.S. efforts to blockade BRICS nations from doing business with Europe. That's what U.S. meddling in Ukraine is about, another of the key U.S. initiatives in the the new Iron Curtain being constructed between BRICS and the U.S.-led Bankster Empire. I suspect that the sanctions will prove to be a dumb move. The BRICS nations will develop new industry to replace the goods it had been buying from Europe, all paid for without U.S. dollars. A pinch in the beginning, but longer term economic growth because the BRICS nations will also sell their new products to developing nations eager to hop off the U.S. dollar. That's when the new BRICS development bank counterpart to the IMF comes to the fore. That's the handwriting on the wall that the U.S. is painting for Germany and the rest of the E.U. Will Germany take that kind of economic hit out of loyalty to the U.S. and love of the sinking value of the dollar? The only end in sight for the dollar's sinking value is the inevitable crash. Or does Germany part ways with the dollar and hitch its wagon to the rising star of the BRICS nations' economy? Because Germany is the island of prosperity in the Eurozone, as goes Germany, so goes the future of the E.U. and NATO. Meanwhile, the Fed manipulates the gold market to keep the price artificially low and thus prop up the dollar a bit longer. But that keeps the price of gold low for China too. The drama of gangster capitalism's demise. http://goo.gl/DGfEq6
Paul Merrell

Where global solutions are shaped for you | News & Media | HUMAN RIGHTS COUNCIL OPENS S... - 0 views

  • Kyung-wha Kang, Assistant Secretary-General for Humanitarian Affairs and Deputy Emergency Relief Coordinator, stated that at least 18 medical facilities, including five UNRWA health clinics, had been hit by airstrikes and shelling since the beginning of the fighting.  The seven-year blockade had destroyed Gaza’s economy, with high unemployment rates and growing dependence on international assistance.  The United Nations was feeding 67 per cent of the population.  The international community and the parties to the conflict had to live up to their obligations.  Lance Bartholomeusz, Director of Legal Affairs of the United Nations Relief and Works Agency for Palestine Refugees in the Near East, said that by yesterday evening, 22 July, approximately 118,000 Palestinians had sought refuge in 77 UNRWA schools.  That was about 6 per cent of the population of Gaza and double the peak in UNRWA shelters during the 2008 to 2009 conflict.  The conflict had not spared UNRWA premises.  Makarim Wibisono, Special Rapporteur for the situation of human rights in the Occupied Palestinian Territory, speaking on behalf of the Coordination Committee of the Special Procedures of the Human Rights Council, said in addition to at least 599 Palestinians killed, the destruction of numerous houses had left several thousand families homeless.  At the same time, the right of the Palestinian people to resist occupation could not justify the launching of thousands of rockets and mortars directed against Israeli civilians. 
  • NAVI PILLAY, United Nations High Commissioner for Human Rights, said since Israel announced its military operation “Protective Edge” on 7 July, Gaza had been subjected to daily intensive bombardment from the air, land and sea, employing well over 2,100 air strikes alone.  The hostilities had resulted in the deaths of more than 600 Palestinians, including at least 147 children and 74 women.  As in the two previous crises in 2009 and 2012, it was innocent civilians in the Gaza Strip, including children, women, the elderly and persons with disabilities, who suffered the most.  According to preliminary United Nations figures, around 74 per cent of those killed so far were civilians, and thousands more had been injured.  Hundreds of homes and other civilian buildings, such as schools, had been destroyed or severely damaged in Gaza, and more than 140,000 Palestinians had been displaced.  Two Israeli civilians had also lost their lives and between 17 and 32 others had been reported injured as a result of rockets and other projectiles fired from Gaza, and 27 Israeli soldiers had been killed during military operations in Gaza.  The indiscriminate firing by Hamas and other armed groups of more than 2,900 rockets and mortars from Gaza continued to endanger the lives of civilians in Israel, and Ms. Pillay once again condemned such indiscriminate attacks.  It was unacceptable to locate military assets in densely populated areas or to launch attacks from such areas.  However, international law was clear - the actions of one party did not absolve the other party of the need to respect its obligations under international law.
  • he also warned that the current situation in Gaza overshadowed the backdrop of heightened tensions in the occupied West Bank, including East Jerusalem and expressed concern about a significant rise in incitement to violence against Palestinians, including through social media.  Only those responsible for criminal acts could legitimately be punished, she said, individuals should not be subject to collective penalties. 
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  • LANCE BARTHOLOMEUSZ, Acting Director of Legal Affairs, United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNWRA), said UNRWA was deeply alarmed and affected by the escalation of violence in the Gaza Strip and the devastating human and physical toll it was taking on civilians, including Palestine refugees.  Far too many lives were being lost and the traumas resulting from the military operations would mark the population for years to come.  Among ordinary Palestinians there was a profound crisis of confidence in the ability of international law and international mechanisms to protect civilians, and to prevent and address violations of international law.  Because of military operations, and because over 40 per cent of Gaza’s territory was affected by Israel evacuation warnings or declarations of “no-go zones”, thousands of people continued to flee to shelters run by UNRWA and by partners.  By yesterday evening, 22 July, approximately 118,000 Palestinians had sought refuge in 77 UNRWA schools.  That was about 6 per cent of the population of Gaza and double the peak in UNRWA shelters during the 2008 to 2009 conflict.
  • The conflict had not spared UNRWA premises, 77 of which had been damaged by air raids and other fire, which was totally unacceptable.  All parties to the conflict must respect at all times the neutrality and inviolability of UNRWA’s premises.  The situation of the population of Gaza and of Palestine Refugees in Gaza had become completely unsustainable.  Israel’s illegal blockade had deepened poverty levels and Gaza's aquifer would be entirely contaminated in the next three to four years making the Strip essentially unliveable.  Today, these indicators paled in comparison to the intensity of the bombardments, fighting and the immediate fears for security and survival. 
Paul Merrell

As Yemen Crumbled, a Disappeared US Detainee Called Home in Fear for His Life | VICE News - 0 views

  • On January 20, as Houthi fighters battled the guards watching the compound of Yemen's president and further expanded their grip on the capital, a US citizen who has been detained in Sana'a since 2010 and hasn't been seen in almost a year called home to say that the Shia rebels had taken over the prison where he is held and that they planned to "kill everyone," according to his wife who resides in the US."Yemen is in complete turmoil as of yesterday," she wrote on a Facebook page advocating for his release. "He was able to make a call and asked for his country, America, to save his life by rescuing him from a sectarian battle between two groups [with] which he has no involvement."Sharif Mobley, a 31-year-old father of three from New Jersey, was snatched by Yemeni security officers 5 years ago and is suspected by the US of having ties to terrorist groups after he made contract with US-born Islamist cleric Anwar al-Awlaki, who was killed in a US drone attack in Yemen in 2011. His wife, who lived with him at the time of his capture, said they had traveled to Yemen to study Arabic and the teachings of Islam.
  • On January 20, as Houthi fighters battled the guards watching the compound of Yemen's president and further expanded their grip on the capital, a US citizen who has been detained in Sana'a since 2010 and hasn't been seen in almost a year called home to say that the Shia rebels had taken over the prison where he is held and that they planned to "kill everyone," according to his wife who resides in the US.
  • On January 20, as Houthi fighters battled the guards watching the compound of Yemen's president and further expanded their grip on the capital, a US citizen who has been detained in Sana'a since 2010 and hasn't been seen in almost a year called home to say that the Shia rebels had taken over the prison where he is held and that they planned to "kill everyone," according to his wife who resides in the US."Yemen is in complete turmoil as of yesterday," she wrote on a Facebook page advocating for his release. "He was able to make a call and asked for his country, America, to save his life by rescuing him from a sectarian battle between two groups [with] which he has no involvement."Sharif Mobley, a 31-year-old father of three from New Jersey, was snatched by Yemeni security officers 5 years ago and is suspected by the US of having ties to terrorist groups after he made contract with US-born Islamist cleric Anwar al-Awlaki, who was killed in a US drone attack in Yemen in 2011. His wife, who lived with him at the time of his capture, said they had traveled to Yemen to study Arabic and the teachings of Islam.
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  • Mobley was shot in the leg during his abduction, and interrogated by FBI agents and representatives of the US Department of Defense while in hospital on January 30, 2010 — but never charged with terrorism. Instead, Yemeni authorities later charged him with the murder of a guard during a failed escape attempt, for which he now faces the death penalty. His lawyer was never formally notified of the charges against him.While his trial is ongoing, Mobley hasn't been seen in court since February 2014. In sporadic, frantic calls made from the cell phone of the occasional sympathetic guard, he has reportedly told his wife that he is being tortured and threatened. On his last call, two days before Yemen's president resigned, plunging the country into political chaos, Mobley once again told his wife that he fears for his life.
  • Mobley's lawyer, Cori Crider — the legal director of Reprieve, a UK-based legal aid group — told us that Islam is "really, really scared right now." "There is no trial process anymore, it hasn't happened for ages," said Crider, who hasn't been told where her client is and hasn't been able to speak with him in nearly a year. "[The US] really needs to renegotiate with what remains of the Yemeni state to get this guy deported and back to where he's gonna be safe, because he's really at risk right now."Crider and Islam said that US officials know where Mobley is — but that they won't tell them.
  • Mobley's whereabouts over the last year have not been confirmed — including by US officials who claimed to have visited him and found him "in good health and with  no major complaints," as reported by the Guardian. Mobley was believed to be in the hands of Yemen's Specialized Criminal Court — a secretive national security court known for its record of human rights abuse and targeting of political opponents and journalists.At some point last year, Mobley was believed to be detained at a Sana'a military base. A number of Sana'a's official facilities have recently passed under the control of Houthi rebels — including one seized Thursday, where US officials had previously trained Yemeni security forces on counter-terrorism tactics.
  • "They won't tell me and they won't tell his family," she added. "Even though they know, they refuse to tell us where their citizen is held at a time when the country is going into total chaos."Under America's Privacy Act, the state department cannot reveal any information related to a US citizen's "location, welfare, intentions, or problems" to anyone without that person's permission — this includes relatives and members of Congress.But Crider believes the US government may not only know where Sharif is, but she says they may also have had something to do with his disappearance.
  • US agents backed Mobley's initial arrest, Crider said, but they may have also been behind his subsequent disappearance. An unnamed Yemeni security source told NBC News that Mobley had been transferred in coordination with the US and that American officials have participated in his interrogation."We are very disturbed by recent reports that suggest that they are in some way implicated in the second disappearance," Crider said, adding that she has been fighting the government to disclose more information, including through government records requests. "If that's right, that's a problem of a totally different magnitude."
  • A State Department official told VICE News that there are no current plans for the US to directly evacuate Americans and that the US does not evacuate prisoners in a crisis situation, but declined to discuss Mobley's case, citing privacy laws. That's the same reasoning US officials have given to Crider — who has been fighting for months to find her client."I was like, guys, I'm this person's attorney," she said. "He has a right to see his legal representative — that is basic under Yemeni law just like it would be under US law. So you know where he is, you know he has a right to an attorney, what are you doing? Where is he?"
  • In previous calls to his wife, Mobley said that his captors had forced him to drink from bottles that had previously contained urine, and sprayed him with mace when he asked to speak with embassy officials. Lawyers with Reprieve said that during his detention he was beaten, chained to a bed, and dragged down the stairs.
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    The State Department's Privacy Act excuse for withholding the location of Sharif Mobley is a load of bull puckey intended for media consumption, not as a serious legal argument. The Privacy Act has an exception for just such situations: "(b) Conditions of Disclosure.- No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to whom the record pertains, *unless disclosure of the record would be-* ... (8) to a person pursuant to a showing of compelling circumstances affecting the health or safety of an individual if upon such disclosure notification is transmitted to the last known address of such individual;" 5 U.S.C. 552a(b), http://www.law.cornell.edu/uscode/text/5/552a. This is an outrageous cover-up!
Paul Merrell

Sept. 11 defense lawyers ask Army judge to disqualify Guantánamo war court ov... - 0 views

  • Defense lawyers in the Sept. 11 death-penalty case are asking their military judge to disqualify a senior Pentagon official and his staff from the case over a since abandoned effort to make the judges live permanently at Guantánamo.The judge in Guantánamo’s other capital case, of the alleged USS Cole bombing mastermind, already disqualified retired Maj. Gen. Vaughn Ary and four legal advisors from that case earlier this month. No replacements have been named.
  • Now, attorneys for the alleged 9/11 plot mastermind Khalid Sheik Mohammed and his four accused accomplices are asking their judge, Army Col. James L. Pohl, to do the same thing in a nine-page legal motion filed Wednesday.
Paul Merrell

Exclusive: Major nations hold talks on ending U.N. sanctions on Iran - officials | Reuters - 0 views

  • (Reuters) - Major world powers have begun talks about a United Nations Security Council resolution to lift U.N. sanctions on Iran if a nuclear agreement is struck with Tehran, a step that could make it harder for the U.S. Congress to undo a deal, Western officials said. The talks between Britain, China, France, Russia and the United States — the five permanent members of the Security Council — plus Germany and Iran, are taking place ahead of difficult negotiations that resume next week over constricting Iran's nuclear ability.Some eight U.N. resolutions - four of them imposing sanctions - ban Iran from uranium enrichment and other sensitive atomic work and bar it from buying and selling atomic technology and anything linked to ballistic missiles. There is also a U.N. arms embargo.Iran sees their removal as crucial as U.N. measures are a legal basis for more stringent U.S. and European Union measures to be enforced. The U.S. and EU often cite violations of the U.N. ban on enrichment and other sensitive nuclear work as justification for imposing additional penalties on Iran.
  • U.S. Secretary of State John Kerry told Congress on Wednesday that an Iran nuclear deal would not be legally binding, meaning future U.S. presidents could decide not to implement it. That point was emphasized in an open letter by 47 Republican senators sent on Monday to Iran's leaders asserting any deal could be discarded once President Barack Obama leaves office in January 2017.But a Security Council resolution on a nuclear deal with Iran could be legally binding, say Western diplomatic officials. That could complicate and possibly undercut future attempts by Republicans in Washington to unravel an agreement.Iran and the six powers are aiming to complete the framework of a nuclear deal by the end of March, and achieve a full agreement by June 30, to curb Iran's most sensitive nuclear activities for at least 10 years in exchange for a gradual end to all sanctions on the Islamic Republic.So far, those talks have focused on separate U.S. and European Union sanctions on Iran's energy and financial sectors, which Tehran desperately wants removed. The sanctions question is a sticking point in the talks that resume next week in Lausanne, Switzerland, between Iran and the six powers.
  • But Western officials involved in the negotiations said they are also discussing elements to include in a draft resolution for the 15-nation Security Council to begin easing U.N. nuclear-related sanctions that have been in place since December 2006."If there's a nuclear deal, and that's still a big 'if', we'll want to move quickly on the U.N. sanctions issue," an official said, requesting anonymity.The negotiations are taking place at senior foreign ministry level at the six powers and Iran, and not at the United Nations in New York.
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  • A senior U.S. administration official confirmed that the discussions were underway.The official said that the Security Council had mandated the negotiations over the U.N. sanctions and therefore has to be involved. The core role in negotiations with Iran that was being played by the five permanent members meant that any understanding over U.N. sanctions would likely get endorsed by the full council, the official added.Iran rejects Western allegations it is seeking a nuclear weapons capability.Officials said a U.N. resolution could help protect any nuclear deal against attempts by Republicans in U.S. Congress to sabotage it. Since violation of U.N. demands that Iran halt enrichment provide a legal basis for sanctioning Tehran, a new resolution could make new sanction moves difficult."There is an interesting question about whether, if the Security Council endorses the deal, that stops Congress undermining the deal," a Western diplomat said.
  • Other Western officials said Republicans might be deterred from undermining any deal if the Security Council unanimously endorses it and demonstrates that the world is united in favor of a diplomatic solution to the 12-year nuclear standoff.Concerns that Republican-controlled Congress might try to derail a nuclear agreement have been fueled by the letter to Iran's leaders and a Republican invitation to Israeli Prime Minister Benjamin Netanyahu to address Congress in a March 3 speech that railed against a nuclear deal with Iran.The officials emphasized that ending all sanctions would be contingent on compliance with the terms of any deal. They added that the International Atomic Energy Agency, the Vienna-based nuclear watchdog, will play a key role in verifying Iran's compliance with any agreement.
  • Among questions facing negotiators as they seek to prepare a resolution for the Security Council is the timing and speed of lifting U.N. nuclear sanctions, including whether to present it in March if a political framework agreement is signed next week or to delay until a final deal is reached by the end-June target.
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    Soundslike it's official. U.N. Security Council Resolution is the chosen route past the Israel Firsters in Congress. But notice that Reuters is saying that "Republicans" in Congress are the barrier. Is that a sign that Repubswill be painted as the bad guys here? As in Israel's wants are now a partisan issue? It's factually incorrect. Plenty of Democrats also bow toward AIPAC headquarters  five times a day while praying for Zionist campaign contributions. 
Paul Merrell

By "Punishing" France, The US Just Accelerated The Demise Of The Dollar | Zero Hedge - 0 views

  • Not even we anticipated this particular "unintended consequence" as a result of the US multi-billion dollar fine on BNP (which France took very much to heart). Moments ago, in a lengthy interview given to French magazine Investir, none other than the governor of the French National Bank Christian Noyer and member of the ECB's governing board, said this stunner at the very end, via Bloomberg: NOYER: BNP CASE WILL ENCOURAGE ‘DIVERSIFICATION’ FROM DOLLAR Here is the full google translated segment:
  • Q. Doesn't the role of the dollar as an international currency create systemic risk?   Noyer: Beyond [the BNP] case, increased legal risks from the application of U.S. rules to all dollar transactions around the world will encourage a diversification from the dollar. BNP Paribas was the occasion for many observers to remember that there has been a number of sanctions and that there would certainly be others in the future. A movement to diversify the currencies used in international trade is inevitable. Trade between Europe and China does not need to use the dollar and may be read and fully paid in euros or renminbi. Walking towards a multipolar world is the natural monetary policy, since there are several major economic and monetary powerful ensembles. China has decided to develop the renminbi as a settlement currency. The Bank of France was behind the popular ECB-PBOC swap and we have just concluded a memorandum on the creation of a system of offshore renminbi clearing in Paris. We have very strong cooperation with the PBOC in this field. But these changes take time. We must not forget that it took decades after the United States became the world's largest economy for the dollar to replace the British pound as the first international currency. But the phenomenon of U.S. rules expanding to all USD-denominated transactions around the world can have an accelerating effect. In other words, the head of the French central bank, and ECB member, Christian Noyer, just issued a direct threat to the world's reserve currency (for now), the US Dollar.
  • Putting this whole episode in context: in an attempt to punish France for proceeding with the delivery of the Mistral amphibious warship to Russia, the US "punishes" BNP with a failed attempt at blackmail (recall that as Putin revealed, the BNP penalty was a used as a carrot to disincenticize France from concluding the Mistral transaction: had Hollande scrapped the deal, BNP would likely be slammed with a far lower fine, if any). Said blackmail attempt backfires horribly when as a result, the head of the French central bank makes it clear that not only is the US Dollar's reserve currency status not sacrosanct, but "the world" will now actively seek to avoid USD-transactions in order to escape the tentacle of global "pax Americana." And, the biggest irony of all is that in "punishing" France for dealing with Russia, that core country of the Eurasian alliance of Russia and China, the US merely accelerated the gravitation of France (and all of Europe) precisely toward Eurasia, toward a multi-polar (sorry fanatic believers in a one world SDR-based currency) and away from the greenback.
Paul Merrell

Four librarians gagged and threatened with prison time under the Patriot Act | Police S... - 0 views

  • Using the broad powers granted under the USA PATRIOT Act, the FBI demanded that 4 librarians produce private information about library patrons’ reading habits, then used an endless gag order to force them to remain silent about the request for the rest of their lives under penalty of prison time.
  • The FBI was demanding that the library hand over private data on library patrons en masse “to protect against international terrorism.” The document that Mr. Christian was given was a so-called National Security Letter (NSL), a type of administrative subpoena for personal information — self-written by the FBI without any probable cause or judicial oversight.  The legal framework for these powerful NSLs was established by Section 505 of the USA PATRIOT Act in 2001. What’s more, Mr. Christian was placed under a perpetual gag order.  The NSL prohibited the recipient “from disclosing to any person that the F.B.I. has sought or obtained access to information or records under these provisions.”  The gag order was broad enough that it was a crime to discuss the matter to any other person — for life.  The USA PATRIOT Act allows for this suppression of speech, and issues a punishment of up to 5 years in prison for anyone caught violating the endless gag order.
  • The only reason we know about this case today is because Mr. Christian and 3 other library board members fought back in court.  
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  • In fact, the librarians were even barred from attending the court hearings on the very precedent-setting lawsuit with which they were involved. 
  • “Our presence in the courtroom was declared a threat to national security,” Mr. Chase related. The gag served to legally prevent Mr. Christian from personally testifying before Congress about the effects of the USA PATRIOT Act before the law’s reauthorization in March of 2006.   It passed through Congress easily and was signed once again by President George W. Bush. Appellate judges were clearly disturbed by the breadth of the NSL gag provisions.  One appellate judge wrote, “A ban on speech and a shroud of secrecy in perpetuity are antithetical to democratic concepts and do not fit comfortably with the fundamental rights guaranteed American citizens… Unending secrecy of actions taken by government officials may also serve as a cover for possible official misconduct and/or incompetence.” Sensing a potential legal defeat, the government took the steps necessary to preserve its powers.  Only a few weeks after the USA PATRIOT Act was renewed, the FBI abandoned the Library Connection case and voluntarily lifted the librarians’ gag order.  This eliminated the possibility that the NSL provisions could be struck down in court, protecting the USA PATRIOT Act from further judicial scrutiny.  In May 2006, the four librarians broke their silence at last.
  • The result could only be considered a partial victory, however.  While the librarians had regained their freedom to speak, they no longer had legal standing to challenge the NSL provisions, meaning that the sweeping power to subpoena and gag American citizens would remain unchecked in the hands of the government — and continue to be used at an alarming rate; tens of thousands of NSLs and gag orders are issued per year in the name of fighting the so-called War on Terror.
Paul Merrell

U.S. hits oil giant Rosneft, other firms with toughest Russia sanctions - 0 views

  • President Barack Obama imposed the biggest package of U.S. economic sanctions yet on Russia on Wednesday, hitting Russia's largest oil producer Rosneft and other energy, financial and defense firms, with what he called significant but targeted penalties. Obama's latest round of sanctions came after close consultations with European leaders, who announced a less-ambitious package. The ultimate impact of the U.S. sanctions likely depends on whether the European Union follows suit. The extent of the sanctions against key parts of the Russian energy and financial industry, including Gazprombank , was intended to serve notice to Moscow that its refusal to curb violence in eastern Ukraine has consequences. The targeted companies also include Russia's second-largest gas producer, Novatek, Vnesheconombank, or VEB, a state-owned bank that acts as payment agent for the Russian government, and eight arms firms.
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    Note that the violence in eastern Ukraine has been launched by the U.S.-backed coup government of Ukraine. 
Paul Merrell

The fix is in: how banks allegedly rigged the US$5.3 trillion foreign exchange market |... - 0 views

  • Suppose you’re in the supermarket shopping for groceries. While you’re strolling the aisle with your cart, a shadowy figure looms over your shoulder and changes the prices on the items you want to buy before you get a chance to pick them up. As you reach for some vine tomatoes, you notice the price just jumped 20 cents. When you select some brie from among the cheeses, you witness the number on the sticker change right before your eyes. Ditto when you look for your favorite brand of granola.
  • This is the essence of what regulators learned might be happening in the foreign exchange market, where US$5.3 trillion of dollars, euros and yen are traded every day. In June 2013, Bloomberg reported that traders at some of the world’s biggest banks worked to manipulate key currency rates, racking up profits and costing investors – including your retirement fund – hundreds of millions of dollars globally. They are accused of placing their own transactions ahead of trades requested by clients – known as front-running – which was the reason prices kept changing as people tried to make their own trades, like in the shopping analogy above. They bought euros or dollars, driving up the rate, and then profited by selling to other investors at a higher level.
  • This week six of the currency-dealers being investigated – including JP Morgan, Citigroup and HSBC – agreed to pay a total of US$4.3 billion to regulators in the US, UK and Switzerland to resolve the allegations. The deal is likely only the first in a series of settlements and other penalties that will emerge from the ongoing investigations. The investors most concerned with the alleged manipulation are funds that invest internationally, such as hedge funds, the endowments of charitable or cultural institutions and insurance companies. But it also includes the mutual funds in which many of your 401K or IRA assets are likely invested.
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  • When institutions like these need to buy or sell assets across borders, they call a dealer at one of the big banks, which provides what is basically a wholesale version of the cambio currency kiosks you see at the airport. The dealer quotes a buying price and a selling price, and the fund chooses whether to buy or sell. In addition to trading with customers, the dealers trade among themselves, sometimes to manage their inventory and sometimes hoping to make money by taking speculative positions for a few minutes or even seconds. And that’s how we arrive at the scandal. Every day at 4pm in London, the market sets special “fixing” exchange rates that are used to value the funds’ international investments. The fixing price is set in a simple way: it’s just the average of all prices paid among dealing banks during the 30 seconds before and after the clock strikes 4. Many international fund managers prefer to trade currencies at exactly the fixing price because it’s simpler and smarter to trade at the same price used to value your portfolio. To make these transactions happen, international funds often place large orders with dealers at major banks before the fix.
  • Suppose, for example, a pension fund with major investments in Europe knows it will receive a lot of new IRA money on November 30, when many US employees get paid. And suppose the fund plans to invest €100 million of that in European stocks. At 3:30pm that day the fund might instruct its bank to purchase €100 million at the fixing price. With this kind of advance order, the bank could book its own trades before the fund does, buying the euros it will later sell to the investor.
  • The banks – or more accurately, specific dealers at specific banks – are accused of manipulating the fixing prices based on their knowledge of advance customer orders. In a nutshell, the accusation is that dealers from different banks got together before the fix and compared notes in chat rooms. Most currency trading is handled by 10 or so mega banks, so if just a few of them compared notes, they would have a good sense of whether the exchange rate would rise or fall during the fixing interval that day. The shadowy figure looking over your shoulder at the supermarket to see what you’re going to buy next is like the banks comparing their customer orders before the fix. To finish the supermarket analogy, we need to know how and why the dealing banks could raise the fixing rate to the disadvantage of international pension and mutual funds. Suppose once again that many customers have placed big orders to buy euros at the fix, and the banks figure the euro-dollar exchange rate will rise during the window. This would give them an incentive to buy a lot of euros before it’s set (remember the golden rule of trading: buy low, sell high).
Paul Merrell

The Absolution of Jamie Dimon » CounterPunch: Tells the Facts, Names the Names - 0 views

  • Here are some of the good things JPMorgan has done in recent years.  In 2012 it reduced the compensation of Jamie Dimon, its chairman, president and CEO from $23 million to $11.5 million. That was his punishment for all the bad things the bank acknowledged that it had been doing while under his supervision. The bank acknowledged its sins by paying almost $20 billion in fines and penalties. Included in the $20 billion was $13 billion it agreed to pay in November 2013 that was described in the Wall Street Journal as “the biggest combination of fines and damages extracted by the U.S. government in a civil settlement with any single company.” For a bank the size of JPMorgan to pay $20 billion in fines as penance is a bit like the parishioner entering the confessional and seeking forgiveness from the supervisor of the man on the other side of the partition.  It has no effect on his future conduct. Nonetheless, paying the fines was a good thing since each fine was an act of contrition and those acts are always welcomed by those sitting in judgment on bad actors.   Here, however, are two bad things JPMorgan has been doing since leaving the federal government’s confessional at the end of 2013.
  • t increased Mr. Dimon’s compensation package by 74%, raising it to $20 million as a result of which Jamie’s compensation went from $31,506.84 per day to $54,794.52 per day. Since much of that is in restricted stock he cannot run out and spend it all.  Here is why that was a bad thing for the bank to have done.  It turns out that notwithstanding the $20 billion in penance paid, JPMorgan had discovered yet another way to make money at the expense of its customers.  It did this by ignoring part of the bankruptcy laws.
  • The bankruptcy law notwithstanding, some do.  Jamie Dimon’s bank is one of them. Just as it bundled subprime mortgages it had issued and sold them to investors at great profit to itself, according to a report in the New York Times, JPMorgan and other banks have been selling debts discharged in bankruptcy to outside investors.  Instead of showing that the debt of an individual to the bank has been discharged and is no longer collectible, the bank continues to described the debt as unpaid and that is how it appears on the borrower’s credit report.  If the borrower tries to get credit following a bankruptcy and the credit report does not disclose that the debt cannot be collected, a discharged debtor may be unable to get a new loan or a job or be otherwise adversely affected.  The bank, of course, makes money by selling the discharged debt to investors who are willing to take the chance that the debtor will continue to pay on the debt in order to get it removed from the credit report.
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  • Judge Robert D. Drain, a bankruptcy judge sitting in White Plains, New York, has confronted the issue of discharged debts being sold to investors by banks.  He observed that the buyers of those debts know that a bank “will refuse to correct the credit report to reflect the obligor’s bankruptcy discharge, which means that the debtor will feel significant added pressure to obtain a ‘clean’ report by paying the debt.” In refusing to throw out a lawsuit that has been filed in which the plaintiffs are seeking class action status for their claims against JPMorgan he observed that “the complaint sets forth a cause of action that Chase is using the inaccuracy of its credit reporting on a systematic basis to further its business of selling debts and its buyer’s collection of such debt.”
  • A U.S. Senate report released November 19, 2014, was highly critical of JPMorgan and other banks for, among other things, exceeding federal limits on commodity holdings.  Whether the activities described in the report will result in JPMorgan or any of the other banks paying a fine or Jamie Dimon suffering a salary reduction only time will tell. One thing we know without waiting for events to unfold.  JPMorgan stock is a good investment. The bank is always looking for creative ways to make money.
Paul Merrell

Greece's friendly relationship with Moscow could cause a headache for Brussels | Journa... - 0 views

  • The Syriza win in Greece has had everyone from Brussels to Mars wondering about a potential ‘Grexit’ from the euro zone, but there hasn’t been quite as much talk about what having Alexis Tsipras in power means for Russia. Until now. Now that he’s in, the wheels of thought have been turning rather furiously in the anti-Russia, pro-whatever-Washington-wants media circles and the consensus is broadly: Oh, dear. Greece could now turn into a real troublemaker for the European Union and, by extension, the US — and in more ways than one.
  • If Athens breaks with the Brussels line, watch out for Hungary and Slovakia to possibly do the same.
  • It’s also worth remembering that only weeks ago, French President Francois Hollande dangled the idea of lifting Russia sanctions if progress could be made in Ukraine. France does not want to “push Russia onto its knees,” he told Bild am Sonntag newspaper in December.
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  • Greece could jettison the sanctions based on genuinely ideological grounds — and if they do, a small anti-sanctions coalition in the EU could make itself known and ultimately veto any expansion of penalties against Russia — without the unpleasantness of being ‘the only one’.
  • Another possibility is that Greece will use Russia sanctions to trade favors with Angela Merkel. In other words: Give us some class of a debt write-down and we’ll give you your sanctions consensus. At that point, Germany would have to chose, what’s more important — doing everything it can to prevent a ‘Grexit’ by conceding to some Greek demands in return for a ‘yes’ vote from Greece on more sanctions — or sticking with the hard-line stance on Greece’s debt and letting the chips fall where they may when it comes to sanctions?
  • This scenario assumes of course that Greece would actually use Russia sanctions as a bartering tool, which is far from certain — especially given that the pro-Russia stance over Ukraine seems to be more about morals than about money.
Paul Merrell

The Collapse of Europe? « LobeLog - 0 views

  • And yet, for all this success, the European project is currently teetering on the edge of failure. Growth is anemic at best and socio-economic inequality is on the rise. The countries of Eastern and Central Europe, even relatively successful Poland, have failed to bridge the income gap with the richer half of the continent. And the highly indebted periphery is in revolt. Politically, the center may not hold and things seem to be falling apart. From the left, parties like Syriza in Greece are challenging the EU’s prescriptions of austerity. From the right, Euroskeptic parties are taking aim at the entire quasi-federal model. Racism and xenophobia are gaining ever more adherents, even in previously placid regions like Scandinavia. Perhaps the primary social challenge facing Europe at the moment, however, is the surging popularity of Islamophobia, the latest “socialism of fools.” From the killings at the Munich Olympics in 1972 to the recent attacks at Charlie Hebdo and a kosher supermarket in Paris, wars in the Middle East have long inspired proxy battles in Europe. Today, however, the continent finds itself ever more divided between a handful of would-be combatants who claim the mantle of true Islam and an ever-growing contingent who believe Islam — all of Islam — has no place in Europe.
  • Europeans are beginning to realize that Margaret Thatcher was wrong and there are alternatives — to liberalism and European integration. The most notorious example of this new illiberalism is Hungary. On July 26, 2014, in a speech to his party faithful, Prime Minister Viktor Orban confided that he intended a thorough reorganization of the country. The reform model Orban had in mind, however, had nothing to do with the United States, Britain, or France. Rather, he aspired to create what he bluntly called an “illiberal state” in the very heart of Europe, one strong on Christian values and light on the libertine ways of the West. More precisely, what he wanted was to turn Hungary into a mini-Russia or mini-China. “Societies founded upon the principle of the liberal way,” Orban intoned, “will not be able to sustain their world-competitiveness in the following years, and more likely they will suffer a setback, unless they will be able to substantially reform themselves.” He was also eager to reorient to the east, relying ever less on Brussels and ever more on potentially lucrative markets in and investments from Russia, China, and the Middle East.
  • For some, the relationship between Hungary and the rest of Europe is reminiscent of the moment in the 1960s when Albania fled the Soviet bloc and, in an act of transcontinental audacity, aligned itself with Communist China. But Albania was then a marginal player and China still a poor peasant country. Hungary is an important EU member and China’s illiberal development model, which has vaulted it to the top of the global economy, now has increasing international influence. This, in other words, is no Albanian mouse that roared. A new illiberal axis connecting Budapest to Beijing and Moscow would have far-reaching implications.
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  • That July speech represented a truly Oedipal moment, for Orban was eager to drive a stake right through the heart of the ideology that had fathered him. As a young man more than 25 years earlier, he had led the Alliance of Young Democrats — Fidesz — one of the region’s most promising liberal parties. In the intervening years, sensing political opportunity elsewhere on the political spectrum, he had guided Fidesz out of the Liberal International and into the European People’s Party, alongside German Chancellor Angela Merkel’s Christian Democrats. Now, however, he was on the move again and his new role model wasn’t Merkel, but Russian President Vladimir Putin and his iron-fisted style of politics. Given the disappointing performance of liberal economic reforms and the stinginess of the EU, it was hardly surprising that Orban had decided to hedge his bets by looking east. The European Union has responded by harshly criticizing Orban’s government for pushing through a raft of constitutional changes that restrict the media and compromise the independence of the judiciary. Racism and xenophobia are on the uptick in Hungary, particularly anti-Roma sentiment and anti-Semitism. And the state has taken steps to reassert control over the economy and impose controls on foreign investment.
  • The Hungarian prime minister, after all, has many European allies in his Euroskeptical project. Far right parties are climbing in the polls across the continent. With 25% of the votes, Marine Le Pen’s National Front, for instance, topped the French elections for the European parliament last May. In local elections in 2014, it also seized 12 mayoralties, and polls show that Le Pen would win the 2017 presidential race if it were held today. In the wake of the Charlie Hebdo shootings, the National Front has been pushing a range of policies from reinstating the death penalty to closing borders that would deliberately challenge the whole European project. In Denmark, the far-right People’s Party also won the most votes in the European parliamentary elections. In November, it topped opinion polls for the first time. The People’s Party has called for Denmark to slam shut its open-door policy toward refugees and re-introduce border controls. Much as the Green Party did in Germany in the 1970s, groupings like Great Britain’s Independence Party, the Finns Party, and even Sweden’s Democrats are shattering the comfortable conservative-social democratic duopoly that has rotated in power throughout Europe during the Cold War and in its aftermath.
  • The Islamophobia that has surged in the wake of the murders in France provides an even more potent arrow in the quiver of these parties as they take on the mainstream. The sentiment currently expressed against Islam — at rallies, in the media, and in the occasional criminal act — recalls a Europe of long ago, when armed pilgrims set out on a multiple crusades against Muslim powers, when early nation-states mobilized against the Ottoman Empire, and when European unity was forged not out of economic interest or political agreement but as a “civilizational” response to the infidel.
  • Euroskepticism doesn’t only come from the right side of the political spectrum. In Greece, the Syriza party has challenged liberalism from the left, as it leads protests against EU and International Monetary Fund austerity programs that have plunged the population into recession and revolt. As elsewhere in Europe, the far right might have taken advantage of this economic crisis, too, had the government not arrested the Golden Dawn leadership on murder and other charges. In parliamentary elections on Sunday, Syriza won an overwhelming victory, coming only a couple seats short of an absolute majority. In a sign of the ongoing realignment of European politics, that party then formed a new government not with the center-left, but with the right-wing Independent Greeks, which is similarly anti-austerity but also skeptical of the EU and in favor of a crackdown on illegal immigration.
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    Greece and Hungary moving to the right *and toward Russia and China.* The Syrza Party won big in Greece on Sunday. 
Paul Merrell

Why Russia Matters to the Boston Bombing Suspect's Defense - WhoWhatWhy - 0 views

  • But a close look at the nature of the information Tsarnaev’s defense team has repeatedly requested from prosecutors in motions to the court suggests Tsarnaev’s lawyers are trying to pry loose something about the government’s relationship with the Tsarnaevs prior to the bombing on April 15, 2013.The key to this relationship may lie in a store of information that the Russians delivered to U.S. investigators in the days after the bombing. Equally, it may be found in warnings Moscow delivered to U.S. investigators before the attack. Either way, the U.S. government has fought hard to keep the lid on what it knows.The defense team’s motive in asking for such information is clear enough: they are angling for anything that might convince jurors to spare their client’s life. But the government’s stonewalling raises serious questions about why it wants to keep secret what the Russians knew about the Tsarnaevs, and how and when this information reached the FBI and the CIA.
  • Already, Tsarnaev is facing an uphill battle because of a widespread presumption of his guilt—a presumption fed, in large part, by law enforcement leaks and an unquestioning media. The FBI has been waging an apparent war on witnesses, characterized by the scorched-earth tactic of intimidating, arresting, deporting, and, in one case, killing them. That has rendered them inaccessible to Tsarnaev’s defense.These hardball tactics appear to be just part of the government strategy of suppressing information in the case. The Justice Department’s trump card is the ability to withhold information based on national security claims. That is in addition to an overwhelming financial advantage.
  • The defense team has thus repeatedly had to ask U.S. District Judge George A. O’Toole Jr. to compel the government to release information. That has eaten up a lot of time critical in preparing the defense case.Not that Tsarnaev has been given much of it. One statistic tells the story: Tsarnaev’s team has had about half of the preparation time that defense lawyers in federal death penalty cases have been granted over the past decade—18 months versus a median of 36. So the prospects for getting the whole story behind the bombing laid out in open court look bleak.
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  • All of this brings up numerous questions, not the least of which are:
  • But is there more to the government’s obstruction tactics? Is there something in those conversations that the government doesn’t want to come up at trial? After all, it was the Tsarnaev family that repeatedly claimed the FBI tried to recruit Tamerlan as an informant—a claim the agency quickly batted down as ridiculous.However, the aggressive and well-documented efforts by the FBI to infiltrate the Muslim community with informants and provocateurs makes the FBI’s denials ring a little hollow.
  • But is there another reason for the government’s stonewalling? Is the deeper motive to suppress evidence that could uncover serious government misjudgments or, worse, malfeasance?Despite the fact that the U.S. government’s relationship with the Tsarnaevs prior to the bombing has great relevance to victims of the bombing—and to the public at large—current national security classification rules make it unlikely that such information will ever see the light of day.It’s important to note that defense lawyer Clarke has made a career out of keeping high-profile individuals presumed to be guilty out of the proverbial electric chair. In this case, maybe she senses a cover-up.In the process of trying to keep Tsarnaev alive, it may be that she and her team will make a crack in the walls protecting the truth about what the government knew, and when.
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