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Paul Merrell

Press Gaggle by Press Secretary Josh Earnest en route Cleveland, OH, 3/18/15 | The Whit... - 0 views

www.whitehouse.gov/...st-en-route-cleveland-oh-31815

war & peace U.S.-foreign-policy Israel election-2015 Netanyahu Obama

shared by Paul Merrell on 19 Mar 15 - No Cached
  • Q    -- talking about the Palestinian state issue over the last couple of days, citing the election.  But now that the election is over and Prime Minister Netanyahu has been reelected, can you talk a little bit about what that means for the U.S. goals in the peace process and the hope for a two-state solution?
  • Q    -- that you guys may no longer favor a two-state solution, or that you may reevaluate sort of your ability to cooperate with Netanyahu?
  • it has long been the policy of the United States and it continues to be the view of the President that a two-state solution is the best way to address those tensions and address that instability.
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  • Q    Netanyahu said that there would not be a Palestinian state for as long as he’s Prime Minister.  So the U.S. position is that you favor a two-state solution.  But he’s saying that he doesn’t want that as long as he’s in office.  So does that mean the Mideast peace process is essentially dormant for the rest of the Obama administration?  MR. EARNEST:  It means for today -- it means that for today that based on Prime Minister Netanyahu’s comments, the United States will reevaluate our position and the path forward in the situation.
  • Paul Merrell on 19 Mar 15
     
    "And it has long been the policy of the United States and it *continues* to be the view of the President that a two-state solution is the best way to address those tensions and address that instability. ... "[T]he United States will reevaluate our position and the path forward in the situation." Those are the two most substantive sentences in quite a bit of White House Press Secretary blathering about Netanyahu's statement that there will not be a Palestinian State, chucking overboard even Israel's lip service to the 2-state solution. And at that, it doesn't say much to Joe Sixpack. But in diplomat-speak, it signals that even the future of the 2-state solution is up for discussion at the White House.  That signal should be causing heart palpitations in Israeli government and undoubtedly is within Mossad and the Israeli Defense Force. IDF went public over a year ago with its concerns that a severe national security problem was resulting in rapidly worsening isolation of Israel because of the Palestine Question and Palestine Civil Society's call for the Boycott, Divestment, and Sanctions of settlement-produchttps://nsarchive.wordpress.com/2015/03/13/posting-foia-releases-online-saves-agencies-time-and-money/ed goods with a goal of a single-state solution.  Not a word by the White House Press Secretary about what the U.S. will do about Netanyahu's statement that there will be no Palestinian State. That underscores that the Obama Administration was taken by suprise when Netanyahu said it. But it is not a matter that Obama may delay long in announcing a far more substantive position. 
Paul Merrell

How Edward Snowden Changed Everything | The Nation - 0 views

www.thenation.com/...ard-snowden-changed-everything

surveillance state Snowden Wizner state-of-play civil-liberties must-read

shared by Paul Merrell on 16 Nov 15 - No Cached
  • Ben Wizner, who is perhaps best known as Edward Snowden’s lawyer, directs the American Civil Liberties Union’s Speech, Privacy & Technology Project. Wizner, who joined the ACLU in August 2001, one month before the 9/11 attacks, has been a force in the legal battles against torture, watch lists, and extraordinary rendition since the beginning of the global “war on terror.” Ad Policy On October 15, we met with Wizner in an upstate New York pub to discuss the state of privacy advocacy today. In sometimes sardonic tones, he talked about the transition from litigating on issues of torture to privacy advocacy, differences between corporate and state-sponsored surveillance, recent developments in state legislatures and the federal government, and some of the obstacles impeding civil liberties litigation. The interview has been edited and abridged for publication.
  • en Wizner, who is perhaps best known as Edward Snowden’s lawyer, directs the American Civil Liberties Union’s Speech, Privacy & Technology Project. Wizner, who joined the ACLU in August 2001, one month before the 9/11 attacks, has been a force in the legal battles against torture, watch lists, and extraordinary rendition since the beginning of the global “war on terror.” Ad Policy On October 15, we met with Wizner in an upstate New York pub to discuss the state of privacy advocacy today. In sometimes sardonic tones, he talked about the transition from litigating on issues of torture to privacy advocacy, differences between corporate and state-sponsored surveillance, recent developments in state legislatures and the federal government, and some of the obstacles impeding civil liberties litigation. The interview has been edited and abridged for publication.
  • Many of the technologies, both military technologies and surveillance technologies, that are developed for purposes of policing the empire find their way back home and get repurposed. You saw this in Ferguson, where we had military equipment in the streets to police nonviolent civil unrest, and we’re seeing this with surveillance technologies, where things that are deployed for use in war zones are now commonly in the arsenals of local police departments. For example, a cellphone surveillance tool that we call the StingRay—which mimics a cellphone tower and communicates with all the phones around—was really developed as a military technology to help identify targets. Now, because it’s so inexpensive, and because there is a surplus of these things that are being developed, it ends up getting pushed down into local communities without local democratic consent or control.
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  • SG & TP: How do you see the current state of the right to privacy? BW: I joked when I took this job that I was relieved that I was going to be working on the Fourth Amendment, because finally I’d have a chance to win. That was intended as gallows humor; the Fourth Amendment had been a dishrag for the last several decades, largely because of the war on drugs. The joke in civil liberties circles was, “What amendment?” But I was able to make this joke because I was coming to Fourth Amendment litigation from something even worse, which was trying to sue the CIA for torture, or targeted killings, or various things where the invariable outcome was some kind of non-justiciability ruling. We weren’t even reaching the merits at all. It turns out that my gallows humor joke was prescient.
  • The truth is that over the last few years, we’ve seen some of the most important Fourth Amendment decisions from the Supreme Court in perhaps half a century. Certainly, I think the Jones decision in 2012 [U.S. v. Jones], which held that GPS tracking was a Fourth Amendment search, was the most important Fourth Amendment decision since Katz in 1967 [Katz v. United States], in terms of starting a revolution in Fourth Amendment jurisprudence signifying that changes in technology were not just differences in degree, but they were differences in kind, and require the Court to grapple with it in a different way. Just two years later, you saw the Court holding that police can’t search your phone incident to an arrest without getting a warrant [Riley v. California]. Since 2012, at the level of Supreme Court jurisprudence, we’re seeing a recognition that technology has required a rethinking of the Fourth Amendment at the state and local level. We’re seeing a wave of privacy legislation that’s really passing beneath the radar for people who are not paying close attention. It’s not just happening in liberal states like California; it’s happening in red states like Montana, Utah, and Wyoming. And purple states like Colorado and Maine. You see as many libertarians and conservatives pushing these new rules as you see liberals. It really has cut across at least party lines, if not ideologies. My overall point here is that with respect to constraints on government surveillance—I should be more specific—law-enforcement government surveillance—momentum has been on our side in a way that has surprised even me.
  • Do you think that increased privacy protections will happen on the state level before they happen on the federal level? BW: I think so. For example, look at what occurred with the death penalty and the Supreme Court’s recent Eighth Amendment jurisprudence. The question under the Eighth Amendment is, “Is the practice cruel and unusual?” The Court has looked at what it calls “evolving standards of decency” [Trop v. Dulles, 1958]. It matters to the Court, when it’s deciding whether a juvenile can be executed or if a juvenile can get life without parole, what’s going on in the states. It was important to the litigants in those cases to be able to show that even if most states allowed the bad practice, the momentum was in the other direction. The states that were legislating on this most recently were liberalizing their rules, were making it harder to execute people under 18 or to lock them up without the possibility of parole. I think you’re going to see the same thing with Fourth Amendment and privacy jurisprudence, even though the Court doesn’t have a specific doctrine like “evolving standards of decency.” The Court uses this much-maligned test, “Do individuals have a reasonable expectation of privacy?” We’ll advance the argument, I think successfully, that part of what the Court should look at in considering whether an expectation of privacy is reasonable is showing what’s going on in the states. If we can show that a dozen or eighteen state legislatures have enacted a constitutional protection that doesn’t exist in federal constitutional law, I think that that will influence the Supreme Court.
  • The question is will it also influence Congress. I think there the answer is also “yes.” If you’re a member of the House or the Senate from Montana, and you see that your state legislature and your Republican governor have enacted privacy legislation, you’re not going to be worried about voting in that direction. I think this is one of those places where, unlike civil rights, where you saw most of the action at the federal level and then getting forced down to the states, we’re going to see more action at the state level getting funneled up to the federal government.
  • Paul Merrell on 16 Nov 15
     
    A must-read. Ben Wizner discusses the current climate in the courts in government surveillance cases and how Edward Snowden's disclosures have affected that, and much more. Wizner is not only Edward Snowden's lawyer, he is also the coordinator of all ACLU litigation on electronic surveillance matters.
Gary Edwards

Member List - ICLEI Local Governments for Sustainability USA - 0 views

www.icleiusa.org/...member-list

Property-Rights Property-Seizure-AND-Redistribution-of-Wealth Agenda-21 ICLEI

shared by Gary Edwards on 25 Jan 13 - Cached
  • Gary Edwards on 25 Jan 13
     
    ICLEI is a UN Agenda 21 initiative.  It's a direct assault on property ownership rights.  I had my own first hand view of these Marxists at work in the small town of Belmont California, when the Fire Chief presented a plan to turn 2/3rd's of the cities land over to the State by declaring it "a risk fire hazard zone".  The declaration would move the 2/3rds to State control and regulation, dramatically increasing the costs of building codes compliance and insurance, while effectively ending development and property improvement.  It would also end the sale of homes in these sectors since Home Owners insurance and property compliance would be prohibitively expensive.  Agenda 21 at work.  Right next door.   From TeaPartyORG:  http://goo.gl/QHIOS ......   "The International Council for Local Environmental Initiatives (ICLEI) is a conglomerate of 600 national, regional, and local government associations who promote "sustainable development" and protection of the environment because of man-made global warming that does not exist. "Sustainable development" is the United Nations effort to contain and limit economic development in developed countries and thus control population growth. It is "sustainable de-growth," plain and simple. The focus is "low-income agriculture" and to set limits on the developed world. United Nations and its affiliates believe that first world countries polluted significantly during their development while urging third world countries to reduce pollution thus impeding their growth. Implementation of"sustainable development" would revert our society to a pre-modern lifestyle. ICLEI wants to keep the environment as pristine as possible through "ideal-seeking behavior." These euphemisms are not clearly defined in terms of what or who will evaluate or set the standards for this "ideal-seeking behavior." Agenda 21 sets up the global infrastructure to manage, count, and control assets. It is not concerned with
Paul Merrell

M of A - Lack Of U.S. Air Support In Ramadi Points To Disguised Darker Aim - 0 views

www.moonofalabama.org/...s-to-disguised-darker-aim.html

war & peace U.S.-foreign-policy Iraq Syria Turkey Saudis Qatar Al-Nusrah

shared by Paul Merrell on 28 May 15 - No Cached
  • Why were there so few U.S. air attacks on the Islamic State attackers when they took Ramadi? The first excuse put out by the U.S. military was "a sandstorm ate my lunch". That excuse was placed as news in the NYT: Islamic State fighters used a sandstorm to help seize a critical military advantage in the early hours of the terrorist group’s attack on the provincial Iraqi capital of Ramadi last week, helping to set in motion an assault that forced Iraqi security forces to flee, current and former American officials said Monday. The stenographer writing the piece did not bother to ask eyewitnesses or to check with some weather service. The myth of the "sandstorm" was thus born and repeated again and again. But people looking at the videos and pictures from the fighting could only see a bright blue sky. The military, though not the NYT, had to retract: Col. Steve Warren, a Pentagon spokesman, told reporters today that last weekend's sandstorm had not affected the coalition’s ability to launch airstrikes in Ramadi, though “weather was a factor on the ground early on.”
  • Now the U.S. military needs a new excuse to explain why it does not really bother to attack the Islamic State troops. Again it is the NYT that is willing to stenograph: American officials say they are not striking significant — and obvious — Islamic State targets out of fear that the attacks will accidentally kill civilians. Killing such innocents could hand the militants a major propaganda coup and alienate both the local Sunni tribesmen, whose support is critical to ousting the militants, and Sunni Arab countries that are part of the American-led coalition. The alleged restrain in in fear of killing civilians in bonkers. The few U.S. airstrikes on Islamic State targets, though not admitted, have already killed hundreds of civilians. This excuse for not helping the defenders of Ramadi is also nonsense as many occasions for potential attacks, like the Islamic State parade in this picture, are in areas with no or few civilians around. Why are Islamic State fighters free to travel the roads between Syria and Iraq in mass?
  • Nether the "sandstrom" excuse nor the "fear" of accidentally killing civilians seem to be an explanation for the decision to not support the Iraqi troops against the Islamic State attacks. A sound explanation can be found in the 2012 Defense Intelligence Agency assessment, recently revealed, that says that the U.S. and the Gulf monarchies do want an Islamic State covering east Syria and west Iraq: “… there is the possibility of establishing a declared or undeclared Salafist Principality in eastern Syria (Hasaka and Der Zor), and this is exactly what the supporting powers to the opposition want, in order to isolate the Syrian regime, which is considered the strategic depth of the Shia expansion (Iraq and Iran).” In a recent Sunday show the neocon and former U.S. ambassador to the UN John Bolton put it on the record: I think our objective should be a new Sunni state out of the western part of Iraq, the eastern part of Syria run by moderates or at least authoritarians who are not radical Islamists. What's left of the state of Iraq, as of right now, is simply a satellite of the Ayatollahs in Tehran. It's not anything we should try to aid.
  • ...3 more annotations...
  • Not unrelated the Associated Press is running a home story about a nice, Islamic State financed, honeymoon in Raqqa: The honeymoon was a brief moment for love, away from the front lines of Syria's war. In the capital of the Islamic State group's self-proclaimed "caliphate," Syrian fighter Abu Bilal al-Homsi was united with his Tunisian bride for the first time after months chatting online. They married, then passed the days dining on grilled meats in Raqqa's restaurants, strolling along the Euphrates River and eating ice cream. It was all made possible by the marriage bonus he received from the Islamic State group: $1,500 for him and his wife to get started on a new home, a family — and a honeymoon. "It has everything one would want for a wedding," al-Homsi said of Raqqa ... Who paid how much to AP for that  Islamic State recruiting advertisement?
  • The U.S. military in the Middle East is not helping the legitimate state of Iraq against the illegitimate Islamic State. It is shaping the environment so that it will allow for a delimited "Salafist Principality" in Syria and Iraq, mostly independent Kurdish areas and a rump state of Shia Iraq.
  • The only sound explanation for the very, very limited air support the U.S. is giving to Iraq is its aim of dismembering the Iraqi state and creating a new Sunni state entity under its tutelage. The Iraqi government should finally recognize this and should stay away from U.S. advice and dependency.
  • Paul Merrell on 28 May 15
     
    I'll be posting more bookmarks on the topic of the cover being blown from the U.S. strategy on behalf of Israel to carve up Syria and Iraq into Balkanized states, whilst blocking the Iran-Iraq-Syria Freedom Pipeline. This has been covered from the beginning by alternative press but never made it into mainstream media. Not even the release of the Defense Intelligence Agency document proving that goal could crack that media blackout.   
Gary Edwards

The obscure legal system that lets corporations sue countries | Claire Provost and Matt... - 0 views

www.theguardian.com/...rtations-sue-states-ttip-icsid

ISDS TTIP Banksters World-Banksters

shared by Gary Edwards on 10 Jun 15 - No Cached
  • Every year on 15 September, thousands of Salvadorans celebrate the date when much of Central America gained independence from Spain. Fireworks are set off and marching bands parade through villages across the country. But, last year, in the town of San Isidro, in Cabañas, the festivities had a markedly different tone. Hundreds had gathered to protest against the mine. Gold mines often use cyanide to separate gold from ore, and widespread concern over already severe water contamination in El Salvador has helped fuel a powerful movement determined to keep the country’s minerals in the ground. In the central square, colourful banners were strung up, calling on OceanaGold to drop its case against the country and leave the area. Many were adorned with the slogan, “No a la mineria, Si a la vida” (No to mining, Yes to life). On the same day, in Washington DC, Parada gathered his notes and shuffled into a suite of nondescript meeting rooms in the World Bank’s J building, across the street from its main headquarters on Pennsylvania Avenue. This is the International Centre for the Settlement of Investment Disputes (ICSID): the primary institution for handling the cases that companies file against sovereign states. (The ICSID is not the sole venue for such cases; there are similar forums in London, Paris, Hong Kong and the Hague, among others.) The date of the hearing was not a coincidence, Parada said. The case has been framed in El Salvador as a test of the country’s sovereignty in the 21st century, and he suggested that it should be heard on Independence Day. “The ultimate question in this case,” he said, “is whether a foreign investor can force a government to change its laws to please the investor as opposed to the investor complying with the laws they find in the country.”
  • Most international investment treaties and free-trade deals grant foreign investors the right to activate this system, known as investor-state dispute settlement (ISDS), if they want to challenge government decisions affecting their investments. In Europe, this system has become a sticking point in negotiations over the controversial Transatlantic Trade and Investment Partnership (TTIP) deal proposed between the European Union and the US, which would massively extend its scope and power and make it harder to challenge in the future. Both France and Germany have said that they want access to investor-state dispute settlement removed from the TTIP treaty currently under discussion. Investors have used this system not only to sue for compensation for alleged expropriation of land and factories, but also over a huge range of government measures, including environmental and social regulations, which they say infringe on their rights. Multinationals have sued to recover money they have already invested, but also for alleged lost profits and “expected future profits”. The number of suits filed against countries at the ICSID is now around 500 – and that figure is growing at an average rate of one case a week. The sums awarded in damages are so vast that investment funds have taken notice: corporations’ claims against states are now seen as assets that can be invested in or used as leverage to secure multimillion-dollar loans. Increasingly, companies are using the threat of a lawsuit at the ICSID to exert pressure on governments not to challenge investors’ actions.
  • “I had absolutely no idea this was coming,” Parada said. Sitting in a glass-walled meeting room in his offices, at the law firm Foley Hoag, he paused, searching for the right word to describe what has happened in his field. “Rogue,” he decided, finally. “I think the investor-state arbitration system was created with good intentions, but in practice it has gone completely rogue.”
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  • The quiet village of Moorburg in Germany lies just across the river from Hamburg. Past the 16th-century church and meadows rich with wildflowers, two huge chimneys spew a steady stream of thick, grey smoke into the sky. This is Kraftwerk Moorburg, a new coal-fired power plant – the village’s controversial next-door neighbour. In 2009, it was the subject of a €1.4bn investor-state case filed by Vattenfall, the Swedish energy giant, against the Federal Republic of Germany. It is a prime example of how this powerful international legal system, built to protect foreign investors in developing countries, is now being used to challenge the actions of European governments as well. Since the 1980s, German investors have sued dozens of countries, including Ghana, Ukraine and the Philippines, at the World Bank’s Centre in Washington DC. But with the Vattenfall case, Germany found itself in the dock for the first time. The irony was not lost on those who considered Germany to be the grandfather of investor-state arbitration: it was a group of German businessmen, in the late 1950s, who first conceived of a way to protect their overseas investments as a wave of developing countries gained independence from European colonial powers. Led by Deutsche Bank chairman Hermann Abs, they called their proposal an “international magna carta” for private investors.
  • In the 1960s, the idea was taken up by the World Bank, which said that such a system could help the world’s poorer countries attract foreign capital. “I am convinced,” the World Bank president George Woods said at the time, “that those … who adopt as their national policy a welcome [environment] for international investment – and that means, to mince no words about it, giving foreign investors a fair opportunity to make attractive profits – will achieve their development objectives more rapidly than those who do not.” At the World Bank’s 1964 annual meeting in Tokyo, it approved a resolution to set up a mechanism for handling investor-state cases. The first line of the ICSID Convention’s preamble sets out its goal as “international cooperation for economic development”. There was sharp opposition to this system from its inception, with a bloc of developing countries warning that it would undermine their sovereignty. A group of 21 countries – almost every Latin American country, plus Iraq and the Philippines – voted against the proposal in Tokyo. But the World Bank moved ahead regardless. Andreas Lowenfeld, an American legal academic who was involved in some of these early discussions, later remarked: “I believe this was the first time that a major resolution of the World Bank had been pressed forward with so much opposition.”
  • now governments are discovering, too late, the true price of that confidence. The Kraftwerk Moorburg plant was controversial long before the case was filed. For years, local residents and environmental groups objected to its construction, amid growing concern over climate change and the impact the project would have on the Elbe river. In 2008, Vattenfall was granted a water permit for its Moorburg project, but, in response to local pressure, local authorities imposed strict environmental conditions to limit the utility’s water usage and its impact on fish. Vattenfall sued Hamburg in the local courts. But, as a foreign investor, it was also able to file a case at the ICSID. These environmental measures, it said, were so strict that they constituted a violation of its rights as guaranteed by the Energy Charter Treaty, a multilateral investment agreement signed by more than 50 countries, including Sweden and Germany. It claimed that the environmental conditions placed on its permit were so severe that they made the plant uneconomical and constituted acts of indirect expropriation.
  • With the rapid growth in these treaties – today there are more than 3,000 in force – a specialist industry has developed in advising companies how best to exploit treaties that give investors access to the dispute resolution system, and how to structure their businesses to benefit from the different protections on offer. It is a lucrative sector: legal fees alone average $8m per case, but they have exceeded $30m in some disputes; arbitrators’ fees at start at $3,000 per day, plus expenses.
  • Vattenfall v Germany ended in a settlement in 2011, after the company won its case in the local court and received a new water permit for its Moorburg plant – which significantly lowered the environmental standards that had originally been imposed, according to legal experts, allowing the plant to use more water from the river and weakening measures to protect fish. The European Commission has now stepped in, taking Germany to the EU Court of Justice, saying its authorisation of the Moorburg coal plant violated EU environmental law by not doing more to reduce the risk to protected fish species, including salmon, which pass near the plant while migrating from the North Sea. A year after the Moorburg case closed, Vattenfall filed another claim against Germany, this time over the federal government’s decision to phase out nuclear power. This second suit – for which very little information is available in the public domain, despite reports that the company is seeking €4.7bn from German taxpayers – is still ongoing. Roughly one third of all concluded cases filed at the ICSID are recorded as ending in “settlements”, which – as the Moorburg dispute shows – can be very profitable for investors, though their terms are rarely fully disclosed.
  • “It was a total surprise for us,” the local Green party leader Jens Kerstan laughed, in a meeting at his sunny office in Hamburg last year. “As far as I knew, there were some [treaties] to protect German companies in the [developing] world or in dictatorships, but that a European company can sue Germany, that was totally a surprise to me.”
  • While a tribunal cannot force a country to change its laws, or give a company a permit, the risk of massive damages may in some cases be enough to persuade a government to reconsider its actions. The possibility of arbitration proceedings can be used to encourage states to enter into meaningful settlement negotiations.
  • A small number of countries are now attempting to extricate themselves from the bonds of the investor-state dispute system. One of these is Bolivia, where thousands of people took to the streets of the country’s third-largest city, Cochabamba, in 2000, to protest against a dramatic hike in water rates by a private company owned by Bechtel, the US civil engineering firm. During the demonstrations, the Bolivian government stepped in and terminated the company’s concession. The company then filed a $50m suit against Bolivia at the ICSID. In 2006, following a campaign calling for the case to be thrown out, the company agreed to accept a token payment of less than $1. After this expensive case, Bolivia cancelled the international agreements it had signed with other states giving their investors access to these tribunals. But getting out of this system is not easily done. Most of these international agreements have sunset clauses, under which their provisions remain in force for a further 10 or even 20 years, even if the treaties themselves are cancelled.
  • There are now thousands of international investment agreements and free-trade acts, signed by states, which give foreign companies access to the investor-state dispute system, if they decide to challenge government decisions. Disputes are typically heard by panels of three arbitrators; one selected by each side, and the third agreed upon by both parties. Rulings are made by majority vote, and decisions are final and binding. There is no appeals process – only an annulment option that can be used on very limited grounds. If states do not pay up after the decision, their assets are subject to seizure in almost every country in the world (the company can apply to local courts for an enforcement order).
  • While there is no equivalent of legal aid for states trying to defend themselves against these suits, corporations have access to a growing group of third-party financiers who are willing to fund their cases against states, usually in exchange for a cut of any eventual award.
  • Increasingly, these suits are becoming valuable even before claims are settled. After Rurelec filed suit against Bolivia, it took its case to the market and secured a multimillion-dollar corporate loan, using its dispute with Bolivia as collateral, so that it could expand its business. Over the last 10 years, and particularly since the global financial crisis, a growing number of specialised investment funds have moved to raise money through these cases, treating companies’ multimillion-dollar claims against states as a new “asset class”.
  • El Salvador has already spent more than $12m defending itself against Pacific Rim, but even if it succeeds in beating the company’s $284m claim, it may never recover these costs. For years Salvadoran protest groups have been calling on the World Bank to initiate an open and public review of ICSID. To date, no such study has been carried out. In recent years, a number of ideas have been mooted to reform the international investor-state dispute system – to adopt a “loser pays” approach to costs, for example, or to increase transparency. The solution may lie in creating an appeals system, so that controversial judgments can be revisited.
  • Brazil has never signed up to this system – it has not entered into a single treaty with these investor-state dispute provisions – and yet it has had no trouble attracting foreign investment.
  • Gary Edwards on 10 Jun 15
     
    "Luis Parada's office is just four blocks from the White House, in the heart of K Street, Washington's lobbying row - a stretch of steel and glass buildings once dubbed the "road to riches", when influence-peddling became an American growth industry. Parada, a soft-spoken 55-year-old from El Salvador, is one of a handful of lawyers in the world who specialise in defending sovereign states against lawsuits lodged by multinational corporations. He is the lawyer for the defence in an obscure but increasingly powerful field of international law - where foreign investors can sue governments in a network of tribunals for billions of dollars. Fifteen years ago, Parada's work was a minor niche even within the legal business. But since 2000, hundreds of foreign investors have sued more than half of the world's countries, claiming damages for a wide range of government actions that they say have threatened their profits. In 2006, Ecuador cancelled an oil-exploration contract with Houston-based Occidental Petroleum; in 2012, after Occidental filed a suit before an international investment tribunal, Ecuador was ordered to pay a record $1.8bn - roughly equal to the country's health budget for a year. (Ecuador has logged a request for the decision to be annulled.) Parada's first case was defending Argentina in the late 1990s against the French conglomerate Vivendi, which sued after the Argentine province of Tucuman stepped in to limit the price it charged people for water and wastewater services. Argentina eventually lost, and was ordered to pay the company more than $100m. Now, in his most high-profile case yet, Parada is part of the team defending El Salvador as it tries to fend off a multimillion-dollar suit lodged by a multinational mining company after the tiny Central American country refused to allow it to dig for gold."
Gary Edwards

Major Banksters, Governmental Officials and Their Comrade Capitalists Targets of Spire ... - 0 views

www.marketwatch.com/...ted-states-treasury-2012-10-25

Banksters Federal-Reserve-Bankster-Cartel

shared by Gary Edwards on 02 Nov 12 - No Cached
  • Gary Edwards on 02 Nov 12
     
    "NEW YORK, Oct. 25, 2012 /PRNewswire via COMTEX/ -- Spire Law Group, LLP's national home owners' lawsuit, pending in the venue where the "Banksters" control their $43 trillion racketeering scheme (New York) - known as the largest money laundering and racketeering lawsuit in United States History and identifying $43 trillion ($43,000,000,000,000.00) of laundered money by the "Banksters" and their U.S. racketeering partners and joint venturers - now pinpoints the identities of the key racketeering partners of the "Banksters" located in the highest offices of government and acting for their own self-interests. In connection with the federal lawsuit now impending in the United States District Court in Brooklyn, New York (Case No. 12-cv-04269-JBW-RML) - involving, among other things, a request that the District Court enjoin all mortgage foreclosures by the Banksters nationwide, unless and until the entire $43 trillion is repaid to a court-appointed receiver - Plaintiffs now establish the location of the $43 trillion ($43,000,000,000,000.00) of laundered money in a racketeering enterprise participated in by the following individuals (without limitation): Attorney General Holder acting in his individual capacity, Assistant Attorney General Tony West, the brother in law of Defendant California Attorney General Kamala Harris (both acting in their individual capacities), Jon Corzine (former New Jersey Governor), Robert Rubin (former Treasury Secretary and Bankster), Timothy Geitner, Treasury Secretary (acting in his individual capacity), Vikram Pandit (recently resigned and disgraced Chairman of the Board of Citigroup), Valerie Jarrett (a Senior White House Advisor), Anita Dunn (a former "communications director" for the Obama Administration), Robert Bauer (husband of Anita Dunn and Chief Legal Counsel for the Obama Re-election Campaign), as well as the "Banksters" themselves, and their affiliates and conduits. The lawsuit alleges serial violations of the United States Patri
  • Gary Edwards on 02 Nov 12
     
    This is the first time anyone has tried to go after the Bankster class of midievil (mediæval) elites to recover theft of funds. Charges include racketeering, fraud and international money laundering. The mass tort action is now in the Brooklyn Federal Courts. Dead bodies are starting to show up as the Banksters move to shut down press coverage. Amazing stuff.
Paul Merrell

America's Lead Iran Negotiator Misrepresents U.S. Policy (and International L... - 0 views

goingtotehran.com/-international-law-to-congress

war & peace Iran nuclear-non-proliferation-treaty NNTP Iranian-nukes-myth Obama lies

shared by Paul Merrell on 14 Nov 13 - No Cached
  • Last month, while testifying to the Senate Foreign Relations Committee, Wendy Sherman—Undersecretary of State for Political Affairs and the senior U.S. representative in the P5+1 nuclear talks with Iran—said, with reference to Iranians, “We know that deception is part of the DNA.”  This statement goes beyond orientalist stereotyping; it is, in the most literal sense, racist.  And it evidently was not a mere “slip of the tongue”:  a former Obama administration senior official told us that Sherman has used such language before about Iranians. 
  • Putting aside Sherman’s glaring display of anti-Iranian racism, there was another egregious manifestation of prejudice-cum-lie in her testimony to the Senate Foreign Relations Committee that we want to explore more fully.  It came in a response to a question from Senator Marco Rubio (R-Florida) about whether states have a right to enrich under the Nuclear Non-Proliferation Treaty (NPT).  Here is the relevant passage in Sherman’s reply:  “It has always been the U.S. position that Article IV of the Nuclear Non-Proliferation Treaty does not speak about the right of enrichment at all [and] doesn’t speak to enrichment, period.  It simply says that you have the right to research and development.”  Sherman goes on to acknowledge that “many countries such as Japan and Germany have taken that [uranium enrichment] to be a right.”  But, she says, “the United States does not take that position.  We take the position that we look at each one of these [cases].”  Or, as she put it at the beginning of her response to Sen. Rubio, “It has always been the U.S. position that Article IV of the Nuclear Non-Proliferation Treaty does not speak about the right of enrichment at all” (emphasis added). 
  • Two points should be made here.  First, the claim that the NPT’s Article IV does not affirm the right of non-nuclear-weapons states to pursue indigenous development of fuel-cycle capabilities, including uranium enrichment, under international safeguards is flat-out false.  Article IV makes a blanket statement that “nothing in this Treaty shall be interpreted as affecting the inalienable right of all the Parties to the Treaty to develop research, production and use of nuclear energy for peaceful purposes without discrimination.”  And it’s not just “countries such as Japan and Germany”—both close U.S. allies—which affirm that this includes the right of non-weapons states to enrich uranium under safeguards.  The BRICS (Brazil, Russia, India, China, and South Africa) countries and the Non-Aligned Movement (whose 120 countries represent a large majority of UN members) have all clearly affirmed the right of non-nuclear-weapons states, including the Islamic Republic of Iran, to pursue indigenous safeguarded enrichment.  In fact, just four countries in the world hold that there is no right to safeguarded enrichment under the NPT:  the United States, Britain, France, and Israel (which isn’t even a NPT signatory).  That’s it.  Moreover, the right to indigenous technological development—including nuclear fuel-cycle capabilities, should a state choose to pursue them—is a sovereign right.  It is not conferred by the NPT; the NPT’s Article IV recognizes states’ “inalienable right” in this regard, while other provisions bind non-weapons states that join the Treaty to exercise this right under international safeguards.       
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  • There have been many first-rate analyses demonstrating that the right to safeguarded enrichment under the NPT is crystal clear—from the Treaty itself, from its negotiating history, and from subsequent practice, with at least a dozen non-weapons states building fuel-cycle infrastructures potentially capable of supporting weapons programs.  Bill Beeman published a nice Op Ed in the Huffington Post on this question in response to Sherman’s Senate Foreign Relations Committee testimony, see here and, for a text including references, here.  For truly definitive legal analyses, see the work of Daniel Joyner, for example here and here.  The issue will also be dealt with in articles by Flynt Leverett and Dan Joyner in a forthcoming special issue of the Penn State Journal of Law and International Affairs, which should appear within the next few days.         From any objectively informed legal perspective, denying non-weapons states’ right of safeguarded enrichment amounts to nothing more than a shameless effort to rewrite the NPT unilaterally.  And this brings us to our second point about Sherman’s Senate Foreign Relations Committee testimony. 
  • Sherman claims that “It has always been the U.S. position that Article IV of the Nuclear Non-Proliferation Treaty does not speak about the right of enrichment at all [and] doesn’t speak to enrichment, period.”  But, in fact, the United States originally held that the right to peaceful use recognized in the NPT’s Article IV includes the indigenous development of safeguarded fuel-cycle capabilities.  In 1968, as America and the Soviet Union, the NPT’s sponsors, prepared to open it for signature, the founding Director of the U.S. Arms Control and Disarmament Agency, William Foster, told the Senate Foreign Relations Committee—the same committee to which Sherman untruthfully testified last month—that the Treaty permitted non-weapons states to pursue the fuel cycle.  We quote Foster on this point:   “Neither uranium enrichment nor the stockpiling of fissionable material in connection with a peaceful program would violate Article II so long as these activities were safeguarded under Article III.”  [Note:  In Article II of the NPT, non-weapons states commit not to build or acquire nuclear weapons; in Article III, they agree to accept safeguards on the nuclear activities, “as set forth in an agreement to be negotiated and concluded with the International Atomic Energy Agency.”] 
  • Thus, it is a bald-faced lie to say that the United States has “always” held that the NPT does not recognize a right to safeguarded enrichment.  As a matter of policy, the United States held that that the NPT recognized such a right even before it was opened for signature; this continued to be the U.S. position for more than a quarter century thereafter.  It was only after the Cold War ended that the United States—along with Britain, France, and Israel—decided that the NPT should be, in effect, unilaterally rewritten (by them) to constrain the diffusion of fuel-cycle capabilities to non-Western states.  And their main motive for trying to do so has been to maximize America’s freedom of unilateral military initiative and, in the Middle East, that of Israel.  This is the agenda for which Wendy Sherman tells falsehoods to a Congress that is all too happy to accept them.    
  • Paul Merrell on 14 Nov 13
     
    What should be the reaction of Congress upon discovering that the U.S. lead negotiator with Iran in regard to its budding peaceful use of nuclear power lies to Congress about the Nuclear Non-Proliferation Treaty's applicability to Iran's actions? 
Paul Merrell

Exclusive: Inside America's Plan to Kill Online Privacy Rights Everywhere | The Cable - 0 views

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surveillance state NSA NSA-blowback UN digital-privacy human rights

shared by Paul Merrell on 22 Nov 13 - No Cached
  • The United States and its key intelligence allies are quietly working behind the scenes to kneecap a mounting movement in the United Nations to promote a universal human right to online privacy, according to diplomatic sources and an internal American government document obtained by The Cable. The diplomatic battle is playing out in an obscure U.N. General Assembly committee that is considering a proposal by Brazil and Germany to place constraints on unchecked internet surveillance by the National Security Agency and other foreign intelligence services. American representatives have made it clear that they won't tolerate such checks on their global surveillance network. The stakes are high, particularly in Washington -- which is seeking to contain an international backlash against NSA spying -- and in Brasilia, where Brazilian President Dilma Roussef is personally involved in monitoring the U.N. negotiations.
  • The Brazilian and German initiative seeks to apply the right to privacy, which is enshrined in the International Covenant on Civil and Political Rights (ICCPR), to online communications. Their proposal, first revealed by The Cable, affirms a "right to privacy that is not to be subjected to arbitrary or unlawful interference with their privacy, family, home, or correspondence." It notes that while public safety may "justify the gathering and protection of certain sensitive information," nations "must ensure full compliance" with international human rights laws. A final version the text is scheduled to be presented to U.N. members on Wednesday evening and the resolution is expected to be adopted next week. A draft of the resolution, which was obtained by The Cable, calls on states to "to respect and protect the right to privacy," asserting that the "same rights that people have offline must also be protected online, including the right to privacy." It also requests the U.N. high commissioner for human rights, Navi Pillay, present the U.N. General Assembly next year with a report on the protection and promotion of the right to privacy, a provision that will ensure the issue remains on the front burner.
  • Publicly, U.S. representatives say they're open to an affirmation of privacy rights. "The United States takes very seriously our international legal obligations, including those under the International Covenant on Civil and Political Rights," Kurtis Cooper, a spokesman for the U.S. mission to the United Nations, said in an email. "We have been actively and constructively negotiating to ensure that the resolution promotes human rights and is consistent with those obligations." But privately, American diplomats are pushing hard to kill a provision of the Brazilian and German draft which states that "extraterritorial surveillance" and mass interception of communications, personal information, and metadata may constitute a violation of human rights. The United States and its allies, according to diplomats, outside observers, and documents, contend that the Covenant on Civil and Political Rights does not apply to foreign espionage.
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  • n recent days, the United States circulated to its allies a confidential paper highlighting American objectives in the negotiations, "Right to Privacy in the Digital Age -- U.S. Redlines." It calls for changing the Brazilian and German text so "that references to privacy rights are referring explicitly to States' obligations under ICCPR and remove suggestion that such obligations apply extraterritorially." In other words: America wants to make sure it preserves the right to spy overseas. The U.S. paper also calls on governments to promote amendments that would weaken Brazil's and Germany's contention that some "highly intrusive" acts of online espionage may constitute a violation of freedom of expression. Instead, the United States wants to limit the focus to illegal surveillance -- which the American government claims it never, ever does. Collecting information on tens of millions of people around the world is perfectly acceptable, the Obama administration has repeatedly said. It's authorized by U.S. statute, overseen by Congress, and approved by American courts.
  • "Recall that the USG's [U.S. government's] collection activities that have been disclosed are lawful collections done in a manner protective of privacy rights," the paper states. "So a paragraph expressing concern about illegal surveillance is one with which we would agree." The privacy resolution, like most General Assembly decisions, is neither legally binding nor enforceable by any international court. But international lawyers say it is important because it creates the basis for an international consensus -- referred to as "soft law" -- that over time will make it harder and harder for the United States to argue that its mass collection of foreigners' data is lawful and in conformity with human rights norms. "They want to be able to say ‘we haven't broken the law, we're not breaking the law, and we won't break the law,'" said Dinah PoKempner, the general counsel for Human Rights Watch, who has been tracking the negotiations. The United States, she added, wants to be able to maintain that "we have the freedom to scoop up anything we want through the massive surveillance of foreigners because we have no legal obligations."
  • The United States negotiators have been pressing their case behind the scenes, raising concerns that the assertion of extraterritorial human rights could constrain America's effort to go after international terrorists. But Washington has remained relatively muted about their concerns in the U.N. negotiating sessions. According to one diplomat, "the United States has been very much in the backseat," leaving it to its allies, Australia, Britain, and Canada, to take the lead. There is no extraterritorial obligation on states "to comply with human rights," explained one diplomat who supports the U.S. position. "The obligation is on states to uphold the human rights of citizens within their territory and areas of their jurisdictions."
  • The position, according to Jamil Dakwar, the director of the American Civil Liberties Union's Human Rights Program, has little international backing. The International Court of Justice, the U.N. Human Rights Committee, and the European Court have all asserted that states do have an obligation to comply with human rights laws beyond their own borders, he noted. "Governments do have obligation beyond their territories," said Dakwar, particularly in situations, like the Guantanamo Bay detention center, where the United States exercises "effective control" over the lives of the detainees. Both PoKempner and Dakwar suggested that courts may also judge that the U.S. dominance of the Internet places special legal obligations on it to ensure the protection of users' human rights.
  • "It's clear that when the United States is conducting surveillance, these decisions and operations start in the United States, the servers are at NSA headquarters, and the capabilities are mainly in the United States," he said. "To argue that they have no human rights obligations overseas is dangerous because it sends a message that there is void in terms of human rights protection outside countries territory. It's going back to the idea that you can create a legal black hole where there is no applicable law." There were signs emerging on Wednesday that America may have been making ground in pressing the Brazilians and Germans to back on one of its toughest provisions. In an effort to address the concerns of the U.S. and its allies, Brazil and Germany agreed to soften the language suggesting that mass surveillance may constitute a violation of human rights. Instead, it simply deep "concern at the negative impact" that extraterritorial surveillance "may have on the exercise of and enjoyment of human rights." The U.S., however, has not yet indicated it would support the revised proposal.
  • The concession "is regrettable. But it’s not the end of the battle by any means," said Human Rights Watch’s PoKempner. She added that there will soon be another opportunity to corral America's spies: a U.N. discussion on possible human rights violations as a result of extraterritorial surveillance will soon be taken up by the U.N. High commissioner.
  • Paul Merrell on 22 Nov 13
     
    Woo-hoo! Go get'em, U.N.
Paul Merrell

To beat ISIS, kick out US-led coalition | nsnbc international - 0 views

nsnbc.me/...isis-kick-out-us-led-coalition

war & peace U.S.-foreign-policy Syria Iraq Iran Russia Lebanon ISIL sandbagging

shared by Paul Merrell on 28 May 15 - No Cached
  • It’s been a bad time for foes of ISIS. Islamic State scored a neat hat-trick by invading strategic Ramadi in Iraq’s mainly Sunni Anbar province, occupying Syria’s historic gem Palmyra, and taking over Al-Tanf, the last remaining border crossing with Iraq. The multinational, American-led ‘Coalition’ launched last August to thwart Islamic State’s (IS, formerly ISIS) march across Syria and Iraq…did nothing.
  • The Iraqis have shot back. Key MP Hakim al-Zamili blames Ramadi’s collapse on the US’s failure to provide “good equipment, weapons and aerial support” to troops. Deputy Prime Minister Saleh Mutlaq, himself a Sunni from Anbar Province, concluded that the Americans were coming up short in all areas. “The Coalition airstrikes are not enough to eliminate IS.” Furthermore, the US policy of recruiting Sunni tribes for the fight, he added, was “too late” – it is “important but not enough.” If ever there was an understatement, this is it. Washington’s long-stated objective of rallying together a vetted Sunni fighting force – or its equivalent in the form of a National Guard – has always served as a placeholder to avoid facing realities.
  • One thing we have learned from IS gains in small and large Sunni towns alike, is that the extremist group prides itself on sleeper cells and alliances inside of these areas. Sunni tribes and families, both, are divided on their support of IS. And the militants ensure that everyone else falls in line through a brutal campaign of inflicting fear and pain indiscriminately. So the likelihood of a significant, anti-IS, well-trained and equipped Sunni fighting force emerging anytime soon is just about nil. So too is the idea of a US-led Coalition air force that can cripple Islamic State. Washington has run fewer sorties over Syria and Iraq in the nine months since inception of its air campaign, than Israel ran in its entire three-week Gaza blitz in 2008-09. Where were the American bombers when Ramadi and Palmyra were being taken? And why does the US Air Force only seem to engage in earnest when their Kurdish allies are being threatened – as in Kobani (Ain al-Arab), Syria, and Erbil in Iraq?
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  • If actions speak louder than words, then Washington’s moves in the Mideast have been deafening. Forget talk of a ‘unified Iraq’ with a ‘strong central government’. And definitely forget loudly-proclaimed objectives of ‘training moderate forces’ to ‘fight off IS’ across the Jordanian and Turkish borders in Syria. That’s just talk. An objective look at US interests in the region paint an entirely different picture. The Americans seek to maintain absolute hegemony in the Mideast, even as they exit costly military occupations of Iraq and Afghanistan. Their primary interests are 1) access to low cost oil and gas, 2) propping up Israel, and more recently, 3) undermining Russian (and Chinese) influence in the region. Clinging on to hegemony would be a whole lot easier without the presence of a powerful, independent Islamic Republic of Iran, which continues to throw a wrench in many of Washington’s regional projects. So hegemony is somewhat dependent on weakening Iran – and its supportive alliances.
  • But why ignore Sunni groups who are unreservedly opposed to IS? Aren’t they America’s natural constituents inside Iraq? The Takfiri extremist groups serve a purpose for Washington. IS has had the ability – where competing Sunni factions, with their ever-growing lists of demands from Baghdad, have not – to transform the US’ ‘buffer’ project into a physical reality. And Washington has not needed to expend blood, treasure or manpower to get the job done.
  • You only have to look at recent US actions in Iraq to see this unspoken plan in action. Washington’s most intensive airstrikes to date were when Kurdish Erbil and its environs came under threat by ISIS.Washington’s most intensive airstrikes to date were when Kurdish Erbil and its environs came under threat by ISIS. Congress has breached all international norms by ushering through legislation to directly arm Sunni and Kurdish militias and bypass the central government in Baghdad. And despite endless promises and commitments, the Americans have failed at every hurdle to train and equip the Iraqi Army and security forces to do anything useful. A weak, divided Iraq can never become a regional powerhouse allied with Iran and the Resistance Axis. Likewise a weak, divided Syria. But without US control over these central governments, the only way to achieve this is 1) through the creation of sectarian and ethnic strife that could carve out pro-US buffers inside the ‘Resistance states’ and/or 2) through the creation of a hostile ‘Sunni buffer’ to break this line from Iran to Palestine.
  • General Walid Sukariyya, a Sunni, pro-resistance member of Lebanon’s parliament, agrees. “ISIS will be better for the US and Israel than having a strong Iran, Iraq and Syria…If they succeed at this, the Sunni state in Iraq will split the resistance from Palestine.” While Washington has long sought to create a buffer in Iraq on the Syrian border, it has literally spent years trying – and failing – to find, then mold, representative Sunni Iraqi leaders who will comfortably toe a pro-American line. An example of this is the Anbar delegation US General John Allen handpicked last December for a DC tour, which excluded representatives of the two most prominent Sunni tribes fighting IS in Iraq – the Albu Alwan and Albu Nimr. A spokesman for the tribes, speaking to Al-Jarida newspaper, objected at the time: “We are fighting ISIL and getting slaughtered, while suffering from a shortage of weapons. In the meantime, others are going to Washington to get funds and will later be assigned as our leaders.”
  • With the removal of Saddam Hussein in Iraq, the US inadvertently extended Iran’s arc of influence in a direct geographic line to Palestine, leaving the Israeli colonial project vulnerable. Former President George W. Bush immediately took on the task of destroying this Resistance Axis by attempting to neuter Iranian allies Hezbollah, Syria and Hamas – and failed. The Arab Spring presented a fresh opportunity to regroup: the US and its Turkish and Persian Gulf allies swung into action to create conditions for regime-change in Syria. The goal? To break this geographic line from Iran – through Iraq, Syria and Lebanon – to Palestine. When regime-change failed, the goalpost moved to the next best plan: dividing Syria into several competing chunks, which would weaken the central state and create a pro-US ‘buffer’ along the border with Israel. Weakening the central government in Iraq by dividing the state along Kurdish, Sunni and Shiite lines has also been a priority for the Americans.
  • The DIA brief makes clear that the escalation of conflict in Syria will create further sectarianism and radicalization, which will increase the likelihood of an ‘Islamic State’ on the Syrian-Iraqi border, one that would likely be manned by the Islamic State of Iraq (ISI). So what did Washington do when it received this information? It lied. Less than one month after the DIA report was published, US Secretary of State John Kerry told the Senate Foreign Relations Committee this about the Syrian opposition: “I just don’t agree that a majority are Al-Qaeda and the bad guys. That’s not true. There are about 70,000 to 100,000 oppositionists … Maybe 15 percent to 25 percent might be in one group or another who are what we would deem to be bad guys…There is a real moderate opposition that exists.” Using the fabricated storyline of ‘moderate rebels’ who need assistance to fight a ‘criminal Syrian regime’, the US government kept the Syrian conflict buzzing, knowing full well the outcome would mean the establishment of a Sunni extremist entity spanning the Syrian-Iraqi border…which could cripple, what the Americans call, “the strategic depth of the Shia expansion.”As US Council on Foreign Relations member and terrorism analyst Max Abrahms conceded on Twitter: “The August 5, 2012 DIA report confirms much of what Assad has been saying all along about his opponents both inside & outside Syria.”
  • Since last year, numerous Iraqi officials have complained about the US airdropping weapons to IS – whether deliberately or inadvertently remains disputed. Military sources, on the other hand, have made clear that the US-led Coalition ignores many of the Iraqi requests for air cover during ground operations. If the US isn’t willing to play ball in Iraq’s existential fight against IS, then why bother with the Americans at all? Iraqi Prime Minister Haider al-Abadi is viewed as a ‘weak’ head of state – a relatively pro-American official who will work diligently to keep a balance between US interests and those of Iraq’s powerful neighbor, Iran. But after the disastrous fall of Ramadi, and more bad news from inside Syria, Abadi has little choice but to mitigate these losses, and rapidly. The prime minister has now ordered the engagement of thousands of Hashd al-Shaabi (Shiite paramilitary groups, commonly known as the Popular Mobilization Forces) troops in the Anbar to wrest back control of Ramadi. And this – unusually – comes with the blessings of Anbar’s Sunni tribes who voted overwhelmingly to appeal to the Hashd for military assistance.
  • Joining the Hashd are a few thousand Sunni fighters, making this a politically palatable response. If the Ramadi operation goes well, this joint Sunni-Shiite effort (which also proved successful in Tikrit) could provide Iraq with a model to emulate far and wide. The recent losses in Syria and Iraq have galvanized IS’ opponents from Lebanon to Iran to Russia, with commitments pouring in for weapons, manpower and funds. If Ramadi is recovered, this grouping is unlikely to halt its march, and will make a push to the Syrian border through IS-heavy territory. There is good reason for this: the militants who took Ramadi came across the Syrian border – in full sight of US reconnaissance capabilities. A senior resistance state official told me earlier this year: “We will not allow the establishment of a big (extremist) demographic and geographic area between Syria and Iraq. We will work to push Syrian ISIS inside Syria and Iraqi ISIS inside Iraq.”
  • Right now, the key to pushing back Takfiri gains inside Syria’s eastern and northwestern theaters lies in the strengthening of the Iraqi military landscape. And an absolute priority will be in clearing the IS ‘buffer’ between the two states. Eighteen months ago, in an analysis about how to fight jihadist militants from the Levant to the Persian Gulf, I wrote that the solution for this battle will be found only within the region, specifically from within those states whose security is most compromised or under threat: Lebanon, Syria, Iraq and Iran. I argued that these four states would be forced to increase their military cooperation as the battles intensified, and that they would provide the only ‘boots on the ground’ in this fight. And they will. But air cover is a necessary component of successful offensive operations, even in situations of unconventional warfare. If the US and its flimsy Coalition are unable or unwilling to provide the required reconnaissance assistance and the desired aerial coverage, as guided by a central Iraqi military command, then Iraq should look elsewhere for help.
  • Iran and Russia come to mind – and we may yet get there. Iraq and Syria need to merge their military strategies more effectively – again, an area where the Iranians and Russians can provide valuable expertise. Both states have hit a dangerous wall in the past few weeks, and the motivation for immediate and decisive action is high today. Lebanese resistance group Hezbollah is coming into play increasingly as well – its Secretary-General Hassan Nasrallah has recently promised that Hezbollah will no longer limit itself geographically, and will go where necessary to thwart this Takfiri enemy. The non-state actors that make up the jihadist and Takfiri core cannot be beaten by conventional armies, which is why local militias accustomed to asymmetric warfare are best suited for these battles. Criticizing the US’s utterly nonexistent response to the Ramadi debacle yesterday, Iran’s elite Quds Force Commander Qassem Suleimani points out: “Today, there is nobody in confrontation with [IS] except the Islamic Republic of Iran, as well as nations who are next to Iran or supported by Iran.” The Iranians have become central figures in the fight against terror, and are right next door to it – as opposed to Washington, over 6,000 miles away.
  • If the US has any real commitment to the War on Terror, it should focus on non-combat priorities that are also essential to undermine extremism: 1) securing the Turkish and Jordanian borders to prevent any further infiltration of jihadists into Syria and Iraq, 2) sanctioning countries and individuals who fund and weaponize the Takfiris, most of whom are staunch US allies, now ironically part of the ‘Coalition’ to fight IS, and 3) sharing critical intelligence about jihadist movements with those countries engaged in the battle. It is time to cut these losses and bring some heavyweights into this battle against extremism. If the US-directed Coalition will not deliver airstrikes under the explicit command of sovereign states engaged at great risk in this fight, it may be time to clear Iraqi and Syrian airspace of coalition jets, and fill those skies with committed partners instead.
  • Related documentation: DIA Doc Syria and Iraq:_ Pg.-291-Pgs.-287-293-JW-v-DOD-and-State-14-812-DOD-Release-2015-04-10-final-version11.
  • Paul Merrell on 28 May 15
     
    Woh! Things definitely coming to an inflexion point in Syria and Iraq. This is a reprint from RT.com, the Russian video and web page news service. The hint of direct and overt military action by Russia and Iran should not be ignored. The U.S. is sandbagging for ISIL and al Nusiryah. 
Gary Edwards

Oklahoma House Passes Bill to Ban UN Agenda 21 - 0 views

thenewamerican.com/...asses-bill-to-ban-un-agenda-21

Oklahoma Agenda-21

shared by Gary Edwards on 20 Mar 13 - No Cached
  • Gary Edwards on 20 Mar 13
     
    The State of Oklahoma looks to be well on its way towards joining Alabama, Kansas, and Tennessee as States passing laws to block any efforts to implement the insidious United Nations socialist initiative known as Agenda 21.   Excerpts: lawmakers on both sides of the aisle in Tennessee adopted a resolution blasting the dubious UN agenda as a radical "socialist" plot at odds with individual liberty, private-property rights, and the U.S. Constitution. Lawmakers in Kansas followed suit. Numerous other state governments, under heavy pressure from activists across the political spectrum, are also working to ban the "sustainable development" scheme in their jurisdictions. City and county governments, meanwhile, are taking action to protect residents, too.  "One of the goals of the United Nations Agenda 21 Initiative is to influence governments," Kern explained. "My constituents are concerned about that influence and about their property rights being infringed upon by government regulations that originated from Agenda 21. My legislation addresses those concerns by protecting individual property rights." "The Oklahoma bill passed by the House last week reads: "The state or any political subdivision of the state shall not adopt or implement policy recommendations that deliberately or inadvertently infringe upon or restrict private property rights without due process, as may be required by policy recommendations originating in, or traceable to United Nations Agenda 21/Sustainable Development." Also prohibited under the measure is state or local government participation in "any other international law or ancillary plan of action that contravenes the Constitution of the United States or the Oklahoma Constitution." The legislation also ensures that state and local governments are barred from working with UN-linked groups promoting the controversial agenda. "Since the United Nations has accredited or enlisted numerous nongovernmental and intergovernmen
Gary Edwards

Benghazi report: Trinkets of treason - 1 views

canadafreepress.com/...54740

Banksters-of-America Saudi-Arabia Saudi-Globalist

shared by Gary Edwards on 28 Apr 13 - No Cached
  • Gary Edwards on 28 Apr 13
     
    The truth is dribbling out, thn=anks to Douglas J. Hagmann and Canada Free Press .....................  We've been aligned and hostage to the Saudi Royal Family ever since FDR met with King Ibn Saud, Feb 14th, 1945 near the end of WWII.  It was at this meeting that FDR promised protection for the Saudi family in exchange for the right to develop Saudi oil and sell that oil exclusively in dollars.  Hence the "petro dollar" - backed by Saudi oil instead of GOLD. That agreement, and our subsequent history of our military and state departments acting to further Saudi interests has dominated America.  Our troops and military resources ae mercenaries fighting for Saudi dominance of the Globalist ruling elites.  Our politicians are bought and paid for by the Saudi Globalist Alliance.  They have sold their souls for power and money, with the destruction of the USA Constitution the only thing standing between the Globalist and their quest to rule the world. excerpt: We are witnessing one of the biggest government cover-ups since Watergate. A cover-up that involves murder, arms trafficking, and lies by high ranking officials under oath. It involves the murderous attacks in Benghazi, and congressional investigators just released a 46-page interim progress report that at least exposes Hillary Rodham Clinton and the White House lying under oath. Where's the accountability? Where's the outrage? Where's the media? A 46-page interim progress report of an ongoing investigation across five House Committees by the U.S. House of Representatives was released on Tuesday, April 23, 2013. The executive summary states that former Secretary of State Hillary Rodham Clinton signed off on a reduction of diplomatic security forces suggesting that this reduction of security was, in large part, to blame for the attack in Benghazi on September 11, 2012.  The report emphasizes that this is "inconsistent" with her sworn testimony of January 23, 2013. Simply stated, Hillary Rod
Gary Edwards

BENGHAZI - THE BIGGEST COVER-UP SCANDAL IN U.S. HISTORY? - WAS BENGHAZI A CIA GUN-RUNNI... - 0 views

www.libertynews.com/...r-insurgents-fighting-in-syria

Benghazi Benghazigate Benghazi-coverup

shared by Gary Edwards on 09 May 13 - No Cached
  • Gary Edwards on 09 May 13
     
    "LibertyNEWS.com - Editorial Team Special Report It's never fun to admit you've been lied to and duped. There is no comfort in realizing a high-level group in government has conned you. The wound created from such a realization would be deep and painful when paired with extraordinary insult when you realize the cons are people you not only trusted, but people who are tasked with protecting your rights, your liberty, your life. When these people betray you, you're in trouble - big trouble. Unfortunately, we believe America is being betrayed by powerful individuals tasked with our protection. These people are found in the White House, the Congress, the CIA and other government entities - and they're lying to you. Then they're covering it up on an epic scale, in a never-before-seen manner. Here are the basics of what the schemers in government and the complicit media would like for us all to focus on and buy into: Why wasn't there better security at the consulate (keep this misleading word in mind) in Benghazi? Why didn't authorization come to move special forces in for protection and rescue? Why was an obscure video blamed when everyone knew the video had nothing to do with it? Did Obama's administration cover-up the true nature of the attacks to win an election? Truth is, as we're starting to believe, the above questions are convenient, tactical distractions. And truth is, answers to these questions, if they ever come, will never lead to revelations of the REAL TRUTH and meaningful punishment of anyone found responsible. Rep. Darrell Issa knows this, members of the House Committee investigating the Benghazi attacks know this, the White House knows this, and much of the big corporate media infrastructure knows it, too. How do they know it? Because they know the truth. They know the truth, but cannot and/or will not discuss it in public. Here are the basics that we (America, in general) should be focusing on, but aren't: Why do media
Paul Merrell

Under Intense Pressure to Silence Wikileaks, Secretary of State Hillary Clinton Propose... - 0 views

truepundit.com/drone-strike-on-julian-assange

war & peace Wikileaks Assange assassination-plot Hillary

shared by Paul Merrell on 04 Oct 16 - No Cached
  • Clinton’s State Department was getting pressure from President Obama and his White House inner circle, as well as heads of state internationally, to try and cutoff Assange’s delivery of the cables and if that effort failed, then to forge a strategy to minimize the administration’s public embarrassment over the contents of the cables. Hence, Clinton’s early morning November meeting of State’s top brass who floated various proposals to stop, slow or spin the Wikileaks contamination. That is when a frustrated Clinton, sources said, at some point blurted out a controversial query. “Can’t we just drone this guy?” Clinton openly inquired, offering a simple remedy to silence Assange and smother Wikileaks via a planned military drone strike, according to State Department sources. The statement drew laughter from the room which quickly died off when the Secretary kept talking in a terse manner, sources said. Clinton said Assange, after all, was a relatively soft target, “walking around” freely and thumbing his nose without any fear of reprisals from the United States. Clinton was upset about Assange’s previous 2010 records releases, divulging secret U.S. documents about the war in Afghanistan in July and the war in Iraq just a month earlier in October, sources said. At that time in 2010, Assange was relatively free and not living cloistered in in the embassy of Ecuador in London. Prior to 2010, Assange focused Wikileaks’ efforts on countries outside the United States but now under Clinton and Obama, Assange was hammering America with an unparalleled third sweeping Wikileaks document dump in five months. Clinton was fuming, sources said, as each State Department cable dispatched during the Obama administration was signed by her.
  • Following Clinton’s alleged drone proposal, another controversial remedy was floated in the State Department to place a reward or bounty for Assange’s capture and extradition to the United States, sources said. Numbers were discussed in the realm of a $10 million bounty. A State Department source described that staff meeting as bizarre. One minute staffers were inquiring about the Secretary’s blue and black checkered knit sweater and the next minute, the room was discussing the legalities of a drone strike on Assange and financial bounties, sources said. Immediately following the conclusion of the wild brainstorming session, one of Clinton’s top aides, State Department Director of Policy Planning Ann-Marie Slaughter, penned an email to Clinton, Chief of Staff Cheryl Mills, and aides Huma Abebin and Jacob Sullivan at 10:29 a.m. entitled “an SP memo on possible legal and nonlegal strategies re Wikileaks.” “Nonlegal strategies.” How did that phrasing make it into an official State Department email subject line dealing with solving Wikileaks and Assange? Why would the secretary of state and her inner circle be discussing any “nonlegal strategies” for anything whatsoever? Against anyone? Shouldn’t all the strategies discussed by the country’s top diplomat be strictly legal only? And is the email a smoking gun to confirm Clinton was actually serious about pursuing an obvious “nonlegal strategy” proposal to allegedly assassinate Assange? Numerous attempts were made to try and interview and decipher Slaughter’s choice of email wording, however, she could not be reached for comment.
  • Slaughter’s cryptic email also contained an attached document called “SP Wikileaks doc final11.23.10.docx.” That attachment portion of Slaughter’s “nonlegal strategies” email has yet to be recovered by federal investigators and House committee investigators probing Clinton’s email practices while at State. Even Wikileaks does not have the document. Slaughter, however, shed some light on the attachment: “The result is the attached memo, which has one interesting legal approach and I think some very good suggestions about how to handle our public diplomacy.” But did it also include details on the “nonlegal strategies” teased in the subject line? Sources confirm Clinton took the email and attachment with her to the White House for an afternoon meeting with Secretary of Defense Bob Gates and National Security Advisor Tom Donilon prior to an additional evening meeting at the White House. President Obama, sources said, did not attend the early meeting with Gates as he was traveling with Vice President Joe Biden. President Obama did attend the second meeting, however, and Wikileaks and Assange’s planned release of secret cables were discussed at length, sources said. Attending this meeting were President Obama, Clinton, Gates, Donilon, Director of National Intelligence James Clapper, Deputy Secretary of State James Steinberg, Under Secretary of Defense for Policy Michele Flournoy, Chairman of the Joint Chiefs of Staff Admiral “Mike” Mullen, Vice Chairman of the Joint Chiefs of Staff Gen. James Cartwright as well as a half dozen or more various policy aides, sources confirmed. Did Clinton also share her alleged morning query of droning Assange with the members of the National Security Council and the President? Was it discussed among the top secret subjects in the meeting? Or was Clinton planning to conduct or hatch her own secret foreign policy in defiance of the President, a likely violation of the Logan Act?
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  • The FBI’s 302 report from Clinton’s email investigation interview, again, specified that Clinton had “many discussions” related to “nominating” drone strikes on individuals: “Clinton could not recall a specific process for nominating a target for a drone strike and recalled much debate pertaining to the concurrence process. Clinton knew there was a role for DOD, State and the CIA but could not provide specifics as to what it was. Due to a disagreement between these agencies, Clinton recalled having many discussions related to nominating an individual for a drone strike. When Clinton exchanged classified information pertaining to the drone program internally at State, it was in her office or on a secure call. When Clinton exchanged classified information pertaining to the drone program externally it was at the White House. Clinton never had a concern with how classified information pertaining to the drone program was handled.” Sources said Clinton’s comments on neutralizing Assange fits a pattern of callousness when combined with the FBI testimony that she often considered droning individuals and then coupled with her reaction to Libyan leader Moammar Gaddafi’s death in Oct. 2011.
  • Unable to legally counter or stop Wikileaks, and likely abandoning any and all legal and “nonlegal strategies,” Clinton and her staff were forced to weather the collateral damage of CableGate. In fact, just five days after Clinton’s meetings on Mahogany Row in the State Department and the White House, Wikileaks began releasing cables to news outlets globally on Sunday November 28, 2010. Shortly after CableGate, the WikiLeaks founder sought refuge from authorities and threats by hiding at the Ecuadorian Embassy in London. Now 45, Assange is in his fifth year living quarantined inside the embassy. Clinton remains the Democratic nominee for the presidency of the United States.
  • Perhaps Democratic political operative Bob Beckel wasn’t a party outlier during this controversial Fox broadcast. Likely, Beckel was projecting what others, including Clinton, had already privately proposed.
Gary Edwards

What Is or Should Be the Law? essay on Frederik Bastiat's "The Law" - 1 views

dailyreckoning.com/what-is-or-should-be-the-law

The-Law Frederick-Bastiat executive-orders Rule Rule-of-Law

shared by Gary Edwards on 05 May 12 - No Cached
  • Gary Edwards on 05 May 12
     
    Jeffrey Tucker at The Daily Reckoning wonders about all those Presidential Executive Orders that make Law while by-passing the Congressional process and making mockery of the USA Constitution.  He ends up referencing the great libertarian, Frederick Bastiat's seminal work, The Law - written in 1849.    
    excerpt: One party gets annoyed when the other party's president enacts laws without regard to any constitutional conventions.
    But what is the law, and what should it be? These are the bigger questions that are not part of public consciousness.
    The same was true in the time of Frédéric Bastiat (1801-50). At the very end of his life, he wrote an impassioned plea on the topic. He tried to get people to think hard about what was happening and how law had become an instrument of plunder, rather than a protector of property.
    He writes:
    ...... "It is not true that the function of law is to regulate our consciences, our ideas, our wills, our education, our opinions, our work, our trade, our talents or our pleasures. The function of law is to protect the free exercise of these rights, and to prevent any person from interfering with the free exercise of these same rights by any other person." .......
    This is from Bastiat's The Law, one of the great political essays to emerge from the whole Continental world of the 19th century. It vanished into obscurity in France, was resurrected in late 19th century English, and then disappeared again, only to reappear in the United States in the 1950s, thanks to the efforts of the Foundation of Economic Education.
    This essay asks fundamental questions that most people go through life never having thought about.
    The problem is that most people accept the law as a given, a fundamental fact. As a member of society, you obey or face the consequences. It is not safe to question why. This is because the enforcement arm of the law is the state, that peculiar agency with a unique power in society to
Gary Edwards

A First Look at the Book "The Liberty Amendments", by Mark Levin - Tea Party Command Ce... - 0 views

teapartyorg.ning.com/...show

Liberty-Amendments

shared by Gary Edwards on 15 Aug 13 - No Cached
  • Gary Edwards on 15 Aug 13
     
    Excellent youtube interview! "Mark Levin has just published his much-anticipated book The Liberty Amendments: Restoring the American Republic. Three of his eleven proposed Constitutional amendments appear below, and a Sean Hannity interview of Levin appears at the bottom of this post. Levin's book is centered around the Constitution's Article V (aka "Article 5″). That article specifies two methods for amending the Constitution. Just briefly - In the first method of creating amendments, Congress proposes and the States dispose. In the second method of creating amendments, the States propose and the States dispose. The second method has never been used successfully, although there have been many attempts.  It is that second method that the Founders provided as a remedy for an overreaching federal government. In the second method, neither Congress, nor the President, nor the Supreme Court have any voting or veto authority whatsoever.  The states are in full control. Period. It is, by design, the ultimate override for an over-spending, over-taxing, over-regulating, and increasingly dictatorial and lawless federal government. Clearly, its time has come. In that second method, Congress has at most a mere ministerial role.  Of course Congress is very protective of its power, and could, through delay and inaction, attempt to convert their mere ministerial role into a de facto veto power, halting any attempt for a state-driven amendment action. Apparently Congress has done exactly that many times, acting in bad faith and contrary to the Framers' spirit and intent for Article V which is clearly expressed in the Federalist Papers. Legal scholars have been trying to find a way around the federal government's intransigence, so far with little success. Now more than ever, it is time for We the People to bring the power of Article V to the center ring of American politics. That starts with awareness, and Levin's book will br
Paul Merrell

One Click Politics - 0 views

oneclickpolitics.com/...movetoamend

shared by Paul Merrell on 03 Jun 14 - No Cached
  • Senate Joint Resolution 19 is a proposed Constitutional Amendment to overturn Citizens United, but it doesn’t address corporate constitutional rights at all. Please send a message to the authors of SJR19 -- let them know that Corporate Personhood MUST be included in the language of the amendment... What You Can Do: Help movetoamend accomplish these goals by contributing your power of voice. Take action now by sending a message to Congress telling them why these issues are important to you.
  • Formed in September 2009, Move to Amend is a coalition of hundreds of organizations and hundreds of thousands of individuals committed to social and economic justice, ending corporate rule, and building a vibrant democracy that is genuinely accountable to the people, not corporate interests.
  • Senate Joint Resolution 19 is a proposed Constitutional Amendment to overturn Citizens United, but it doesn’t address corporate constitutional rights at all. Please send a message to the authors of SJR19 -- let them know that Corporate Personhood MUST be included in the language of the amendment... What You Can Do: Help movetoamend accomplish these goals by contributing your power of voice. Take action now by sending a message to Congress telling them why these issues are important to you.
  • Paul Merrell on 03 Jun 14
     
    I have never forwarded action alerts to others by email. The typical action alert winds up sharing your email address with at least one other organization. The next thing you know you're getting donor solicitations from both the Republican and Democratic party central national coordinating committees. It's not just that I'm a political independent; it's an ongoing task to unsubscribe from unwanted mailing lists. Today I got an action alert from Move to Amend, only the second I have received from the organization. This group does not share your email address with anyone. If you choose to participate in this action alert, which is nearing 1 million messages sent, there is a send button near the bottom of the page to participate. That takes you to a page where you can read the message that will be sent. Move to Amend is a non-partisan organization that has been working toward a constitutional amendment for around 4 years that would clear the way for Congress to regulate campaign contributions, in light of Supreme Court decisions declaring that corporations have a First Amendment right to make campaign contributions in any amount they desire. But their amendment would also abolish constitutional rights for all fictional legal "persons" other than human beings and government at the local, state, and national levels. Move to Amend has been going about the process the right way and to date has scored supporting resolutions in 16 state legislatures and hundreds of community governments. That's enough to get oligarchs worried. So there's a bill gathering steam in the U.S. Senate, SJR 19, that's a watered-down version. It grants Congress and the states power to regulate campaign contributions, but it does not speak to the problem of granting human constitutional rights to entities that have existence only in the eyes of the law. The Senate bill is here: http://goo.gl/Nkvfkg Our nation's Founders unmistakably did not contemplate that corporations would have constitution
Paul Merrell

Jim Crow returns | Al Jazeera America - 0 views

projects.aljazeera.com/...index.html

voting-rights Interstate-Cross-Check voter-fraud-fraud civil-liberties

shared by Paul Merrell on 30 Oct 14 - No Cached
  • Election officials in 27 states, most of them Republicans, have launched a program that threatens a massive purge of voters from the rolls. Millions, especially black, Hispanic and Asian-American voters, are at risk. Already, tens of thousands have been removed in at least one battleground state, and the numbers are expected to climb, according to a six-month-long, nationwide investigation by Al Jazeera America. At the heart of this voter-roll scrub is the Interstate Crosscheck program, which has generated a master list of nearly 7 million names. Officials say that these names represent legions of fraudsters who are not only registered but have actually voted in two or more states in the same election — a felony punishable by 2 to 10 years in prison. Until now, state elections officials have refused to turn over their Crosscheck lists, some on grounds that these voters are subject to criminal investigation. Now, for the first time, three states — Georgia, Virginia and Washington — have released their lists to Al Jazeera America, providing a total of just over 2 million names.
  • The Crosscheck list of suspected double voters has been compiled by matching names from roughly 110 million voter records from participating states. Interstate Crosscheck is the pet project of Kansas’ controversial Republican secretary of state, Kris Kobach, known for his crusade against voter fraud. The three states’ lists are heavily weighted with names such as Jackson, Garcia, Patel and Kim — ones common among minorities, who vote overwhelmingly Democratic. Indeed, fully 1 in 7 African-Americans in those 27 states, plus the state of Washington (which enrolled in Crosscheck but has decided not to utilize the results), are listed as under suspicion of having voted twice. This also applies to 1 in 8 Asian-Americans and 1 in 8 Hispanic voters. White voters too — 1 in 11 — are at risk of having their names scrubbed from the voter rolls, though not as vulnerable as minorities.If even a fraction of those names are blocked from voting or purged from voter rolls, it could alter the outcome of next week’s electoral battle for control of the U.S. Senate — and perhaps prove decisive in the 2016 presidential vote count.
  • Based on the Crosscheck lists, officials have begun the process of removing names from the rolls — beginning with 41,637 in Virginia alone. Yet the criteria used for matching these double voters are disturbingly inadequate.
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  • In practice, all it takes to become a suspect is sharing a first and last name with a voter in another state. Typical “matches” identifying those who may have voted in both Georgia and Virginia include:Kevin Antonio Hayes of Durham, North Carolina, is a match for a man who voted in Alexandria, Virginia, as Kevin Thomas Hayes.John Paul Williams of Alexandria is supposedly the same man as John R. Williams of Atlanta, Georgia.Robert Dewey Cox of Marietta, Georgia is matched with Robert Glen Cox of Springfield, Virginia.
  • That was the sales pitch. But the actual lists show that not only are middle names commonly mismatched and suffix discrepancies ignored, even birthdates don’t seem to have been taken into account. Moreover, Crosscheck deliberately ignores Social Security mismatches, in the few instances when the numbers are even collected. The Crosscheck instructions for county election officers state, “Social Security numbers are included for verification; the numbers might or might not match.”
  • There are 6,951,484 names on the target list of the 28 states in the Crosscheck group; each of them represents a suspected double voter whose registration has now become subject to challenge and removal. According to a 2013 presentation by Kobach to the National Association of State Election Directors, the program is a highly sophisticated voter-fraud-detection system. The sample matches he showed his audience included the following criteria: first, last and middle name or initial; date of birth; suffixes; and Social Security number, or at least its last four digits.
  • Al Jazeera America visited these and several other potential double voters. John Paul Williams of Alexandria insists he has never used the alias “John R. Williams.” “I’ve never lived in Georgia,” he says.Jo Cox, wife of suspected double voter Robert Glen Cox of Virginia, says she has a solid alibi for him. Cox “is 85 years old and handicapped. He wasn’t in Georgia. Never voted there,” she says. He has also never used the middle name “Dewey.” Twenty-three percent of the names — nearly 1.6 million of them — lack matching middle names. “Jr.” and “Sr.” are ignored, potentially disenfranchising two generations in the same family. And, notably, of those who may have voted twice in the 2012 presidential election, 27 percent were listed as “inactive” voters, meaning that almost 1.9 million may not even have voted once in that race, according to Crosscheck’s own records.
  • Mark Swedlund is a specialist in list analytics whose clients have included eBay, AT&T and Nike. At Al Jazeera America’s request, he conducted a statistical review of Crosscheck’s three lists of suspected double voters. According to Swedlund, “It appears that Crosscheck does have inherent bias to over-selecting for potential scrutiny and purging voters from Asian, Hispanic and Black ethnic groups. In fact, the matching methodology, which presumes people in other states with the same name are matches, will always over-select from groups of people with common surnames.” Swedlund sums up the method for finding two-state voters — simply matching first and last name — as “ludicrous, just crazy.”
  • elen Butler is the executive director of Georgia’s Coalition for the Peoples’ Agenda, which conducts voter drives in minority communities. Any purge list that relies on name matches will contain a built-in racial bias against African-Americans, she says, because “We [African-Americans] took our slave owners’ names.” The search website PeopleSmart notes that 86,020 people in the United States have the name John Jackson. And according to the 2000 U.S. Census, which is the most recent data set, 53 percent of Jacksons are African-American.
  • In North Carolina, state officials have hired former FBI agent Charles W. “Chuck” Stuber, who played a major role in the campaign finance fraud case brought against former North Carolina Sen. John Edwards, to, in the words of their press release, “investigate cases of possible voter fraud identified by an interstate cross-check comparing election records from 28 states.”
  • But despite knowing the names and addresses of 192,207 supposed double voters in the state, Stuber has not nabbed a single one in his five months on the job. Josh Lawson, a spokesman for the board of elections, says, “This agency has made no determination as to which portion of these [lists] represent data error or voter fraud.” In fact, to date, Lawson admits that Stuber has found only errors and not one verified fraudulent voter.
Paul Merrell

Moon of Alabama - 0 views

www.moonofalabama.org

war & peace Syria U.S.-foreign-policy moderate-rebels military-defeat

shared by Paul Merrell on 03 Aug 15 - Cached
  • Over the last year the U.S. bombed Jabhat al-Nusra personal and facilities in Syria some five or six times. The al-Qaeda subgroup also has a history of attacking U.S. paid "relative moderate" proxy forces in Syria. The Pentagon recently inserted another U.S. mercenary group into north Syria. This was accompanied by a media campaign in which the administration lauded itself for the operation. The newly inserted group is especially trained and equipped to direct U.S. air attacks like those that earlier hit al-Nusra fighters. Now that freshly inserted group was attacked by Jabhat al-Nusra. Some of its members were killed and others were abducted. The Obama administration is shocked, SHOCKED, ABSOLUTELY SHOCKED that Jabhat al-Nusra would do such a ghastly deed. "Why would they do that?" "Who could have known that they would attack U.S. proxy forces???"
  • There is no longer an Jihadist ISIS or ISIL in Syria and Iraq. The people leading that entity declared (pdf) today, at the highly symbolic beginning of Ramadan, themselves to be a new caliphate:
  • Could someone explain to the fucking dimwits in the Pentagon and the Obama administrations that people everywhere, and especially terrorists group, hate it when you bomb them and kill their leaders? That those people you bomb might want to take revenge against you and your proxies? That people you bombed will not like your targeting team moving in next door to them? That alQaeda is not an "ally"? These people are too pathetically clueless to even be embarrassed about it. The accumulated intelligence quotient of the administration and Pentagon officials running the anti-Syria operation must be below three digits. But aside from their lack of basic intelligence the utter lack of simple "street smarts" is the real problem here. These people have no idea how life works outside of their beltway cages.
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  • On more thought from me on why the dimwits did not foresee that Nusra would attack. The White House insisted on calling a part of Nusra the "Khorasan group" and explained that it was only bombing this groups of alQaeda veterans now part of Nusra because the "Khorasan group" planning to hit in "western" countries. No expert nor anyone on the ground in Syria thought that this differentiation was meaningful. Nusra is alQaeda and so are all of its members. But the White House and Pentagon probably thought that Nusra would accept the artificial separation they themselves had made up. That Nusra would understand that it is seen as an "ally" and only the "Khorasan group" is seen as an enemy. If that was the line of thinking, and the situation seems to point to that, then these people have fallen for their own propaganda stunt. They probably believed that the "Khorasan group" was an accepted narrative because they were telling that tale to themselves. Poor idiots.
  • UPDATE: The one sane guy at the Council of Foreign relations, Micah Zenko, foresaw this debacle and wrote on March 2: [The U.S. trained mercenaries] will immediately be an attractive target for attacks by the Islamic State, Assad’s ground and air forces, and perhaps Nusra and other forces. Killing or taking prisoner fighters (or the families of those fighters) who were trained by the U.S. military will offer propaganda value, as well as leverage, to bargain for those prisoners’ release. He compared the whole operation to the 1961 CIA invasion of Cuba: Last September, the White House and Congress agreed to authorize and fund a train-and-equip project similar to the Bay of Pigs, but this time in the Middle East, without any discussion about phase two. The Syrian project resembles 1961 in two ways: What happens when the fighting starts is undecided, and the intended strategic objective is wholly implausible.
  • The attack on Friday was mounted by the Nusra Front, which is affiliated with Al Qaeda. It came a day after the Nusra Front captured two leaders and at least six fighters of Division 30, which supplied the first trainees to graduate from the Pentagon’s anti-Islamic State training program. In Washington, several current and former senior administration officials acknowledged that the attack and the abductions by the Nusra Front took American officials by surprise and amounted to a significant intelligence failure. While American military trainers had gone to great lengths to protect the initial group of trainees from attacks by Islamic State or Syrian Army forces, they did not anticipate an assault from the Nusra Front. In fact, officials said on Friday, they expected the Nusra Front to welcome Division 30 as an ally in its fight against the Islamic State....A senior Defense Department official acknowledged that the threat to the trainees and their Syrian recruiters had been misjudged, and said that officials were trying to understand why the Nusra Front had turned on the trainees. Like other Obama administration operations this one did not fail because of "intelligence failure" but because an utter lack of common sense.
  • U.S. media can no agree with itself if Russia is giving ISIS an airforce or if Russia pounds ISIS with the biggest bomber raid in decades. Such confusion occurs when propaganda fantasies collide with the observable reality. To bridge such divide requires some fudging. So when the U.S. claims to act against the finances of the Islamic State while not doing much, the U.S Public Broadcasting Service has to use footage of Russian airstrikes against the Islamic State while reporting claimed U.S. airstrike successes. The U.S. military recently claimed to have hit Islamic State oil tankers in Syria. This only after Putin embarrassed Obama at the G-20 meeting in Turkey. Putin showed satellite pictures of ridiculous long tanker lines waiting for days and weeks to load oil from the Islamic State without any U.S. interference.
  • The U.S. then claimed to have hit 116 oil tankers while the Russian air force claims to have hit 500. But there is an important difference between these claims. The Russians provided videos showing how their airstrikes hit at least two different very large oil tanker assemblies with hundreds of tankers in each. They also provided video of several hits on oil storage sites and refinery infrastructure. I have found no video of U.S. hits on Islamic State oil tanker assemblies. The U.S. PBS NewsHour did not find any either. In their TV report yesterday about Islamic State financing and the claimed U.S. hits on oil trucks they used the videos Russia provided without revealing the source. You can see the Russian videos played within an interview with a U.S. military spokesperson at 2:22 min.
  • The U.S. military spokesperson speaks on camera about U.S. airforce hits against the Islamic State. The video cuts to footage taken by Russian airplanes hitting oil tanks and then trucks. The voice-over while showing the Russian video with the Russians blowing up trucks says: "For the first time the U.S. is attacking oil delivery trucks." The video then cuts back to the U.S. military spokesperson. At no point is the Russian campaign mentioned or the source of the footage revealed. Any average viewer of the PBS report will assume that the black and white explosions of oil trucks and tanks are from of U.S. airstrikes filmed by U.S. air force planes. The U.S. military itself admitted that its strikes on IS oil infrastructure over the last year were "minimally effective". One wonders then how effective the claimed strike against 116 trucks really was. But unless we have U.S. video of such strikes and not copies of Russian strike video fraudulently passed off as U.S. strikes we will not know if those strikes happened at all.
  • The wannabe Sultan Erdogan did not get his will in Syria where he had planned to capture and annex Aleppo. The Russians prevented that. He now goes for his secondary target, Mosul in Iraq, which many Turks see as historic part of their country
  • Mosul, Iraq's second biggest city with about a million inhabitants, is currently occupied by the Islamic State. On Friday a column of some 1,200 Turkish soldiers with some 20 tanks and heavy artillery moved into a camp near Mosul. The camp was one of four small training areas where Turkey was training Kurds and some Sunni-Arab Iraqis to fight the Islamic State. The small camps in the northern Kurdish area have been there since the 1990s. They were first established to fight the PKK. Later their Turkish presence was justified as ceasefire monitors after an agreement ended the inner Kurdish war between the KDP forces loyal to the Barzani clan and the PUK forces of the Talabani clan. The bases were actually used to monitor movement of the PKK forces which fight for Kurdish independence in Turkey. The base near Mosul is new and it was claimed to be just a small weapons training base. But tanks and artillery have a very different quality than some basic AK-47 training. Turkey says it will increase the numbers in these camps to over 2000 soldiers.
  • Should Mosul be cleared of the Islamic State the Turkish heavy weapons will make it possible for Turkey to claim the city unless the Iraqi government will use all its power to fight that claim. Should the city stay in the hands of the Islamic State Turkey will make a deal with it and act as its protector. It will benefit from the oil around Mosul which will be transferred through north Iraq to Turkey and from there sold on the world markets. In short: This is an effort to seize Iraq's northern oil fields. That is the plan but it is a risky one. Turkey did not ask for permission to invade Iraq and did not inform the Iraqi government. The Turks claim that they were invited by the Kurds: Turkey will have a permanent military base in the Bashiqa region of Mosul as the Turkish forces in the region training the Peshmerga forces have been reinforced, Hürriyet reported. The deal regarding the base was signed between Kurdistan Regional Government (KRG) President Massoud Barzani and Turkish Foreign Minister Feridun Sinirlioğlu, during the latter’s visit to northern Iraq on Nov. 4. There are two problems with this. First: Massoud Barzani is no longer president of the KRG. His mandate ran out and the parliament refused to prolong it. Second: Mosul and its Bashiqa area are not part of the KRG. Barzani making a deal about it is like him making a deal about Paris.
  • The Iraqi government and all major Iraqi parties see the Turkish invasion as a hostile act against their country. Abadi demanded the immediate withdrawal of the Turkish forces but it is unlikely that Turkey will act on that. Some Iraqi politicians have called for the immediate dispatch of the Iraqi air force to bomb the Turks near Mosul. That would probably the best solution right now but the U.S. installed Premier Abadi is too timid to go for such strikes. The thinking in Baghdad is that Turkey can be kicked out after the Islamic State is defeated. But this thinking gives Turkey only more reason to keep the Islamic State alive and use it for its own purpose. The cancer should be routed now as it is still small. Barzani's Kurdistan is so broke that is has even confiscated foreign bank accounts to pay some bills. That may be the reason why Barzani agreed to the deal now. But the roots run deeper. Barzani is illegally selling oil that belongs to the Iraqi government to Turkey. The Barzani family occupies  not only the presidential office in the KRG but also the prime minister position and the local secret services. It is running the oil business and gets a big share of everything else. On the Turkish side the oil deal is handled within the family of President Erdogan. His son in law, now energy minister, had the exclusive right to transport the Kurdish oil through Turkey. Erdogan's son controls the shipping company that transports the oil over sea to the customer, most often Israel. The oil under the control of the Islamic State in Iraq passes the exactly same route. These are businesses that generate hundreds of millions per year.
  • It is unlikely that U.S., if it is not behinds Turkey new escapade, will do anything about it. The best Iraq could do now is to ask the Russians for their active military support. The Turks insisted on their sovereignty when they ambushed a Russian jet that brushed its border but had no intend of harming Turkey. Iraq should likewise insist on its sovereignty, ask Russia for help and immediately kick the Turks out. The longer it waits the bigger the risk that Turkey will eventually own Mosul.
  • Another fake news item currently circling is that Trump has given order to the military to create safe zones for Syria. The reality is still far from it: [H]is administration crafted a draft order that would direct the Pentagon and the State Department to submit plans for the safe zones within 90 days. The order hasn't yet been issued. The draft of the order, which will be endlessly revised, says that safe zones could be in Syria or in neighboring countries. The Pentagon has always argued against such zones in Syria and the plans it will submit, should such an order be issued at all, will reflect that. The safe zones in Syria ain't gonna happen
  • Paul Merrell on 03 Aug 15
     
    So the first group of U.S. trained "moderate" Syrian opposition fighters are an epic fail. Who'd of thunk? 
Paul Merrell

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

firstlook.org/...ort-condemns-mass-surveillance

surveillance state UN-report digital-privacy

shared by Paul Merrell on 16 Oct 14 - No Cached
  • The United Nations’ top official for counter-terrorism and human rights (known as the “Special Rapporteur”) issued a formal report to the U.N. General Assembly today that condemns mass electronic surveillance as a clear violation of core privacy rights guaranteed by multiple treaties and conventions. “The hard truth is that the use of mass surveillance technology effectively does away with the right to privacy of communications on the Internet altogether,” the report concluded. Central to the Rapporteur’s findings is the distinction between “targeted surveillance” — which “depend[s] upon the existence of prior suspicion of the targeted individual or organization” — and “mass surveillance,” whereby “states with high levels of Internet penetration can [] gain access to the telephone and e-mail content of an effectively unlimited number of users and maintain an overview of Internet activity associated with particular websites.” In a system of “mass surveillance,” the report explained, “all of this is possible without any prior suspicion related to a specific individual or organization. The communications of literally every Internet user are potentially open for inspection by intelligence and law enforcement agencies in the States concerned.”
  • Mass surveillance thus “amounts to a systematic interference with the right to respect for the privacy of communications,” it declared. As a result, “it is incompatible with existing concepts of privacy for States to collect all communications or metadata all the time indiscriminately.” In concluding that mass surveillance impinges core privacy rights, the report was primarily focused on the International Covenant on Civil and Political Rights, a treaty enacted by the General Assembly in 1966, to which all of the members of the “Five Eyes” alliance are signatories. The U.S. ratified the treaty in 1992, albeit with various reservations that allowed for the continuation of the death penalty and which rendered its domestic law supreme. With the exception of the U.S.’s Persian Gulf allies (Saudi Arabia, UAE and Qatar), virtually every major country has signed the treaty. Article 17 of the Covenant guarantees the right of privacy, the defining protection of which, the report explained, is “that individuals have the right to share information and ideas with one another without interference by the State, secure in the knowledge that their communication will reach and be read by the intended recipients alone.”
  • The report’s key conclusion is that this core right is impinged by mass surveillance programs: “Bulk access technology is indiscriminately corrosive of online privacy and impinges on the very essence of the right guaranteed by article 17. In the absence of a formal derogation from States’ obligations under the Covenant, these programs pose a direct and ongoing challenge to an established norm of international law.” The report recognized that protecting citizens from terrorism attacks is a vital duty of every state, and that the right of privacy is not absolute, as it can be compromised when doing so is “necessary” to serve “compelling” purposes. It noted: “There may be a compelling counter-terrorism justification for the radical re-evaluation of Internet privacy rights that these practices necessitate. ” But the report was adamant that no such justifications have ever been demonstrated by any member state using mass surveillance: “The States engaging in mass surveillance have so far failed to provide a detailed and evidence-based public justification for its necessity, and almost no States have enacted explicit domestic legislation to authorize its use.”
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  • Instead, explained the Rapporteur, states have relied on vague claims whose validity cannot be assessed because of the secrecy behind which these programs are hidden: “The arguments in favor of a complete abrogation of the right to privacy on the Internet have not been made publicly by the States concerned or subjected to informed scrutiny and debate.” About the ongoing secrecy surrounding the programs, the report explained that “states deploying this technology retain a monopoly of information about its impact,” which is “a form of conceptual censorship … that precludes informed debate.” A June report from the High Commissioner for Human Rights similarly noted “the disturbing lack of governmental transparency associated with surveillance policies, laws and practices, which hinders any effort to assess their coherence with international human rights law and to ensure accountability.” The rejection of the “terrorism” justification for mass surveillance as devoid of evidence echoes virtually every other formal investigation into these programs. A federal judge last December found that the U.S. Government was unable to “cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack.” Later that month, President Obama’s own Review Group on Intelligence and Communications Technologies concluded that mass surveillance “was not essential to preventing attacks” and information used to detect plots “could readily have been obtained in a timely manner using conventional [court] orders.”
  • Three Democratic Senators on the Senate Intelligence Committee wrote in The New York Times that “the usefulness of the bulk collection program has been greatly exaggerated” and “we have yet to see any proof that it provides real, unique value in protecting national security.” A study by the centrist New America Foundation found that mass metadata collection “has had no discernible impact on preventing acts of terrorism” and, where plots were disrupted, “traditional law enforcement and investigative methods provided the tip or evidence to initiate the case.” It labeled the NSA’s claims to the contrary as “overblown and even misleading.” While worthless in counter-terrorism policies, the UN report warned that allowing mass surveillance to persist with no transparency creates “an ever present danger of ‘purpose creep,’ by which measures justified on counter-terrorism grounds are made available for use by public authorities for much less weighty public interest purposes.” Citing the UK as one example, the report warned that, already, “a wide range of public bodies have access to communications data, for a wide variety of purposes, often without judicial authorization or meaningful independent oversight.”
  • The report was most scathing in its rejection of a key argument often made by American defenders of the NSA: that mass surveillance is justified because Americans are given special protections (the requirement of a FISA court order for targeted surveillance) which non-Americans (95% of the world) do not enjoy. Not only does this scheme fail to render mass surveillance legal, but it itself constitutes a separate violation of international treaties (emphasis added): The Special Rapporteur concurs with the High Commissioner for Human Rights that where States penetrate infrastructure located outside their territorial jurisdiction, they remain bound by their obligations under the Covenant. Moreover, article 26 of the Covenant prohibits discrimination on grounds of, inter alia, nationality and citizenship. The Special Rapporteur thus considers that States are legally obliged to afford the same privacy protection for nationals and non-nationals and for those within and outside their jurisdiction. Asymmetrical privacy protection regimes are a clear violation of the requirements of the Covenant.
  • That principle — that the right of internet privacy belongs to all individuals, not just Americans — was invoked by NSA whistleblower Edward Snowden when he explained in a June, 2013 interview at The Guardian why he disclosed documents showing global surveillance rather than just the surveillance of Americans: “More fundamentally, the ‘US Persons’ protection in general is a distraction from the power and danger of this system. Suspicionless surveillance does not become okay simply because it’s only victimizing 95% of the world instead of 100%.” The U.N. Rapporteur was clear that these systematic privacy violations are the result of a union between governments and tech corporations: “States increasingly rely on the private sector to facilitate digital surveillance. This is not confined to the enactment of mandatory data retention legislation. Corporates [sic] have also been directly complicit in operationalizing bulk access technology through the design of communications infrastructure that facilitates mass surveillance. ”
  • The latest finding adds to the growing number of international formal rulings that the mass surveillance programs of the U.S. and its partners are illegal. In January, the European parliament’s civil liberties committee condemned such programs in “the strongest possible terms.” In April, the European Court of Justice ruled that European legislation on data retention contravened EU privacy rights. A top secret memo from the GCHQ, published last year by The Guardian, explicitly stated that one key reason for concealing these programs was fear of a “damaging public debate” and specifically “legal challenges against the current regime.” The report ended with a call for far greater transparency along with new protections for privacy in the digital age. Continuation of the status quo, it warned, imposes “a risk that systematic interference with the security of digital communications will continue to proliferate without any serious consideration being given to the implications of the wholesale abandonment of the right to online privacy.” The urgency of these reforms is underscored, explained the Rapporteur, by a conclusion of the United States Privacy and Civil Liberties Oversight Board that “permitting the government to routinely collect the calling records of the entire nation fundamentally shifts the balance of power between the state and its citizens.”
Paul Merrell

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

www2.gwu.edu/...20150318

Hillary Auction 2016 email-scandal State-Dept. gov't.-CIOs

shared by Paul Merrell on 19 Mar 15 - No Cached
  • 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.
  • Paul Merrell on 19 Mar 15
     
    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.   
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