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Paul Merrell

Federal Chief Information Officers (CIO) Council Wins Rosemary Award - 0 views

  • Hillary Clinton E-Mail Controversy Illuminates Government-Wide Failure National Security Archive Lawsuit Established E-Mails as Records in 1993 CIO Council Repeats as Rosemary "Winner" for Doubling Down On "Lifetime Failure" Only White House Saves Its E-Mail Electronically, Agencies No Deadline Until 2016
  • The Federal Chief Information Officers (CIO) Council has won the infamous Rosemary Award for worst open government performance of 2014, according to the citation published today by the National Security Archive at www.nsarchive.org. The National Security Archive had hoped that awarding the 2010 Rosemary Award to the Federal Chief Information Officers Council for never addressing the government's "lifetime failure" of saving its e-mail electronically would serve as a government-wide wakeup call that saving e-mails was a priority. Fallout from the Hillary Clinton e-mail debacle shows, however, that rather than "waking up," the top officials have opted to hit the "snooze" button. The Archive established the not-so-coveted Rosemary Award in 2005, named after President Nixon's secretary, Rose Mary Woods, who testified she had erased 18-and-a-half minutes of a crucial Watergate tape — stretching, as she showed photographers, to answer the phone with her foot still on the transcription pedal. Bestowed annually to highlight the lowlights of government secrecy, the Rosemary Award has recognized a rogue's gallery of open government scofflaws, including the CIA, the Treasury Department, the Air Force, the FBI, the Justice Department, and Director of National Intelligence James Clapper.
  • Chief Information Officer of the United States Tony Scott was appointed to lead the Federal CIO Council on February 5, 2015, and his brief tenure has already seen more references in the news media to the importance of maintaining electronic government records, including e-mail, and the requirements of the Federal Records Act, than the past five years. Hopefully Mr. Scott, along with Office of Management & Budget Deputy Director for Management Ms. Beth Cobert will embrace the challenge of their Council being named a repeat Rosemary Award winner and use it as a baton to spur change rather than a cross to bear.
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  • Many on the Federal CIO Council could use some motivation, including the beleaguered State Department CIO, Steven Taylor. In office since April 3, 2013, Mr. Taylor is in charge of the Department's information resources and IT initiatives and services. He "is directly responsible for the Information Resource Management (IRM) Bureau's budget of $750 million, and oversees State's total IT/ knowledge management budget of approximately one billion dollars." Prior to his current position, Taylor served as Acting CIO from August 1, 2012, as the Department's Deputy Chief Information Officer (DCIO) and Chief Technology Officer of Operations from June 2011, and was the Program Director for the State Messaging and Archival Retrieval Toolset (SMART). While Hillary Clinton repeatedly claimed that because she sent her official e-mail to "government officials on their State or other .gov accounts ... the emails were immediately captured and preserved," a recent State Department Office of Inspector General report contradicts claims that DOS' e-mail archiving system, ironically named SMART, did so.
  • The report found that State Department "employees have not received adequate training or guidance on their responsibilities for using those systems to preserve 'record emails.'" In 2011, while Taylor was State's Chief Technology Officer of Operations, State Department employees only created 61,156 record e-mails out of more than a billion e-mails sent. In other words, roughly .006% of DOS e-mails were captured electronically. And in 2013, while Taylor was State's CIO, a paltry seven e-mails were preserved from the Office of the Secretary, compared to the 4,922 preserved by the Lagos Consulate in Nigeria. Even though the report notes that its assessments "do not apply to the system used by the Department's high-level principals, the Secretary, the Deputy Secretaries, the Under Secretaries, and their immediate staffs, which maintain separate systems," the State Department has not provided any estimation of the number of Clinton's e-mails that were preserved by recipients through the Department's anachronistic "print and file" system, or any other procedure.
  • The unfortunate silver lining of Hillary Clinton inappropriately appropriating public records as her own is that she likely preserved her records much more comprehensively than her State Department colleagues, most of whose e-mails have probably been lost under Taylor's IT leadership. 2008 reports by CREW, right, and the GAO, left, highlighted problems preserving e-mails. Click to enlarge. The bigger issue is that Federal IT gurus have known about this problem for years, and the State Department is not alone in not having done anything to fix it. A 2008 survey by Citizens for Responsibility and Ethics in Washington (CREW) and OpenTheGovernment.org did not find a single federal agency policy that mandates an electronic record keeping system agency-wide. Congressional testimony in 2008 by the Government Accountability Office indicted the standard "print and file" approach by pointing out:
  • 2011- the Justice Department (for doing more than any other agency to eviscerate President Obama's Day One transparency pledge through pit-bull whistleblower prosecutions, recycled secrecy arguments in court cases, retrograde FOIA regulations, and mixed FOIA responsiveness) 2010 - the Federal Chief Information Officers' Council (for "lifetime failure" to address the crisis in government e-mail preservation) 2009 - the FBI (for having a record-setting rate of "no records" responses to FOIA requests) 2008 - the Treasury Department (for shredding FOIA requests and delaying responses for decades) 2007 - the Air Force (for disappearing its FOIA requests and having "failed miserably" to meet its FOIA obligations, according to a federal court ruling) 2006 - the Central Intelligence Agency (for the biggest one-year drop-off in responsiveness to FOIA requests yet recorded).
  • Troublingly, current Office of Management and Budget guidance does not require federal agencies to manage "all email records in an electronic format" until December 31, 2016. The only part of the federal government that seems to be facing up to the e-mail preservation challenge with any kind of "best practice" is the White House, where the Obama administration installed on day one an e-mail archiving system that preserves and manages even the President's own Blackberry messages. The National Security Archive brought the original White House e-mail lawsuit against President Reagan in early 1989, and continued the litigation against Presidents George H.W. Bush and Bill Clinton, until court orders compelled the White House to install the "ARMS" system to archive e-mail. The Archive sued the George W. Bush administration in 2007 after discovering that the Bush White House had junked the Clinton system without replacing its systematic archiving functions. CREW subsequently joined this suit and with the Archive negotiated a settlement with the Obama administration that included the recovery of as many as 22 million e-mails that were previously missing or misfiled.
  • s a result of two decades of the Archive's White House e-mail litigation, several hundred thousand e-mails survive from the Reagan White House, nearly a half million from the George H.W. Bush White House, 32 million from the Clinton White House, and an estimated 220 million from the George W. Bush White House. Previous recipients of the Rosemary Award include: 2013 - Director of National Intelligence James Clapper (for his "No, sir" lie to Senator Ron Wyden's question: "Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?") 2012 - the Justice Department (in a repeat performance, for failing to update FOIA regulations to comply with the law, undermining congressional intent, and hyping its open government statistics)
  • Rogue Band of Federal E-mail Users and Abusers Compounds Systemic Problems Former Secretary of State Hillary Clinton and other federal officials who skirt or even violate federal laws designed to preserve electronic federal records compound e-mail management problems. Top government officials who use personal e-mail for official business include: Clinton; former U.S. Ambassador to Kenya Scott Gration; chairman of the U.S. Chemical Safety Board Rafael Moure-Eraso; and former Secretary of State Colin Powell, who told ABC's This Week "I don't have any to turn over. I did not keep a cache of them. I did not print them off. I do not have thousands of pages somewhere in my personal files." Others who did not properly save electronic federal records include Environmental Protection Agency former administrator Lisa Jackson who used the pseudonym Richard Windsor to receive email; current EPA administrator Gina McCarthy, who improperly deleted thousands of text messages (which also are federal records) from her official agency cell phone; and former Internal Revenue Service official Lois Lerner, whose emails regarding Obama's political opponents "went missing or became destroyed."
  • "agencies recognize that devoting significant resources to creating paper records from electronic sources is not a viable long-term strategy;" yet GAO concluded even the "print and file" system was failing to capture historic records "for about half of the senior officials."
  • The destruction of other federal records was even more blatant. Jose Rodriguez, the former CIA official in charge of the agency's defunct torture program ordered the destruction of key videos documenting it in 2005, claiming that "the heat from destroying [the torture videos] is nothing compared to what it would be if the tapes ever got into the public domain;" Admiral William McRaven, ordered the immediate destruction of any emails about Operation Neptune Spear, including any photos of the death of Osama bin Laden ("destroy them immediately"), telling subordinates that any photos should have already been turned over to the CIA — presumably so they could be placed in operational files out of reach of the FOIA. These rogues make it harder — if not impossible — for agencies to streamline their records management, and for FOIA requesters and others to obtain official records, especially those not exchanged with other government employees. The US National Archives currently trusts agencies to determine and preserve e-mails which agencies have "deemed appropriate for preservation" on their own, often by employing a "print and file" physical archiving process for digital records. Any future reforms to e-mail management must address the problems of outdated preservation technology, Federal Records Act violators, and the scary fact that only one per cent of government e-mail addresses are saved digitally by the National Archive's recently-initiated "Capstone" program.
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    Complete with photos, names, titles, of the 41 federal department and independent agency CIOs. The March 2015 Insopector General report linked from the article belies Hillary Clinton's claim that all emails she sent to State Department staff had been preserved by the Department.   
Paul Merrell

Bank of England Drops a Bombshell on Parliament: It Shredded Its Crisis Era Records - 0 views

  • Mark Carney, the head of the Bank of England, and other officials from the BOE were put through a five hour marathon of questioning yesterday by Parliament’s Treasury Select Committee covering everything from how long the BOE plans to continue Quantitative Easing (QE), to the potential for Scotland to vote for its independence, to what it knew and when it knew it about the rigging of the Foreign Exchange market by colluding global banks. The bombshell of the day, however, did not occur during the session on the Foreign Exchange scandal, which is stacking up to be a more serious matter than the rigging of the Libor interest rate benchmark which occurred under the nose of the Bank of England and the British Bankers Association. (London now seems to be in competition with itself for the prize of the century for overseeing the rigging of the greatest number of markets.)
  • The bombshell came in the following exchange between the Chair of the Treasury Select Committee, Andrew Tyrie, and a very frightened appearing Paul Fisher, the Executive Director of Markets at the BOE, who has served in that position since 2009. Apparently neither Parliament nor the public knew prior to this exchange that the records of the pre-crisis year of 2007, the financial collapse in 2008, and the monetary policy maneuvers in subsequent years to prevent another Great Depression had been destroyed in one of the world’s most important financial centers; not to mention the fact that critical recordings potentially relevant to the Foreign Exchange probe are also gone.
  • Chairman Tyrie: “The MPC [Monetary Policy Committee] records might be of interest one day to historians about the inception of QE. MPC records used to be recorded and transcribed when the MPC was created. Is that still the case Mr. Fisher?” Paul Fisher: “They are not transcribed. They are still recorded so that the secretariat can go back to check any discrepancies between the minutes and what people may have said. But as far as I know they are not transcribed.” Chairman Tyrie: “And they’re stored?” Paul Fisher: “The recordings are not kept. Once the minutes are published…” Chairman Tyrie: [In a booming, outraged voice] “The recordings are destroyed! Why? Paul Fisher: “Because we have one copy of the minutes; that’s the one that’s published and there are not alternative versions.”
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  • Chairman Tyrie: “There are more than one purpose for these. There’s the minutes after a fortnight and there’s the historical value. The Fed Open Market Committee publishes full transcripts of its meetings with a five year delay. Whether it’s a five or ten year delay, certainly these are of huge historical significance. Why aren’t you putting something similar in place?” Paul Fisher: “This goes back to when the Committee first started. They initially did try to make transcripts, unsuccessfully.” Chairman Tyrie: “What do you mean unsuccessfully?” Paul Fisher: “It was very hard to actually physically transcribe the tapes in any way which made any sense in terms of the written material.” Chairman Tyrie: “Is that because you’re shouting and throwing things about. Most organizations manage to transcribe a record. Even the House of Commons manages to do it on a good day.” Paul Fisher: “I’m trying to explain what I know of it. My understanding is that people talking, very free flowing discussion, and they couldn’t make a sensible transcript.”
  • Carney is a former Goldman Sachs banker who went on to become the head of the Bank of Canada, serving in that post during the financial crisis. He is the first non Briton to head the Bank of England in its more than 300-year history. That reality, and his non-British accent, seemed to invite an intensely interrogative style at times during the five hours of questioning yesterday by members of the Treasury Select Committee. Carney remained calm, courteous and professional throughout. It’s clear to anyone paying attention that the BOE is attempting to clone itself into the Fed – as questionable as that idea might be given that the full transcripts that have been released by the Fed for the crisis years show it had blinders on in terms of the depth of the crisis.
  • Now Carney has announced that he is going to create what looks like a clone of the President of the New York Fed (William “Bill” Dudley) through a new Deputy Governor position at the BOE to oversee markets and banking. Good luck with that. As Wall Street On Parade has repeatedly chronicled, avoiding regulatory capture will likely prove as elusive at the BOE as it has at the New York Fed. And given the seismic nature of the market rigging that has gone on in London, this is like putting a Disney-themed band aide on a compound fracture.
Paul Merrell

Spy Chief James Clapper Wins Rosemary Award - 0 views

  • Director of National Intelligence James Clapper has won the infamous Rosemary Award for worst open government performance in 2013, according to the citation published today by the National Security Archive at www.nsarchive.org. Despite heavy competition, Clapper's "No, sir" lie to Senator Ron Wyden's question: "Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?" sealed his receipt of the dubious achievement award, which cites the vastly excessive secrecy of the entire U.S. surveillance establishment. The Rosemary Award citation leads with what Clapper later called the "least untruthful" answer possible to congressional questions about the secret bulk collection of Americans' phone call data. It further cites other Clapper claims later proved false, such as his 2012 statement that "we don't hold data on U.S. citizens." But the Award also recognizes Clapper's fellow secrecy fetishists and enablers, including:
  • Gen. Keith Alexander, director of the NSA, for multiple Rose Mary Woods-type stretches, such as (1) claiming that the secret bulk collection prevented 54 terrorist plots against the U.S. when the actual number, according to the congressionally-established Privacy and Civil Liberties Oversight Board (PCLOB) investigation (pp. 145-153), is zero; (2) his 2009 declaration to the wiretap court that multiple NSA violations of the court's orders arose from differences over "terminology," an explanation which the chief judge said "strains credulity;" and (3) public statements by the NSA about its programs that had to be taken down from its website for inaccuracies (see Documents 78, 85, 87 in The Snowden Affair), along with public statements by other top NSA officials now known to be untrue (see "Remarks of Rajesh De," NSA General Counsel, Document 53 in The Snowden Affair).
  • Robert Mueller, former FBI director, for suggesting (as have Gen. Alexander and many others) that the secret bulk collection program might have been able to prevent the 9/11 attacks, when the 9/11 Commission found explicitly the problem was not lack of data points, but failing to connect the many dots the intelligence community already had about the would-be hijackers living in San Diego. The National Security Division lawyers at the Justice Department, for misleading their own Solicitor General (Donald Verrilli) who then misled (inadvertently) the U.S. Supreme Court over whether Justice let defendants know that bulk collection had contributed to their prosecutions. The same National Security Division lawyers who swore under oath in the Electronic Frontier Foundation's Freedom of Information Act lawsuit for a key wiretap court opinion that the entire text of the opinion was appropriately classified Top Secret/Sensitive Compartmented Information (release of which would cause "exceptionally grave damage" to U.S. national security). Only after the Edward Snowden leaks and the embarrassed governmental declassification of the opinion did we find that one key part of the opinion's text simply reproduced the actual language of the 4th Amendment to the U.S. Constitution, and the only "grave damage" was to the government's false claims.
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  • President Obama for his repeated misrepresentations about the bulk collection program (calling the wiretap court "transparent" and saying "all of Congress" knew "exactly how this program works") while in effect acknowledging the public value of the Edward Snowden leaks by ordering the long-overdue declassification of key documents about the NSA's activities, and investigations both by a special panel and by the Privacy and Civil Liberties Oversight Board. The PCLOB directly contradicted the President, pointing out that "when the only means through which legislators can try to understand a prior interpretation of the law is to read a short description of an operational program, prepared by executive branch officials, made available only at certain times and locations, which cannot be discussed with others except in classified briefings conducted by those same executive branch officials, legislators are denied a meaningful opportunity to gauge the legitimacy and implications of the legal interpretation in question. Under such circumstances, it is not a legitimate method of statutory construction to presume that these legislators, when reenacting the statute, intended to adopt a prior interpretation that they had no fair means of evaluating." (p. 101)
  • Even an author of the Patriot Act, Rep. Jim Sensenbrenner (R-WI), was broadsided by the revelation of the telephone metadata dragnet. After learning of the extent of spying on Americans that his Act unleashed, he wrote that the National Security Agency "ignored restrictions painstakingly crafted by lawmakers and assumed plenary authority never imagined by Congress" by cloaking its actions behind the "thick cloud of secrecy" that even our elected representatives could not breech. Clapper recently conceded to the Daily Beast, "I probably shouldn't say this, but I will. Had we been transparent about this [phone metadata collection] from the outset … we wouldn't have had the problem we had." The NSA's former deputy director, John "Chris" Inglis, said the same when NPR asked him if he thought the metadata dragnet should have been disclosed before Snowden. "In hindsight, yes. In hindsight, yes." Speaking about potential (relatively minimal) changes to the National Security Agency even the president acknowledged, "And all too often new authorities were instituted without adequate public debate," and "Given the unique power of the state, it is not enough for leaders to say: Trust us. We won't abuse the data we collect. For history has too many examples when that trust has been breached." (Exhibit A, of course, is the NSA "watchlist" in the 1960's and 1970's that targeted not only antiwar and civil rights activists, but also journalists and even members of Congress.)
  • The Archive established the not-so-coveted Rosemary Award in 2005, named after President Nixon's secretary, Rose Mary Woods, who testified she had erased 18-and-a-half minutes of a crucial Watergate tape — stretching, as she showed photographers, to answer the phone with her foot still on the transcription pedal. Bestowed annually to highlight the lowlights of government secrecy, the Rosemary Award has recognized a rogue's gallery of open government scofflaws, including the CIA, the Treasury Department, the Air Force, the FBI, the Federal Chief Information Officers' Council, and the career Rosemary leader — the Justice Department — for the last two years. Rosemary-winner James Clapper has offered several explanations for his untruthful disavowal of the National Security Agency's phone metadata dragnet. After his lie was exposed by the Edward Snowden revelations, Clapper first complained to NBC's Andrea Mitchell that the question about the NSA's surveillance of Americans was unfair, a — in his words — "When are you going to stop beating your wife kind of question." So, he responded "in what I thought was the most truthful, or least untruthful, manner by saying 'no.'"
  • After continuing criticism for his lie, Clapper wrote a letter to Chairman of the Senate Select Committee on Intelligence Dianne Feinstein, now explaining that he misunderstood Wyden's question and thought it was about the PRISM program (under Section 702 of the Foreign Intelligence Surveillance Act) rather than the telephone metadata collection program (under Section 215 of the Patriot Act). Clapper wrote that his staff "acknowledged the error" to Senator Wyden soon after — yet he chose to reject Wyden's offer to amend his answer. Former NSA senior counsel Joel Brenner blamed Congress for even asking the question, claiming that Wyden "sandbagged" Clapper by the "vicious tactic" of asking "Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?" Meanwhile, Steve Aftergood of the Federation of American Scientists countered that "it is of course wrong for officials to make false statements, as DNI Clapper did," and that in fact the Senate Intelligence Committee "became complicit in public deception" for failing to rebut or correct Clapper's statement, which they knew to be untruthful. Clapper described his unclassified testimony as a game of "stump the chump." But when it came to oversight of the National Security Agency, it appears that senators and representatives were the chumps being stumped. According to Representative Justin Amash (R-Mich), the House Intelligence Committee "decided it wasn't worthwhile to share this information" about telephone metadata surveillance with other members of Congress. Classified briefings open to the whole House were a "farce," Amash contended, often consisting of information found in newspapers and public statutes.
  • The Emmy and George Polk Award-winning National Security Archive, based at the George Washington University, has carried out thirteen government-wide audits of FOIA performance, filed more than 50,000 Freedom of Information Act requests over the past 28 years, opened historic government secrets ranging from the CIA's "Family Jewels" to documents about the testing of stealth aircraft at Area 51, and won a series of historic lawsuits that saved hundreds of millions of White House e-mails from the Reagan through Obama presidencies, among many other achievements.
  • Director Clapper joins an undistinguished list of previous Rosemary Award winners: 2012 - the Justice Department (in a repeat performance, for failure to update FOIA regulations for compliance with the law, undermining congressional intent, and hyping its open government statistics) 2011- the Justice Department (for doing more than any other agency to eviscerate President Obama's Day One transparency pledge, through pit-bull whistleblower prosecutions, recycled secrecy arguments in court cases, retrograde FOIA regulations, and mixed FOIA responsiveness) 2010 - the Federal Chief Information Officers' Council (for "lifetime failure" to address the crisis in government e-mail preservation) 2009 - the FBI (for having a record-setting rate of "no records" responses to FOIA requests) 2008 - the Treasury Department (for shredding FOIA requests and delaying responses for decades) 2007 - the Air Force (for disappearing its FOIA requests and having "failed miserably" to meet its FOIA obligations, according to a federal court ruling) 2006 - the Central Intelligence Agency (for the biggest one-year drop-off in responsiveness to FOIA requests yet recorded).   ALSO-RANS The Rosemary Award competition in 2013 was fierce, with a host of government contenders threatening to surpass the Clapper "least untruthful" standard. These secrecy over-achievers included the following FOI delinquents:
  • Admiral William McRaven, head of the Special Operations Command for the raid that killed Osama Bin Laden, who purged his command's computers and file cabinets of all records on the raid, sent any remaining copies over to CIA where they would be effectively immune from the FOIA, and then masterminded a "no records" response to the Associated Press when the AP reporters filed FOIA requests for raid-related materials and photos. If not for a one-sentence mention in a leaked draft inspector general report — which the IG deleted for the final version — no one would have been the wiser about McRaven's shell game. Subsequently, a FOIA lawsuit by Judicial Watch uncovered the sole remaining e-mail from McRaven ordering the evidence destruction, in apparent violation of federal records laws, a felony for which the Admiral seems to have paid no price. Department of Defense classification reviewers who censored from a 1962 document on the Cuban Missile Crisis direct quotes from public statements by Soviet Premier Nikita Khrushchev. The quotes referred to the U.S. Jupiter missiles in Turkey that would ultimately (and secretly) be pulled out in exchange for Soviet withdrawal of its missiles in Cuba. The denials even occurred after an appeal by the National Security Archive, which provided as supporting material the text of the Khrushchev statements and multiple other officially declassified documents (and photographs!) describing the Jupiters in Turkey. Such absurd classification decisions call into question all of the standards used by the Pentagon and the National Declassification Center to review historical documents.
  • Admiral William McRaven memo from May 13, 2011, ordering the destruction of evidence relating to the Osama bin Laden raid. (From Judicial Watch)
  • The Department of Justice Office of Information Policy, which continues to misrepresent to Congress the government's FOIA performance, while enabling dramatic increases in the number of times government agencies invoke the purely discretionary "deliberative process" exemption. Five years after President Obama declared a "presumption of openness" for FOIA requests, Justice lawyers still cannot show a single case of FOIA litigation in which the purported new standards (including orders from their own boss, Attorney General Eric Holder) have caused the Department to change its position in favor of disclosure.
Paul Merrell

Revelations of German Pilot: Shocking Analysis of the "Shooting Down" of Malaysian MH17... - 1 views

  • First, I was amazed at how few photos can be found from the wreckage with Google. All are in low resolution, except one: The fragment of the cockpit below the window on the pilots side. This image, however, is shocking. In Washington, you can now hear views expressed of a “potentially tragic error / accident” regarding MH 017. Given this particular cockpit image it does not surprise me at all. Entry and exit impact holes of projectiles in the cockpit area
  • I recommend to click on the little picture to the left. You can download this photo as a PDF in good resolution. This is necessary, because that will allow you understand what I am describing here. The facts speak clear and loud and are beyond the realm of speculation: The cockpit shows traces of shelling! You can see the entry and exit holes. The edge of a portion of the holes is bent inwards. These are the smaller holes, round and clean, showing the entry points most likely that of a 30 millimeter caliber projectile. The edge of the other, the larger and slightly frayed exit holes showing shreds of metal pointing produced by the same caliber projectiles. Moreover, it is evident that at these exit holes of the outer layer of the double aluminum reinforced structure are shredded or bent – outwardly! Furthermore, minor cuts can be seen, all bent outward, which indicate that shrapnel had forcefully exited through the outer skin from the inside of the cockpit. The open rivets are are also bent outward.
  • In sifting through the available images one thing stands out: All wreckage of the sections behind the cockpit are largely intact, except for the fact that only fragments of the aircraft remained . Only the cockpit part shows these peculiar marks of destruction. This leaves the examiner with an important clue. This aircraft was not hit by a missile in the central portion. The destruction is limited to the cockpit area. Now you have to factor in that this part is constructed of specially reinforced material. This is on account of the nose of any aircraft having to withstand the impact of a large bird at high speeds. You can see in the photo, that in this area significantly stronger aluminum alloys were being installed than in the remainder of the outer skin of the fuselage. One remembers the crash of Pan Am over Lockerbie. It was a large segment of the cockpit that due to the special architecture survived the crash in one piece. In the case of flight MH 017 it becomes abundantly clear that there also an explosion took place inside the aircraft.
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  • So what could have happened? Russia recently published radar recordings, that confirm at least one Ukrainian SU 25 in close proximity to MH 017. This corresponds with the statement of the now missing Spanish controller ‘Carlos’ that has seen two Ukrainian fighter aircraft in the immediate vicinity of MH 017. If we now consider the armament of a typical SU 25 we learn this: It is equipped with a double-barreled 30-mm gun, type GSh-302 / AO-17A, equipped with: a 250 round magazine of anti-tank incendiary shells and splinter-explosive shells (dum-dum), arranged in alternating order. The cockpit of the MH 017 has evidently been fired at from both sides: the entry and exit holes are found on the same fragment of it’s cockpit segment! Now just consider what happens when a series of anti-tank incendiary shells and splinter-explosive shells hit the cockpit. These are after all designed to destroy a modern tank. The anti-tank incendiary shells partially traversed the cockpit and exited on the other side in a slightly deformed shape. (Aviation forensic experts could possibly find them on the ground presumably controlled by the Kiev Ukrainian military; the translator). After all, their impact is designed to penetrate the solid armor of a tank. Also, the splinter-explosive shells will, due to their numerous impacts too cause massive explosions inside the cockpit, since they are designed to do this. Given the rapid firing sequence of the GSh-302 cannon, it will cause a rapid succession of explosions within the cockpit area in a very short time. Remeber each of these is sufficient to destroy a tank.
Paul Merrell

The Fundamentals of US Surveillance: What Edward Snowden Never Told Us? | Global Resear... - 0 views

  • Former US intelligence contractor Edward Snowden’s revelations rocked the world.  According to his detailed reports, the US had launched massive spying programs and was scrutinizing the communications of American citizens in a manner which could only be described as extreme and intense. The US’s reaction was swift and to the point. “”Nobody is listening to your telephone calls,” President Obama said when asked about the NSA. As quoted in The Guardian,  Obama went on to say that surveillance programs were “fully overseen not just by Congress but by the Fisa court, a court specially put together to evaluate classified programs to make sure that the executive branch, or government generally, is not abusing them”. However, it appears that Snowden may have missed a pivotal part of the US surveillance program. And in stating that the “nobody” is not listening to our calls, President Obama may have been fudging quite a bit.
  • In fact, Great Britain maintains a “listening post” at NSA HQ. The laws restricting live wiretaps do not apply to foreign countries  and thus this listening post  is not subject to  US law.  In other words, the restrictions upon wiretaps, etc. do not apply to the British listening post.  So when Great Britain hands over the recordings to the NSA, technically speaking, a law is not being broken and technically speaking, the US is not eavesdropping on our each and every call. It is Great Britain which is doing the eavesdropping and turning over these records to US intelligence. According to John Loftus, formerly an attorney with  the Department of Justice and author of a number of books concerning US intelligence activities, back in the late seventies  the USDOJ issued a memorandum proposing an amendment to FISA. Loftus, who recalls seeing  the memo, stated in conversation this week that the DOJ proposed inserting the words “by the NSA” into the FISA law  so the scope of the law would only restrict surveillance by the NSA, not by the British.  Any subsequent sharing of the data culled through the listening posts was strictly outside the arena of FISA. Obama was less than forthcoming when he insisted that “What I can say unequivocally is that if you are a US person, the NSA cannot listen to your telephone calls, and the NSA cannot target your emails … and have not.”
  • According to Loftus, the NSA is indeed listening as Great Britain is turning over the surveillance records en masse to that agency. Loftus states that the arrangement is reciprocal, with the US maintaining a parallel listening post in Great Britain. In an interview this past week, Loftus told this reporter that  he believes that Snowden simply did not know about the arrangement between Britain and the US. As a contractor, said Loftus, Snowden would not have had access to this information and thus his detailed reports on the extent of US spying, including such programs as XKeyscore, which analyzes internet data based on global demographics, and PRISM, under which the telecommunications companies, such as Google, Facebook, et al, are mandated to collect our communications, missed the critical issue of the FISA loophole.
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  • U.S. government officials have defended the program by asserting it cannot be used on domestic targets without a warrant. But once again, the FISA courts and their super-secret warrants  do not apply to foreign government surveillance of US citizens. So all this sturm and drang about whether or not the US is eavesdropping on our communications is, in fact, irrelevant and diversionary.
  • In fact, the USA Freedom Act reinstituted a number of the surveillance protocols of Section 215, including  authorization for  roving wiretaps  and tracking “lone wolf terrorists.”  While mainstream media heralded the passage of the bill as restoring privacy rights which were shredded under 215, privacy advocates have maintained that the bill will do little, if anything, to reverse the  surveillance situation in the US. The NSA went on the record as supporting the Freedom Act, stating it would end bulk collection of telephone metadata. However, in light of the reciprocal agreement between the US and Great Britain, the entire hoopla over NSA surveillance, Section 215, FISA courts and the USA Freedom Act could be seen as a giant smokescreen. If Great Britain is collecting our real time phone conversations and turning them over to the NSA, outside the realm or reach of the above stated laws, then all this posturing over the privacy rights of US citizens and surveillance laws expiring and being resurrected doesn’t amount to a hill of CDs.
Paul Merrell

How Netanyahu provoked this war with Gaza | +972 Magazine - 0 views

  • On Monday of last week, June 30, Reuters ran a story that began:Prime Minister Benjamin Netanyahu accused Hamas on Monday of involvement, for the first time since a Gaza war in [November] 2012, in rocket attacks on Israel and threatened to step up military action to stop the strikes. So even by Israel’s own reckoning, Hamas had not fired any rockets in the year-and-a-half since “Operation Pillar of Defense” ended in a ceasefire. (Hamas denied firing even those mentioned by Netanyahu last week; it wasn’t until Monday of this week that it acknowledged launching any rockets at Israel since the 2012 ceasefire.) So how did we get from there to here, here being Operation Protective Edge, which officially began Tuesday with 20 Gazans dead, both militants and civilians, scores of others badly  wounded and much destruction, alongside about 150 rockets flying all over Israel (but no serious injuries or property damage by Wednesday afternoon)? We got here because Benjamin Netanyahu brought us here. He’s being credited in Israel for showing great restraint in the days leading up to the big op, answering Gaza’s rockets with nothing more than warning shots and offering “quiet for quiet.” But in fact it was his antagonism toward all Palestinians – toward Mahmoud Abbas’ Palestinian Authority no less than toward Hamas – that started and steadily provoked the chain reaction that led to the current misery.
  • And nobody knows this, or should know it, better than the Obama administration, which is now standing up for Israel’s “right to defend itself.” It was Netanyahu and his government that killed the peace talks with Abbas that were shepherded by U.S. Secretary of State John Kerry; the Americans won’t exactly spell this out on-the-record, but they will off-the record. So a week before those negotiations’ April 29 deadline, Abbas, seeing he wasn’t getting anywhere playing ball with Israel and the United States, decided to shore things up at home, to end the split between the West Bank and Gaza, and he signed the Fatah-Hamas unity deal – with himself as president and Fatah clearly the senior partner. The world – even Washington – welcomed the deal, if warily so, saying unity between the West Bank and Gaza was a good thing for the peace process, and holding out the hope that the deal would compel Hamas to moderate its political stance. Netanyahu, however, saw red. Warning that the unity government would “strengthen terror,” he broke off talks with Abbas and tried to convince the West to refuse to recognize the emerging new Palestinian government – but he failed. He didn’t stop trying, though. At a time when Hamas was seen to be weak, broke, throttled by the new-old Egyptian regime, unpopular with Gazans, and acting as Israel’s cop in the Strip by not only holding its own fire but curbing that of Islamic Jihad and others, Netanyahu became obsessed with Hamas – and obsessed with tying it around Abbas’ neck. Netanyahu’s purpose, clearly enough, was to shift the blame for the failure of the U.S.-sponsored peace talks from himself and his government to Abbas and the Palestinians.
  • But Netanyahu used the kidnappings to go after Hamas in the West Bank. The target, as one Israeli security official said, was “anything green.” The army raided, destroyed, confiscated and arrested anybody and anything having to do with Hamas, killed some Palestinian protesters and rearrested some 60 Hamasniks who had been freed in the Gilad Shalit deal, throwing them back in prison. Meanwhile, in Gaza, Israel had already escalated matters on June 11, the day before the kidnappings, by killing not only a wanted man riding on a bicycle, but a 10-year-old child riding with him. Between that, the kidnappings a day later and the crackdown on Hamas in the West Bank that immediately followed, Gaza and Israel started going at it pretty fierce – with all the casualties and destruction, once again, on Gaza’s side only.
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  • But it wasn’t working. Then on June 12 something fell into Netanyahu’s lap which he certainly would have prevented if he’d been able to, but which he also did not hesitate exploiting to the hilt politically: the kidnapping in the West Bank of Gilad Sha’ar and Naftali Fraenkel, both 16, and Eyal Yifrah, 19. Netanyahu blamed Hamas for the kidnapping. He said he had proof. To this day, neither he nor any other Israeli official has come forward with a shred of proof. Meanwhile, it is now widely assumed that the Hamas leadership did not give the order for the kidnapping, that it was instead carried out at the behest of a renegade, Hamas-linked, Hebron clan with a long history of blowing up Hamas’ ceasefires with Israel by killing Israelis. Besides, it made no sense for Hamas leaders to order up such a spectacular crime – not after signing an agreement with Abbas, and not when they were so badly on the ropes.
  • And that was basically it. Netanyahu had given orders to smash up the West Bank and Gaza over the kidnapping of three Israeli boys that, as monstrous as it was, apparently had nothing to do with the Hamas leadership. Thus, he opened an account with Israel’s enemies, who would wish for an opportunity to close it. On June 30, the bodies of the three kidnapped Israeli boys were found in the West Bank. “Hamas is responsible, Hamas will pay,” Netanayhu intoned. That payment was delayed by the burning alive of Mohammed Abu Khdeir, 15, which set off riots in East Jerusalem and Israel’s “Arab Triangle,” and which put Israel on the defensive. It probably encouraged the armed groups in Gaza to step up their rocketing of Israel, while Netanyahu kept Israel’s in check. Then on Sunday, as many as nine Hamas men were killed in a Gazan tunnel that Israel bombed, saying it was going to be used for a terror attack. The next day nearly 100 rockets were fired at Israel. This time Hamas took responsibility for launching some of the rockets – a week after Netanyahu, for the first time since November 2012, accused it of breaking the ceasefire. And the day after that, “Operation Protective Edge” officially began. By Wednesday afternoon, there were 35 dead and many maimed in Gaza, Israelis were ducking rockets, and no one can say when or how it will end, or what further horrors lie in store.
  • Netanyahu could have avoided the whole thing. He could have chosen not to shoot up the West Bank and Gaza and arrest dozens of previously freed Hamasniks (along with hundreds of other Palestinians) over what was very likely a rogue kidnapping. Before that, he could have chosen not to stonewall Abbas for nine months of peace negotiations, and then there wouldn’t have even been a unity government with Hamas that freaked him out so badly – a reaction that was, of course, Netanyahu’s choice as well. But Israel’s prime minister is and always has been at war with the Palestinians – diplomatically, militarily and every other way; against Abbas, Hamas and all the rest – and this is what has guided his actions, and this is what provoked Hamas into going to war against Israel.
Paul Merrell

Ron Wyden: the future of NSA programs is being determined now | World news | theguardia... - 0 views

  • Privacy advocates pressed Barack Obama to end the bulk collection of Americans’ communications data at a series of meetings at the White House on Thursday, seizing their final chance to convince him of the need for meaningful reform of sweeping surveillance practices. A key US senator left one meeting at the White House with the impression that President Obama has yet to decide on specific reforms. “The debate is clearly fluid,” senator Ron Wyden of Oregon, a longtime critic of bulk surveillance, told the Guardian after the meeting. “My sense is the president, and the administration, is wrestling with these issues,” Wyden said. Other groups were meeting presidential aides on Thursday afternoon, including the representatives of the American Civil Liberties Union, the Electronic Privacy Information Center (Epic) and the Open Technology Institute. Expectations were mounting that Obama will propose changing the National Security Agency’s controversial database of all domestic phone call records.
  • Wyden, a member of the Senate intelligence committee, said he viewed the coming days and weeks, ahead of an announcement by Obama about the future scope of surveillance, to be decisive for the debate triggered by NSA whistleblower Edward Snowden.  “What I’d say to Americans is that the future of these programs is being determined now,” Wyden said. “For those like me, who believe that security and liberty are not mutually exclusive, this is the time to weigh in.”
  • Speaking after the meeting with legislators, White House spokesman Jay Carney described the conversation as an opportunity for Obama to “solicit their input”, rather than brief them on his decisions about the future scope of surveillance activities.  The White House held meetings on Wednesday with the leadership of the intelligence agencies, including NSA director Keith Alexander and director of national intelligence James Clapper, as well as with Obama’s privacy and civil liberties advisory group. On Friday, Obama’s staff is expected to meet representatives of major technology firms, ostensibly to continue deliberations.  Shortly before the legislators’ meeting began, two of the attendees, House intelligence committee leaders Mike Rogers of Michigan and Dutch Ruppersberger of Maryland, issued a statement describing a classified Defense Department report that they said alleged that Snowden’s leaks –which they said totaled 1.7m intelligence files and impacted intelligence operations of all military branches – could “gravely impact” US national security. 
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  • A spokesman for the Defense Intelligence Agency, which spearheaded the report, said the report was an “initial assessment”, and the work of the Information Review Task Force was “ongoing”. But neither the House intelligence committee leaders nor the DIA would provide additional information substantiating the allegations of Snowden’s impact.  “The report is classified and is not releasable,” said the DIA spokesman, who would not agree to be quoted by name. The classified interim assessment was delivered to the House and Senate intelligence committees on 6 January, and the DIA spokesman said there is no deadline for a final report, nor a mandate to make such a report public. 
  • Snowden's attorney, Ben Wizner, described the report as an attack on the journalism produced by the Snowden disclosures. "In truth, Mike Rogers is only indirectly attacking Snowden. He’s directly attacking the journalists who have reported on these revelations. There is not a shred of evidence that any adversary has had any access to any document other than those published by journalists, and they haven't contradicted that," Wizner told the Guardian. "We shouldn’t have any confidence in the accuracy of this innuendo. The government has shown time and again they have very little idea of what Snowden had access to."
  • Speaking outside the White House after a separate meeting with Obama, senator Rand Paul also stepped up his calls for government leniency toward Snowden, contrasting his treatment with Clapper, who has admitted misleading the Senate about surveillance. "Those who call for some sort of frontier justice for [Snowden] need to understand the laws needs to apply equally," Paul told reporters. "James Clapper by all accounts committed perjury which is punishable by five years in prison and if you want to throw the book at Snowden, it's a little hard to say 'Oh, but we're not going to do anything about James Clapper lying to Congress.'"
  • Asked if he was making a direct comparison, Paul added: "It's not my job to compare them or contrast what they did, but what James Clapper did has greatly harmed the credibility of the intelligence agencies ... he has really greatly damaged the intelligence community. It's arguable." After meeting with Obama, Wyden saw the debate over surveillance winding toward a conclusion. “This is crunch time. The decisions are going to be made in the very near future,” Wyden said. “The president made clear he wanted to hear from us. I’m going to keep urging members of Congress and the public to stand on the side of real reform and end intrusive surveillance practices that in effect violate the liberties of our people without making us safer.”
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    Wyden  says it's time to get involved. Wyden is one of my senators and is about to get an email informing him that if he believes Barack Obama is the person who will decide this issue, he'd better think that over a bit more.  
Gary Edwards

Tea Party Community Organizers? - 2 views

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    Tea Party Precinct Workers Needed: http://goo.gl/8u9wAI Republican Community Organizers? Or are they really libertarian infiltrators posturing as repubicans :) Interesting discussion at The Tea Party.org. Here is my comment concerning "fragmentation" and third party participation. And yes, I have registered to become a precinct worker on behalf of the Republican Party Libertarian Caucus movement. I've also listed myself in a number of local County Sheriff activities. It's getting real that matters :) ................... Fragmentation is an issue. Which is exactly why the core set of principles must be very limited. IMHO, restoring the founding documents and principles; the American Republic, the Constitution and the principles so famously described in the Declaration of Independence are the single point of agreement that defines "America". The founding documents created a Republic based on "individual liberty". So it would seem that the concept and value of "individual liberty" would be the single "lowest common denominator" that all Americans can rally around. Stray from the Constitution and Declaration, and you will have arguments that divide and defeat. Stay on point, arguing the value and importance of "individual liberty" and it becomes very hard to wander from the importance of limiting government, and protecting individual rights to privacy, property and prosperity. I've been very successful at arguing that a socialist can not honestly take the oath of office, oath of citizenship, or pledge of allegiance. The socialist believes that the rights and liberty of the individual is subordinate to the needs of society. For the socialist, there is no such thing as individual liberty or inalienable rights. They are un-Constitutional and un-American to the core of their being. For the libertarian, an ordered society based on limited government and the Rule of Law, is the best guarantor of effective and meaningful "individual liberty". The ess
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