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Paul Merrell

Groups Call for Public Disclosure of the Legal Rationale for US Force Against ISIS - 0 views

  • OpenTheGovernment.org urges you to press for public disclosure of all Office of Legal Counsel memoranda and other legal opinions setting forth the legal rationale for the United States to use military force against the Islamic State in Iraq and Syria (ISIS). Congress cannot meaningfully exercise its Constitutional power to authorize force if the Executive uses secret legal opinions to extend past authorizations in ways that Congress never anticipated or intended. The Obama administration has stated that it already has the authority it needs to launch airstrikes against ISIS in Syria, but has given shifting, incomplete explanations of the source of that authority.
  • Last week, administration officials stated that Congress did not need to vote to authorize strikes against ISIS (also commonly known as ISIL or the Islamic State) because the President could rely on the post-September 11, 2001 Authorization for the Use of Military Force (AUMF). An administration official acknowledged that ISIS had publicly split with Al Qaeda, but said that the AUMF still applied to ISIS based on its past relationship with Al Qaeda, its role in the Iraq war, and ISIS’s “position – supported by some individual members and factions of AQ-aligned groups – that it is the true inheritor of Usama bin Laden’s legacy.”1But the 2001 AUMF does not authorize force against all anti-American terrorist organizations that are arguably “the true inheritors of Usama bin Laden’s legacy.” It authorizes force against “those nations, organizations, or persons [the President] determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons.”2
  • The leadership of ISIS had no known role in the September 11 attacks, and the administration’s recent statements acknowledge that the group first affiliated with Al Qaeda in 2004. The Obama administration has argued for some time that the 2001 AUMF authorized military action against “associated forces” of Al Qaeda even if those affiliates had no role in the September 11 attacks, but has also assured Congress that there were meaningful limits on what constituted an “associated force.” Department of Defense General Counsel Stephen Preston testified to the Senate Foreign Relations Committee in May that to be an “associated force,” a group had to be both (1) an organized, armed group that has entered the fight alongside al-Qa’ida or the Taliban and (2) a co-belligerent with al-Qa’ida or the Taliban in hostilities against the United States or its coalition partners.(3) Al Qaeda specifically disavowed conducting operations with ISIS earlier this year.4 York Times, the administration has said it has no secret intelligence that the groups have reconciled,5 is difficult to understand how it could remain an “associated force.”
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  • The Obama administration has said that “2002 Iraq AUMF would serve as an alternative statutory for military action in Iraq—but this is inconsistent with prior administration statements that the basis”6 Iraq war has ended, and that the 2002 AUMF “is no longer used for any U.S. Government activities.”7Administration officials have also cited the President’s power under Article II of the Constitution to act in self-defense of the United States to attack ISIS—but this contradicts its repeated assurances that ISIS does not pose an imminent risk of attack on U.S. soil.8Instead of trying to explain the case for war in confusing and often anonymous soundbites, the Executive Branch should publicly release the OLC memos and other binding written analyses that explain the purported legal basis for strikes against ISIS, and its legal interpretation of the AUMF more generally.
  • When the United States enters a war, the public and Congress need to know who the enemy is, and under what legal authority U.S. forces are operating. It would be unacceptable in a democracy for Congress to authorize force in secret. It is equally unacceptable for the Executive Branch to secretly interpret and expand past Congressional authorizations. Accordingly, we hope you will use the upcoming committee hearing to press for full disclosure of the relevant OLC opinions.
Paul Merrell

Most Americans Believe Palestinians Occupy Israeli Land - Antiwar.com Original by -- An... - 0 views

  • According to an IRmep poll fielded by Google Consumer Surveys the majority of Americans (49.2 percent) believe that Palestinians occupy Israeli land rather than the reverse. The statistically-significant survey was fielded on March 9 in four nations and had a margin of error of 1.7-4.3 percent. The U.S. adult internet population is alone in North America believing that Israelis are under a Palestinian occupation. A simultaneous survey of Canadians reveals that 51.4 percent correctly believe Israelis occupy Palestinian land, while 54.6 percent of Mexicans also believe Israel occupies Palestinian territory. Adults living in the United Kingdom were the most convinced among the four countries surveyed with 57.7 percent believing “Israelis occupy Palestinian land.” The issue has taken on new relevance with the EU’s efforts to clearly label the origin of goods produced in Israeli West Bank settlements. The organization tasked with lobbying congress on behalf of many Israel affinity organizations in the US, the American Israel Public Affairs Committee or AIPAC, deems the EU labeling measure an “attack” on Israel and has sought to legitimize products from “Israeli-controlled territories” in US trade legislation. AIPAC has sought to “blur” the issue by promoting the Israeli government formulation of the lands as “disputed” rather than “occupied.”
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    While the statistic on the American public's ignorance is facially dismaying, it's going to change and change rather quickly as a result of the educational efforts of the mushrooming Palestinian Boycott, Divestment, and Sanctions movement in the U.S. It's good to have a baseline public opinion to work from.
Gary Edwards

Forget Bain - Obama's public-equity record is the real scandal - The Washington Post - 1 views

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    Don't you just love it when a political plan to spin the truth and twist the facts backfires?  Obama's pants are lit and flaming, and big socialism media can't seem to put the fire out. intro excerpt: Despite a growing backlash from his fellow Democrats, President Obama has doubled down on his attacks on Mitt Romney's tenure at Bain Capital. But the strategy could backfire in ways Obama did not anticipate. After all, if Romney's record in private equity is fair game, then so is Obama's record in public equity - and that record is not pretty. Since taking office, Obama has invested billions of taxpayer dollars in private businesses, including as part of his stimulus spending bill. Many of those investments have turned out to be unmitigated disasters - leaving in their wake bankruptcies, layoffs, criminal investigations and taxpayers on the hook for billions. Consider just a few examples of Obama's public equity failures:
Gary Edwards

Liberal Activists Worked With AGs to Target Conservatives - 0 views

  • violate “constitutionally protected rights of freedom of speech, freedom from unreasonable searches and seizures, and due process of law and constitute the common law tort of abuse of process.”
  • ExxonMobil also alleges that Walker’s delegation of his prosecutorial power to a private law firm “likely on a contingency-fee basis” violates basic “due process of law and fundamental fairness,” particularly because that same law firm has “pursued a bitterly contested and contentious litigation in an unrelated lawsuit against ExxonMobil … which could result in a substantial fee award if Cohen Milstein’s client were to prevail.”
  • That raises “substantial doubts about whether that firm should be permitted to serve as the ‘disinterested prosecutor’ whose impartiality is demanded by law and expected by the public.”
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  • ExxonMobil asks the Texas court to declare that the “issuance and mailing of the subpoena” violates various provisions of the U.S. Constitution, federal law, and the Texas Constitution.
  • . According to The Washington Free Beacon, “a small coalition of prominent climate change activists and political operatives” met on Jan. 8 in a closed door meeting at the Rockefeller Family Fund in Manhattan. Their agenda: taking down oil giant ExxonMobil through a coordinated campaign of legal action, divestment efforts, and political pressure.”
  • A copy of the agenda from that meeting states that two of the common goals of these activists are to “establish in public’s mind [sic.] that Exxon is a corrupt institution that has pushed humanity (and all creation) toward climate chaos and grave harm” and to “delegitimize them as a political actor.” Part of the discussion of their grand strategy was how to include “industry associations, scientists and front groups” in their targeting. And at the top of their list for “legal actions & related campaigns” was state “AGs.”
  • That last goal was apparently put into action. According to Fox News, a series of emails obtained by the Energy & Environmental Legal Institute showed communications between some of these same anti-fossil fuel activists and the attorneys general that are part of this “Green” coalition against climate change dissenters.
  • Some of them secretly briefed state attorneys general before their March press conference on arguments they could present to justify “climate change litigation” and the “imperative of taking action now.” The attorneys general and their staff tried to hide this discussion and coordination with the activists by “using a ‘Common Interest Agreement’… [that] sought to protect as privileged the discussions about defending President Obama’s controversial global warming rules, and going after political opponents using the Racketeer Influenced and Corrupt Organizations Act.”
  • Some state attorneys general have criticized the dangerous and misguided efforts of their inquisitorial peers. As Louisiana Attorney General Jeff Landry correctly states, they are using “prosecutorial weapons to intimidate critics, silence free speech, or chill the robust exchange of ideas” about a public policy issue. And it is just as malevolent as the burning of books in the society depicted by Bradbury in “Fahrenheit 451.”
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    "In Ray Bradbury's classic dystopian novel, "Fahrenheit 451," a future society criminalizes the possession of books and burns them in order to suppress any dissenting ideas, opinions, and views. Today, we have state attorneys general trying to implement their own version of "Fahrenheit 451" to criminalize dissent over a disputed, unproven scientific theory: man-induced climate change. Recently, the attorney general of the Virgin Islands, Claude Walker, unleashed a subpoena on the Competitive Enterprise Institute seeking 10 years' worth of research and communications about climate change. It turns out that same Grand Inquisitor, Claude Walker, has hit ExxonMobil with a similar subpoena that seeks all of that company's communications, conversations, and correspondence with 88 conservative and libertarian think tanks, foundations, and universities, and 54 individual researchers, scientists, and writers."
Gary Edwards

Obama vouches for Ma Clinton | Power Line - 0 views

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    "OBAMA VOUCHES FOR MA CLINTON Barack Obama has emerged as a forceful advocate of Hillary Clinton in the course of the presidential campaign. He is more popular than she is, but they have a lot in common. They both have an equally low opinion of the intelligence of the American voters and they have a lot of evidence to support their opinion. They also share an equally wayward relationship with the truth. Obama's signature domestic program was built on a torrent of demonstrable lies. Clinton has defended her criminally inappropriate use of a private email server to conduct official State Department business on proposition that have proven false in the fullness of time. They are both unregenerate liars. Now Obama has stepped forward as a character witness for Hillary Clinton. Despite what you may have concluded on the basis of your own observations, Obama vouches for Clinton as an upstanding public official. In my view, this is akin to John Dillinger serving as a character witness for Creepy Karpis or, perhaps more aptly, Ma Barker. It's almost funny. The Media Research Center finds an interesting example of Obama testifying on behalf of Hillary at an Ohio campaign event this past Tuesday (video below). Even speaking briefly, as in this 40-second excerpt, Obama is obnoxious and grating. We are invited by MRC to analyze this somewhat ambiguous assertion: "And when she was challenged, she doesn't make things up on the spot. She doesn't double down on lies - that obviously are lies because there's video." What is he saying? MRC's Craig Bannister subjects Obama's assertion to a close reading that probably exceeds what is warranted, asking: * She'll only tell an obvious lie once, but won't "double down" on it if challenged? * She won't keep repeating a lie - if "there's video"? * She'll take her time crafting a lie, not make one up "on the spot"? Bannister concludes: "Regardless of whether Pres. Obama went off-te
Gary Edwards

Who owns the Bank of England? |Dark Politricks - 0 views

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    "Who owns the Bank of England? A brief history of World Banksters By Dark Politricks First a few historical comments by people who helped create two of the worlds most famous central banks, the Bank of England and the Federal Reserve. "I am a most unhappy man. I have unwittingly ruined my country. A great industrial nation is controlled by its system of credit. Our system of credit is concentrated. The growth of the nation, therefore, and all our activities are in the hands of a few men. We have come to be one of the worst ruled, one of the most completely controlled and dominated Governments in the civilized world no longer a Government by free opinion, no longer a Government by conviction and the vote of the majority, but a Government by the opinion and duress of a small group of dominant men." - Woodrow Wilson, after signing the Federal Reserve into existence The Bank of England was created in 1694 by a Scotsman William Paterson who famously said: The bank hath benefit of interest on all moneys which it creates out of nothing. - William Paterson The history of the Bank of England and how it was taken over by one powerful family hundreds of years ago. Up until 1946 when it was nationalised the Bank of England was a private run bank that lent money it created out of nothing to the English government and was paid back with interest. A very famous story relates to the Bank of England and the infamous Rothschilds, that all powerful banking family. This story was re-told recently in a BBC documentary about the creation of money and the Bank of England. It revolves around the Battle of Waterloo in which Nathan Rothschild used his inside knowledge of the outcome and his faster horses and couriers to play the market by getting the result of the battle before anyone else knew the outcome. He quickly sold his English bonds and gave all the traders who looked to him for guidance the impression that the French had won at Waterloo. The other traders all rus
Paul Merrell

New low for Congress: Just 6 percent approve, finally lower than car salespeople | Wash... - 0 views

  • The public’s approval rating for Congress has finally hit rock bottom: For the first time, America has a higher opinion of car salespeople. A new Economist/YouGov.com poll put the approval rating of Congress at a historic low of 6 percent. A December 2012 Gallup poll comparing Congress' approval ratings to other occupations had car salespeople at the bottom at 8 percent and Congress at 10 percent. Now Congress is the cellar dweller. The nation’s bad opinion of Congress, impacted by inaction, budget fights and the battle over the filibuster, has also spread to Senate leaders. Just 19 percent approve of Senate Republican leader Mitch McConnell while 54 percent disapprove. Democratic leader Sen. Harry Reid’s ratings are 52 percent unfavorable, 25 percent favorable.
  • “What Americans are sure about is how they feel about Congress in general. They don’t like it, and haven’t liked it for a while,” said the poll. “But Congress’s approval rating in this week’s Economist/YouGov Poll matches its all-time low. Just 6 percent approve of the way Congress is handling its job. 72 percent disapprove.” “Only 10 percent of Democrats, 7 percent of Republicans, and 3 percent of independents approve of Congress.
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    But despite these numbers, the vast majority of American voters will in the next election (and those to follow) fall for the "choice of evils" political ploy of the Democratic and Republican campaign managers. But "none of the above" remains the clear leader in the public opinion polls. 
Paul Merrell

57% of Americans back Israel in Gaza conflict | The Times of Israel - 0 views

  • he CNN poll conducted from Friday to Sunday – just as Israel was launching its ground operation in the conflict, which started July 8 – found that 57 percent of Americans see Israel’s actions as justified, with 12 percent among those respondents saying Israel is not using enough force. CNN noted that the same percentage, 57 percent, believed Israel was justified in its use of force during the previous conflict with Hamas in Gaza in 2012, and 63 percent thought it was justified during the 2008-2009 Cast Lead conflict. The survey carried out by ORC International found, however, that Israel’s unfavorables were climbing, with 38 percent saying that they had an unfavorable opinion of the country, up 14 percent from February, and 60 percent posting a favorable opinion, down from 72 percent in February. The telephone poll of 1,012 Americans had a margin of error of three percentage points.
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    Falling favorables for Israel? Only 57 percent seeing Israel's attack on Gaza as justified? The Zionist propagandists' ability to manipulate the U.S. public opinion in favor of Israel is losing effectiveness, fast. I hope CNN does some follow-up sampling. With Israel's misconduct in Gaza breaking into mainstream media, those favorables will likely be dropping quickly. 
Paul Merrell

No, Obama, Russia's Economy Isn't 'in Tatters' - Bloomberg View - 0 views

  • Western politicians and pundits should be more careful with their predictions for the Russian economy: Reports of its demise may prove to be premature. Bashing the Russian economy has lately become a popular pastime. In his state of the nation address last month, U.S. President Barack Obama said it was "in tatters." And yesterday, Anders Aslund of the Peterson Institute for International Economics published an article predicting a 10 percent drop in gross domestic product this year -- more or less in line with the apocalyptic predictions that prevailed when the oil price reached its nadir late last year and the ruble was in free fall. Aslund's forecast focuses on Russia's shrinking currency reserves, some of which have been earmarked for supporting government spending in difficult times. At $364.6 billion, they are down 26 percent from a year ago and $21.6 billion from the beginning of this year. Aslund expects $166 billion to be spent on infrastructure investments and bailing out companies, and another $100 billion to exit via capital flight and other currency outflows. As a result, given foreign debts of almost $600 billion, "Russia's reserve situation is approaching a critical limit," he says.
  • What this argument ignores is that Russia's foreign debts are declining along with its reserves -- that's what happens when the money is used to pay down state companies' obligations. Last year, for example, the combined foreign liabilities of the Russian government and companies dropped by $129.4 billion, compared with a $124.3 billion decline in foreign reserves. Beyond that, a large portion of Russian companies' remaining foreign debt is really part of a tax-evasion scheme: By lending themselves money from abroad, the companies transfer profits to lower-tax jurisdictions. Such loans can easily be extended if sanctions prevent the Russian side from paying. The declining price of oil is also less of a threat than many have warned. True, the Russian government's revenues from energy exports will fall in dollar terms. But because Russia's central bank has allowed the ruble's value against the dollar to decline, the ruble value of the revenues will be higher than they otherwise would be. As a result, Russia no longer requires $100 oil to balance its budget -- and the effect of lower oil prices on the broader economy will be muted.
  • Economists at the respected Gaidar Institute, for example, expect the floating of the ruble to roughly halve the negative GDP impact of the decline in oil prices. They estimate that Russian GDP will shrink by a moderate 2.7 percent this year, even if Brent oil trades at $40 (it traded at $61 today). That's just a bit more optimistic than the consensus among 39 economists polled by Bloomberg between Feb. 20 and Feb. 25: On average, they see a decline of 4 percent. Economic sanctions, which most forecasts assume will continue this year, are having less impact that many in the West would like to believe. Sergei Tsukhlo of the Gaidar Institute estimates that the sanctions have affected only 6 percent of Russian industrial enterprises. "Their effect remains quite insignificant despite all that's being said about them," he wrote, noting that trade disruptions with Ukraine have been more important.
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  • Granted, there's no avoiding a significant drop in Russians' living standards because of accelerating inflation. The economics ministry in Moscow predicts real wages will fall by 9 percent this year -- which, Aslund wrote, means that "for the first time after 15 years in power," Russian President Vladimir Putin "will have to face a majority of the Russian people experiencing a sharply declining standard of living." So far, though, Russians have taken the initial shock of devaluation and accompanying inflation largely in stride. The latest poll from the independent Levada Center, conducted between Feb. 20 and Feb. 23, actually shows an uptick in Putin's approval rating -- to 86 percent from 85 percent in January.  It's time to bury the expectation that Russia will fall apart economically under pressure from falling oil prices and economic sanctions, and that Russians, angered by a drop in their living standards, will rise up and sweep Putin out of office. Western powers face a tough choice: Settle for a lengthy siege and ratchet up the sanctions despite the progress in Ukraine, or start looking for ways to restart dialogue with Russia, a country that just won't go away.
Paul Merrell

Poll Finds 37% Of Americans Believe Israel Has Too Much Influence Over US Politics - 0 views

  • Poll results released last month show that Americans are sharply divided over the influence of Israel on U.S. politics, and those divisions often fall along party lines. On Dec. 4, The Brookings Institution, a highly influential Washington-based think tank, released the results of a study of American attitudes toward Israel and the Middle East. The report comes after a year in which Israel’s influence on America’s governance and foreign policy received heightened scrutiny, especially following a controversial speech to a joint session of Congress by Israeli President Benjamin Netanyahu on March 3. AIPAC, the powerful Israeli lobbying group, also faced increased criticism. The bulk of the poll was based on the opinions of 875 randomly selected Americans, but the study’s author, Shibley Telhami, a nonresident senior fellow at Brookings’ Project on U.S. Relations with the Islamic World, also polled an additional 863 additional Americans who self-identify as Evangelical or Born-again Christians to determine how their attitudes differed from the average.
  • When asked “How Much Influence Does the Israeli Government Have in American Politics?” 37 percent, or just over 1 in 3 Americans, feel Israel has too much influence. Eighteen percent say Israel should have even more influence over our government, while the largest group, at 44 percent, feels Israel wields an appropriate level of influence. Almost half of Democrats, 49 percent, feel Israel has too much influence over U.S. politics, while a slight majority of Republicans, 52 percent, are comfortable with Israel’s current level of influence. Among Evangelical Christians, meanwhile, 39 percent believe Israel has too little influence and 38 percent are satisfied with the country’s level of influence. Telhami also asked respondents about their views on the conflict between apartheid Israel and occupied Palestine. Twenty-nine percent of Americans reported that they are “very concerned” about recent events in Israel and Palestine, while 38 percent are “somewhat concerned.” When asked who is to blame for strife in the region, the most popular answer, 31 percent, was the lack of a peace process, “while 26% equally blame continued Israeli occupation and settlement, expansion in the West Bank, and Palestinian extremists.” These results also showed strong partisan differences:
  • “[A] plurality of Democrats, 37%, blame continued Israeli occupation and settlement expansion, followed by 35% who blame the absence of serious peace diplomacy, while 15% blame Palestinian extremists. In contrast, 40% of Republicans blame Palestinian extremists first, followed by 27% who blame absence of serious diplomacy, and 16% blame continued Israeli occupation and settlement expansion.” The report noted a slight increase in support for a one-state solution to problems in Israel compared to findings in 2014. Under a one-state solution, Israel and Palestine would become a single, multicultural, multireligious nation, as opposed to two-state solutions which would divide Israel and Palestine into two separate, independent countries. “Those who advocate a one-state solution, 31%, are now comparable to those who advocate a two-state solution, 35%,” Telhami wrote, adding that Republicans saw the largest increase in support for a single-state solution. “The most notable change is that Republicans this year equally support a two-state solution vs. one-state solution (29% each).” More people are also willing to accept a single-state solution if a two-state solution proves impossible, he added: “Among those who advocate a two-state solution as their preferred solution, 73% say they would support a one-state solution if the first option were no longer possible (in comparison to only 66% in 2014).” The poll also found that Netanyahu’s popularity has fallen sharply over the last year, at least among Democrats. Thirty-four percent now view him unfavorably, up from 22 percent in 2014, while Republicans’ opinions of him remain largely unchanged.
Paul Merrell

Clinton to drop Israel from 'public events,' put it back in with donors --Email - 0 views

  • I’ve been on the road for days, and a few more Clinton emails have thudded down from the Wikileaks heavens revealing deliberations about Israel inside the Clinton braintrust. Some day we will put together a leatherbound edition with morocco covers of Clinton’s Israel emails, but for now we’re just trying to chase the latest. And these three are stunners because they baldly expose the importance of Israel to donors and the party establishment. First, there was this amazing email thread among top strategists from May 2015 about revising Clinton’s talking points in her speeches at rallies and fundraisers in the weeks before she officially launched her candidacy. You just gotta read these comments as they fall. The conversation started out on a bunch of different talking points, but everyone quickly turned to Israel, and the public and private messaging.
  • Jake Sullivan, foreign policy aide: “Would add a sentence on standing up for our allies and our values, including Israel and other fellow democracies, and confronting terrorists and dictators with strength and cunning.” Mandy Grunwald, media advisor: “I thought this was largely for her TP [talking points] with public events not fundraisers. Do we need Israel etc for that?” Sullivan: “We def need the etc. I think good to have Israel too.” Joel Benenson, pollster and chief strategist: “Why would we call out Israel in public events now? The only voters elevating FP at all are Republican primary voters.” Robby Mook, campaign manager: “I’m w Joel. We shouldn’t have Israel at public events. Especially dem activists.” Sullivan: “I won’t fall on sword over Israel but we need more than climate in that paragraph.” Dan Schwerin, speechwriter: “What about this as a base, and then she can drop in Israel when she’s with donors: “Fourth and finally, we have to protect our country from the global threats that we see, from terrorists to dictators to diseases – and the ones that are still over the horizon. We have to assert confident American leadership to shape global events rather than be shaped by them. That includes taking on global warming and those who continue to deny that it exists. And it means always standing up for our allies and our values, especially our fellow democracies.” Mook: “I’m fine with that.” Benenson: “Good.”
  • That’s a smoking gun email. It says just what Stephanie Schriock of Emily’s List and J.J. Goldberg said at J Street earlier this year, the role of Jewish donors on the Democratic side is “gigantic” and “shocking.” And those Jewish donors are seen as pro-Israel all the time, by folks who study politics. But meantime, Robby Mook says just what we’ve been saying here for a couple of years: the lobby has lost the Democratic base on Israel. Young Dems, people of color, women — they’re more sympathetic to Palestinians than Israelis. Don’t mention Israel with dem activists. So the system really is rigged. They don’t want to hear from the people on this.
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  • One other thing: Chief strategist Benenson shows how pathetic the Bernie Sanders campaign was on this issue. He says that the only voters who care about foreign policy are Republicans. It would be a year before Bernie made Israel a wedge issue, in the New York primary debate, when he dared to say that Benjamin Netanyahu is not right all the time, and Clinton had no response. That moment was brave, reluctant, and spasmodic. Had Bernie worked the Israel issue, there was political capital to be made. And everyone in the Clinton braintrust knew it. Don’t mention Israel with dem activists. Bernie followed the same script, pretty much.
  • Gotta keep going here. Here’s another leaked email to campaign chair John Podesta from his daughter Megan Rouse in May 2015, headlined “Israel”: I’ve heard a concern from some folks who care deeply about Israel that Hillary will be the president “most unfriendly to Israel in our history, worse than Obama.” Thoughts on how I might respond in conversation? Podesta wrote back: That’s a bit crazy. Obama developed a real feud with Bibi, but she has been a staunch defender of Israel since her Senate days. Probably her very best supporters are Haim Saban, and Danny Abraham who would not be with her if she wasn’t totally committed to Israeli security. Eli Clifton offers the moral of this story: “Podesta’s acknowledgement that two of Hillary Clinton’s key donors condition their support on her support of Israel’s security is a striking moment of candor from Podesta, but a statement which is consistent with her previous actions to placate the concerns of her biggest financial backers.”
  • This is also fantastic. When “Bibi” — no one calls him Benjamin Netanyahu in Dem circles– won reelection in the Israeli elections in March 2015, Clinton campaign chair John Podesta asked Paul Begala for his take on Netanyahu’s victory. Wow is Begala a whiz. He worked for Yitzhak Herzog, who lost; and he wrote back in part: Just as patterns of immigration are moving the US left, patterns of immigration are moving Israel right. I have never seen anything like Bibi’s furious surge to the right in the last 4 days. Nothing like it in America. He had robo-calls calling the President “Hussein Obama, the Muslim,” he had ads saying the Arabs will vote in droves. He accused Herzog of wanting to divide Jerusalem. Bibi did not win because of Iran. He won because of race. He cannibalized the smaller parties on the right: Bennett’s Jewish Home lost 4 seats, Shas lost 4 seats, Lieberman’s party lost 5 seats, United Torah lost 1. That is a 14 seat decline on the right. Bibi gained 10… All the smart guys in Tel Aviv thought Bibi was having a nervous breakdown. In the US you could never get away with those kind of racist appeals. But, man, did it work.
  • There’s really only one thing to say about this email. Begala is on television all the time slashing Donald Trump. Has he ever told American audiences that Benjamin Netanyahu is a racist in a way that no American politician could be? Not even Trump? And Israel is a place of creeping fascism (as Moshe Ya’alon and Yair Golan have explained)? Begala doesn’t say that because of emails 1 and 2 in this post; “Bibi” is necessary for the maintenance of the American establishment as it now stands. And President Clinton has promised: “I would also invite the Israeli prime minister to the White House in my first month in office.” Another leaked email says that Clinton says reaching out to Netanyahu, I mean Bibi, is “near the top” of her list of priorities. I wonder why.
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    Not news in the sense that it's been clear for more than a year that Hillary will be even more pro-Israeli right-wing leadership than Obama has been. But now her Israeli policy conflict with the majority of voters who elect Democratic presidents has been outed.
Paul Merrell

Senators: CIA 'Misleading' Public Over Secret Torture Report - 0 views

  • U.S. senators openly castigated the Central Intelligence Agency on Tuesday for delaying the release of a long-awaited report on torture and secret prisons during the Bush era. Despite earlier comments that the committee, which commissioned the report, and the CIA were reaching an agreement on portions the controversial 6,000-page study, progress on its declassification is once again stymied. Meanwhile, long-simmering disagreements about the accuracy of the interrogation report have exploded into public view.  "I'm convinced more than ever that we need to declassify the report so that those with a political agenda can no longer manipulate public opinion," said Sen. Martin Heinrich (D-NM), referring to the CIA. "He's mad. I'm mad. We're all mad," added Sen. John D. Rockefeller (D-WV).
  • The interrogation report is the product of three year's work and $40 million in preparation costs. Ever since its completion one year ago last week, there's been strong disagreement among intelligence officials and lawmakers over how much information the public should be allowed to read,
  • Last week, the CIA insisted it was "prepared to work with the Committee." It highlighted the written response it gave to the committee in late June. "Our response agreed with a number of the study's findings, but also detailed significant errors in the study," said CIA spokesman Dean Boyd. That public remark concerning factual errors infuriated Senate Democrats despite the fact that it's been the CIA's position for months. "I am outraged that the CIA continues to make misleading statements about the committee's study of the CIA's interrogation program," said Heinrich. "There is only one instance in which the CIA pointed out a factual error in the study -- a minor error that has been corrected. For the rest, where the committee and the CIA differ, we differ on interpretation and conclusions from an agreed upon factual record."
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  • "You can't publicly call our differences of opinion significant errors in press releases," he said. "It's misleading. These are not factual errors." What exactly the two sides disagree on is a mystery because the report remains classified.
  • Officials who are familiar with the report's conclusions say that it offers detailed examples of how subjecting prisoners to harsh interrogations, including what human rights groups and others call torture, may have been counterproductive, and that the techniques didn't produce any leads that helped the CIA find Osama bin Laden, as some current and former CIA officials claim. Feinstein said in a statement last year that the CIA had made "terrible mistakes" by interrogating suspects in secret prisons, and that the report "will settle the debate once and for all over whether our nation should every employ coercive interrogation techniques."
  • In an interesting disclosure, Sen. Mark Udall (D-CO) noted that an internal CIA report exists that he says "is consistent with the Intelligence Committee's report" and differs from the CIA's official response to the committee. Udall said he and the committee would like to examine that report. When contacted, the CIA told The Cable, "We're aware of the Committee's request and will respond appropriately." One thing that is clear: Despite the fact that Feinstein said the committee would vote "shorty" to declassify the report, it's a near-certainty that the vote won't happen before the Senate breaks for recess given ongoing disputes between the committee and agency. Feinstein appeared visibly frustrated. "Let's get on with it," she said. "Let's vote to declassify."
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    Interesting. We may get to read more of the report than I had expected. Cross-reference: UN Convention against Torture, http://www.un.org/documents/ga/res/39/a39r046.htm
Paul Merrell

Americans Fear "Phantom Terrorist Threat". 70% Consider "ISIS A Major Threat" | Global ... - 0 views

  • Fear-mongering gets most people to believe a phantom terrorist threat exists. State-sponsored false flags like 9/11 (the mother of them all), Paris in mid-November and most recently San Bernardino, make it easy to manipulate an uninformed public to support policies demanding condemnation. As long as most people rely on television for so-called news and information, they’ll remain mindless that terrorists “R” us. US intelligence covertly supports Al Qaeda and its affiliated entities. New York Times/CBS polling data show pre-Paris and San Bernardino, only 4% of Americans called terrorism the nation’s top problem. Now it’s 19%. Chances of a significant terrorist attack on US soil (a real one, not a false flag) is near zero. Public opinion believes otherwise. Asked in The Times/CBS poll “how likely is a terror attack in the US,” 44% said very, 35% somewhat, and only 17% not too likely or not at all.
  • These numbers are the highest registered since since the post-9/11 October 1, 2001 Times/CBS poll. Asked the same question about the likelihood of a terrorist attack in America, 53% of respondents said very, 35% somewhat, and only 10% not too likely or not at all. Fear-mongering aided by false flags works. Instead of focusing on real issues like protracted Main Street Depression conditions, poverty and the threat of possible nuclear war, most people  nonsensically believe a phantom terrorist threat is likely or somewhat likely – not realizing they’ve been duped to support an agenda harming their welfare and security. For the first time since 2006 (before the 2008 financial crisis, creating protracted Main Street Depression conditions), most Americans fear a terrorist attack on US soil – either homegrown (63%) or originating from abroad (59%), clear evidence of public ignorance and the power of propaganda to manipulate people effectively. Nearly 70% of Americans consider ISIS a major threat. Only 11% say not at all – the public mindless about US responsibility for creating the terror group and others like it, used as imperial foot soldiers. Only one-fourth of Americans think the fight against ISIS is going well or somewhat well – not realizing Washington supports what it claims to oppose, or understanding US imperial wars caused the greatest refugee crisis since WW II.
  • The public is evenly divided on whether to let displaced Syrians enter America – even after a careful vetting process to screen out threats. Post-San Bernardino, Obama’s approval rating on combating terrorism sunk to 34%, a record low. 57% of Americans disapprove of how he’s handling the issue, a record high. Two-thirds of Democrats support him, compared to 90% of Republicans and 60% of independents against. His overall approval rating is 44% – astonishing it’s not much lower given how gravely he’s affected the welfare of the vast majority of Americans. Only 24% believe the country is headed in the right direction. The Times/CBS poll was conducted from December 4 – 8 among a random sample of 1,275 adults nationwide.
Paul Merrell

Edward Snowden asks for asylum in Ecuador: live updates | World news | guardian.co.uk - 0 views

  • The NSA whistleblower left Hong Kong on an Aeroflot flight to Moscow, two days after the US charged him with espionage, before applying for asylum in Ecuador
  • WikiLeaks has released a statement claiming that Snowden is "bound for Ecuador" and is awaiting the processing of his application for asylum:  Mr Edward Snowden, the American whistleblower who exposed evidence of a global surveillance regime conducted by US and UK intelligence agencies, has left Hong Kong legally. He is bound for the Republic of Ecuador via a safe route for the purposes of asylum, and is being escorted by diplomats and legal advisors from WikiLeaks. Mr Snowden requested that WikiLeaks use its legal expertise and experience to secure his safety. Once Mr Snowden arrives in Ecuador his request will be formally processed. Former Spanish Judge Mr Baltasar Garzon, legal director of Wikileaks and lawyer for Julian Assange has made the following statement: "The WikiLeaks legal team and I are interested in preserving Mr Snowden’s rights and protecting him as a person. What is being done to Mr Snowden and to Mr Julian Assange - for making or facilitating disclosures in the public interest - is an assault against the people".
  • It’s past midnight in Hong Kong and late evening in Moscow, so time for a summary of the events so far on a day of extraordinary drama: • Edward Snowden, the NSA contractor whose revelations to the Guardian about the scale and scope of US spying and hacking activities has prompted global headlines, has fled Hong Kong and is now in Moscow. • His plane arrived in Russia shortly after 5pm local time. Snowden is not believed to have a Russian visa and is thought to be staying overnight at a capsule hotel inside Moscow's Sheremetyevo airport after reportedly being met on the tarmac by diplomatic cars.
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  • • Snowden was allowed to leave despite the US having filed a request for Hong Kong to arrest him. Hong Kong’s government said the documents sent by Washington did not fully meet legal requirements, the statement added, so Snowden was allowed to leave. It has since been reported that the US revoked Snowden’s passport on Saturday. It is not clear how he was allowed to leave Hong Kong if this happened. • Snowden is reportedly booked on a flight on Monday from Moscow to Havana, after which he is believed to be heading for another Latin American destination, reported variously as Venezuela or Ecuador. • The Ecuadorean ambassador to Russia is at the airport but said he had not met Snowden and was not entirely sure where he is.  • WikiLeaks has claimed in tweets it "assisted Mr Snowden's political asylum in a democratic country" and that its "legal advisers" are with him, including Sarah Harrison, a WikiLeaks staffer.
  • • There has been an angry reaction in the US to news of Snowden’s departure. Keith Alexander, head of the NSA, called Snowden “an individual who is not acting, in my opinion, with noble intent". • Snowden's departure came on the same day the South China Morning Post carried detailed reports of claims from him about US actions against China, including allegations of the hacking of phone text messages. China has said it is “gravely concerned” about the revelations. The country’s Xinhua news agency called the US “the biggest villain in our age" when it comes to hacking.
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    My favorite part so far, NSA head Gen. Keith Alexander called Snowden "an individual who is not acting, in my opinion, with noble intent". Let's consider for a moment that as a U.S. Army officer, Gen. Alexander, initially and upon each promotion, was required to "solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservations or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God."  http://www.army.mil/values/officers.html So what part of "support and defend the Constitution of the United States" is it that he didn't catch? U.S. military officers are required by law to disobey illegal commands. Can this man seriously believe that his mission does not violate the U.S. Constitution?  The Fourth and Fifth Amendments were direct reactions to the British Army's practice of invading Colonist's homes at will. destroying their privacy and seizing anything in sight including its residents, their papers, their personal effects, and their property without judicial warrant or due process and just compensation. But that is just what Gen. Alexander assists in. He is a usurper of our Constitution. But let's compare the courage of Edward Snowden and Keith Alexander: "Common experience shows how much rarer is moral courage than physical bravery.  A thousand men will march to the mouth of the cannon where one man will dare espouse an unpopular cause." - Clarence Darrow   "Few are willing to brave the disapproval of their fellows, the censure of the colleagues, the wrath of their society. Moral courage is a rarer commodity than bravery in battle or great intelligence. Yet it is the one essential, vital quality for those who seek to change a world that yields most painfully to change." -
Paul Merrell

Democrats' sympathy for Israel has crashed nearly 25 percent in last nine months -- Pew - 0 views

  • A new Pew Research Center poll from January 4-9 of American views on foreign policy shows that Democratic Party sympathies for Israel are crashing, down ten points in the last 9 months, from 43 percent to 33 percent. That’s a 23 percent crash. If this was the stock market, Israel would be considered a tanking stock. Liberal Democrats now sympathize with Palestinians over Israelis by two-to-one, while Democrats overall are now virtually tied in sympathies for Israel or Palestine, 33 to 31 respectively. While Republicans are overwhelmingly on Israel’s side. The gap of 41 points between parties in sympathies, for either Israel or the Palestinians, is at widest since 1978. Again, notice the numbers crashing for Israel among Dems: Nearly three-quarters of Republicans (74%) say they sympathize more with Israel than the Palestinians… Democrats are divided – 33% sympathize more with Israel, 31% more with the Palestinians, while 35% sympathize with neither, both or don’t express an opinion. While Republicans’ views of the Mideast conflict have changed little over the last few years, the share of Democrats sympathizing more with Israel has fallen 10 points since April 2016, when 43% said they sympathized more with Israel.
  • enjamin Netanyahu is driving the trend: Half of Republicans like him, but Democrats and Democratic leaners don’t care for him:  21% view [of Dems] Netanyahu favorably, while 45% have an unfavorable opinion and 34% do not express a view. Pew polled 1500 people, and it says Israel/Palestine is considered the eighth most threatening issue for the U.S. (after ISIS, cyberattacks, North Korea, Russian power and influence, climate change, Chinese power and influence, Iraqi and Syrian refugees). Democratic politicians who are bashing the U.N. Security Council vote on settlements? The public isn’t with them: The survey finds that the United Nations – which along with Israel has been a focal point of political debate since the election – is viewed positively by the public.  Currently, 62% view the United Nations favorably, while only half as many (31%) have an unfavorable opinion.
  • So the issue is dividing the Democratic Party, between liberals and moderates; and that means it is bound to be politicized, at last. During the Keith Ellison party chair campaign, and on into congressional races. Note to the base: House Democrats just voted overwhelmingly to condemn the president’s decision to abstain on the Security Council resolution that called all settlements, including of East Jerusalem, a flagrant violation of international law.
Paul Merrell

Misreading Public Opinion on Nuclear Negotiations With Iran « LobeLog - 0 views

  • As the P5+1 and Iran negotiate over the future of Iran’s nuclear program, some have begun to argue that the Iranian people are so supportive of reaching a deal that the Iranian government would face severe public opposition if it does not come to an agreement with world powers. We also see commentaries inside Iran arguing that not only President Obama’s legacy, but also the outcome of the 2016 US presidential election hinges on whether or not Obama succeeds in securing a deal with Iran. Neither of these positions are supported by existing opinion polls from Iran and the United States.
  • The same polls of the American people, however, show that a solid majority (63 percent) of Americans believe that Iran’s nuclear program is a “major threat” to the United States and 68 percent think that Iran is unlikely to really curtail its nuclear program and not develop atomic weapons.
Paul Merrell

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

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

New Poll Highlights Need for Reform in the Middle East « LobeLog - 0 views

  • A new public opinion survey undertaken in six Arab countries, Iran, and Turkey finds that people are more likely to blame “corrupt, repressive, and unrepresentative governments” and “religious figures and groups promoting extremist ideas and/or incorrect religious interpretations” for the rise of violent groups like al-Qaeda and the Islamic State than they are to blame “anger at the United States.” These findings are the result of a series of face-to-face polls conducted by Zogby Research Services on a commission from the Sir Bani Yas Forum in the United Arab Emirates (UAE) and released at a Middle East Institute-sponsored event on Wednesday. In September, ZRS interviewed a total of 7,400 adults across eight countries—Egypt, Iran, Iraq, Jordan, Lebanon, Saudi Arabia, Turkey, and the UAE—on a broad range of topics, including the ongoing conflicts in Iraq, Libya, Syria, and Yemen; the Israel-Palestine situation; the Iranian nuclear deal; and the threat of religious extremism. Respondents in Iran and Iraq were also asked a separate series of questions about internal affairs in those countries.
  • With respect to Israel-Palestine, the poll found that people in five of the six surveyed Arab nations are less likely to support a comprehensive Arab-Israeli peace deal now than they were back in 2009, when Zogby International’s “Six-Nation Arab Opinion Poll” asked a similar question of respondents in those five countries. In Egypt, which has seen the sharpest decline in support for a peace deal, almost two-thirds of respondents said that they would oppose a peace deal “even if the Israelis agree to return all of the territories and agree to resolve the refugee issue,” compared with only 8% who answered similarly in the 2009 survey. This represents a potential risk for Egyptian President Abdel Fattah el-Sisi, who has worked to improve Egyptian-Israeli relations despite the apparent feelings of most of the Egyptian public. Similar, albeit smaller, shifts were seen in Jordan (where 24% oppose a deal today, compared with 13% in 2009), Lebanon (30% vs. 18%), Saudi Arabia (36% vs. 18%), and the UAE (19% vs. 8%). Iraq was not part of the 2009 survey, but 59% of respondents in this survey said that they would also oppose a comprehensive peace deal with Israel.
  • Still, it was in the area of extremism and its causes where the poll generated its most interesting findings. When asked to rate eight factors on a 1-5 scale (where 1 means “very important factor”) in terms of their importance as a driver of religious extremism, respondents in all eight countries gave “anger at the U.S.” the fewest number of ones and twos, although that factor was still rated as important by a majority of respondents in Egypt, Saudi Arabia, the UAE, and Turkey. Zogby argued that this was a sign that Barack Obama’s attempt to leave a “softer U.S. footprint in the region pays off.” However, when asked whether the United States is playing a positive or negative role in combating extremist sectarian violence, large majorities in each country said that the U.S. was playing a negative role. Instead, the two most commonly cited factors in the development of religious extremism were “corrupt governments” and “extremist and/or incorrect religious ideas.” Other commonly cited factors, like “lack of education,” “poverty,” and “youth alienation” also speak to a consistent sense that extremism is an internal problem stemming from poor governance. Majorities in each of the eight countries except Iran agreed that “countering the messages and ideas promoted by recruiters for extremist groups” and “changing the political and social realities that cause young people to be attracted to extremist ideals” were “most important” in terms of defeating violent extremist groups like the Islamic State. Within Iraq, majorities from all three of the country’s major ethno-religious groups (Sunni Arabs, Shi?a Arabs, and Kurds) agreed that “forming a more inclusive, representative government” is the best way to resolve the conflict there, but even larger majorities from each group said that they were “not confident” that such a government will be formed within the next five years.
Paul Merrell

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

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

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

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