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Gary Edwards

Comey has Long History of Cases Ending Favorable to Clintons - Tea Party News - 0 views

www.teaparty.org/ding-favorable-clintons-174947

Clinton Hillary

shared by Gary Edwards on 09 Jul 16 - No Cached
  • Messages found stored on Clinton’s private email server show that Berger – a convicted thief of classified documents – had been advising Clinton while she served as secretary of state and had access to emails containing classified information. For example, in an email dated Sept. 22, 2009, Berger advised Clinton advised how she could leverage information to make Israeli Prime Minister Benjamin Netanyahu more cooperative in discussions with the Obama administration over a settlement freeze.
  • Law firm ties Berger, Lynch, Mills Berger worked as a partner in the Washington law firm Hogan & Hartson from 1973 to 1977, before taking a position as the deputy director of policy planning at the State Department in the Carter administration. When Carter lost his re-election bid, Berger returned to Hogan & Hartson, where he worked until he took leave in 1988 to act as foreign policy adviser in Gov. Michael Dukakis’ presidential campaign. When Dukakis was defeated, Berger returned to Hogan & Hartson until he became foreign policy adviser for Bill Clinton’s presidential campaign in 1992. On March 28, WND reported Lynch was a litigation partner for eight years at Hogan & Hartson, from March 2002 through April 2010. Mills also worked at Hogan & Hartson, for two years, starting in 1990, before she joined then President-elect Bill Clinton’s transition team, on her way to securing a position as White House deputy counsel in the Clinton administration. According to documents Hillary Clinton’s first presidential campaign made public in 2008, Hogan & Hartson’s New York-based partner Howard Topaz was the tax lawyer who filed income tax returns for Bill and Hillary Clinton beginning in 2004. In addition, Hogan & Hartson in Virginia filed a patent trademark request on May 19, 2004, for Denver-based MX Logic Inc., the computer software firm that developed the email encryption system used to manage Clinton’s private email server beginning in July 2013. A tech expert has observed that employees of MX Logic could have had access to all the emails that went through her account.
  • In 1999, President Bill Clinton nominated Lynch for the first of her two terms as U.S. attorney for the Eastern District of New York, a position she held until she joined Hogan & Hartson in March 2002 to become a partner in the firm’s Litigation Practice Group. She left Hogan & Hartson in 2010, after being nominated by President Obama for her second term as U.S. attorney for the Eastern District of New York, a position she held until Obama nominated her to serve in her current position as attorney general. A report published April 8, 2008, by The American Lawyer noted Hogan & Hartson was among Hillary Clinton’s biggest financial supporters in the legal industry during her first presidential campaign. “Firm lawyers and staff have donated nearly $123,400 to her campaign so far, according to campaign contribution data from the Center for Responsive Politics,” Nate Raymond observed in The American Lawyer article. “Christine Varney, a partner in Hogan’s Washington, D.C., office, served as chief counsel to the Clinton-Gore Campaign in 1992.” While there is no evidence that Lynch played a direct role either in the tax work done by the firm for the Clintons or in linking Hillary’s private email server to MX Logic, the ethics of the legal profession hold all partners jointly liable for the actions of other partners in a business. “If Hogan and Hartson previously represented the Clintons on tax matters, it is incumbent upon U.S. Attorney General Loretta Lynch to [disclose] what, if any, role she had in such tax matters,” said Tom Fitton, president of Washington-based Judicial Watch.
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  • HSBC link When Lynch’s nomination as attorney general was considered by the Senate one year ago, as WND reported, the Senate Judiciary Committee examined her role in the Obama administration’s decision not to prosecute the banking giant HSBC for laundering funds for Mexican drug cartels and Middle Eastern terrorists. WND was first to report in a series of articles beginning in 2012 money-laundering charges brought by John Cruz, a former HSBC vice president and relationship manager, based on his more than 1,000 pages of evidence and secret audio recordings. The staff of the Senate Judiciary Committee focused on Cruz’s allegations that Lynch, acting then in her capacity as the U.S. attorney for the Eastern District of New York, engaged in a Department of Justice cover-up. Obama’s attorney general nominee allowed HSBC in December 2011 to enter into a “deferred prosecution” settlement in which the bank agreed to pay a $1.9 billion fine and admit “willful criminal conduct” in exchange for dropping criminal investigations and prosecutions of HSBC directors or employees. Cruz called the $1.92 billion fine the U.S. government imposed on HSBC “a joke” and filed a $10 million lawsuit for “retaliation and wrongful termination.” From 2002 to 2003, Comey held the position of U.S. Attorney for the Southern District of New York, the same position held by Lynch. On March 4, 2013, he joined the HSBC board of directors, agreeing to serve as an independent non-executive director and a member of the bank’s Financial System Vulnerabilities Committee, positions he held until he resigned on Aug. 3, 2013, to become head of the FBI.
  • Comey, Fitzgerald and Valerie Plame On Jan. 1, 2004, the Washington Post reported that after Attorney General John Aschroft recused himself and his staff from any involvement in the investigation of who leaked the name of CIA employee Valerie Plame after journalist Robert Novak named her in print as a CIA operative, Comey assumed the role of acting attorney general for the purposes of the investigation. Comey appointed Patrick J. Fitzgerald, a U.S. attorney in Chicago, to act as special counsel in conducting the inquiry into what became known as “Plamegate.” At the time Comey made the appointment, Fitzgerald was already godfather to one of Comey’s children. On April 13, 2015, co-authoring a USA Today op-ed piece, Plame and her husband, retired ambassador Joseph Wilson, made public their support for Hillary Clinton’s 2016 presidential campaign, openly acknowledging their political closeness to both Hillary and Bill Clinton. The first two paragraphs of the editorial read: We have known Hillary Clinton both professionally and personally for close to 20 years, dating back to before President Bill Clinton’s first trip to Africa in 1998 — a trip that they both acknowledge changed their lives, and gave considerable meaning to their post-White House years and to the activities of the Clinton Foundation. Joe, serving as the National Security Council Senior Director for African Affairs, was instrumental in arranging that historic visit. Our history became entwined with Hillary further after Valerie’s identity as a CIA officer was deliberately exposed. That criminal act was taken in retribution for Joe’s article in The New York Times in which he explained he had discovered no basis for the Bush administration’s justification for the Iraq War that Saddam Hussein was seeking yellowcake uranium to develop a nuclear weapon.
  • In January 2016, Chuck Ross in the Daily Caller reported that Hillary Clinton emails made public made clear that one of her “most frequent favor-seekers when she was secretary of state was former Ambassador Joseph Wilson, a longtime Clinton friend, an endorser of Clinton’s 2008 presidential campaign, and an Africa expert with deep business ties on the continent.” Ross noted that Wilson emailed Clinton on Dec. 22, 2009, seeking help for Symbion Power, an American engineering contractor for whom Wilson consulted, in the company’s bid to pursue a U.S. Agency of International Development contract for work in Afghanistan. In the case of the Afghanistan project, Ross noted, Clinton vouched for Wilson and Symbion as she forwarded the request to Jack Lew, who served then as deputy secretary of state for management and resources. Ross further reported Wilson’s request might also have been discussed with President Obama, as one email indicates. In 2005, Fitzgerald prosecuted Libby, a prominent adviser to then Vice President Dick Cheney, in the Plame investigation, charging him with two counts of perjury, two counts of making false statements to federal prosecutors and one count of obstruction of justice. On March 6, 2007, Libby was convicted of four of the five counts, and on June 5, 2007, was sentenced by U.S. District Judge Reggie B. Walton to two and a half years in federal prison. On April 6, 2015, the Wall Street Journal reported the publication of New York Times reporter Judith Miller’s memoir “The Story: A Reporter’s Journey” exposed “unscrupulous conduct” by Fitzgerald in the 2007 trial of Libby.
  • WSJ reporter Peter Berkowitz noted Miller “writes that Mr. Fitzgerald induced her to give what she now realizes was false testimony.” “By withholding critical information and manipulating her memory as he prepared her to testify, Ms. Miller relates, Mr. Fitzgerald ‘steered’ her ‘in the wrong direction.’” http://www.wnd.com/2016/07/comey-has-long-history-of-clinton-related-cases/
  • Gary Edwards on 09 Jul 16
     
    Bend over and grab your ankles. The rats nest of Clinton operatives in Washington DC is far deeper than anyone ever imagined. "FBI Director James Comey has a long history of involvement in Department of Justice actions that arguably ended up favorable to the Clintons. In 2004, Comey, then serving as a deputy attorney general in the Justice Department, apparently limited the scope of the criminal investigation of Sandy Berger, which left out former Clinton administration officials who may have coordinated with Berger in his removal and destruction of classified records from the National Archives. The documents were relevant to accusations that the Clinton administration was negligent in the build-up to the 9/11 terrorist attack. On Tuesday, Comey announced that despite evidence of "extreme negligence by Hillary Clinton and her top aides regarding the handling of classified information through a private email server, the FBI would not refer criminal charges to Attorney General Loretta Lynch and the Justice Department. Curiously, Berger, Lynch and Cheryl Mills all worked as partners in the Washington law firm Hogan & Hartson, which prepared tax returns for the Clintons and did patent work for a software firm that played a role in the private email server Hillary Clinton used when she was secretary of state. Lynch and Comey both served as U.S. attorney for the Southern District of New York. They crossed paths in the investigation of HSBC bank, which avoided criminal charges in a massive money-laundering scandal for which the bank paid a $1.9 billion fine. After Attorney General John Aschroft recused himself in the Valerie Plame affair in 2004, Comey appointed as special counsel Patrick J. Fitzgerald, who ended up convicting "Scooter" Libby, a top aide to then Vice President Dick Cheney, of perjury and obstruction of justice. The charge affirmed the accusations of Plame and her former ambassador husband, Joe Wilson - both partisan supporters of Bill and
  • Paul Merrell on 10 Jul 16
     
    The "ethical" situation is far worse than described. Attorney disciplinary rules require that a lawyer, including all lawyers in the same firm, owe a lifetime duty of loyalty to a client, a duty that does not end with representation in a particular matter. Accordingly, Lynch had what the disciplinary rules refer to as an "actual conflict of interest" between her duties of loyalty to both Hillary and the U.S. government that required her withdrawal from representing either in the decision whether to prosecute Hillary. Saying that she would rubber stamp what Comey recommended was not the required withdrawal. Comey is an investigator, not a prosecutor. This was a situation for appointment of a special counsel to represent the Department of Justice in the decision whether to prosecute, not satisfied by rubber stamping Comey's recomendation,.
Gary Edwards

The Daily Bell - Occupy Wall Street Demands Global UN Tax and Worldwide G20 Protest - 0 views

www.thedailybell.com/...-Tax-and-Worldwide-G20-Protest

Banksters OWS

shared by Gary Edwards on 25 Oct 11 - No Cached
  • Gary Edwards on 25 Oct 11
     
    Occupy's busting out on a new path ... So Adbusters is asking people all around the world to march on Oct. 29. "We want to send a clear message that we the people want to slow down this global casino." And Adbusters does have one specific demand, a 1 percent tax on financial-sector transactions (perhaps stocks, bonds, foreign-currency trades and derivatives). Some form of that idea, known as the "Robin Hood" tax, has been around for a while and might actually fly. - Jerry Large/Seattle Times Dominant Social Theme: We want justice for the world and the UN will give it to us. Free-Market Analysis: Kalle Lasn, founder of Adbusters magazine, based in Vancouver, B.C. - the magazine that issued the call for the initial Occupy Wall Street protests - has called on people to protest the upcoming G20 while demanding a one-percent tax on financial transactions. The revenue raised would be enormous and the lingering question is where this incredible revenue stream would be directed. The answer is obvious to those who follow what we call "directed history." The intention is likely to fund the UN as part of a final push to rationalize and perfect the initial stages of true world government. As we have written before, the movement toward world government is happening very quickly now. The ramifications are enormous and people who write off these protests as spontaneous and short-lived are not grasping what is taking place, in our humble opinion. The financial sales tax has been around for a very long time but has found its most recent voice in a column by Jerry Large of the Seattle Times. He recently gained an exclusive interview with Kalle Lasn, who sounds as if he hopes that a large protest on Oct 29th will mark the beginning of a push for such a tax. What's going on is pure one-worldism, an OWS ideology that is gradually revealing itself in dribs and drabs. It is one reason that that the OWS leaders have made no specific demands. They have hoped to create a momentu
Paul Merrell

The Legend of the Phoenix - 0 views

www.informationclearinghouse.info/article37154.htm

war & peace drone attacks Phoenix-Program counter-insurgency

shared by Paul Merrell on 21 Dec 13 - No Cached
  • It would seem the CIA has gone back into their archives, blown the dust off the Phoenix Program, and put it into play again as the “Drone War.” The similarities with the Drone War are readily evident to anyone old enough to know of the Phoenix Program. For those who aren’t old enough or who have forgotten, the Phoenix Program is usually referred to as an assassination program and was the subject of investigation by the Senate’s “Church Committee.” Indisputably, thousands of South Vietnamese civilians were killed under this CIA directed program.
  • Phoenix was far more than a mere assassination program , however. It was a Counter-Insurgency, COIN, program, using the tactic of counter-terrorism, including assassination, against the insurgent’s so-called infrastructure. This was the Vietnamese civilian population in which the insurgent, the Viet Cong guerilla, operated and from some of whom they drew their support. To the U.S., these civilians were the Viet Cong Infrastructure, the VCI. And the VCI was the target to be terrorized by any means necessary in the hope that they would turn against the Viet Cong. The VCI would have included the families, close and extended kinship groups, of alleged active Viet Cong combatants, fellow villagers, and other Vietnamese civilians who were not actively opposed to the Viet Cong. Some of this “support” was voluntary and some coerced. As the Phoenix Program went on, with its assassinations, torture practices, and “disappearances,” more support became voluntary as Vietnamese peasants turned against the U.S. and the South Vietnamese government as a result of the program. An error in identification of a victim was irrelevant to those in control of the program, the CIA, as it still served the purpose of terrorizing the civilian population, which was the true purpose of the program.
  • For the Viet Cong, this was a classic example of achieving the guerilla’s goal of having a civilian population turn against a government by a government’s own harsh over-reaction to the guerilla threat. Today, a guerilla and the people whom they are amongst are deemed “terrorists” if they find themselves on the wrong side of a domestic conflict that the U.S. has taken a side in, such as Yemen. As we saw in Libya, and see in Syria, these guerillas can become instant U.S. allies who must be supported, if, or when, the U.S. makes policy changes. But unless those U.S. policy changes occur, these groups remain part of the global terrorist network of “associated forces” with al Qaeda, in the eyes of CIA and military officials, and targeted with drones. From the relatively large number of civilian victims of drone attacks as claimed by residents of Pakistan’s Federally Administered Tribal Areas (FATA) and the political party, Pakistan Tehreek Insaf (PTI), this Drone Program has all the hallmarks of the Phoenix Program.
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  • Without more transparency by the government, no other conclusion can be drawn that the reason we see so many civilians killed by drones, while denying it as John Brennan did, is because we are targeting civilians as the “infrastructure.” While Anwar al-Awlaki was declared to be an “operational leader,” with the extremely elastic category of “infrastructure” as used in Vietnam, his “operational” activity may have only been “spreading antigovernment propaganda and rumors,” as the Rand Corporation put it, which led to his extrajudicial execution. How many other American citizens might that reach?
  • Paul Merrell on 21 Dec 13
     
    Spot on analysis by a retired Navy lawyer who knows his U.S. military history.The striking parallels he points to between contemporary U.S. drone terrorism and the notorious Viet Nam War Phoenix Program terrorism are no accident. Among the super-hawks of the War Party, there has been a persistent meme that the U.S. military suffered no defeat in Viet Nam, that the vaunted "counter-insurgency" strategy and tactics were working, and that the war was lost by politicians and the American public who lost the nerve to continue the war.  If you put your blinders on firmly enough to pretend that the North and South Vietnamese were separate people, there's an element of truth to that myth. The South Vietnamese Viet Cong guerrillas were decimated by 1970. But the North and South Vietnamese were in fact one people of a single nation, who had united to defeat and evict the French military force. The division into two nations was to have been only a one-year thing, prelude to national election of a government for a reunited Viet Nam. It was the U.S. puppet government of the South that, realizing they could not win the election, reneged on allowing it in the South.  Long before the Viet Cong became a shadow of its former force, the Vietnamese from the North had responded to the betrayal of the treaty by sending North Vietnamese regular army troops ("NVA") to the South, spearheaded by the same battle-hardened men who had defeated the French. And the U.S. military was well and truly overwhelmed by the NVA's strategy and tactics, forced to retreat into strongholds from which they ventured only in force. The NVA's Tet Offensive in 1968 failed to succeed in the effort to capture multiple Vietnamese cities concurrently. But the number, weaponry, and power of their force caused Lyndon Johnson to realize that the U.S. generals had been lying to him, that the U.S. was not on the brink of victory, and that there was a very long slog ahead with an unknown outcome if the U.S. continu
Paul Merrell

European Human Rights Court Deals a Heavy Blow to the Lawfulness of Bulk Surveillance |... - 0 views

www.justsecurity.org/...w-lawfulness-bulk-surveillance

surveillance state bulk-collection ECHR litigation

shared by Paul Merrell on 11 Dec 15 - No Cached
  • In a seminal decision updating and consolidating its previous jurisprudence on surveillance, the Grand Chamber of the European Court of Human Rights took a sideways swing at mass surveillance programs last week, reiterating the centrality of “reasonable suspicion” to the authorization process and the need to ensure interception warrants are targeted to an individual or premises. The decision in Zakharov v. Russia — coming on the heels of the European Court of Justice’s strongly-worded condemnation in Schrems of interception systems that provide States with “generalised access” to the content of communications — is another blow to governments across Europe and the United States that continue to argue for the legitimacy and lawfulness of bulk collection programs. It also provoked the ire of the Russian government, prompting an immediate legislative move to give the Russian constitution precedence over Strasbourg judgments. The Grand Chamber’s judgment in Zakharov is especially notable because its subject matter — the Russian SORM system of interception, which includes the installation of equipment on telecommunications networks that subsequently enables the State direct access to the communications transiting through those networks — is similar in many ways to the interception systems currently enjoying public and judicial scrutiny in the United States, France, and the United Kingdom. Zakharov also provides a timely opportunity to compare the differences between UK and Russian law: Namely, Russian law requires prior independent authorization of interception measures, whereas neither the proposed UK law nor the existing legislative framework do.
  • The decision is lengthy and comprises a useful restatement and harmonization of the Court’s approach to standing (which it calls “victim status”) in surveillance cases, which is markedly different from that taken by the US Supreme Court. (Indeed, Judge Dedov’s separate but concurring opinion notes the contrast with Clapper v. Amnesty International.) It also addresses at length issues of supervision and oversight, as well as the role played by notification in ensuring the effectiveness of remedies. (Marko Milanovic discusses many of these issues here.) For the purpose of the ongoing debate around the legitimacy of bulk surveillance regimes under international human rights law, however, three particular conclusions of the Court are critical.
  • The Court took issue with legislation permitting the interception of communications for broad national, military, or economic security purposes (as well as for “ecological security” in the Russian case), absent any indication of the particular circumstances under which an individual’s communications may be intercepted. It said that such broadly worded statutes confer an “almost unlimited degree of discretion in determining which events or acts constitute such a threat and whether that threat is serious enough to justify secret surveillance” (para. 248). Such discretion cannot be unbounded. It can be limited through the requirement for prior judicial authorization of interception measures (para. 249). Non-judicial authorities may also be competent to authorize interception, provided they are sufficiently independent from the executive (para. 258). What is important, the Court said, is that the entity authorizing interception must be “capable of verifying the existence of a reasonable suspicion against the person concerned, in particular, whether there are factual indications for suspecting that person of planning, committing or having committed criminal acts or other acts that may give rise to secret surveillance measures, such as, for example, acts endangering national security” (para. 260). This finding clearly constitutes a significant threshold which a number of existing and pending European surveillance laws would not meet. For example, the existence of individualized reasonable suspicion runs contrary to the premise of signals intelligence programs where communications are intercepted in bulk; by definition, those programs collect information without any consideration of individualized suspicion. Yet the Court was clearly articulating the principle with national security-driven surveillance in mind, and with the knowledge that interception of communications in Russia is conducted by Russian intelligence on behalf of law enforcement agencies.
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  • This element of the Grand Chamber’s decision distinguishes it from prior jurisprudence of the Court, namely the decisions of the Third Section in Weber and Saravia v. Germany (2006) and of the Fourth Section in Liberty and Ors v. United Kingdom (2008). In both cases, the Court considered legislative frameworks which enable bulk interception of communications. (In the German case, the Court used the term “strategic monitoring,” while it referred to “more general programmes of surveillance” in Liberty.) In the latter case, the Fourth Section sought to depart from earlier European Commission of Human Rights — the court of first instance until 1998 — decisions which developed the requirements of the law in the context of surveillance measures targeted at specific individuals or addresses. It took note of the Weber decision which “was itself concerned with generalized ‘strategic monitoring’, rather than the monitoring of individuals” and concluded that there was no “ground to apply different principles concerning the accessibility and clarity of the rules governing the interception of individual communications, on the one hand, and more general programmes of surveillance, on the other” (para. 63). The Court in Liberty made no mention of any need for any prior or reasonable suspicion at all.
  • In Weber, reasonable suspicion was addressed only at the post-interception stage; that is, under the German system, bulk intercepted data could be transmitted from the German Federal Intelligence Service (BND) to law enforcement authorities without any prior suspicion. The Court found that the transmission of personal data without any specific prior suspicion, “in order to allow the institution of criminal proceedings against those being monitored” constituted a fairly serious interference with individuals’ privacy rights that could only be remedied by safeguards and protections limiting the extent to which such data could be used (para. 125). (In the context of that case, the Court found that Germany’s protections and restrictions were sufficient.) When you compare the language from these three cases, it would appear that the Grand Chamber in Zakharov is reasserting the requirement for individualized reasonable suspicion, including in national security cases, with full knowledge of the nature of surveillance considered by the Court in its two recent bulk interception cases.
  • The requirement of reasonable suspicion is bolstered by the Grand Chamber’s subsequent finding in Zakharov that the interception authorization (e.g., the court order or warrant) “must clearly identify a specific person to be placed under surveillance or a single set of premises as the premises in respect of which the authorisation is ordered. Such identification may be made by names, addresses, telephone numbers or other relevant information” (para. 264). In making this finding, it references paragraphs from Liberty describing the broad nature of the bulk interception warrants under British law. In that case, it was this description that led the Court to find the British legislation possessed insufficient clarity on the scope or manner of exercise of the State’s discretion to intercept communications. In one sense, therefore, the Grand Chamber seems to be retroactively annotating the Fourth Section’s Liberty decision so that it might become consistent with its decision in Zakharov. Without this revision, the Court would otherwise appear to depart to some extent — arguably, purposefully — from both Liberty and Weber.
  • Finally, the Grand Chamber took issue with the direct nature of the access enjoyed by Russian intelligence under the SORM system. The Court noted that this contributed to rendering oversight ineffective, despite the existence of a requirement for prior judicial authorization. Absent an obligation to demonstrate such prior authorization to the communications service provider, the likelihood that the system would be abused through “improper action by a dishonest, negligent or overly zealous official” was quite high (para. 270). Accordingly, “the requirement to show an interception authorisation to the communications service provider before obtaining access to a person’s communications is one of the important safeguards against abuse by the law-enforcement authorities” (para. 269). Again, this requirement arguably creates an unconquerable barrier for a number of modern bulk interception systems, which rely on the use of broad warrants to authorize the installation of, for example, fiber optic cable taps that facilitate the interception of all communications that cross those cables. In the United Kingdom, the Independent Reviewer of Terrorism Legislation David Anderson revealed in his essential inquiry into British surveillance in 2015, there are only 20 such warrants in existence at any time. Even if these 20 warrants are served on the relevant communications service providers upon the installation of cable taps, the nature of bulk interception deprives this of any genuine meaning, making the safeguard an empty one. Once a tap is installed for the purposes of bulk interception, the provider is cut out of the equation and can no longer play the role the Court found so crucial in Zakharov.
  • The Zakharov case not only levels a serious blow at bulk, untargeted surveillance regimes, it suggests the Grand Chamber’s intention to actively craft European Court of Human Rights jurisprudence in a manner that curtails such regimes. Any suggestion that the Grand Chamber’s decision was issued in ignorance of the technical capabilities or intentions of States and the continued preference for bulk interception systems should be dispelled; the oral argument in the case took place in September 2014, at a time when the Court had already indicated its intention to accord priority to cases arising out of the Snowden revelations. Indeed, the Court referenced such forthcoming cases in the fact sheet it issued after the Zakharov judgment was released. Any remaining doubt is eradicated through an inspection of the multiple references to the Snowden revelations in the judgment itself. In the main judgment, the Court excerpted text from the Director of the European Union Agency for Human Rights discussing Snowden, and in the separate opinion issued by Judge Dedov, he goes so far as to quote Edward Snowden: “With each court victory, with every change in the law, we demonstrate facts are more convincing than fear. As a society, we rediscover that the value of the right is not in what it hides, but in what it protects.”
  • The full implications of the Zakharov decision remain to be seen. However, it is likely we will not have to wait long to know whether the Grand Chamber intends to see the demise of bulk collection schemes; the three UK cases (Big Brother Watch & Ors v. United Kingdom, Bureau of Investigative Journalism & Alice Ross v. United Kingdom, and 10 Human Rights Organisations v. United Kingdom) pending before the Court have been fast-tracked, indicating the Court’s willingness to continue to confront the compliance of bulk collection schemes with human rights law. It is my hope that the approach in Zakharov hints at the Court’s conviction that bulk collection schemes lie beyond the bounds of permissible State surveillance.
Gary Edwards

Gadfly ONLINE | The Age of Neo-Feudalism: A Government of the Rich, by the Rich, and fo... - 2 views

www.gadflyonline.com/...the-age-of-neo-feudalism

new-fgeudalism ruling-class-elites New-World-Order Banksters Globalist Corporatists fascism

shared by Gary Edwards on 28 Mar 13 - No Cached
  • Gary Edwards on 28 Mar 13
     
    "THE AGE OF NEO-FEUDALISM: A GOVERNMENT OF THE RICH, BY THE RICH, AND FOR THE CORPORATIONS" excerpt: "The shaping of the will of Congress and the choosing of the American president has become a privilege reserved to the country's equestrian classes, a.k.a. the 20% of the population that holds 93% of the wealth, the happy few who run the corporations and the banks, own and operate the news and entertainment media, compose the laws and govern the universities, control the philanthropic foundations, the policy institutes, the casinos, and the sports arenas." - Journalist Lewis Lapham The pomp and circumstance of the presidential inauguration has died down. Members of Congress have taken their seats on Capitol Hill, and Barack Obama has reclaimed his seat in the White House. The circus of the presidential election has become a faint memory. The long months of debates, rallies, and political advertisements have slipped from our consciousness. Now we are left with the feeling that nothing has really changed, nor will it. This is not by accident. The media circus leading up to the elections, the name calling in the halls of Congress, the vitriol and barbs traded back and forth among people who are supposed to be working together to improve the country, are all components of the game set up by those who run the show. The movers and shakers behind these engaging, but ultimately trite, political exercises are the elite, the so-called upper class, who benefit from the status quo. This status quo is marked by an economic crisis with no end in sight, by the slow but steady growth of a police state aimed at the lowest rungs of society, and a political circus which keeps us enraptured long enough that we don't question what's really going on. Meanwhile, this elite, composed of corporations profiting off of our ignorance, avoid being brought to task for their destruction of democratic governance and the economy. These are the corporations who sent our econo
Gary Edwards

Google News - 0 views

news.google.com/?ar=1375391426

Libertarians freedom-liberty freedom-tyranny authoritarianism-individual-liberty

shared by Gary Edwards on 01 Aug 13 - No Cached
  • Gary Edwards on 01 Aug 13
     
    WOW!!! Incredible presentation concerning the history of Freedom vs. Tyranny. WOW!! If ever there's a MUST Watch, this is it. Very impressive and sweeping comparison of how authoritarian collectivist seize power in a free society and establish their tyrannies. My notes are listed below: How to recognize potential tyrants and keep them from seizing power. The urge to save humanity is always used to justify those who want to rule humanity. - ML Menken Daniel Webster on the Constitution Obstacles to Tyranny : Limited powers of government .... Due Process .... Presumption of Innocence .... Freedom to Dissent .... Armed Populace: The right to be Armed! Due Process .... 5th Amendment .... Emergency powers. there is no authorization in the US Constitution to suspend Due Process or any aspect of the Bill of Rights .... Asset Seizure Laws for criminal activities (alleged - without warrant or court order) .... Eminent Domain: seizure of private property for government uses: 2005 Kelo vs New London seizure based on jobs (economy) and tax revenue possibilities. .... 6th Amendment - right to trial by jury : plea bargaining admonition based on facing the awesome power of the government to prosecute no matter what - intimidation and threat of personal destruction. .... Forced confessions through plea bargaining. .... Indefinite detention without trial or charges: President has power to kill or issue orders without warrant, charges or trial .... Presumption of Innocence: Probable Cause .... Random stops at Border check points. 5th Amendment protections violated .... Sobriety Check Points: 4th and 5th Amendments violated - no presumption of innocence .... Random detention and questioning: airport security pat downs, housing projects, bus transportation .... The Right to Privacy: financial transactions and the IRS audit (without warrant or accusation) .... Warrant-less Spying .... Agents writing their own search warrants .... Snatch and Peek Freedom to Disse
Gary Edwards

Articles of Impeachment Against Obama - 0 views

blackrepublican.blogspot.com/...an-citizens-file-articles.html

Impeachment articles-of-impeachment

shared by Gary Edwards on 16 Aug 13 - No Cached
  • Gary Edwards on 16 Aug 13
     
    Sarasota, FL ( August 12, 2013) - The National Black Republican Association (NBRA) based in Sarasota, FL, headed by Chairman Frances Rice, filed Articles of Impeachment against President Barack Obama with the following language.   We, black American citizens, in order to free ourselves and our fellow citizens from governmental tyranny, do herewith submit these Articles of Impeachment to Congress for the removal of President Barack H. Obama, aka, Barry Soetoro, from office for his attack on liberty and commission of egregious acts of despotism that constitute high crimes and misdemeanors.   On July 4, 1776, the founders of our nation declared their independence from governmental tyranny and reaffirmed their faith in independence with the ratification of the Bill of Rights in 1791.   Asserting their right to break free from the tyranny of a nation that denied them the civil liberties that are our birthright, the founders declared:   "When a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security."  -  Declaration of Independence, July 4, 1776.   THE IMPEACHMENT POWER   Article II, Section IV of the United States Constitution provides: "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."   THE ARTICLES OF IMPEACHMENT   In his conduct of the office of President of the United States, Barack H. Obama, aka Barry Soetoro, personally and through his subordinates and agents, in violation or disregard of the constitutional rights of citizens and in violation of his constitutional duty to take care that the laws be faithfully executed, has prevented, obstructed, and impeded the administration of justice, in that:   ARTICL
Paul Merrell

Why Obama is bombing the Caliph - RT Op-Edge - 0 views

rt.com/...179716-why-obama-bomb-caliph

war & peace ISIL U.S.-foreign-policy Iraq Syria Benghazi Hillary Obama

shared by Paul Merrell on 26 Aug 14 - No Cached
  • This is the way the multi-trillion dollar Global War on Terror (GWOT) ends: not with a bang, but with a bigger bang. The GWOT, since its conceptualization 13 years ago, in the aftermath of 9/11, is the gift that keeps on giving. And no gift is bigger than a Transformer Al-Qaeda on steroids – bigger, brasher, and wealthier than anything Osama Bin Laden and Ayman al-Zawahiri had ever dreamt of; the IS (Islamic State, formerly known as ISIS) of Caliph Ibrahim, former Abu Bakr al-Baghdadi. US President Barack Obama, before deploying his golf holidays in Martha’s Vineyard, casually dropped that bombing the Caliph’s goons in Iraq will take months. One may interpret it as another layer of the Obama administration’s self-avowed “Don't Do Stupid Stuff” foreign policy doctrine, not so subtly mocked by prospective presidential candidate Hillary Clinton. Shock and Awe in 2003 destroyed the whole of Baghdad’s infrastructure in only a few hours. Obama also confirmed the US was showering Iraq again with humanitarian bombing “to protect American interests” (first and foremost) and, as an afterthought, “human rights in Iraq.” One could not possibly expect Obama to declare the US would now bomb “our” allies the House of Saud, who have supported/financed/weaponized IS, in Syria and Iraq. The same erstwhile ISIS that thoroughly enjoyed the marvels of US military training in a secret base in Jordan.
  • Obama also could not possibly explain why the US always supported ISIS in Syria and now decides to bomb them in Iraq. Oh, the perils of ‘Don’t Do Stupid Stuff’. So a quick translation applies.
  • Obama’s bombing of the Caliph’s goons has absolutely nothing to do with US ambassador to the UN Samantha Power’s much beloved R2P (‘responsibility to protect’) doctrine – as in the responsibility to protect up to 150,000 Yazidis, not to mention Kurds and remaining Christians, from a ‘potential’ genocide carried out by the Caliph’s goons. The whole fighter jets + drones bombing exercise, lasting ‘months’, has to do with the Benghazi syndrome. The Caliph’s goons were dead set on conquering Irbil - the capital of Iraqi Kurdistan. The Kurdistan Regional Government (KRG) is led by the wily Massoud Barzani – a long-time US client/vassal. The US maintains a consulate in Irbil. Crammed with CIA types. Or, as the New York Times so lovingly puts it, “thousands of Americans.” Enter Benghazi. This is an electoral year. Obama is absolutely terrified of another Benghazi – which Republicans have been trying non-stop to blame on his administration’s incompetence. The last thing Obama needs is the Caliph’s goons killing ‘diplomats’ in Erbil. That would certainly raise a tsunami of questions all over again about the shady CIA weapon-smuggling racket – as in arming Syrian ‘rebels’ with weapons from Libya - at the time Benghazi took place. As secretary of state, Hillary Clinton, of course, also knew about it all. But then, and especially now, no one should know that the CIA was weaponizing the bulk of the future Caliph’s forces.
  • ...4 more annotations...
  • Obama said this humanitarian bombing adventure could last “months,” but in fact it could last only days. The price is cheap: regime change. As in former Iraqi Prime Minister Nouri al-Maliki blocked from having a third term. That explains why all hell broke loose in Baghdad, as Iraqi parliamentarians clearly saw which way the wind is blowing. Haider al-Abadi was chosen by new President Fuad Masoum, a Kurd, as the new prime minister – hours after Maliki positioned Special Forces in strategic sites in and around the Green Zone and may (or may not) have tried to stage a coup. Maliki maintains that Masoum violated the Iraqi constitution by not selecting him to form a new cabinet; after all, his State of Law bloc got the most votes in last April’s parliamentary elections.
  • Obama, predictably, was delighted. But whatever happens next, Maliki won’t go down quietly – to say the least. Even as the predominant narrative among Sunnis, a substantial number of Kurds and even some Shiite political blocs is that Maliki antagonized Sunnis all-out; and that’s what drove them to support the Caliph en masse (although now many are having second thoughts.) As for the KRG and Barzani, in the Obama administration scheme of things, what matters is that they should not declare independence. As long as Barzani promises to Obama that Kurdistan stays inside Iraq, the KRG will get more bombs and drones and the ‘humanitarian’ operation will speed up. US Special Forces are already deployed all over the huge area where the Caliphate borders the KRG, in so-called desert forward operating positions. And the US for all practical purposes is now the Iraqi Air Force against the Caliph. Watch ‘the Hillarator’ This Obama administration warped R2P – protection for Americans first, refugees second – will accomplish nothing for a key reason; no bombing – ‘humanitarian’ or otherwise - exterminates a political/religious movement, even one as demented as IS. The Caliphate prospers, somewhat, and expands, because unlike that pathetic Free Syrian Army (FSA) it’s winning territory, desert and urban, in both Syria and Iraq; an area bigger than Great Britain already, holding at least 6 million people.
  • As for the much-peddled Washington myth of ‘good’ and ‘bad’ jihadists, the Caliphate also exploded it. Virtually every jihadi Washington - and Riyadh – weaponized and trained in Jordan and in the Turkey-Syria border is now among the Caliph’s goons, wallowing in cash raised from oil smuggling, hardcore blackmail and ‘donations’, and weaponized to their teeth after looting four Iraqi divisions and a Syrian brigade. As for the GWOT gift, it will keep on giving in a bigger and bigger bang because of the dream narrative now displayed for every aspiring multinational jihadi; we are now defending our Caliphate from the mighty Crusader Air Force, no less. The US lost the war in Iraq, miserably, only nine days after the fall of Baghdad, in April 2003. No ‘humanitarian’ bombing will turn it into a victory. And no ‘humanitarian’ bombing will finish the Caliphate off. As for prospective presidential candidate Hillary Clinton, she’s taking no prisoners. She insists the US should have bombed Syria in the first place; then there would be no Caliphate. But now she worries the Caliph will attack Europe and even the US (“I’m thinking a lot about containment, deterrence and defeat”). Predictably positioning herself, Clinton could not but totally dismiss Obama’s foreign policy doctrine, a.k.a. ‘Don’t do stupid stuff’: “‘Don’t do stupid stuff’ is not an organizing principle.” So the world will have to wait until 2017, when she’s finally able to implement her own doctrine/organizing principle: “We came, we saw, he died.”
  • This is the way the multi-trillion dollar Global War on Terror (GWOT) ends: not with a bang, but with a bigger bang. The GWOT, since its conceptualization 13 years ago, in the aftermath of 9/11, is the gift that keeps on giving. And no gift is bigger than a Transformer Al-Qaeda on steroids – bigger, brasher, and wealthier than anything Osama Bin Laden and Ayman al-Zawahiri had ever dreamt of; the IS (Islamic State, formerly known as ISIS) of Caliph Ibrahim, former Abu Bakr al-Baghdadi. US President Barack Obama, before deploying his golf holidays in Martha’s Vineyard, casually dropped that bombing the Caliph’s goons in Iraq will take months. One may interpret it as another layer of the Obama administration’s self-avowed “Don't Do Stupid Stuff” foreign policy doctrine, not so subtly mocked by prospective presidential candidate Hillary Clinton. Shock and Awe in 2003 destroyed the whole of Baghdad’s infrastructure in only a few hours. Obama also confirmed the US was showering Iraq again with humanitarian bombing “to protect American interests” (first and foremost) and, as an afterthought, “human rights in Iraq.”
  • Paul Merrell on 26 Aug 14
     
    "Enter Benghazi. This is an electoral year. Obama is absolutely terrified of another Benghazi - which Republicans have been trying non-stop to blame on his administration's incompetence. The last thing Obama needs is the Caliph's goons killing 'diplomats' in Erbil. "That would certainly raise a tsunami of questions all over again about the shady CIA weapon-smuggling racket - as in arming Syrian 'rebels' with weapons from Libya - at the time Benghazi took place. As secretary of state, Hillary Clinton, of course, also knew about it all. But then, and especially now, no one should know that the CIA was weaponizing the bulk of the future Caliph's forces." Yup. It's the same reason that the House investigation of the Benghazi incident will never punch through to the truth. The War Party doesn't want its Benghazi CIA ratline for Libyan weapons to Turkey being exposed because that leads directly to the fact that ISIS is a U.S.-Saudi creation. Remember Wayne Madsen's article on why Obama backed down from his planned missile and bombing attack on Syria after the Ghouta false flag Sarin attack in August 2013: ""Some within the Pentagon ranks are so displeased with Obama's policies on Syria, they have let certain members of Congress of both parties know that «smoking gun» proof exists that Obama and CIA director John O. Brennan personally authorized the transfer of arms and personnel from Al-Qaeda-linked Ansar al Sharia Islamist rebels in Libya to Syria's Jabhat al Nusra rebels, who are also linked to Al Qaeda, in what amounts to an illegal «Iran-contra»-like scandal." http://www.strategic-culture.org/news/2013/09/04/american-generals-stand-between-war-and-peace.html And the detailed confirmation that events had actually transpired in accordance with that plan by Yossef Bodansky - Director of the Congressional Task Force on Terrorism and Unconventional Warfare of the US House of Representatives from 1988 to 2004 and the center of an enormous global
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
Gary Edwards

Articles by Mark Dice - 0 views

markdice.com/index.php

Mark-Dice New-World-Order Illuminati Globalist Globalist-Elites

shared by Gary Edwards on 10 Jul 13 - No Cached
  • Gary Edwards on 10 Jul 13
     
    Libertarian writer and researcher, Mark Dice, has provided a list of articles he has written.  Mark's literary works include: ... "The Illuminati: Facts & Fiction" ...... separates and analyzes the various claims and evidence about the Illuminati, their history, beliefs, members, organizations, and activities. This is a supplement for Mark's previous book - ..... "The Resistance Manifesto",  which focuses more on the New World Order, the 9/11 attacks, Big Brother, and how the political agendas of the elite are fulfilling Bible prophecy.   .... "The New World Order" ....   His website, markdice.com has high light summary of his work that's quite interesting: A detailed analysis of the September 11th attacks and evidence they were aided by elements within U.S. and foreign intelligence agencies to be used as a reason to jumpstart the "War on Terror" and the erosion of privacy and personal liberties outlined in the constitution. The Knights Templar, the real Holy Grail, and the role the Templars played in the formation of the Illuminati mafia. Quotes from the original writings of the Illuminati founders and how the organization drew up plans over 200 years ago to take over every major institution of power and influence in the world through deception and criminal activity. An expose on the Bohemian Grove resort including quotes from President Richard Nixon, senator John Decamp, and information from Chris Jones who worked at the club and became an informant on the activities within the compound. The secrets of Freemasonry and a history of the organization and their influence on society and quotes from the bible of Freemasonry on how the organization knowingly deceives lower level members and nonmembers as to the true secrets and goals of the fraternity. The history and meaning of the mysterious Georgia Guidestones monument and why the elite want to reduce world population to 500 million by killing billions of people through wars and plagues. A history of
Gary Edwards

Of Bailouts, Bonuses, and Generational Responsibility from The Daily Bail - 0 views

www.google.com/...view

obammunism baby-boomers john-gallo financial-collapse

shared by Gary Edwards on 09 Apr 10 - No Cached
  • When one transfers the learned behavior of selfishness to the world of economics, it is east to see how we got to the world of adjustable rate mortgages, thirty-to-one leverage, credit default swaps, and thirty year hedge fund workers acting as is million dollar paychecks was an otherwise normal entitlement.  If it felt good, it was therefore right – and by all means, don’t rock the boat.  And what we are witnessing today in Washington and Wall Street in response to our economic crisis is nothing but a conscious and willing decision to pass off to the next generation the cost of our mistakes.
  • the fundamental principles of capitalism – namely that bad actors need to fail.
  • First and most foremost, the Congress needs to institute a modernized version of Glass-Stegall and separate commercial banking from investment banking activities. What we have seen in the abolishment Glass-Stegall (please thank Mr. Rubin formerly of Goldman Sachs) is the creation of federally subsidize casinos masquerading as publicly traded financial institutions.  They kept profits from over-leveraged bets and were kind enough to pass their losses onto the taxpayers.  Second, Congress needs to repeal legislation (Gramm-Leach) that allowed financial institutions not only to leverage in ways previously not permitted, but which also granted banks and financial situations exemption from federal gambling laws. Third, and this is where moral outrage hits home to those on Wall Street, we cannot live in a country in which any company is allowed to manipulate the levers of government in such a way as to make itself obscenely rich at the expense of the public.
  • ...11 more annotations...
  • We saw as we proceeded through life that pursuing one’s self-interest was rewarded just as often than doing what was right, that morals were relative, and that there would be no consequences to bad behavior. It became de rigueur to assume that our parents (and their lawyers) would save us from our bad behavior.
  • no consequences to irresponsible behavior.
  • it is hard to avoid the reality that my generation, the baby boomers who are now approaching retirement, have caused the greatest collapse of the world economy since the 1930s, and in the process damaged this country in ways we are now only beginning to understand.
  • Goldman is only the largest corporate contributor to the Obama administration
  • Looking back more eighteen months after the first signs of distress in our economy appeared, it seems that leaders in Congress and Wall Street have erred in a manner never before witnessed in this nation.  In the process, they have conspired through their collective arrogance, greed, and ignorance to damage the economy of the country (if not the world), make many themselves rich beyond the imaginations of most Americans, and in the process commit the greatest financial rape of the American public in the history of the country.  And if that does resonate, then either you have not been paying attention for the past two years, or you have received your paycheck form Goldman Sachs.
  • Capitalism remains the best economic system on the planet, but when those who have profited handsomely seek to socialize losses caused by their errors, then those in power in Washington have a moral responsibility to demand an accounting.  Our anger comes from the fact that our leaders have failed in their public obligations at the expense of the interests on Wall Street, and in the process created the greatest social divide that this country has seen in the past 40 years.
  • our nation has one of the highest ratios of debt to GDP on the globe
  • Finally, the administration should demand (I know it won’t) that Goldman Sachs return the approximately $13 billion it received in backdoor payments through AIG when AIG received $180 billion in bailout money. That $13 billion belongs to the taxpayers of this country, and the decision to allow Goldman to receive that money perhaps stands as the greatest moral outrage of this entire sordid affair.  
  • he nation will not die; to the contrary, it would become stronger if we permit free markets to work, and allow the next-generation to live unburdened by our mistakes and arrogance.
  • The proposal in question was Ryan's "Roadmap for America's Future," a sweeping plan to stave off the nation's looming economic and fiscal collapse by changing the tax code, overhauling the health care system, and reforming the nation's major entitlement programs. Its debt-reducing claims aren't based on mere fantasy -- the Congressional Budget Office has determined that the plan would boost economic growth while making Medicare and Social Security solvent. And it accomplishes these aims without raising taxes or affecting the benefits of current retirees.
  • There's no doubt where the Treasury will turn for finance. We are about to see the greatest stuffing of banks with government securities the world has ever seen. American banks will be forced to gorge on Treasury securities, and disgorge bank reserves. Where else can the government get the next trillion to spend on things like wars, unemployment benefits, and food stamps?There are a few obvious things to think about here. At the rate of $120 billion a month, it will only take about nine months to blow through over a trillion dollars in free bank reserves. Each Treasury auction will find it more difficult to sell all of the treasury securities, and it will take rising interest rates to coax out even more reserves from the banks. (When you need to borrow over $4 billion a day, even a trillion dollars doesn't last long.)
  • Gary Edwards on 09 Apr 10
     
    Wow!  This is the best response to the financial collapse i have read to date.  Exceptional in clarity, but written with a tone of mixed sorrow and shame.  Mr. Gallow places the blame exactly where it should be placed.  It's a generational thing with one exception Mr. Gallow overlooks - the Obama margin of victory was very much due to the massive turnout and votes of post baby boomer generations.  We boomers may have created and caused the financial collapse and destruction of America, but they were dumb enough to put the decline of capitalism and ordered liberty on marxist steroids. excerpt:  .... this is the first time that I have been so angered by incompetence and greed in government and Wall Street to express publicly my own thoughts.  In simple terms, what has dawned on me is that my generation, the "Baby Boomers" between the ages of 45 and 65, has emerged not as not the most significant or talented generation in our history (as we thought we were), but rather as the most self-absorbed and reckless. Because ours will be the first generation in the history of this country to leave to its successors a nation in worse shape than that which it inherited; put differently, we will be the first generation in this nation to have taken from our parents and stolen from our children. .. it is hard to avoid the reality that my generation, the baby boomers who are now approaching retirement, have caused the greatest collapse of the world economy since the 1930s, and in the process damaged this country in ways we are now only beginning to understand. ... Looking back more eighteen months after the first signs of distress in our economy appeared, it seems that leaders in Congress and Wall Street have erred in a manner never before witnessed in this nation.  In the process, they have conspired through their collective arrogance, greed, and ignorance to damage the economy of the country (if not the world), make many themselves rich beyond the imaginations of mo
Paul Merrell

From Radio to Porn, British Spies Track Web Users' Online Identities - 0 views

theintercept.com/...ck-web-users-online-identities

surveillance state GCHQ Black-Hole

shared by Paul Merrell on 27 Sep 15 - No Cached
  • HERE WAS A SIMPLE AIM at the heart of the top-secret program: Record the website browsing habits of “every visible user on the Internet.” Before long, billions of digital records about ordinary people’s online activities were being stored every day. Among them were details cataloging visits to porn, social media and news websites, search engines, chat forums, and blogs. The mass surveillance operation — code-named KARMA POLICE — was launched by British spies about seven years ago without any public debate or scrutiny. It was just one part of a giant global Internet spying apparatus built by the United Kingdom’s electronic eavesdropping agency, Government Communications Headquarters, or GCHQ. The revelations about the scope of the British agency’s surveillance are contained in documents obtained by The Intercept from National Security Agency whistleblower Edward Snowden. Previous reports based on the leaked files have exposed how GCHQ taps into Internet cables to monitor communications on a vast scale, but many details about what happens to the data after it has been vacuumed up have remained unclear.
  • Amid a renewed push from the U.K. government for more surveillance powers, more than two dozen documents being disclosed today by The Intercept reveal for the first time several major strands of GCHQ’s existing electronic eavesdropping capabilities.
  • The surveillance is underpinned by an opaque legal regime that has authorized GCHQ to sift through huge archives of metadata about the private phone calls, emails and Internet browsing logs of Brits, Americans, and any other citizens — all without a court order or judicial warrant
  • ...17 more annotations...
  • A huge volume of the Internet data GCHQ collects flows directly into a massive repository named Black Hole, which is at the core of the agency’s online spying operations, storing raw logs of intercepted material before it has been subject to analysis. Black Hole contains data collected by GCHQ as part of bulk “unselected” surveillance, meaning it is not focused on particular “selected” targets and instead includes troves of data indiscriminately swept up about ordinary people’s online activities. Between August 2007 and March 2009, GCHQ documents say that Black Hole was used to store more than 1.1 trillion “events” — a term the agency uses to refer to metadata records — with about 10 billion new entries added every day. As of March 2009, the largest slice of data Black Hole held — 41 percent — was about people’s Internet browsing histories. The rest included a combination of email and instant messenger records, details about search engine queries, information about social media activity, logs related to hacking operations, and data on people’s use of tools to browse the Internet anonymously.
  • Throughout this period, as smartphone sales started to boom, the frequency of people’s Internet use was steadily increasing. In tandem, British spies were working frantically to bolster their spying capabilities, with plans afoot to expand the size of Black Hole and other repositories to handle an avalanche of new data. By 2010, according to the documents, GCHQ was logging 30 billion metadata records per day. By 2012, collection had increased to 50 billion per day, and work was underway to double capacity to 100 billion. The agency was developing “unprecedented” techniques to perform what it called “population-scale” data mining, monitoring all communications across entire countries in an effort to detect patterns or behaviors deemed suspicious. It was creating what it said would be, by 2013, “the world’s biggest” surveillance engine “to run cyber operations and to access better, more valued data for customers to make a real world difference.”
  • A document from the GCHQ target analysis center (GTAC) shows the Black Hole repository’s structure.
  • The data is searched by GCHQ analysts in a hunt for behavior online that could be connected to terrorism or other criminal activity. But it has also served a broader and more controversial purpose — helping the agency hack into European companies’ computer networks. In the lead up to its secret mission targeting Netherlands-based Gemalto, the largest SIM card manufacturer in the world, GCHQ used MUTANT BROTH in an effort to identify the company’s employees so it could hack into their computers. The system helped the agency analyze intercepted Facebook cookies it believed were associated with Gemalto staff located at offices in France and Poland. GCHQ later successfully infiltrated Gemalto’s internal networks, stealing encryption keys produced by the company that protect the privacy of cell phone communications.
  • Similarly, MUTANT BROTH proved integral to GCHQ’s hack of Belgian telecommunications provider Belgacom. The agency entered IP addresses associated with Belgacom into MUTANT BROTH to uncover information about the company’s employees. Cookies associated with the IPs revealed the Google, Yahoo, and LinkedIn accounts of three Belgacom engineers, whose computers were then targeted by the agency and infected with malware. The hacking operation resulted in GCHQ gaining deep access into the most sensitive parts of Belgacom’s internal systems, granting British spies the ability to intercept communications passing through the company’s networks.
  • In March, a U.K. parliamentary committee published the findings of an 18-month review of GCHQ’s operations and called for an overhaul of the laws that regulate the spying. The committee raised concerns about the agency gathering what it described as “bulk personal datasets” being held about “a wide range of people.” However, it censored the section of the report describing what these “datasets” contained, despite acknowledging that they “may be highly intrusive.” The Snowden documents shine light on some of the core GCHQ bulk data-gathering programs that the committee was likely referring to — pulling back the veil of secrecy that has shielded some of the agency’s most controversial surveillance operations from public scrutiny. KARMA POLICE and MUTANT BROTH are among the key bulk collection systems. But they do not operate in isolation — and the scope of GCHQ’s spying extends far beyond them.
  • The agency operates a bewildering array of other eavesdropping systems, each serving its own specific purpose and designated a unique code name, such as: SOCIAL ANTHROPOID, which is used to analyze metadata on emails, instant messenger chats, social media connections and conversations, plus “telephony” metadata about phone calls, cell phone locations, text and multimedia messages; MEMORY HOLE, which logs queries entered into search engines and associates each search with an IP address; MARBLED GECKO, which sifts through details about searches people have entered into Google Maps and Google Earth; and INFINITE MONKEYS, which analyzes data about the usage of online bulletin boards and forums. GCHQ has other programs that it uses to analyze the content of intercepted communications, such as the full written body of emails and the audio of phone calls. One of the most important content collection capabilities is TEMPORA, which mines vast amounts of emails, instant messages, voice calls and other communications and makes them accessible through a Google-style search tool named XKEYSCORE.
  • As of September 2012, TEMPORA was collecting “more than 40 billion pieces of content a day” and it was being used to spy on people across Europe, the Middle East, and North Africa, according to a top-secret memo outlining the scope of the program. The existence of TEMPORA was first revealed by The Guardian in June 2013. To analyze all of the communications it intercepts and to build a profile of the individuals it is monitoring, GCHQ uses a variety of different tools that can pull together all of the relevant information and make it accessible through a single interface. SAMUEL PEPYS is one such tool, built by the British spies to analyze both the content and metadata of emails, browsing sessions, and instant messages as they are being intercepted in real time. One screenshot of SAMUEL PEPYS in action shows the agency using it to monitor an individual in Sweden who visited a page about GCHQ on the U.S.-based anti-secrecy website Cryptome.
  • Partly due to the U.K.’s geographic location — situated between the United States and the western edge of continental Europe — a large amount of the world’s Internet traffic passes through its territory across international data cables. In 2010, GCHQ noted that what amounted to “25 percent of all Internet traffic” was transiting the U.K. through some 1,600 different cables. The agency said that it could “survey the majority of the 1,600” and “select the most valuable to switch into our processing systems.”
  • According to Joss Wright, a research fellow at the University of Oxford’s Internet Institute, tapping into the cables allows GCHQ to monitor a large portion of foreign communications. But the cables also transport masses of wholly domestic British emails and online chats, because when anyone in the U.K. sends an email or visits a website, their computer will routinely send and receive data from servers that are located overseas. “I could send a message from my computer here [in England] to my wife’s computer in the next room and on its way it could go through the U.S., France, and other countries,” Wright says. “That’s just the way the Internet is designed.” In other words, Wright adds, that means “a lot” of British data and communications transit across international cables daily, and are liable to be swept into GCHQ’s databases.
  • A map from a classified GCHQ presentation about intercepting communications from undersea cables. GCHQ is authorized to conduct dragnet surveillance of the international data cables through so-called external warrants that are signed off by a government minister. The external warrants permit the agency to monitor communications in foreign countries as well as British citizens’ international calls and emails — for example, a call from Islamabad to London. They prohibit GCHQ from reading or listening to the content of “internal” U.K. to U.K. emails and phone calls, which are supposed to be filtered out from GCHQ’s systems if they are inadvertently intercepted unless additional authorization is granted to scrutinize them. However, the same rules do not apply to metadata. A little-known loophole in the law allows GCHQ to use external warrants to collect and analyze bulk metadata about the emails, phone calls, and Internet browsing activities of British people, citizens of closely allied countries, and others, regardless of whether the data is derived from domestic U.K. to U.K. communications and browsing sessions or otherwise. In March, the existence of this loophole was quietly acknowledged by the U.K. parliamentary committee’s surveillance review, which stated in a section of its report that “special protection and additional safeguards” did not apply to metadata swept up using external warrants and that domestic British metadata could therefore be lawfully “returned as a result of searches” conducted by GCHQ.
  • Perhaps unsurprisingly, GCHQ appears to have readily exploited this obscure legal technicality. Secret policy guidance papers issued to the agency’s analysts instruct them that they can sift through huge troves of indiscriminately collected metadata records to spy on anyone regardless of their nationality. The guidance makes clear that there is no exemption or extra privacy protection for British people or citizens from countries that are members of the Five Eyes, a surveillance alliance that the U.K. is part of alongside the U.S., Canada, Australia, and New Zealand. “If you are searching a purely Events only database such as MUTANT BROTH, the issue of location does not occur,” states one internal GCHQ policy document, which is marked with a “last modified” date of July 2012. The document adds that analysts are free to search the databases for British metadata “without further authorization” by inputing a U.K. “selector,” meaning a unique identifier such as a person’s email or IP address, username, or phone number. Authorization is “not needed for individuals in the U.K.,” another GCHQ document explains, because metadata has been judged “less intrusive than communications content.” All the spies are required to do to mine the metadata troves is write a short “justification” or “reason” for each search they conduct and then click a button on their computer screen.
  • Intelligence GCHQ collects on British persons of interest is shared with domestic security agency MI5, which usually takes the lead on spying operations within the U.K. MI5 conducts its own extensive domestic surveillance as part of a program called DIGINT (digital intelligence).
  • GCHQ’s documents suggest that it typically retains metadata for periods of between 30 days to six months. It stores the content of communications for a shorter period of time, varying between three to 30 days. The retention periods can be extended if deemed necessary for “cyber defense.” One secret policy paper dated from January 2010 lists the wide range of information the agency classes as metadata — including location data that could be used to track your movements, your email, instant messenger, and social networking “buddy lists,” logs showing who you have communicated with by phone or email, the passwords you use to access “communications services” (such as an email account), and information about websites you have viewed.
  • Records showing the full website addresses you have visited — for instance, www.gchq.gov.uk/what_we_do — are treated as content. But the first part of an address you have visited — for instance, www.gchq.gov.uk — is treated as metadata. In isolation, a single metadata record of a phone call, email, or website visit may not reveal much about a person’s private life, according to Ethan Zuckerman, director of Massachusetts Institute of Technology’s Center for Civic Media. But if accumulated and analyzed over a period of weeks or months, these details would be “extremely personal,” he told The Intercept, because they could reveal a person’s movements, habits, religious beliefs, political views, relationships, and even sexual preferences. For Zuckerman, who has studied the social and political ramifications of surveillance, the most concerning aspect of large-scale government data collection is that it can be “corrosive towards democracy” — leading to a chilling effect on freedom of expression and communication. “Once we know there’s a reasonable chance that we are being watched in one fashion or another it’s hard for that not to have a ‘panopticon effect,’” he said, “where we think and behave differently based on the assumption that people may be watching and paying attention to what we are doing.”
  • When compared to surveillance rules in place in the U.S., GCHQ notes in one document that the U.K. has “a light oversight regime.” The more lax British spying regulations are reflected in secret internal rules that highlight greater restrictions on how NSA databases can be accessed. The NSA’s troves can be searched for data on British citizens, one document states, but they cannot be mined for information about Americans or other citizens from countries in the Five Eyes alliance. No such constraints are placed on GCHQ’s own databases, which can be sifted for records on the phone calls, emails, and Internet usage of Brits, Americans, and citizens from any other country. The scope of GCHQ’s surveillance powers explain in part why Snowden told The Guardian in June 2013 that U.K. surveillance is “worse than the U.S.” In an interview with Der Spiegel in July 2013, Snowden added that British Internet cables were “radioactive” and joked: “Even the Queen’s selfies to the pool boy get logged.”
  • In recent years, the biggest barrier to GCHQ’s mass collection of data does not appear to have come in the form of legal or policy restrictions. Rather, it is the increased use of encryption technology that protects the privacy of communications that has posed the biggest potential hindrance to the agency’s activities. “The spread of encryption … threatens our ability to do effective target discovery/development,” says a top-secret report co-authored by an official from the British agency and an NSA employee in 2011. “Pertinent metadata events will be locked within the encrypted channels and difficult, if not impossible, to prise out,” the report says, adding that the agencies were working on a plan that would “(hopefully) allow our Internet Exploitation strategy to prevail.”
Gary Edwards

The End Of The Obama World Order - 0 views

www.blacklistednews.com/...M.html

Obama

shared by Gary Edwards on 19 Jan 17 - No Cached
  • Gary Edwards on 19 Jan 17
     
    "For the past eight years, Barack Obama has been using the power of the U.S. presidency to impose his vision of a progressive world order on the entire globe.  As a result, much of the planet will greatly celebrate once the Obama era officially ends on Friday.  The Obama years brought us the Arab Spring, Benghazi, ISIS, civil war in Syria, civil war in Ukraine and the Iran nuclear deal.  On the home front, we have had to deal with Obamacare, "Fast and Furious", IRS targeting of conservative groups, Solyndra, the VA scandal, NSA spying and the worst "economic recovery" since the end of World War II.  And right at the end of his presidency, Barack Obama has committed the greatest betrayal of Israel in U.S. history and has brought us dangerously close to war with Russia. So is the end of the Obama world order worth celebrating? You better believe it is. Of course Obama and his minions are in a great deal of distress that much of their hard work over the past eight years is about to be undone by Donald Trump.  On Wednesday, Vice President Joe Biden warned the elitists gathered at the World Economic Forum in Davos that their "liberal world order" is in danger of collapsing…     Vice President Joe Biden delivered an epic final speech Wednesday to the elites at the World Economic Forum in Davos, Switzerland.   The gist of his speech was simple: At a time of "uncertainty" we must double down on the values that made Western democracies great, and not allow the "liberal world order" to be torn apart by destructive forces. And without a doubt, we definitely want it to collapse. During his time in the White House, Barack Obama has used the full diplomatic power of the government to promote "abortion rights", "gay rights" and other "liberal values" to the farthest corners of the globe.  Here at home, the appointment of two new Supreme Court justices under Obama paved the way for the Supreme Court decision that forced all 50 state
Paul Merrell

Obama confidant's spine-chilling proposal - Salon.com - 0 views

www.salon.com/...sunstein_2

surveillance state psywar Sunstein Obama

shared by Paul Merrell on 06 Apr 14 - No Cached
  • Cass Sunstein has long been one of Barack Obama’s closest confidants.  Often mentioned as a likely Obama nominee to the Supreme Court, Sunstein is currently Obama’s head of the Office of Information and Regulatory Affairs where, among other things, he is responsible for “overseeing policies relating to privacy, information quality, and statistical programs.”  In 2008, while at Harvard Law School, Sunstein co-wrote a truly pernicious paper proposing that the U.S. Government employ teams of covert agents and pseudo-”independent” advocates to “cognitively infiltrate” online groups and websites — as well as other activist groups — which advocate views that Sunstein deems “false conspiracy theories” about the Government.  This would be designed to increase citizens’ faith in government officials and undermine the credibility of conspiracists.  The paper’s abstract can be read, and the full paper downloaded, here. Sunstein advocates that the Government’s stealth infiltration should be accomplished by sending covert agents into “chat rooms, online social networks, or even real-space groups.”  He also proposes that the Government make secret payments to so-called “independent” credible voices to bolster the Government’s messaging (on the ground that those who don’t believe government sources will be more inclined to listen to those who appear independent while secretly acting on behalf of the Government).   This program would target those advocating false “conspiracy theories,” which they define to mean: “an attempt to explain an event or practice by reference to the machinations of powerful people, who have also managed to conceal their role.”  Sunstein’s 2008 paper was flagged by this blogger, and then amplified in an excellent report by Raw Story‘s Daniel Tencer.
  • There’s no evidence that the Obama administration has actually implemented a program exactly of the type advocated by Sunstein, though in light of this paper and the fact that Sunstein’s position would include exactly such policies, that question certainly ought to be asked.  Regardless, Sunstein’s closeness to the President, as well as the highly influential position he occupies, merits an examination of the mentality behind what he wrote.  This isn’t an instance where some government official wrote a bizarre paper in college 30 years ago about matters unrelated to his official powers; this was written 18 months ago, at a time when the ascendancy of Sunstein’s close friend to the Presidency looked likely, in exactly the area he now oversees.  Additionally, the government-controlled messaging that Sunstein desires has been a prominent feature of U.S. Government actions over the last decade, including in some recently revealed practices of the current administration, and the mindset in which it is grounded explains a great deal about our political class.  All of that makes Sunstein’s paper worth examining in greater detail.
  • Initially, note how similar Sunstein’s proposal is to multiple, controversial stealth efforts by the Bush administration to secretly influence and shape our political debates.  The Bush Pentagon employed teams of former Generals to pose as “independent analysts” in the media while secretly coordinating their talking points and messaging about wars and detention policies with the Pentagon.  Bush officials secretly paid supposedly “independent” voices, such as Armstrong Williams and Maggie Gallagher, to advocate pro-Bush policies while failing to disclose their contracts.  In Iraq, the Bush Pentagon hired a company, Lincoln Park, which paid newspapers to plant pro-U.S. articles while pretending it came from Iraqi citizens.  In response to all of this, Democrats typically accused the Bush administration of engaging in government-sponsored propaganda — and when it was done domestically, suggested this was illegal propaganda.  Indeed, there is a very strong case to make that what Sunstein is advocating is itself illegal under long-standing statutes prohibiting government ”propaganda” within the U.S., aimed at American citizens: As explained in a March 21, 2005 report by the Congressional Research Service, “publicity or propaganda” is defined by the U.S. Government Accountability Office (GAO) to mean either (1) self-aggrandizement by public officials, (2) purely partisan activity, or (3) “covert propaganda.”  By covert propaganda, GAO means information which originates from the government but is unattributed and made to appear as though it came from a third party.
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  • Covert government propaganda is exactly what Sunstein craves.  His mentality is indistinguishable from the Bush mindset that led to these abuses, and he hardly tries to claim otherwise.  Indeed, he favorably cites both the covert Lincoln Park program as well as Paul Bremer’s closing of Iraqi newspapers which published stories the U.S. Government disliked, and justifies them as arguably necessary to combat “false conspiracy theories” in Iraq — the same goal Sunstein has for the U.S.Sunstein’s response to these criticisms is easy to find in what he writes, and is as telling as the proposal itself.  He acknowledges that some “conspiracy theories” previously dismissed as insane and fringe have turned out to be entirely true (his examples:  the CIA really did secretly administer LSD in “mind control” experiments; the DOD really did plot the commission of terrorist acts inside the U.S. with the intent to blame Castro; the Nixon White House really did bug the DNC headquarters).  Given that history, how could it possibly be justified for the U.S. Government to institute covert programs designed to undermine anti-government “conspiracy theories,” discredit government critics, and increase faith and trust in government pronouncements?  Because, says Sunstein, such powers are warranted only when wielded by truly well-intentioned government officials who want to spread The Truth and Do Good — i.e., when used by people like Cass Sunstein and Barack Obama
  • Throughout, we assume a well-motivated government that aims to eliminate conspiracy theories, or draw their poison, if and only if social welfare is improved by doing so. But it’s precisely because the Government is so often not “well-motivated” that such powers are so dangerous.  Advocating them on the ground that “we will use them well” is every authoritarian’s claim.  More than anything else, this is the toxic mentality that consumes our political culture:  when our side does X, X is Good, because we’re Good and are working for Good outcomes.  That was what led hordes of Bush followers to endorse the same large-government surveillance programs they long claimed to oppose, and what leads so many Obama supporters now to justify actions that they spent the last eight years opposing.
  • Consider the recent revelation that the Obama administration has been making very large, undisclosed payments to MIT Professor Jonathan Gruber to provide consultation on the President’s health care plan.  With this lucrative arrangement in place, Gruber spent the entire year offering public justifications for Obama’s health care plan, typically without disclosing these payments, and far worse, was repeatedly held out by the White House — falsely — as an “independent” or “objective” authority.  Obama allies in the media constantly cited Gruber’s analysis to support their defenses of the President’s plan, and the White House, in turn, then cited those media reports as proof that their plan would succeed.  This created an infinite “feedback loop” in favor of Obama’s health care plan which — unbeknownst to the public — was all being generated by someone who was receiving hundreds of thousands of dollars in secret from the administration (read this to see exactly how it worked).In other words, this arrangement was quite similar to the Armstrong Williams and Maggie Gallagher scandals which Democrats, in virtual lockstep, condemned.  Paul Krugman, for instance, in 2005 angrily lambasted right-wing pundits and policy analysts who received secret, undisclosed payments, and said they lack “intellectual integrity”; he specifically cited the Armstrong Williams case.  Yet the very same Paul Krugman last week attacked Marcy Wheeler for helping to uncover the Gruber payments by accusing her of being “just like the right-wingers with their endless supply of fake scandals.”  What is one key difference?  Unlike Williams and Gallagher, Jonathan Gruber is a Good, Well-Intentioned Person with Good Views — he favors health care — and so massive, undisclosed payments from the same administration he’s defending are dismissed as a “fake scandal.”
  • Sunstein himself — as part of his 2008 paper — explicitly advocates that the Government should pay what he calls “credible independent experts” to advocate on the Government’s behalf, a policy he says would be more effective because people don’t trust the Government itself and would only listen to people they believe are “independent.”  In so arguing, Sunstein cites the Armstrong Williams scandal not as something that is wrong in itself, but as a potential risk of this tactic (i.e., that it might leak out), and thus suggests that “government can supply these independent experts with information and perhaps prod them into action from behind the scenes,” but warns that “too close a connection will be self-defeating if it is exposed.”  In other words, Sunstein wants the Government to replicate the Armstrong Williams arrangement as a means of more credibly disseminating propaganda — i.e., pretending that someone is an “independent” expert when they’re actually being “prodded” and even paid “behind the scenes” by the Government — but he wants to be more careful about how the arrangement is described (don’t make the control explicit) so that embarrassment can be avoided if it ends up being exposed.  
  • In this 2008 paper, then, Sunstein advocated, in essence, exactly what the Obama administration has been doing all year with Gruber:  covertly paying people who can be falsely held up as “independent” analysts in order to more credibly promote the Government line.  Most Democrats agreed this was a deceitful and dangerous act when Bush did it, but with Obama and some of his supporters, undisclosed arrangements of this sort seem to be different.  Why?  Because, as Sunstein puts it:  we have “a well-motivated government” doing this so that “social welfare is improved.”  Thus, just like state secrets, indefinite detention, military commissions and covert, unauthorized wars, what was once deemed so pernicious during the Bush years — coordinated government/media propaganda — is instantaneously transformed into something Good.* * * * *What is most odious and revealing about Sunstein’s worldview is his condescending, self-loving belief that “false conspiracy theories” are largely the province of fringe, ignorant Internet masses and the Muslim world.  That, he claims, is where these conspiracy theories thrive most vibrantly, and he focuses on various 9/11 theories — both domestically and in Muslim countries — as his prime example.
  • It’s certainly true that one can easily find irrational conspiracy theories in those venues, but some of the most destructive “false conspiracy theories” have emanated from the very entity Sunstein wants to endow with covert propaganda power:  namely, the U.S. Government itself, along with its elite media defenders. Moreover, “crazy conspiracy theorist” has long been the favorite epithet of those same parties to discredit people trying to expose elite wrongdoing and corruption. Who is it who relentlessly spread “false conspiracy theories” of Saddam-engineered anthrax attacks and Iraq-created mushroom clouds and a Ba’athist/Al-Qaeda alliance — the most destructive conspiracy theories of the last generation?  And who is it who demonized as “conspiracy-mongers” people who warned that the U.S. Government was illegally spying on its citizens, systematically torturing people, attempting to establish permanent bases in the Middle East, or engineering massive bailout plans to transfer extreme wealth to the industries which own the Government?  The most chronic and dangerous purveyors of “conspiracy theory” games are the very people Sunstein thinks should be empowered to control our political debates through deceit and government resources:  namely, the Government itself and the Enlightened Elite like him.
  • It is this history of government deceit and wrongdoing that renders Sunstein’s desire to use covert propaganda to “undermine” anti-government speech so repugnant.  The reason conspiracy theories resonate so much is precisely that people have learned — rationally — to distrust government actions and statements.  Sunstein’s proposed covert propaganda scheme is a perfect illustration of why that is.  In other words, people don’t trust the Government and “conspiracy theories” are so pervasive precisely because government is typically filled with people like Cass Sunstein, who think that systematic deceit and government-sponsored manipulation are justified by their own Goodness and Superior Wisdom.
  • The point is that there are severe dangers to the Government covertly using its resources to “infiltrate” discussions and to shape political debates using undisclosed and manipulative means.  It’s called “covert propaganda” and it should be opposed regardless of who is in control of it or what its policy aims are. UPDATE II:  Ironically, this is the same administration that recently announced a new regulation dictating that “bloggers who review products must disclose any connection with advertisers, including, in most cases, the receipt of free products and whether or not they were paid in any way by advertisers, as occurs frequently.”  Without such disclosure, the administration reasoned, the public may not be aware of important hidden incentives (h/t pasquin).  Yet the same administration pays an MIT analyst hundreds of thousands of dollars to advocate their most controversial proposed program while they hold him out as “objective,” and selects as their Chief Regulator someone who wants government agents to covertly mold political discussions “anonymously or even with false identities.”
  • UPDATE III:  Just to get a sense for what an extremist Cass Sunstein is (which itself is ironic, given that his paper calls for ”cognitive infiltration of extremist groups,” as the Abstract puts it), marvel at this paragraph:
  • So Sunstein isn’t calling right now for proposals (1) and (2) — having Government ”ban conspiracy theorizing” or “impose some kind of tax on those who” do it — but he says “each will have a place under imaginable conditions.”  I’d love to know the “conditions” under which the government-enforced banning of conspiracy theories or the imposition of taxes on those who advocate them will “have a place.”  That would require, at a bare minumum, a repeal of the First Amendment.  Anyone who believes this should, for that reason alone, be barred from any meaningful government position.
  • Paul Merrell on 06 Apr 14
     
    This is a January 2010 article by Glenn Greenwald. The Sunstein paper referred to was published in 2008 and is at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1084585  Sunstein left the Obama Administration in 2012 and now teaches law at Harvard. He is the husband of U.S. Ambassador to the U.N. Susan Rice,a notorious neocon.  His paper is scholarly only in format. His major premises have no citations and in at least two cases are straw man logical fallacies that misportray the position of the groups he criticizes. This is "academic" work that a first-year-law student heading for a 1.0 grade point average could make mincemeat of. This paper alone would seem to disqualify him from a Supreme Court nomination and from teaching law. Has he never heard of the First Amendment and why didn't he bother to check whether it is legal to inflict propaganda on the American public? But strange things happen when you're a buddy of an American president. Most noteworthy, however, is that the paper unquestionably puts an advocate of waging psychological warfare against the foreign populations *and* the American public as the head of the White House White House OMB Office of Information and Regulatory Affairs from 2008 through 2012 and on Obama's short list for the Supreme Court. Given the long history of U.S. destabilization of foreign nations via propaganda, of foreign wars waged under false pretenses, of the ongoing barrage of false information disseminated by our federal government, can there be any reasonable doubt that the American public is not being manipulated by false propaganda disseminated by their own government?  An inquiring mind wants to know ...   
Paul Merrell

FindLaw | Cases and Codes - 0 views

caselaw.lp.findlaw.com/...getcase.pl

surveillance state NSA pen-register 4th Amendment

shared by Paul Merrell on 20 Jun 13 - No Cached
  • SMITH v. MARYLAND, 442 U.S. 735 (1979)
  • The telephone company, at police request, installed at its central offices a pen register to record the numbers dialed from the telephone at petitioner's home. Prior to his robbery trial, petitioner moved to suppress "all fruits derived from" the pen register. The Maryland trial court denied this motion, holding that the warrantless installation of the pen register did not violate the Fourth Amendment. Petitioner was convicted, and the Maryland Court of Appeals affirmed. Held: The installation and use of the pen register was not a "search" within the meaning of the Fourth Amendment, and hence no warrant was required. Pp. 739-746. (a) Application of the Fourth Amendment depends on whether the person invoking its protection can claim a "legitimate expectation of privacy" that has been invaded by government action. This inquiry normally embraces two questions: first, whether the individual has exhibited an actual (subjective) expectation of privacy; and second, whether his expectation is one that society is prepared to recognize as "reasonable." Katz v. United States, 389 U.S. 347 . Pp. 739-741.
  • (b) Petitioner in all probability entertained no actual expectation of privacy in the phone numbers he dialed, and even if he did, his expectation was not "legitimate." First, it is doubtful that telephone users in general have any expectation of privacy regarding the numbers they dial, since they typically know that they must convey phone numbers to the telephone company and that the company has facilities for recording this information and does in fact record it for various legitimate business purposes. And petitioner did not demonstrate an expectation of privacy merely by using his home phone rather than some other phone, since his conduct, although perhaps calculated to keep the contents of his conversation private, was not calculated to preserve the privacy of the number he dialed. Second, even if petitioner did harbor some subjective expectation of privacy, this expectation was not one that society is prepared to recognize as "reasonable." When petitioner voluntarily conveyed numerical information to the phone company and "exposed" that information to its equipment in the normal course of business, he assumed the risk that the company would reveal the information [442 U.S. 735, 736]   to the police, cf. United States v. Miller, 425 U.S. 435 . Pp. 741-746. 283 Md. 156, 389 A. 2d 858, affirmed.
  • Paul Merrell on 20 Jun 13
     
    The Washington Post has reported that "on July 15 [2001], the secret surveillance court allowed the NSA to resume bulk collection under the court's own authority. The opinion, which remains highly classified, was based on a provision of electronic surveillance law, known as "pen register, trap and trace," that was written to allow law enforcement officers to obtain the phone numbers of incoming and outgoing calls from a single telephone line." .  The seminal case on pen registers is the Supreme Court's 1979 Smith v. Maryland decision, bookmarked here and the Clerk's syllabus highlighted, with the Court's discussion on the same web page. We will be hearing a lot about this case decision in the weeks and months to come.  Let it suffice for now to record a few points of what my antenna are telling me:  -- Both technology and the law have moved on since then. We are 34 years down the line from the Smith decision. Its pronouncements have been sliced and diced by subsequent decisions. Not a single Justice who sat on the Smith case is still on the High Bench.   -- In Smith, a single pen register was used to obtain calling information from a single telephone number by law enforcement officials. In the present circumstance, we face an Orwellian situation of a secret intelligence agency with no law enforcement authority forbidden by law from conducting domestic surveillance perusing and all digital communications of the entire citizenry. -- The NSA has been gathering not only information analogous to pen register results but also the communications of American citizens themselves. The communications themselves --- the contents --- are subject to the 4th Amendment warrant requirement. Consider the circuitous route of the records ordered to be disclosed in the Verizon FISA order. Verizon was ordered to disclose them to the FBI, not to the NSA. But then the FBI apparently forwards the records to the NSA, who has both the "pen register
Paul Merrell

Failed NATO Invasion of Moldova SITREP, by Scott | The Vineyard of the Saker - 0 views

thesaker.is/ion-of-moldova-sitrep-by-scott

war & peace U.S.-foreign-policy Moldova coup-attempts

shared by Paul Merrell on 30 May 16 - No Cached
  • It’s hard to overestimate the value of planning in advance, especially when it comes to getting reservations in popular restaurants and invading countries by military force. In the week of the May 9th Victory Day two significant failures took place  each one remarkable in its own way. Each event went completely unreported by the Western corporate and government media, but discussed on Social Media.
  • In the following three weeks after the incident with the USS Florida, while Russia was preparing for Victory Day celebrations and all eyes were on Moscow, attention of Ukrainians was fully concentrated on the visit of Victoria Nuland to Kiev on April 26th allegedly to discuss the implementation of the Minsk II Agreement and the future elections in Donetsk and Lugansk republics. Since the day when President Putin said that the republics can have their elections anytime they want, the question of these elections ceased to be a subject of blackmail toward the Kremlin.   It appeared that the true reason for Nuland’s visit could be located to the west of Kiev, rather than the east. Just recently, Robert D. Kaplan, a former Stratfor’s Chief Geopolitical Analyst, and currently a senior fellow at the Center for a New American Security (CNAS) has published a book “In Europe’s Shadow” where he lays out a plan to reunite Romania with “its lost province of Moldova.” Nuland visited Moldova back in January, with the task to coerce Moldova’s government and its oligarchs to change the country’s Constitution provision of neutrality. Before she left, she gave a short speech at the American Embassy in Bucharest after a private dinner with PM Ciolos and President Klaus. “We powerfully support the desire of the people in Moldova to have responsible leaders who can implement reforms. This is the best way to assure the future of Moldova. Romania and the United States, in conjunction with NATO, have support programs in place to assure the security of Moldova but the government has to work to implement these programs.”
  • Moldova is one of the poorest countries in Eastern Europe, and its economy heavily relies on Russia. According to the CIA Fact Book: Moldova’s annual remittances of about $1.12 billion comes from the roughly one million Moldovans working in Europe, Russia, and other former Soviet Bloc countries; Moldova imports almost all of its energy supplies from Russia and Ukraine; Moldova’s dependence on Russian energy is underscored by a more than $5 billion debt to Russian natural gas supplier Gazprom; Moldova signed an Association Agreement and a Deep and Comprehensive Free Trade Agreement with the EU during fall 2014, however its biggest trade partner remains Russia. Everyone understands that a NATO membership will cut all economic ties with Russia, including jobs, and it will turn Moldova into a failed state, or in the CIA doublespeak, the country would stop being vulnerable to “Russian pressure.” Apparently, the failure of Moldova as a state, and its disappearance as a nation is also what the EU wants. On January 6, the new Moldovan Ambassador to Germany was presenting his credentials when, out of the blue, the German president asked the new ambassador what the procedure was for Republic of Moldova to formally unite with Romania. On May 4th, the Katehon reported on Vladimir Plahotniuc’s (the infamous Moldavian oligarch and mafia boss) visit to the US and his meeting with Victoria Nuland there. As the Victory Day celebration was approaching, we all fully anticipated from the US to conduct terror acts, military excursions/drills, and political and legal attacks on Russia as the US and the EU always do to harass Russia during its major national and Church holidays.
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  • Starting with April 21st,  we saw a flurry of “news” about Ukraine and Romania joining NATO Black Sea flotilla and the organization of Romanian-Ukrainian-Bulgarian brigade similar to that created by Poland. On April 26, Georgia (Gruzia) pitched in via the Georgia Today: “creation of NATO Black Sea Fleet Gains US Support” and praising Turkey, Bulgaria and Romania for calls to expand the Western military. All what Russia said to all this NATO generated noise was a brief statement of  Russia’s envoy to NATO Alexander Grushko. “NATO should be in a position to know that all necessary steps will be taken from our side to neutralize the emerging threats.” With all these  preparations for the war on Russia going on, NATO also planned military drills in neutral Moldova, chosen to start on May 2nd, the day of remembrance for the victims of the Odessa Massacre. Meanwhile, the patriots of Moldavia who worked together regardless of their political views, discovered something interesting and saved Moldova. NATO reported that for drills they would be entering Moldova in four formations, and that the total of motorized units will be 50+. However, the very first formation that made an attempt to enter the territory of Moldova contained 100+ unites. This was just one formation. And there was expected three more formations.
  • The plan of NATO was to enter the country with too large for this tiny country forces, to stage a bloody false flag attack during the Victory Day celebration in Moldova with the participation of Ukrainian Right Sector terrorists masquerading as “pro-Russia separatists.” This plot worked in Ukraine, so it should work in Moldova, right? That’s the true reason why Nuland was in Kiev two weeks prior. After this false flag attack, a Romanian fleet was planned to enter Ukrainian territorial waters “by invitation of the Ukrainian government” and arrive to Odessa in order to block Russian fleets from interfering and helping Transnistria. But… Coming back to the bizarre incident near Gibraltar, when one NATO member’s tiny 20 tone Costal Guards’ boat was attacked by another NATO member for interfering with the 18,000 tones behemoth of a submarine  of the third NATO member. The NATO plan apparently was to stealthy and quietly position the Ohio-class ballistic guided-missile submarine USS Florida (SSGN 728) in the Mediterranean or even in the Black Sea so it would be able to shoot into Moldova to overwhelm Moldovan minuscule defense forces. We have to remember that it was the USS Florida “that opened up the Libya intervention,” firing more than 90 cruise missiles to destroy Libya’s air defenses and clearing the way for NATO air strikes. “Never before in the history of the United States of America has one ship conducted that much land attack strikes, conventionally, in one short time period,” Rear Adm. Rick Breckenridge had said.
  • However, thanks to Spanish Costal Guards the submarine was discovered and talked about all around the world via social media and the press. The USS Florida had no other options but to retreat and return to home base. In fact, there were TWO incidents on the same April 16th  day involving the USS Florida. First, it was  the Spanish patrol boat belonged to the Servicio de Vigilancia Aduanera, at whom the British Navy opened  fire.  A bit later,  the Guardia Civil vessel Rio Cedeña tried to cut across the submarine’s bow and was photographed  by multiple witnesses.
  • According to V.V. Pyakin, a political analyst with the Concept Technologies Foundation, a think tank located in St. Petersburg, NATO was in a process of conducting a full-scale invasion of Moldova with the annexation of a Southern part of Ukraine including Odessa to construct a NATO Navy base there. Moldova was supposed to become a part of Romania automatically with the US military forces arriving to the capital and taking  over the government of Moldova. That’s why NATO needed all those military “drills” in the Black Sea region and in the Baltics simultaneously. When the patriotic forces of Moldavia discovered that NATO was about to enter the territory of Moldova in four formations, 100+ motorized units each, they protested loudly and blocked the entrance of NATO troops on the border. Meanwhile, the biggest political fraction in Moldova threatened with the impeachment of the president for treason, if  NATO troops would be allowed to enter the country. Reports from Moldova at the time disclosed that American troops stopped at the border crossing didn’t have proper ID and other papers. Moldovans came to greet them with the banners “Moldova is a neutral country” and “Stop bases of NATO,” “Stop NATO” and “NATO go home.” As the result, on April 28th only about 60 units and 200 servicemen the U.S. Army 2nd Cavalry Regimental Engineer Squadron were allowed to enter the country.
  • When a formation of American military crossed the Romanian-Moldova border allegedly to take part in  Dragon Pioneer 2016 NATO military drills, Moldavian opposition leaders expressed protests. Several members of the Parliament blocked the road.  They reported to Russian and international media and news outlets that the US troops didn’t have an international agreement signed by the defense ministers of Moldova and USA. They also lacked a legal government agreement on the entrance of the heavy military equipment and weaponry to the territory of the country. 60% of American servicemen didn’t have valid military IDs. According to a TASS report,  “To prevent collisions, officers from the Fulger (Lightning) police battalion of special purpose intervened, which were specially delivered from Chisinau. After checking the documents, a column of military vehicles followed the US to the place of temporary location at the site of Negresht,” said the inspectorate.” “The initiative to invite the US troops into the country and hold the exhibition of American technology belongs to the Minister of Defense of Moldova Anatol Șalaru, who is famous for the organization of the “Museum of Soviet occupation” in Chisinau, calls to repeal neutrality and make the country a member of NATO, and the fight against monuments of the Soviet era.” This move was harshly criticized by Igor Dodon, whose party has the largest faction in Parliament and controls a quarter of the seats.
  • He stated: “We believe military exercises involving US troops on Moldovan territory is a flagrant violation of the constitutional principle of neutrality of Moldova. In this regard, the deputies from the Party of socialists have already initiated a number of procedures. They will continue, and this will be one of the reasons for introducing in May the initiative to dismiss the government.” By Victory Day it became apparent that the Nuland-Kogan-NATO plan for invasion of Moldova was foiled. All Americans could do was   to “crush” a Victory Day parade in the center of Moldova’s capital by coming uninvited and bringing their motorized vehicles to it. And that’s where NATO troops and Moldovan patriots came face to face. Pindos lost their freaking mind:  An American Colonel demands from the citizen of Moldova to leave the central square ПИНДОСЫ ОХРЕНЕЛИ В КОНЕЦ! Американский полковник предлагает покинуть центральную площадь Кишинева гражданину РМ pic.twitter.com/FfECO3NBXi — Серж Высоцкий (@Albertich50) May 12, 2016 An American Colonel demands from the citizen of Moldova to leave the central square
Paul Merrell

IPS - Obama's Case for Syria Didn't Reflect Intel Consensus | Inter Press Service - 0 views

www.ipsnews.net/...-didnt-reflect-intel-consensus

war & peace Syria WMD Obama lies

shared by Paul Merrell on 10 Sep 13 - No Cached
  • Contrary to the general impression in Congress and the news media, the Syria chemical warfare intelligence summary released by the Barack Obama administration Aug. 30 did not represent an intelligence community assessment, an IPS analysis and interviews with former intelligence officials reveals. The evidence indicates that Director of National Intelligence James Clapper culled intelligence analyses from various agencies and by the White House itself, but that the White House itself had the final say in the contents of the document. Leading members of Congress to believe that the document was an intelligence community assessment and thus represents a credible picture of the intelligence on the alleged chemical attack of Aug. 21 has been a central element in the Obama administration’s case for war in Syria. That part of the strategy, at least, has been successful. Despite strong opposition in Congress to the proposed military strike in Syria, no one in either chamber has yet challenged the administration’s characterisation of the intelligence. But the administration is vulnerable to the charge that it has put out an intelligence document that does not fully and accurately reflect the views of intelligence analysts. Former intelligence officials told IPS that that the paper does not represent a genuine intelligence community assessment but rather one reflecting a predominantly Obama administration influence.
  • In essence, the White House selected those elements of the intelligence community assessments that supported the administration’s policy of planning a strike against the Syrian government force and omitted those that didn’t. In a radical departure from normal practice involving summaries or excerpts of intelligence documents that are made public, the Syria chemical weapons intelligence summary document was not released by the Office of the Director of National Intelligence but by the White House Office of the Press Secretary. It was titled “Government Assessment of the Syrian Government’s Use of Chemical Weapons on August 21, 2013.” The first sentence begins, “The United States government assesses,” and the second sentence begins, “We assess”. The introductory paragraph refers to the main body of the text as a summary of “the intelligence community’s analysis” of the issue, rather than as an “intelligence community assessment”, which would have been used had the entire intelligence community endorsed the document.
  • A former senior intelligence official who asked not to be identified told IPS in an e-mail Friday that the language used by the White House “means that this is not an intelligence community document”. The former senior official, who held dozens of security classifications over a decades-long intelligence career, said he had “never seen a document about an international crisis at any classification described/slugged as a U.S. government assessment.” The document further indicates that the administration “decided on a position and cherry-picked the intelligence to fit it,” he said. “The result is not a balanced assessment of the intelligence.” Greg Thielmann, whose last position before retiring from the State Department was director of the Strategic, Proliferation and Military Affairs Office in the Bureau of Intelligence and Research, told IPS he has never seen a government document labeled “Government Assessment” either. “If it’s an intelligence assessment,” Thielmann said, “why didn’t they label it as such?”
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  • Former National Intelligence Officer Paul Pillar, who has participated in drafting national intelligence estimates, said the intelligence assessment summary released by the White House “is evidently an administration document, and the working master copy may have been in someone’s computer at the White House or National Security Council.” Pillar suggested that senior intelligence officials might have signed off on the administration paper, but that the White House may have drafted its own paper to “avoid attention to analytic differences within the intelligence community.” Comparable intelligence community assessments in the past, he observed – including the 2002 Iraq WMD estimate – include indications of differences in assessment among elements of the community. An unnamed “senior administration official” briefing the news media on the intelligence paper on Aug. 30 said that the paper was “fully vetted within the intelligence community,” and that, ”All members of the intelligence community participated in its development.”
  • But that statement fell far short of asserting that all the elements of the intelligence community had approved the paper in question, or even that it had gone through anything resembling consultations between the primary drafters and other analysts, and opportunities for agencies to register dissent that typically accompany intelligence community assessments. The same “senior administration official” indicated that DNI Clapper had “approved” submissions from various agencies for what the official called “the process”. The anonymous speaker did not explain further to journalists what that process preceding the issuance of the White House paper had involved. However, an Associated Press story on Aug. 29 referred to “a report by the Office of the Director of National Intelligence outlining the evidence against Syria”, citing two intelligence officials and two other administration officials as sources. That article suggests that the administration had originally planned for the report on intelligence to be issued by Clapper rather than the White House, apparently after reaching agreement with the White House on the contents of the paper. But Clapper’s name was not on the final document issued by the White House, and the document is nowhere to be found on the ODNI website. All previous intelligence community assessments were posted on that site.
  • The issuance of the document by the White House rather than by Clapper, as had been apparently planned, points to a refusal by Clapper to put his name on the document as revised by the White House. Clapper’s refusal to endorse it – presumably because it was too obviously an exercise in “cherry picking” intelligence to support a decision for war – would explain why the document had to be issued by the White House. Efforts by IPS to get a comment from the Office of the Director of National Intelligence suggest strongly that Clapper is embarrassed by the way the Obama White House misrepresented the Aug. 30 document.
  • An e-mail query by IPS to the media relations staff of ODNI requesting clarification of the status of the Aug. 30 document in relation to the intelligence community was never answered. In follow-up phone calls, ODNI personnel said someone would respond to the query. After failing to respond for two days, despite promising that someone would call back, however, ODNI’s media relations office apparently decided to refuse any further contact with IPS on the subject. A clear indication that the White House, rather than Clapper, had the final say on the content of the document is that it includes a statement that a “preliminary U.S. government assessment determined that 1,429 people were killed in the chemical weapons attack, including at least 426 children.” That figure, for which no source was indicated, was several times larger than the estimates given by British and French intelligence. The document issued by the White House cites intelligence that is either obviously ambiguous at best or is of doubtful authenticity, or both, as firm evidence that the Syrian government carried out a chemical weapons attack. It claims that Syrian chemical weapons specialists were preparing for such an attack merely on the basis of signals intelligence indicating the presence of one or more individuals in a particular location. The same intelligence had been regarded prior to Aug. 21 as indicating nothing out of the ordinary, as was reported by CBS news Aug. 23.
  • he paper also cites a purported intercept by U.S intelligence of conversations between Syrian officials in which a “senior official” supposedly “confirmed” that the government had carried out the chemical weapons attack. But the evidence appears to indicate that the alleged intercept was actually passed on to the United States by Israeli intelligence. U.S. intelligence officials have long been doubtful about intelligence from Israeli sources that is clearly in line with Israeli interests. Opponents of the proposed U.S. strike against Syria could argue that the Obama administration’s presentation of the intelligence supporting war is far more politicised than the flawed 2002 Iraq WMD estimate that the George W. Bush administration cited as part of the justification for the invasion of Iraq.
  • Paul Merrell on 10 Sep 13
     
    If you vote for either a Democrat or Republican for President, you are in reality voting for the War Party and it will use the same dirty tricks to start the dirty wars. Bush Administration lied to make war against Iraq. Obama lies to get us into Syria. Maybe it's time to launch a "Peace Party" that calls Dems and Repubs out for what they really are, loyal servants of the War Party.  A single issue party aimed at peeling off the the Republican and Democrat disguises from the War Partiers.    Just daydreaming. Homo sapiens have been a vicious lot as far back as archaeology can take us.  We just enhance our destructiveness as the time line moves forward. 
Paul Merrell

Americans on Wrong Side of Income Gap Run Out of Means to Cope - 0 views

www.moneynews.com/...544365

financial-collapse income inequality statistics Obama Boehner

shared by Paul Merrell on 02 Jan 14 - No Cached
  • “We’ve exhausted our coping mechanisms,” said Alan Krueger, an economics professor at Princeton University in New Jersey and former chairman of President Barack Obama’s Council of Economic Advisers. “They weren’t sustainable.” The result has been a downsizing of expectations. By almost two to one — 64 percent to 33 percent — Americans say the U.S. no longer offers everyone an equal chance to get ahead, according to the latest Bloomberg National Poll. The lack of faith is especially pronounced among those making less than $50,000 a year, with close to three-quarters in the Dec. 6-9 survey saying the economy is unfair.
  • The diminished expectations have implications for the economy. Workers are clinging to their jobs as prospects fade for higher-paying employment. Households are socking away more money and charging less on credit cards. And young adults are living with their parents longer rather than venturing out on their own. In the meantime, record-high stock prices are enriching wealthier Americans, exacerbating polarization and bringing income inequality to the political forefront. Even independent government agencies like the Securities and Exchange Commission and the Federal Reserve have been dragged into the debate.
  • “The basic bargain at the heart of our economy has frayed,” Obama said in a Dec. 4 speech in Washington. “This is the defining challenge of our time: Making sure our economy works for every working American.” Democratic lawmakers also intend to press next year for a higher minimum wage to tackle the yawning gap between rich and poor, Durbin said. Republicans aren’t ceding the issue. “The American dream is certainly more in doubt than in decades,” House Speaker John Boehner of Ohio said in response to Obama’s speech. “But after more than five years in office, the president has no one to blame but himself.”
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  • Income inequality has been rising more or less steadily since the mid-1970s. The Gini coefficient, a broad-based measure of inequality, stood at a record high last year, according to Census Bureau data dating back 46 years.
  • Women who became unemployed during the recession and its aftermath have been slower to find new positions. Among women losing jobs they’d held for at least three years between January 2009 and the end of 2011, 50 percent were re-employed by the start of 2012, while the share for men was 61 percent, according to a Bureau of Labor Statistics report released in February. Households turned to stepped-up borrowing to help make ends meet, until that avenue was shut off by the collapse of house prices. About 10.8 million homeowners still owed more money on their mortgages than their properties were worth in the third quarter, according to Seattle-based Zillow Inc. The fallout has made many Americans less inclined to take risks. The quits rate — the proportion of Americans in the workforce who voluntarily left their jobs — stood at 1.7 percent in October. While that’s up from 1.5 percent a year earlier, it’s below the 2.2 percent average for 2006, the year house prices started falling, government data show.
  • “The middle has really collapsed,” said Lawrence Katz, an economics professor at Harvard University in Cambridge, Massachusetts, and a former chief economist at the Labor Department in Washington. Even those with college degrees are having trouble keeping up, he said. While they earn more than those with less schooling, they’ve seen no real wage growth in recent years. The median income of men 25 years of age and older with a bachelor’s degree was $56,656 last year, 10 percent less than in 2007 after taking account of inflation, according to Census data.
  • It’s the richest of the rich who are reaping the most benefit as an increasingly interconnected and technologically sophisticated world puts a premium on those perceived to have the highest skills — a phenomenon dubbed “winner take all” by Cornell University Professor Robert Frank. Government policies also play a role. The Treasury Department, for instance, taxes capital gains racked up by the wealthy on the sale of shares, bonds and other assets at about half the rate of ordinary income. The top 1 percent captured 95 percent of the gains in incomes in the first three years of the recovery, based on analysis of tax returns by Saez. Those less well-off, meanwhile, are running out of ways to cope. The percentage of working-age women who are in the labor force steadily climbed from a post-World War II low of 32 percent to a peak of 60.3 percent in April 2000, fueling a jump in dual-income households and helping Americans deal with slow wage growth for a while. Since the recession ended, the workforce participation rate for women has been in decline, echoing a longer-running trend among men. November data showed 57 percent of women in the labor force and 69.4 percent of men.
  • The disparity has widened since the recovery began in mid-2009. The richest 10 percent of Americans earned a larger share of income last year than at any time since 1917, according to Emmanuel Saez, an economist at the University of California at Berkeley. Those in the top one-tenth of income distribution made at least $146,000 in 2012, almost 12 times what those in the bottom tenth made, Census Bureau data show. Economists have posited a variety of explanations for the growing differences in incomes. Manufacturing companies moved once high-paying jobs abroad, to China and elsewhere. Technological advances led to the loss of clerical and office work, especially relating to routine tasks. The decline of unions — 11.3 percent of workers were represented in 2012 compared with 20.1 percent in 1983 — has advantaged bosses at the expense of their employees.
  • Millennials — adults aged 18 to 32 — are still slow to set out on their own more than four years after the recession ended, according to an Oct. 18 report by the Pew Research Center in Washington. Just over one in three head their own households, close to a 38-year low set in 2010. Obama has proposed a raft of policies to attack the widening wage gap — from simplifying the tax code and increasing exports to enhancing worker training and boosting pre-kindergarten education. Yet in a divided Washington he hasn’t made much progress pushing them through. The president’s renewed focus on income inequality has more to do with politics than policy, said Douglas Holtz-Eakin, president of the American Action Forum, a self-described center- right institute in Washington.
  • “It’s great politics to demagogue income distribution and complain about the rich getting ahead and the poor falling behind,” said Holtz-Eakin, a former Congressional Budget Office director. “The substance of what he’s actually done doesn’t match the enormity of the problem as he’s portrayed it.”
  • The wage-gap debate has reverberated to other parts of Washington, as the SEC published a rule Sept. 18 that would compel public companies to reveal pay ratios between chief executives and their employees. While businesses have decried the requirement as overreach, some investors welcome the data as a way to help assess a company’s health.
  • Across companies in the S&P 500, the average multiple of CEO compensation to that of rank-and-file workers is 204, up 20 percent since 2009, according to data compiled by Bloomberg in April. The Fed also has been caught up in the debate over growing income disparities. Lawmakers from both parties have questioned whether its bond-buying policy, called quantitative easing, has benefited the rich at the expense of those less well-off by boosting prices of stocks and other assets.
  • The S&P 500 stock index has risen 29 percent in 2013. The richest third of U.S. households account for 89 percent of all equities ownership, according to the Center for Retirement Research at Boston College.
  • Janet Yellen, nominated to take over as Fed chairman next year, defended the central bank’s actions at a Senate Banking Committee hearing on Nov. 14. “The policies we’ve undertaken have been meant to generate a robust recovery,” Yellen told the committee. The growing calls for action to reduce income inequality have translated into a national push for a higher minimum wage. Fast-food workers in 100 cities took to the streets Dec. 5 to demand a $15 hourly salary.
  • Paul Merrell on 02 Jan 14
     
    Monetary policy of, by, and for banksters continues in the U.S. One irony is that banksters press for transition to an all digital currency so that savers can be penalized, a blatant "trickle-up"economic policy, whilst also pressing for more bank bailouts, wielding the thoroughly-discredited "trickle down" economic theory. But "trickle down" theory, in the context of bank bailouts, has not successfully trickled down and the only beneficiaries have been the few Americans who can still invest in the stock market, paying the highest dividends to the wealthiest among us. Has their ever been a time when the stock market's behavior has been so divorced from the well-being of the middle and lower economic classes? I doubt there has been at least in the last 50 years. Where would we be if the bank bail-out trillions had instead been mailed as checks to the middle and lower economic classes? "Trickle up" works and that is what built the American economy to its peak in inflation-adjusted dollars -- an affluent middle class. But do not expect leadership from Washington, D.C. in correcting income inquequality; only political rhetoric and a fight over extension of unemployment benefits, now lapsed. "According to the World Bank, the GINI coefficient "measures the extent to which the distribution of income or consumption expenditure among individuals households within an economy deviates from a perfectly equal distribution." Therefore it is used as an indication of income inequality within countries. ... In the late 2000s, Chile had the highest GINI coefficient, after taxes and transfers, among OECD member countries. The United States, Turkey and Mexico came right before it. At the other end of the scale, Slovenia, Denmark and Norway led the ranking with the lowest levels of income inequality." http://www.gfmag.com/tools/global-database/economic-data/11944-wealth-distribution-income-inequality.html#ixzz2pGpv4xGZ Higher minimum wages? How about instead abolishing the Feder
Paul Merrell

Smoking gun emails reveal 'deal in blood' George Bush and Tony Blair made as they secre... - 0 views

www.dailymail.co.uk/...ors-YEAR-invasion-started.html

war & peace Blair Bush2 Powell Iraq Hillary-emails

shared by Paul Merrell on 19 Oct 15 - No Cached
  • A bombshell White House memo has revealed for the first time details of the ‘deal in blood’ forged by George Bush and Tony Blair over the Iraq War.The damning memo, from secretary of state Colin Powell to president George Bush, was written on March 28, 2002, a week before Bush’s famous summit with Blair at his Crawford ranch in Texas.The Powell document, headed ‘Secret... Memorandum for the President’, lifts the lid on how Blair and Bush secretly plotted the war behind closed doors at Crawford. In it, Powell tells Bush that Blair ‘will be with us’ on military action. Powell assures the president: ‘The UK will follow our lead’.The classified document also discloses that Blair agreed to act as a glorified spin doctor for the president by presenting ‘public affairs lines’ to convince a skeptical public that Saddam had Weapons of Mass Destruction - when none existed.In return, the president would flatter Blair’s ego and give the impression that Britain was not America’s poodle but an equal partner in the ‘special relationship’. 
  • The sensational leak shows that Blair had given an unqualified pledge to sign up to the conflict a year before the invasion started.It flies in the face of the UK Prime Minister’s public claims at the time that he was seeking a diplomatic solution to the crisis.He told voters: ‘We’re not proposing military action’ - in direct contrast to what the secret email now reveals. 
  • The disclosure is certain to lead for calls for Sir John Chilcot to reopen his inquiry into the Iraq War if, as is believed, he has not seen the Powell memo.A second explosive memo from the same cache also reveals how Bush used ‘spies’ in the Labour Party to help him to manipulate British public opinion in favor of the war.The documents, obtained by The Mail on Sunday, are part of a batch of secret emails held on the private server of Democratic presidential candidate Hillary Clinton which U.S. courts have forced her to reveal.Former UK Conservative shadow home secretary David Davis said: ‘The memos prove in explicit terms what many of us have believed all along: Tony Blair effectively agreed to act as a frontman for American foreign policy in advance of any decision by the House of Commons or the British Cabinet.
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  • ‘He was happy to launder George Bush’s policy on Iraq and sub-contract British foreign policy to another country without having the remotest ability to have any real influence over it. And in return for what?'For George Bush pretending Blair was a player on the world stage to impress voters in the UK when the Americans didn’t even believe it themselves’.Davis was backed by a senior diplomat with close knowledge of Blair-Bush relations who said: ‘This memo shows beyond doubt for the first time Blair was committed to the Iraq War before he even set foot in Crawford.'And it shows how the Americans planned to make Blair look an equal partner in the special relationship to bolster his position in the UK.’Blair’s spokesman insisted last night that Powell’s memo was ‘consistent with what he was saying publicly at the time’.The former Prime Minister has always hotly denied the claim that the two men signed a deal ‘in blood’ at Crawford to embark on the war, which started on March 20, 2003. Powell says to Bush: ‘He will present to you the strategic, tactical and public affairs lines that he believes will strengthen global support for our common cause,’ adding that Blair has the presentational skills to ‘make a credible public case on current Iraqi threats to international peace’.Five months after the summit, Downing Street produced the notorious ‘45 minutes from doom’ dossier on Saddam Hussein’s supposed Weapons of Mass Destruction. After Saddam was toppled, the dossier’s claims were exposed as bogus.Nowhere in the memo is a diplomatic route suggested as the preferred option.
  • Instead, Powell says that Blair will also advise on how to ‘handle calls’ for the ‘blessing’ of the United Nations Security Council, and to ‘demonstrate that we have thought through “the day after” ’ – in other words, made adequate provision for a post-Saddam Iraq.Critics of the war say that the lack of post-conflict planning has contributed to the loss of more than 100,000 lives since the invasion – and a power vacuum which has contributed to the rise of Islamic State terrorism.Significantly, Powell warns Bush that Blair has hit ‘domestic turbulence’ for being ‘too pro-U.S. in foreign and security policy, too arrogant and “presidential” ’, which Powell points out is ‘not a compliment in the British context’.Powell also reveals that the splits in Blair’s Cabinet were deeper than was realized: he says that apart from Foreign Secretary Jack Straw and Defence Secretary Geoff Hoon, ‘Blair’s Cabinet shows signs of division, and the British public are unconvinced that military action is warranted now’.Powell says that although Blair will ‘stick with us on the big issues’, he wants to minimisze the ‘political price’ he would have to pay: ‘His voters will look for signs that Britain and America are truly equity partners in the special relationship.’The president certainly did his best to flatter Blair’s ego during the Crawford summit, where he was the first world leader to be invited into Bush’s sanctuary for two nights.
  • Mystery has long surrounded what was discussed at Crawford as advisers were kept out of a key meeting between the two men.Sir Christopher Meyer, who was present in Crawford as Britain’s ambassador to the U.S., told Chilcot that his exclusion meant he was ‘not entirely clear to this day... what degree of convergence was, if you like, signed in blood at the Crawford ranch’.But in public comments during his time at Crawford, Blair denied that Britain was on an unstoppable path to war.‘This is a matter for considering all the options’, he said. ‘We’re not proposing military action at this point in time’.
  • During his appearance before the Chilcot inquiry in January 2010, Blair denied that he had struck a secret deal with Bush at Crawford to overthrow Saddam. Blair said the two men had agreed on the need to confront the Iraqi dictator, but insisted they did not get into ‘specifics’.‘The one thing I was not doing was dissembling in that position,’ he told Chilcot.‘The position was not a covert position, it was an open position. This isn’t about a lie or a conspiracy or a deceit or a deception. It’s a decision. What I was saying... was “We are going to be with you in confronting and dealing with this threat.” ’Pressed on what he thought Bush took from their meeting, he said the president had realized Britain would support military action if the diplomatic route had been exhausted.In his memoirs, Blair again said it was ‘a myth’ he had signed a promise ‘in blood’ to go to war, insisting: ‘I made no such commitment’.Critics who claimed that Blair acted as the ‘poodle’ of the US will point to a reference in Mr Powell’s memo to the fact Mr Blair ‘readily committed to deploy 1,700 commandos’ to Afghanistan ‘even though his experts warn that British forces are overstretched’.The decision made the previous October in the wake of the September 11 attacks led to widespread concern that the UK was entering an open-ended commitment to a bloody conflict in Afghanistan – a concern many critics now say was well-founded.
  • Mr Powell’s memo goes on to say that a recent move by the U.S. to protect its steel industry with tariffs, which had damaged UK exports, was a ‘bitter blow’ for Blair, but he was prepared to ‘insulate our broader relationship from this and other trade disputes’.The memo was included in a batch of 30,000 emails which were received by Mrs Clinton on her private server when she was US Secretary of State between 2009 and 2013.Another document included in the email batch is a confidential briefing for Powell prepared by the U.S. Embassy in London, shortly before the Crawford summit.The memo, dated ‘April 02’, includes a detailed assessment of the effect on Blair’s domestic position if he backs US military action.The document says: ‘A sizeable number of his [Blair’s] MPs remain at present opposed to military action against Iraq... some would favor shifting from a policy of containment of Iraq if they had recent (and publicly usable) proof that Iraq is developing WMD/missiles... most seem to want some sort of UN endorsement for military action.‘Blair’s challenge now is to judge the timing and evolution of America’s Iraq policy and to bring his party and the British people on board.'There have been a few speculative pieces in the more feverish press about Labor [sic] unease re Iraq policy… which have gone on to identify the beginnings of a challenge to Blair’s leadership of the party.
  • 'Former Cabinet member Peter Mandelson, still an insider, called it all "froth". Nonetheless, this is the first time since the 1997 election that such a story is even being printed’.The paper draws on information given to it by Labour ‘spies’, whose identities have been hidden.It states: ‘[name redacted] told us the intention of those feeding the story is not to bring down Blair but to influence him on the Iraq issue’.‘Some MPs would endorse action if they had proof that Iraq has continued to develop WMD since UN inspectors left.‘More would follow if convinced that Iraq has succeeded in developing significant WMD capability and the missiles to deliver it.'Many more would follow if they see compelling evidence that Iraq intends and plans to use such weapons. A clear majority would support military action if Saddam is implicated in the 9/11 attacks or other egregious acts of terrorism’.‘Blair has proved an excellent judge of political timing, and he will need to be especially careful about when to launch a ramped-up campaign to build support for action against Iraq.'He will want neither to be too far in front or behind US policy... if he waits too long, then the keystone of any coalition we wish to build may not be firmly in place. No doubt these are the calculations that Blair hopes to firm up when he meets the President’.A spokesperson for Blair said: ‘This is consistent with what Blair was saying publicly at the time and with Blair’s evidence given to the Chilcot Inquiry’.
  • Stunning memo proves Blair signed up for Iraq even before Americans - comment by former shadow home secretary David DavisThis is one of the most astonishing documents I have ever read.It proves in explicit terms what many of us have believed all along: Tony Blair effectively agreed to act as a front man for American foreign policy in advance of any decision by the House of Commons or the British Cabinet.He was happy to launder George Bush’s policy on Iraq and sub-contract British foreign policy to another country without having the remotest ability to have any real influence over it.And in return for what? For George Bush pretending Blair was a player on the world stage to impress voters in the UK when the Americans didn’t even believe it themselves.Blair was content to cynically use Britain’s international reputation for honest dealing in diplomacy, built up over many years, as a shield against worldwide opprobrium for Bush’s ill-considered policy.Judging from this memorandum, Blair signed up for the Iraq War even before the Americans themselves did. It beggars belief.
  • Blair was telling MPs and voters back home that he was still pursuing a diplomatic solution while Colin Powell was telling President Bush: ‘Don’t worry, George, Tony is signed up for the war come what may – he’ll handle the PR for you, just make him look big in return.’It should never be forgotten that a minimum of 120,000 people died as a direct result of the Iraq War.What is truly shocking is the casualness of it all, such as the reference in the memo to ‘the day after’ – meaning the day after Saddam would be toppled.The offhand tone gives the game away: it is patently obvious nobody thought about ‘the day after’ when Bush and Blair met in Crawford.And they gave it no more thought right through to the moment ‘the day after’ came about a year later when Saddam’s statue fell to the ground.We saw the catastrophic so-called ‘de-Baathification’ of Iraq, with the country’s entire civil and military structure dismantled, leading to years of bloodshed and chaos. It has infected surrounding countries to this day and created the vacuum into which Islamic State has stepped.This may well be the Iraq ‘smoking gun’ we have all been looking for.
Paul Merrell

US v. Comprehensive Drug Testing, Inc., 621 F. 3d 1162 - Court of Appeals, 9th Circuit ... - 0 views

scholar.google.com/scholar_case

surveillance-state 4th Amendment bulk-collection future-investigations

shared by Paul Merrell on 05 Dec 14 - No Cached
  • Concluding Thoughts
  • This case well illustrates both the challenges faced by modern law enforcement in retrieving information it needs to pursue and prosecute wrongdoers, and the threat to the privacy of innocent parties from a vigorous criminal investigation. At the time of Tamura, most individuals and enterprises kept records in their file cabinets or similar physical facilities. Today, the same kind of data is usually stored electronically, often far from the premises. Electronic storage facilities intermingle data, making them difficult to retrieve without a thorough understanding of the filing and classification systems used—something that can often only be determined by closely analyzing the data in a controlled environment. Tamura involved a few dozen boxes and was considered a broad seizure; but even inexpensive electronic storage media today can store the equivalent of millions of pages of information. 1176*1176 Wrongdoers and their collaborators have obvious incentives to make data difficult to find, but parties involved in lawful activities may also encrypt or compress data for entirely legitimate reasons: protection of privacy, preservation of privileged communications, warding off industrial espionage or preventing general mischief such as identity theft. Law enforcement today thus has a far more difficult, exacting and sensitive task in pursuing evidence of criminal activities than even in the relatively recent past. The legitimate need to scoop up large quantities of data, and sift through it carefully for concealed or disguised pieces of evidence, is one we've often recognized. See, e.g., United States v. Hill, 459 F.3d 966 (9th Cir.2006).
  • This pressing need of law enforcement for broad authorization to examine electronic records, so persuasively demonstrated in the introduction to the original warrant in this case, see pp. 1167-68 supra, creates a serious risk that every warrant for electronic information will become, in effect, a general warrant, rendering the Fourth Amendment irrelevant. The problem can be stated very simply: There is no way to be sure exactly what an electronic file contains without somehow examining its contents—either by opening it and looking, using specialized forensic software, keyword searching or some other such technique. But electronic files are generally found on media that also contain thousands or millions of other files among which the sought-after data may be stored or concealed. By necessity, government efforts to locate particular files will require examining a great many other files to exclude the possibility that the sought-after data are concealed there. Once a file is examined, however, the government may claim (as it did in this case) that its contents are in plain view and, if incriminating, the government can keep it. Authorization to search some computer files therefore automatically becomes authorization to search all files in the same sub-directory, and all files in an enveloping directory, a neighboring hard drive, a nearby computer or nearby storage media. Where computers are not near each other, but are connected electronically, the original search might justify examining files in computers many miles away, on a theory that incriminating electronic data could have been shuttled and concealed there.
  • ...3 more annotations...
  • The advent of fast, cheap networking has made it possible to store information at remote third-party locations, where it is intermingled with that of other users. For example, many people no longer keep their email primarily on their personal computer, and instead use a web-based email provider, which stores their messages along with billions of messages from and to millions of other people. Similar services exist for photographs, slide shows, computer code and many other types of data. As a result, people now have personal data that are stored with that of innumerable strangers. Seizure of, for example, Google's email servers to look for a few incriminating messages could jeopardize the privacy of millions. It's no answer to suggest, as did the majority of the three-judge panel, that people can avoid these hazards by not storing their data electronically. To begin with, the choice about how information is stored is often made by someone other than the individuals whose privacy would be invaded by the search. Most people have no idea whether their doctor, lawyer or accountant maintains records in paper or electronic format, whether they are stored on the premises or on a server farm in Rancho Cucamonga, whether they are commingled with those of many other professionals 1177*1177 or kept entirely separate. Here, for example, the Tracey Directory contained a huge number of drug testing records, not only of the ten players for whom the government had probable cause but hundreds of other professional baseball players, thirteen other sports organizations, three unrelated sporting competitions, and a non-sports business entity—thousands of files in all, reflecting the test results of an unknown number of people, most having no relationship to professional baseball except that they had the bad luck of having their test results stored on the same computer as the baseball players.
  • Second, there are very important benefits to storing data electronically. Being able to back up the data and avoid the loss by fire, flood or earthquake is one of them. Ease of access from remote locations while traveling is another. The ability to swiftly share the data among professionals, such as sending MRIs for examination by a cancer specialist half-way around the world, can mean the difference between death and a full recovery. Electronic storage and transmission of data is no longer a peculiarity or a luxury of the very rich; it's a way of life. Government intrusions into large private databases thus have the potential to expose exceedingly sensitive information about countless individuals not implicated in any criminal activity, who might not even know that the information about them has been seized and thus can do nothing to protect their privacy. It is not surprising, then, that all three of the district judges below were severely troubled by the government's conduct in this case. Judge Mahan, for example, asked "what ever happened to the Fourth Amendment? Was it ... repealed somehow?" Judge Cooper referred to "the image of quickly and skillfully moving the cup so no one can find the pea." And Judge Illston regarded the government's tactics as "unreasonable" and found that they constituted "harassment." Judge Thomas, too, in his panel dissent, expressed frustration with the government's conduct and position, calling it a "breathtaking expansion of the `plain view' doctrine, which clearly has no application to intermingled private electronic data." Comprehensive Drug Testing, 513 F.3d at 1117.
  • Everyone's interests are best served if there are clear rules to follow that strike a fair balance between the legitimate needs of law enforcement and the right of individuals and enterprises to the privacy that is at the heart of the Fourth Amendment. Tamura has provided a workable framework for almost three decades, and might well have sufficed in this case had its teachings been followed. We have updated Tamura to apply to the daunting realities of electronic searches. We recognize the reality that over-seizing is an inherent part of the electronic search process and proceed on the assumption that, when it comes to the seizure of electronic records, this will be far more common than in the days of paper records. This calls for greater vigilance on the part of judicial officers in striking the right balance between the government's interest in law enforcement and the right of individuals to be free from unreasonable searches and seizures. The process of segregating electronic data that is seizable from that which is not must not become a vehicle for the government to gain access to data which it has no probable cause to collect.
  • Paul Merrell on 05 Dec 14
     
    From a Ninth U.S. Circuit Court of Appeals en banc ruling in 2010. The Court's holding was that federal investigators had vastly overstepped the boundaries of multiple subpoenas and a search warrant --- and the Fourth Amendment --- by seizing records of a testing laboratory and reviewing them for information not described in the warrant or the subpoenas. At issue in this particular case was the government's use of a warrant that found probable cause to believe that the records contained evidence that steroids had been found in the urine of ten major league baseball players but searched the seized records for urine tests of other baseball players. The Court upheld the lower courts' rulings that the government was required to return all records other than those relevant to the ten players identified in the warrant. (The government had instead used the records of other player's urine tests to issue subpoenas for evidence relevant to those players potential use of steroids.) This decision cuts very heavily against the notion that the Fourth Amendment allows the bulk collection of private information about millions of Americans with or without a warrantor court order on the theory that some of the records *may* later become relevant to a lawful investigation.   Or rephrased, here is the en banc decision of the largest federal court of appeals (as many judges as most other federal appellate courts combined), in direct disagreement with the FISA Court orders allowing bulk collection of telephone records and bulk "incidental" collection of Americans' telephone conversations on the theory that the records *might* become relevant to national security investigations. Yet none of the FISA judges in any of the FISA opinions published thus far even cited, let alone distinguished, this Ninth Circuit en banc decision. Which says a lot of the quality of the legal research performed by the FISA Court judges. However, this precedent is front and center in briefs filed with the Ni
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