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Paul Merrell

How the FBI Created a Terrorist - The Intercept - 0 views

firstlook.org/...howthefbicreatedaterrorist

war & peace war on terror™ FBI entrapment leaked-docs litigation surveillance state Feinstein

shared by Paul Merrell on 17 Mar 15 - No Cached
  • Informant-led sting operations are central to the FBI’s counterterrorism program. Of 508 defendants prosecuted in federal terrorism-related cases in the decade after 9/11, 243 were involved with an FBI informant, while 158 were the targets of sting operations. Of those cases, an informant or FBI undercover operative led 49 defendants in their terrorism plots, similar to the way Osmakac was led in his. In these cases, the FBI says paid informants and undercover agents are foiling attacks before they occur. But the evidence suggests — and a recent Human Rights Watch report on the subject illustrates — that the FBI isn’t always nabbing would-be terrorists so much as setting up mentally ill or economically desperate people to commit crimes they could never have accomplished on their own.
  • At least in Osmakac’s case, FBI agents seem to agree with that criticism, though they never intended for that admission to become public. In the Osmakac sting, the undercover FBI agent went by the pseudonym “Amir Jones.” He’s the guy behind the camera in Osmakac’s martyrdom video. Amir, posing as a dealer who could provide weapons, wore a hidden recording device throughout the sting. The device picked up conversations, including, apparently, back at the FBI’s Tampa Field Office, a gated compound beneath the flight path of Tampa International Airport, among agents and employees who assumed their words were private and protected. These unintentional recordings offer an exclusive look inside an FBI counterterrorism sting, and suggest that, even in the eyes of the FBI agents involved, these sting targets aren’t always the threatening figures they are made out to be.
  • OW OSMAKAC CAME to the attention of law enforcement in the first place is still unclear. In a December 2012 Senate floor speech, Dianne Feinstein, chairwoman of the Senate Intelligence Committee, cited Osmakac’s case as one of nine that demonstrated the effectiveness of surveillance under the FISA Amendments Act. Senate legal counsel later walked back those comments, saying they were misconstrued. Osmakac is among terrorism defendants who were subjected to some sort of FISA surveillance, according to court records, but whether he was under individual surveillance or identified through bulk collection is unknown. Discovery material referenced in a defense motion included a surveillance log coversheet with the description, “CT-GLOBAL EXTREMIST INSPIRED.” If he first came onto the FBI’s radar as a result of eavesdropping, then it’s plausible that as part of the sting, the FBI manufactured another explanation for his targeting. This is a long-running, if controversial process known as “parallel construction,” which has also been used by the U.S. Drug Enforcement Administration when drug offenders are identified through bulk collection and then prosecuted for drug crimes. In court records, the FBI maintained that Osmakac came to agents’ attention through Dabus. The informant reached out to the FBI after meeting Osmakac, and soon offered him a job at Java Village.
  • Paul Merrell on 17 Mar 15
     
    A judge denied the defense access to FBI transcripts of conversations among agents on grounds that they would provide no assistance to the defense beyond what was available to the defense by discovery. He also entered a protective order barring their disclosure. The defendant was found guilty and sentenced to 40 years in prison.  But the FBI transcripts were leaked to The Intercept, apparently by someone inside the Dept. of Justice or the judicial system, since the defense never was provided with them. The transcripts along with evidence from the case and gathered through interviews provide a chilling look into the methods the FBI uses to manufacture "terrorists" for prosecution and conviction (in this case victimizing a young Muslim American with a severe mental illness), obviously only for propaganda and to justify its counter-terrorism budget. This is an area that needs Congressional attention. The courts' protections from entrapment are far too lax, particularly when members of a particular religion are being targeted for political reasons and anti-Muslim hysteria is sweeping the land. The government should not be permitted to manufacture criminals.
Paul Merrell

Trump conducts his own sting operation to ensnare intelligence briefers | Daily Mail On... - 0 views

www.dailymail.co.uk/...efers-says-caught-leaking.html

Trump intelligence-agencies sting

shared by Paul Merrell on 13 Jan 17 - No Cached
  • President-elect Donald Trump, after growing suspicious that intelligence officials were leaking news about their classified briefings with him, says he conducted a sting operation to try to prove top spies were behind the leaks.Trump revealed the extraordinary scheme to try to entrap the senior spies in a furious press conference where he suggested the intelligence community had been behind salacious and totally unproven allegations against him.‘I think it’s pretty sad when intelligence reports get leaked out to the press. First of all, it’s illegal. These are classified and certified meetings and reports,’ Trump said during a press conference at Trump Tower – his first since getting elected.Then he revealed the details of the stealthy sting he says he conducted on the nation’s senior spooks.‘I’ll tell you what does happen. I have many meetings with intelligence. And every time I meet, people are reading about it,' Trump complained, possibly referencing reports on his classified briefings, which he has chosen not to receive daily.
  • 'Somebody’s leaking them out,’ Trump said, after inveighing against leaks generally.‘So I said, "Maybe it’s my office. Maybe my office." Because I’ve got a lot of people … Maybe it’s them?’‘What I did, is I said I won’t tell anyone. I’m going to have a meeting, and I won’t tell anybody about my meeting with intelligence,’ Trump continued.He even shielded one of his closest aides from word of the meeting. ‘Nobody knew – not even Rhona, my executive assistant for years. She didn’t know – I didn’t tell her. Nobody knew,’ Trump continued – drawing laughter from collected family members and staff.Having set the trap, Trump says the word leaked anyway.‘The meeting was held. They left, and immediately the word got out that I had a meeting. So, I don’t want that. It’s very unfair to the country. It’s very unfair to our country what’s happening,’ he said.
Paul Merrell

The Informants | Mother Jones - 0 views

www.motherjones.com/...fbi-terrorist-informants

war & peace FBI sting-operations anti-terrorism enrapment

shared by Paul Merrell on 20 Apr 14 - No Cached
  • Over the past year, Mother Jones and the Investigative Reporting Program at the University of California-Berkeley have examined prosecutions of 508 defendants in terrorism-related cases, as defined by the Department of Justice. Our investigation found: Nearly half the prosecutions involved the use of informants, many of them incentivized by money (operatives can be paid as much as $100,000 per assignment) or the need to work off criminal or immigration violations. (For more on the details of those 508 cases, see our charts page and searchable database.)
  • Sting operations resulted in prosecutions against 158 defendants. Of that total, 49 defendants participated in plots led by an agent provocateur—an FBI operative instigating terrorist action. With three exceptions, all of the high-profile domestic terror plots of the last decade were actually FBI stings. (The exceptions are Najibullah Zazi, who came close to bombing the New York City subway system in September 2009; Hesham Mohamed Hadayet, an Egyptian who opened fire on the El-Al ticket counter at the Los Angeles airport; and failed Times Square bomber Faisal Shahzad.) In many sting cases, key encounters between the informant and the target were not recorded—making it hard for defendants claiming entrapment to prove their case. Terrorism-related charges are so difficult to beat in court, even when the evidence is thin, that defendants often don't risk a trial.
  • "The problem with the cases we're talking about is that defendants would not have done anything if not kicked in the ass by government agents," says Martin Stolar, a lawyer who represented a man caught in a 2004 sting involving New York's Herald Square subway station. "They're creating crimes to solve crimes so they can claim a victory in the war on terror."
Paul Merrell

FBI Celebrates Duping Another Mentally Ill Man Into Fake Terror Plot - 0 views

thenewamerican.com/...-ill-man-into-fake-terror-plot

war on terror™ FBI terrorists™ entrapment sting-operations

shared by Paul Merrell on 16 Feb 13 - No Cached
  • Following a series of similar widely ridiculed so-called “sting” operations, the Federal Bureau of Investigation announced last week that it had foiled yet another “terror plot” that, like virtually every supposed “terrorist” case in recent years, was created and managed from start to finish by the FBI itself. This time, the dupe was a 28-year-old California man, Matthew Aaron Llaneza, with a documented history of mental illness, who apparently believed his government handlers were helping him wage “jihad.” Critics, however, say the whole scheme smacks of entrapment and a waste of taxpayer money. Llaneza was arrested by federal agents on February 7 in Oakland after he supposedly tried to blow up a bogus bomb the FBI helped him create. According to authorities, the mentally ill San Jose suspect planned to detonate the fake explosives outside a Bank of America branch. The alleged plan, officials said, was to start a “civil war” by making it appear as if the attack had been carried out by “anti-government militias,” sparking a crackdown by the government on right-of-center dissidents.       “Unbeknownst to Llaneza, the explosive device that he allegedly attempted to use had been rendered inoperable by law enforcement and posed no threat to the public,” the FBI admitted in a press release celebrating the arrest of its mentally unstable stooge. The man was charged in a criminal complaint with “attempted use of a weapon of mass destruction against property used in an activity that affects interstate or foreign commerce.” If convicted, he could face life in prison.
  • According to the government’s court filings, the mentally ill man met with an undercover FBI agent late last year under mysterious circumstances. The federal official somehow managed to convince the naïve dupe that he was connected to the “Taliban and the mujahidin in Afghanistan” — Islamist forces that were originally armed and trained by the U.S. government before becoming official enemies. From there, federal handlers worked with the man to develop the half-baked plot and the fake bomb to blow something up.  
  • Paul Merrell on 16 Feb 13
     
    The trend continues. Still no Terrorist™ criminal charges brought against anyone by the FBI other than alleged 9/11 participants that the FBI did not incite to commit an act of Terrorism™; i.e., no real Terrorist™ threat resulting in criminal charges. Hard to justify continuation of all that funding the FBI gets for chasing domestic Terrorists™ if there aren't any, so the FBI continues to manufacture them in sting operations. Not to mention that the whole War on Terror™ government propaganda campaign would fall apart and the TSA would have to stop forcing air passengers to choose between being groped or viewed naked in those nifty body scanners. Heaven forbid that we might begin restoring civil rights and spending those trillions of dollars on the War on Terror™. No! No! We must maintain Cold War military spending as a percentage of GDP or we'd be flooded with unemployed military veterans and former government contractor workers. We only start wars to defend the U.S., not to enrich military contractors, seize natural resources from those that own or control them, enable the banksters to siphon more from a bigger bucket, or  expand the Globalist Empire. We are America! We are the good guys. Our motives for waging the War on Terror™ are entirely altruistic. Ditto for our professional politicians.   Not.     
Paul Merrell

Government agents 'directly involved' in most high-profile US terror plots | World news... - 0 views

www.theguardian.com/...nvolved-us-terror-plots-report

surveillance state FBI stings terrorists™

shared by Paul Merrell on 23 Jul 14 - No Cached
  • Nearly all of the highest-profile domestic terrorism plots in the United States since 9/11 featured the "direct involvement" of government agents or informants, a new report says.Some of the controversial "sting" operations "were proposed or led by informants", bordering on entrapment by law enforcement. Yet the courtroom obstacles to proving entrapment are significant, one of the reasons the stings persist. The lengthy report, released on Monday by Human Rights Watch, raises questions about the US criminal justice system's ability to respect civil rights and due process in post-9/11 terrorism cases. It portrays a system that features not just the sting operations but secret evidence, anonymous juries, extensive pretrial detentions and convictions significantly removed from actual plots.
Paul Merrell

Latest FBI Claim of Disrupted Terror Plot Deserves Much Scrutiny and Skepticism - The I... - 0 views

firstlook.org/...t-deserves-scrutiny-skepticism

war & peace terrorists™ FBI budget entrapment false-flag politics-of-fear

shared by Paul Merrell on 17 Jan 15 - No Cached
  • The Justice Department on Wednesday issued a press release trumpeting its latest success in disrupting a domestic terrorism plot, announcing that “the Joint Terrorism Task Force has arrested a Cincinnati-area man for a plot to attack the U.S. Capitol and kill government officials.” The alleged would-be terrorist is 20-year-old Christopher Cornell (above), who is unemployed, lives at home, spends most of his time playing video games in his bedroom, still addresses his mother as “Mommy” and regards his cat as his best friend; he was described as “a typical student” and “quiet but not overly reserved” by the principal of the local high school he graduated in 2012.
  • The DOJ’s press release predictably generated an avalanche of scary media headlines hailing the FBI. CNN: “FBI says plot to attack U.S. Capitol was ready to go.” MSNBC: “US terror plot foiled by FBI arrest of Ohio man.” Wall St. Journal: “Ohio Man Charged With Plotting ISIS-Inspired Attack on U.S. Capitol.”
  • Just as predictably, political officials instantly exploited the news to justify their powers of domestic surveillance. House Speaker John Boehner claimed yesterday that “the National Security Agency’s snooping powers helped stop a plot to attack the Capitol and that his colleagues need to keep that in mind as they debate whether to renew the law that allows the government to collect bulk information from its citizens.” He warned: “We live in a dangerous country, and we get reminded every week of the dangers that are out there.”  The known facts from this latest case seem to fit well within a now-familiar FBI pattern whereby the agency does not disrupt planned domestic terror attacks but rather creates them, then publicly praises itself for stopping its own plots.
  • ...2 more annotations...
  • First, they target a Muslim: not due to any evidence of intent or capability to engage in terrorism, but rather for the “radical” political views he expresses. In most cases, the Muslim targeted by the FBI is a very young (late teens, early 20s), adrift, unemployed loner who has shown no signs of mastering basic life functions, let alone carrying out a serious terror attack, and has no known involvement with actual terrorist groups. They then find another Muslim who is highly motivated to help disrupt a “terror plot”: either because they’re being paid substantial sums of money by the FBI or because (as appears to be the case here) they are charged with some unrelated crime and are desperate to please the FBI in exchange for leniency (or both). The FBI then gives the informant a detailed attack plan, and sometimes even the money and other instruments to carry it out, and the informant then shares all of that with the target. Typically, the informant also induces, lures, cajoles, and persuades the target to agree to carry out the FBI-designed plot. In some instances where the target refuses to go along, they have their informant offer huge cash inducements to the impoverished target. Once they finally get the target to agree, the FBI swoops in at the last minute, arrests the target, issues a press release praising themselves for disrupting a dangerous attack (which it conceived of, funded, and recruited the operatives for), and the DOJ and federal judges send their target to prison for years or even decades (where they are kept in special GITMO-like units). Subservient U.S. courts uphold the charges by applying such a broad and permissive interpretation of “entrapment” that it could almost never be successfully invoked. As AP noted last night, “defense arguments have repeatedly failed with judges, and the stings have led to many convictions.”
  • There are countless similar cases where the FBI triumphantly disrupts its own plots, causing people to be imprisoned as terrorists who would not and could not have acted on their own. Trevor Aaronson has comprehensively covered what amounts to the FBI’s own domestic terror network, and has reported that “nearly half [of all DOJ terrorism] prosecutions involved the use of informants, many of them incentivized by money (operatives can be paid as much as $100,000 per assignment) or the need to work off criminal or immigration violation.” He documents “49 [terrorism] defendants [who] participated in plots led by an agent provocateur—an FBI operative instigating terrorist action.” In 2012, Petra Bartosiewicz in The Nation reviewed the post-9/11 body of terrorism cases and concluded: Nearly every major post-9/11 terrorism-related prosecution has involved a sting operation, at the center of which is a government informant. In these cases, the informants — who work for money or are seeking leniency on criminal charges of their own — have crossed the line from merely observing potential criminal behavior to encouraging and assisting people to participate in plots that are largely scripted by the FBI itself. Under the FBI’s guiding hand, the informants provide the weapons, suggest the targets and even initiate the inflammatory political rhetoric that later elevates the charges to the level of terrorism.
Paul Merrell

Planting False Evidence on Iran | Consortiumnews - 0 views

consortiumnews.com/...lanting-false-evidence-on-iran

war & peace Iranian-nukes-myth Laptop-of-Death CIA-sting forged-intelligence Sterling litigation

shared by Paul Merrell on 16 Mar 15 - No Cached
  • A month after former CIA officer Jeffrey Sterling was convicted on nine felony counts with circumstantial metadata, the zealous prosecution is now having potentially major consequences — casting doubt on the credibility of claims by the U.S. government that Iran has work on a nuclear weapons program.With negotiations between Iran and the United States at a pivotal stage, fallout from the trial’s revelations about the CIA’s Operation Merlin is likely to cause the International Atomic Energy Agency to re-examine U.S. assertions that Iran has pursued nuclear weapons.
  • In its zeal to prosecute Sterling for allegedly leaking classified information about Operation Merlin — which provided flawed nuclear weapon design information to Iran in 2000 — the U.S. government has damaged its own standing with the IAEA. The trial made public a treasure trove of information about the Merlin operation.Last week Bloomberg News reported from Vienna, where IAEA is headquartered, that the agency “will probably review intelligence they received about Iran as a result of the revelations, said the two diplomats who are familiar with the IAEA’s Iran file and asked not to be named because the details are confidential.”The Bloomberg dispatch, which matter-of-factly referred to Merlin as a “sting” operation, quoted a former British envoy to the IAEA, Peter Jenkins, saying: “This story suggests a possibility that hostile intelligence agencies could decide to plant a ‘smoking gun’ in Iran for the IAEA to find. That looks like a big problem.”
  • Investigative journalist Marcy Wheeler, my colleague at ExposeFacts, has written an extensive analysis of the latest developments. The article on her EmptyWheel blog raises key questions beginning with the headline “What Was the CIA Really Doing with Merlin by 2003?”An emerging big irony of United States of America v. Jeffrey Alexander Sterling is that the government has harmed itself in the process of gunning for the defendant. While the prosecution used innuendos and weak circumstantial evidence to obtain guilty verdicts on multiple felonies, the trial produced no actual evidence that Sterling leaked classified information. But the trial did provide abundant evidence that the U.S. government’s nuclear-related claims about Iran should not be trusted.In the courtroom, one CIA witness after another described Operation Merlin as a vitally important program requiring strict secrecy. Yet the government revealed a great deal of information about Operation Merlin during the trial — including CIA documents that showed the U.S. government to be committed to deception about the Iranian nuclear program.
  • ...1 more annotation...
  • If, as a result, the International Atomic Energy Agency concludes that U.S. assertions about an alleged Iranian nuclear weapons program lack credibility, top officials in Washington will have themselves to blame.
Paul Merrell

Chicago federal court case raises questions about NSA surveillance - The Washington Post - 0 views

www.washingtonpost.com/...2-9df4-895344c13c30_print.html

surveillance state NSA FISA constitutional law

shared by Paul Merrell on 30 Jun 13 - No Cached
  • Four days before a sweeping government surveillance law was set to expire last year, Sen. Dianne Feinstein, the chairman of the chamber’s Intelligence Committee, took to the Senate floor. She touted the law’s value by listing some of the terrorist attacks it had helped thwart, including “a plot to bomb a downtown Chicago bar” that fall. “So I believe the FISA Amendments Act is important,” the California Democrat said before a vote to extend the 2008 law, “and these cases show the program has worked.”Today, however, the government is refusing to say whether that law was used to develop evidence to charge Adel Daoud, a 19-year-old Chicago man accused of the bomb plot.And Daoud’s lawyers said in a motion filed Friday that the reason is simple. The government, they said, wants to avoid a constitutional challenge to the law, which governs a National Security Agency surveillance program that has once again become the focus of national debate over its reach into Americans’ private communications.“Whenever it is good for the government to brag about its success, it speaks loudly and publicly,” lawyers Thomas Durkin and Joshua Herman wrote in their motion. “When a criminal defendant’s constitutional rights are at stake, however, it quickly and unequivocally clams up under the guise of State Secrets.”
  • Four days before a sweeping government surveillance law was set to expire last year, Sen. Dianne Feinstein, the chairman of the chamber’s Intelligence Committee, took to the Senate floor. She touted the law’s value by listing some of the terrorist attacks it had helped thwart, including “a plot to bomb a downtown Chicago bar” that fall. “So I believe the FISA Amendments Act is important,” the California Democrat said before a vote to extend the 2008 law, “and these cases show the program has worked.”Today, however, the government is refusing to say whether that law was used to develop evidence to charge Adel Daoud, a 19-year-old Chicago man accused of the bomb plot.And Daoud’s lawyers said in a motion filed Friday that the reason is simple. The government, they said, wants to avoid a constitutional challenge to the law, which governs a National Security Agency surveillance program that has once again become the focus of national debate over its reach into Americans’ private communications.“Whenever it is good for the government to brag about its success, it speaks loudly and publicly,” lawyers Thomas Durkin and Joshua Herman wrote in their motion. “When a criminal defendant’s constitutional rights are at stake, however, it quickly and unequivocally clams up under the guise of State Secrets.”
  • If the government acknowledged that it had used evidence derived from the FISA Amendments Act, Daoud would have standing to challenge the law’s constitutionality. Specifically, Daoud’s lawyers would be able to take on a provision known as Section 702. The law permits the interception of foreign targets’ ­e-mails and phone calls without an individual warrant, including when the foreigners are in communication with Americans or legal residents.The U.S. Supreme Court in February rejected a constitutional challenge to Section 702 by a group of journalists, lawyers and human rights advocates, saying they had no standing to sue because they had not proved that their communications had been intercepted.But the court also said that if the government intends to use information derived from the Section 702 surveillance in a prosecution “it must provide advance notice of its intent,” and a defendant may challenge the lawfulness of the surveillance. The government assured the court that it would give such notice to criminal defendants.In a filing this month in Chicago, U.S. Attorney Gary S. Shapiro refused to say whether the evidence was obtained under Section 702. Instead, he said, the government told Daoud the evidence was acquired pursuant to a traditional FISA court order, rather than under the expanded surveillance program authorized in 2008. A traditional order requires the government to go to a FISA judge and show probable cause that the target is an agent of a foreign power.Daoud’s attorneys say in their pleading that the government is being disingenuous. “We believe it is clear that the evidence . . . came from Section 702,” Durkin said in an interview. “Either Senator Feinstein’s information was correct in December 2012, or she was given wrong information. The government has never disputed what she said.”
  • ...1 more annotation...
  • “The most troubling part of the case is the government seems to be trying to hide the ball,” said Alex Abdo, a staff attorney for the American Civil Liberties Union, which argued the Supreme Court case on behalf of the journalists, lawyers and activists. “They told the Supreme Court not to worry about reviewing the FISA Amendments Act because it would get reviewed in a criminal case. They said if they used the evidence in a criminal case, they’d give notice. Now they’re telling criminal defendants they don’t have to tell them. It’s a game of three-card monte with the privacy rights of millions of Americans.”Abdo said the original FISA statute, passed in 1978, requires the government to notify defendants when evidence being used against them is derived from surveillance authorized by the law. The court, he said, should require the government to abide by the law. “Otherwise,” he said, “the most sweeping surveillance program ever enacted by Congress will never be reviewed in public by a court.”Similarly, Stephen I. Vladeck, a law professor at American University, said, “Everyone knows the role that Section 702 is playing in a case like this.” But, he said, “thanks in part to the Supreme Court, the government can use Section 702 and then never have to defend its constitutionality.”
  • Paul Merrell on 30 Jun 13
     
    Another "sting" type prosecution where the FBI enticed a defendant to perform a terrorist act. But now a direct challenge to government refusal to disclose whether the email that triggered the government's interest in the defendant was unconstitutionally obtained. If so, long established criminal procedure would require that the email and all evidence discovered because of it would have to be excluded from trial unless the government could meet once of the narrow exceptions.    
Paul Merrell

Spies Among Us: How Community Outreach Programs to Muslims Blur Lines between Outreach ... - 0 views

firstlook.org/...ur-lines-outreach-intelligence

surveillance state FBI community-outreach-funding intelligence-front terrorists™

shared by Paul Merrell on 23 Jan 15 - No Cached
  • ast May, after getting a ride to school with his dad, 18-year-old Abdullahi Yusuf absconded to the Minneapolis-St. Paul airport to board a flight to Turkey. There, FBI agents stopped Yusuf and later charged him with conspiracy to provide material support to a foreign terrorist organization—he was allegedly associated with another Minnesota man believed to have gone to fight for the Islamic State in Syria. To keep other youth from following Yusuf’s path, U.S. Attorney Andrew Luger recently said that the federal government would be launching a new initiative to work with Islamic community groups and promote after-school programs and job training–to address the “root causes” of extremist groups’ appeal. “This is not about gathering intelligence, it’s not about expanding surveillance or any of the things that some people want to claim it is,” Luger said. Luger’s comments spoke to the concerns of civil liberties advocates, who believe that blurring the line between engagement and intelligence gathering could end up with the monitoring of innocent individuals. If past programs in this area are any guide, those concerns are well founded.
  • Documents obtained by attorneys at the Brennan Center for Justice at New York University School of Law, and shared with the Intercept, show that previous community outreach efforts in Minnesota–launched in 2009 in response to the threat of young Americans joining the al-Qaeda-linked militia al-Shabab, in Somalia—were, in fact, conceived to gather intelligence.
  • Paul Merrell on 23 Jan 15
     
    Feed Bag, Inc. targeting Muslims in the name of battling terrorists™. Heads should roll for this but they won't. Cluestick: the root cause of Islamic "terrorism" in the U.S. has proven, over the years, to mostly be attributable to the FBI and its sting operations that walk the fine legal line of entrapment. What to do when you're showered with billions of dollars to catch terrorists in the U.S. and you can't find any? Send the money back and say "we don't need this?" Or go out and invent some terrorists by persuading young and dumb Muslims to prepare to commit an act of terrorism, then swoop in and arrest them before their "attack" happens, then advertise that you've saved the U.S. from another terrorist attack? I bet that approach would be just as effective with young and dumb white Christians too.  But no need, young and dumb white Christians never commit acts of terr .... er, ulp! https://en.wikipedia.org/wiki/Timothy_McVeigh
Gary Edwards

America's Terrorism Fear Factory Rolls On | The National Interest - 0 views

nationalinterest.org/...orism-fear-factory-rolls-12054

terrorism

shared by Gary Edwards on 23 Jan 15 - No Cached
  • n her review of Risen’s book in the New York Times, Louise Richardson lauds his criticism of “the profligacy of government agencies and the ‘over-sight free zone’ they operated” as well as of “self-appointed terrorism experts” who promote fear “while drawing lucrative consulting contracts for themselves.
  • She is troubled, however, that Risen “makes no mention of the press,” which she considers a key member of the terrorism industry and “at least as guilty as others in his book of stirring up public anxiety for public gain.”             
  • Fear-mongering by officials and by the media is politically (and economically) understandable, but it is also decidedly irresponsible. Especially when public safety is the concern, it is vital to get the threats right and to evaluate counterterrorism measures in a systematic and coherent manner. Money and effort spent to deal with lesser threats is money unavailable for dealing with greater ones.     
  • Gary Edwards on 23 Jan 15
     
    ""Fear sells," points out journalist James Risen in his recent book, Pay Any Price.             There was a great deal of selling on ABC's "Good Morning America" on Friday. Segueing neatly from a report on raids against terrorists in Belgium, host George Stephanopoulos noted that "fears in Europe are matched by growing anxiety here about homegrown terror." He then stoked those anxieties as he introduced a segment on an apparently current "sting operation to stop a radicalized young man planning a deadly attack on our nation's Capitol."            Only at the end of the "exclusive" report, and in passing, was it noted that the plot actually took place three years ago. And nowhere was it pointed out that the man had overstayed his visitor's visa by 12 years (and therefore could have been deported at any time), that he had been evicted from his apartment in Virginia, or that FBI operatives had paid him $5,700 for living expenses and provided him with every scrap of weaponry he possessed. Also unmentioned: FBI informants had promised to pay the man's destitute parents in Morocco up to $1,000 a month after he killed himself in the process of detonating a small (FBI-provided) bomb in a ludicrous mission to bring down the Capitol dome. The average monthly household income in Morocco is less than $600.              It is often assumed that, even without the FBI's aid, a determined homegrown terrorist would eventually find someone else to supply him with his required weaponry. However, as Trevor Aaronson observes in his book, The Terror Factory, there has never "been a single would-be terrorist in the United States who has become operational through a chance meeting with someone able to provide the means for a terrorist attack." Only the police and FBI have been able to supply that service.             In his book, Risen skewers what he calls the "homeland security-industrial complex." American leaders, he
Paul Merrell

A caller had a lewd tape of Donald Trump. Then the race to break the story was on. - Th... - 0 views

www.washingtonpost.com/...6-875e-2c1bfe943b66_story.html

Auction 2016 Trump-video video-source

shared by Paul Merrell on 09 Oct 16 - No Cached
  • Reporter David Fahrenthold got a phone call around 11 a.m. Friday from a source with a tip about Donald Trump. The source asked: Would Fahrenthold be interested in seeing some previously unaired video of Trump? Fahrenthold didn’t hesitate. Within a few moments of watching an outtake of footage from a 2005 segment on “Access Hollywood,” the Washington Post reporter was on the phone, calling Trump’s campaign, “Access Hollywood” and NBC for reaction. By 4 p.m., his story was causing shock waves.
  • Fahrenthold’s story about the recording — which some observers said might deal a death blow to Trump’s presidential campaign — was the second major revelation, or “October surprise,” that came courtesy of an anonymous source. The New York Times last week revealed that Trump took a $916 million loss on his 1995 taxes, which could have relieved him from paying federal income taxes for as many as 18 years. The Times’ story was based on tax returns supplied by a source whose identity is unknown even to the Times. Fahrenthold, a 16-year veteran of The Post, said he knows who pointed him to the “Access Hollywood” video, but he will not reveal the identity because he promised anonymity to his tipster. But like many readers, he said he was surprised and shocked by what he saw on the tape.
  • As it happens, Fahrenthold was racing to produce his story in competition with “Access Hollywood” itself. The syndicated show, owned by NBC Universal, had found the Trump recording in its archives and was preparing its own story. NBC News, tipped by “Access Hollywood,” was also aware of the tape and was preparing a story, which it intended to broadcast after the entertainment show aired the recording. It was not clear, however, when “Access Hollywood” and NBC News were planning to go ahead with their stories.
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  • Fahrenthold’s story proved to be the most concurrently viewed article in the history of The Post’s website; more than 100,000 people read it simultaneously at one point on Friday. The interest was so heavy that it briefly crashed the servers of the newspaper’s internal tracking system.
  • The story not only damaged Trump but also elicited intense criticism of Bush on social media. Bush, 44, a cousin of former president George W. Bush, is now a co-host of NBC’s “Today” show. Noting that “Today” has a huge following among women, some critics called for Bush’s resignation.
  • The quick succession of events left several questions unanswered, among them: Why did a 2005 recording of Trump remain in the “Access Hollywood” archives for so long before becoming public? And what other damaging outtakes, if any, remain in the archives of NBC’s “The Apprentice” and “Celebrity Apprentice,” the reality shows in which Trump starred?
  • Paul Merrell on 09 Oct 16
     
    I went looking for what was known about the source of the Trump video. This is all I found. The original WaPo story on the video is here. https://www.washingtonpost.com/politics/trump-recorded-having-extremely-lewd-conversation-about-women-in-2005/2016/10/07/3b9ce776-8cb4-11e6-bf8a-3d26847eeed4_story.html I'm reminded of the Republican drive to impeach Bill Clinton that resulted in Larry Flynt (of Hustler magazine fame) offering a million-dollar reward for dirt on Republican members' of Congress affairs with women. He found a lot of takers and several Repubs were forced to resign from Congress after their affairs were publicized. I recall that Newt Gingrich said something along the lines of "I've never seen such a strong counterpunch before." The timing was exquisite, just after Trump let it be known that he'd be attacking Hillary in the next debate for her attacks on the women who had come forward claiming that Bill Clinton had either had affairs with them or made unwelcome sexual advances on them. The timing was also great to pull the sting from the Wikileaks release of the latest 2,000 Hillary emails showing that she perjured herself before Congress about shipment of arms to al-Qaeda in Syria from Libya. That never made it into mainstream media, although a few articles resulted from the leak of Hillary's talk to Goldman Sachs. All swept from the headlines by the eleven-year-old recording of Trump making sexist remarks. It says something about American politics that the next election may be determined by such a recording as opposed to life and death issues like U.S. foreign wars that are killing hundreds of thousands of people, climate change that threatens the extinction of the human race in as little as 100 years, etc.
Paul Merrell

French Tycoon on Trial for Massive Fraud: I Gave Netanyahu 1 Million Euros for Election... - 0 views

www.haaretz.com/...1.720506

Israel corruption Netanyahu Mimram-trial

shared by Paul Merrell on 01 Jun 16 - No Cached
  • PARIS - Arnaud Mimran, the main suspect in the great theft dubbed “the sting operation of the century,” testified on Thursday at a Paris court that he funded expenses of Prime Minister Benjamin Netanyahu in France, as well as directly funding election campaign expenses amounting to one million Euros. Netnahyahu vehemently denied the report. According to the law governing campaign contributions and instructions issued by the state comptroller, a Knesset candidate is entitled to accept donations from any individual totaling no more than 11,480 shekels ($2,970). In elections for leadership of a party or in internal party primaries, in which there are more than 50,000 voters, a candidate can accept individual donations of up to 45,880 shekels ($11,870). Mimran is suspected of stealing at least 282 million euros from the French Finance Ministry through a deception involving the rolling over value-added tax in deals relating to carbon dioxide capping. The focus of the court discussion on Thursday was to determine whether senior figures have succeeded until now in protecting Mimran from being indicted. In this context, Mimran’s close relations with Benjamin Netanyahu came up.
  • A joint investigation by Haaretz and the French website Mediapart, published last month, showed that Mimran financed vacations for Netanyahu and his family in the Alps and on the French Riviera. Mimran also lent Netanyahu his apartment in the 16th arrondissement in Paris,  taking him to a prestigious nightclub during Netanyahu’s  visit to Paris. Arnaud’s name features prominently in the list of foreign donors that was compiled by Netanyahu on the eve of his return to power, as published by journalist Raviv Drucker on Channel 10 News. In addition to these expenses, Mimran has now testified that he signed a cheque for financing an earlier Netanyahu election campaign, in 2001, as far as he remembers.  “I financed him to the tune of about one million euros,” he said. Mimran’s declaration came while he was being questioned on the witness stand about the extent of his expenses. His testimony revealed that most of his assets are not registered in his name. He explained to the judge: “The Rolls Royce is in my wife’s name, the McLaren is in my sister’s name. Only the Ferrari and Maserati are registered in my name.” This playing innocent caused quite a furor in the courtroom.
Paul Merrell

Asia Times Online :: Middle East News, Iraq, Iran current affairs - 2 views

www.atimes.com/...MID-03-090913.html

war & peace Syria Obama Pipelinestan U.S.-credibility

shared by Paul Merrell on 12 Sep 13 - No Cached
Gary Edwards liked it
  • There is nothing tragic about the Obama presidency, capable of drawing the analytical talents of a neo-Plutarch or a neo-Gibbon. This is more like a Pirandello farce, a sort of Character in Search of An Author. Candidates to Author are well documented - from the Israel lobby to the House of Saud, from a select elite of the industrial-military-security complex to, most of all, the rarified banking/financial elite, the real Masters of the Universe. Poor Barack is just a cipher, a <a href='http://asianmedia.com/GAAN/www/delivery/ck.php?n=a9473bc7&cb=%n' target='_blank'><img src='http://asianmedia.com/GAAN/www/delivery/avw.php?zoneid=36&cb=%n&n=a9473bc7&ct0=%c' border='0' alt='' ></a> functionary of empire, whose ''deciding'' repertoire barely extends to what trademark smile to flash at the requisite photo-ops. There's nothing ''tragic'' about the fact that during this week - marking the 12th anniversary of 9/11 - this presidency will be fighting for its bombing ''credibility'' trying to seduce Republican hawks in the US Congress while most of the warmongers du jour happen to be Democrats.
  • Republicans are torn between supporting the president they love to hate and delivering him a stinging rebuke - as much as they are aching to follow the orders of their masters, ranging from the American Israel Public Affairs Committee to military contractors. Once again, this is farce - caused by the fact that a man elected to finish off wars is eager to start yet another one. And once again without a United Nations vote. The White House ''strategy'' in this crucial negotiating week boils down to this; to convince the US Congress that the United States must start a war on Syria to punish an ''evil dictator'' - once again, as bad as Hitler - for gassing children. The evidence? It's ''indisputable''. Well, it's not ''irrefutable''. It's not even ''beyond-a-reasonable-doubt''. As Obama's Chief of Staff Denis McDonough admitted, with a straight face, it boils down to ''a quite strong common sense test, irrespective of the intelligence, that suggests that the regime carried this out''. So if this is really about ''common sense'', the president is obviously not being shown by his close coterie of sycophants this compendium of common sense, compiled by a group of top, extremely credible former US intelligence officials, which debunks all the ''evidence'' as flawed beyond belief. To evoke a farce from 12 years ago, this clearly seems to be a case of ''facts being fixed around the policy''.
  • The Arab street doesn't buy it because they clearly see through the hypocrisy; the desperate rush to ''punish'' the Bashar al-Assad government in Syria while justifying everything the apartheid state of Israel perpetrates in occupied Palestine. The Muslim world doesn't buy it because it clearly sees the demonization only applies to Muslims - from Arafat to bin Laden to Saddam to Gaddafi and now Assad. It would never apply to the military junta in Myanmar, which was clever enough to engineer an ''opening''; the next day Westerners were lining up to kiss the hem of Burmese longyis. It would never apply to the Islam Karimov dictatorship in Uzbekistan because ''we'' always need to seduce him as one of our bastards away from Russia and China. It eventually applies, on and off, to the Kim dynasty in North Korea, but with no consequences - because these are badass Asians who can actually respond to an US attack. Informed public opinion across the developing world does not buy it because they clearly see, examining the historical record, that Washington would never really be bothered with the sorry spectacle of Arabs killing Arabs, or Muslims killing Muslims, non-stop. The 1980-1988 Iran-Iraq war is a prime piece of evidence.
  • ...4 more annotations...
  • Then there's the ''credibility'' farce. The Obama administration has convoluted the whole world in its own self-spun net, insisting that the responsibility for the ''red line'' recklessly drawn by the president is in fact global. Yet the pesky ''world'' is not buying it.
  • At the Group of 20 summit last week, the BRICS group of emerging powers - Brazil, Russia, India, China and South Africa - as well as Indonesia and Argentina, clearly stressed that a war on Syria without UN Security Council approval would qualify Obama as a war criminal. Even among the European poodles ''support'' for the White House is extremely qualified. Germany's Angela Merkel and even France's attack dog Francois Hollande said the primacy is with the UN. The European Union as a whole wants a political solution. It's enlightening to remember that the EU in Brussels can issue arrest warrants for heads of EU governments guilty of war crimes. Someone in Paris must have warned attack dog Hollande that he would not welcome the prospect of slammer time. ''Evil'' as a political category is something worthy of the brain dead. The key question now revolves around the axis of warmongers - Washington, Israel and the House of Saud. Will the Israel lobby, the more discreet but no less powerful Saudi lobby, and the Return of the Living Dead neo-cons convince the US Congress to fight their war?
  • And then there's the curioser and curioser case of al-Qaeda - essentially the Arabic denomination for a CIA database of US-Pakistani-Saudi trained mujahideen during the 1980s: the oh so convenient transnational bogeyman that ''legitimized'' the Global War On Terror (GWOT) of the George W Bush years; the ''opening'' for al-Qaeda to move to Iraq; and now, no middle men; the CIA and the Obama administration fighting side-by-side with al-Qaeda in Syria. No wonder the denomination ''al-CIAeda'' has gone viral. With farce after farce after farce piling up in their own Tower of Babel, the much-vaunted ''US credibility'' is in itself the biggest farce of all. Politically, no one knows how the vacuum will be filled. It won't be via the UN. It won't be via the BRICS. It won't be via the G-20 - which is seriously divided; at least new multipolar players are carrying way more weight than US poodles. Much would be made to restore ''US credibility'' if the Obama administration had the balls to force both the House of Saud and Qatar (''300 people and a TV station'', in the epic definition of Saudi Arabia's Prince Bandar Sultan - aka Bandar Bush) to end once and for all their weaponizing of hardcore ''rebels'' and ultimately hardcore jihadis, and accept Iran in the negotiating table for a real Geneva II peace process in Syria. It won't happen because this bypasses farce. Once again; helpless Barack is just a paperboy. The plutocrats in charge are getting extremely nervous. The system is melting - and they need to act fast.
  • They need a Syria as docile as the Arab petro-monarchies. They want to hit Russia bad - and then discuss missile defense and Russian influence in Eastern Europe from a position of force. They want to hit Iran bad - and then continue to issue ultimatums from a position of force. They want to facilitate yet another Israeli attempt to capture southern Lebanon (it's the water, stupid). They want a monster gas pipeline from Qatar for European customers bypassing Iran and Syria as well as Gazprom. Most of all, this is all about control of natural resources and channels of distribution. These are real motives - and they have nothing to do with farce. Farce is only deployed to kill any possibility of real diplomacy and real political discussion. Farce is a theatrical mask - as in ''humanitarian'' imperialism - the ''acceptable'' version of the Dick Cheney-run years. It's as if Dick Cheney had never left the building; paperboy Barack is Dick Cheney with a ''human'' face. The only good outcome in this multi-sorrowful tale is that the real ''international community'', all around the world, has seen the naked Emperor in all its (farcical) glory.
  • Paul Merrell on 12 Sep 13
     
    What can I say? The iconoclastic Pepe Escobar strikes again. 
  • Gary Edwards on 12 Sep 13
     
    Outstanding article Paul. Wow! Watching the 911 link now. But here's one for you: Massimo Mazzucco's new 5-hour documentary "September 11- The New Pearl Harbor" summarizes 12 years of public debate on 9-11, looking at the events from all sides. Watch a trailer for the film here: http://goo.gl/M5c0dj Full five hours available here: http://www.luogocomune.net/site/modules/sections/index.php?op=viewarticle&artid=167 I listened to a two hour interview with Massimo last night. Awesome stuff.
  • Paul Merrell on 13 Sep 13
     
    A 5-hour documentary will have to wait for tomorrow. I'm about 7 hours away from a deadline for the current development cycle's Help file. :-) I do think Pepe is a off on a couple of details in this article. The Neocons were mostly silent on this one and Rumsfeld came out against the intervention, saying that Obama hadn't made a valid case for war. That's most likely because the Neocons are joined at the hip with Israeli government and that government is a house divided this time around, with only factions supporting the military strike. The current thinking in Tel Aviv/Jerusalem is, in line with the Israeli right's long term strategy, that it's just fine with them to have Muslims running around killing each other in Syria. That long-term strategy is to destabilize Israel's Arab neighbor states while Israel builds its economic empire and military hegemony in the region. Israeli government isn't exactly thrilled by the prospect of Obama delivering fulfillment of the Saudi goal of transforming Syria from a secular state into a non-secular Islamic state run by Wahabi extremists. Such a state, armed to the teeth by the U.S. and/or the Saudi-Qatari zillionaires could be very bad news for Israel. Notably, the very strongest case thus far that the August 21 chemical attack was conducted by the opposition forces with the U.S. and Syria in on it to create a false flag attack, has been delivered in installments by Yossef Bodansky, an Israeli-American uber-scholar of Islamic "terrorism" and Soviet/Russian weaponry who is incapable of criticising Israel's decades-long terrorism inflicted on the Palestinian people and Israel's continuing unlawful occupation of Palestine plus parts of Jordan, Syria, and Lebanon. Bodanysky sits at the center of an intelligence web of intelligence professionals from nations worried about Islamic "terrorism." In other words, he's extremely pro-Israeli and to boot, very close to Mossad and Israel's IDF intelligence forces. Israel's AIPAC lobby d
Paul Merrell

Adel Daoud's lawyer claims Hillside teen caught in 'fake war on terror' contrived by U.... - 0 views

abclocal.go.com/...story

surveillance state FBI NSA 4th Amendment 1st Amendment entrapment Daoud

shared by Paul Merrell on 29 Nov 13 - No Cached
  • (CHICAGO) (WLS) -- Lawyers for a west suburban teenager charged with a downtown bomb plot say he was caught in a "fake war on terror" contrived by U.S. spy agencies. Each week it seems as though there is a new salvo of accusations by the legal team defending Hillside 19-year-old Adel Daoud. On Tuesday, a court filing by Daoud's attorneys characterizes U.S. spy agencies as outlaw arms of the government that snagged the west suburban teenager in a dummied-up bomb plot. The nation's intelligence gathering agencies, they believe, are operating in what amounts to a fourth, runaway, branch of government. Daoud was arrested a little more than a year ago, according to authorities planning to detonate a car bomb at this downtown intersection that would take out a popular nearby bar--if it was real. But the so-called plot was a sting operation and the bomb operatives worked for the FBI.
  • "Look, he's a young kid," said Daoud attorney Thomas Durkin. "He just graduated from high school." Durkin, from the beginning, has cried foul about the government investigation and tactics. In the sharply-critical Daoud surveillance motion filed Tuesday, Durkin states that the government has concocted a "fake choice between national security and civil rights, not unlike the fake war being conducted in our name against terror." Durkin, a former assistant U.S. Attorney in Chicago, states that: "The usually reliable representations of the U.S. Attorney's office can no longer be trusted. . .because the intelligence agencies. . . simply do not inform the local prosecutors of all material information." "The spy agencies," Durkin writes, "are as fearful of the prosecutors as they are defense counsel". . .and "just as easily compromised."
  • During the investigation, FBI agents secretly recorded phone conversations at the suspect's home, and elsewhere, and they monitored internet communications. Prosecutors have argued that evidence must be held in secret, from both the public and the defendant-- and so far, the courts have agreed. Lawyers for the 19-year old man from west suburban Chicago are challenging the initial legal grounds permitting authorities to monitor his communications. They contend Daoud may have been targeted by intelligence agencies for viewpoints expressed on the internet. The accused teenage jihadist remains in federal custody without bail, where he has been for 14 months. Authorities have said that Daoud made statements he intended to kill 100 people and injure 300. As his attorney continues a vigorous challenge of government tools and tactics, prosecutors declined to comment to the I-Team.
  • Paul Merrell on 29 Nov 13
     
    This is the case that Sen. Diane Feinstein bragged about having been broken by NSA surveillance. But the government still clings to its position that neither the defense nor the public should be allowed to see the NSA intelligence. The judge in the case originally sided with the government. See order at https://archive.org/stream/781913-daoud-motion-denied#page/n0/mode/1up It bears reminding that the Justice Dept. had told the Supreme Court that such materials would be available for criminal defendants to challenge in persuading the Court that a lawsuit brought by Amnesty International would not be the only avenue to challenge NSA surveillance. The Court repeated that promise in its opinion dismissing the Amnesty International case. But the issue is still alive. Daod is still in jail pending trial. And I'll hazard a guess that his defense just acquired new wheels with yesterday's disclosure of NSA surveillance being used to ruin the reputations of non-terrorists because of the content of their speech.  
Paul Merrell

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

www.theguardian.com/...-likely-unconstitutional-judge

surveillance state NSA call-metadata litigation 4th Amendment constitutional law NSA-blowback

shared by Paul Merrell on 17 Dec 13 - No Cached
  • A federal judge in Washington ruled on Monday that the bulk collection of Americans’ telephone records by the National Security Agency is likely to violate the US constitution, in the most significant legal setback for the agency since the publication of the first surveillance disclosures by the whistleblower Edward Snowden. Judge Richard Leon declared that the mass collection of metadata probably violates the fourth amendment, which prohibits unreasonable searches and seizures, and was "almost Orwellian" in its scope. In a judgment replete with literary swipes against the NSA, he said James Madison, the architect of the US constitution, would be "aghast" at the scope of the agency’s collection of Americans' communications data. The ruling, by the US district court for the District of Columbia, is a blow to the Obama administration, and sets up a legal battle that will drag on for months, almost certainly destined to end up in the supreme court. It was welcomed by campaigners pressing to rein in the NSA, and by Snowden, who issued a rare public statement saying it had vindicated his disclosures. It is also likely to influence other legal challenges to the NSA, currently working their way through federal courts.
  • In Monday’s ruling, the judge concluded that the pair's constitutional challenge was likely to be successful. In what was the only comfort to the NSA in a stinging judgment, Leon put the ruling on hold, pending an appeal by the government. Leon expressed doubt about the central rationale for the program cited by the NSA: that it is necessary for preventing terrorist attacks. “The government does not cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack,” he wrote.
  • Leon’s opinion contained stern and repeated warnings that he was inclined to rule that the metadata collection performed by the NSA – and defended vigorously by the NSA director Keith Alexander on CBS on Sunday night – was unconstitutional. “Plaintiffs have a substantial likelihood of showing that their privacy interests outweigh the government’s interest in collecting and analysing bulk telephony metadata and therefore the NSA’s bulk collection program is indeed an unreasonable search under the fourth amendment,” he wrote. Leon said that the mass collection of phone metadata, revealed by the Guardian in June, was "indiscriminatory" and "arbitrary" in its scope. "The almost-Orwellian technology that enables the government to store and analyze the phone metadata of every telephone user in the United States is unlike anything that could have been conceived in 1979," he wrote, referring to the year in which the US supreme court ruled on a fourth amendment case upon which the NSA now relies to justify the bulk records program.
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  • In a statement, Snowden said the ruling justified his disclosures. “I acted on my belief that the NSA's mass surveillance programs would not withstand a constitutional challenge, and that the American public deserved a chance to see these issues determined by open courts," he said in comments released through Glenn Greenwald, the former Guardian journalist who received leaked documents from Snowden. "Today, a secret program authorised by a secret court was, when exposed to the light of day, found to violate Americans’ rights. It is the first of many.”
  • In his ruling, Judge Leon expressly rejected the government’s claim that the 1979 supreme court case, Smith v Maryland, which the NSA and the Obama administration often cite to argue that there is no reasonable expectation of privacy over metadata, applies in the NSA’s bulk-metadata collection. The mass surveillance program differs so much from the one-time request dealt with by the 1979 case that it was of “little value” in assessing whether the metadata dragnet constitutes a fourth amendment search.
  • In a decision likely to influence other federal courts hearing similar arguments from the ACLU, Leon wrote that the Guardian’s disclosure of the NSA’s bulk telephone records collection means that citizens now have standing to challenge it in court, since they can demonstrate for the first time that the government is collecting their phone data.
  • Leon also struck a blow for judicial review of government surveillance practices even when Congress explicitly restricts the ability of citizens to sue for relief. “While Congress has great latitude to create statutory schemes like Fisa,” he wrote, referring to the seminal 1978 surveillance law, “it may not hang a cloak of secrecy over the constitution.”
  • In his ruling on Monday, Judge Leon predicted the process would take six months. He urged the government to take that time to prepare for an eventual defeat. “I fully expect that during the appellate process, which will consume at least the next six months, the government will take whatever steps necessary to prepare itself to comply with this order when, and if, it is upheld,” wrote Leon in his opinion. “Suffice it to say, requesting further time to comply with this order months from now will not be well received and could result in collateral sanctions.”
  • Paul Merrell on 17 Dec 13
     
    This is the case I thought was the weakest because of poor drafting in the complaint. The judge noted those issues in dismissing the plaintiffs' claims under the Administrative Procedures Act, but picked his way through what remained to find sufficient allegations to support the 4th Amendment challenge. Because he ruled for the plaintiffs on the 4th Amendment count, the judge did not reach the plaintiffs' arguments under the First and Fifth Amendments. This case is about cellphone call metadata, which the FISA Court has been ordering cell phone companies to provide every day, with the orders updated every 90 days. The judge's 68-page opinion is at https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2013cv0881-40 (cleaner copy than the Guardian's, which was apparently faxed). Notably, the judge, Richard Leon, is a Bush II appointee and one of the plaintiffs is a prominent conservative civil libertarian lawyer. The other plaintiff is the father of an NSA cryptologist who worked closely with SEAL Team 6 and was killed along with members of that team when their helicopter crashed in Afghanistan. I'll add some more in a comment. But digital privacy is not yet dead.
  • Paul Merrell on 17 Dec 13
     
    Unfortunately, DRM is not dead yet either and the court's PDF file is locked. No easy copying of its content. If you want to jump directly to the discussion of 4th Amendment issues, go to page 35. That way, you can skip past all the dreary discussion of the Administrative Procedures Act claim and you won't miss much that's memorable. In ruling on the plaintiffs' standing to raise the 4th Amendment claim, Judge Leon postulated two possible search issues: [i] the bulk daily collection of metadata and its retention in the database for five years; and [ii] the analysis of that data through the NSA's querying process. The judge had no difficulty with the first issue; it definitely qualifies as a search. But the judge rejected the plaintiffs' argument on the second type (which was lame), demonstrating that at least one federal judge understands how computers work. The government's filings indicated that a "seed" telephone number or other identifier is used as the query string. Judge Leon figured out for himself from this fact that the NSA of necessity had to compare that number or identifier to every number or identifier in its database looking for a match. The judge concluded that the plaintiffs' metadata --- indeed everyone's metadata --- had to be searched for comparison purposes *every* time the NSA analysts ran any query against the database. See his incisive discussion at pp. 39-41. So having established that two searches were involved, one every time the NSA queried the database, the judge moved on to the next question, whether "the plaintiffs had a reasonable expectation of privacy that is violated when the Government indiscriminately collects their telephony metadata along with the metadata of hundreds of millions of other citizens without any particularized suspicion of wrongdoing, retains that metadata for five years, and then queries, analyzes, and investigates that data without prior judicial approval of the investigative targets." pg. 43. More later
Paul Merrell

'Inventing Terrorists' Study Offers Critical Examination of Government's Use of Preempt... - 0 views

dissenter.firedoglake.com/...use-of-preemptive-prosecutions

surveillance state war & peace preemptive-prosecution war on terror™

shared by Paul Merrell on 16 Jun 14 - No Cached
  • Nearly ninety-five percent of individuals on a Justice Department list of “terrorism and terrorism-related convictions” from 2001-2010 included some elements of preemptive prosecution, according to a study by attorneys which they say is the first to “directly examine and critique preemptive prosecution and its abuses.” The study is called “Inventing Terrorists: The Lawfare of Preemptive Prosecution” [PDF]. It was released by Project SALAM, which stands for Support and Legal Advocacy for Muslims, and the National Coalition to Protect Civil Freedoms (NCPCF), a coalition of groups that “oppose profiling, preemptive prosecution and prisoner abuse.” While Mother Jones has already published extensive work on the entrapment and prosecution of “terrorists” since the 9/11 attacks examining the Justice Department’s list, this study is noteworthy because it advances the journalism to outline how the government has perverted the criminal justice system through practices that have become popular especially against Muslims.
  • The study broke down each case into three separate categories: preemptive prosecution; “elements of preemptive prosecution,” meaning the defendants’ may have committed non-terrorism-related crimes that the government “inflated” into a terrorism charge; and terrorism-related charges that were legitimate and not the result of preemptive prosecution. The Justice Department’s list only contained 399 cases. The study concluded “the number of preemptive prosecution cases is 289 out of 399, or 72.4%. The number of elements of preemptive prosecution cases is 87 out of 399, or 21.8%.” “Combining preemptive prosecution cases and elements of preemptive prosecution cases, the total number of such cases on the DOJ list is 376, or 94.2%,” according to the study.
  • Nearly twenty-five percent of the cases contained material support charges. Nearly thirty percent were cases with conspiracy charges. Over seventeen percent of cases involved sting operations. More than sixteen percent of cases included false statement or perjury charges, and around six percent of cases involved immigration-related charges. The study also concluded that there were only eleven cases where threats had been “potentially significant” to the United States. “Only three were successful (the Tsarnaev brothers and Major Nidal Hasan), accounting for seventeen deaths and several hundred injuries.” Out of hundreds of cases, the authors were only able to come up with twenty-three individuals who they believed ever posed a threat and were not preemptively prosecuted. But, as is noted in the study, nine of these people were inexplicably listed even though they committed non-terrorism related crimes.
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  • Thus, the study clearly demonstrates how resources for fighting terrorism have mostly been used to target individuals who are suspicious and easier to prosecute because they practice a certain religion or have an “ideology” the general public will resent. And if most of these people were not people of color with Arabic-sounding names that could be used to promote a fear of foreigners in the criminal justice process, their crimes would be given the same light treatment other members of the general public typically receive.
  • Paul Merrell on 16 Jun 14
     
    What to do if you're in the FBI and Congress has rained billions of dollars on you to head off the next 9-11? Tell Congress it was a false flag operation, or get out there and invent a bunch of terrorists? 
Paul Merrell

Another "Terror" Arrest; Another Mentally Ill Man, Armed by the FBI - 0 views

firstlook.org/...her-mentally-ill-man-armed-fbi

war & peace terrorists™ FBI entrapment

shared by Paul Merrell on 15 Jul 15 - No Cached
  • U.S. law enforcement officials announced another terror arrest on Monday, after arming a mentally ill man and then charging him with having guns. ABC News quoted a “senior federal official briefed on the arrest” as saying: “This is a very bad person arrested before he could do very bad things.” But in a sting reminiscent of so many others conducted by the FBI since 9/11, Alexander Ciccolo, 23, “aka Ali Al Amriki,” was apparently a mentally ill man who was doing nothing more than ranting about violent jihad and talking (admittedly in frightening ways) about launching attacks—until he met an FBI informant. At that point, he started making shopping lists for weapons. The big twist in this story: Local media in Massachusetts are saying Ciccolo was turned in by his father, a Boston Police captain. The FBI affidavit says the investigation was launched after a “close acquaintance … stated that Ciccolo had a long history of mental illness and in the last 18 months had become obsessed with Islam.”
Paul Merrell

As Ambassador Power praises ADL, Abe Foxman savages John Kerry | The Electronic Intifada - 0 views

electronicintifada.net/...-abe-foxman-savages-john-kerry

war & peace Iranian nukes myth Kerry Israel Israel-firsters

shared by Paul Merrell on 11 Nov 13 - No Cached
  • Abraham Foxman, national director of the Anti-Defamation League (ADL), has launched a stinging attack on US Secretary of State John Kerry. Foxman’s open attack on a US secretary of state, especially one who has been so friendly to Israel, is unusual. What makes it more extraordinary is that it comes after another Obama administration official has heaped lavish praise on Foxman and the ADL. “I think Kerry’s outrageous behavior will unite the American Jewish community,” Foxman told Israeli army radio, Haaretz reports.
  • “It is chutzpah to lecture Israel about the risks of peace and war,” Foxman added from Jerusalem, where he is currently visiting. The ADL is one of the most prominent pro-Israel, anti-Palestinian organizations in the United States. It recently published a McCarthyite list of the “Top 10 anti-Israel organizations” which included a number of peace and justice groups. The sources of Foxman’s rage include US diplomacy with Iran, which Kerry has championed, and Kerry’s recent criticism of (though total inaction on) Israel’s ongoing colonization of Palestinian land. Foxman claimed there was a “crisis of trust” between the US and Israel because Kerry had not kept Israel sufficiently informed of the Geneva talks over Iran’s nuclear energy program. Those talks ended last night without a much-anticipated breakthrough, after a last minute French intervention scuppered a deal.
  • Paul Merrell on 11 Nov 13
     
    Make no mistake: Israel's right-wing government and its Zionist/Neoliberal stooges in the U.S. are squarely aimed at blocking any deal that would get in the way of the U.S. launching a war against Iran. 
Paul Merrell

The Vineyard of the Saker: The significance of the Russian decision to move the humanit... - 0 views

vineyardsaker.blogspot.com/...ce-of-russian-decision-to.html

war & peace Ukraine Russia gauntlet U.S.-foreign-policy humanitarian-aid MH17-flight-recorders

shared by Paul Merrell on 23 Aug 14 - No Cached
  • It appears that the Russians got tired of waiting.  I suggest that you all carefully parse the Statement of the Russian Ministry of Foreign Affairs I posted earlier today.  This is an interesting document because besides an explanation of the Russian decision to move it, it is also, potentially, a legal defense or an unprecedented Russian decision: to overtly violate the Ukrainian sovereignty.  Let me explain. First, the case of Crimea was also a "special case".  The Russian were legally present there and, in the Russian rationale, all the "Polite Armed Men in Green" did was to protect the local population to make it possible for the latter to freely express its will.  Only after that will was expressed did Russia agree to formally re-incorporate Crimea into Russia.  So from the legal Russian point of view, none of the Russian actions in Crimea included any form of  violation of Ukrainian sovereignty.  I know, most western analyst will not agree, but that is the official Russian stance.  And official stances are important because they form the basis for a legal argument.
  • Second, the aid which Russia has been sending to Novorussia has been exclusively covert.  Covert operations, no matter their magnitude, do not form the basis for a legal position.  The official position of Moscow has been that not only was there absolutely no military aid to Novorussia, but even when Ukie artillery shells landed inside Russia did the Kremlin authorize any retaliation, again in (official) deference to the Ukrainian national sovereignty. This time, however, there is no doubt at all that the Russians did deliberately and officially chose to ignore Kiev and move in.  Now, in fact, in reality, this is clearly the logically, politically and morally right thing to do.  But in legal terms, this clearly a violation of Ukrainian sovereignty.  From a legal point of view, the Ukies had the right to keep the Russian convoy at the border for another 10'000 years if they wanted and Russia had no legal right to simply move in.  What apparently happened this morning is that the Ukie officials did not even bother showing up, so the Kremlin just said "forget it!" and ordered the trucks in.
  • The US and their main agent in Kiev, Nalivaichenko, immediately and correctly understood the threat: not only did this convoy bring much needed humanitarian aid to Lugansk, it also provided a fantastic political and legal "cover" for future Russian actions inside Novorussia.  And by "actions" I don't necessarily mean military actions, although that is now clearly and officially possible.  I also mean legal actions such as recognizing Novorussia.  From their point of view, Obama, Poroshenko, Nalivaichenko are absolutely correct to be enraged, because I bet you that the timing, context and manner in which Russia moved into Novorussia will not result in further sanctions or political consequences.   Russia has now officially declared the Ukie national sovereignty as "over" and the EU will probably not do anything meaningful about it. That, by itself, is a nightmare for Uncle Sam. Furthermore, I expect the Russian to act with a great deal of restraint.  It would be stupid for them to say "okay, now that we violated the territorial integrity of the Ukraine and ignored its sovereignty we might as well bomb the junta forces and move our troops in".  I am quite confident that they will not do that.  Yet.  For the Russian side, the best thing to do now is to wait.  First, the convoy will really help.  Second, it will become a headache for the Ukies (bombing this convey would not look very good).  Third, this convoy will buy enough time for the situation to become far clearer.  What am I referring to here?
  • ...3 more annotations...
  • Not only did the Russians move in, but they did that without the ICRC whose personnel refused to go because of the lack of security guarantees from Kiev. The Russian response to that lack of security guarantees was a) to order this unarmed convoy in and b) to clearly state in the official statement: We are warning against any attempts to thwart this purely humanitarian mission which took a long time to prepare in conditions of complete transparency and cooperation with the Ukrainian side and the ICRC. Those who are ready to continue sacrificing human lives to their own ambitions and geopolitical designs and who are rudely trampling on the norms and principles of international humanitarian law will assume complete responsibility for the possible consequences of provocations against the humanitarian relief convoy. Again, from a logical, political or moral point of view, this is rather self-obvious, but from a legal point of view this is a threat to use force ("complete responsibility for the possible consequences") inside the putatively sovereign territory of the Ukraine.
  • The Ukie plan has been to present some major "victory" for the Sunday the 24, when they plan a victory parade in Kiev to celebrate independence day (yup, the US-controlled and Nazi-administered "Banderastan" will celebrate its "independence"... this is both sad and hilarious).  Instead, what they have a long streak of *very* nasty defeats during the past 5-6 days or so.  By all accounts, the Ukies are getting butchered and, for the first time, even pushed back (if only on a tactical level).  That convoy in Luganks will add a stinging symbolical "f**k you!" to the junta in Kiev.  It will also exacerbate the tensions between the ruling clique in power, the Right Sector and Dmitri Iarosh and the growing protest movement in western Ukraine. Bottom line: this is a risky move no doubt, probably brought about by the realization that with water running out in Luganks Putin had to act.  Still it is also an absolutely brilliant move which will create a massive headache for the US and its Nazi puppets in Kiev.
  • PS: I heard yesterday evening that Holland has officially announced that it will not release the full info of the flight data and voice recorders of MH17.  Thus Holland has now become an official accomplice to the cover-up of this US false-flag operation and to the murder of the passengers of MH17. This is absolutely outrageous and disgusting I and sure hope that the Malaysian government will not allow this.  As for Kiev, it is also sitting on the recording of the communications between the Kiev ATC and MH17.  Finally, the USA has it all through its own signals intelligence capabilities.  So they all know and they are all covering up.  Under the circumstances, can anybody still seriously doubt "who done it"?
  • Paul Merrell on 23 Aug 14
     
    Yes, indeed. Do read the Statement of the Russian Ministry of Foreign Affairs (Sergey Lavrov's shop) linked from this article. What Ukraine and the U.S. have been doing to delay humanitarian relief to Lugansk is beyond despicable. And though not dwelled on here, Kerry's State Dept. lodged an outraged demand that the Russian humanitarian aid convoy return to Russia post haste without unloading any of the supplies in Ukraine. Or else. Or else what? The U.S. also exercised its veto power on the U.N. Security Council to block a draft resolution instructing a temporary cease fire for delivery of the relief supplies.  Dumbout. Now Russia has officially violated Ukraine sovereignty under circumstances that are beyond reproach. The U.S. has no moral high ground to cry foul; the Russians have all of it.  I truly enjoy watching Mr. Lavrov play chess brilliantly while John Kerry steadfastly clings to his belief that the game is checkers. Kerry just can't accept that he's hopelessly outclassed by Lavrov.  And that blunt Russian promise to retaliate militarily if Kiev attacks the convoy? That's an announcement that future Russian humanitarian aid convoys into Ukraine will not be delayed or Russia will simply ignore the Kiev government and ride on through the border. Giving credit where it's due, Lavrov undoubtedly coordinated this action with Vladimir Putin. 
Paul Merrell

Activist Post: FBI Thwarts Terror Plot on Capitol (That They Planned) - 0 views

www.activistpost.com/...rror-plot-on-capitol-that.html

politics-of-fear FBI sting entrapment terrorists™

shared by Paul Merrell on 16 Jan 15 - No Cached
  • The FBI is at it again. Creating fake terror plots to justify their existence. And this plot hits on all the themes one would expect from a good fake terror plot. The FBI initially found a patsy by trolling Twitter for support of ISIS. That's exciting because finding someone retarded enough to admit support for murderers is really difficult. Then they sent an in-house jihadist to team up with the patsy to plan a grand terror attack on the nation's Capitol. Heroically, the moment the 20-year-old patsy said he would "go forward with violent jihad" the FBI steps in and declares a victory in the war on terror. NBC News reports: Ohio man was arrested Wednesday and accused of planning to attack the U.S. Capitol, U.S. officials told NBC News. But the officials said the man, identified as Christopher Cornell, 20, was dealing with an undercover agent the entire time and was never in a position to carry out his plan. "There was never a danger to the public," an official told NBC News. The officials said that starting in August, Cornell began posting comments on Twitter in support of ISIS under an alias, Raheel Mahrus Ubaydah. Shortly after those posts began appearing, the FBI sent an undercover operative to meet with him.
  • During a meeting with the operative, court documents say, Cornell said he wanted "to go forward with violent jihad" and that Anwar al-Awlaki — the U.S.-born Muslim cleric who was killed by a U.S. drone in September 2011 and was the first U.S. citizen publicly known to have been added to the U.S. kill-or-capture list — and others had encouraged that kind of action. Seriously, Anwar al-Awlaki again? Hasn't his name become synonymous with "false flag"? He's a proven federal asset who also supposedly handled the Fort Hood Shooter, the Underwear Bomber and even the recent Paris Shooters - all incredibly shady events that served to advance the "war on terror" agenda. The FBI has incubated fake terror plots over and over: See this, this, this, this, this, this, this, and this. Surely they'd never let an event go live, would they? What would they have to gain? Well, the only reason this story exists at all is to make the public feel that there are genuine terror threats targeting the US Capitol. That is then used to justify spying on the Internet and funding the huge terrorism-industrial complex that has nothing better to do than make up the reasons to keep giving them money. The police state is a ruthless business, and false flag terror is its most effective marketing tool. UPDATE: Surprise, the salesmen are already using this fake story to push their agenda: John Boehner Credits Government Surveillance For Uncovering Capitol Bomb Threat
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