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Paul Merrell

Explainer: why the Greek election is so important - 0 views

  • The Greek election on January 25 will be the most important in recent memory. If the pollsters are proven correct, Syriza is poised to win by a large margin and this victory will end four decades of two-party rule in Greece. Since 2010 – and as a result of austerity measures – the country has seen its GDP shrink by nearly a quarter, its unemployment reach a third of the labour force and nearly half of its population fall below the poverty line. With the slogan “hope is coming” Syriza, a party that prior to 2012 polled around 4.5% of the vote, seems to have achieved the impossible: creating a broad coalition that, at least rhetorically, rejects the TINA argument (There Is No Alternative) that previous Greek administrations have accepted. In its place, Syriza advocates a post-austerity vision, both for Greece and Europe, with re-structuring of sovereign debt at its centre. How significant is this victory for Europe and the rest of the world? Comments range from grave concerns about the impact on the euro and the global economy to jubilant support for the renewal of the European left. For sure, Syriza is at the centre of political attention in Europe.
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    Economic havoc looks to be about to break Greece's two-party political system as a third party, Syriza rises to take control of government. Might a similar event happen in the U.S. if the economy gets much worse, as seems about to happen because of the collapse of the petro-dollar? If so, what might the new coalition look like in the U.S.? This article points out that in Greece, Syriza is uniting demographic elements viewed as leftist. But the what is regarded as the left in the U.S., progressives, liberals, socialists, and communists, historically has been incapable of organizing in a way to assert political power for decades because they invariably fall for the choice of two evils argument and vote Democratic in general elections. It seems to be much the same story on the right in the U.S. For example, the Tea Party was co-opted by the Republican Party in general elections from the Tea Party's inception. What has been particularly troubling to me is that the American left and right actually agree on very many issues, but the divide-and-conquer strategy of the corporate/globalist/war machine of the oligarchy has so instilled hatred between the right and the left that it's been impossible to form a third-party that pushes an agenda driven by majority public opinion. To me, a new party that focuses on areas of broad agreement and avoids areas of disagreement seems to be the most likely candidate to break the the rule of our present usurpers of democracy. But if we are to create a new Majority Party (I like that name) based on majority opinion, how do we get past the hatred, particularly given that the usurpers will do their level best to fan the fire of hatred even more as the Majority Party gains numbers? And what to do about majority opinions that are formed by false usurper propaganda, e.g., the current propaganda campaigns that drive the pro-war agenda? They've been able to create majorities, e.g., for renentry of the U.S. military into Iraq to fight ISIL,
Paul Merrell

Reassured by NSA's Internal Procedures? Don't Be. They Still Don't Tell the Whole Story... - 0 views

  • Yesterday, the Guardian released two previously-classified documents describing the internal "minimization" and "targeting" procedures used by the NSA to conduct surveillance under Section 702. These procedures are approved by the Foreign Intelligence Surveillance Court (FISC) on an annual basis and are supposed to serve as the bulwark between the NSA's vast surveillance capabilities and the private communications of Americans. As we noted earlier today, the procedures, themselves, aren't reassuring: far too much discretion is retained by NSA analysts, the procedures frequently resolve doubt in favor of collection, and information is obtained that could otherwise never be obtained without a warrant. Which would be bad enough, if it were the end of the story. But it's not.
  • Unless the government substantially changed the procedures between August 2010 and October 2011, these are the very procedures that the FISC eventually found resulted in illegal and unconstitutional surveillance. In October 2011, the FISC issued an 86-page opinion finding that collection carried out under the NSA's classified minimization procedures was unconstitutional. The opinion remains secret, but it is very likely that yesterday's leaked NSA documents show the very minimization procedures the Director of National Intelligence admitted the FISC had found resulted in surveillance that was “unreasonable under the Fourth Amendment" and "circumvented the spirit of the law." And for good reason: the procedures are unconstitutional. They allow for the government to obtain and keep huge amounts of information it could never Constitutionally get without a warrant based on probable cause. As we explained, the procedures are designed such that the NSA will routinely fail to exclude or remove United States persons' communications, and the removal of those communications are wholly entrusted to the "reasonable discretion" of an analyst.  
  • Yesterday, the Guardian released two previously-classified documents describing the internal "minimization" and "targeting" procedures used by the NSA to conduct surveillance under Section 702. These procedures are approved by the Foreign Intelligence Surveillance Court (FISC) on an annual basis and are supposed to serve as the bulwark between the NSA's vast surveillance capabilities and the private communications of Americans. As we noted earlier today, the procedures, themselves, aren't reassuring: far too much discretion is retained by NSA analysts, the procedures frequently resolve doubt in favor of collection, and information is obtained that could otherwise never be obtained without a warrant. Which would be bad enough, if it were the end of the story. But it's not. The targeting and minimization documents released yesterday are dated a few months after the first publicly known scandal over the new FAA procedures: In April 2009, the New York Times reported that Section 702 surveillance had “intercepted the private e-mail messages and phone calls of Americans . . . on a scale that went beyond the broad legal limits established by Congress." In June 2009, the Times reported that members of Congress were saying NSA's "recent intercepts of the private telephone calls and e-mail messages of Americans are broader than previously acknowledged." Rep. Rush Holt described the problems as "so flagrant that they can't be accidental."
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  • Presumably, following these "flagrant" abuses (and likely in response to the Congressional criticism of the original procedures), the government refined the procedures. The documents released yesterday are the "improved" targeting and minimization procedures, which appear to have been reused the following year, in 2010, in the FISC's annual certification. But these amended procedures still didn't stop illegal spying under Section 702. Unless the government substantially changed the procedures between August 2010 and October 2011, these are the mimization rules that the FISC eventually found to result in illegal and unconstitutional surveillance. In October 2011, the FISC issued an 86-page opinion finding that collection carried out under the NSA's minimization procedures was unconstitutional. The opinion remains secret, but it is likely that yesterday's leaked NSA documents show the very procedures the Director of National Intelligence admitted had been found to result in surveillance that was “unreasonable under the Fourth Amendment" and "circumvented the spirit of the law." And for good reason: the procedures are unconstitutional.
  • EFF has been litigating to uncover this critical FISC opinion through the Freedom of Information Act and to uncover the "secret law" the government has been hiding from the American public. And EFF isn't alone in fighting for the release of these documents. A bipartisan coalition of Senators just announced legislation that would require the Attorney General to declassify significant FISC opinions, a move they say would help put an end to precisely this kind of "secret law."
Paul Merrell

Israel losing Democrats, 'can't claim bipartisan US support,' top pollster warns | The ... - 0 views

  • hree quarters of highly educated, high income, publicly active US Democrats — the so-called “opinion elites” — believe Israel has too much influence on US foreign policy, almost half of them consider Israel to be a racist country, and fewer than half of them believe that Israel wants peace with its neighbors. These are among the findings of a new survey carried out by US political consultant Frank Luntz
  • Detailing the survey results to The Times of Israel on Sunday, Luntz called the findings “a disaster” for Israel. He summed them up by saying that the Democratic opinion elites are converting to the Palestinians, and “Israel can no longer claim to have the bipartisan support of America.” He said he “knew there was a shift” in attitudes to Israel among US Democrats “and I have been seeing it get worse” in his ongoing polls. But the new findings surprised and shocked him, nonetheless. “I didn’t expect it to become this blatant and this deep.” A prominent US political consultant known best for his work with Republicans, Luntz is meeting with a series of high-level Israeli officials this week to discuss the survey and consult on how to grapple with the trends it exposes.
  • • Asked whether the US should support Israel or the Palestinians, a vast 90% of Republicans and a far lower 51% of Democrats said Israel. Another 8% of Republicans and 31% of Democrats were neutral. And 18% of Democrats said the Palestinians, compared to 2% of Republicans. Overall, 68% of those polled said the US should support Israel, and 10% said the US should support the Palestinians. • Asked about which side they themselves support, 88% of Republicans and 46% of Democrats said they were “pro-Israeli” while 4% of Republicans and 27% of Democrats said they were “pro-Palestinian.” • Asked if settlements are an impediment to peace, 75% of Democrats and 25% of Republicans agreed.
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  • • Asked whether Israel wants peace with its neighbors, while an overwhelming 88% of Republicans said it does, a far lower 48% of Democrats agreed. Another 21% of Democrats didn’t know or were neutral (as compared to 7% of Republicans). And 31% of Democrats did not think Israel wants peace (as compared to 5% of Republicans). • Asked whether they would be more likely to vote for a local politician who supported Israel and its right to defend itself, an overwhelming 76% of Republicans said yes, but only 18% of Democrats said yes. Meanwhile, only 7% of Republicans — but 32% of Democrats — said they would be less likely to support a local politician who backed Israel. • Asked whether they would be more likely to vote for a local politician who criticized Israeli occupation and mistreatment of Palestinians, 45% of Democrats said yes, compared to just 6% of Republicans. Asked whether they would be less likely to vote for a local politician who criticized Israeli occupation and mistreatment of Palestinians, a whopping 75% of Republicans said yes, compared to just 23% of Democrats.
  • “Israel has won the hearts and minds of Republicans in America, while at the same time it is losing the Democrats,” he said. On US politics, “I’m right of center,” he added. “But the Israeli government and US Jews have to focus on repairing relations with the Democrats.” Luntz put a series of largely Israel-related questions to 802 members of the opinion elites and his findings have a 3.5% margin of error. The survey, sponsored by the Jewish National Fund, was conducted last week. Among the key findings: • Asked about Israeli influence on US foreign policy, an overwhelming 76% of Democrats, as compared to 20% of Republicans, said Israel has “too much influence.” • Asked whether Israel is a racist country, 47% of Democrats agreed it is, as opposed to 13% of Republicans. Another 21% of Democrats didn’t know or were neutral (as opposed to 12% of Republicans), and only 32% of Democrats disagreed when asked if Israel is a racist country, as opposed to 76% of Republicans. (Overall 32% of those polled said Israel is a racist country.)
  • A specialist in finding and testing the language that can impact public opinion, Luntz was vehement that Israel’s “messaging” has to be different if support for Israel among US Democrats is to be revived. “Obviously, policy has something to do with it, but the messaging is critical,” he said. “And the Republicans have to realize that their rhetoric is part of the problem: It’s not security that needs to be highlighted, but [Israel’s] social justice and human rights.” Underlining Israel’s role in protecting human rights and promoting equality could be particularly resonant, he said. The “words that work best” among Republicans, he said, are those along the lines of, “Israel is our strongest ally in the Middle East, and attempts to destroy the country economically and politically could do direct harm to the United States.” By contrast, the “words that work best” among Democrats are those to the effect that, “We should be encouraging more communication and cooperation, not less. We should be encouraging more diplomacy and discussion, not less.”
  • More specifically, when it comes to the most effective messaging, Luntz found that the statement “Women in Israel have exactly the same rights as men. No other Middle Eastern country offers women fully equal rights” was particularly well received among Democrats, as was the declaration, “Everyone in Israel is free to practice their religion and worship their God. No other Middle Eastern country offers similar religious protections.” By contrast, responses were markedly less positive to statements about the need for a Jewish homeland after the Holocaust, Israeli claims to the Holy Land, and Israel’s start-up technology prowess. Widely resonant among all those polled, he found, was the statement that “Despite the ongoing conflict with Gaza, Israel still donates tens of millions in humanitarian aid to Palestinians and opens its hospitals to treat them.”
  • “They don’t care about the ‘Start-Up Nation,'” he said flatly of American opinion elites in general. “It’s tragic that so much effort has been devoted to selling an image of Israel that many aren’t interested in buying.” Still more drastically, Luntz said the word “Zionism” could play no part in messaging designed to repair relations with US Democrats. There has to be an “end to the [use of the] word Zionism,” he said. “You can’t make the case if you use that word. If you are at Berkeley or Brown and start outlining a Zionist vision, you don’t get to make a case for Israel because they’ve already switched off.” He also predicted that Israel is in for “a lot more trouble” from the BDS (Boycott, Divestment & Sanctions) campaign. Once they had been informed about the BDS campaign, 19% of respondents supported it — 31% of Democrats and 3% of Republicans. And, stressed Luntz, 60% of America’s opinion elites said they were not familiar with BDS. “Israel is already having trouble with BDS, and Americans don’t even know what it means. Can you imagine how bad it will get?”
  • He also foresaw a looming battle in the US over foreign aid to Israel. Some 33% of Democrats and 22% of Republicans, his poll found, were upset that “Israel gets billions and billions of dollars in funding from the US government that should be going to the American people.” Luntz also asked whether respondents see anti-Semitism as a problem in the US. Overall, 58% agreed with the idea that anti-Semitism is a problem in America (57% of Republicans and 64% of Democrats), compared to 28% who disagreed. “Non-Jews recognize the problem, even if some Israelis want to minimize it,” he said. Ironically, the poll also found, 50% of Democrats and 18% of Republicans (and 36% of all respondents) agreed with the proposition that “Jewish people are too hyper-sensitive and too often label legitimate criticisms of Israel as an anti-Semitic attack.”
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    So the cure is supposedly "better messaging" rather than substantive reforms in Israel. Anything but behave as a civilized nation. 
Gary Edwards

The worst rise to the top - Mises Economic Blog - 0 views

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    Very interesting post from Douglas French concerning the repubican primaries and F.A. Hayek's "Road to Serfom" comments on modern politics. Fascinating stuff. Hayek argues that, in politics, "the worst rise to the top", and he outlines three reasons why: .... Choosing is the problem. Informed people are more "nuanced" - they have many divergent opinions and views. Uniformity however drives the group dynamics behind a democratic process. Uniformity of opinion rules, and the less informed a person is, the more uniform and drawn to larger groups they will be. The "lowest common denominator" rule rules the democratic process. Mobocracy at work. .... Those on top, pursuing the political leadership positions, must appeal to the masses and weave together the groups driven by the "lowest common denominator" rule. The docile and gullible "are ready to accept whatever values and ideology drummed into them". Advantage to big media, the socialist assemblage ruling public education, and public workers unions. ..... Third, political leaders "don't promote a positive agenda, but a negative one of hating an enemy and envy of the wealthy. To appeal to the masses, leaders preach an "us" against "them" program." The great unwashed and uninformed being guided and driven "by emotion and passion rather than critical thinking." Not sure i agree with any of this, much as i admire and recognize the importance of Hayek and his seminal, game changing "Road to Serfdom". One reason is that some of the most informed people i know are goose stepping socialist hell bent on ending individual liberty - as in "life, liberty and the pursuit of happiness", in exchange for Marxist social equality. Another reason i would disagree is that the salt of the earth "bitter clingers" Reagan Conservatives that rock the Tea Party movement are exactly what the establishment elites call the "uninformed masses". Not sure if that's what Hayek meant, but his viewpoint does look a
Paul Merrell

FindLaw | Cases and Codes - 0 views

  • SMITH v. MARYLAND, 442 U.S. 735 (1979)
  • The telephone company, at police request, installed at its central offices a pen register to record the numbers dialed from the telephone at petitioner's home. Prior to his robbery trial, petitioner moved to suppress "all fruits derived from" the pen register. The Maryland trial court denied this motion, holding that the warrantless installation of the pen register did not violate the Fourth Amendment. Petitioner was convicted, and the Maryland Court of Appeals affirmed. Held: The installation and use of the pen register was not a "search" within the meaning of the Fourth Amendment, and hence no warrant was required. Pp. 739-746. (a) Application of the Fourth Amendment depends on whether the person invoking its protection can claim a "legitimate expectation of privacy" that has been invaded by government action. This inquiry normally embraces two questions: first, whether the individual has exhibited an actual (subjective) expectation of privacy; and second, whether his expectation is one that society is prepared to recognize as "reasonable." Katz v. United States, 389 U.S. 347 . Pp. 739-741.
  • (b) Petitioner in all probability entertained no actual expectation of privacy in the phone numbers he dialed, and even if he did, his expectation was not "legitimate." First, it is doubtful that telephone users in general have any expectation of privacy regarding the numbers they dial, since they typically know that they must convey phone numbers to the telephone company and that the company has facilities for recording this information and does in fact record it for various legitimate business purposes. And petitioner did not demonstrate an expectation of privacy merely by using his home phone rather than some other phone, since his conduct, although perhaps calculated to keep the contents of his conversation private, was not calculated to preserve the privacy of the number he dialed. Second, even if petitioner did harbor some subjective expectation of privacy, this expectation was not one that society is prepared to recognize as "reasonable." When petitioner voluntarily conveyed numerical information to the phone company and "exposed" that information to its equipment in the normal course of business, he assumed the risk that the company would reveal the information [442 U.S. 735, 736]   to the police, cf. United States v. Miller, 425 U.S. 435 . Pp. 741-746. 283 Md. 156, 389 A. 2d 858, affirmed.
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    The Washington Post has reported that "on July 15 [2001], the secret surveillance court allowed the NSA to resume bulk collection under the court's own authority. The opinion, which remains highly classified, was based on a provision of electronic surveillance law, known as "pen register, trap and trace," that was written to allow law enforcement officers to obtain the phone numbers of incoming and outgoing calls from a single telephone line." .  The seminal case on pen registers is the Supreme Court's 1979 Smith v. Maryland decision, bookmarked here and the Clerk's syllabus highlighted, with the Court's discussion on the same web page. We will be hearing a lot about this case decision in the weeks and months to come.  Let it suffice for now to record a few points of what my antenna are telling me:  -- Both technology and the law have moved on since then. We are 34 years down the line from the Smith decision. Its pronouncements have been sliced and diced by subsequent decisions. Not a single Justice who sat on the Smith case is still on the High Bench.   -- In Smith, a single pen register was used to obtain calling information from a single telephone number by law enforcement officials. In the present circumstance, we face an Orwellian situation of a secret intelligence agency with no law enforcement authority forbidden by law from conducting domestic surveillance perusing and all digital communications of the entire citizenry. -- The NSA has been gathering not only information analogous to pen register results but also the communications of American citizens themselves. The communications themselves --- the contents --- are subject to the 4th Amendment warrant requirement. Consider the circuitous route of the records ordered to be disclosed in the Verizon FISA order. Verizon was ordered to disclose them to the FBI, not to the NSA. But then the FBI apparently forwards the records to the NSA, who has both the "pen register
Paul Merrell

American Democracy is Owned by the Rich | Al Jazeera America - 1 views

  • Two new studies by political scientists offer compelling evidence that the rich use their wealth to control the political system and that the U.S. is a democratic republic in name only. In a study of Senate voting patterns, Michael Jay Barber found that “senators’ preferences reflect the preferences of the average donor better than any other group.” In a similar study of the House of Representatives, Jesse H. Rhodes and Brian F. Schaffner found that, “millionaires receive about twice as much representation when they comprise about 5 percent of the district’s population than the poorest wealth group does when it makes up 50 percent of the district.” In fact, the increasing influence of the rich over Congress is the leading driver of polarization in modern politics, with the rich using the political system to entrench wealth by pushing for tax breaks and blocking redistributive policies.
  • At the turn of the decade, political scientists Larry Bartels, Jacob Hacker and Martin Gilens wrote several incredibly influential important books arguing, persuasively, that the preferences of the rich were better represented in Congress than the poor. After the books were published, there was a flurry of research arguing that they had overstated their case. Critics alleged two key defects in Bartels’ and Gilens’ arguments. First, because polling data on the super-wealthy were sparse, it was difficult to prove that there were large differences in opinion. Political scientists often rely on composite measures of policy liberalism, but since the poor tend to be more economically liberal but socially conservative, the differences between the poor and moderately rich can often be obscured. Second, there was no way to show that influence of the wealthy was caused directly by the influence of money. It might well be that the rich are simply opinion leaders or are more likely to vote.
  • Recent research offers compelling answers to these criticisms. The new evidence adds credence to the Bartels-Gilens-Hacker view that money is corrupting American politics. By using a massive database of ideology that includes the super wealthy, Schaffner and Rhodes found that “members of Congress are much more responsive to the wealthy than to their poor constituents.” However, this difference is not equal between both parties; rather, Democrats are far more responsive to the poor than Republicans. (This is not surprising; other research supports this claim.) They find that both parties strongly favor the upper-middle class, those with $100,000 to $300,000 in wealth. But Republicans are not only more responsive to the rich, but particularly to rich donors. Schaffner and Rhodes argue that, “campaign donations, but not voter registration or participation in primary or general election, may help explain the disproportionate influence of the wealthy among Republican representatives.” Barber’s study is the first to directly examine the policy preferences of the donor class. Barber sent 20,500 letters to people who contributed to 22 Senate elections in 2012 and asked about various policy questions. This allowed Barber to examine the differences in representation between donors and non-donors. His finding: Donors’ preferences tend to be far better represented than non-donors’. The chart below measures the ideological differences between various groups, with 0 indicating a perfect fit. The data show that Senators are almost perfectly aligned with their donors, but rather distant from voters.
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  • In fact, politicians are almost perfectly aligned with donors, but less aligned with partisans (people who voted for the Senator and share party affiliation), supporters (people who voted for the Senator) and voters in general. He Barber also finds that donors tend to be far more extreme in their views (see chart below). For instance, while about sixty percent of non-donor Republicans oppose the Affordable Care Act, opposition among donors is “almost unanimous.” Barber also notes that donors tend to be far more extreme than non-donors (see chart). (This is supported by other studies).
  • Such data could explain the rising polarization of Congress, as politicians increasingly respond to their donors, rather than to voters. Political scientists Walter J. Stone and Elizabeth N. Simas have found that challengers raise more money when they take extreme positions, which helps explain why incumbent representatives tend to be more partisan than departing representatives. It certainly explains the intransigence of the last two Congresses: Republicans, who are responding to their rich donor base, are incentivized to oppose any action, particularly those supporting Obama, lest they lose funding. Since Senators have to raise approximately $3,300 a day every year for six years to remain viable, they will inevitably have to succumb to the power of money if they wish to be reelected. This research raises the disturbing thought that our political system is no longer representative. As Barber notes, about half of all donors are from out of state, meaning that politicians are no longer responsive to their voters (though they are slightly more during election years). Given that only .22 percent of Americans made a donation of more than $200 (the level Barber studies) in 2014, we have power evidence that America is now a government of the one percent — indeed, of the one-fifth of one percent.
  • This disturbing trend affects politics at all levels. At the state level, political scientists Gerald Wright and Elizabeth Rigby found that state party platforms are far more influenced by the rich than the poor. Elsewhere, Barber found evidence that presidents are more responsive to donors than non-donors. Recently Griffin and Newman found representation gaps between whites and people of color as well as low-income voters. This finding is supported by Christopher Ellis, who found that donors were better represented than non-donors (although using a less comprehensive method than Barber). In a frank moment, U.S. Sen. Chris Murphy (D – Conn.) said, “I talked a lot more about carried interest inside of that call room than I did in the supermarket.” He’s correct: Donors tending to be far richer and wealthier than non-donors (see chart).
  • There are still unanswered questions. It is possible that politicians cast ideological votes to appease donors and partisans (for instance, the vain attempt to repeal the Affordable Care Act dozens of times), while also working to benefit the poor and middle class through less visible means. This might explain why political journalists, who often focus on major legislation, miss the distributional impacts of political appointments and regulatory action. It may be that politicians work to maximize votes, and then political donations follow (though there is strong evidence this isn’t the case). Either way, the most up-to-date evidence strongly suggests that money is distorting our system, and that evidence appears to be growing stronger by the day.
  • The solution, as a recent Demos report suggests, is to help reformist candidates gather donations with a public matching system. Since voters who are non-donors are less ideological, the solution is to balance out the political distortions from the donor class by turning these non-donors into donors. Citizens United has only increased the stranglehold of moneyed interests on our political system, and is daily choking the life of our democracy. Only by restoring influence to all voters will our republic be restored.
Paul Merrell

BDS SOUTH AFRICA: ISRAEL INCHES CLOSER TO 'TIPPING POINT' OF SOUTH AFRICA-STYLE BOYCOTT... - 0 views

  • Analogies with apartheid regime in the wake of Mandela’s death could accelerate efforts to ostracize Israel. This has happened in recent days: The Dutch water company Vitens severed its ties with Israeli counterpart Mekorot; Canada’s largest Protestant church decided to boycott three Israeli companies; the Romanian government refused to send any more construction workers; and American Studies Association academics are voting on a measure to sever links with Israeli universities. Coming so shortly after the Israeli government effectively succumbed to a boycott of settlements in order to be eligible for the EU’s Horizon 2020 scientific cooperation agreement, it is hard to avoid the conclusion that the BDS (Boycott, Divestment and Sanctions) movement is picking up speed. And the writing on the wall, if anyone missed it, only got clearer and sharper in the wake of the death of Nelson Mandela.
  • When the United Nations passed its first non-binding resolution calling for a boycott of South Africa in 1962, it was staunchly opposed by a bloc of Western countries, led by Britain and the United States. But the grassroots campaign that had started with academic boycotts in the late 1950s gradually moved on to sports and entertainment and went on from there to institutional boycotts and divestment. Along the way, the anti-apartheid movement swept up larger and larger swaths of Western public opinion, eventually forcing even the most reluctant of governments, including Israel and the U.S., to join the international sanctions regime. 
  • We’re really great at knowing where thresholds are after we fall off the cliff, but that’s not very helpful,” as lake ecologist and “tipping point” researcher Stephen Carpenter told USA today in 2009.  Israel could very well be approaching such a threshold. Among the many developments that could be creating the required critical mass one can cite the passage of time since the Twin Towers attacks in September 2001, which placed Israel in the same camp as the U.S. and the West in the War on Terror; Israel’s isolation in the campaign against Iran’s nuclear programs; the disappearance of repelling archenemies such as Osama bin Laden, Muammar Gadhafi, Mahmoud Ahmadinejad and, to a lesser degree, Yasser Arafat; the relative security and lack of terror inside Israel coupled with its own persistent settlement drive; and the negative publicity generated by revelations of racism in Israeli society, the image of its rulers as increasingly rigid and right wing and the government’s own confrontations with illegal African immigrants and Israeli Bedouin, widely perceived as being tinged with bias and prejudice.  In recent days, American statesmen seem to be more alarmed about the looming danger of delegitimization than Israelis are. In remarks to both the Saban Forum and the American Joint Distribution Committee this week, Secretary of State John Kerry described delegitimization as “an existential danger." Vice President Joe Biden, speaking to the same JDC forum, went one step further: “The wholesale effort to delegitimize Israel is the most concentrated that I have seen in the 40 years I have served. It is the most serious threat in my view to Israel’s long-term security and viability.” 
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  • One must always take into account the possibility of unforeseen developments that will turn things completely around. Barring that, the only thing that may be keeping Israel from crossing the threshold and “going over the cliff” in the international arena is Kerry’s much-maligned peace process, which is holding public opinion and foreign governments at bay and preventing a “tipping point” that would dramatically escalate the anti-Israeli boycott campaign.  Which only strengthens Jeffrey Goldberg’s argument in a Bloomberg article on Wednesday that Kerry is “Israel’s best friend." It also highlights, once again, how narrow-minded, shortsighted and dangerously delusional Kerry’s critics, peace process opponents and settlement champions really are (though you can rest assured that if and when the peace process collapses and Israel is plunged into South African isolation, they will be pointing their fingers in every direction but themselves.
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    Note that this article's original is behind a paywall in Haaretz, one of Israel's market-leading newspapers.  There can be no questioning of the facts that: [i] the Palestinian Boycott, Divesment, and Sanctions ("BDS") movement is rapidly gaining strength globally; and [ii] that factor weighs heavily in the negotiations between Israel and Palestine for a two-state solution. Although not bluntly stated, the BSD movement's path runs directly to a single-state solution that would sweep Israel's present right-wing government from power and result in a secular state rather than a "Jewish state." And the E.U., Israel's largest export market, has promised to go even farther in sanctioning Israel than the considerable distance it has already gone if the negotiations do not result in a two state solution. Labeling all products produced wholly or in part in Israel-occupied Palestine territory is among the mildest of sanctions under discussion, a measure already adopted in two E.U. nations. The BSD Movement's success has also been marked by Israel attaining the pariah state status previously experienced by South Africa. Only the U.S., Canada, and a half-dozen or so tiny island nations closely aligned with the U.S. still vote in favor of Israel at the U.N. For example, the vote on granting Palestine U.N. observer state status was 138-9, with 41 abstentions.  The prospect of an end to the non-secular Jewish state has enormous ramifications for U.S. foreign policy, not the least of which is the influence of the Israel lobby in the U.S. that has thus far led the U.S. to three Treasury-draining wars in Southwest Asia and Northern Africa and host of minor military actions in other area nations, as well as a near-war in Syria, averted mainly via Russian diplomacy that outfoxed Secretary of State John Kerry. Time will tell whether the diplomatic outreach by Iran will succeed in averting war with the greatest military power remaining in the Mideast after Israel itself. "Protectin
Paul Merrell

WASHINGTON: CIA's use of harsh interrogation went beyond legal authority, Senate report... - 0 views

  • A still-secret Senate Intelligence Committee report calls into question the legal foundation of the CIA’s use of waterboarding and other harsh interrogation techniques on suspected terrorists, a finding that challenges the key defense on which the agency and the Bush administration relied in arguing that the methods didn’t constitute torture.The report also found that the spy agency failed to keep an accurate account of the number of individuals it held, and that it issued erroneous claims about how many it detained and subjected to the controversial interrogation methods. The CIA has said that about 30 detainees underwent the so-called enhanced interrogation techniques.
  • The CIA’s claim “is BS,” said a former U.S. official familiar with evidence underpinning the report, who asked not to be identified because the matter is still classified. “They are trying to minimize the damage. They are trying to say it was a very targeted program, but that’s not the case.”The findings are among the report’s 20 main conclusions. Taken together, they paint a picture of an intelligence agency that seemed intent on evading or misleading nearly all of its oversight mechanisms throughout the program, which was launched under the Bush administration after the Sept. 11, 2001, attacks and ran until 2006.
  • Some of the report’s other conclusions, which were obtained by McClatchy, include:_ The CIA used interrogation methods that weren’t approved by the Justice Department or CIA headquarters._ The agency impeded effective White House oversight and decision-making regarding the program._ The CIA actively evaded or impeded congressional oversight of the program._ The agency hindered oversight of the program by its own Inspector General’s Office.
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  • The investigation determined that the program produced very little intelligence of value and that the CIA misled the Bush White House, the Congress and the public about the effectiveness of the interrogation techniques, committee members have said.The techniques included waterboarding, which produces a sensation of drowning, stress positions, sleep deprivation for up to 11 days at a time, confinement in a cramped box, slaps and slamming detainees into walls. The CIA held detainees in secret “black site” prisons overseas and abducted others who it turned over to foreign governments for interrogation.The CIA, which contends that it gained intelligence from the program that helped identify al Qaida terrorists and averted plots against the United States, agreed with some of the report’s findings but disputed other conclusions in an official response sent to the committee in June 2013.
  • Some current and former U.S. officials and military commanders, numerous experts and foreign governments have condemned the harsh interrogation methods as violations of international and U.S. laws against torture, a charge denied by the CIA and the Bush administration.They’ve based their defense on a series of top-secret legal opinions issued by the Justice Department beginning in August 2002. At that time, the agency sought advice on whether using the harsh techniques on Zayn al Abidin Muhammad Husayn, a close aide to Osama bin Laden who went by the nom de guerre Abu Zubaydah, would violate U.S. law against torture.The Justice Department’s Office of Legal Counsel found that the methods wouldn’t breach the law because those applying them didn’t have the specific intent of inflicting severe pain or suffering.The Senate report, however, concluded that the Justice Department’s legal analyses were based on flawed information provided by the CIA, which prevented a proper evaluation of the program’s legality.
  • “The CIA repeatedly provided inaccurate information to the Department of Justice, impeding a proper legal analysis of the CIA’s Detention and Interrogation Program,” the report found.Several human rights experts said the conclusion called into question the program’s legal foundations.“If the CIA fundamentally misrepresented what it was doing and that was what led (Justice Department) lawyers to conclude that the conduct was legal, then the legal conclusions themselves were inaccurate,” said Andrea Prasow, senior national security counsel for Human Rights Watch. “The lawyers making those assessments were relying on the facts that were laid before them.”“This just reinforces the view that everyone who has said the torture program was legal has been selling a bill of goods and it’s time to revisit the entire conventional wisdom being pushed by those who support enhanced interrogation that this program was safe, humane and lawful,” said Raha Wala, a lawyer with Human Rights First’s Law and Public Safety Program.
  • Among other findings, the report said that CIA personnel used interrogation methods that weren’t approved by the Justice Department or their headquarters.The conclusion that the CIA provided inaccurate information to the Justice Department reflects the findings of a top-secret investigation of the program by the CIA Inspector General’s Office that was triggered by allegations of abuse.The CIA inspector general’s May 7, 2004, report, which was declassified, found that in waterboarding Zubaydah and Khalid Sheikh Mohammad, deemed the chief architect of the 9/11 attacks, the CIA went beyond the parameters it outlined to the Justice Department’s Office of Legal Counsel, which wrote the legal opinions.Zubaydah was waterboarded 83 times, while Mohammad underwent the procedure 183 times.Those cases clashed with the CIA’s assertion _ outlined in the now-declassified top-secret August 2002 Office of Legal Counsel opinion _ that repetition of the methods “will not be substantial because the techniques generally lose their effectiveness after several repetitions.”
  • The Office of Legal Counsel opinion stated that its finding that the harsh interrogation techniques didn’t constitute torture was based on facts provided by the CIA, and that “if these facts were to change, this advice would not necessarily apply.”The CIA inspector general’s report found that the “continued applicability of the DOJ opinion” was in question because the CIA told the Justice Department that it would use waterboarding in the same way that it was used in training U.S. military personnel to evade capture and resist the enemy. In fact, the inspector general’s report continued, the CIA used waterboarding in a “manner different” from U.S. military training.The CIA also failed to keep track of the number of individuals it captured under the program, the Senate report concluded. Moreover, it said, the agency held people who didn’t meet the legal standard for detention. The report puts that number at 26, McClatchy has learned.
  • “The CIA did not conduct a comprehensive or accurate accounting of the number of individuals it detained and held individuals who did not meet the legal standard for detention,” it found. “The CIA’s claims about the number of detainees held and subjected to its enhanced interrogation techniques were inaccurate.”“The CIA’s records were hazy, inconsistent and at times inaccurate,” said the former U.S. official.
Paul Merrell

Gazprom still remains best option for Europe - journalist - News - VoR Interviews - The... - 0 views

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    "According to the Oxfam charity organization, strained relations between Russia and the West because of the situation in Ukraine highlighted the need for Europe to reassess its energy priorities, and speaking at the G7 summit in Brussels yesterday, US President Barack Obama announced that the G7 is going to strenghthen energy security in Central and Eastern Europe. Pepe Escobar, Asia Times roving correspondent, shared his opinion about this development with Radio VR. Speaking at the G7 summit in Brussels yesterday, US President Barack Obama announced that the G7 is going to strengthen energy security in Central and Eastern Europe because of the situation in Ukraine. What kind of security measures can be taken here? Seriously, he doesn't even know what he is talking about and he has absolutely no clue about new energy policy, because the Europeans themselves still don't have a unified energy policy. Their energy policy is to complain about Gazprom, because they consider themselves hostages of Gazprom. They tried to diversify, for instance with the Nabucco pipeline project, which was a soap opera that lasted for years and in the end totally collapsed, because they couldn't agree on anything. So, the myth that the Americans are trying to sell to the American and the European public opinion is that there is a shale gas and they can start exporting it virtually tomorrow. This is completely absurd. Read more: http://voiceofrussia.com/2014_06_06/Gazprom-still-remains-best-option-for-Europe-journalist-4430/" Pepe Escobar riffs on the reasons that Europe is utterly dependent on Russian fossil fuels and why Obama's proposal to supply Europe with shale gas is the product of sheer ignorance. Escobar is being over-polite. Obama knows that many winters will pass before American shale gas can be shipped to Europe in amounts that even approach Europe's requirements. With what are Europeans to cook their meals and heat their homes in the meantime? Short story: Obama is fl
Paul Merrell

Smoking gun emails reveal 'deal in blood' George Bush and Tony Blair made as they secre... - 0 views

  • A bombshell White House memo has revealed for the first time details of the ‘deal in blood’ forged by George Bush and Tony Blair over the Iraq War.The damning memo, from secretary of state Colin Powell to president George Bush, was written on March 28, 2002, a week before Bush’s famous summit with Blair at his Crawford ranch in Texas.The Powell document, headed ‘Secret... Memorandum for the President’, lifts the lid on how Blair and Bush secretly plotted the war behind closed doors at Crawford. In it, Powell tells Bush that Blair ‘will be with us’ on military action. Powell assures the president: ‘The UK will follow our lead’.The classified document also discloses that Blair agreed to act as a glorified spin doctor for the president by presenting ‘public affairs lines’ to convince a skeptical public that Saddam had Weapons of Mass Destruction - when none existed.In return, the president would flatter Blair’s ego and give the impression that Britain was not America’s poodle but an equal partner in the ‘special relationship’. 
  • The sensational leak shows that Blair had given an unqualified pledge to sign up to the conflict a year before the invasion started.It flies in the face of the UK Prime Minister’s public claims at the time that he was seeking a diplomatic solution to the crisis.He told voters: ‘We’re not proposing military action’ - in direct contrast to what the secret email now reveals. 
  • The disclosure is certain to lead for calls for Sir John Chilcot to reopen his inquiry into the Iraq War if, as is believed, he has not seen the Powell memo.A second explosive memo from the same cache also reveals how Bush used ‘spies’ in the Labour Party to help him to manipulate British public opinion in favor of the war.The documents, obtained by The Mail on Sunday, are part of a batch of secret emails held on the private server of Democratic presidential candidate Hillary Clinton which U.S. courts have forced her to reveal.Former UK Conservative shadow home secretary David Davis said: ‘The memos prove in explicit terms what many of us have believed all along: Tony Blair effectively agreed to act as a frontman for American foreign policy in advance of any decision by the House of Commons or the British Cabinet.
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  • ‘He was happy to launder George Bush’s policy on Iraq and sub-contract British foreign policy to another country without having the remotest ability to have any real influence over it. And in return for what?'For George Bush pretending Blair was a player on the world stage to impress voters in the UK when the Americans didn’t even believe it themselves’.Davis was backed by a senior diplomat with close knowledge of Blair-Bush relations who said: ‘This memo shows beyond doubt for the first time Blair was committed to the Iraq War before he even set foot in Crawford.'And it shows how the Americans planned to make Blair look an equal partner in the special relationship to bolster his position in the UK.’Blair’s spokesman insisted last night that Powell’s memo was ‘consistent with what he was saying publicly at the time’.The former Prime Minister has always hotly denied the claim that the two men signed a deal ‘in blood’ at Crawford to embark on the war, which started on March 20, 2003. Powell says to Bush: ‘He will present to you the strategic, tactical and public affairs lines that he believes will strengthen global support for our common cause,’ adding that Blair has the presentational skills to ‘make a credible public case on current Iraqi threats to international peace’.Five months after the summit, Downing Street produced the notorious ‘45 minutes from doom’ dossier on Saddam Hussein’s supposed Weapons of Mass Destruction. After Saddam was toppled, the dossier’s claims were exposed as bogus.Nowhere in the memo is a diplomatic route suggested as the preferred option.
  • Instead, Powell says that Blair will also advise on how to ‘handle calls’ for the ‘blessing’ of the United Nations Security Council, and to ‘demonstrate that we have thought through “the day after” ’ – in other words, made adequate provision for a post-Saddam Iraq.Critics of the war say that the lack of post-conflict planning has contributed to the loss of more than 100,000 lives since the invasion – and a power vacuum which has contributed to the rise of Islamic State terrorism.Significantly, Powell warns Bush that Blair has hit ‘domestic turbulence’ for being ‘too pro-U.S. in foreign and security policy, too arrogant and “presidential” ’, which Powell points out is ‘not a compliment in the British context’.Powell also reveals that the splits in Blair’s Cabinet were deeper than was realized: he says that apart from Foreign Secretary Jack Straw and Defence Secretary Geoff Hoon, ‘Blair’s Cabinet shows signs of division, and the British public are unconvinced that military action is warranted now’.Powell says that although Blair will ‘stick with us on the big issues’, he wants to minimisze the ‘political price’ he would have to pay: ‘His voters will look for signs that Britain and America are truly equity partners in the special relationship.’The president certainly did his best to flatter Blair’s ego during the Crawford summit, where he was the first world leader to be invited into Bush’s sanctuary for two nights.
  • Mystery has long surrounded what was discussed at Crawford as advisers were kept out of a key meeting between the two men.Sir Christopher Meyer, who was present in Crawford as Britain’s ambassador to the U.S., told Chilcot that his exclusion meant he was ‘not entirely clear to this day... what degree of convergence was, if you like, signed in blood at the Crawford ranch’.But in public comments during his time at Crawford, Blair denied that Britain was on an unstoppable path to war.‘This is a matter for considering all the options’, he said. ‘We’re not proposing military action at this point in time’.
  • During his appearance before the Chilcot inquiry in January 2010, Blair denied that he had struck a secret deal with Bush at Crawford to overthrow Saddam. Blair said the two men had agreed on the need to confront the Iraqi dictator, but insisted they did not get into ‘specifics’.‘The one thing I was not doing was dissembling in that position,’ he told Chilcot.‘The position was not a covert position, it was an open position. This isn’t about a lie or a conspiracy or a deceit or a deception. It’s a decision. What I was saying... was “We are going to be with you in confronting and dealing with this threat.” ’Pressed on what he thought Bush took from their meeting, he said the president had realized Britain would support military action if the diplomatic route had been exhausted.In his memoirs, Blair again said it was ‘a myth’ he had signed a promise ‘in blood’ to go to war, insisting: ‘I made no such commitment’.Critics who claimed that Blair acted as the ‘poodle’ of the US will point to a reference in Mr Powell’s memo to the fact Mr Blair ‘readily committed to deploy 1,700 commandos’ to Afghanistan ‘even though his experts warn that British forces are overstretched’.The decision made the previous October in the wake of the September 11 attacks led to widespread concern that the UK was entering an open-ended commitment to a bloody conflict in Afghanistan – a concern many critics now say was well-founded.
  • Mr Powell’s memo goes on to say that a recent move by the U.S. to protect its steel industry with tariffs, which had damaged UK exports, was a ‘bitter blow’ for Blair, but he was prepared to ‘insulate our broader relationship from this and other trade disputes’.The memo was included in a batch of 30,000 emails which were received by Mrs Clinton on her private server when she was US Secretary of State between 2009 and 2013.Another document included in the email batch is a confidential briefing for Powell prepared by the U.S. Embassy in London, shortly before the Crawford summit.The memo, dated ‘April 02’, includes a detailed assessment of the effect on Blair’s domestic position if he backs US military action.The document says: ‘A sizeable number of his [Blair’s] MPs remain at present opposed to military action against Iraq... some would favor shifting from a policy of containment of Iraq if they had recent (and publicly usable) proof that Iraq is developing WMD/missiles... most seem to want some sort of UN endorsement for military action.‘Blair’s challenge now is to judge the timing and evolution of America’s Iraq policy and to bring his party and the British people on board.'There have been a few speculative pieces in the more feverish press about Labor [sic] unease re Iraq policy… which have gone on to identify the beginnings of a challenge to Blair’s leadership of the party.
  • 'Former Cabinet member Peter Mandelson, still an insider, called it all "froth". Nonetheless, this is the first time since the 1997 election that such a story is even being printed’.The paper draws on information given to it by Labour ‘spies’, whose identities have been hidden.It states: ‘[name redacted] told us the intention of those feeding the story is not to bring down Blair but to influence him on the Iraq issue’.‘Some MPs would endorse action if they had proof that Iraq has continued to develop WMD since UN inspectors left.‘More would follow if convinced that Iraq has succeeded in developing significant WMD capability and the missiles to deliver it.'Many more would follow if they see compelling evidence that Iraq intends and plans to use such weapons. A clear majority would support military action if Saddam is implicated in the 9/11 attacks or other egregious acts of terrorism’.‘Blair has proved an excellent judge of political timing, and he will need to be especially careful about when to launch a ramped-up campaign to build support for action against Iraq.'He will want neither to be too far in front or behind US policy... if he waits too long, then the keystone of any coalition we wish to build may not be firmly in place. No doubt these are the calculations that Blair hopes to firm up when he meets the President’.A spokesperson for Blair said: ‘This is consistent with what Blair was saying publicly at the time and with Blair’s evidence given to the Chilcot Inquiry’.
  • Stunning memo proves Blair signed up for Iraq even before Americans - comment by former shadow home secretary David DavisThis is one of the most astonishing documents I have ever read.It proves in explicit terms what many of us have believed all along: Tony Blair effectively agreed to act as a front man for American foreign policy in advance of any decision by the House of Commons or the British Cabinet.He was happy to launder George Bush’s policy on Iraq and sub-contract British foreign policy to another country without having the remotest ability to have any real influence over it.And in return for what? For George Bush pretending Blair was a player on the world stage to impress voters in the UK when the Americans didn’t even believe it themselves.Blair was content to cynically use Britain’s international reputation for honest dealing in diplomacy, built up over many years, as a shield against worldwide opprobrium for Bush’s ill-considered policy.Judging from this memorandum, Blair signed up for the Iraq War even before the Americans themselves did. It beggars belief.
  • Blair was telling MPs and voters back home that he was still pursuing a diplomatic solution while Colin Powell was telling President Bush: ‘Don’t worry, George, Tony is signed up for the war come what may – he’ll handle the PR for you, just make him look big in return.’It should never be forgotten that a minimum of 120,000 people died as a direct result of the Iraq War.What is truly shocking is the casualness of it all, such as the reference in the memo to ‘the day after’ – meaning the day after Saddam would be toppled.The offhand tone gives the game away: it is patently obvious nobody thought about ‘the day after’ when Bush and Blair met in Crawford.And they gave it no more thought right through to the moment ‘the day after’ came about a year later when Saddam’s statue fell to the ground.We saw the catastrophic so-called ‘de-Baathification’ of Iraq, with the country’s entire civil and military structure dismantled, leading to years of bloodshed and chaos. It has infected surrounding countries to this day and created the vacuum into which Islamic State has stepped.This may well be the Iraq ‘smoking gun’ we have all been looking for.
Paul Merrell

ISIS Beheadings on Cue from Washington and London? > Strategic-Culture.org - Strategic ... - 0 views

  • The macabre video executions have also overturned anti-war public feeling in the US. When Obama was planning to launch air strikes in Syria last year following the chemical weapons incident, polls showed that a big majority – 70 per cent – of Americans were opposed to any intervention. That opposition, plus the British parliament’s rejection, was a major factor in why Obama backed down then on his proposed military strikes during September 2013. But after the latest videos showing two American journalists being brutally slain, US public opinion, according to recent polls, is now strongly in favour of Obama’s anti-ISIS bombing coalition; not just operating in Iraq, but more significantly, the American public wants the coalition to go after ISIS inside Syria too. Thus, where the chemical weapons horror last year failed to convince the American public to give its approval for US air strikes in Syria, the beheading of American hostages has succeeded.
  • For Washington and its close London ally, the British public is a crucial constituency to also win over. It seems more than a coincidence that ISIS has now carried out the same sickening execution of a British national as it did with the two Americans. President Obama said after the videoed slaying of Briton David Haines that the US “stands shoulder-to-shoulder” with the British people. The question is this: are these shocking executions, with their highly stylised graphic videos, being used to manipulate public consent for Western military intervention in Syria? In that case, ISIS is not acting in some apparent rogue fashion, turning on its Western intelligence masters, but rather it is obeying orders as usual as part of a macabre charade to facilitate Western military intervention.
  • Once again, what we are seeing is a variation of “humanitarian pretext” to pave the way for the covert, ulterior agenda of Western-orchestrated regime change in foreign countries. That ploy was used previously by NATO forces in former Yugoslavia at the end of the 1990s and more recently in Libya during 2011. It is well documented that ISIS, IS or ISIL, is a terror network created by US, British and Saudi military intelligence going back to the early years of the Iraq War beginning in 2003, when the group played a vital role in fomenting sectarian strife in Iraq to the advantage of the Western occupying armies.The network has antecedents in Western collusion with radical Islamist mercenaries in Afghanistan during the 1980s against the former Soviet Union, which led to the formation of Al Qaeda, and also in Chechnya in the mid-1990s.
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  • ISIS leader Abu Bakr Baghdadi is known to be a US intelligence asset, according to a former senior Al Qaeda operative, Nabil Naim, among other sources. Former CIA personnel have also disclosed that ISIS, like Al Qaeda, was set up to further geopolitical goals for Washington and its allies in the Middle East. These goals include regime change in target countries, such as Syria, and perpetuating the money-spinning American military-industrial complex by creating an endless security threat. Officially, the network may be a proscribed terror organization and “an enemy of the state”. But in the underworld of black operations, ISIS is a covert instrument of US government and corporate interests.
  • Given the strategic importance of the US-led regime-change objective in Syria – and in particular the importance of obtaining public support for military intervention in that country – it is not beyond the realm of possibility that the ISIS network is carrying out beheadings of Western citizens on the orders of its handlers in the CIA and Britain’s MI6. Perhaps even, the outward political leadership in Washington and London, Obama and Cameron, are unaware of their own dark forces at work, which gives their public reactions of indignation an air of authenticity and credibility.
  • Indeed, the evident political consequences from the latest execution of Briton David Haines and Americans Jim Foley and Steven Sotloff are strongly indicative of a Western psychological operation. That makes Washington and London culpable of murdering their own citizens for geopolitical expediency. These victims are sacrificial lambs in the foulest sense.
Paul Merrell

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

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

NSA phone surveillance program likely unconstitutional, federal judge rules | World new... - 0 views

  • A federal judge in Washington ruled on Monday that the bulk collection of Americans’ telephone records by the National Security Agency is likely to violate the US constitution, in the most significant legal setback for the agency since the publication of the first surveillance disclosures by the whistleblower Edward Snowden. Judge Richard Leon declared that the mass collection of metadata probably violates the fourth amendment, which prohibits unreasonable searches and seizures, and was "almost Orwellian" in its scope. In a judgment replete with literary swipes against the NSA, he said James Madison, the architect of the US constitution, would be "aghast" at the scope of the agency’s collection of Americans' communications data. The ruling, by the US district court for the District of Columbia, is a blow to the Obama administration, and sets up a legal battle that will drag on for months, almost certainly destined to end up in the supreme court. It was welcomed by campaigners pressing to rein in the NSA, and by Snowden, who issued a rare public statement saying it had vindicated his disclosures. It is also likely to influence other legal challenges to the NSA, currently working their way through federal courts.
  • In Monday’s ruling, the judge concluded that the pair's constitutional challenge was likely to be successful. In what was the only comfort to the NSA in a stinging judgment, Leon put the ruling on hold, pending an appeal by the government. Leon expressed doubt about the central rationale for the program cited by the NSA: that it is necessary for preventing terrorist attacks. “The government does not cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack,” he wrote.
  • Leon’s opinion contained stern and repeated warnings that he was inclined to rule that the metadata collection performed by the NSA – and defended vigorously by the NSA director Keith Alexander on CBS on Sunday night – was unconstitutional. “Plaintiffs have a substantial likelihood of showing that their privacy interests outweigh the government’s interest in collecting and analysing bulk telephony metadata and therefore the NSA’s bulk collection program is indeed an unreasonable search under the fourth amendment,” he wrote. Leon said that the mass collection of phone metadata, revealed by the Guardian in June, was "indiscriminatory" and "arbitrary" in its scope. "The almost-Orwellian technology that enables the government to store and analyze the phone metadata of every telephone user in the United States is unlike anything that could have been conceived in 1979," he wrote, referring to the year in which the US supreme court ruled on a fourth amendment case upon which the NSA now relies to justify the bulk records program.
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  • In a statement, Snowden said the ruling justified his disclosures. “I acted on my belief that the NSA's mass surveillance programs would not withstand a constitutional challenge, and that the American public deserved a chance to see these issues determined by open courts," he said in comments released through Glenn Greenwald, the former Guardian journalist who received leaked documents from Snowden. "Today, a secret program authorised by a secret court was, when exposed to the light of day, found to violate Americans’ rights. It is the first of many.”
  • In his ruling, Judge Leon expressly rejected the government’s claim that the 1979 supreme court case, Smith v Maryland, which the NSA and the Obama administration often cite to argue that there is no reasonable expectation of privacy over metadata, applies in the NSA’s bulk-metadata collection. The mass surveillance program differs so much from the one-time request dealt with by the 1979 case that it was of “little value” in assessing whether the metadata dragnet constitutes a fourth amendment search.
  • In a decision likely to influence other federal courts hearing similar arguments from the ACLU, Leon wrote that the Guardian’s disclosure of the NSA’s bulk telephone records collection means that citizens now have standing to challenge it in court, since they can demonstrate for the first time that the government is collecting their phone data.
  • Leon also struck a blow for judicial review of government surveillance practices even when Congress explicitly restricts the ability of citizens to sue for relief. “While Congress has great latitude to create statutory schemes like Fisa,” he wrote, referring to the seminal 1978 surveillance law, “it may not hang a cloak of secrecy over the constitution.”
  • In his ruling on Monday, Judge Leon predicted the process would take six months. He urged the government to take that time to prepare for an eventual defeat. “I fully expect that during the appellate process, which will consume at least the next six months, the government will take whatever steps necessary to prepare itself to comply with this order when, and if, it is upheld,” wrote Leon in his opinion. “Suffice it to say, requesting further time to comply with this order months from now will not be well received and could result in collateral sanctions.”
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    This is the case I thought was the weakest because of poor drafting in the complaint. The judge noted those issues in dismissing the plaintiffs' claims under the Administrative Procedures Act, but picked his way through what remained to find sufficient allegations to support the 4th Amendment challenge. Because he ruled for the plaintiffs on the 4th Amendment count, the judge did not reach the plaintiffs' arguments under the First and Fifth Amendments. This case is about cellphone call metadata, which the FISA Court has been ordering cell phone companies to provide every day, with the orders updated every 90 days. The judge's 68-page opinion is at https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2013cv0881-40 (cleaner copy than the Guardian's, which was apparently faxed). Notably, the judge, Richard Leon, is a Bush II appointee and one of the plaintiffs is a prominent conservative civil libertarian lawyer. The other plaintiff is the father of an NSA cryptologist who worked closely with SEAL Team 6 and was killed along with members of that team when their helicopter crashed in Afghanistan. I'll add some more in a comment. But digital privacy is not yet dead.
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    Unfortunately, DRM is not dead yet either and the court's PDF file is locked. No easy copying of its content. If you want to jump directly to the discussion of 4th Amendment issues, go to page 35. That way, you can skip past all the dreary discussion of the Administrative Procedures Act claim and you won't miss much that's memorable. In ruling on the plaintiffs' standing to raise the 4th Amendment claim, Judge Leon postulated two possible search issues: [i] the bulk daily collection of metadata and its retention in the database for five years; and [ii] the analysis of that data through the NSA's querying process. The judge had no difficulty with the first issue; it definitely qualifies as a search. But the judge rejected the plaintiffs' argument on the second type (which was lame), demonstrating that at least one federal judge understands how computers work. The government's filings indicated that a "seed" telephone number or other identifier is used as the query string. Judge Leon figured out for himself from this fact that the NSA of necessity had to compare that number or identifier to every number or identifier in its database looking for a match. The judge concluded that the plaintiffs' metadata --- indeed everyone's metadata --- had to be searched for comparison purposes *every* time the NSA analysts ran any query against the database. See his incisive discussion at pp. 39-41. So having established that two searches were involved, one every time the NSA queried the database, the judge moved on to the next question, whether "the plaintiffs had a reasonable expectation of privacy that is violated when the Government indiscriminately collects their telephony metadata along with the metadata of hundreds of millions of other citizens without any particularized suspicion of wrongdoing, retains that metadata for five years, and then queries, analyzes, and investigates that data without prior judicial approval of the investigative targets." pg. 43. More later
Paul Merrell

The US government doesn't want you to know the cops are tracking you | Trevor Timm | Co... - 0 views

  • All across America, from Florida to Colorado and back again, the country's increasingly militarized local police forces are using a secretive technology to vacuum up cellphone data from entire neighborhoods – including from people inside their own homes – almost always without a warrant. This week, numerous investigations by major news agencies revealed the US government is now taking unbelievable measures to make sure you never find out about it. But a landmark court ruling for privacy could soon force the cops to stop, even as the Obama administration fights to keep its latest tool for mass surveillance a secret.So-called International Mobile Subscriber Identity (IMSI) catchers – more often called their popular brand name, "Stingray" – have long been the talk of the civil liberties crowd, for the indiscriminate and invasive way these roving devices conduct surveillance. Essentially, Stingrays act as fake cellphone towers (usually mounted in a mobile police truck) that police can point toward any given area and force every phone in the area to connect to it. So even if you're not making a call, police can find out who you've been calling, and for how long, as well as your precise location. As Nathan Freed Wessler of the ACLU explained on Thursday, "In one Florida case, a police officer explained in court that he 'quite literally stood in front of every door and window' with his stingray to track the phones inside a large apartment complex."
  • Yet these mass surveillance devices have largely stayed out of the public eye, thanks to the federal government and local police refusing to disclose they're using them in the first place – sometimes, shockingly, even to judges. As the Associated Press reported this week, the Obama administration has been telling local cops to keep information on Stingrays secret from members of the news media, even when it seems like local public records laws would mandate their disclosure. The AP noted:Federal involvement in local open records proceedings is unusual. It comes at a time when President Barack Obama has said he welcomes a debate on government surveillance and called for more transparency about spying in the wake of disclosures about classified federal surveillance programs.
  • Some of the government's tactics to hide Stingray from journalists and the public have been downright disturbing. After the ACLU had filed a records request for information on Stingrays, the local police force initially told them that, yes, they had the documents and to come on down to the station to look at them. But just before an ACLU rep was due to arrive, US Marshals seized the records and hid them away at another location, in what Wessler describes as "a blatant violation of state open-records laws".The federal government has used various other tactics around the country to prevent disclosure of similar information.USA Today also published a significant nationwide investigation about the Stingray problem, as well as what are known as "cellphone tower dumps". When police agencies don't have Stingrays at their disposal, they can go to cell phone providers to get the cellphone location information of everyone who has connected to a specific cell tower (which inevitably includes thousands of innocent people). The paper's John Kelly reported that one Colorado case shows cellphone tower dumps got police "'cellular telephone numbers, including the date, time and duration of any calls,' as well as numbers and location data for all phones that connected to the towers searched, whether calls were being made or not."
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  • You may be asking: how, exactly, are the local cops getting their hands on such advanced military technology? Well, the feds are, in many cases, giving away the technology for free. When the US government is not loaning police agencies their own Stingrays, the Defense Department and Homeland Security are giving federal grants to cops, which allow departments to purchase the gear at the cost of $400,000 a pop from defense contractors like Harris Corporation, which makes the Stingray brand.
  • It's scary enough to think that the NSA is collecting so much information, but this mass location and metadata tracking at the local level all may be about to change. This week, the ACLU won a historic victory in the 11th Circuit Court of Appeals (serving Florida, Alabama and Georgia), which ruled that police need to get a warrant from a judge before extracting from your cellphone the location data obtained by way of a cell tower. This ruling will apply whether cops are going after one person, the whole tower and, one can assume, Stingrays. (The case was also argued by the aforementioned Wessler, who clearly is this month’s civil liberties Most Valuable Player.)This case has huge implications, and not just for the Stingrays secretly being used in Florida. It virtually guarantees the US supreme court will soon have to tackle the larger cellphone location question in some form – and whether police across the country have to finally start getting a warrant to find out where your precise location for days or weeks at a time. But as Stanford law professor Jennifer Granick wrote on Friday, it could also have an impact on NSA spying, which relies on the theory that indiscriminately collecting metadata is fair game until a court says otherwise.
  • Like Stingrays, and the NSA's phone dragnet before them, the militarization of America's local cops is a phenomenon that's only now getting widespread attention. As journalist Radley Balko, who wrote a seminal book on the subject two years ago, said this week, the Obama administration could easily limit these tactics to "cases of legitimate national security" – but has clearly chosen not to.No matter how much President Obama talks about how he has "maintained a healthy skepticism toward our surveillance programs", it seems the Most Transparent Administration in American History™ remains much more interested in maintaining a healthy, top-secret surveillance state.
Paul Merrell

Repeating 'neutrality' vow on Israel, Trump surely senses shift in US mood - 0 views

  • Donald Trump has doubled down on his statement at a town hall last week that he aims to be neutral in his comments on the Israel/Palestine conflict so as not to injure his ability as president to negotiate a deal between the parties. On Meet the Press yesterday he pointedly did not buy into the Republican “orthodoxy” on Israel, saying he’s very pro-Israel but peace there is the “ultimate deal” and he wasn’t going to prejudice matters.
  • Trump surely senses that he can gain by exhibiting independence of the Israel lobby. Here are some other straws in the wind: –A new poll shows that the number of Americans holding a favorable view of Israel has declined 16 percent in the last year, to 59 percent. And in the same interval those holding a favorable view of the Palestinians has surged 42 percent, to 25 percent, and even Iran has had an image-makeover, with 16 percent of Americans regarding the country favorably, up considerably. Grant Smith of the Institute for Research: Middle Eastern Policy says the data reveal “a stunning turn in U.S. public opinion.” –The MSM are reflecting the thaw. Last week Newsweek ran a defiant piece by Hanin Zoabi, the Palestinian Israeli legislator who has been suspended from the Knesset as a troublemaker, explaining Palestinian violence as a response to occupation and discrimination. Boldly titled, “Why Israel Is Fighting the Indigenous Palestinians,” it included these lines: “The occupier does not have the right to self-defense. We, the occupied, have the full and only right to fight it, by all means recognized within the framework of international law.”
  • I throw in these stray facts to say that American public opinion is changing (as is Jewish opinion) and there is political hay to be made of the changes. Donald Trump surely senses this, in his populist campaign. And so he is preparing to run against Marco Rubio by saying that Rubio is Sheldon Adelson’s “perfect little puppet”, and preparing to set up a general election campaign against Hillary Clinton in which he can call out her beholdenness to the billionaire Haim Saban. In his reissued autobiography of last fall, Bernie Sanders refers with disdain to Sheldon Adelson and the “Adelson primary” on the very first page. But that’s the last we hear of it: Adelson, who is in bed with Hillary Clinton’s good friend Haim Saban. Sanders is ignoring a populist political opportunity that Donald Trump has seized upon. Go figure
Gary Edwards

California: Urgent Last-Minute Action to Stop NDAA "Indefinite Detention" - Tenth Amend... - 1 views

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    From the Tenth Amendment Center:   "On Tuesday, April 9th, the California Assembly Public Safety Committee will hold a hearing and do-or-die vote on AB351.   Passage of this bill would be a serious setback to those advancing the power of "indefinite detention" in the United States. AB351 NEEDS YOUR HELP RIGHT NOW TO PASS. 1. CALL all the members of the Public Safety Committee.  Call in the evenings or on the weekend as well.  We want them to have a flood of messages in support by the time they have the hearing on Tuesday.  Be VERY respectful, but be strong. Urge each of them to vote YES on AB351. Tom Ammiano, chair (916) 319-2017 Melissa Melendez, vice-chair (916) 319-2067 Byron Jones-Sawyer, Sr. (916) 319-2059 Holly J. Mitchell (916) 319-2054 Bill Quirk (916) 319-2020 Nancy Skinner (916) 319-2015 Marie Waldron (916) 319-2075 "
Paul Merrell

What happens when you talk about Gaza (and heckle a senator) in Vermont - World Israel ... - 0 views

  • A recent town hall meeting with Senator Bernie Sanders became heated when the conversation turned to Israel, Hamas and the recent fighting in Gaza.   
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    Bernie Sanders took some serious heat from Vermont citizens in a town hall meeting when the subject turned to Israel and Gaza. It says something important for Auction 2016 that Israel's war crimes against Palestinians is becoming a divisive issue that U.S. politicians are being forced to discuss in public. From the points by hecklers that drew applause and the complete absence of applause on the points made by Sanders, it's clear that Israel had zero public support brave enough to demonstrate support for Sanders' position that cast blame on both sides of the Gaza conflict and offered no solution. while many of the hecklers' pro-Gaza and anti-Israel points drew enthusiastic applause. Significantly, Sanders' position is pretty much the standard response coming from most Democratic members of Congress. Look for American public opinion polling on Israel to become more granular and frequent as politicians seek new positions on Israel/Palestine/Gaza that play better with American voters. This is not good news for the Israel Lobby in its relationship with Capitol Hill. Note that this article is published in the most popular Israeli liberal/leaning newspaper, a strong message to Israeli leadership and the American Israel Lobby that they are going to have to give ground on the Palestine Question to salvage political support in the U.S.. 
Paul Merrell

Show Us the Drone Memos - NYTimes.com - 0 views

  • I BELIEVE that killing an American citizen without a trial is an extraordinary concept and deserves serious debate. I can’t imagine appointing someone to the federal bench, one level below the Supreme Court, without fully understanding that person’s views concerning the extrajudicial killing of American citizens.But President Obama is seeking to do just that. He has nominated David J. Barron, a Harvard law professor and a former acting assistant attorney general, to a seat on the United States Court of Appeals for the First Circuit.
  • I believe that all senators should have access to all of these opinions. Furthermore, the American people deserve to see redacted versions of these memos so that they can understand the Obama administration’s legal justification for this extraordinary exercise of executive power. The White House may invoke national security against disclosure, but legal arguments that affect the rights of every American should not have the privilege of secrecy.I agree with the A.C.L.U. that “no senator can meaningfully carry out his or her constitutional obligation to provide ‘advice and consent’ on this nomination to a lifetime position as a federal appellate judge without being able to read Mr. Barron’s most important and consequential legal writing.” The A.C.L.U. cites the fact that in modern history, a presidential order to kill an American citizen away from a battlefield is unprecedented.The Bill of Rights is clear. The Fifth Amendment provides that no one can be “deprived of life, liberty, or property, without due process of law.” The Sixth Amendment provides that “the accused shall enjoy the right to a speedy and public trial, by an impartial jury,” as well as the right to be informed of all charges and have access to legal counsel. These are fundamental rights that cannot be waived with a presidential pen.
  • In battle, combatants engaged in war against America get no due process and may lawfully be killed. But citizens not in a battlefield, however despicable, are guaranteed a trial by our Constitution.
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  • While he was an official in the Justice Department’s Office of Legal Counsel, Mr. Barron wrote at least two legal memos justifying the execution without a trial of an American citizen abroad. Now Mr. Obama is refusing to share that legal argument with the American people. On April 30, I wrote to the Senate majority leader, Harry Reid, urging him to delay this nomination, pending a court-ordered disclosure of the first memo I knew about. Since that letter, I have learned more. The American Civil Liberties Union sent a letter to all senators on May 6, noting that in the view of the Senate Intelligence Committee chairwoman, Dianne Feinstein, “there are at least eleven OLC opinions on the targeted killing or drone program.” It has not been established whether Mr. Barron wrote all those memos, but we do know that his controversial classified opinions provided the president with a legal argument and justification to target an American citizen for execution without a trial by jury or due process.
  • No one argues that Americans who commit treason shouldn’t be punished. The maximum penalty for treason is death. But the Constitution specifies the process necessary to convict.Continue reading the main story Continue reading the main story AdvertisementAnwar al-Awlaki was an American citizen who was subject to a kill order from Mr. Obama, and was killed in 2011 in Yemen by a missile fired from a drone. I don’t doubt that Mr. Awlaki committed treason and deserved the most severe punishment. Under our Constitution, he should have been tried — in absentia, if necessary — and allowed a legal defense. If he had been convicted and sentenced to death, then the execution of that sentence, whether by drone or by injection, would not have been an issue. Continue reading the main story 526 Comments But this new legal standard does not apply merely to a despicable human being who wanted to harm the United States. The Obama administration has established a legal justification that applies to every American citizen, whether in Yemen, Germany or Canada.
  • Defending the rights of all American citizens to a trial by jury is a core value of our Constitution. Those who would make exceptions for killing accused American citizens without trial should give thought to the times in our history when either prejudice or fear allowed us to forget due process. During World War I, our nation convicted and imprisoned Americans who voiced opposition to the war. During World War II, the government interned Japanese-Americans.The rule of law exists to protect those who are minorities by virtue of their skin color or their beliefs. That is why I am fighting this nomination. And I will do so until Mr. Barron frankly discusses his opinions on executing Americans without trial, and until the American people are able to participate in one of the most consequential debates in our history. Rand Paul is a Republican senator from Kentucky.
Paul Merrell

'We can't let Israel determine when and where U.S. goes to war,' says Feinstein, but Hi... - 0 views

  • the new Iran sanctions bill that would kill Obama’s historic deal with Iran. And today’s bottom line is, Opposition to the warmongers is firming up. Jim Lobe reports that Senator Feinstein’s speech (above) may have killed AIPAC’s hopes of passing the new sanctions with a veto-proof Senate majority, at least until the AIPAC policy conference in the spring. Lobe notes that financial incentives to block the Iran deal also affect media: Tuesday’s floor speech by Senate Intelligence Committee Chair Dianne Feinstein could bury AIPAC’s hopes of winning passage of what I have called the Kirk-Menendez Wag the Dog Act of 2013…at least for the next month or so. The speech, which was remarkably comprehensive in rebutting virtually every argument made by AIPAC and the 59 co-sponsors in favor of the bill, comes amid a surprising spate of newspaper editorials against the bill, particularly given the dearth of actual news coverage about it. Newspapers that have taken position against the legislation in just the last few days include the Minneapolis Star Tribune, USA Today, the New York Times, and the often-neoconservative-leaning Washington Post. As cash-poor as they are, newspapers are still less susceptible to the kind of pressure exerted by AIPAC and its associated PACs that are able to provide — or deny — substantial cash for political campaigns.
  • So is the new Jeff Bezos/Washington Post showing a little vertebrae? And what about the new Chris Hughes/New Republic. Ryan Cooper has a piece up there trashing Cory Booker as a warmonger.
  • Recall that the newspaper editorials denouncing the bill as a march toward war followed a forceful White House statement that called out the warmongers: “The American people have been clear that they prefer a peaceful resolution to this issue. If certain members of Congress want the United States to take military action, they should be up front with the American public and say so,” said security aide Bridget Meehan. That put AIPAC supporter Steny Hoyer on the defensive. Politico:
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    Whether the new sanctions bill passes or not, we have a watershed moment: Members of Congress and mainstream media have finally summoned the courage to tell the Israel Lobby "no" in public.  The obvious sources of that courage are polls showing that over 80 per cent of Americans oppose war with Iran.  The Israel Lobby's control of Congress has been airtight over the last few decades. Those who voted against the Israel Lobby's wishes faced massive campaign contributions to their opponents in the next election. Only relatively few members of Congress were secure enough in their seats to vote "no."
Paul Merrell

Senators clash with Justice Department lawyer over CIA intelligence memos | World news ... - 0 views

  • An argument about a secret congressional committee's ability to review the US intelligence agencies exploded into rare public view on Tuesday as angry senators demanded legal memos from a nominee to run the CIA's legal office. Caroline Krass, a top justice department lawyer, sparked the ire of several Senate intelligence committee members by claiming that crucial legal opinions about intelligence matters were beyond the scope of the committee. Asked directly and repeatedly if the Senate panel was entitled to the memos, which several senators claimed were crucial for performing their oversight functions, Krass replied: "I do not think so, as a general matter." Dianne Feinstein, the California Democrat who chairs the committee, suggested that Krass placed her nomination as CIA general counsel in jeopardy. "You are going to encounter some heat in that regard," Feinstein said.
  • The Senate intelligence committee, whose public hearings are increasingly rare, is usually a bastion of support for the CIA and its sister intelligence agencies. The exception is the committee's prolonged fight with the CIA over a 6,300-page report on the agency's torture of terrorism detainees in its custody since 9/11. The committee has prepared its report for years; the former chairman, Jay Rockefeller of West Virginia, said the classified version contains 50,000 footnotes. For a year, the panel has sought to release a public version that multiple members of the panel say documents both the brutality of CIA torture and what they have called "lies" told by the CIA to the oversight committees in Congress and the rest of the executive branch concerning its torture practices. CIA director John Brennan, who was a senior CIA official during the years scrutinised by the committee, is resisting release of the report. The CIA has told reporters that the report contains numerous factual errors, which Senator Mark Udall, a Colorado Democrat on the panel, said on Tuesday was a "misleading" and self-serving description of differences of "interpretation" between the agency and the committee. "I'm more confident than ever in the factual accuracy" of the torture report, Udall said.
  • The panel said at the hearing that the CIA is stalling on the provision of documents to the committee that will help it complete its work. Krass, a former White House official who worked alongside Brennan there, did not assure the committee she would help provide them. Krass said the general counsel of the CIA had a "duty and obligation to make sure the committee understands the legal basis" for CIA activities. She worried that disclosure of the legal memos themselves would inhibit the executive branch from candidly discussing policy proposals for fear of embarrassing public disclosure. Several senators found Krass's statement insufficient. Carl Levin, a Michigan Democrat who has investigated torture while serving on the Armed Services Committee as well, asked if the committee was "entitled" to the opinions as a matter of oversight. Krass said her "caveated answer" was, "I do not think so, as a general matter." It is unclear if the committee will reject Krass's nomination. But the two-hour exchange highlighted the difficulties the intelligence committees can face in getting basic factual information from the intelligence agencies they are tasked with overseeing.
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  • Those difficulties carry over to the ongoing controversy about the NSA's bulk surveillance activities, Udall and his colleague Ron Wyden of Oregon have charged. But they are the only dissenters on a committee that has been stalwart in favour of the NSA, even as the committee is feuding with the CIA. Feinstein got Krass to say she disagreed with a federal judge's opinion on Monday that the NSA's bulk surveillance of US phone data was likely unconstitutional. Krass, who would have a limited ability to oversee that program at CIA but likely has insight into it through her Justice Department role, disputed Judge Richard Leon's assessment that such constitutional protections surround that data. "I have a different view about the Fourth Amendment," Krass said. Feinstein said she agreed with Krass, but said no one on the committee wished to contravene the constitution, urging the Supreme Court to settle the issue.
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    John Kennedy had the right idea: abolish the CIA. 
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