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Why Are We So Afraid To Fix Banks The Right Way?* | Clusterstock Henry Blodgett - 0 views

  • a debt-equity swap
  • LIF said: Jan. 19, 3:17 PM MY PLAN 1. Mandate a 12-1 leverage cap for all financial institutions to take effect within 180 days. This 12-1 leverage cap has to be calculated using real market prices, not mark-to-model prices. 2. Temporary ban on capital raising by banks – water can’t dilute poison. You eliminate the poison first then add more water. 3. Force banks, etc to reach this 12-1 leverage cap by selling their toxic assets within 180 days via a US Govt Auction. The US Govt will be the Auctioneer but will NOT bid for assets 4. Any bank that is unable to sell sufficient assets to bring it under the 12-1 leverage cap will automatically nationalized by the US Govt at a price of $1. All shareholdrers and bond holders forfeit their assets. This will provide an incentive to the banks/financial institutions to sell these assets. 5. The US Govt will now hold all the toxic assets to maturity - this will prevent private market bidders from low-bidding in (3) above. Private market bidders in essence are being told, you buy the assets during the auction or you will not have another opportunity to buy the assets, as the US Govt will sieze them at an effective rate of ZERO and then hold them to maturity. 6. Any bank that falls under nationalization will also have its CEO, Board of Directors and members of the Management committee for the past 5-10 years disgorge all compensation earned during the past 5-10 years. 7. Create standardized CDS products that traded on an electronic exchange. All non-standard CDS products should be liquidated in the OTC market or swapped into standardized CDS products prior to the commencement of the new CDS exchange. The exchange will commence within180 days. 8. New Mortgage Financing Rules: 20-30% minimum govt mandated down payments. Strict Debt to Income limits, etc. These rules must be codified into federal law. 9. New Credit Card/Auto Finance rules: strict rules on the amount of credit card/Auto finance debt available to consumers.
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    You don't have to subsidize banks and their stakeholders at taxpayer expense to avoid another Lehman.  You just have to fix the banks the right way. What's the right way? * Temporarily seize the banks * Write their assets down to nuclear-winter levels (or, if desired, put them in a big bad bank, as Sheila Bair wants to do.) * Convert enough of their debt to equity to put them in a strong capital position. That's it.  No taxpayer money.  No citizen outrage.  No comical "Yes, we're lending" assurances when what the banks are really doing is, sensibly, hoarding everything. We could do this to Citigroup and Bank of America tomorrow afternoon, and on Wednesday morning, two of our biggest banks would be rock solid (they could also still be publicly traded, under the same ticker symbols, with different shareholders). 
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Of Bailouts, Bonuses, and Generational Responsibility from The Daily Bail - 0 views

  • When one transfers the learned behavior of selfishness to the world of economics, it is east to see how we got to the world of adjustable rate mortgages, thirty-to-one leverage, credit default swaps, and thirty year hedge fund workers acting as is million dollar paychecks was an otherwise normal entitlement.  If it felt good, it was therefore right – and by all means, don’t rock the boat.  And what we are witnessing today in Washington and Wall Street in response to our economic crisis is nothing but a conscious and willing decision to pass off to the next generation the cost of our mistakes.
  • the fundamental principles of capitalism – namely that bad actors need to fail.
  • First and most foremost, the Congress needs to institute a modernized version of Glass-Stegall and separate commercial banking from investment banking activities. What we have seen in the abolishment Glass-Stegall (please thank Mr. Rubin formerly of Goldman Sachs) is the creation of federally subsidize casinos masquerading as publicly traded financial institutions.  They kept profits from over-leveraged bets and were kind enough to pass their losses onto the taxpayers.  Second, Congress needs to repeal legislation (Gramm-Leach) that allowed financial institutions not only to leverage in ways previously not permitted, but which also granted banks and financial situations exemption from federal gambling laws. Third, and this is where moral outrage hits home to those on Wall Street, we cannot live in a country in which any company is allowed to manipulate the levers of government in such a way as to make itself obscenely rich at the expense of the public.
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  • We saw as we proceeded through life that pursuing one’s self-interest was rewarded just as often than doing what was right, that morals were relative, and that there would be no consequences to bad behavior. It became de rigueur to assume that our parents (and their lawyers) would save us from our bad behavior.
  • no consequences to irresponsible behavior.
  • it is hard to avoid the reality that my generation, the baby boomers who are now approaching retirement, have caused the greatest collapse of the world economy since the 1930s, and in the process damaged this country in ways we are now only beginning to understand.
  • Goldman is only the largest corporate contributor to the Obama administration
  • Looking back more eighteen months after the first signs of distress in our economy appeared, it seems that leaders in Congress and Wall Street have erred in a manner never before witnessed in this nation.  In the process, they have conspired through their collective arrogance, greed, and ignorance to damage the economy of the country (if not the world), make many themselves rich beyond the imaginations of most Americans, and in the process commit the greatest financial rape of the American public in the history of the country.  And if that does resonate, then either you have not been paying attention for the past two years, or you have received your paycheck form Goldman Sachs.
  • Capitalism remains the best economic system on the planet, but when those who have profited handsomely seek to socialize losses caused by their errors, then those in power in Washington have a moral responsibility to demand an accounting.  Our anger comes from the fact that our leaders have failed in their public obligations at the expense of the interests on Wall Street, and in the process created the greatest social divide that this country has seen in the past 40 years.
  • our nation has one of the highest ratios of debt to GDP on the globe
  • Finally, the administration should demand (I know it won’t) that Goldman Sachs return the approximately $13 billion it received in backdoor payments through AIG when AIG received $180 billion in bailout money. That $13 billion belongs to the taxpayers of this country, and the decision to allow Goldman to receive that money perhaps stands as the greatest moral outrage of this entire sordid affair.  
  • he nation will not die; to the contrary, it would become stronger if we permit free markets to work, and allow the next-generation to live unburdened by our mistakes and arrogance.
  • The proposal in question was Ryan's "Roadmap for America's Future," a sweeping plan to stave off the nation's looming economic and fiscal collapse by changing the tax code, overhauling the health care system, and reforming the nation's major entitlement programs. Its debt-reducing claims aren't based on mere fantasy -- the Congressional Budget Office has determined that the plan would boost economic growth while making Medicare and Social Security solvent. And it accomplishes these aims without raising taxes or affecting the benefits of current retirees.
  • There's no doubt where the Treasury will turn for finance. We are about to see the greatest stuffing of banks with government securities the world has ever seen. American banks will be forced to gorge on Treasury securities, and disgorge bank reserves. Where else can the government get the next trillion to spend on things like wars, unemployment benefits, and food stamps?There are a few obvious things to think about here. At the rate of $120 billion a month, it will only take about nine months to blow through over a trillion dollars in free bank reserves. Each Treasury auction will find it more difficult to sell all of the treasury securities, and it will take rising interest rates to coax out even more reserves from the banks. (When you need to borrow over $4 billion a day, even a trillion dollars doesn't last long.)
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    Wow!  This is the best response to the financial collapse i have read to date.  Exceptional in clarity, but written with a tone of mixed sorrow and shame.  Mr. Gallow places the blame exactly where it should be placed.  It's a generational thing with one exception Mr. Gallow overlooks - the Obama margin of victory was very much due to the massive turnout and votes of post baby boomer generations.  We boomers may have created and caused the financial collapse and destruction of America, but they were dumb enough to put the decline of capitalism and ordered liberty on marxist steroids. excerpt:  .... this is the first time that I have been so angered by incompetence and greed in government and Wall Street to express publicly my own thoughts.  In simple terms, what has dawned on me is that my generation, the "Baby Boomers" between the ages of 45 and 65, has emerged not as not the most significant or talented generation in our history (as we thought we were), but rather as the most self-absorbed and reckless. Because ours will be the first generation in the history of this country to leave to its successors a nation in worse shape than that which it inherited; put differently, we will be the first generation in this nation to have taken from our parents and stolen from our children. .. it is hard to avoid the reality that my generation, the baby boomers who are now approaching retirement, have caused the greatest collapse of the world economy since the 1930s, and in the process damaged this country in ways we are now only beginning to understand. ... Looking back more eighteen months after the first signs of distress in our economy appeared, it seems that leaders in Congress and Wall Street have erred in a manner never before witnessed in this nation.  In the process, they have conspired through their collective arrogance, greed, and ignorance to damage the economy of the country (if not the world), make many themselves rich beyond the imaginations of mo
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The 25 Billion Dollar Secret: The NY Fed, Goldman & The AIG Cover-Up (GS, AIG) - 1 views

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    WOW!  Everyday brings new revelations.  We've been robbed! excerpt:  Now we know: Geithner and Friedman interceded on behalf of Goldman and Wall Street (Merrill received $6.2 billion, Societe General - a whopping $16.5 billion) to deliver a stealth bailout, one that wouldn't need Congressional approval, and even better wouldn't require the counterparties to pay any of it back NOR would it require that they issue shares, warrants or any other instrument to AIG (taxpayers) in return for more than $32 billion in free money. In any other time, a sitting Treasury Secretary who interceded on behalf of Wall Street to screw taxpayers out of tens of billions, would not be sitting long.  But Democrats control both the House and Senate, so there are no investiagtions (Issa's letter aside).  Traditional media is content not to rock the boat for President Banks Obama lest they be shunned by their peers, and ultimately, 99% of TV and print journalists don't understand the issues well enough to complain with any conviciton, especially against the merry backdrop of the Dow rising and their deflated 401ks beginning to show life. They fall prey to fear and weakly submit to duplicitous hyperbole (Paulson threatening martial law and blood in the streets), when they should instead be consulting with the objective, critical voices who foresaw the crisis and were prepared with alternative solutions when it finally came (Stiglitz said instead of TARP, create new banks). A pox on Congress, President Banks Obama, Bush, Paulson, Friedman, Bernanke and Geithner (plus Greenspan and Rubin).  You may have gotten away with it for now, but I would wager there are a few million of us, roughly, who do understand everything that went down last Fall, and we're not amused.  We're not just going to let this one pass, and we will not stop filling the vast interweb with the truth (and our distaste and vitriol for your wretched souls) day after day, week after week, all over message boards and fin
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Abbas signs Application for Palestinian ICC Membership - Between a Rock and a Hard Plac... - 0 views

  • PA President Mahmoud Abbas signed the application for Palestine’s accession to the Rome Statute and the International Criminal Court (ICC). Abbas signed the application on Wednesday, in response to the UN Security Council’s rejection of a Jordanian sponsored draft resolution on Tuesday. The resolution called for a fixed timeline for the end of the Israeli occupation of Palestine.
  • The rejected resolution called for a 12-months timeline for a final peace accord between Israel and Palestine and the full withdrawal of Israeli troops from Palestinian territories by the end of 2017.
  • The rejected draft resolution was harshly criticized by imprisoned Fatah leader Marwan Barghouti, other progressive Fatah members as well as by the PFLP and others. One of the major points of contention was that the proposed draft resolution, according to its Palestinian opponents, risked waving the right of return of displaced Palestinians.
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  • Russia, China and France voted in favor of the proposed resolution while the U.S. and Australia voted against. The UK, Rwanda, Nigeria and South Korea abstained, thus preventing the necessary majority. The U.S., however, noted that it would have used its veto right as permanent Security Council member, had the draft resolution received the votes necessary for its adoption. The Palestinian Authority led by PA President Mahmoud Abbas noted that the PA would sign an application to accede to the International Criminal Court in the Rome Statute. Arguably, a Palestinian accession to the ICC would endow it with the right to lodge charges for war crimes at the ICC. Signing the Rome Statute, however, is a two-edged sword as it also makes Palestine subject to the ICC.
  • The ICC has been widely criticized for being used to enforce western geopolitical interests as well as of selective prosecution. Whether a Palestinian ICC membership would ever result in the prosecution of Israeli war crimes is highly questionable. Arguably, it more likely that the ICC would be used by non-ICC member USA to demand the prosecution of Palestinians.
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Notes from the Fight Against Surveillance and Censorship: 2014 in Review | Electronic F... - 0 views

  • 2014 in Review Series Net Neutrality Takes a Wild Ride 8 Stellar Surveillance Scoops Web Encryption Gets Stronger and More Widespread Big Patent Reform Wins in Court, Defeat (For Now) in Congress International Copyright Law More Time in the Spotlight for NSLs The State of Free Expression Online What We Learned About NSA Spying in 2014—And What We're Fighting to Expose in 2015 "Fair Use Is Working!" Email Encryption Grew Tremendously, but Still Needs Work Spies Vs. Spied, Worldwide The Fight in Congress to End the NSA's Mass Spying Open Access Movement Broadens, Moves Forward Stingrays Go Mainstream Three Vulnerabilities That Rocked the Online Security World Mobile Privacy and Security Takes Two Steps Forward, One Step Back It Was a Pivotal Year in TPP Activism but the Biggest Fight Is Still to Come The Government Spent a Lot of Time in Court Defending NSA Spying Last Year Let's Encrypt (the Entire Web)
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    The Electronic Freedom Foundation just dropped an incredible bunch of articles on the world in the form of their "2014 Year In Review" series. These are major contributions that place an awful lot of information in context. I thought I had been keeping a close eye on the same subject matter, but I'm only part way through the articles and am learning time after time that I had missed really important news having to do with digital freedom. I can't recommend these articles enough. So far, they are all must-read.  
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Breakthrough hopes dented as Ukraine accuses Russia of new incursion | Reuters - 0 views

  • Late-night talks in the Belarussian capital Minsk had appeared to yield some progress towards ending a war in which more than 2,200 people have been killed, according to the U.N. -- a toll that excludes the 298 who died when a Malaysian airliner was shot down over rebel-held territory in July.Ukrainian President Petro Poroshenko said he would work on an urgent 'road map' towards a ceasefire with the rebels. Russia's Vladimir Putin said it would be for Ukrainians to work out ceasefire terms, but Moscow would "contribute to create a situation of trust".
  • The next step would be for a 'Contact Group', comprising representatives of Russia, Ukraine, the rebels and the Organisation for Security and Cooperation in Europe, to meet in Minsk, he said without giving a time frame.But Ukrainian foreign policy adviser Valery Chaly told reporters in Kiev that Poroshenko's declaration on a ceasefire road map did not mean an immediate end to the government’s military offensive against the rebels."If there are attacks from the terrorists and mercenaries, then our army has the duty to defend the people," he said.A crowd of several hundred gathered outside the presidential administration building in Kiev to demand reinforcement for Ukrainian forces in Ilovaysk, a town in Donetsk region, where government troops have been encircled by rebel units.
  • A rebel leader, Oleg Tsaryov, wrote on Facebook that he welcomed the outcome of the Minsk talks, but the separatists would not stop short of full independence for the regions of eastern Ukraine they call Novorossiya (New Russia).He said he saw "a real breakthrough" in Putin's offer to contribute to the peace process.But he added: "It must be understood that a genuine settlement of the situation is only possible with the participation of representatives of Novorossiya. We will not allow our fate to be decided behind our back..."Now we are demanding independence. We don't trust the Ukrainian leadership and don't consider ourselves part of Ukraine. The guarantee of our security is our own armed forces. We will decide our own fate."Further underlining Kiev's distrust of Moscow, Ukrainian Prime Minister Arseny Yatseniuk said his country needed "practical help" and "momentous decisions" from NATO at an alliance summit next month.
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    Highlighted statements are scattered and buried deep in an article mostly about new accusations against Russia. Coup government President Poroshenko's statement that he is working toward a peace roadmap represents an abrupt departure from that government's stance since it began its invasion of separatist-held territory in eastern Ukraine, that only the unconditional surrender of the separatists could halt the coup government's attack. Lying behind that statement (from other reports) is the fact that the tide of battle has turned sharply; the coup government's mostly-conscript army forces are variously surrounded or retreating as the separatists gain the upper hand. Moreover, nearly all of the coup government attack airplanes and helicopters have been destroyed by separatist MANPAD shoulder-fired ground-to-air missiles.  On coup government Prime Minister Yatseniuk's expressed need for "'practical help' and 'momentous decisions' from NATO at an alliance summit next month," I'd love to be a fly on wall during that meeting if the coup government's military situation continues to deteriorate. The U.S. is the only NATO member that wants further confrontation in Ukraine. Notwithstanding U.S. rhetoric threatening military action against Russia, it's doubtful that any military officers holding the rank needed to attend that NATO meeting would support NATO action against Russia so close to its own backyard. Russia has nukes aplenty, so it comes down to the ability to win a conventional war against Russia in Russia and the Ukraine. Far easier said than done, as both Napoleon Bonaparte and Adolph Hitler learned the hard way. Russia remains the nation with the second post powerful military in the world and would be playing on the home court with the ferocity of the Russian Bear. The U.S. would bring the most powerful force, both augmented and semi-crippled by taking the lead among reluctant NATO nation military forces. All to protect the U.S. dollar's dwindling purchasing powe
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U.S. Seen as Biggest Oil Producer After Overtaking Saudi Arabia - Bloomberg - 0 views

  • The U.S. will remain the world’s biggest oil producer this year after overtaking Saudi Arabia and Russia as extraction of energy from shale rock spurs the nation’s economic recovery, Bank of America Corp. said. U.S. production of crude oil, along with liquids separated from natural gas, surpassed all other countries this year with daily output exceeding 11 million barrels in the first quarter, the bank said in a report today. The country became the world’s largest natural gas producer in 2010. The International Energy Agency said in June that the U.S. was the biggest producer of oil and natural gas liquids. “The U.S. increase in supply is a very meaningful chunk of oil,” Francisco Blanch, the bank’s head of commodities research, said by phone from New York. “The shale boom is playing a key role in the U.S. recovery. If the U.S. didn’t have this energy supply, prices at the pump would be completely unaffordable.”
  • Oil extraction is soaring at shale formations in Texas and North Dakota as companies split rocks using high-pressure liquid, a process known as hydraulic fracturing, or fracking. The surge in supply combined with restrictions on exporting crude is curbing the price of West Texas Intermediate, America’s oil benchmark. The U.S., the world’s largest oil consumer, still imported an average of 7.5 million barrels a day of crude in April, according to the Department of Energy’s statistical arm.
  • “The shale production story is bigger than Iraqi production, but it hasn’t made the impact on prices you would expect,” said Blanch. “Typically such a large energy supply growth should bring prices lower, but in fact we’re not seeing that because the whole geopolitical situation outside the U.S. is dreadful.”
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Ellen Brown ~ Did The Other Shoe Just Drop? Black Rock And PIMCO Sue Banks For $250 Bil... - 0 views

  • For years, homeowners have been battling Wall Street in an attempt to recover some portion of their massive losses from the housing Ponzi scheme. But progress has been slow, as they have been outgunned and out-spent by the banking titans. In June, however, the banks may have met their match, as some equally powerful titans strode onto the stage.  Investors led by BlackRock, the world’s largest asset manager, and PIMCO, the world’s largest bond-fund manager, have sued some of the world’s largest banks for breach of fiduciary duty as trustees of their investment funds. The investors are seeking damages for losses surpassing $250 billion. That is the equivalent of one million homeowners with $250,000 in damages suing at one time. The defendants are the so-called trust banks that oversee payments and enforce terms on more than $2 trillion in residential mortgage securities. They include units of Deutsche Bank AG, U.S. Bank, Wells Fargo, Citigroup, HSBC Holdings PLC, and Bank of New York Mellon Corp. Six nearly identical complaints charge the trust banks with breach of their duty to force lenders and sponsors of the mortgage-backed securities to repurchase defective loans.
  • Why the investors are only now suing is complicated, but it involves a recent court decision on the statute of limitations. Why the trust banks failed to sue the lenders evidently involves the cozy relationship between lenders and trustees. The trustees also securitized loans in pools where they were not trustees. If they had started filing suit demanding repurchases, they might wind up suedon other deals in retaliation. Better to ignore the repurchase provisions of the pooling and servicing agreements and let the investors take the losses—better, at least, until they sued. Beyond the legal issues are the implications for the solvency of the banking system itself. Can even the largest banks withstand a $250 billion iceberg? The sum is more than 40 times the $6 billion “London Whale” that shook JPMorganChase to its foundations.
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Goldberg Sees Crisis in US-Israel Ties, Blames Bibi « LobeLog - 0 views

  • While everyone ritually insists that the bonds between Israel and the United States are “unbreakable,” yesterday’s analysis by Jeffrey Goldberg, “The Crisis in U.S.-Israel Relations Is Officially Here,” argues that they’re currently under unprecedented strain and that the fault lies mainly with Prime Minister Bibi Netanyahu. The analysis argues further that, post-November, the Obama administration may no longer be inclined to protect Israel (at least to the same pathetic extent) at the UN Security Council and may even be willing to go a step further by presenting “a public full lay-down of the administration’s vision for a two-state solution, including maps delineating Israel’s borders. These borders, to Netanyahu’s horror, would based on 1967 lines, with significant West Bank settlement blocs attached to Israel in exchange for swapped land elsewhere. Such a lay-down would make explicit to Israel what the U.S. expects of it.” I’m not a big fan of Goldberg, but this analysis is definitely worth a read if for no other reason than his voice is a very important one in the US Jewish community, including among the right-wing leadership of its major national organizations. And he essentially gives over most of the article—in a way that suggests he shares their views—to anonymous administration officials who have clearly grown entirely contemptuous of the Israeli leader, calling him, among other names, “chickenshit.” Goldberg himself describes the Netanyahu government’s policy toward Palestinians as being “disconnected from reality” and stresses what he calls the “unease felt by mainstream American Jewish leaders about recent Israeli government behavior.” It seems that his chief envoy and confidante here, Ron Dermer, is not doing a good job.
  • Of particular interest to readers of this blog, however, are Goldberg’s observations about how the administration views Bibi’s bluster about Iran: The official said the Obama administration no longer believes that Netanyahu would launch a preemptive strike on Iran’s nuclear facilities in order to keep the regime in Tehran from building an atomic arsenal. “It’s too late for him to do anything. Two, three years ago, this was a possibility. But ultimately he couldn’t bring himself to pull the trigger. It was a combination of our pressure and his own unwillingness to do anything dramatic. Now it’s too late.” This assessment represents a momentous shift in the way the Obama administration sees Netanyahu. In 2010, and again in 2012, administration officials were convinced that Netanyahu and his then-defense minister, the cowboyish ex-commando Ehud Barak, were readying a strike on Iran. To be sure, the Obama administration used the threat of an Israeli strike in a calculated way to convince its allies (and some of its adversaries) to line up behind what turned out to be an effective sanctions regime. But the fear inside the White House of a preemptive attack (or preventative attack, to put it more accurately) was real and palpable—as was the fear of dissenters inside Netanyahu’s Cabinet, and at Israel Defense Forces headquarters. At U.S. Central Command headquarters in Tampa, analysts kept careful track of weather patterns and of the waxing and waning moon over Iran, trying to predict the exact night of the coming Israeli attack.
  • Today, there are few such fears. “The feeling now is that Bibi’s bluffing,” this second official said. “He’s not Begin at Osirak,” the official added, referring to the successful 1981 Israeli Air Force raid ordered by the ex-prime minister on Iraq’s nuclear reactor. The belief that Netanyahu’s threat to strike is now an empty one has given U.S. officials room to breathe in their ongoing negotiations with Iran. This is a significant passage. It suggests that the administration has decided to essentially ignore Netanyahu and his threats to take unilateral action, including when they are conveyed by members of Congress close to the Israel lobby. It also suggests strongly that the administration will not back up Israel if it should indeed undertake a strike of its own in hopes that Washington would be dragged into to finishing the job.
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  • Goldberg’s analysis about the state of the relationship is, in some ways, mirrored by Bret Stephens’s weekly “Global View” column in Tuesday’s Wall Street Journal, “Bibi and Barack on the Rocks,” although he, entirely predictably given his pro-settler worldview, sees Bibi as the wronged party. And, unlike Goldberg, he doesn’t see the US as the more powerful. Noting how Defense Minister Moshe Yaalon was snubbed by senior administration officials with whom he requested to meet, Stephens, a former editor of the Jerusalem Post, writes: The administration also seems to have forgotten that two can play the game. Two days after the Yaalon snub, the Israeli government announced the construction of 1,000 new housing units in so-called East Jerusalem, including 600 new units in the Ramat Shlomo neighborhood that was the subject of a 2010 row with Joe Biden. Happy now, Mr. Vice President? Stephens calls for a “trial separation” by the two countries in which Israel will give up its $3 billion dollar/year US aid package to free itself from US interference
  • The administration likes to make much of the $3 billion a year it provides Israel (or, at least, U.S. defense contractors) in military aid, but that’s now less than 1% of Israeli GDP. Like some boorish husband of yore fond of boasting that he brings home the bacon, the administration thinks it’s the senior partner in the marriage. Except this wife can now pay her own bills. And she never ate bacon to begin with. It’s time for some time away. Israel needs to look after its own immediate interests without the incessant interventions of an overbearing partner. The administration needs to learn that it had better act like a friend if it wants to keep a friend. It isn’t as if it has many friends left. This is precisely where Goldberg believes current Israeli policy is leading it.
  • Netanyahu, and the even more hawkish ministers around him, seem to have decided that their short-term political futures rest on a platform that can be boiled down to this formula: “The whole world is against us. Only we can protect Israel from what’s coming.” …But for Israel’s future as an ally of the United States, this formula is a disaster.”
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    If Goldberg and Stephens have it right, a U.S./Israel divorce might just spell the end of the appartheid state of Israel. It is only the U.S. veto on the U.N. Security Council that has enabled Israel to continue to treat Palestinians with impunity and to retain control of and colonize the territory it seized in the 1967 war that it launched. (The right to acquire territory by conquest was abolished by the U.N. Charter and the Fourth Geneva Convention in the late 1940s.)  Israel is now a pariah state internationally, with only the U.S., Canada, and a few minor island nations dependent on the U.S. still voting for Israel even in the U.N. General Council. Moreover, the U.S. public is fed up with the foreign wars the U.S. has been waging in the Mideast in aid of Israel's empirical goal of destabilizing and Balkanizing Israel's Arab neighbors. A U.S./Israel divorce would almost certainly bring down Netanyahu's government. On the other hand, the Obama Administration's relationship with Israel has been a departure from the historical norm in the U.S. and Obama's likely successor, Hillary Clinton, has long been much more friendly with the Israel Lobby than Obama.  Many close observers believe that Netanyahu's strategy with Obama has been to wait until Obama is out of office, betting that his successor will be much more amenable to Bibi's desires. But with Bernie Sanders hat in the ring for Auction 2016 and possibly Elizabeth Warren as well, it's conceivable that issues they raise might push Hillary to adopt a less Israel-friendly stance. But on yet another hand, Obama's stance on ISIL is entirely consistent with Israel's longstanding goal of regime change in Syria and Balkanization of Iraq into three nations along ethnic/religious lines, an independent  Kurdistan in the north, a Shia-stan in the South, and a Sunni state in the middle. Note in this regard Obama's strategy of arming "moderate" Syrians only to defend territory ISIL has not yet seized, then to bring down t
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One of the World's Safest Places for Banking Is Rocked by Scandals - WSJ - 0 views

  • Commonwealth Bank of Australia ’s oversight of money transfers from that account to Lebanon last year was among many failures cited by the Australian federal government’s financial intelligence agency in its nearly US$530 million fine of the bank on Monday. If approved, the fine—meant to settle a lawsuit brought by the agency and founded on breaches of the country’s Anti-Money Laundering and Counter-Terrorism Act—would be the largest corporate civil penalty ever paid in Australia. Australia’s banks have long held a reputation for being among the world’s safest for investors. But a series of scandals over the past year has rocked the country’s top financial institutions. Commonwealth Bank has seen separate penalties for conduct in alleged interest-rate rigging and bad governance. On Friday, Australia & New Zealand Banking Group Ltd. said it would defend against criminal prosecution for alleged cartel conduct in a 2015 capital raising. A public inquiry into the sector, launched last autumn by Prime Minister Malcolm Turnbull, has heard accusations against Australia’s leading financial firms of inappropriate lending, collecting fees from dead customers for financial advice and lying to regulators. The tribunal has already claimed several big scalps. Beginning in late April, the chief executive, chairman and several board members at Australia’s largest wealth management company, AMP Ltd. , resigned after the company admitted it had misled regulators and been slow to compensate customers for fees charged for financial advice it didn’t deliver.
  • Disoriented investors now fear tighter regulation of a sector that has reliably returned a run of record annual underlying profits and solid dividends. The government has already beefed up penalties for corporate wrongdoing, including prison time, and strengthened the corporate regulator’s investigative powers. Commonwealth Bank shares recently tumbled to 5-year lows.
  • Those mistakes included not assessing the inherent risk of so-called intelligent deposit machines before mid-2015. Commonwealth Bank also didn’t limit the number of times that customers could deposit money each day, or create reports on thousands of deposits of A$10,000 (US$7,569) or more at the machines. These flaws created an architecture that money launderers could exploit, the financial-intelligence agency said.
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  • ANZ last month said it would scrap sales-based bonuses for financial planners while paying compensation in about 9,000 cases where it had provided inappropriate advice. And the banking industry has agreed to binding changes around conduct, including tightened background checks for employees and improved transparency around fees.

You Rock Dave! - 1 views

started by Andrey Paxton on 14 Nov 12 no follow-up yet
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Asia Times Online :: Digital Blackwater rules - 0 views

  • But when it comes to how a 29-year old IT wizard with little formal education has been able to access a batch of ultra-sensitive secrets of the US intelligence-national security complex, that's a no-brainer; it's all about the gung-ho privatization of spying - referred to by a mountain of euphemisms of the "contractor reliance" kind. In fact the bulk of the hardware and software used by the dizzying network of 16 US intelligence agencies is privatized. A Washington Post investigation found out that US homeland security, counter-terror and spy agencies do business with over 1,900 companies. [2] An obvious consequence of this contractor tsunami - hordes of "knowledge" high-tech proletarians in taupe cubicles - is their indiscriminate access to ultra-sensitive security. A systems administrator like Snowden can have access to practically everything.
  • So then we may have a case of Hong Kong and Beijing having to reach an agreement. Yet even if they decided to extradite Snowden, he could argue in court this was "an offence of a political character". The bottom line - this could drag on for years. And it's too early to tell how Beijing would play it for maximum leverage. A "win-win" situation from a Chinese point of view would be to balance its commitment to absolute non-interference in foreign domestic affairs, its desire not to rock the fragile bilateral relation boat, but also what non-pivoting move the US government would offer in return.
  • Since 1996, before the British handover to China, an extradition treaty applies between the tiger and the wolf. [4] The US Department of Justice is already surveying its options. It's important to remember that the Hong Kong judicial system is independent from China's - according to the Deng Xiaoping-conceptualized "one country, two systems". As much as Washington may go for extraditing Snowden, he may also apply for political asylum. In both cases he may stay in Hong Kong for months, in fact years. The Hong Kong government cannot extradite anyone claiming he will be persecuted in his country of origin. And crucially, article 6 of the treaty stipulates, "a fugitive offender shall not be surrendered if the offence of which that person is accused or was convicted is an offence of a political character." Another clause stipulates that a fugitive shall not be surrendered if that implicates "the defense, foreign affairs or essential public interest or policy" of - guess who - the People's Republic of China.
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  • What he stressed is how they all work under a false premise; "If a surveillance program produces information of value, it legitimizes it ... In one step, we've managed to justify the operation of the Panopticon". Oh yes, make no mistake; Snowden has carefully read his Michel Foucault (he also stressed his revulsion facing "the capabilities of this architecture of oppression"). Foucault's deconstruction of the Panopticon's architecture is now a classic (see it here in an excerpt of his 1975 masterpiece Discipline and Punish). The Panopticon was the ultimate surveillance system, designed by utilitarian philosopher Jeremy Bentham in the 18th century. The Panopticon - a tower surrounded by cells, a pre-Orwellian example of "architecture of oppression" - was not originally conceived for the surveillance of a prison, but of a factory crammed with landless peasants on forced labor. Oh, but those were rudimentary proto-capitalist days. Welcome to the (savagely privatized) future, where the NSA black hole, "Digital Blackwater", lords over all as the ultimate Panopticon.
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Venezuela accuses US, opposition of planning coup - The Washington Post - 0 views

  • Venezuela is accusing the United States and the country’s political opposition of planning a coup for Thursday, the day that government opponents have called for a march to demand a recall vote against President Nicolas Maduro. The Foreign Ministry’s North America agency issued a statement Monday protesting U.S. State Department spokesman John Kirby’s call for the release of the jailed former mayor of San Cristobal, Daniel Ceballos, who was taken from his home early Saturday by state intelligence agents and moved back to prison in central Guarico state. He had been under house arrest. The socialist government said Ceballos was planning to flee before the Thursday protest in Caracas and carry out violent acts to destabilize the country. But the move alarmed the opposition, Washington and human rights groups who consider him a political prisoner.
  • “The brand and authorship of the coup being planned for September 1, 2016, in Venezuela, in collusion with the anti-democratic opposition and international right, has become clear...,” said a North America office statement published on the Foreign Ministry’s website. It said President Barack Obama’s government “is seeking to destabilize Venezuela and the region in its final days to legitimize its imperial plans against peace and the development of the people.” Venezuela’s government has frequently accused Washington and the country’s opposition of plotting coups. U.S. officials regularly deny the accusations.
  • The 32-year-old Ceballos was the leader of a wave of anti-government protests in San Cristobal that rocked Venezuela in early 2014, leading to more than 40 deaths. He was initially arrested along with several other activists of his Popular Will party, including opposition leader Leopoldo Lopez. Ceballos has already served a 12-month sentence for disobeying a government order to remove barricades during the protests but still faces civil rebellion charges. He had been in prison but was allowed house arrest after having kidney problems. He won a congressional primary from behind bars last year but authorities later barred him from holding public office. His wife then won by a landslide in an election to succeed him. The U.S.-backed opposition has made the release of Lopez, Ceballos and dozens of other activists it considers political prisoners a key demand. Maduro considers the activists dangerous coup-plotters.
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    The U.S. has instigated three prior coup attempts in Venezuela, so I don't discount the possibility of a fourth attempt.
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Air Strike Targets Syrian Air Base Near Damascus as ISIL Captured Air Base in Homs - ns... - 0 views

  • Massive explosions rocked the al-Mezzeh air base west of the Syrian capital Damascus just after midnight. Syrian military sources report that the explosions were caused by an Israeli air strike. The al-Mezzeh air base is vital for providing air support for Syrian forces who have launched a campaign to re-liberate the city of Palmyra because ISIL insurgents succeeded at capturing the T-4 air base in Homs governorate.
  • Syrian military sources reported that Israeli military jets fired several missiles that landed in the surroundings of the al-Mezzeh air base shortly after midnight at 12:25, causing large fires to erupt. Syrian military sources also reported that the missiles had been launched from the Lake Tiberias area. Following standard policies, the Israeli military has thus far neither confirmed or denied its involvement in the air strikes. The Syrian side, for its part, has not released radar data to the press. The Syrian military has not released any detailed damage reports either but considering the massive explosions and subsequent fires it is safe to assume that several military jets may have been damaged, thus further depleting Syrian air forces material. What Syrian military sources did release was a statement, claiming that the new Israeli air strike came in support of terrorist organizations to “raise their morale”. he General Command of the Army and the Armed Forces has warned the Israeli side of the repercussions of what it described as a “flagrant attack”. The Al-Mezzeh air base came under a similar Israeli attack on December 7, 2016, where several ground-to-ground missiles were fired from inside the occupied Palestinian territories to the west of the Tall Abu al-Nada hill. The missiles hit near the airport and caused a fire to break out but  did not cause casualties.
  • The air strike against the Al-Mezzeh air base comes at a time when Syrian Arab Army (SAA) forces are engaged in a campaign aimed at re-capturing the city of Palmyra in Homs Governorate from the self-proclaimed Islamic State (ISIS, ISIL, Daesh). On December 27, 2916 ISIS fighters seized al-Tilal al-Soud, a.k.a. Black Hills, near the town of al-Qaryatain, overlooking the eastern part of the city of Homs. The insurgents used heavy weapons including Grad rockets in their offensive on December 27, forcing SAA to initiate a tactical withdrawal. On December 20 ISIS fighters seized control over the strategically significant T-4 air base east of Homs after seizing security checkpoints in the nearby Mashtal and Qasr al-Hir Districts.
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  • The insurgents had imposed a siege on the airbase on December 12 and destroyed at least five warplanes. Located in the Homs’ eastern countryside, the T4 Airport used to be a critical security installation, providing SAA forces with close air support. The loss of the air base also complicated attempts to re-capture the city of Palmyra from ISIS. The al-Mezzeh air base near Damascus has thus become crucial for providing air support for SAA troops in Homs Governorate. On December 13, 2016 ISIS captured the main road between al-Qaryatain town and Homs city. The road used to be a main  supply route for the SAA’s forces. ISIS seized control of the logistic arteries after capturing military checkpoints. On December 11, ISIS recaptured the ancient city of Palmyra in Homs Governorate subsequent to heavy clashes and a coordinated attack from the east north and south. Russian air forces had supported the Syrian Arab Army but didn’t succeed in preventing ISIS from recapturing the city.
  • Syria’s Foreign and Expatriates Ministry on Friday sent two letters to the UN Secretary General and the head of the UN Security Council denouncing a new Israeli aggression on the  Mezzeh military airport. In its letters, the Ministry stated: ” The new Israeli missile attack on Mezzeh military airport west of Damascus comes within a long series of Israeli attacks since the beginning of the terrorist war on the sovereignty, territorial integrity and independence of Syria which has been planned in the Israeli, French and British intelligence agencies and their agents in Saudi Arabia, Turkey, Qatar and other countries that wanted to impose control and hegemony on Syria and the region”. It is noteworthy that the al-Mezzeh air base is located no more than about 5 kilometers from the residence of Syrian President Bashar al-Assad.
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Kurdish TAK Claim Responsibility for Istanbul Bombings - Timed for a Constitutional Cou... - 0 views

  • The Kurdistan Freedom Hawks (TAK) claimed responsibility for the twin bomb attack near Istanbul’s Beşiktas’s Vodafone Arena Stadium that killed 38 people and wounded 166 Saturday night. The TAK, a PKK offshoot is believed to be infiltrated and at least in part handled by Turkish and NATO intelligence. The bombings happened as a drat resolution for sweeping constitutional change was presented in parliament and as the U.S. declared its solidarity with Turkey in its fight against the PKK.
  • The Kurdistan Freedom Hawks (TAK) published a claim of responsibility for the deadly twin bombing in Istanbul Saturday night. The TAK mentions several reasons for the bombing; among the primary ones is the continued imprisonment of Kurdistan Worker’s Party (PKK) leader Abdullah Öcalan. The TAK split off from the PKK in the early 200os. The organization has no more than about 200 – 300 armed members. Most objective political analysts and intelligence analysts consider the TAK to be an organization that, at the very least, has been deeply infiltrated by, and one that is at the very least in part managed by Turkish and NATO intelligence structures. The TAK are notorious for carrying out low-cost, high-public-profile attacks that result in support for otherwise controversial Turkish government or NATO policies. The TAKs strategy, including attacks on non-combatant civilians, is largely inconsistent with the policy and the strategy of the PKK. The latter primarily launches guerrilla attacks against military targets.
  • The twin bombings in Istanbul happened not long after Turkey’s ruling Justice and Development Party, (AKP), submitted a 21-article draft for a constitutional amendment in parliament. The proposal aims at abolishing the post of the prime minister and to institute a presidential system instead. The proposed system will vastly enhance the powers for the head of state. An agreement between the AKP and the Nationalist Movement Party (MHP) has been reached while the CHP opposes it “somewhat” and the leftist pro-Kurdistan peace HDP opposes it fully. The draft constitutional amendment was submitted to the parliamentary speaker on Dec. 10, one day prior to the bombings in Istanbul. It is widely believed to be adopted by parliament after the mandatory readings. The draft proposes granting the president the authority to issue decree laws, declare a state of emergency, rule the country with resolutions during states of emergency, appoint public officials and half of the top judges. If the bill passes parliament, may be submitted for a public referendum, although it is questionable whether such a referendum would even be considered valid while the country still maintains a state of emergency and numerous HDP members, including members of parliament and Mayors are jailed or otherwise persecuted. The draft proposes a one-chamber parliament and stresses the country’s unitary system that implicitly rejects a republican model or regional autonomy for Kurdish areas. Peace negotiations between the Turkish AKP government and the PKK during the ceasefire that was unilaterally ended by the government last year, had led the PKK to drop its demand for aa separate Kurdish State in exchange for forms of regional autonomy and cultural self-determination in predominantly Kurdish areas.
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  • The proposed constitutional change was met by substantial public criticism – until the “Kurdistan Freedom Hawks” distracted from the discourse by exploding two bombs in Istanbul. Instead of discussions about and protests against what is widely perceived as the attempt to implement a semi-dictatorial presidential system, the AKP, the MHP and associated organizations are now calling for mass rallies against terror (Kurds), and national unity.
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Say Hello to China's ICBMs - 0 views

  • China's alleged deployment of a DF-41 strategic ballistic missile brigade to Heilongjiang province, bordering Russia, triggered a fascinating spectacle; how to spin – or not to spin - what necessarily represents a milestone in Russia-China's strategic partnership.The Global Times stressed Hong Kong and Taiwan media interpreted pictures of the DF-41 were taken in Heilongjiang, admitting there was no official confirmation from Beijing while hoping the "strategic edge" would soon be confirmed.
  • Russian media was way more explicit, with military analyst Konstantin Sivkov stressing that the DF-41, as positioned, would not be able to target Russia's Far East and most of Eastern Siberia; and Kremlin spokesman Dmitry Peskov noting that "if the reports prove correct, the military build-up in China is not perceived as a threat to our country."
  • The timing of the alleged deployment, with Team Trump doubling down on anti-Chinese rhetoric on their war of positioning geared to extract further trade concessions, may indeed betray a very graphic Beijing message.
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  • The DF-41, a three-stage solid-propellant missile, with a range of up to 15,000 km and capable of delivering up to 10 MIRVed nuclear warheads, is one of the most sophisticated – and secret — ICBMS on earth. Virtually everything about it is classified. Positioning in Heilongjiang, near the city of Daqing, close to the Russian border, implies a huge "dead zone" around it. So call it a mix of nuclear deterrence and a "message" to the ultimate target — the West Coast of the United States. This propels the matter to an even more serious sphere than a possible upcoming crisis in the South China Sea, where the Pentagon, under the pretext of "freedom of navigation", is obsessed in maintaining "access", Trump or no Trump. If there ever were an attempted American blockade in the South China Sea, it would be easy to take out the Chinese-developed islands/islets/rocks/shoals. But far from easy to grapple with the Chinese response; submarines with "carrier killer" missiles able to take out anything the US Navy may come up with.
  • It's virtually guaranteed that an official Chinese confirmation of the DF-41 deployment will accelerate a nuclear arms race, involving all players from Russia, China and the US to India and Pakistan and even North Korea.
  • But more than this, it will be yet another lethal blow to the Beltway's master strategy – first deployed by Dr. Zbig "Grand Chessboard" Brzezinski – of trying to prevent the emergence of any peer competitor, or worse, an alliance of peer competitors such as Russia-China. Just at the start of the Trump era, the new reality could not be more striking. Not long ago, it was "say hello to Russia-China". Now it's "say hello to China's ICBMs."
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Arab public enemy #1 - Ariel Sharon remembered as a blood thirsty war criminal | Al Bawaba - 0 views

  • Former Israeli Prime Minister Ariel Sharon, who died Saturday aged 85, was widely reviled in Lebanon for his role in the invasion of the country in 1982 as well as the massacres at the Beirut-based Palestinian refugee camps of Sabra and Shatila.Sharon was commonly dubbed the “Butcher of Beirut” for his association with some of the worst atrocities during Lebanon’s 1975-1990 Civil War.He was a part of the Israeli military since the country’s creation, as a member of the Jewish Haganah paramilitaries in the 1947-48 war that led to the “Nakba,” displacing hundreds of thousands of Palestinians. He rose through the ranks with his belligerent military strategies, leading a brigade in the 1956 Suez War, and engineering the capture of the Sinai Peninsula 11 years later during the Six Day War.However, it was in his political career that he will be most controversially remembered.
  • As Defense Minister he spearheaded the invasion of Lebanon in 1982, set up to root out Yasser Arafat’s Palestinian Liberation Organization and form a peace accord with the Beirut government. The invasion morphed into a long occupation, and inadvertently helped to confirm Hezbollah’s status as the resistance party.In 1982, Israel’s ally Bashir Gemayel was assassinated by Syrian Socialist Nationalist Party member Habib Chartouni. Gemaye’s Kataeb fighters looked to the Palestinians to avenge the death and launched an attack of the Sabra and Shatila Palestinian refugee camps in Beirut, which were under Israeli control.Hundreds of Palestinians, including many women and children, were brutally killed.It was a massacre that Sharon was personally implicated in. A U.N. investigation the next year concluded that Israel was responsible for the attacks, and the Israeli-run Kahan Commission the same year determined that Sharon was personally accountable.The Kahan report’s findings said that Sharon bore responsibility "for ignoring the danger of bloodshed and revenge" and "not taking appropriate measures to prevent bloodshed."
  • The conclusions led many to dub Sharon the “Butcher of Beirut” and forced him to resign from the defense post but he refused to leave Cabinet, remaining minister without portfolio.His bellicose reputation continued into his tenure as prime minister.In 2000, he walked brazenly into the Temple Mount complex which houses the Dome of the Rock and the Aqsa mosque, some of the holiest sites in Islam. The inflammatory move was widely attributed as sparking the Second Palestinian Intifada.He was also associated with the widespread expansion of illegal outposts in the West Bank. As Housing Minister in the 1990s, he oversaw the biggest settlement drive in 20 years. However, despite his uncompromising attitude, in 2004 he signed into law a plan to re-house all settlers in the Gaza Strip.
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First Unitarian Church of Los Angeles v. NSA | Electronic Frontier Foundation - 0 views

  • Twenty-two organizations including Unitarian church groups, gun ownership advocates, and a broad coalition of membership and political advocacy organizations filed suit against the National Security Agency for violating their First Amendment right of association by illegally collecting their call records. The coalition is represented by EFF. At the heart of First Unitarian Church of Los Angeles v. NSA is the bulk telephone records collection program that was confirmed by the publication of an order from the Foreign Intelligence Surveillance Court (FISC) in June of 2013. The Director of National Intelligence (DNI) further confirmed that this formerly secret document was authentic, and part of a broader program to collect all major telecommunications customers’ call history. The order demands wholesale collection of every call made, the location of the phone, the time of the call, the duration of the call, and other “identifying information” for every phone and call for all customers of Verizon for a period of three months. Government officials further confirmed that this was just one of series of orders issued on a rolling basis since at least 2006. First Unitarian v. NSA argues that this spying violates the First Amendment, which protects the freedom to associate and express political views as a group.
  • Twenty-two organizations including Unitarian church groups, gun ownership advocates, and a broad coalition of membership and political advocacy organizations filed suit against the National Security Agency for violating their First Amendment right of association by illegally collecting their call records. The coalition is represented by EFF. At the heart of First Unitarian Church of Los Angeles v. NSA is the bulk telephone records collection program that was confirmed by the publication of an order from the Foreign Intelligence Surveillance Court (FISC) in June of 2013. The Director of National Intelligence (DNI) further confirmed that this formerly secret document was authentic, and part of a broader program to collect all major telecommunications customers’ call history. The order demands wholesale collection of every call made, the location of the phone, the time of the call, the duration of the call, and other “identifying information” for every phone and call for all customers of Verizon for a period of three months. Government officials further confirmed that this was just one of series of orders issued on a rolling basis since at least 2006. First Unitarian v. NSA argues that this spying violates the First Amendment, which protects the freedom to associate and express political views as a group.
  • The case challenges the mass telephone records collection that was confirmed by the FISA Order that was published on June 5, 2013 and confirmed by the Director of National Intelligence (DNI) on June 6, 2013. The DNI confirmed that the collection was “broad in scope” and conducted under the “business records” provision of the Foreign Intelligence Surveillance Act, also known as section 215 of the Patriot Act and 50 U.S.C. section 1861. The facts have long been part of EFF’s Jewel v. NSA case. The case does not include section 702 programs, which includes the recently made public and called the PRISM program or the fiber optic splitter program that is included (along with the telephone records program) in the Jewel v. NSA case. 
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  • Our goal is to highlight one of the most important ways that the government collection of telephone records is unconstitutional: it violates the First Amendment right of association. When the government gets access to the phone records of political and activist organizations and their members, it knows who is talking to whom, when, and for how long. This so-called “metadata,” especially when collected in bulk and aggregated, tracks the associations of these organizations. After all, if the government knows that you call the Unitarian Church or Calguns or People for the American Way or Students for Sensible Drug Policy regularly, it has a very good indication that you are a member and it certainly knows that you associate regularly. The law has long recognized that government access to associations can create a chilling effect—people are less likely to associate with organizations when they know the government is watching and when the government can track their associations. 
  • Twenty-two organizations including Unitarian church groups, gun ownership advocates, and a broad coalition of membership and political advocacy organizations filed suit against the National Security Agency for violating their First Amendment right of association by illegally collecting their call records. The coalition is represented by EFF. At the heart of First Unitarian Church of Los Angeles v. NSA is the bulk telephone records collection program that was confirmed by the publication of an order from the Foreign Intelligence Surveillance Court (FISC) in June of 2013. The Director of National Intelligence (DNI) further confirmed that this formerly secret document was authentic, and part of a broader program to collect all major telecommunications customers’ call history. The order demands wholesale collection of every call made, the location of the phone, the time of the call, the duration of the call, and other “identifying information” for every phone and call for all customers of Verizon for a period of three months. Government officials further confirmed that this was just one of series of orders issued on a rolling basis since at least 2006. First Unitarian v. NSA argues that this spying violates the First Amendment, which protects the freedom to associate and express political views as a group.
  • The First Amendment right of association is a well established doctrine that prevents the government “interfering with the right to peaceably assemble or prohibit the petition for a governmental redress of grievances.” The most famous case embracing it is a 1958 Supreme Court Case from the Civil Rights era called  NAACP v. Alabama. In that case the Supreme Court held that it would violate the First Amendment for the NAACP to have to turn over its membership lists in litigation. The right stems from the simple fact that the First Amendment protects the freedom to associate and express political views as a group. This constitutional protection is critical because, as the court noted “[e]ffective advocacy of both public and private points of view, particularly controversial ones, is undeniably enhanced by group association[.]” NAACP v. Alabama, 357 U.S. at 460. As another court noted: the Constitution protects freedom of association to encourage the “advancing ideas and airing grievances” Bates v. City of Little Rock, 361 U.S. 516, 522-23 (1960).
  • The collection and analysis of telephone records give the government a broad window into our associations. The First Amendment protects against this because, as the Supreme Court has recognized, “it may induce members to withdraw from the association and dissuade others from joining it because of fear of exposure of their beliefs shown through their associations and of the consequences of their exposure.” NAACP v. Alabama, 357 U.S. at 462-63. See also Bates, 361 U.S. at 523; Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539 (1963).  Privacy in one’s associational ties is also closely linked to freedom of association: “Inviolability of privacy in group association may in many circumstances be indispensable to preservation of freedom of association, particularly where a group espouses dissident beliefs.” NAACP v. Alabama, 357 U.S. at 462. 
  • The Supreme Court has made clear that infringements on freedom of association may survive constitutional scrutiny only when they “serve compelling state interests, unrelated to the suppression of ideas, that cannot be achieved through means significantly less restrictive of associational freedoms.” Roberts v. United States Jaycees, 468 U.S. 609, 623 (1984); see also NAACP v. Button, 371 U.S. at 341; Knox v. SEIU, Local 1000, 132 S. Ct. 2277, 2291 (2012)  Here, the wholesale collection of telephone records of millions of innocent Americans’ communications records, and thereby collection of their associations, is massively overbroad, regardless of the government’s interest. Thus, the NSA spying program fails under the basic First Amendment tests that have been in place for over fifty years.
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    This case is related to EFF's earlier pending case, Jewel v. NSA and has been assigned to Judge Whyte, the same judge who ruled earlier in Jewel that the State Secrets Privilege does not apply to NSA's call metadata "haystack." The plaintiffs are 22 different groups who would make strange bedfellows indeed, except in opposition to government surveillance and repression. 
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HSBC Bank on Verge of Collapse: Second Major Banking Crash Imminent | I Acknowledge - 0 views

  • Concerns about an imminent bank crash were further fuelled today at news that HSBC are restricting the amount of cash that customers can withdraw from their own bank accounts.  Customers were told that without proof of the intended use of their own money, HSBC would refuse to release it.  This, and other worrying signs point to a possible financial crash in the near future.
  • HSBC is scrambling to manage a seemingly terminal liquidity crisis (a lack of hard cash) that could see the bank become the next Northern Rock – and trigger a bank crash.  The analyst’s advice is for shareholders to sell HSBC investments, and customers to move their accounts elsewhere before the crash.
  • According a report by the BBC’s MoneyBox Programme, HSBC customers have gone to withdraw cash from their accounts, only to find HSBC would not release the funds.  Customers were told to make a bank transfer instead, unless they provided documentation proving the intended use of the money.
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  • Mr Cotton is not alone, with other customers seeking to withdraw cash amounts over £3,000 facing the same obstacles.  While HSBC argue there is comes customer security interest here, the story simply doesn’t add up.  Customer identification is required for large withdrawals, not customer intentions – a person’s cash is theirs to withdraw and place wherever they so wish.  Instead, HSBC has been found to have a capitalization black hole (gap between actual cash and obligations) of $80bn.  The message is simple, get your money out now.
  • The major banks and states appear to be preparing for impending crisis, while pretending to the public that the economic situation is improving. There is a gold rush underway, with Banks and States frantically buying up as much gold reserve as they can, stoking fears that confidence in currency is at an all-time low.  In recent months and weeks, banks like HSBC and JP Morgan, and states such as the US, Germany and China have joined the gold rush, making vast purchases of stocks. Investment analysts at Seeking Alpha have been monitoring the strange activity on the COMEX, stating: “keeping track of COMEX inventories is something that is recommended for all serious investors who own physical gold and the gold ETFs (SPDR Gold Shares (GLD), PHYS, and CEF) because any abnormal inventory declines may signify extraordinary events behind the scenes.”
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Chilling legal memo from Obama DOJ justifies assassination of US citizens - Tea Party - 0 views

  • Chilling legal memo from Obama DOJ justifies assassination of US citizens
  • The president’s partisan lawyers purport to vest him with the most extreme power a political leader can seize (The Guardian) – The most extremist power any political leader can assert is the power to target his own citizens for execution without any charges or due process, far from any battlefield. The Obama administration has not only asserted exactly that power in theory, but has exercised it in practice. In September 2011, it killed US citizen Anwar Awlaki in a drone strike inYemen, along with US citizen Samir Khan, and then, in circumstances that are still unexplained, two weeks later killed Awlaki’s 16-year-old American son Abdulrahman with a separate drone strike in Yemen.
  • a Washington Post article from October reported that the administration is formally institutionalizing this president’s power to decide who dies under the Orwellian title “disposition matrix”.
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  • What has made these actions all the more radical is the absolute secrecy with which Obama has draped all of this. Not only is the entire process carried out solely within the Executive branch - with no checks or oversight of any kind – but there is zero transparency and zero accountability. The president’s underlings compile their proposed lists of who should be executed, and the president – at a charming weekly event dubbed by White House aides as “Terror Tuesday” – then chooses from “baseball cards” and decrees in total secrecy who should die. The power of accuser, prosecutor, judge, jury, and executioner are all consolidated in this one man, and those powers are exercised in the dark.
  • The Most Transparent Administration Ever™ has been so fixated on secrecy that they have refused even to disclose the legal memoranda prepared by Obama lawyers setting forth their legal rationale for why the president has this power.
  • During the Bush years, when Bush refused to disclose the memoranda from his Office of Legal Counsel (OLC) that legally authorized torture, rendition, warrantless eavesdropping and the like, leading Democratic lawyers such as Dawn Johnsen (Obama’s first choice to lead the OLC) vehemently denounced this practice as a grave threat, warning that “the Bush Administration’s excessive reliance on ‘secret law’ threatens the effective functioning of American democracy” and “the withholding from Congress and the public of legal interpretations by the [OLC] upsets the system of checks and balances between the executive and legislative branches of government.”
  • But when it comes to Obama’s assassination power, this is exactly what his administration has done. It has repeatedly refused to disclose the principal legal memoranda prepared by Obama OLC lawyers that justified his kill list. It is, right now, vigorously resisting lawsuits from the New York Times and the ACLU to obtain that OLC memorandum. In sum, Obama not only claims he has the power to order US citizens killed with no transparency, but that even the documents explaining the legal rationale for this power are to be concealed. He’s maintaining secret law on the most extremist power he can assert.
  • Last night, NBC News’ Michael Isikoff released a 16-page “white paper”prepared by the Obama DOJ that purports to justify Obama’s power to target even Americans for assassination without due process (the memo is embedded in full below). This is not the primary OLC memo justifying Obama’s kill list – that is still concealed – but it appears to track the reasoning of that memo as anonymously described to the New York Times in October 2011.
  • there are numerous points that should be emphasized about the fundamentally misleading nature of this new memo:
  • 2. Creating a ceiling, not a floor
  • 1. Equating government accusations with guilt
  • 3. Relies on the core Bush/Cheney theory of a global battlefield
  • 4. Expanding the concept of “imminence” beyond recognition
  • The memo is authorizing assassinations against citizens in circumstances far beyond this understanding of “imminence”. Indeed, the memo expressly states that it is inventing “a broader concept of imminence” than is typically used in domestic law. Specifically, the president’s assassination power “does not require that the US have clear evidence that a specific attack . . . will take place in the immediate future”. The US routinely assassinates its targets not when they are engaged in or plotting attacks but when they are at home, with family members, riding in a car, at work, at funerals, rescuing other drone victims, etc.
  • “This is a chilling document” because “it argues that the government has the right to carry out the extrajudicial killing of an American citizen” and the purported limits “are elastic and vaguely defined, and it’s easy to see how they could be manipulated.”
  • 6. Making a mockery of “due process”
  • Stephen Colbert perfectly mocked this theory when Eric Holder first unveiled it to defend the president’s assassination program. At the time, Holder actually said: “due process and judicial process are not one and the same.” Colbert interpreted that claim as follows: “Trial by jury, trial by fire, rock, paper scissors, who cares?Due process just means that there is a process that you do. The current process is apparently, first the president meets with his advisers and decides who he can kill. Then he kills them.”
  • here we are almost a full decade later. And we have the current president asserting the power not merely to imprison or eavesdrop on US citizens without charges or trial, but to order them executed – and to do so in total secrecy, with no checks or oversight.
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