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Paul Merrell

The best way to read Glenn Greenwald's 'No Place to Hide' - 0 views

www.dailydot.com/...enn-greenwald-no-place-to-hide

surveillance state NSA Obama Greenwald book doc-download book-citations

shared by Paul Merrell on 14 May 14 - No Cached
  • Journalist Glenn Greenwald just dropped a pile of new secret National Security Agency documents onto the Internet. But this isn’t just some haphazard WikiLeaks-style dump. These documents, leaked to Greenwald last year by former NSA contractor Edward Snowden, are key supplemental reading material for his new book, No Place to Hide, which went on sale Tuesday. Now, you could just go buy the book in hardcover and read it like you would any other nonfiction tome. Thanks to all the additional source material, however, if any work should be read on an e-reader or computer, this is it. Here are all the links and instructions for getting the most out of No Place to Hide.
  • Greenwald has released two versions of the accompanying NSA docs: a compressed version and an uncompressed version. The only difference between these two is the quality of the PDFs. The uncompressed version clocks in at over 91MB, while the compressed version is just under 13MB. For simple reading purposes, just go with the compressed version and save yourself some storage space. Greenwald also released additional “notes” for the book, which are just citations. Unless you’re doing some scholarly research, you can skip this download.
  • No Place to Hide is, of course, available on a wide variety of ebook formats—all of which are a few dollars cheaper than the hardcover version, I might add. Pick your e-poison: Amazon, Nook, Kobo, iBooks. Flipping back and forth Each page of the documents includes a corresponding page number for the book, to allow readers to easily flip between the book text and the supporting documents. If you use the Amazon Kindle version, you also have the option of reading Greenwald’s book directly on your computer using the Kindle for PC app or directly in your browser. Yes, that may be the worst way to read a book. In this case, however, it may be the easiest way to flip back and forth between the book text and the notes and supporting documents. Of course, you can do the same on your e-reader—though it can be a bit of a pain. Those of you who own a tablet are in luck, as they provide the best way to read both ebooks and PDF files. Simply download the book using the e-reader app of your choice, download the PDFs from Greenwald’s website, and dig in. If you own a Kindle, Nook, or other ereader, you may have to convert the PDFs into a format that works well with your device. The Internet is full of tools and how-to guides for how to do this. Here’s one:
  • ...1 more annotation...
  • Kindle users also have the option of using Amazon’s Whispernet service, which converts PDFs into a format that functions best on the company’s e-reader. That will cost you a small fee, however—$0.15 per megabyte, which means the compressed Greenwald docs will cost you a whopping $1.95.
Paul Merrell

Anonymous Fearmongering About the Patriot Act from the White House and NYT - The Intercept - 0 views

firstlook.org/...r-mongering-patriot-act-nyt-wh

surveillance state politics-of-fear Patriot-Act white-house

shared by Paul Merrell on 31 May 15 - No Cached
  • Several of the most extremist provisions of the 2001 Patriot Act are going to expire on June 1 unless Congress reauthorizes them in some form. Obama officials such as Director of National Intelligence James Clapper and new Attorney General Loretta Lynch have been engaged in rank fear-mongering to coerce renewal, warning that we’ll all be “less safe” if these provisions are allowed to “sunset” as originally intended, while invoking classic Cheneyite rhetoric by saying Patriot Act opponents will bear the blame for the next attack. In an interview yesterday with the Intercept, ACLU Deputy Legal Director Jameel Jaffer explained why those scare tactics are outright frivolous. Enter the New York Times. An article this morning by Julie Hirschfeld Davis, in the first paragraph, cites anonymous Obama officials warning that “failing to [strike a deal by the deadline] would suspend crucial domestic surveillance authority at a time of mounting terrorism threats.” Behold the next two paragraphs:
  • “What you’re doing, essentially, is you’re playing national security Russian roulette,” one senior administration official said of allowing the powers to lapse. That prospect appears increasingly likely with the measure, the USA Freedom Act, stalled and lawmakers in their home states and districts during a congressional recess. “We’re in uncharted waters,” another senior member of the administration said at a briefing organized by the White House, where three officials spoke with reporters about the consequences of inaction by Congress. “We have not had to confront addressing the terrorist threat without these authorities, and it’s going to be fraught with unnecessary risk.”
  • Those two paragraphs, courtesy of the Obama White House and the Paper of Record, have it all: the principal weapons that have poisoned post-9/11 political discourse in the U.S.
  • Paul Merrell on 31 May 15
     
    Greenwald takes on the politics of fear.
Gary Edwards

Obama's secret TPP scheme will criminalize saving seeds, push biotech patent monopolies... - 0 views

www.naturalnews.com/rmers_TPP_biotech_patents.html

Banksters TPP Monsanto

shared by Gary Edwards on 23 Jun 15 - No Cached
  • TPP will allow evil corporations like Monsanto to rule over national governments One major aim of TPP is to punish countries that attempt to mandate the labeling of genetically-modified organisms (GMOs) or ban them outright. Key provisions in the international decree would allow corporations like Monsanto to actually sue governments for trying to protect their people against GMOs, all in the name of fostering "free trade."Farmers would also be prohibited from saving seeds under the plan as countries are forcibly grafted into a regulatory paradigm governed by patent monopolies. Although not every country attending the TPP meetings is on board with this agenda, the stated goal is to force all negotiating parties to make patents on plants available as well as to protect plant varieties under the 1991 Protection of New Varieties of Plants Act (UPOV 1991).
  • "The TPP will eliminate all nation states as the ruling authority and it will be supplanted by corporate authority," adds Hodges. "This will be made possible because of an obscure provision of the TPP known as the Investor State Dispute Settlement (ISDS).""ISDS allows corporations to sue governments, for any government action (at any level, including local government level) which hinders a corporation's future profits. Literally, Monsanto could provably be poisoning the entire population of a nation and the nation could do nothing which might result in the loss of profits to Monsanto."
  • The existing patent monopoly provisions of UPOV 1991 combined with TPP's even stricter one will create an agricultural nightmare for farmers who wish to grow clean, patent-free foods as well as save the seeds of their crops year after year. This will hit poorer farmers particularly hard. The new-found power of multinational corporations under TPP to dictate the agricultural destinies of signatory countries represents yet another plank in the establishment of corporations eventually holding absolute control over food.
  • ...1 more annotation...
  • "[T]he new TPP language will prohibit farmers from saving and exchanging many varieties of seeds -- a practice vital to the livelihood and welfare of traditional farming communities -- and most likely increase multinational control of the farming industry in TPP nations," reads a review of TPP's provisions published in the Harvard Law School Human Rights Journal.
  • Gary Edwards on 23 Jun 15
     
    "TPP will allow evil corporations like Monsanto to rule over national governments One major aim of TPP is to punish countries that attempt to mandate the labeling of genetically-modified organisms (GMOs) or ban them outright. Key provisions in the international decree would allow corporations like Monsanto to actually sue governments for trying to protect their people against GMOs, all in the name of fostering "free trade." Farmers would also be prohibited from saving seeds under the plan as countries are forcibly grafted into a regulatory paradigm governed by patent monopolies. Although not every country attending the TPP meetings is on board with this agenda, the stated goal is to force all negotiating parties to make patents on plants available as well as to protect plant varieties under the 1991 Protection of New Varieties of Plants Act (UPOV 1991). "
Paul Merrell

AIPAC's Plan B? « LobeLog - 0 views

www.lobelog.com/aipacs-plan-b

war & peace Iranian-nukes-myth deal AIPAC-moves

shared by Paul Merrell on 03 Sep 15 - No Cached
  • A summary of a draft bill, which I obtained from a source who asked to remain anonymous, is circulating that is designed (almost certainly by AIPAC) to appeal to those Democrats eager to “kiss and make up” after their defiance of Washington’s most powerful foreign-policy lobby group (whose reputation for omnipotence just took a very heavy hit) and its funders. While much of the summary appears innocuous and consistent with the administration’s own policy and intentions, it also contains a number of “poison pills,” which, if approved, appear calculated to raise new obstacles to implementation and Tehran’s confidence that the U.S. will fully comply with both the spirit and the letter of the JCPOA. With proposed banking sanctions, for example, it appears to do what Fred Kagan and the policy director of the neo-conservative Foreign Policy Initiative (FPI), Juan Zarate, have urged with respect to codifying existing non-nuclear sanctions and reducing or eliminating the president’s waiver authority. (See the Mikulski post for more details.) It also would set up a process for “expedited procedures” that can be used by Congress to approve new terrorism-related sanctions against Iran under certain circumstances and create a Coordinator for Compliance whose responsibilities include not only overseeing Iran’s implementation of the JCPOA but also reporting on non-nuclear issues (like terrorism) that are outside the scope of the agreement.
  • Yet another provision would authorize the delivery to Israel of Washington’s most powerful Massive Ordinance Penetration munitions (MOPs) and the means to deliver them against Iran’s nuclear facilities, a move that administration officials have long said they strongly oppose. This would be one part of a much-enhanced package of military assistance for Israel. Other provisions appear designed to effectively “renegotiate” certain provisions of the JCPOA; for example, by eliminating the exemption of any contracts agreed between Iran and foreign companies during the agreement’s implementation phase in the event that sanctions are “snapped back.” It also requires Iran to abide by the Non-Proliferation Treaty’s (NPT) Additional Protocol as of “adoption day,” even if the Iranian parliament has not yet ratified the Protocol. We hear that the sponsors intend to push this through Congress as a companion to the disapproval resolution. The idea is to enable nervous Democrats to demonstrate their strong support for Israel and their undiluted distrust and hostility toward Iran. They reportedly fear that if this measure isn’t enacted now, then it could prove much more difficult to pass once Iran begins implementing the JCPOA, and particularly if and when the IAEA declares that Iran has cleared up long-pending questions regarding “possible military dimensions” (PMD) of its nuclear program. The IAEA expects to conclude its PMD-related inspections by mid-October and issue a final report by December 15. Here is the summary of the draft bill which, as I understand it, is still very much a work in progress. The Iran Policy Oversight Act of 2015
  • Paul Merrell on 03 Sep 15
     
    Why am I not surprised. The Israel Lobby comes up with plan B.
Paul Merrell

Is the "military option" on Iran off the table? - Baltimore Sun - 0 views

www.baltimoresun.com/...ary-option-20150720-story.html

war & peace U.S.-foreign-policy Iran war-option McGovern

shared by Paul Merrell on 30 Jul 15 - No Cached
  • f, as seems likely, President Barack Obama retains enough support to complete the nuclear deal with Iran, it will be largely because enough members of the House and Senate are persuaded by his argument that the only other real option is war.This was the rhetorical gauntlet the president threw down at his press conference last week. Equally significant, Mr. Obama omitted the until-now obligatory warning that "all options, including the military one, remain on the table."
  • Since then, Israeli media have been pressing hard to restore the military option to its accustomed place "on the table." Flying to Israel Sunday night for a handholding mission with top Israeli officials, U.S. Defense Secretary Ashton Carter tried to make his reception in Tel Aviv less frosty, telling accompanying journalists that the nuclear deal with Iran "does nothing to prevent the military option." The context, however, seemed to be one in which Iran was caught cheating on the nuclear deal.That this kind of rhetoric, even when it is not from the president, is still poison to Tehran was clear in the immediate reaction by Iran's Foreign Minister, Mohammad Javad Zarif, who insisted Monday: "Applying force ... is not an option but an unwise and dangerous temptation."
  • Looking for changes in official public statements was my bread and butter during a long tenure as a Kremlinologist. So on Wednesday, as I watched Mr. Obama defend the deal with Iran, I leaned way forward at each juncture — and there were several — where the timeworn warning about all options being "on the table" would have been de rigueur. He avoided saying it. "All options on the table?" The open-ended nature of this Bush/Cheney-esque bully-type warning is at odds with Western international understandings spanning more than three and half centuries — from the treaties of Westphalia (1648), to the Kellogg-Briand Pact (1928) to the post-World War II Nuremberg Tribunal to the UN Charter (1945). Try raising that with Establishment Washington, though, and be prepared to be dismissed as "picky-picky," or as quaint and as obsolete as the Geneva Conventions. Undergirding all this is the chauvinism reflected in President Obama's repeated reminders that the U.S. "is the sole indispensable country in the world."But in the wake of last week's accord with Iran in Vienna, it is possible now to hope that the "military option" is finally off the table — in reality, if not in occasional rhetorical palliatives for Israel.
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  • Most Americans have no idea of how close we came to making war on Iran in 2008, the last year of the Bush/Cheney administration. Nor do they know of the essential role played by courageous managers of intelligence who, for the first time on the Iran nuclear issue, supervised a strictly evidence-based, from-the-bottom-up National Intelligence Estimate (NIE) that concluded in November 2007 that Iran had stopped working on a nuclear weapon at the end of 2003 and had not resumed that work. That key judgment issued unanimously and "with high confidence" by all 16 U.S. intelligence agencies played a huge role in strengthening the hand of Mike Mullen, then-chairman of the Joint Chiefs of Staff, and other reasonable national security leaders in dissuading President Bush from following Vice President Cheney's prompting to launch a war that would have made the war in Iraq look like a volleyball match between the Quaker School and Ursuline Academy.The juggernaut toward war with Iran was already rolling downhill. Recall that then-CENTCOM commander Adm. William Fallon was abruptly cashiered after saying "we're not going to do Iran on my watch." And Mr. Cheney later admitted churlishly that Mr. Bush had been a big disappointment in giving in to intelligence and military officials on Iran.In Mr. Bush's memoir "Decision Points," he complains bitterly that the NIE "tied my hands on the military side. ... After the NIE, how could I possibly explain using the military to destroy the nuclear facilities of a country the intelligence community said had no active nuclear weapons program?"
  • Paul Merrell on 30 Jul 15
     
    By former CIA senior analyst Ray McGovern. 
Paul Merrell

'US won't veto UN vote on settlements if Israel builds anew' | The Times of Israel - 0 views

www.timesofisrael.com/tlements-if-israel-builds-anew

war & peace Palestine Israel settlements U.N. veto

shared by Paul Merrell on 11 Oct 15 - No Cached
  • he United States reportedly issued Israel an ultimatum this week: announce new settlement construction and Washington won’t veto a Security Council resolution declaring West Bank settlements illegal.
  • Prime Minister Benjamin Netanyahu rejected calls by senior ministers for construction in Jewish settlements in the West Bank in response to an increase in Palestinian terrorism, at a meeting of his security cabinet on Monday. That was because the Obama administration had warned Netanyahu against announcing new construction over the Green Line in response to the uptick in terrorism, Channel 2 reported Tuesday. The report cited senior sources in the Israeli government as saying that the White House told Netanyahu that the US wouldn’t necessarily veto a French-sponsored resolution at the United Nations Security Council. The US has thus far been a staunch supporter of Israel at the UN, protecting it from condemnation in the 15-member council by using its veto power as a permanent member.
  • Washington’s reported threat to not veto the motion at the UN came shortly after a Politico report which said US President Barack Obama had rejected multiple calls by a top Democratic senator that he speak out publicly against a Palestinian statehood resolution at the United Nations. Obama’s refusal, the report said, “highlights how wide the gulf between the Obama administration and Israeli government has become.” The rebuff “unfolded in the context of a personal relationship between Obama and Netanyahu that’s become highly toxic, poisoning US-Israeli relations more widely.” In March, the administration signaled that it would reevaluate its automatic-veto policy at the UN, after Netanyahu asserted in a pre-election interview that there would be no Palestinian state during his tenure. “We are currently reevaluating our approach but it doesn’t mean that we’ve made a decision regarding changing our position at the UN,” State Department spokeswoman Jen Psaki said during a briefing at the time, responding to reports that the US was considering lifting its veto on UN Security Council resolutions toward Palestinian statehood.
  • Paul Merrell on 11 Oct 15
     
    True or false?
Joseph Skues

Why capitalism can't meet human needs - 0 views

www.workers.org/socialism

jobs capitalism OVERPRODUCTION

shared by Joseph Skues on 14 Aug 10 - Cached
  • This crisis began when the housing bubble burst. Capitalist banks were lending money to profit-seeking real estate developers to build houses. The same banks were lending money to mortgage companies to make as many loans as they could. The goal was to boost profits. Soon there were more houses than the workers and the middle class could buy. The prices of homes fell. Mortgages could not be refinanced. Workers could not pay the steep increases in interest rates built into their loans. Banks stopped lending. Millions of households went into foreclosure. Put simply, people became homeless because there were too many houses! Not too many houses that were needed or already here, but too many houses that can be sold at a profit. Furthermore, the workers who build homes and all the workers who make the things that go into homes are losing their jobs because these homes can no longer be sold at a profit. That is the essence of all the capitalist crises that have occurred since the first crisis in 1825. It is the crisis of overproduction.
  • Now the crisis of overproduction is sweeping the auto industry. From the auto industry and the housing industry it is spreading throughout the economy. The stock markets are plummeting because the financial bailouts, the pumping of trillions of dollars into the banks, cannot stop the capitalist economic crisis.
  • Profits consist of unpaid labor.
  • ...17 more annotations...
  • Under the system of capitalist exploitation wealth flows to the top, and the level of inequality is obscene.
  • the super-rich who have all the levers of power in society, owned 34.3 percent of the wealth in 2004.
  • Racism and national oppression
  • distribution of wealth under capitalism
  • the median wealth (that is, savings and other assets) of households by race in 2004 was $140,700 for whites, $20,600 for African Americans and $18,600 for Latin@s
  • Oppression and economic discrimination also fall on women and lesbian, gay, bi and trans people under capitalism
  • sex and gender bias as a way to divide and conquer.
  • A system in which people are homeless because there are too many homes must go
  • How else could 1 percent of the population dominate the workers and oppressed
  • As the present crisis engulfs wider and wider sections of the workers, the potential for bringing about that unity is growing stronger.
  • The Pentagon is nothing more than an enforcer for U.S. capitalism
  • The growing witch-hunt against undocumented workers has the same poisonous, divisive goal.
  • in which workers are losing their jobs and being plunged into poverty because they have produced too much wealth
  • which cannot provide jobs and education but imprisons 2.4 million people
  • majority of them Black and Latin@, is bankrupt
  • where production takes place for human need, not for profit. The class that produces the wealth, the multinational working class, should own and distribute that wealth.
  • Trillions of dollars are now being used to bail out the banks and fund the Pentagon under capitalism. Under socialism, that money would guarantee that everyone would have a decent job and income, free health care, affordable housing, free education, low-cost transportation, healthy, reasonably priced food and much more. The well-being of the multinational working class would be the goal of society, not their exploitation as it is under capitalism.
Paul Merrell

An Israeli takeover of the Palestine Authority…? - Alan Hart - 0 views

www.alanhart.net/ver-of-the-palestine-authority

war & peace Israel Palestine Egypt U.S.-foreign-policy Abbas Dahlan Palestinian-Authority

shared by Paul Merrell on 25 Mar 14 - No Cached
  • On the face of it that’s a silly question and the speculation it represents – that Palestinian “President” Abbas could replaced by an Israeli agent or asset – is not worthy of discussion. But before dismissing it readers might do what I did and consider two things. The first is that Mohammed Dahlan, formerly one of the most powerful Fatah leaders and almost certainly the one who administered for Israel the polonium that killed Arafat, is now putting a big effort into getting rid of Abbas by one means or another and replacing him with – guess who? – himself. In passing it is interesting to note that according to a recent report in the Israeli newspaper Ma’ariv, Netanyahu’s special envoy, Yitzhak Molcho, is in a secret dialogue with Dahlan who spends his time shuttling between Cairo and the U.A.E. where he currently lives. One assumption has to be that Netanyahu is hoping that if Dahlan became “President” of the PA he would go much further than collaborator Abbas in delivering for Israel. (Also worth noting is that Dahlan speaks fluent Hebrew. He learned to do so during his 11 spells in Israeli jails between 1981 and 1986).
  • The second consideration is Israel’s track record in successfully placing its agents inside Arab institutions and organizations at very high levels.
  • My speculation (repeat speculation) is that if Mohammed Dahlan became the “President”, he would be prepared to use force as necessary to impose Israel’s terms for peace on the Palestinians. Dahlan demonstrated his enthusiasm for doing Israeli and American dirty work when, at the request of the Bush administration, he agreed to lead a military campaign to destroy Hamas after its election victory in 2006. The Bush administration provided Dahlan with money and arms and trained his Fatah fighters in a number of Arab countries. But it all went badly wrong for Dahlan and his sponsors. Hamas got wind of what Dahlan (fronting for the Bush administration and Israel) was intending and launched an Israeli-like pre-emptive strike. It destroyed Fatah’s security forces based in the Gaza Strip (which had been Dahlan’s base) and put Fatah politically out of business there. Commenting on what had happened in the Gaza Strip, Hani al-Hassan, for many years Arafat’s crisis manager and one of his two most trusted advisers, said it was “not a war between Fatah and Hamas but between Hamas and Fatah collaborators who served the Americans and the Israelis.”
  • ...3 more annotations...
  • Subsequently the Bush administration exerted heavy pressure on Abbas (which he resisted) to appoint Dahlan as his deputy. And some Palestinian officials said that the U.S. and a number of European countries had made it clear that they would like Dahlan to succeed Abbas as head of the P.A. They presumably believed then, as Netanyahu might well do today, that Dahlan as “President” would use whatever means were necessary to compel the Palestinians to make peace on Israel’s terms. Shortly after his forces were expelled from the Gaza Strip, Dahlan re-established himself in the West Bank. And thereafter tensions between his Fatah supporters and opponents grew and grew. In June 2011 he was expelled from Fatah because of the assumption that he had delivered for Israel whatever it was that poisoned Arafat. Three months later Abbas ordered a raid on Dahlan’s house and the arrest of his private armed guards. Today in exile, and consulting with his allies in Sisi’s Egypt and some Arab Gulf states as well as Israel and America, Dahlan is plotting his comeback to replace Abbas by one means or another.
  • The Ma’ariv article I mentioned above said that Dahlan has claimed that he and not Abbas can be counted on to bring peace, and that in 2010 he reportedly sent a letter to the Obama administration in which he said, “There is no choice but to replace Abbas with someone who can deliver results.” Because Dahlan must know that Israel’s leaders are not remotely interested in peace on terms the Palestinians could accept, I think it is reasonable to assume that the result he has in mind is peace imposed on Israel’s terms – effectively a Palestinian surrender to Zionism’s will. Is a Dahlan/Israeli takeover of the PA really possible? An indication that Abbas seems to think it cannot be ruled out was his request to President Obama that he press Israel to include Marwan Barghouti in the fourth and final batch of Palestinian prisoners due to be released at the end of this month. (Prisoner release was one of the inducements to secure Abbas’s green light for Secretary of State Kerry to launch his “peace process”. But today Netanyahu is under mounting pressure from the neo-fascist tendency to the right of him to say “No” to any further prisoner releases).
  • Barghouti is by far the most popular Palestinian leader and would easily win an election to replace Abbas as “President”. And that, of course, is precisely why Israel won’t release him. So if Abbas can be bullied and bribed by Israel and the U.S. into lifting the ban on Dahlan’s return from exile to the occupied West Bank, he, Dahlan, could be in with a chance. In my view a victory for him would be the final betrayal of the Palestinian cause.
Paul Merrell

Greg Palast: 25 Years After Exxon Valdez, BP Was the Hidden Culprit - Truthdig - 0 views

www.truthdig.com/...hidden_culprit_was_bp_20140323

environment pipelinestan Obama BP Exxon-Valdez Deepwater-Horizon deep-water-drilling

shared by Paul Merrell on 24 Mar 14 - No Cached
  • Two decades ago I was the investigator for the legal team that sold you the bullshit that a drunken captain was the principal cause of the Exxon Valdez disaster, the oil tanker crackup that poisoned over a thousand miles of Alaska’s coastline 25 years ago on March 24, 1989. The truth is far uglier, and the real culprit—British Petroleum, now BP—got away without a scratch to its reputation or to its pocketbook. And because BP’s willful negligence, prevarications and fraud in the Exxon Valdez spill cost the company nothing, its disdain for the law, for the environment and for the safety of its workers was repeated in the Gulf of Mexico with deadly consequences, resulting, two decades later, in the Deepwater Horizon disaster. Just this month, the Obama administration authorized BP to return to drilling in the Gulf.
  • It would be worth the time of our ever-trusting regulators to take a look at my Exxon Valdez BP files. They would see a decades-long pattern of BP’s lies, bribes and cover-ups that led, inexorably, to the Deepwater Horizon blowout—and that continue today within BP’s worldwide oil operations. Advertisement <a href='http://www.truthdig.com/banners/www/delivery/ck.php?n=abee66dc&cb=453495791' target='_blank'><img src='http://www.truthdig.com/banners/www/delivery/avw.php?zoneid=8&cb=453495791&n=abee66dc' border='0' alt='' /></a> Here is a sample from my files on BP from the original Exxon Valdez fraud and racketeering investigation:
Paul Merrell

United States v. United States Dist. Court for Eastern Dist. of Mich., 407 US 297 - Sup... - 0 views

scholar.google.com/scholar_case

surveillance state 4th Amendment constitutional law

shared by Paul Merrell on 27 Dec 13 - No Cached
  • But a recognition of these elementary truths does not make the employment by Government of electronic surveillance a welcome development—even when employed with restraint and under judicial supervision. There is, understandably, a deep-seated uneasiness and apprehension that this capability will be used to intrude upon cherished privacy of law-abiding citizens.[13] We 313*313 look to the Bill of Rights to safeguard this privacy. Though physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed, its broader spirit now shields private speech from unreasonable surveillance. Katz v. United States, supra; Berger v. New York, supra; Silverman v. United States, 365 U. S. 505 (1961). Our decision in Katz refused to lock the Fourth Amendment into instances of actual physical trespass. Rather, the Amendment governs "not only the seizure of tangible items, but extends as well to the recording of oral statements . . . without any `technical trespass under . . . local property law.'" Katz, supra, at 353. That decision implicitly recognized that the broad and unsuspected governmental incursions into conversational privacy which electronic surveillance entails[14] necessitate the application of Fourth Amendment safeguards.
  • National security cases, moreover, often reflect a convergence of First and Fourth Amendment values not present in cases of "ordinary" crime. Though the investigative duty of the executive may be stronger in such cases, so also is there greater jeopardy to constitutionally protected speech. "Historically the struggle for freedom of speech and press in England was bound up with the issue of the scope of the search and seizure 314*314 power," Marcus v. Search Warrant, 367 U. S. 717, 724 (1961). History abundantly documents the tendency of Government—however benevolent and benign its motives —to view with suspicion those who most fervently dispute its policies. Fourth Amendment protections become the more necessary when the targets of official surveillance may be those suspected of unorthodoxy in their political beliefs. The danger to political dissent is acute where the Government attempts to act under so vague a concept as the power to protect "domestic security." Given the difficulty of defining the domestic security interest, the danger of abuse in acting to protect that interest becomes apparent. Senator Hart addressed this dilemma in the floor debate on § 2511 (3):
  • "As I read it—and this is my fear—we are saying that the President, on his motion, could declare— name your favorite poison—draft dodgers, Black Muslims, the Ku Klux Klan, or civil rights activists to be a clear and present danger to the structure or existence of the Government."[15] The price of lawful public dissent must not be a dread of subjection to an unchecked surveillance power. Nor must the fear of unauthorized official eavesdropping deter vigorous citizen dissent and discussion of Government action in private conversation. For private dissent, no less than open public discourse, is essential to our free society.
  • ...8 more annotations...
  • As the Fourth Amendment is not absolute in its terms, our task is to examine and balance the basic values at stake in this case: the duty of Government 315*315 to protect the domestic security, and the potential danger posed by unreasonable surveillance to individual privacy and free expression. If the legitimate need of Government to safeguard domestic security requires the use of electronic surveillance, the question is whether the needs of citizens for privacy and free expression may not be better protected by requiring a warrant before such surveillance is undertaken. We must also ask whether a warrant requirement would unduly frustrate the efforts of Government to protect itself from acts of subversion and overthrow directed against it. Though the Fourth Amendment speaks broadly of "unreasonable searches and seizures," the definition of "reasonableness" turns, at least in part, on the more specific commands of the warrant clause. Some have argued that "[t]he relevant test is not whether it is reasonable to procure a search warrant, but whether the search was reasonable," United States v. Rabinowitz, 339 U. S. 56, 66 (1950).[16] This view, however, overlooks the second clause of the Amendment. The warrant clause of the Fourth Amendment is not dead language. Rather, it has been
  • "a valued part of our constitutional law for decades, and it has determined the result in scores and scores of cases in courts all over this country. It is not an inconvenience to be somehow `weighed' against the claims of police efficiency. It is, or should 316*316 be, an important working part of our machinery of government, operating as a matter of course to check the `well-intentioned but mistakenly overzealous executive officers' who are a part of any system of law enforcement." Coolidge v. New Hampshire, 403 U. S., at 481. See also United States v. Rabinowitz, supra, at 68 (Frankfurter, J., dissenting); Davis v. United States, 328 U. S. 582, 604 (1946) (Frankfurter, J., dissenting). Over two centuries ago, Lord Mansfield held that common-law principles prohibited warrants that ordered the arrest of unnamed individuals who the officer might conclude were guilty of seditious libel. "It is not fit," said Mansfield, "that the receiving or judging of the information should be left to the discretion of the officer. The magistrate ought to judge; and should give certain directions to the officer." Leach v. Three of the King's Messengers, 19 How. St. Tr. 1001, 1027 (1765).
  • Lord Mansfield's formulation touches the very heart of the Fourth Amendment directive: that, where practical, a governmental search and seizure should represent both the efforts of the officer to gather evidence of wrongful acts and the judgment of the magistrate that the collected evidence is sufficient to justify invasion of a citizen's private premises or conversation. Inherent in the concept of a warrant is its issuance by a "neutral and detached magistrate." Coolidge v. New Hampshire, supra, at 453; Katz v. United States, supra, at 356. The further requirement of "probable cause" instructs the magistrate that baseless searches shall not proceed. These Fourth Amendment freedoms cannot properly be guaranteed if domestic security surveillances may be conducted solely within the discretion of the Executive 317*317 Branch. The Fourth Amendment does not contemplate the executive officers of Government as neutral and disinterested magistrates. Their duty and responsibility are to enforce the laws, to investigate, and to prosecute. Katz v. United States, supra, at 359-360 (DOUGLAS, J., concurring). But those charged with this investigative and prosecutorial duty should not be the sole judges of when to utilize constitutionally sensitive means in pursuing their tasks. The historical judgment, which the Fourth Amendment accepts, is that unreviewed executive discretion may yield too readily to pressures to obtain incriminating evidence and overlook potential invasions of privacy and protected speech.[17]
  • It may well be that, in the instant case, the Government's surveillance of Plamondon's conversations was a reasonable one which readily would have gained prior judicial approval. But this Court "has never sustained a search upon the sole ground that officers reasonably expected to find evidence of a particular crime and voluntarily confined their activities to the least intrusive means consistent with that end." Katz, supra, at 356-357. The Fourth Amendment contemplates a prior judicial judgment,[18] not the risk that executive discretion may be reasonably exercised. This judicial role accords with our basic constitutional doctrine that individual freedoms will best be preserved through a separation of powers and division of functions among the different branches and levels of Government. Harlan, Thoughts at a Dedication: Keeping the Judicial Function in Balance, 49 A. B. A. J. 943-944 (1963). The independent check upon executive discretion is not 318*318 satisfied, as the Government argues, by "extremely limited" post-surveillance judicial review.[19] Indeed, post-surveillance review would never reach the surveillances which failed to result in prosecutions. Prior review by a neutral and detached magistrate is the time-tested means of effectuating Fourth Amendment rights. Beck v. Ohio, 379 U. S. 89, 96 (1964).
  • But we do not think a case has been made for the requested departure from Fourth Amendment standards. The circumstances described do not justify complete exemption of domestic security surveillance from prior judicial scrutiny. Official surveillance, whether its purpose be criminal investigation or ongoing intelligence gathering, risks infringement of constitutionally protected privacy of speech. Security surveillances are especially sensitive because of the inherent vagueness of the domestic security concept, the necessarily broad and continuing nature of intelligence gathering, and the temptation to utilize such surveillances to oversee political dissent. We recognize, as we have before, the constitutional basis of the President's domestic security role, but we think it must be exercised in a manner compatible with the Fourth Amendment. In this case we hold that this requires an appropriate prior warrant procedure. We cannot accept the Government's argument that internal security matters are too subtle and complex for judicial evaluation. Courts regularly deal with the most difficult issues of our society. There is no reason to believe that federal judges will be insensitive to or uncomprehending of the issues involved in domestic security cases. Certainly courts can recognize that domestic security surveillance involves different considerations from the surveillance of "ordinary crime." If the threat is too subtle or complex for our senior law enforcement officers to convey its significance to a court, one may question whether there is probable cause for surveillance.
  • Nor do we believe prior judicial approval will fracture the secrecy essential to official intelligence gathering. The investigation of criminal activity has long 321*321 involved imparting sensitive information to judicial officers who have respected the confidentialities involved. Judges may be counted upon to be especially conscious of security requirements in national security cases. Title III of the Omnibus Crime Control and Safe Streets Act already has imposed this responsibility on the judiciary in connection with such crimes as espionage, sabotage, and treason, §§ 2516 (1) (a) and (c), each of which may involve domestic as well as foreign security threats. Moreover, a warrant application involves no public or adversary proceedings: it is an ex parte request before a magistrate or judge. Whatever security dangers clerical and secretarial personnel may pose can be minimized by proper administrative measures, possibly to the point of allowing the Government itself to provide the necessary clerical assistance.
  • Thus, we conclude that the Government's concerns do not justify departure in this case from the customary Fourth Amendment requirement of judicial approval prior to initiation of a search or surveillance. Although some added burden will be imposed upon the Attorney General, this inconvenience is justified in a free society to protect constitutional values. Nor do we think the Government's domestic surveillance powers will be impaired to any significant degree. A prior warrant establishes presumptive validity of the surveillance and will minimize the burden of justification in post-surveillance judicial review. By no means of least importance will be the reassurance of the public generally that indiscriminate wiretapping and bugging of law-abiding citizens cannot occur.
  • As the surveillance of Plamondon's conversations was unlawful, because conducted without prior judicial approval, the courts below correctly held that Alderman v. United States, 394 U. S. 165 (1969), is controlling and that it requires disclosure to the accused of his own impermissibly intercepted conversations. As stated in Alderman, "the trial court can and should, where appropriate, place a defendant and his counsel under enforceable orders against unwarranted disclosure of the materials which they may be entitled to inspect." 394 U. S., at 185.[21]
Paul Merrell

Memo to Potential Whistleblowers: If You See Something, Say Something | Global Research - 0 views

www.globalresearch.ca/...5385860

transparency whistle-blowers resources ExposeFacts.org

shared by Paul Merrell on 07 Jun 14 - No Cached
  • Blowing the whistle on wrongdoing creates a moral frequency that vast numbers of people are eager to hear. We don’t want our lives, communities, country and world continually damaged by the deadening silences of fear and conformity. I’ve met many whistleblowers over the years, and they’ve been extraordinarily ordinary. None were applying for halos or sainthood. All experienced anguish before deciding that continuous inaction had a price that was too high. All suffered negative consequences as well as relief after they spoke up and took action. All made the world better with their courage. Whistleblowers don’t sign up to be whistleblowers. Almost always, they begin their work as true believers in the system that conscience later compels them to challenge. “It took years of involvement with a mendacious war policy, evidence of which was apparent to me as early as 2003, before I found the courage to follow my conscience,” Matthew Hoh recalled this week.“It is not an easy or light decision for anyone to make, but we need members of our military, development, diplomatic and intelligence community to speak out if we are ever to have a just and sound foreign policy.”
  • Hoh describes his record this way: “After over 11 continuous years of service with the U.S. military and U.S. government, nearly six of those years overseas, including service in Iraq and Afghanistan, as well as positions within the Secretary of the Navy’s Office as a White House Liaison, and as a consultant for the State Department’s Iraq Desk, I resigned from my position with the State Department in Afghanistan in protest of the escalation of war in 2009.” Another former Department of State official, the ex-diplomat and retired Army colonel Ann Wright, who resigned in protest of the Iraq invasion in March 2003, is crossing paths with Hoh on Friday as they do the honors at a ribbon-cutting — half a block from the State Department headquarters in Washington — for a billboard with a picture of Pentagon Papers whistleblower Daniel Ellsberg. Big-lettered words begin by referring to the years he waited before releasing the Pentagon Papers in 1971. “Don’t do what I did,” Ellsberg says on the billboard.  “Don’t wait until a new war has started, don’t wait until thousands more have died, before you tell the truth with documents that reveal lies or crimes or internal projections of costs and dangers. You might save a war’s worth of lives.
  • The billboard – sponsored by the ExposeFacts organization, which launched this week — will spread to other prominent locations in Washington and beyond. As an organizer for ExposeFacts, I’m glad to report that outreach to potential whistleblowers is just getting started. (For details, visit ExposeFacts.org.) We’re propelled by the kind of hopeful determination that Hoh expressed the day before the billboard ribbon-cutting when he said: “I trust ExposeFacts and its efforts will encourage others to follow their conscience and do what is right.” The journalist Kevin Gosztola, who has astutely covered a range of whistleblower issues for years, pointed this week to the imperative of opening up news media. “There is an important role for ExposeFacts to play in not only forcing more transparency, but also inspiring more media organizations to engage in adversarial journalism,” he wrote. “Such journalism is called for in the face of wars, environmental destruction, escalating poverty, egregious abuses in the justice system, corporate control of government, and national security state secrecy. Perhaps a truly successful organization could inspire U.S. media organizations to play much more of a watchdog role than a lapdog role when covering powerful institutions in government.”
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  • Overall, we desperately need to nurture and propagate a steadfast culture of outspoken whistleblowing. A central motto of the AIDS activist movement dating back to the 1980s – Silence = Death – remains urgently relevant in a vast array of realms. Whether the problems involve perpetual war, corporate malfeasance, climate change, institutionalized racism, patterns of sexual assault, toxic pollution or countless other ills, none can be alleviated without bringing grim realities into the light. “All governments lie,” Ellsberg says in a video statement released for the launch of ExposeFacts, “and they all like to work in the dark as far as the public is concerned, in terms of their own decision-making, their planning — and to be able to allege, falsely, unanimity in addressing their problems, as if no one who had knowledge of the full facts inside could disagree with the policy the president or the leader of the state is announcing.” Ellsberg adds: “A country that wants to be a democracy has to be able to penetrate that secrecy, with the help of conscientious individuals who understand in this country that their duty to the Constitution and to the civil liberties and to the welfare of this country definitely surmount their obligation to their bosses, to a given administration, or in some cases to their promise of secrecy.”
  • Right now, our potential for democracy owes a lot to people like NSA whistleblowers William Binney and Kirk Wiebe, and EPA whistleblower Marsha Coleman-Adebayo. When they spoke at the June 4 news conference in Washington that launched ExposeFacts, their brave clarity was inspiring. Antidotes to the poisons of cynicism and passive despair can emerge from organizing to help create a better world. The process requires applying a single standard to the real actions of institutions and individuals, no matter how big their budgets or grand their power. What cannot withstand the light of day should not be suffered in silence. If you see something, say something.
  • Paul Merrell on 07 Jun 14
     
    While some governments -- my own included -- attempt to impose an Orwellian Dark State of ubiquitous secret surveillance, secret wars, the rule of oligarchs, and public ignorance, the Edward Snowden leaks fanned the flames of the countering War on Ignorance that had been kept alive by civil libertarians. Only days after the U.S. Supreme Court denied review in a case where a reporter had been ordered to reveal his source of information for a book on the Dark State under the penalties for contempt of court (a long stretch in jail), a new web site is launched for communications between sources and journalists where the source's names never need to be revealed. This article is part of the publicity for that new weapon fielded by the civil libertarian side in the War Against Ignorance.  Hurrah!
Paul Merrell

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

electronicintifada.net/...ad-arafat-would-benefit-israel

war & peace Israel Palestine Arafat assassination Shin-Bet

shared by Paul Merrell on 03 Jun 14 - No Cached
  • A “top secret” Israeli intelligence memo from 2000 concluded that the “disappearance” of Palestinian leader Yasser Arafat would be beneficial to Israel. The memo, revealed in a book to be published this week by British-Israeli political scientist Ahron Bregman, adds evidence to support the thesis that Arafat, who died in November 2004 in a French military hospital, was assassinated. The Electronic Intifada obtained an advance copy of Bregman’s book, Cursed Victory: A History of Israel and the Occupied Territories (Penguin).
  • Bregman himself is circumspect about whether Israel had a hand in Arafat’s death, but sees a number of clues, including public statements by then Prime Minister Ariel Sharon that Israel wanted him dead and was prepared to kill him. Yet Bregman finds a “clear indication that the Israelis did intend to kill Arafat” in a “Top Secret” document dated 15 October 2000 – a few months before Sharon came to power and a few weeks into the second Palestinian uprising – from the Shabak, Israel’s General Security Service (also known as Shin Bet).
  • Bregman then describes the document’s reasoning and conclusions: After going through “why Arafat is necessary,” and then “why Arafat is not necessary,” the document says that “the damage [Arafat] causes is bigger than his benefits….” And the subsequent conclusion is straightforward: “7. Arafat, the person, is a serious threat to the security of the state. His disappearance outweighs the benefits of his continuing existence.” And yet, even this Shabak “Top Secret” report does not provide us with enough evidence of assassination and we will probably have to wait for more information to ascertain what really killed Arafat.
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  • Al Jazeera English investigative reporting since 2012 has revealed that Arafat’s personal effects contained high levels of the radioactive element polonium. Independent Swiss scientists later conducted tests on Arafat’s exhumed remains and concluded there was “moderate” support for the theory that Yasser Arafat was poisoned. While separate French and Russian scientific reports, also based on samples of Arafat’s remains, cast doubt on the conclusions by the Swiss radiation scientists at the Radiophysics Institute in Lausanne, the Swiss have hit back explaining why the French conclusions were flawed.
  • The French and Russian reports – unlike the Swiss findings – were never made public, but the Swiss scientists obtained copies and have explained, in an article in the Swiss magazine Le Temps last month, why the French and Russian test results actually support their conclusions. All three reports found high levels of polonium-210 in Arafat’s body. “Not only were the levels of polonium of the same order” in all three reports, Le Temps says, “but the scientists also noted similar differences” among the samples from different parts of Arafat’s remains. The key difference was not therefore in the test results, but in the interpretation.
  • The French concluded that the high level of the radioactive element was caused by radon, a naturally occurring element in the environment, but had not taken any measurements from the surrounding area to support this thesis. According to the Swiss, the French conclusion amounts to speculation. The more thorough Swiss, by contrast, did take samples from the surrounding area. Le Temps reports: “The Swiss anticipated the possible interference of radon. In their report they demolish the hypothesis. Not only was the level of radon in the sealed tomb very weak, but the soil situated under [Arafat’s] abdominal cavity, and therefore in contact with the body, was 17 times more ‘contaminated’ than soil situated far from the body.”
  • The presence of radon, which would be the same throughout the area, could not possibly explain such concentrations. While the Swiss findings look stronger than ever, the debate continues. Bregman’s revelations add a new, albeit circumstantial element, showing that Israeli intelligence, which has assassinated many Palestinian leaders, saw a rationale for eliminating Arafat as well.
  • Paul Merrell on 03 Jun 14
     
    For those who support secret violence by governments, may the fleas of a thousand camels infest your armpits for the remainder of your lives.  
Paul Merrell

The US's Vicious Colonial War - LewRockwell.com - 0 views

www.lewrockwell.com/...the-uss-vicious-colonial-war

war & peace U.S.-foreign-policy Afghanistan war-on-drugs™

shared by Paul Merrell on 03 Nov 14 - No Cached
  • The last British soldiers were airlifted out of Afghanistan last week, marking the sorry end of Britain’s fourth failed invasion of Afghanistan. With them went the last detachment of US Marines in Helmand. Well has Afghanistan earned its title, “Graveyard of Empires.” To be more precise, this honor belongs to Afghanistan’s Pashtun (or Pathan) mountain tribes, who bend their knees for no man and take pride in war.
  • The US garrison in Kabul will continue to make Afghanistan safe for opium, which is the base for heroin. Americans have simply turned a blind eye to their ownership if the world’s top producer of heroin. As Washington orates about the so-called War on Drugs, Afghan opium production rose in 2013 from $2 billion to $3 billion. The UN says over 500,000 acres of land in Afghanistan are now devoted to the opium poppy – right under the eyes of the US garrison. While US-installed rulers in Kabul pay lip service to opium eradication, the rural warlords who support them, and receive stipends from CIA, continue to grow rich on the opium trade. Trying to blame Taliban for the scourge of opium is dishonest: when Taliban was in power it eradicated almost all of the nation’s opium production, reported he UN Drug Agency, except in the region controlled by the Communist Northern Alliance – which today shares power in Kabul. When the full history of the Afghan war is finally written, CIA’s involvement in that nation’s drug trade will become a notorious episode. French intelligence became deeply involved in the Laotian opium trade to pay its Lao mercenaries. The US was up to its ears with its Contra allies in the Central American cocaine trade.
  • Any native “disturbance” would be bombed and strafed by the RAF. In the 1920’s, Winston Churchill authorized RAF to use poison gas bombs against restive Pashtun and Kurdish tribesmen. Ironically, seven decades later I discovered British scientists who had been sent by HM government to Iraq to build germ weapons for Saddam Hussein to use against Iran. Similarly, the “Pax Americana” will be enforced by US airpower based at Bagram. US warplanes flying from Bagram, Qatar, and aircraft carriers on 24 hour call have been the only force keeping the Pashtun movement Taliban at bay. Without intense employment of US air power, western occupation forces, like the Imperial British armies before them, would have been driven from Afghanistan. Without US air power, garrison troops and large numbers of “civilian contractors” and old-fashioned mercenaries the Kabul puppet regime would soon be swept away. Afghanistan’s government army is likely to collapse as quickly as Iraq’s did before ISIS. Most of southern Afghanistan would declare for Taliban which, however harsh, is the nation’s only authentic political movement apart from the Tajik and Uzbek Communists in the north.
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  • The old imperialists are gone, but the occupation of Afghanistan continues. The new regime in Kabul just installed by Washington to replace uncooperative former ally Hamid Karzai, rushed to sign an “agreement” allowing the United States to keep some 10,000 soldiers in Afghanistan for years. This garrison will be exempt from all Afghan laws. However, there’s much more to this arrangement. The US combat troops, tactfully labeled “trainers” or “counter-terrorist forces,” are too few in number to dominate all Afghanistan. Their task is to defend Kabul’s sock puppet government from its own people and to defend the all-important US Bagram airbase. Washington clearly plans to continue ruling Afghanistan and Iraq the same way that the British Empire did. Small numbers of British troops garrisoned the capital; white officers led the native mercenary army. But Britain’s real power was exercised by RAF units based in Iraq and Northwest Frontier Province.
  • Now, US intelligence has besmirched its name once again aiding and abetting Afghan drug lords so as to supposedly wage war on “terrorists.” In dirt-poor Afghanistan, there are only two sources of income: money from Washington, and from narcotics. The collusion of senior members of government, military and police is necessary to export tons of opium to either Pakistan, Central Asia or Russia – where morphine addiction is now a major epidemic. Adding to this shameful record, the US Congressional auditor for Special Reconstruction of Afghanistan just reported that much of the $104 billion appropriated for Afghan “reconstruction” has to no surprise been wasted or stolen. Some of it has been used to irrigate opium poppy fields. Spare parts are unavailable for Russian helicopters bought by the US for use in battling Taliban and supposed opium fighting. Why? Because the US-imposed trade sanctions on Russia bars the US from buying the spare part. Catch-22.
  • By now, the longest war in US history has cost some $1 trillion, maybe more. No one can properly account for the billions and billions of US dollars flown into Afghanistan and Iraq and dished out to the natives – or the numbers of Afghans killed. For Washington’s allies, like Canada and Britain, the war has been a total waste of lives and treasure. For Canada, 158 dead for nothing; for Britain 453. Forget all the phony claims about “mission” and “nation building.” This has been yet another dirty little colonial war that is better forgotten – and never repeated. So this war will simmer on, at least until Washington finds some face-saving way out of the mess in the Hindu Kush. If the US was wise, it would simply quit Afghanistan. But power, like opium, is highly addictive. So America’s longest war will drag on and on.
Paul Merrell

Charlie Hebdo: Paris attack brothers' campaign of terror can be traced back to Algeria ... - 0 views

www.independent.co.uk/...o-algeria-in-1954-9969184.html

war & peace Paris terrorists™ Algeria FLN colonialism

shared by Paul Merrell on 12 Jan 15 - No Cached
  • Algeria. Long before the identity of the murder suspects was revealed by the French police – even before I heard the names of Cherif and Said Kouachi – I muttered the word “Algeria” to myself. As soon as I heard the names and saw the faces, I said the word “Algeria” again. And then the French police said the two men were of “Algerian origin”. For Algeria remains the most painful wound within the body politic of the Republic – save, perhaps, for its continuing self-examination of Nazi occupation – and provides a fearful context for every act of Arab violence against France. The six-year Algerian war for independence, in which perhaps a million and a half Arab Muslims and many thousands of French men and women died, remains an unending and unresolved agony for both peoples. Just over half a century ago, it almost started a French civil war.
  • But there’s an important context that somehow got left out of the story this week, the “history corner” that many Frenchmen as well as Algerians prefer to ignore: the bloody 1954-62 struggle of an entire people for freedom against a brutal imperial regime, a prolonged war which remains the foundational quarrel of Arabs and French to this day.The desperate and permanent crisis in Algerian-French relations, like the refusal of a divorced couple to accept an agreed narrative of their sorrow, poisons the cohabitation of these two peoples in France. However Cherif and Said Kouachi excused their actions, they were born at a time when Algeria had been invisibly mutilated by 132 years of occupation. Perhaps five million of France’s six and a half million Muslims are Algerian. Most are poor, many regard themselves as second-class citizens in the land of equality.
  • More than 100 years earlier, France had invaded Algeria itself, subjugating its native Muslim population, building small French towns and chateaux across the countryside, even – in an early 19th-century Catholic renaissance which was supposed to “re-Christianise” northern Africa – converting mosques into churches.The Algerian response to what today appears to be a monstrous historical anachronism varied over the decades between lassitude, collaboration and insurrection. A demonstration for independence in the Muslim-majority and nationalist town of Sétif on VE Day – when the Allies had liberated the captive countries of Europe – resulted in the killing of 103 European civilians. French government revenge was ruthless; up to 700 Muslim civilians – perhaps far more – were killed by infuriated French “colons” and in bombardment of surrounding villages by French aircraft and a naval cruiser. The world paid little attention.
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  • But when a full-scale insurrection broke out in 1954 – at first, of course, ambushes with few French lives lost and then attacks on the French army – the sombre war of Algerian liberation was almost preordained. Beaten in that classic post-war anti-colonial battle at Dien Bien Phu, the French army, after its debacle in 1940, seemed vulnerable to the more romantic Algerian nationalists who noted France’s further humiliation at Suez in 1956.
  • What the historian Alistair Horne rightly described in his magnificent history of the Algerian struggle as “a savage war of peace” took the lives of hundreds of thousands. Bombs, booby traps, massacres by government forces and National Liberation Front guerrillas in the “bled” – the countryside south of the Mediterranean – led to the brutal suppression of Muslim sectors of Algiers, the assassination, torture and execution of guerrilla leaders by French paratroopers, soldiers, Foreign Legion operatives – including German ex-Nazis – and paramilitary police. Even white French sympathisers of the Algerians were “disappeared”. Albert Camus spoke out against torture and French civil servants were sickened by the brutality employed to keep Algeria French.
  • The Algerian conflict finished in a bloodbath. White “pied noir” French colonists refused to accept France’s withdrawal, supported the secret OAS in attacking Algerian Muslims and encouraged French military units to mutiny. At one point, De Gaulle feared that French paratroopers would try to take over Paris.When the end came, despite FLN promises to protect French citizens who chose to stay in Algeria, there were mass killings in Oran.
  • And when the Algerian civil war of the 1980s commenced – after the Algerian army cancelled a second round of elections which Islamists were sure to win – the corrupt FLN “pouvoir” and the Muslim rebels embarked on a conflict every bit as gruesome as the Franco-Algerian war of the 1950s and 1960s. Torture, disappearances, village massacres all resumed. France discreetly supported a dictatorship whose military leaders salted away millions of dollars in Swiss banks.Algerian Muslims returning from the anti-Soviet war in Afghanistan joined the Islamists in the mountains, killing some of the few remaining French citizens in Algeria. And many subsequently left to fight in the Islamist wars, in Iraq and later Syria.Enter here the Kouachi brothers, especially Chérif, who was imprisoned for taking Frenchmen to fight against the Americans in Iraq. And the United States, with French support, now backs the FLN regime in its continuing battle against Islamists in Algeria’s deserts and mountain forests, arming a military which tortured and murdered thousands of men in the 1990s.As an American diplomat said just before the 2003 invasion of Iraq, the United States “has much to learn” from the Algerian authorities. You can see why some Algerians went to fight for the Iraqi resistance. And found a new cause…
Paul Merrell

Feds operated yet another secret metadata database until 2013 | Ars Technica - 0 views

arstechnica.com/...t-metadata-database-until-2013

surveillance state DEA phone-metadata litigation

shared by Paul Merrell on 18 Jan 15 - No Cached
  • In a new court filing, the Department of Justice revealed that it kept a secret database of telephone metadata—with one party in the United States and another abroad—that ended in 2013. The three-page partially-redacted affidavit from a top Drug Enforcement Agency (DEA) official, which was filed Thursday, explained that the database was authorized under a particular federal drug trafficking statute. The law allows the government to use "administrative subpoenas" to obtain business records and other "tangible things." The affidavit does not specify which countries records were included, but specifically does mention Iran. This database program appears to be wholly separate from the National Security Agency’s metadata program revealed by Edward Snowden, but it targets similar materials and is collected by a different agency. The Wall Street Journal, citing anonymous sources, reported Friday that this newly-revealed program began in the 1990s and was shut down in August 2013.
  • The criminal case involves an Iranian-American man named Shantia Hassanshahi, who is accused of violating the American trade embargo against Iran. His lawyer, Mir Saied Kashani, told Ars that the government has clearly abused its authority. "They’ve converted this from a war on drugs to a war on privacy," he said. "[Hassanshahi] is not accused of any drug crime but they used this drug enforcement information to gather information against him, that's contrary to the law, and we will revisit that. We will bring motions in the court and we will appeal if necessary." Neither the DEA nor the Department of Justice immediately responded to Ars' query as to whether this program is continuing under a different authority.
  • The story begins in 2011, when a Department of Homeland Security (DHS) agent received a tip about someone who might be in violation of American sanctions against Iran. The source provided an e-mail from an Iranian businessman, Manoucher Sheiki, who was involved in acquiring power grid equipment. A second Homeland Security agent, Joshua Akronowitz, wrote in a 2013 affidavit that he searched Sheiki’s Iranian phone number in this database, but declined to explain exactly what kind of database it was. Akronowitz found that the Iranian number came up exactly one time in the database, and was linked to an 818 number, based in Los Angeles County. That number turned out to be the Google Voice number of Hassanshahi. DHS then subpoenaed Google, and got Hassanshahi’s call log and later, metadata on his Gmail account. By early 2012, the agency found out that he was set to return to Los Angeles from Iran. At LAX Airport, customs agents seized his phone, laptop, thumb drives, camcorder, and SIM cards and sent them to Homeland Security. Last year, Kashani, Hassanshahi’s lawyer, argued that this evidence should be suppressed on account that it was the "fruit of the poisonous tree"—obtained via illicit means. In support of his arguments, Kashani cited an important ongoing NSA-related lawsuit, Klayman v. Obama, which remains the only instance where a judge has order the NSA metadata program to be shut down—that order was stayed pending an appeal. (Earlier this month, Ars explored Klayman and other pending notable surveillance cases.)
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  • In a December 2014 opinion in the Hassanshahi case, US District Judge Rudolph Contreras allowed the evidence, but also required that the government provide a "declaration summarizing the contours of the law enforcement database used by Homeland Security Investigations to discover Hassanshahi’s phone number, including any limitations on how and when the database may be used." To comply with the judge’s order, Robert Patterson, the assistant special agent in charge of the DEA, wrote in the Thursday filing: As noted, this database was a federal law enforcement database. It could be used to query a telephone number where federal law enforcement officials had a reasonable articulable suspicion that the telephone number at issue was related to an ongoing federal criminal investigation. The Iranian number was determined to meet this standard based on specific information indicating that the Iranian number was being used for the purpose of importing technological goods to Iran in violation of United States law. Previously, the government had not revealed exactly how it began its investigation of Hassanshahi, and only referred cryptically to "[DHS]-accessible law enforcement databases," in Akronowitz’ 2013 and  2014 affidavits.
  • Similarly, other privacy-minded legal experts questioned the government’s tactics in this new revelation. "We just don’t know about the scope of these things, and that’s what’s disturbing," Andrew Crocker, a legal fellow at the Electronic Frontier Foundation, told Ars. His colleague, Hanni Fakhoury, an EFF attorney who used to be a federal public defender, added that he was "not surprised." "Bulk surveillance technologies and the dangerous legal theories that are used to support them trickle down, and here's a prime example of that," he wrote by e-mail. "The DEA's mandate is of course important but not at the level of national security where as you know there are serious legal questions about the propriety of this collection of phone metadata. And if the DEA has a program like this, it wouldn't surprise me if other agencies do too for other sorts of records the government has claimed it can collect with a subpoena (like bank records)."
  • Patrick Toomey, an attorney with the American Civil Liberties Union, chimed in to say that this indeed was a clear example of government overreach. "This disclosure underscores how the government has expanded its use of bulk collection far beyond the NSA and the national-security context, to rely on mass surveillance in ordinary criminal investigations," he said by e-mail. "It’s now clear that multiple government agencies have tracked the calls that Americans make to their parents and relatives, friends, and business associates overseas, all without any suspicion of wrongdoing," Toomey continued. "The DEA program shows yet again how strained and untenable legal theories have been used to secretly justify the surveillance of millions of innocent Americans using laws that were never written for that purpose."
  • Paul Merrell on 18 Jan 15
     
    The authorizing statute clearly limits the scope of the administrative subpoena authority to drug related criminal investigations. "In any investigation relating to his functions under this subchapter with respect to controlled substances, listed chemicals, tableting machines, or encapsulating machines, the Attorney General may subpena witnesses, compel the attendance and testimony of witnesses, and require the production of any records (including books, papers, documents, and other tangible things which constitute or contain evidence) which the Attorney General finds relevant or material to the investigation."
Paul Merrell

Update on Iran Sanctions Legislation « LobeLog - 0 views

www.lobelog.com/-on-iran-sanctions-legislation

war & peace Iranian-nukes-myth Iran-sanctions legislation

shared by Paul Merrell on 18 Jan 15 - No Cached
  • The sponsors of the latest Kirk-Menendez Iran sanctions bill appear determined to move the legislation as quickly as possible, although it has yet to be formally introduced. Of course, both Obama and visiting British Prime Minister David Cameron came out strongly against any sanctions legislation during their joint press appearance at the White House Friday, warning that approval risked sabotaging not only the ongoing negotiations, but also unity among the P5+1 (U.S., U.K, France, Russia, China plus Germany) themselves. In olden times one would have expected most Republicans to take seriously what a British prime minister–especially one from Winston Churchill’s Conservative Party–has to say about a foreign policy issue of mutual interest. But the combination of their real hatred for Obama and purported love for Israel (and especially for the campaign funds from wealthy Republican Jewish Coalition donors like Sheldon Adelson) is likely to supersede the historic “special relationship” extolled by Churchill himself. In any event, the best and most up-to-date summary of where things stand was provided in the weekly Legislative Round-Up by Lara Friedman of Americans for Peace Now (APN), lengthy excerpts of which are reproduced below with permission. (APN legislative round-ups are an excellent source for tracking what’s happening on Capitol Hill on Middle East policy.) Note that there are two parts to her account: the first is regarding an AIPAC draft that circulated earlier this week (and Lara’s analysis of that legislation); the second, an updated version circulated at week’s end apparently in the hope of securing more Democratic support, as well as Lara’s analysis of that draft.
  • Updated analysis of Kirk-Menendez text (as of 3pm, 1/16) In some annoying corollary to Murphy’s Law, shortly after posting analysis of the draft text of the new Kirk-Menendez sanctions bill (in which it was noted that the text should not be considered final or authoritative), a newer draft of the bill began circulating (underscoring the oddness of AIPAC circulating a “summary” of the bill while it was/is apparently still being tweaked).  Bearing in mind that this new text should still not be considered final or authoritative, the following are some observations about this newer text:
  • Existing sanctions don’t snap back, but additional sanctions relief remains elusive: This newer text repeats language in the earlier draft to the effect that while following an agreement (and required notification to Congress) the President may not waive any sanctions on Iran until Congress has had time to review the deal and the Administration’s plans to verify Iranian compliance. The newer version includes language – completely absent in the earlier draft – stipulating that this ban on waiving sanctions does not apply to sanctions previously waived under the JPOA. Notably, the updated version of the bill still stipulates that the Congressional review period during which the President is barred from waiving any new sanctions must last “30 days of continuous session of Congress,” and defines “continuous session” as not including periods where Congress is in recess for more than 3 days.  What does this mean? Looking at the House Calendar for 2105 and counting the days, it means that if the President sends the details of a deal and the required “verification assessment” to Congress on July 5, no new sanctions may be waived until at least November 13.
  • ...3 more annotations...
  • Automatic new sanctions if no agreement or further delay: Like the earlier version, this text stipulates that new sanctions would automatically be imposed, escalating over a period of months, in the event that  the Presidents fails to send to Congress the details of a comprehensive deal reached with Iran and the required “verification assessment” by July 5. This appears to apply even in the case of an additional extension or the sides agreeing to a period to iron out the details of implementation of an agreement.  It also stipulates that in the event that the President fails to send to Congress the details of a comprehensive deal reached with Iran and the required “verification assessment” by July 5, any sanctions previously waived by the President under the JPOA will automatically snap back on.
  • Laying out far-reaching parameters for a deal: Like in the previous version, the Sense of Congress included in the bill is, by definition, non-binding. It nonetheless sends a strong statement of Congressional intent. And this Sense of Congress, like the previous version, sends a statement of hardline red lines in order for any deal to be acceptable to Congress (and the lengthy review period imposed by this bill clearly implies that Congress will be reviewing any agreement to determine if it meets its standards – and implies that if it does not meet its standards, there will be concrete consequences). Promising that sanctions will continue, regardless of a deal. While, like in the previous version, the Sense of Congress is by definition non-binding, it nonetheless sends a strong statement of Congressional intent. And this Sense of Congress once again makes clear that even if there is a deal that verifiably addresses U.S. concerns about Iran’s nuclear program, Congress will seek to continue to impose far-reaching sanctions against Iran for other reasons.
  • Planting the seeds for a deal to far apart:  The key provisions of this updated version of the bill, even amended, are a clear poison pill for any agreement.  In effect, this bill undermines negotiations and weakens U.S. negotiators. Rather than offering more sanctions relief to Iran in exchange for a deal, it prohibits it, and establishes a 4-month period during which the President is explicitly deprived of any authority to deliver anything to Iran beyond what was already delivered during negotiations. Assuming Iran would agree to a deal under such circumstances – which is doubtful – this bill sets into motion a dynamic in which Iranian opponents of a diplomacy will have an easy time arguing against the deal, and in which mischief-makers in Congress will have ample time to push ahead with new legislation rejecting a deal or putting new conditions on its implementation and limitations on sanctions relief. And given the Sense of Congress in this bill – which makes the case for continued Iran sanctions even after a nuclear deal, it is not a stretch to imagine that members of Congress would adopt such an approach during this 4 month waiting period.
  • Paul Merrell on 18 Jan 15
     
    Remember that the Israeli-firsters goal is not actually do do anything about Iranian nuclear weapons: there are none. There goal is to shoot down the negotiations and for the U.S. to bomb Iran back into the Stone Age.
Paul Merrell

iSpy: The CIA Campaign to Steal Apple's Secrets - 0 views

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surveillance state CIA iPhones iPads encryption-vulnerabilities

shared by Paul Merrell on 11 Mar 15 - No Cached
  • ESEARCHERS WORKING with the Central Intelligence Agency have conducted a multi-year, sustained effort to break the security of Apple’s iPhones and iPads, according to top-secret documents obtained by The Intercept. The security researchers presented their latest tactics and achievements at a secret annual gathering, called the “Jamboree,” where attendees discussed strategies for exploiting security flaws in household and commercial electronics. The conferences have spanned nearly a decade, with the first CIA-sponsored meeting taking place a year before the first iPhone was released. By targeting essential security keys used to encrypt data stored on Apple’s devices, the researchers have sought to thwart the company’s attempts to provide mobile security to hundreds of millions of Apple customers across the globe. Studying both “physical” and “non-invasive” techniques, U.S. government-sponsored research has been aimed at discovering ways to decrypt and ultimately penetrate Apple’s encrypted firmware. This could enable spies to plant malicious code on Apple devices and seek out potential vulnerabilities in other parts of the iPhone and iPad currently masked by encryption.
  • The CIA declined to comment for this story. The security researchers also claimed they had created a modified version of Apple’s proprietary software development tool, Xcode, which could sneak surveillance backdoors into any apps or programs created using the tool. Xcode, which is distributed by Apple to hundreds of thousands of developers, is used to create apps that are sold through Apple’s App Store. The modified version of Xcode, the researchers claimed, could enable spies to steal passwords and grab messages on infected devices. Researchers also claimed the modified Xcode could “force all iOS applications to send embedded data to a listening post.” It remains unclear how intelligence agencies would get developers to use the poisoned version of Xcode. Researchers also claimed they had successfully modified the OS X updater, a program used to deliver updates to laptop and desktop computers, to install a “keylogger.”
  • Other presentations at the CIA conference have focused on the products of Apple’s competitors, including Microsoft’s BitLocker encryption system, which is used widely on laptop and desktop computers running premium editions of Windows. The revelations that the CIA has waged a secret campaign to defeat the security mechanisms built into Apple’s devices come as Apple and other tech giants are loudly resisting pressure from senior U.S. and U.K. government officials to weaken the security of their products. Law enforcement agencies want the companies to maintain the government’s ability to bypass security tools built into wireless devices. Perhaps more than any other corporate leader, Apple’s CEO, Tim Cook, has taken a stand for privacy as a core value, while sharply criticizing the actions of U.S. law enforcement and intelligence agencies. “If U.S. products are OK to target, that’s news to me,” says Matthew Green, a cryptography expert at Johns Hopkins University’s Information Security Institute. “Tearing apart the products of U.S. manufacturers and potentially putting backdoors in software distributed by unknowing developers all seems to be going a bit beyond ‘targeting bad guys.’ It may be a means to an end, but it’s a hell of a means.”
Paul Merrell

Obama Should Release Ukraine Evidence | Consortiumnews - 0 views

consortiumnews.com/...hould-release-ukraine-evidence

war & peace Ukraine Russia U.S.-foreign-policy VIPS MH17 Obama Kerry Clapper must-read

shared by Paul Merrell on 31 Jul 14 - No Cached
  • With the shoot-down of Malaysia Airlines Flight 17 over Ukraine turning a local civil war into a U.S. confrontation with Russia, U.S. intelligence veterans urge President Obama to release what evidence he has about the tragedy and silence the hyperbole. MEMORANDUM FOR: The President FROM: Veteran Intelligence Professionals for Sanity (VIPS) SUBJECT: Intelligence on Shoot-Down of Malaysian Plane Executive Summary
  • U.S.–Russian tensions are building in a precarious way over Ukraine, and we are far from certain that your advisers fully appreciate the danger of escalation. The New York Times and other media outlets are treating sensitive issues in dispute as flat-fact, taking their cue from U.S. government sources. Twelve days after the shoot-down of Malaysian Airlines Flight 17, your administration still has issued no coordinated intelligence assessment summarizing what evidence exists to determine who was responsible – much less to convincingly support repeated claims that the plane was downed by a Russian-supplied missile in the hands of Ukrainian separatists.
  • We, the undersigned former intelligence officers want to share with you our concern about the evidence adduced so far to blame Russia for the July 17 downing of Malaysian Airlines Flight 17. We are retired from government service and none of us is on the payroll of CNN, Fox News, or any other outlet. We intend this memorandum to provide a fresh, different perspective.
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  • Regarding the Malaysia Airlines shoot-down of July 17, we believe Kerry has typically rushed to judgment and that his incredible record for credibility poses a huge disadvantage in the diplomatic and propaganda maneuvering vis-a-vis Russia. We suggest you call a halt to this misbegotten “public diplomacy” offensive. If, however, you decide to press on anyway, we suggest you try to find a less tarnished statesman or woman.
  • As intelligence professionals we are embarrassed by the unprofessional use of partial intelligence information. As Americans, we find ourselves hoping that, if you indeed have more conclusive evidence, you will find a way to make it public without further delay. In charging Russia with being directly or indirectly responsible, Secretary of State John Kerry has been particularly definitive. Not so the evidence. His statements seem premature and bear earmarks of an attempt to “poison the jury pool.”
  • If the U.S. has more convincing evidence than what has so far been adduced concerning responsibility for shooting down Flight 17, we believe it would be best to find a way to make that intelligence public – even at the risk of compromising “sources and methods.” Moreover, we suggest you instruct your subordinates not to cheapen U.S. credibility by releasing key information via social media like Twitter and Facebook. The reputation of the messenger for credibility is also key in this area of “public diplomacy.” As is by now clear to you, in our view Secretary Kerry is more liability than asset in this regard. Similarly, with regard to Director of National Intelligence James Clapper, his March 12, 2013 Congressional testimony under oath to what he later admitted were “clearly erroneous” things regarding NSA collection should disqualify him. Clapper should be kept at far remove from the Flight 17 affair. What is needed, if you’ve got the goods, is an Interagency Intelligence Assessment – the genre used in the past to lay out the intelligence. We are hearing indirectly from some of our former colleagues that what Secretary Kerry is peddling does not square with the real intelligence. Such was the case late last August, when Kerry created a unique vehicle he called a “Government (not Intelligence) Assessment” blaming, with no verifiable evidence, Bashar al-Assad for the chemical attacks near Damascus, as honest intelligence analysts refused to go along and, instead, held their noses.
  • We believe you need to seek out honest intelligence analysts now and hear them out. Then, you may be persuaded to take steps to curb the risk that relations with Russia might escalate from “Cold War II” into an armed confrontation. In all candor, we see little reason to believe that Secretary Kerry and your other advisers appreciate the enormity of that danger. In our most recent (May 4) memorandum to you, Mr. President, we cautioned that if the U.S. wished “to stop a bloody civil war between east and west Ukraine and avert Russian military intervention in eastern Ukraine, you may be able to do so before the violence hurtles completely out of control.” On July 18, you joined the top leaders of Germany, France, and Russia in calling for an immediate ceasefire. Most informed observers believe you have it in your power to get Ukrainian leaders to agree. The longer Kiev continues its offensive against separatists in eastern Ukraine, the more such U.S. statements appear hypocritical. We reiterate our recommendations of May 4, that you remove the seeds of this confrontation by publicly disavowing any wish to incorporate Ukraine into NATO and that you make it clear that you are prepared to meet personally with Russian President Putin without delay to discuss ways to defuse the crisis and recognize the legitimate interests of the various parties. The suggestion of an early summit got extraordinary resonance in controlled and independent Russian media. Not so in “mainstream” media in the U.S. Nor did we hear back from you. The courtesy of a reply is requested.
  • Paul Merrell on 31 Jul 14
     
    Veteran Intelligence Professionals for Sanity (VIPS) savage thecredibility of John Kerry and James Clapper, saying that Kerry's claims of Russian responsibility for shooting down MH17 are at odds with what they are being told by intelligence analysts still working for the government, and challenge Obama to release any evidence he has to support Kerry's version of events. Reading the entire communique is highly recommended.
Paul Merrell

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

m.apnews.com/...contentdetail.htm

war & peace Israel Palestine Gaza ICC war crimes

shared by Paul Merrell on 05 Aug 14 - No Cached
  • In a replay of the last major Gaza conflict, human rights defenders are again accusing Israel and Hamas of violating the rules of war, pointing to what they say appear to be indiscriminate or deliberate attacks on civilians.In 2009, such war crimes allegations leveled by U.N. investigators - and denied by both sides at the time - never came close to reaching the International Criminal Court.Some Palestinians hope the outcome will be different this time, in part because President Mahmoud Abbas, as head of a U.N.-recognized state of Palestine, has since earned the right to turn directly to the court.Still, the road to the ICC, set up in 2002 to prosecute war crimes, is filled with formidable political obstacles.
  • Israel and the United States strongly oppose bringing any possible charges stemming from the Israeli-Palestinian conflict before the court, arguing such proceedings could poison the atmosphere and make future peace talks impossible.If Abbas seeks a war crimes investigation of Israel, he could lose Western support and expose Hamas - a major Palestinian player - to the same charges.
  • Unlike in 2009, Abbas has the option of turning to the court directly because of the upgrade in legal standing awarded by the U.N. General Assembly in 2012. At the time, the assembly recognized "Palestine" in the West Bank, Gaza and east Jerusalem as a non-member observer state, meeting the ICC requirement of accepting requests for jurisdiction from states over crimes committed in their territory.After 20 years of failed negotiations with Israel, many Palestinians believe the ICC offers the only opportunity to hold Israel accountable, not only for Gaza military operations, but for continued expansion of settlement-building on occupied lands. With daily scenes of Gaza carnage, the West Bank-based Abbas is under growing pressure to join the court.He still hesitates, because going after Israel at the ICC would signal a fundamental policy shift, instantly turning his tense relationship with Israel into a hostile one and creating a rift with the United States.
  • ...1 more annotation...
  • He also has Hamas to consider, since action against Israel would likely trigger a war crimes investigation of Hamas as well. The Islamic militant group seized Gaza from Abbas in 2007, and relations between the two rivals remain tense. However, they reached a power-sharing agreement in the spring and Abbas does not want to return to confrontations with Hamas.Last week, Abbas told leaders of PLO factions in the West Bank that he would only turn to the ICC if Hamas agrees, in writing. Abbas aide Saeb Erekat told The Associated Press on Monday that he put the request to the top Hamas leader in exile, Khaled Mashaal, in a meeting in Doha last week. Erekat said he was told that Hamas needs time to decide.
  • Paul Merrell on 05 Aug 14
     
    Some conflicting reports on Palestine taking Israel to the International Criminal Court charging war crimes. The conflict may be because of the different times they were published This article published yesterday says that Abbas said last week that he would only do so if Hamas agrees and said he was awaiting a decision by Hamas. But the Haaretz live blog on Gaza says that "Palestinian Foreign Minister Riad al-Malki says after meeting prosecutors at the International Criminal Court [today] that there was "clear evidence" that Israel committed war crimes in  Gaza." http://www.haaretz.com/news/diplomacy-defense/1.608928 So it sounds like Palestine has initiated the process at the ICC and that Hamas leadership has decided to accept the risk that they will face war crime charges themselves. If so, that's a strong sign that some nation has agreed to bankroll the Palestine government if the U.S. ends its aid to Palestine. Most likely Qatar from what I've read. The U.N. Human Rights Council has already launched its own investigation of potential war crimes committed during Israel's latest invasion of Gaza. An article passed by me sometime during the last 48 hours that quoted the Chief Prosecutor at the ICC to the effect that she would act if Palestine filed charges but said that "the ball is in Palestine's court." The ICC has been widely criticized for its preference of convicting the leaders of African nations rather than of caucasian nations. Given that circumstance, the Court of 15 judges may welcome the Palestinian opportunity to prove that it is willing to convict leaders of a non-African nation. Certainly, Israel's occupation and colonization of Palestine since hostilities ceased in 1967 offers more than fertile ground for such a case. I have to admit that I enjoy my mental picture of Benjamin Netanyahu in chains standing in the Court's dock in The Hague. 
Paul Merrell

Middle East Updates / Syria claims terror groups used chlorine as weapon - Middle East ... - 0 views

www.haaretz.com/...1.629384

war & peace syria WMD chlorine claims

shared by Paul Merrell on 03 Dec 14 - No Cached
  • 2:57 P.M. Syria claims terror groups used chlorine as weapon Syria's vice foreign minister has denied that his government ever used chemical weapons or chlorine during the country's brutal civil war and warns that terror groups are using such weapons. The comments Monday by Faysal Mekdad to a meeting of the Organization for the Prohibition of Chemical Weapons underscored what could be the organization's next major challenge, even as it comes close to fully eliminating Damascus' deadly stockpile of nerve agents and poison gas. Mekdad said Monday that terror groups "have used chlorine gas in several of the regions of Syria and Iraq." The government of President Bashar Assad is widely believed to have unleashed chemical weapons during the civil war, but there are growing fears that terror groups like Islamic State also could use chlorine as a weapon. (AP)
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