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Paul Merrell

Victory! Federal Court Recognizes Constitutional Rights of Americans on the No-Fly List... - 0 views

  • A federal court took a critically important step late yesterday towards placing a check on the government's secretive No-Fly List. In a 38-page ruling in Latif v. Holder, the ACLU's challenge to the No-Fly List, U.S. District Court Judge Anna Brown recognized that the Constitution applies when the government bans Americans from the skies. She also asked for more information about the current process for getting off the list, to inform her decision on whether that procedure violates the Fifth Amendment guarantee of due process. We represent 13 Americans, including four military veterans, who are blacklisted from flying. At oral argument in June on motions for partial summary judgment, we asked the court to find that the government violated our clients' Fifth Amendment right to due process by barring them from flying over U.S. airspace – and smearing them as suspected terrorists – without giving them any after-the-fact explanation or a hearing at which to clear their names. The court's opinion recognizes – for the first time – that inclusion on the No-Fly List is a draconian sanction that severely impacts peoples' constitutionally-protected liberties. It rejected the government's argument that No-Fly list placement was merely a restriction on the most "convenient" means of international travel.
  • Such an argument ignores the numerous reasons an individual may have for wanting or needing to travel overseas quickly such as for the birth of a child, the death of a loved one, a business opportunity, or a religious obligation. According to the court, placement on the No-Fly List is like the revocation of a passport because both actions severely burden the right to international travel and give rise to a constitutional right to procedural due process: Here it is undisputed that inclusion on the No-Fly List completely bans listed persons from boarding commercial flights to or from the United States or over United States air space.  Thus, Plaintiffs have shown their placement on the No-Fly List has in the past and will in the future severely restrict Plaintiffs' ability to travel internationally. Moreover, the realistic implications of being on the No-Fly List are potentially far-reaching. For example, TSC [the Terrorist Screening Center] shares watchlist information with 22 foreign governments and United States Customs and Boarder [sic] Protection makes recommendations to ship captains as to whether a passenger poses a risk to transportation security, which can result in further interference with an individual's ability to travel as evidenced by some Plaintiffs' experiences as they attempted to travel abroad by boat and land and were either turned away or completed their journey only after an extraordinary amount of time, expense, and difficulty. Accordingly, the Court concludes on this record that Plaintiffs have a constitutionally-protected liberty interest in traveling internationally by air, which is affected by being placed on the list. The court also found that the government's inclusion of our clients on the No-Fly List smeared them as suspected terrorists and altered their ability to lawfully board planes, resulting in injury to another constitutionally-protected right: freedom from reputational harm.
  • The importance of these rulings is clear. Because inclusion on the No-Fly List harms our clients' liberty interests in travel and reputation, due process requires the government to provide them an explanation and a hearing to correct the mistakes that led to their inclusion. But under the government's "Glomar" policy, it refuses to provide any information confirming or denying that our clients are on the list, let alone an after-the-fact explanation and hearing. The court has asked the ACLU and the government for more information about the No-Fly List redress procedure to help it decide the ultimate question of whether that system violates the Fifth Amendment right to due process. We are confident the court will recognize that the government's "Glomar" policy of refusing even to confirm or deny our clients' No-Fly List status (much less actually providing the reasons for their inclusion in the list) is fundamentally unfair and unconstitutional.
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    A case decision in August that I had missed, right here in Oregon. One of our Oregon federal judges gets it right after being reversed the first time by the 9th U.S. Circuit Court of Appeals. I've read the opinion. Looks quite solid. Plaintiffs were carefully chosen for this test case, 13 citizens placed on the no-fly list, all with compelling stories of winding up stranded, some overseas. Several are U.S. military veterans. All were told by government officials that the reason they could not board was because they were on the TSA no-fly list. At issue is whether they have a right to be informed of the information that resulted in them being placed on the no-fly list and a right to a hearing to seek correction of the information. Their constitutional interest in their reputations is also in play, since they have been classified by their government as too dangerous to allow to travel by commercial airline.   The district court case is not done; the judge has ordered further briefing on some issues. But the government is trying to defend a process in which no one is ever formally notified that they are on the no-fly list and is never advised of the reasons they are on the no-fly list. The number of Americans on the no-fly list is now over 700,000. But the judge has recognized that there is a constitutional right to travel and that it extends to international travel. From the opinion: "Plaintiffs contend the government has deprived them of their protected liberty interest in travel. In Kent v. Dulles, 357 U.S. 116 (1958), the Supreme Court held "[t]he right to travel is part of the 'liberty' of which the citizen cannot be deprived without due process of law under the Fifth Amendment."  Id. at 125. As noted by the Ninth Circuit, "the [Supreme] Court has consistently treated the right to international travel as a liberty interest that is protected by the Due Process Clause of the Fifth Amendment." DeNieva v. Reyes, 966 F.2d 480, 485 (9th Cir. 1992)(emp
Paul Merrell

New Leak Puts "Stake In The Heart" Of Trump's Muslim Ban Rationale - 0 views

  • In a major scoop said to put a “stake in the heart of the Muslim ban,” MSNBC‘s Rachel Maddow reported Thursday evening on a new leaked Department of Homeland Security (DHS) analysis which essentially shreds the Trump administration’s rationale for banning travel from seven Muslim-majority nations. The document, prepared by DHS’ internal intelligence agency, the Office of Intelligence and Analysis, concludes that the majority of foreign-born, U.S.-based violent extremists were radicalized several years after their entry into the U.S.
  • The Washington Post‘s Greg Sargent on Friday suggested that the leaked analysis could be part of the “real reason for the delay,” rather than the stated reason of not wanting to sully the warm reception received by the president after his joint-session speech Tuesday evening. “The Trump administration can’t solve the problem that has always bedeviled this policy, which is that there isn’t any credible national security rationale for it,” he wrote. “Unlike on the campaign trail, when you’re governing, you actually have to have justification for what you’re proposing, or you often run into trouble.” Similarly, Maddow observed that “they really do have a problem here,” pointing to the document’s key finding, which states that “most foreign-born, U.S.-based violent extremists are likely radicalized several years after their entry to the United States, limiting the ability of screening and vetting officials to prevent their entry because of national security concerns.” “The national security justification for this whole ban—this setting up of extreme vetting—is bull-pucky,” Maddow said. “There’s nothing they can set up at the border to tell you years down the road who might become…a radical and violent person years from now.” This latest leak follows the release of another DHS analysis last week that similarly undermined the Trump administration’s claim that people traveling from Syria, Iran, Iraq, Yemen, Sudan, Libya, and Somalia pose a severe threat to the United States. That document, obtained by the Associated Press, concluded that “citizenship is an ‘unlikely indicator’ of terrorism threats to the United States and that few people from the countries Trump listed in his travel ban have carried out attacks or been involved in terrorism-related activities in the U.S. since Syria’s civil war started in 2011,” as AP reported. Taken together, the two documents throw cold water on most of the administration’s stated justification for the pending executive order.
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    Sounds like the document and the earlier one via Associated Press may put an end to Trump's Muslim ban campaign promise, if not voluntarily then by court order.
Paul Merrell

Court Refuses to Reinstate Travel Ban, Dealing Trump Another Legal Loss - The New York ... - 0 views

  • A federal appeals panel on Thursday unanimously rejected President Trump’s bid to reinstate his ban on travel into the United States from seven largely Muslim nations, a sweeping rebuke of the administration’s claim that the courts have no role as a check on the president.The three-judge panel, suggesting that the ban did not advance national security, said the administration had shown “no evidence” that anyone from the seven nations — Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen — had committed terrorist acts in the United States.The ruling also rejected Mr. Trump’s claim that courts are powerless to review a president’s national security assessments. Judges have a crucial role to play in a constitutional democracy, the court said.“It is beyond question,” the decision said, “that the federal judiciary retains the authority to adjudicate constitutional challenges to executive action.”
  • The decision was handed down by the United States Court of Appeals for the Ninth Circuit, in San Francisco. It upheld a ruling last Friday by a federal district judge, James L. Robart, who blocked key parts of the travel ban, allowing thousands of foreigners to enter the country.
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    As I expected.
Paul Merrell

Trump's travel ban has revoked 60,000 visas for now - 0 views

  • About 60,000 visas were revoked under U.S. President Donald Trump's executive order temporarily halting immigration from seven Muslim-majority countries, the State Department said on Friday, in one of several government communications clarifying how the order is being rolled out.The revocation means the government voided travel visas for people trying to enter the United States but the visas could be restored later without a new application, said William Cocks, a spokesman for consular affairs at the State Department."We will communicate updates to affected travelers following the 90-day review," he said.Earlier news reports, citing a government attorney at a federal court hearing, put the figure at more than 100,000 visas.The government issued over 11 million immigrant and non-immigrant visas in fiscal year 2015, the State Department said.The immigration executive order signed by Trump a week ago temporarily halted the U.S. refugee program and imposed a 90-day suspension on people traveling from Iran, Iraq, Libya, Somalia, Sudan, Syria and Yemen. Trump said the measures would help protect Americans from terrorist attacks.
Paul Merrell

WikiLeaks Cables Portray Saudi Arabia As A Cash Machine For Terrorists - 0 views

  • Saudi Arabia is the world’s largest source of funds for Islamist militant groups such as the Afghan Taliban and Lashkar-e-Taiba – but the Saudi government is reluctant to stem the flow of money, according to Hillary Clinton. “More needs to be done since Saudi Arabia remains a critical financial support base for al-Qaida, the Taliban, LeT and other terrorist groups,” says a secret December 2009 paper signed by the US secretary of state. Her memo urged US diplomats to redouble their efforts to stop Gulf money reaching extremists in Pakistan and Afghanistan.
  • “Donors in Saudi Arabia constitute the most significant source of funding to Sunni terrorist groups worldwide,” she said. Three other Arab countries are listed as sources of militant money: Qatar, Kuwait and the United Arab Emirates. The cables highlight an often ignored factor in the Pakistani and Afghan conflicts: that the violence is partly bankrolled by rich, conservative donors across the Arabian Sea whose governments do little to stop them. The problem is particularly acute in Saudi Arabia, where militants soliciting funds slip into the country disguised as holy pilgrims, set up front companies to launder funds and receive money from government-sanctioned charities. One cable details how the Pakistani militant outfit Lashkar-e-Taiba, which carried out the 2008 Mumbai attacks, used a Saudi-based front company to fund its activities in 2005. Meanwhile officials with the LeT’s charity wing, Jamaat-ud-Dawa, travelled to Saudi Arabia seeking donations for new schools at vastly inflated costs – then siphoned off the excess money to fund militant operations. Militants seeking donations often come during the hajj pilgrimage – “a major security loophole since pilgrims often travel with large amounts of cash and the Saudis cannot refuse them entry into Saudi Arabia”. Even a small donation can go far: LeT operates on a budget of just $5.25m (£3.25m) a year, according to American estimates.
  • Saudi officials are often painted as reluctant partners. Clinton complained of the “ongoing challenge to persuade Saudi officials to treat terrorist funds emanating from Saudi Arabia as a strategic priority”. Washington is critical of the Saudi refusal to ban three charities classified as terrorist entities in the US. “Intelligence suggests that these groups continue to send money overseas and, at times, fund extremism overseas,” she said. There has been some progress. This year US officials reported that al-Qaida’s fundraising ability had “deteriorated substantially” since a government crackdown. As a result Bin Laden’s group was “in its weakest state since 9/11” in Saudi Arabia. Any criticisms are generally offered in private. The cables show that when it comes to powerful oil-rich allies US diplomats save their concerns for closed-door talks, in stark contrast to the often pointed criticism meted out to allies inPakistan and Afghanistan. Instead, officials at the Riyadh embassy worry about protecting Saudi oilfields from al-Qaida attacks. The other major headache for the US in the Gulf region is the United Arab Emirates. The Afghan Taliban and their militant partners the Haqqani network earn “significant funds” through UAE-based businesses, according to one report. The Taliban extort money from the large Pashtun community in the UAE, which is home to 1 million Pakistanis and 150,000 Afghans. They also fundraise by kidnapping Pashtun businessmen based in Dubai or their relatives.
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  • “Some Afghan businessmen in the UAE have resorted to purchasing tickets on the day of travel to limit the chance of being kidnapped themselves upon arrival in either Afghanistan or Pakistan,” the report says. Last January US intelligence sources said two senior Taliban fundraisers hadregularly travelled to the UAE, where the Taliban and Haqqani networkslaundered money through local front companies. One report singled out a Kabul-based “Haqqani facilitator”, Haji Khalil Zadran, as a key figure. But, Clinton complained, it was hard to be sure: the UAE’s weak financial regulation and porous borders left US investigators with “limited information” on the identity of Taliban and LeT facilitators. The lack of border controls was “exploited by Taliban couriers and Afghan drug lords camouflaged among traders, businessmen and migrant workers”, she said. In an effort to stem the flow of funds American and UAE officials are increasinglyco-operating to catch the “cash couriers” – smugglers who fly giant sums of money into Pakistan and Afghanistan.
  • In common with its neighbours Kuwait is described as a “source of funds and a key transit point” for al-Qaida and other militant groups. While the government has acted against attacks on its own soil, it is “less inclined to take action against Kuwait-based financiers and facilitators plotting attacks outside of Kuwait”. Kuwait has refused to ban the Revival of Islamic Heritage Society, a charity the US designated a terrorist entity in June 2008 for providing aid to al-Qaida and affiliated groups, including LeT. There is little information about militant fundraising in the fourth Gulf country singled out, Qatar, other than to say its “overall level of CT co-operation with the US is considered the worst in the region”. The funding quagmire extends to Pakistan itself, where the US cables detail sharp criticism of the government’s ambivalence towards funding of militant groups that enjoy covert military support. The cables show how before the Mumbai attacks in 2008, Pakistani and Chinese diplomats manoeuvred hard to block UN sanctions against Jamaat-ud-Dawa. But in August 2009, nine months after sanctions were finally imposed, US diplomats wrote: “We continue to see reporting indicating that JUD is still operating in multiple locations in Pakistan and that the group continues to openly raise funds”. JUD denies it is the charity wing of LeT.
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    Question for Hillary: Since you have known at least since December, 2009 that these Arab nations are funding al Qaida and its offshoot organizations, if elected will you impose strong sanctions on them to halt their funding of terrorism?
Paul Merrell

Reince Priebus, chief of staff, suggests Trump could expand country list under travel b... - 0 views

  • President Trump could issue additional executive orders expanding the list of Muslim-majority countries whose people are banned from emigrating to the United States, White House Chief of Staff Reince Priebus said Sunday.Future White House executive orders could include countries such as Saudi Arabia, Pakistan, Afghanistan and Egypt being added to the list of banned countries, Mr. Priebus said during an interview on NBC’s “Meet The Press.”
Paul Merrell

EU warns of visas for US citizens if Washington implements visa waiver reforms - RT News - 0 views

  • The EU says it may retaliate if the US goes ahead with plans to impose visas for some members of the bloc who are currently part of the Visa Waiver Program. Brussels says it will not increase security and that US nationals may require visas to enter the EU. A letter signed by 28 European member state ambassadors to the US was published in The Hill after Europe reacted furiously and with disbelief to plans by Washington to tighten-up the Visa Waiver Program (VWP), which currently lets millions of citizens from the bloc travel to the US each year without a visa.
  • Last week, the US House of Representatives adopted a bill to reform the visa program that would ban certain EU nationals from entering the US without a visa if they had visited Iran, Iraq, Syria or Sudan after March 2011. Some US politicians want the legislation introduced to tighten security following the November 13 Paris terror attacks. “A blanket restriction on those who have visited Syria or Iraq, for example, would most likely only affect legitimate travel by businesspeople, journalists, humanitarian or medical workers while doing little to detect those who travel by more clandestine means overland,” the letter signed by the 28 ambassadors stated. 
  • At present, 23 of the EU’s 28 member states enjoy visa-free travel to the US, with the remaining five nations keen to join the VWP. The bloc says it is imperative to keep the visa waiver program intact for business and tourism purposes, while the current system does not mean that it is “a license to enter the US with nothing more than the wave of a passport of an allied country.” The EU is also worried its citizens with dual nationality of the proscribed countries would be “disproportionately and unfairly affected.” It believes the added checks would do nothing to combat terrorism, but would instead hurt trade and could trigger “legally-mandated reciprocal measures.”“What we want to see is intensified cooperation, and consequently greater security, for both the United States and its allies.  We want to work with the US to improve information exchange regarding individuals subject of course to the appropriate constitutional protection,” the statement continued. Soraya Sepahpour-Ulrich, a respected American-Iranian writer and independent researcher, told RT the bill “is a sort of bigotry” and accused the House of Representatives of “trying to follow in Donald Trump’s footsteps,” after the Republican candidate said all Muslim’s should be banned from entering the US. 
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  • “Frankly, many don’t even believe that these threats are well-founded. And the US thrives on fear, on having people beholden to fear. And so, as long as the American people are afraid and they fear terrorism or likewise, then the government has a free hand to do whatever it wants,” she said.She also added that perfectly innocent citizens who had traveled to the countries on the US list would be targeted, and that the list would mean tarring everyone with the same brush.“If you think about the implications of this bill, how will journalists who are European or who are part of this visa waiver program who have got to these countries - how will they be dealt with? How about all the…people that flocked to Iran in the hopes of the Joint [Comprehensive] Plan of Action being implemented…- how will they come to the US, how will they filter people out?” Sepahpour-Ulrich added when speaking to RT.
Paul Merrell

Trump UK ban petition passes 370,000 signatures - BBC News - 0 views

  • A petition calling for Republican presidential hopeful Donald Trump to be barred from entering the UK has gathered more than 370,000 names, so MPs will have to consider debating it.The petition went on Parliament's e-petition website on Tuesday. It was posted in response to Mr Trump's call for a temporary halt on Muslims entering the United States. Chancellor George Osborne criticised Mr Trump's comments but rejected calls for him to be banned from the UK.A counter-petition, set up on Wednesday, saying Mr Trump should not be banned as it would be "totally illogical" has attracted more than 9,000 signatures. Any petition with more than 100,000 signatures is automatically considered for debate in Parliament.
  • In other developments: Scotland's First Minister Nicola Sturgeon has stripped Mr Trump of his status as a business ambassador for Scotland. Aberdeen's Robert Gordon University has revoked Mr Trump's honorary degree, which he received in 2010 in recognition of his achievements as an entrepreneur and businessman. One of the Middle East's largest retail chains, Lifestyle, has withdrawn Donald Trump products from its shelves following his comments.
Paul Merrell

Senator Aims to End Phone Searches at Airports and Borders | Mother Jones - 0 views

  • More than a month after Sen. Ron Wyden (D-Ore.) requested information about US Customs and Border Protection's practice of searching cell phones at US borders and airports, he's still waiting for answers—but he's not waiting to introduce legislation to end the practice. "It's very concerning that [the Department of Homeland Security] hasn't managed to answer my questions about the number of digital searches at the border, five weeks after I requested that basic information," Wyden, a leading congressional advocate for civil liberties and privacy, told Mother Jones on Tuesday through a spokesman. "If CBP were to undertake a system of indiscriminate digital searches, that would distract CBP from its core mission, dragging time and attention away from catching the bad guys." Wyden's request to DHS and CBP came on the heels of a February 18 report from the Associated Press of a "fivefold increase" in electronic media searches in fiscal year 2016 over the previous year, from fewer than 5,000 to nearly 24,000. It also followed Homeland Security Secretary John Kelly's suggestion that visitors from a select group of countries, mainly Muslim, might be required to hand over passwords to their social media accounts as a condition of entry. (That comment came a week after President Donald Trump first unveiled his executive order⁠ banning travel from seven majority-Muslim countries.) The Knight First Amendment Institute, which advocates for freedom of speech, sued DHS on Monday for records relating to the seizure of electronic devices at border checkpoints. Wyden requested similar data on CBP device searches and demands for travelers' passwords. "There are well-established legal rules governing how law enforcement agencies may obtain data from social media companies and email providers," Wyden wrote in the February 20 letter to DHS and CBP. "By requesting a traveler's credentials and then directly accessing their data, CBP would be short-circuiting the vital checks and balances that exist in our current system." The senator wrote that the searches not only violate civil liberties but could reduce international business travel or force companies to outfit employees with "burner" laptops and mobile devices, "which some firms already use when employees visit nations like China."
  • "Folks are going to be less likely to travel freely to the US with the devices they need if they don't feel their sensitive business information is going to be safe at the border," Wyden said Tuesday, noting that CBP can copy the information it views on a device. "Then they can store that information and search it without a warrant." Wyden will soon introduce legislation to force law enforcement to obtain warrants before searching devices at the border. His bill would also prevent CBP from compelling travelers to reveal passwords to their accounts. A DHS spokesman said in a statement that "all travelers arriving to the US are subject to CBP inspection," which includes inspection of any electronic devices they may be carrying. Access to these devices, the spokesman said, helps CBP agents ascertain the identity and admissibility of people from other countries and "deter the entry of possible terrorists, terrorist weapons, controlled substances," and other prohibited items. "CBP electronic media searches," the spokesman said, "have resulted in arrests for child pornography, evidence helpful in combating terrorist activity, violations of export controls, convictions for intellectual property rights violations, and visa fraud discoveries." In a March 27 USA Today op-ed, Joseph B. Maher, DHS acting general counsel, compared device searches to searching luggage. "Just as Customs is charged with inspecting luggage, vehicles and cargo containers upon arrival to the USA, there are circumstances in this digital age when we must inspect an electronic device for violations of the law," Maher wrote.
  • But in a unanimous 2014 ruling, the Supreme Court found that police need warrants to search cell phones. Chief Justice John Roberts wrote in the opinion that cell phones are "such a pervasive and insistent part of daily life that the proverbial visitor from Mars might conclude they were an important feature of human anatomy." In response to a Justice Department argument that cell phones were akin to wallets, purses, and address books, Roberts wrote: "That is like saying a ride on horseback is materially indistinguishable from a flight to the moon." The law, however, applies differently at the border because of the "border search doctrine," which has traditionally given law enforcement wider latitude under the Fourth Amendment to perform searches at borders and international airports. CBP says it keeps tight controls on its searches and is sensitive to personal privacy. Wyden isn't convinced. "Given Trump's worrying track record so far, and the ease with which CBP could change its guidelines, it's important we create common-sense statutory protections for Americans' liberty and security," he says.
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  • Sophia Cope, a staff attorney with the Electronic Frontier Foundation who has written extensively about searches of electronic devices, says that searches of mobile devices appear to be on the rise. "They realized that people are carrying these devices with them all the time, it's just another thing for them to search," she says. "But also it does seem that after the executive order that they've been emboldened to do this even more." Wyden says that the data collection creates an opportunity for hackers. "Given how frequently hackers have stolen government information," he says, "I think a lot of Americans would be worried to know their whole lives could be sitting in a government database that's got a huge bull's-eye on it for hackers."
Gary Edwards

The List: Unnecessarily Shut Down by Obama to Inflict Public Pain - 0 views

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    "The media may or may not report on these individual occurrences, but what they will never do is provide the American people with the full context and scope of Obama's shrill pettiness. Below is a list of illogical, unnecessary, and shockingly spiteful moves our government is making in the name of essential and non-essential. This list will be regularly updated, and if you have something you feel should be added, please email me at jnolte@breitbart.com or tweet me @NolteNC.Please include a link to the news source. -- 1. Treatments for Children Suffering From Cancer - The GOP have agreed to a compromise by funding part of the government, including the National Institutes of Health, which offers children with cancer last-chance experimental treatment. Obama has threatened to veto this funding. 2. The World War II Memorial - The WWII memorial on the DC Mall is a 24/7 open-air memorial that is not regularly staffed. Although the White House must have known that WWII veterans in their eighties and nineties had already booked flights to visit this memorial, the White House still found the resources to spitefully barricade the attraction.  The Republican National Committee has offered to cover any costs required to keep the memorial open. The White House refused. Moreover, like the NIH, the GOP will pass a compromise bill that would fund America's national parks. Obama has threatened to veto that bill. 3. Furloughed Military Chaplains Not Allowed to Work for Free - Furloughed military chaplains willing to celebrate Mass and baptisms for free have been told they will be punished for doing so. 4. Business Stops In Florida Keys - Although the GOP have agreed to compromise in the ongoing budget stalemate and fund the parks, Obama has threatened to veto that funding. As a result, small businesses, hunters, and commercial fisherman can't practice their trade. While the feds have deemed the personnel necessary to keep this area open "non-essential," the "enforcement office
Paul Merrell

Casetext - 0 views

  • As reported by the Washington Post, yesterday President Trump signed an Executive Order ( full text) suspending for 90 days immigrant and non-immigrant entry into the U.S. of aliens from seven Muslim-majority countries-- Iraq, Iran, Syria, Yemen, Sudan, Libya and Somalia. (It should be noted that the countries to which the Executive Order is applicable is discoverable only by elaborate cross references in Sec. 3(c) of the Order that ultimately lead to this list developed last year by the Department of Homeland Security under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of travelers not eligible to participate in the visa waiver program). The Executive Order does not apply to those entering under various diplomatic visas. The Executive Order also suspends admission of all refugees for 120 days, and of Syrian refugees for an indefinite period. It provides that when refugee admissions are resumed: the Secretary of State, in consultation with the Secretary of Homeland Security, is further directed to make changes, to the extent permitted by law, to prioritize refugee claims made by individuals on the basis of religious-based persecution, provided that the religion of the individual is a minority religion in the individual's country of nationality. Following up on this provision, Trump told the Christian Broadcasting Network that priority will be given to persecuted Christians in the Middle East, particularly Syria. The Legal Director of the ACLU in a post earlier today argued that the Executive Order's targeting of Muslims and favoring of Christians violates the Establishment Clause. Meanwhile CAIR announced that it will be holding a news conference Monday on a lawsuit that it will file in federal district court in Virginia to "challenge the constitutionality of the order because its apparent purpose and underlying motive is to ban people of the Islamic faith from Muslim-majority countries from entering the United States."
Paul Merrell

AP Exclusive: US Changing No-Fly List Rules - ABC News - 0 views

  • The Obama administration is promising to change the way travelers can ask to be removed from its no-fly list of suspected terrorists banned from air travel. The decision comes after a federal judge's ruling that there was no meaningful way to challenge the designation, a situation deemed unconstitutional. In response, the Justice Department said the U.S. will change the process during the next six months. As of late last summer, about 48,000 people were on the no-fly list. The government's policy is never to confirm or deny that a person actually is on the no-fly list, citing national security concerns. In most instances, travelers assume they are on the list because they are instructed to go through additional screening at airports or because they are told they can't board their flights to, from or within the United States. The no-fly list is one of the government's most controversial post-9/11 counterterrorism programs because of its lack of due process, long criticized because people cannot know why they were placed on the list and lack a way to fight the decision. Changing how people can challenge their designation could amount to one of the government's most significant adjustments to how it manages the list.
Paul Merrell

News Roundup and Notes: September 12, 2014 | Just Security - 0 views

  • Iraq and Syria The Pentagon has begun rolling out the expanded campaign against the Islamic State, although operations will increase gradually over a number of months [Wall Street Journal’s Julian E. Barnes]. Retired Marine general, John R. Allen, has been chosen to coordinate the international coalition against ISIS, according to a senior administration official [New York Times’ Michael R. Gordon]. In an interview with NPR (Eyder Peralta), Obama’s national security advisor Susan Rice emphasized that the operation against ISIS would not be “Iraq war redux” and that the U.S. is not going to deploy ground troops with a combat role.
  • Democratic senators are reportedly unnerved by President Obama’s attempt to gain swift authority from Congress to arm and train Syrian rebels [Politico’s Burgess Everett and Seung Min Kim]. House Republicans are said to be split on their views, with some, including Intelligence Chairman Mike Rogers speaking out in favor, whereas others showed more caution [The Hill’s Scott Wong et al]. The New York Times (Jonathan Weisman) reports that House Republican leaders will call members back to the Capitol early next week, in “a rare show of unity” with President Obama, to authorize the arming and training of rebels in Syria. Arab states remained reserved about the extent of their commitment to military efforts to combat the Islamic State yesterday, even as Secretary of State John Kerry succeeded in obtaining their support at a meeting in Saudi Arabia [Wall Street Journal’s Maria Abi-Habib and Jay Solomon].   Al Jazeera reports that French President Francois Hollande is travelling to Iraq in an act of visible support ahead of possible airstrikes with the U.S.-led coalition against the Islamic State.
  • The Syrian deputy foreign minister has said that Syria has “no reservations” about airstrikes in the territory, but said that “it is a must” for Obama to call Syrian President Assad [NBC News]. Anne Bernard [New York Times] writes that the prospect of U.S. strikes in Syria “captivated” the people on Thursday, with debate over whether the strikes would help or hinder President Assad. The New York Times (Ben Hubbard et al.) explores the complexities faced by the U.S. in using decentralized and diverse Syrian rebels to counter the Islamic State in Syria. Tom Perry and Alexander Dziadosz [Reuters] explore the impact that U.S. support for the Syrian opposition against the Islamic State will have on the Assad regime.
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  • In Politico Magazine, Mary Ellen O’Connell argues that President Obama’s strategy against the Islamic State in Syria has no basis in international law, drawing comparison in legal terms between Obama and Russian President Vladimir Putin in Ukraine: “arming rebels and conducting airstrikes.” The New York Times editorial board discusses the legal basis for U.S. action against ISIS, accusing Congress of “outrageous” cowardice and allowing President Obama a “free reign to set a dangerous precedent that will last well past this particular military campaign.” The Washington Post editorial board calls President Obama’s strategy “incomplete,” suggesting that airstrikes alone are insufficient and that the U.S. must assist Iraq and Syria to develop so that “terrorist organizations do not emerge again as soon as Americans look away.” Dan Froomkin [The Intercept] discusses media coverage of Obama’s strategy, which indicates that news organizations have realized the plan is a “hot mess.”
  • In other developments, the new UN special envoy to Syria met with President Bashar al-Assad yesterday, pressing for more truces in the country and saying the UN’s first priority was to “facilitate reduction of the violence” [Wall Street Journal’s Sam Dagher]. The CIA has estimated that the number of fighters with the Islamic State in Iraq and Syria may have reached 31,000, a number three times their previous calculation [BBC]. The German interior ministry is working on banning the Islamic State terrorist group due to concerns over returning ISIS fighters and public expressions of sympathy with the group [Wall Street Journal’s Andrea Thomas and Harriet Torry]. The Australian government has raised the terror alert level to the second highest, as Prime Minister Tony Abbott warned that a terrorist attack on home soil was likely, though no specific plots were known of [Wall Street Journal’s Rob Taylor].
  • The head of Homeland Security has warned that while ISIS is the most apparent threat to the U.S. currently, officials must stay vigilant to other threats to the United States [Associated Press]. Dennis B. Ross [New York Times] cautions that “Islamists are not our friends,” noting that the “new fault line” in the Middle East is defined by Islamists who “subordinate national identities to an Islamic identity.” The New York Times (David E. Sanger) discusses how President Obama’s decision to take on the Islamic State in Iraq and Syria shifts his focus in the Middle East away from his previous objective of preventing Iran from obtaining nuclear weapons.
Paul Merrell

State department designates German rapper turned Islamic State 'operative' - The Long W... - 0 views

  • The State Department announced today that Denis Cuspert, a German member of the Islamic State, has been added to the US government's list of specially designated global terrorists. Cuspert previously performed as a rapper, going by the name of Deso Dogg, and even briefly toured with the popular American performer known as DMX. Some of Cuspert's music is still available for purchase in the US and elsewhere online. However, State explains that as a result of his designation as a terrorist "all property subject to US jurisdiction in which Cuspert has any interest is blocked and US persons are prohibited from engaging in transactions with him or to his benefit." US citizens cannot, therefore, legally purchase his rap songs online if he receives proceeds from the sale. According to State, Cuspert is "a foreign terrorist fighter and operative for ISIL," or the Islamic State of Iraq and the Levant. (The group calls itself the Islamic State, but the US government refers to it by the acronym of its previous name, or ISIL.) "Cuspert joined ISIL in 2012 and has appeared in numerous videos on its behalf, the most recent dating from early November, in which he appears holding a severed head he claims belongs to a man executed for opposing ISIL." Cuspert, who is 39 years old, "spent time in jail for various offensives" in Germany before traveling to Syria. He is still "wanted by the German government on suspicion of involvement in terrorist activities in his home country."
  • There has been some controversy over whether or not Cuspert is really alive. He has been reported dead in the past. Some of the confusion is owed to Cuspert's nom de guerre, Abu Talha al Almani, which has been used by other Islamic State jihadists, including one who was killed in Syria last year.
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    There are some obvious first amendment issues with banning the purchase of music, magnified when the music carries a political message. Where, as here, the purpose is not to regulate speech but has an incidental effect on speech, the restriction will be upheld only "if it is within the constitutional power of the Government; if it furthers an important or substantial governmental interest; if the governmental interest is unrelated to the suppression of free expression; and if the incidental restriction on alleged First Amendment freedoms is no greater than is essential to the furtherance of that interest." United States v. O'Brien, 391 U.S. 367, 377 (U.S. 1968).  There is a strong argument here that the State Department is not using the least restrictive means of blocking Cuspert's income from sale of his music, i.e., the government could instead leavy against Cuspert's share of the revenue from the recording studio.  I presume that either the studio or citizens who wish to purchase Cuspert's music would have standing to mount such a legal challenge. The argument would basically be that the statute and regulation are overbroad as applied to activity protected by the First Amended. A First Amendment "as applied" challenge leaves the court with discretition to leave the statute and regualtion unchanged, but judicially create an exception. 
Paul Merrell

Russia arms Su-34s with air-to-air missiles in Syria for 1st time - RT News - 0 views

  • Russian Su-34 bombers, additionally equipped with air-to-air missiles, have set out on their first mission in Syria, said Igor Klimov, spokesman for the Russian Air Force.
  • “Today, Russian Su-34 fighter-bombers have made their first sortie equipped not only with high explosive aviation bombs and hollow charge bombs, but also with short- and medium-range air-to-air missiles," Klimov said."The planes are equipped with missiles for defensive purposes," he added.The missiles have target-seeking devices and are “capable of hitting air targets within a 60km radius,” he said.
  • In the wake of the downing, President Vladimir Putin on Saturday signed a decree imposing a package of economic sanctions against Turkey. The measures include banning several Turkish organizations and the import of certain goods. Under the sanctions, the visa-free regime for Turkish nationals traveling to Russia will be suspended starting next year. The Russian government has also been tasked with introducing a ban on charter flights between Russia and Turkey and to enhance security control at Russian ports on the Sea of Azov and Black Sea.
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  • On Thursday, Moscow recalled its military representative from Turkey. At the same time Russian Defense Ministry said that all channels of military cooperation with Ankara were suspended including a hotline set up to share information about Russian airstrikes in Syria.
Paul Merrell

Who Is Watching the Watch Lists? - NYTimes.com - 0 views

  • GOVERNMENTS wade into treacherous waters when they compile lists of people who might cause their countries harm. As fears about Japanese-Americans and Communists have demonstrated in the past, predictions about individual behavior are often inaccurate, the motivations for list-making aren’t always noble and concerns about threats are frequently overblown.
  • So it might seem that current efforts to identify and track potential terrorists would be approached with caution. Yet the federal government’s main terrorist watch list has grown to at least 700,000 people, with little scrutiny over how the determinations are made or the impact on those marked with the terrorist label.
  • What’s more, the government refuses to confirm or deny whether someone is on the list, officially called the Terrorist Screening Database, or divulge the criteria used to make the decisions — other than to say the database includes “individuals known or suspected to be or have been engaged in conduct constituting, in preparation for, in aid of, or related to terrorism and terrorist activities.” Even less is known about the secondary watch lists that are derived from the main one, including the no-fly list (used to prevent people from boarding aircraft), the selectee and expanded selectee lists (used to flag travelers for extra screening at airport checkpoints), the TECS database (used to vet people entering or leaving the United States), the Consular Lookout and Support System (used to screen visa applications) and the known or suspected terrorists list (used by law enforcement in routine police encounters). For people who have landed on these lists, the terrorist designation has been difficult to challenge legally — although that may be about to change. On Monday, a lawsuit brought by a traveler seeking removal of her name from the no-fly list, or at least due process to challenge that list, is going to trial in Federal District Court in San Francisco, after almost eight years of legal wrangling.
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  • “We’ve tried to get discovery into whether our client has been surveilled and have been shut down on that,” said Elizabeth Pipkin, a lawyer with McManis Faulkner, the firm representing Ms. Ibrahim pro bono. “They won’t answer that question for us.” The government says that revealing this type of information would jeopardize national security. In April, Attorney General Eric H. Holder Jr. asserted to the court “a formal claim of the state secrets privilege” in the case. In another case, Latif v. Holder, 13 American citizens who have been denied boarding on flights are seeking removal of their names from any watch list, as well as the reasons they have been banned and an opportunity to rebut any derogatory information.
Paul Merrell

No ceasefire without justice for Gaza | The Electronic Intifada - 0 views

  • As academics, public figures and activists witnessing the intended genocide of 1.8 million Palestinians living in the Gaza Strip, we call for a ceasefire with Israel only if conditioned on an end to the blockade and the restoration of basic freedoms that have been denied to the people for more than seven years. Our foremost concerns are not only the health and safety of the people in our communities, but also the quality of their lives – their ability to live free of fear of imprisonment without due process, to support their families through gainful employment, and to travel to visit their relatives and further their education. These are fundamental human aspirations that have been severely limited for the Palestinian people for more than 47 years, but that have been particularly deprived from residents of Gaza since 2007. We have been pushed beyond the limits of what a normal person can be expected to endure.
  • Charges in the media and by politicians of various stripes that accuse Hamas of ordering Gaza residents to resist evacuation orders, and thus use them as human shields, are untrue. With temporary shelters full and the indiscriminate Israeli shelling, there is literally no place that is safe in Gaza. Likewise, Hamas represented the sentiment of the vast majority of residents when it rejected the unilateral ceasefire proposed by Egypt and Israel without consulting anyone in Gaza. We share the broadly held public sentiment that it is unacceptable to merely return to the status quo – in which Israel strictly limits travel in and out of the Gaza Strip, controls the supplies that come in (including a ban on most construction materials), and prohibits virtually all exports, thus crippling the economy and triggering one of the highest poverty and unemployment rates in the Arab world. To do so would mean a return to a living death.
  • Unfortunately, past experience has shown that the Israeli government repeatedly reneges on promises for further negotiations, as well as on its commitments to reform. Likewise, the international community has demonstrated no political will to enforce these pledges. Therefore, we call for a ceasefire only when negotiated conditions result in the following:
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  • Freedom of movement of Palestinians in and out of the Gaza Strip. Unlimited import and export of supplies and goods, including by land, sea and air. Unrestricted use of the Gaza seaport. Monitoring and enforcement of these agreements by a body appointed by the United Nations, with appropriate security measures. Each of these expectations is taken for granted by most countries, and it is time for the Palestinians of Gaza to be accorded the human rights they deserve. Signatures:
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    Major statement signed by dozens of prominent members of civil society in Gaza, e.g., academics, journalists, researchers, the chair of the Gaza Chamber of Commerce, publishers, NGO leaders, members and officers of the Red Crescent Society for the Gaza Strip (Muslim counterpart to the Red Cross; lawyers, and judges, etc. They've obviously decided that they will longer live in the world's largest open air prison operated by bloodthirsty Israeli Zionists. Short version, "Give us liberty or give us death."   See also http://www.middleeasteye.net/news/palestinian-civilians-still-support-resistance-despite-heavy-toll-766547339
Paul Merrell

War escalating in the Mideast - 0 views

The war in Syria is escalating rapidly; is it too late to prevent that war from engulfing the Mideast and possibly beyond? I'm posting snapshots of multiple reports in a single post today because o...

war & peace Syria Israel Turkey Saudis Lebanon Russia Hisbollah Iraq

started by Paul Merrell on 22 May 13 no follow-up yet
Paul Merrell

Army Ousts Egypt's President - Morsi Decries 'Complete Military Coup' - NYTimes.com - 0 views

  • CAIRO — Egypt’s military on Wednesday ousted Mohamed Morsi, the nation’s first freely elected president, suspending the Constitution, installing an interim government and insisting it was responding to the millions of Egyptians who had opposed the Islamist agenda of Mr. Morsi and his allies in the Muslim Brotherhood.
  • Under a “road map” for a post-Morsi government devised by a meeting of civilian political and religious leaders, the general said, the Constitution would be suspended, the head of the Supreme Constitutional Court would become acting president and plans would be expedited for new elections while an interim government was in charge. The general, who had issued a 48-hour ultimatum to Mr. Morsi on Monday to respond to what he called widespread anger over the administration’s troubled one-year-old tenure, said the president’s defiant response in a televised address on Tuesday had failed “to meet the demands of the masses of the people.”
  • Security officials said the military’s intelligence service had banned any travel by Mr. Morsi and senior Islamist aides, including the Muslim Brotherhood’s supreme guide, Mohamed Badie, and his influential deputy, Khairat el-Shater.
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    In excess of a million Egyptians have been demonstrating for days seeking the ouster of the Morsi government and its attempt to impose Sharia law on Egypt. Once again, the Egyptian military chooses to side with the people rather than the current government. 
Paul Merrell

Qods Force commander Qassem Soleimani rallies Iranian officers, Hezbollah in Syria | Th... - 0 views

  • Major General Qassem Soleimani, the commander of Iran’s Islamic Revolutionary Guards Corps – Qods Force, has been seen addressing Iranian military officers and members of Lebanese Hezbollah in western Syria. In the past, the leader of Iran’s expeditionary special operations forces has been spotted on key battlefields in Iraq and Syria prior to the launch of major operations against jihadist groups such as the Islamic State. Recent images of Soleimani (above) appeared on social media sites such as Twitter. His presence in the western province of Latakia in Syria was confirmed by Reuters. According to the news service, Soleimani was “addressing Iranian officers and Hezbollah fighters with a microphone, wearing dark clothes as he spoke to the men in camouflage.” In the photographs, Soleimani is flanked by by a handful of men wearing military fatigues. The faces of the individuals standing next to him are digitally altered to prevent their identity from being disclosed. A crowd of armed fighters who appear to be wearing US Marine Corps desert camouflage uniforms listens to his speech.
  • Latakia is a western coastal province that has long been a stronghold for the Assad family. Jihadists from the Jaysh al Fateh alliance, which is led by Al Nusrah Front, al Qaeda’s official branch in Syria, and its close ally, Ahrar al Sham, have launched attacks in the province in an effort to break Assad’s power base. Just two days ago, Abu Muhammad al Julani, Al Nusrah’s emir, threatened to indiscriminately shell villages in the province to avenge regime attacks, including airstrikes and barrel bombs dropped from helicopters, on Sunni villages, towns, and cities controlled by jihadist groups and allied rebel forces. Iran is reported to have deployed significant forces, estimated at thousands of troops, to support the Assad regime’s offensive to retake areas controlled by Jaysh al Fateh in Hama and Aleppo. But Omran al Zoubi, Syria’s Information Minister, has denied a large Iranian presence in Syria. “Only some Iranian military advisers, whose mission is to provide consultations and nothing more, are present in Syria,” Zoubi said, according to Iran’s Tasnim News Agency. Soleimani is instrumental in organizing Syrian and Iraqi militias, as well as Hezbollah, to battle Sunni jihadists and allied rebels in Syria. He has played a similar role in Iraq, where he has organized, trained, and equipped Shiite militias along the lines of Lebanese Hezbollah to fight the Islamic State. The leaders of some of these militias are listed by the US as Specially Designated Global Terrorists, and remain hostile to the US. Soleimani is occasionally photographed with these militia leaders.
  • Hezbollah has also committed a large force to back the government’s offensive in Hama and Idlib in western Syria. Thousands of the group’s fighters are said to be involved in the operation. In the past week, a senior Hezbollah leader known as Hassan al Haj was killed during the offensive. A senior Lebanese government official told Reuters that Haj was “the most important [Hezbollah] figure killed in battles in Syria since the start of the war.” Russia has also committed an expeditionary military force to back the Assad regime’s offensive. After building up its forces in Syria, the Russian military launched airstrikes on Sept. 30 and have primarily targeted Jaysh al Fateh and allied rebel groups in the northwest. Russia entered the fight under the guise of attacking the Islamic State, but few of its airstrikes have hit the jihadist group. In addition to warplanes and attack helicopters, the Russian military has deployed “marines, paratroopers, and special forces” to Syria, and even executed a sea-launched cruise missile strike from the Caspian Sea. Russia very likely coordinated its entry into the Syrian civil war with Iran and Soleimani. In July, Soleimani is reported to have visited Russia and met with met President Vladimir Putin and Defence Minister Sergei Shoigu, despite a United Nations travel ban.
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