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Paul Merrell

Establish "No Spy Zones"? Current Law Could Make It Hard - Secrecy News - 0 views

  • Disclosure of U.S. intelligence surveillance activities in Germany and other allied countries has aroused angry public reaction in those countries, and has prompted discussion of the possibility of negotiating “no spy zones” abroad in which certain types of intelligence collection would be renounced and prohibited. Some have spoken of extending to Germany or other countries the “Five Eyes” agreement that has long existed among the US, the UK, Canada, Australia and New Zealand to share intelligence, and not to spy on each other. But a rarely-noted statute could make it difficult for any U.S. administration to achieve an international agreement involving binding new limits on intelligence collection against a foreign country, unless Congress enacts the limitation itself.
  • In the FY 2001 intelligence authorization act (P.L. 106-567, sect. 308), Congress said that the imperatives of U.S. intelligence gathering are to be understood to take precedence over any treaty or international agreement: “No Federal law enacted on or after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2001 that implements a treaty or other international agreement shall be construed as making unlawful an otherwise lawful and authorized intelligence activity of the United States Government or its employees, or any other person to the extent such other person is carrying out such activity on behalf of, and at the direction of, the United States, unless such Federal law specifically addresses such intelligence activity.” By way of explanation, the Senate Intelligence Committee said in a 2000 report:  “There has been a concern that future legislation implementing international agreements could be interpreted…. as restricting intelligence activities that are otherwise entirely consistent with U.S. law and policy.” At a minimum, this provision appears to complicate any such restriction on intelligence activities that is advanced by international agreement, unless it is explicitly affirmed by Congress itself.
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    The quoted passage include a link to the public law version of the quoted statute, which includes a definition of "authorized intelligence activities" and a reference indicating the law was codified at 50 U.S.C. 442. But it ain't there in the LII Cornell online version of the Code or in the Senate's online version. The Senate version has a reference saying that it was editorially transferred to another location in a Title dealing with disposal of government records. But the referenced sections do not exist there. So a trip to the law library to check the printed version and Westlaw. At this point I cannot confirm that the statute is still in force. But this is a great example of the evils of tucking substantive legislation into appropriation and other "Christmas Tree" bills. Oregon has a state constitutional provision limiting legislative enactments to a single subject. It's been used as authority by Oregon courts to void legislation on many occasions. But good luck trying to get the federal constitution amended to add a similar limitation.   
Paul Merrell

The best way to read Glenn Greenwald's 'No Place to Hide' - 0 views

  • Journalist Glenn Greenwald just dropped a pile of new secret National Security Agency documents onto the Internet. But this isn’t just some haphazard WikiLeaks-style dump. These documents, leaked to Greenwald last year by former NSA contractor Edward Snowden, are key supplemental reading material for his new book, No Place to Hide, which went on sale Tuesday. Now, you could just go buy the book in hardcover and read it like you would any other nonfiction tome. Thanks to all the additional source material, however, if any work should be read on an e-reader or computer, this is it. Here are all the links and instructions for getting the most out of No Place to Hide.
  • Greenwald has released two versions of the accompanying NSA docs: a compressed version and an uncompressed version. The only difference between these two is the quality of the PDFs. The uncompressed version clocks in at over 91MB, while the compressed version is just under 13MB. For simple reading purposes, just go with the compressed version and save yourself some storage space. Greenwald also released additional “notes” for the book, which are just citations. Unless you’re doing some scholarly research, you can skip this download.
  • No Place to Hide is, of course, available on a wide variety of ebook formats—all of which are a few dollars cheaper than the hardcover version, I might add. Pick your e-poison: Amazon, Nook, Kobo, iBooks. Flipping back and forth Each page of the documents includes a corresponding page number for the book, to allow readers to easily flip between the book text and the supporting documents. If you use the Amazon Kindle version, you also have the option of reading Greenwald’s book directly on your computer using the Kindle for PC app or directly in your browser. Yes, that may be the worst way to read a book. In this case, however, it may be the easiest way to flip back and forth between the book text and the notes and supporting documents. Of course, you can do the same on your e-reader—though it can be a bit of a pain. Those of you who own a tablet are in luck, as they provide the best way to read both ebooks and PDF files. Simply download the book using the e-reader app of your choice, download the PDFs from Greenwald’s website, and dig in. If you own a Kindle, Nook, or other ereader, you may have to convert the PDFs into a format that works well with your device. The Internet is full of tools and how-to guides for how to do this. Here’s one:
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  • Kindle users also have the option of using Amazon’s Whispernet service, which converts PDFs into a format that functions best on the company’s e-reader. That will cost you a small fee, however—$0.15 per megabyte, which means the compressed Greenwald docs will cost you a whopping $1.95.
Paul Merrell

ExposeFacts - For Whistleblowers, Journalism and Democracy - 0 views

  • Launched by the Institute for Public Accuracy in June 2014, ExposeFacts.org represents a new approach for encouraging whistleblowers to disclose information that citizens need to make truly informed decisions in a democracy. From the outset, our message is clear: “Whistleblowers Welcome at ExposeFacts.org.” ExposeFacts aims to shed light on concealed activities that are relevant to human rights, corporate malfeasance, the environment, civil liberties and war. At a time when key provisions of the First, Fourth and Fifth Amendments are under assault, we are standing up for a free press, privacy, transparency and due process as we seek to reveal official information—whether governmental or corporate—that the public has a right to know. While no software can provide an ironclad guarantee of confidentiality, ExposeFacts—assisted by the Freedom of the Press Foundation and its “SecureDrop” whistleblower submission system—is utilizing the latest technology on behalf of anonymity for anyone submitting materials via the ExposeFacts.org website. As journalists we are committed to the goal of protecting the identity of every source who wishes to remain anonymous.
  • The seasoned editorial board of ExposeFacts will be assessing all the submitted material and, when deemed appropriate, will arrange for journalistic release of information. In exercising its judgment, the editorial board is able to call on the expertise of the ExposeFacts advisory board, which includes more than 40 journalists, whistleblowers, former U.S. government officials and others with wide-ranging expertise. We are proud that Pentagon Papers whistleblower Daniel Ellsberg was the first person to become a member of the ExposeFacts advisory board. The icon below links to a SecureDrop implementation for ExposeFacts overseen by the Freedom of the Press Foundation and is only accessible using the Tor browser. As the Freedom of the Press Foundation notes, no one can guarantee 100 percent security, but this provides a “significantly more secure environment for sources to get information than exists through normal digital channels, but there are always risks.” ExposeFacts follows all guidelines as recommended by Freedom of the Press Foundation, and whistleblowers should too; the SecureDrop onion URL should only be accessed with the Tor browser — and, for added security, be running the Tails operating system. Whistleblowers should not log-in to SecureDrop from a home or office Internet connection, but rather from public wifi, preferably one you do not frequent. Whistleblowers should keep to a minimum interacting with whistleblowing-related websites unless they are using such secure software.
    • Gary Edwards
       
      Thanks Paul! Great article and I agree with you about switching. Rather than a USB, I would rather look into a SSD and try to isolate performance to an ISP bandwidth issue. FYI, I read your Diigo posts daily at this Web site: https://groups.diigo.com/group/socialism-and-the-end-of-the-american-dream/content/user/marbux Seems to be the best visual presentation of your research. I do however think Diigo could improve their hosting of this research by enabling more extensive comments. Notice that your comments are often clipped :( Still, I really do appreciate your sharing both your research and your commentary. Priceless stuff! Many thanks! ~ge~
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    A new resource site for whistle-blowers. somewhat in the tradition of Wikileaks, but designed for encrypted communications between whistleblowers and journalists.  This one has an impressive board of advisors that includes several names I know and tend to trust, among them former whistle-blowers Daniel Ellsberg, Ray McGovern, Thomas Drake, William Binney, and Ann Wright. Leaked records can only be dropped from a web browser running the Tor anonymizer software and uses the SecureDrop system originally developed by Aaron Schwartz. They strongly recommend using the Tails secure operating system that can be installed to a thumb drive and leaves no tracks on the host machine. https://tails.boum.org/index.en.html Curious, I downloaded Tails and installed it to a virtual machine. It's a heavily customized version of Debian. It has a very nice Gnome desktop and blocks any attempt to connect to an external network by means other than installed software that demands encrypted communications. For example, web sites can only be viewed via the Tor anonymizing proxy network. It does take longer for web pages to load because they are moving over a chain of proxies, but even so it's faster than pages loaded in the dial-up modem days, even for web pages that are loaded with graphics, javascript, and other cruft. E.g., about 2 seconds for New York Times pages. All cookies are treated by default as session cookies so disappear when you close the page or the browser. I love my Linux Mint desktop, but I am thinking hard about switching that box to Tails. I've been looking for methods to send a lot more encrypted stuff down the pipe for NSA to store. Tails looks to make that not only easy, but unavoidable. From what I've gathered so far, if you want to install more software on Tails, it takes about an hour to create a customized version and then update your Tails installation from a new ISO file. Tails has a wonderful odor of having been designed for secure computing. Current
Paul Merrell

Update on Iran Sanctions Legislation « LobeLog - 0 views

  • The sponsors of the latest Kirk-Menendez Iran sanctions bill appear determined to move the legislation as quickly as possible, although it has yet to be formally introduced. Of course, both Obama and visiting British Prime Minister David Cameron came out strongly against any sanctions legislation during their joint press appearance at the White House Friday, warning that approval risked sabotaging not only the ongoing negotiations, but also unity among the P5+1 (U.S., U.K, France, Russia, China plus Germany) themselves. In olden times one would have expected most Republicans to take seriously what a British prime minister–especially one from Winston Churchill’s Conservative Party–has to say about a foreign policy issue of mutual interest. But the combination of their real hatred for Obama and purported love for Israel (and especially for the campaign funds from wealthy Republican Jewish Coalition donors like Sheldon Adelson) is likely to supersede the historic “special relationship” extolled by Churchill himself. In any event, the best and most up-to-date summary of where things stand was provided in the weekly Legislative Round-Up by Lara Friedman of Americans for Peace Now (APN), lengthy excerpts of which are reproduced below with permission. (APN legislative round-ups are an excellent source for tracking what’s happening on Capitol Hill on Middle East policy.) Note that there are two parts to her account: the first is regarding an AIPAC draft that circulated earlier this week (and Lara’s analysis of that legislation); the second, an updated version circulated at week’s end apparently in the hope of securing more Democratic support, as well as Lara’s analysis of that draft.
  • Updated analysis of Kirk-Menendez text (as of 3pm, 1/16) In some annoying corollary to Murphy’s Law, shortly after posting analysis of the draft text of the new Kirk-Menendez sanctions bill (in which it was noted that the text should not be considered final or authoritative), a newer draft of the bill began circulating (underscoring the oddness of AIPAC circulating a “summary” of the bill while it was/is apparently still being tweaked).  Bearing in mind that this new text should still not be considered final or authoritative, the following are some observations about this newer text:
  • Existing sanctions don’t snap back, but additional sanctions relief remains elusive: This newer text repeats language in the earlier draft to the effect that while following an agreement (and required notification to Congress) the President may not waive any sanctions on Iran until Congress has had time to review the deal and the Administration’s plans to verify Iranian compliance. The newer version includes language – completely absent in the earlier draft – stipulating that this ban on waiving sanctions does not apply to sanctions previously waived under the JPOA. Notably, the updated version of the bill still stipulates that the Congressional review period during which the President is barred from waiving any new sanctions must last “30 days of continuous session of Congress,” and defines “continuous session” as not including periods where Congress is in recess for more than 3 days.  What does this mean? Looking at the House Calendar for 2105 and counting the days, it means that if the President sends the details of a deal and the required “verification assessment” to Congress on July 5, no new sanctions may be waived until at least November 13.
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  • Automatic new sanctions if no agreement or further delay: Like the earlier version, this text stipulates that new sanctions would automatically be imposed, escalating over a period of months, in the event that  the Presidents fails to send to Congress the details of a comprehensive deal reached with Iran and the required “verification assessment” by July 5. This appears to apply even in the case of an additional extension or the sides agreeing to a period to iron out the details of implementation of an agreement.  It also stipulates that in the event that the President fails to send to Congress the details of a comprehensive deal reached with Iran and the required “verification assessment” by July 5, any sanctions previously waived by the President under the JPOA will automatically snap back on.
  • Laying out far-reaching parameters for a deal: Like in the previous version, the Sense of Congress included in the bill is, by definition, non-binding. It nonetheless sends a strong statement of Congressional intent. And this Sense of Congress, like the previous version, sends a statement of hardline red lines in order for any deal to be acceptable to Congress (and the lengthy review period imposed by this bill clearly implies that Congress will be reviewing any agreement to determine if it meets its standards – and implies that if it does not meet its standards, there will be concrete consequences). Promising that sanctions will continue, regardless of a deal. While, like in the previous version, the Sense of Congress is by definition non-binding, it nonetheless sends a strong statement of Congressional intent. And this Sense of Congress once again makes clear that even if there is a deal that verifiably addresses U.S. concerns about Iran’s nuclear program, Congress will seek to continue to impose far-reaching sanctions against Iran for other reasons.
  • Planting the seeds for a deal to far apart:  The key provisions of this updated version of the bill, even amended, are a clear poison pill for any agreement.  In effect, this bill undermines negotiations and weakens U.S. negotiators. Rather than offering more sanctions relief to Iran in exchange for a deal, it prohibits it, and establishes a 4-month period during which the President is explicitly deprived of any authority to deliver anything to Iran beyond what was already delivered during negotiations. Assuming Iran would agree to a deal under such circumstances – which is doubtful – this bill sets into motion a dynamic in which Iranian opponents of a diplomacy will have an easy time arguing against the deal, and in which mischief-makers in Congress will have ample time to push ahead with new legislation rejecting a deal or putting new conditions on its implementation and limitations on sanctions relief. And given the Sense of Congress in this bill – which makes the case for continued Iran sanctions even after a nuclear deal, it is not a stretch to imagine that members of Congress would adopt such an approach during this 4 month waiting period.
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    Remember that the Israeli-firsters goal is not actually do do anything about Iranian nuclear weapons: there are none. There goal is to shoot down the negotiations and for the U.S. to bomb Iran back into the Stone Age.
Gary Edwards

SNL Bank Bailout Sketch: People Who Should Be Shot - 0 views

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    Remember that controversial SNL sketch where Golden West's Herb and Marion Sandler were described as People Who Should Be Shot? NBC actually took it off the internet, prompting howls from Republicans who saw the media gagging a sketch that succesfully tied Democrats to Big Mortgage. Anyway, an edited version has back up on Hulu for awhile, but our friends at Guest of a Guest have obtained an edited version, replete with the People Who Should Be Shot descriptor. Oh if only this unedited version had become re-available before the election! November 6th, 2008
Paul Merrell

9/11 Museum World Trade Center Evidence: No Plane Hit Pentagon? | Dissident Voice - 0 views

  • Even a determined debunker of 9/11 skeptics, while laying out a coherent argument that the official 9/11 Pentagon story is true (and conflating physical evidence with photography), ends up concluding: In this essay I asked what conclusions about the Pentagon attack were supported by physical evidence — primarily post-crash photographs of the site. I found that, in every aspect I considered, this evidence comports with the crash of a Boeing 757. At the same time, the evidence does not conclusively prove that the aircraft was a 757, much less that it was Flight 77. However, that lack of conclusiveness should not be surprising given the systematic suppression of evidence by authorities.
  • In any event, the Bush administration fought long and hard to prevent any investigation of 9/11 and continued to work to undermine the 9/11 Commission until it produced its flawed report in August 2004. That final report omits any mention, much less explanation, of what Vice President Dick Cheney knew and when he knew it regarding the attack on the Pentagon. The 9/11 Commission knew full well – and chose not to confront – the serious implications of the testimony to the commission by Transportation Secretary Norman Pinetta (May 23, 2003): During the time that the airplane was coming into the Pentagon, there was a young man who would come in and say to the Vice President…the plane is 50 miles out…the plane is 30 miles out….and when it got down to the plane is 10 miles out, the young man also said to the vice president “do the orders still stand?” And the Vice President turned and whipped his neck around and said “Of course the orders still stand, have you heard anything to the contrary!??”
  • At best, the events of 9/11 represent the catastrophic failure of numerous American agencies, including airport security, air traffic controllers, national air defense command, and the U.S. Air Force. That reality alone is enough to raise suspicions of a cover-up, if only to avoid accountability for lethal incompetence. Absence of evidence is not evidence of absence. At worst, the events of 9/11 were the result of an almost unimaginable criminal conspiracy designed to produce the “new Pearl Harbor” that would enable fans of the New American Century (many of them members of the Bush administration) to take the United States in new, warlike, world-dominating directions (maybe something like a Global War on Terror).
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  • Even now, still in the shadows of 9/11, it might be instructive to hear President Bush and members of his administration vigorously questioned, under oath, as to why they decided to pay no attention – none at all (Bush is said to have told a CIA officer “you’ve covered your ass,” which sounds in retrospect almost like foreknowledge) – to the CIA briefing paper with the title: “Bin Laden Determined To Strike in US.” Long after the facts of 9/11, the Bush people defended their absolute inattention and inaction based on the absence of evidence.
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    Re 9-11, I see the cover-up conspiracy's existence as having been established beyond any reasonable doubt in enormous detail. The cover-up conspiracy's very existence casts doubt on the official version of events. The official version of events itself is a conspiracy theory and it seems beyond question that a conspiracy involving multiple persons was in fact involved (four airliners hijacked within a few hours of each other involves more than  a single pilot acting on his own). The remaining problem is determining who the real conspirators were, their roles and actions, and their motives. Given that the official version is itself a conspiracy theory, other reconstructions of events cannot logically be discarded just on the basis that they are conspiracy theories. 
Paul Merrell

Cracking The "Conspiracy Theories'" Psycholinguistic Code: The Witch Hunt against Indep... - 0 views

  • A new crusade appears to be underway to target independent research and analysis available via alternative news media. This March saw the release of “cognitive infiltration” advocate Cass Sunstein’s new book, Conspiracy Theories and Other Dangerous Ideas. In April, the confirmed federal intelligence-gathering arm, Southern Poverty Law Center (SPLC), released a new report, “Agenda 21: The UN, Sustainability, and Right Wing Conspiracy Theory.” Most recently, Newsweek magazine carried a cover story, titled, “The Plots to Destroy America: Conspiracy Theories Are a Clear and Present Danger.” As its discourse suggests, this propaganda campaign is using the now familiar “conspiracy theory” label, as outlined in Central Intelligence Agency Document 1035-960, the 1967 memo laying out a strategy for CIA “media assets” to counter criticism of the Warren Commission and attack independent investigators of President John F. Kennedy’s assassination. At that time the targets included attorney Mark Lane and New Orleans District Attorney Jim Garrison, who were routinely defamed and lampooned in major US news outlets.
  • Declassified government documents have proven Lane and Garrison’s allegations of CIA-involvement in the assassination largely accurate. Nevertheless, the prospect of being subject to the conspiracy theorist smear remains a potent weapon for intimidating authors, journalists, and scholars from interrogating complex events, policies, and other potentially controversial subject matter.
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    Sunstein was the Administrator of the White House Office of Information and Regulatory Affairs in the Obama administration, a long-time buddy of Obama's who taught law at the University of Chicago. He's also the husband of neocon U.S. Ambassador to the UN Samantha Power. He now teaches law at Harvard.  I haven't read Sunstein's book, but did read a paper he had previously published, as I recall on SSRN, along the same theme. It was a comical read, seemingly the winner of some sort of contest to see who could stuff the most logical fallacies into a set number of pages. And of course the premises of the fallacies had no citations. Sunstein simply assumes that the official version of events is invariably the only true version and that any version that conflicts is a dangerous "conspiracy theory."  So then he proposes some asinine, truly juvenile propaganda methods that the government might use to destroy the reputations of the "conspiracy theorists." Having been a professional, trained propagandist for the U.S. Army in Viet Nam, I can say with some confidence that no one need fear Sunstein's proposed methods.  Short story, Sunstein is a "good ole' boy" from the Chicago Democratic Machine who in truth lacks the skills and abilities to be even a good academic, let alone a good propagandist. That isn't to suggest that ad hominem attacks can never destroy reputations. But "conspiracy theorist" just isn't strong enough to instill fear. Call us "terrorists" instead and maybe you'd get some traction. 
Paul Merrell

One Click Politics - 0 views

  • 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.
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    I have never forwarded action alerts to others by email. The typical action alert winds up sharing your email address with at least one other organization. The next thing you know you're getting donor solicitations from both the Republican and Democratic party central national coordinating committees. It's not just that I'm a political independent; it's an ongoing task to unsubscribe from unwanted mailing lists. Today I got an action alert from Move to Amend, only the second I have received from the organization. This group does not share your email address with anyone. If you choose to participate in this action alert, which is nearing 1 million messages sent, there is a send button near the bottom of the page to participate. That takes you to a page where you can read the message that will be sent. Move to Amend is a non-partisan organization that has been working toward a constitutional amendment for around 4 years that would clear the way for Congress to regulate campaign contributions, in light of Supreme Court decisions declaring that corporations have a First Amendment right to make campaign contributions in any amount they desire. But their amendment would also abolish constitutional rights for all fictional legal "persons" other than human beings and government at the local, state, and national levels. Move to Amend has been going about the process the right way and to date has scored supporting resolutions in 16 state legislatures and hundreds of community governments. That's enough to get oligarchs worried. So there's a bill gathering steam in the U.S. Senate, SJR 19, that's a watered-down version. It grants Congress and the states power to regulate campaign contributions, but it does not speak to the problem of granting human constitutional rights to entities that have existence only in the eyes of the law. The Senate bill is here: http://goo.gl/Nkvfkg Our nation's Founders unmistakably did not contemplate that corporations would have constitution
Paul Merrell

Why You Need a Passport Now! by Robert Wenzel - 0 views

  • At a future point, it may be impossible to get one. PapersPlease.org reports on what the State Department is planning for future passport applicants: The new U.S. passport application forms are back, worse than ever. Ignoring massive public opposition, and despite having recently admitted that it is already using the “proposed” forms illegally without approval, the State Department is trying again to get approval for a pair of impossible-to-complete new passport application forms that would, in effect, allow the State Department to deny you a passport simply by choosing to send you either or both of the new “long forms”. Early last year, the State Department proposed a new “Biographical Questionnaire” for passport applicants, which would have required anyone selected to receive the new long-form DS-5513 to answer bizarre and intrusive personal trivia questions about everything from whether you were circumcised (and if so, with what accompanying religious rituals) to the dates of all of your mother’s pre- and post-natal medical appointments, your parents’ addresses one year before you were born, every address at which you have ever resided, and your lifetime employment history including the names and phone numbers of each of your supervisors at every job you have ever held.
  • Most people would be unable to complete the proposed new form no matter how much time and money they invested in research. Requiring someone to complete Form DS-5513 would amount to de facto denial of their application for a passport — which, as we told the State Department, appeared to be the point of the form. The State Department’s notice of the proposal in the Federal Register didn’t include the form itself. After we published the proposed Form DS-5513, the story went viral and more than 3,000 public comments objecting to the proposal were filed with the State Department in the final 24 hours of the comment period. After that fiasco, the State Department went dark for several months, and claimed that they would “revise” the form. But they didn’t give up, and apparently they didn’t listen to (or didn’t care) what they had been told by members of the public in our comments. The State Department is now seeking approval for a (slightly)revised Form DS-5513 as well as a new Form DS-5520, also for passport applicants, containing many of the same questions.
  • The State Department no longer wants you to tell the passport examiner about the circumstances of your circumcision, but does still want to know the dates and locations of all of your mother’s pre- and post-natal medical appointments, how long she was hospitalized for your birth, and a complete list of everyone who was in the room when you were born. The revised forms no longer ask for all the addresses at which you have lived, but only for those addresses you are least likely to know: all the places you lived from birth until age 18. And so on, as you can see for yourself on the proposed Form DS-5513 and Form DS-5520. Read more here.
Paul Merrell

Did Congress's Best Plan for NSA Reform Just Lose Its Teeth? | The Nation - 0 views

  • For the first time since Edward Snowden revealed some of the National Security Agency’s (NSA’s) surveillance programs last June, a congressional committee has voted to send legislation intended to curb the government’s spying power on for a full vote. On Wednesday, the House Judiciary Committee passed a version of the USA Freedom Act, considered by civil liberties advocates to be among the strongest of several competing reform bills. But what lawmakers voted unanimously to approve is a trimmed down version that is narrower in significant ways. The revision is the result of an agreement crafted by members of the Judiciary Committee— including Republican chairman Bob Goodlatte, who voted previously against an attempt to limit the NSA’s reach—in a bid to win wider support. In its compromised form the bill is more specifically focused on the phone records program and the statute that authorizes it, Section 215 of the Patriot Act. Under the amended version of the bill, the government itself would no longer be allowed to hold a database of people’s calling records, and would have to seek a judge’s order before collecting data held by the telecom companies—a change that President Obama has said he would support. The bill would also increase transparency by allowing phone companies to inform the public about the requests for data they receive.
  • Cut out of the amended version is a ban on unauthorized “back door” searches, the practice of mining a database of foreigners’ communications for the emails and phone calls of American citizens. Such searches are made under a different authority, Section 702 of the Foreign Intelligence Surveillance Act (FISA), which lawmakers left untouched during Wednesday’s markup. The amendment also softened reforms to the secret court that authorizes the NSA’s surveillance activities, and preserved the requirement that the government need only prove “reasonable articulable suspicion” that records sought are relevant to an open investigation—the NSA’s preferred relevancy standard.
  • there’s valid concern that the phone records program will turn out to be a sacrificial lamb for the administration, something given up in the hopes that Congress will wash its hands of the rest. The dragnet is not disappearing under the USA Freedom Act; metadata will still be available to the government, if not quite so freely; and a single court order will allow officials to explore phone records two “hops” away from the initial target—potentially millions of records. It’s unclear whether the bill explicitly bars intelligence agencies from collecting the contents of communications under Section 215, a provision that originally distinguished the USA Freedom Act from Rogers’s bill. Though the ban was absent in the version that passed the committee, Lofgren speculated that the omission was due to a clerical error. What’s for sure is that Congress’s ability to truly reform—and oversee— the intelligence community remains unclear.
Paul Merrell

N.S.A. Breached Chinese Servers Seen as Security Threat - NYTimes.com - 0 views

  • American officials have long considered Huawei, the Chinese telecommunications giant, a security threat, blocking it from business deals in the United States for fear that the company would create “back doors” in its equipment that could allow the Chinese military or Beijing-backed hackers to steal corporate and government secrets.But even as the United States made a public case about the dangers of buying from Huawei, classified documents show that the National Security Agency was creating its own back doors — directly into Huawei’s networks.
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    New York TImes version of same story published yesterday by Der Spiegel, with much more detail in this version. 
Paul Merrell

Sen. Leahy's Latest NSA bill: The Good, The Bad, and The Ugly | Just Security - 0 views

  • This morning, Senator Patrick Leahy released a new version of the USA Freedom Act, a bill intended to reform NSA surveillance following Edward Snowden’s revelations that the intelligence agency collects Americans’ calling records in bulk. USA Freedom Act has a disappointing history. While initially proposing much for Americans, if not our friends overseas, to like, the version that eventually passed the House in May was, at best, utterly neutered.  Today’s version, hashed out between Sen. Leahy, Obama Administration officials, and civil liberties proponents, moves the needle much closer to the original version. Of course, as this USA Freedom Act moves through the Senate, the bill could change. And if it passes the Senate, the House will have to reconcile this version with its own gelded one. But for now, there are things to like, things to hate, and things remaining to fear in USA Freedom.
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    U.S. Constitution Amendment 4, as the enemies of civil liberties would like it to read: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, *unless a government official wants to violate that right,* and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized, *unless a government official should decide that he or she would be inconvenienced by such procedure."*
Gary Edwards

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

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

Am. Express Co. v. Italian Colors Rest. :: Justia US Supreme Court Center - 0 views

  • Justia.com Opinion Summary: An agreement between American Express and merchants who accept American Express cards, requires that all of their disputes be resolved by arbitration and provides that there “shall be no right or authority for any Claims to be arbitrated on a class action basis.” The merchants filed a class action, claiming that American Express violated section 1 of the Sherman Act and seeking treble damages under section 4 of the Clayton Act. The district court dismissed. The Second Circuit reversed, holding that the class action waiver was unenforceable and that arbitration could not proceed because of prohibitive costs. The Circuit upheld its reversal on remand in light of a Supreme Court holding that a party may not be compelled to submit to class arbitration absent an agreement to do so. The Supreme Court reversed. The FAA reflects an overarching principle that arbitration is a matter of contract and does not permit courts to invalidate a contractual waiver of class arbitration on the ground that the plaintiff’s cost of individually arbitrating a federal statutory claim exceeds the potential recovery. Courts must rigorously enforce arbitration agreements even for claims alleging violation of a federal statute, unless the FAA mandate has been overridden by a contrary congressional command. No contrary congressional command requires rejection of this waiver. Federal antitrust laws do not guarantee an affordable procedural path to the vindication of every claim or indicate an intention to preclude waiver of class-action procedures. The fact that it is not worth the expense involved in proving a statutory remedy does not constitute the elimination of the right to pursue that remedy.
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    Remarkable 5-3 Supreme Court decision in favor of the banksters, in effect overruling a line of prior decisions nearly 30 years old. At issue, whether a credit card monopolists' form contract with merchants containing a mandatory arbitration clause could lawfully bar judicial review under the antitrust laws when the arbitration clause barred class arbitration and the amount merchants could hope to recover was less than a tenth of the expense of litigating claims individually. (Antitrust cases are unusually expensive to prosecute.) For nearly three decades, the Court had implied an exception to the Federal Arbitration Act that allowed plaintiffs to litigate claims subject to arbitration clauses in court to vindicate rights under federal law when arbitration would not provide an effective remedy for the violation of federal law. No more. Upholding the "right" of American Express to insist on a 30 percent share of the price of each sale transacted with an American Express card. Read Justice Kagan's dissent, joined by two other justices, to learn what's wrong with the majority's decision. Her nushell version: "here is the nutshell version of today's opinion, admirably flaunted rather than camoflaged: Too darn bad." The majority did, however, leave it open for Congress to amend the Arbitration Act to resolve the issue. But with corporate and bankster influence in Congress, good luck with that. This decision, unfortunately, has major implications for software developers, as well as other merchants. For example, the current crop of "app store" restrictions on competition enforced by technical measures on app developers by monopolists such as Apple and Microsoft, insisting on a 30 per cent cut of each sale. One can rest assured that such contracts contain similar arbitration clauses
Paul Merrell

Obama's Speech, Annotated Version | emptywheel - 0 views

  • Obama’s speech as written is below, with my comments (no indent) included.
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    Excellent annotated version of Obama's NSA "reform" speech. The annotations scathingly critique Obama's statements. 
Paul Merrell

Al-Qaeda might attack Guantanamo, claims US - Human Rights - Al Jazeera English - 0 views

  • In a 13-page brief filed on Friday in federal court in Washington, DC, government lawyers assert that a June 3 declaration signed by Guantanamo prison warden Colonel John Bogdan, which sought to justify the rationale behind the genital search policy , contains details about "operational-security and force-protection procedures" that, if made public, "would better enable our enemies to attack the detention facilities at Guantanamo or undermine security at the facility".
  • The government made these claims in response to a motion to intervene  filed by this reporter in federal court last month which sought to unseal Bogdan's six-page declaration. Journalists can intervene in court cases and argue for the release of certain materials on the grounds that the public has a right of access to judicial records. The warden's declaration was submitted by the government - under seal - in response to a lawsuit filed by Guantanamo attorneys, who argued the genital search policy Bogdan enacted at the height of a mass hunger strike in April interfered with prisoners' access to their lawyers. The new procedures required prisoners to agree to have their genitals searched whenever they left their cells to meet with attorneys, and upon return, to ensure they were not transporting "contraband". Rather than submit to the searches, numerous prisoners declined to meet with their lawyers.
  • Last month, US District Court Judge Royce Lamberth banned the searches, calling them "religiously and culturally abhorrent". Lamberth said the protocol Bogdan implemented under the guise of security was actually intended to deter prisoners from meeting with their lawyers. The judge noted the "government is a recidivist when it comes to denying counsel access" to the prisoners. Three days after Lamberth issued his opinion, this reporter's Washington, DC-based attorney, Jeffrey Light, filed a motion to intervene to unseal Bogdan's declaration. The following week a federal appeals court reversed Lamberth's decision while the government prepared a formal appeal.
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  • Secret, or not secret? In response to the court filing, the government on Friday released a partially redacted version of Bogdan's declaration, and argued that the blacked-out passages in the document should remain secret - because they contained sensitive "operational-security information" about Guantanamo. But it appears government lawyers were unaware that another version of Bogdan's declaration - one that contained a different set of redactions - was publicly released last month, in documents filed with the federal appeals court when the government asked Lamberth's decision to be put on hold. Redacted passages that the government says needs to remain secret are unredacted in the earlier version filed on the public record as part of the government's appeal. At the same time, some unredacted passages in the declaration submitted on Friday are redacted in the public version of Bogdan's declaration filed with the appeals court last month.
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    Today's free giggle, courtesy of the U.S. Dept. of Justice and Dept. of Defense. So sensitive that it would make Gitmo more susceptible to terrorist attack, Judge. Just ignore that Google Maps view of Gitmo and think about how important it is that we be allowed to fondl ... er, probe those genitals and anuses for contraband and weapons, Judge.  What's that, you say, the intervenor already published the document? We released it last week? Judge ... :-) 
Gary Edwards

The Thorium Powered Car - EPautos - 0 views

  • An internal combustion can burn gas and CNG (or propane). All that was necessary to allow the switch from one fuel to another was some additional plumbing and calibration of the car’s ECU (the computer that makes air-fuel ratio adjustments and so on). So, no worries about running empty – and no waiting for hours to refuel. Three, CNG was (is) cheap and burns very cleanly and is massively abundant right here in the U.S.  At a stroke, the three major charges leveled against the pure-gasoline-burning car are vacated. The CNG car hardly pollutes and it greatly reduces and potentially eliminates dependence on “foreign” oil. Also, the cost of the CNG car itself was within reason because no uber-elaborate technology was necessary (unlike electric cars and hybrid electric cars). Just some modifications to an existing car. Sure, there were some issues to be sorted out – the big one being making it easy (and safe) for the average person to refill the CNG tanks. But the technology of the car itself worked – and was economic.
  • So why wasn’t it developed? Perhaps precisely because it did work – and was economic. People could drive big – and powerful cars. At a reasonable cost. Well, they could have.
  • Here’s another, more recent one: The thorium-turbine powered car. Heat energy from the thorium – a weakly radioactive element (named after the Norse god Thor) that is estimated to be 3-4 times more naturally abundant than uranium and which contains 20 million times the energy as an equivalent lump of coal – is used to generate steam, which is then used to power a small turbine, which provides the motive force. The beauty of the system is that – like a nuclear submarine – the fuel lasts almost forever. Well, longer than you will last, probably. How’s 100 years sound? No more stopping for “gas”… ever. This alone would make current IC cars seem as wasteful of time (and energy) as current IC cars make electric cars look wasteful of time and energy. But wait, there’s more.
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  • Well, less. No emissions at all. Because nothing’s being burned, there’s no exhaust. Water to steam, expansion and contraction – and back again. Closed (and clean) loop. The Algoreans ought to be ecstatic. Yet there is dead silence. You can hear the crickets chirping. Is it because thorium is radioactive? The word is third rail to scientifically illiterate homo Americanus – who fears it in the same way a savage fears the voices coming out of the Talk Box (radio). The mere mention of the word is sufficient to incite a panic. It’s why the nuclear power grid is dead in the water; or rather, as old as a Betamax copy of Saturday Night Fever. But it’s not even the same thing. Thorium is mildly radioactive. Dr. Charles Stevens, CEO of Laser Power Systems – which is developing the technology, or at least, trying to – says: “The radiation can be shielded by a single sheet of aluminum foil.” 
  • Bear in mind that gasoline is a highly volatile, highly explosive liquid fuel. But most of us do not sweat having 15 or so gallons of the stuff sloshing around in our cars, because we’re used to it. Because we know the gas tank is well-protected and not likely to burst into flames. It could happen, sure. But the individual risk is very small – just as the individual risk posed by a thorium-turbine car’s low-level radioactivity is small. Well, would be. If such cars were to be produced. But, it doesn’t look like they will be. Stevens told Mashable that “the automakers don’t want to buy them” – so his company is focusing on other applications of the technology, including an air conditioner-size unit that could power an entire restaurant or hotel, eliminating the need for grid electricity. This ought to please the Algoreans, too – since the electric grid is powered mostly by coal and oil-fired utility plants. But, again, crickets. It kind of makes you wonder, doesn’t it?
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    "Why is it that alternative technologies that clearly do not work -  which are so gimped by functional and economic problems as to be not-viable on the market absent huge subsidies and even then, it's hard to give them away - continue to receive seemingly endless financial and political support … while technologies that actually might work better than current internal combustion engine technology can't seem to get any traction at all? Electric cars are hopeless. For more than a century now, generations of engineers have tried - and, so far, failed - to develop a battery that will endow an electric car with the range and reasonable recharge times necessary for everyday-driver viability… at a cost (not subsidized) that would make such a car a better choice, economically speaking, than an otherwise comparable gasoline (or diesel) powered car. Billions of dollars, probably, have been thrown at the electric car and - so far - no major technological improvement over a 1906 Baker Landolet. Meanwhile, whatever happened to the natural gas-burning car? Back in the mid-'90s, both Ford and GM built - and actually sold - natural-gas (CNG) fueled cars. Several things about them were interesting. One, they were big cars. Ford sold a CNG version of its six-passenger/full-size Crown Vic; GM sold a CNG version of the Vic's primary competition - the Chevy Caprice. Part of the reason for going with the big car as the platform was the need for a big trunk to house the CNG tank (and still have some trunk space left for people's things). But the take-home point was that you got a nice big family car - with a V8 engine - rather than a scrunched up subcompact. Two, they were practical. No range issue, because you had plenty (150-plus) on the CNG and the distance you could drive was not affected by the outside temperature or greatly reduced if you ran accessories like the AC and headlights, as it is in electric cars. And besides, when the C
Gary Edwards

Republican Contract with America, Version 2.0 -- Politics Daily - 0 views

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    What follows are my suggestions for what a 21st century compact might look like. Call it the GOP Contract with America, version 2.0. -- call it whatever you want. It would not be a "purity test," but instead a promise from the party leadership to the American people that if Republicans are given control of the Congress, the following acts will be brought to a vote in the 112th Congress: ..The American Health Care Act:  ..The e-Congress Act: ..The Limited Government and Transparency Act: ..The Energy Independence Now Act: ..The Strong National Defense Act ..Secure Our Borders Act: ..The Free Campaign Speech and Workplace Act: ..The Science and Final Frontiers Act: ..The Savings for the Future Act : ..The Educate America Act
Paul Merrell

Redactions in U.S. Memo Leave Doubts on Data Surveillance Program - NYTimes.com - 0 views

  • The Justice Department has released a newly declassified version of a May 2004 legal memo approving the National Security Agency’s Stellarwind program, a set of warrantless surveillance and data collection activities that President George W. Bush secretly authorized after the terrorist attacks of Sept. 11, 2001. But questions about the program remain.A more heavily redacted version of the memo had been released in 2011 as part of Freedom of Information Act lawsuits by the American Civil Liberties Union and the Electronic Privacy Information Center. The new version includes previously censored references to the existence of the data collection related to Americans’ phone calls and emails.
  • The Obama administration voluntarily reprocessed the memo from Jack Goldsmith, the head of the Justice Department’s Office of Legal Counsel, in light of the fact that it had declassified the existence of the bulk phone and email data programs last year after leaks by Edward J. Snowden, a former N.S.A. contractor.The fuller release adds to the public record of an important historical episode. However, the government continued to redact crucial portions of the memo that would answer a primary remaining question about the history of Stellarwind: What prompted the Justice Department to conclude in early 2004 that one aspect of the program, which collected records about Americans’ emails in bulk, was illegal — even though it permitted other aspects, like warrantless wiretapping and the bulk collection of Americans’ phone records, to continue?“They have continued to keep redacted something very significant,” said Jameel Jaffer, a lawyer with the A.C.L.U.
  • The Justice Department’s conclusion that the email metadata program was illegal led to a March 2004 confrontation between White House and department officials in the hospital room of Attorney General John Ashcroft, after which nearly the entire top leadership of the department threatened to resign, prompting President Bush to agree to changes.
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  • parts of what had happened began to become public, starting with a December 2005 article in The New York Times that revealed the warrantless wiretapping portion of the program. The bulk phone and email metadata programs, however, remained secret until 2013, when they came to light in leaks by Mr. Snowden.While the basic existence of the March 2004 crisis has been known, it was not until Mr. Snowden’s leaks that it became clear that it pertained only to the Internet metadata program. However, it has remained murky what Mr. Goldsmith objected to in light of his willingness to bless the rest of Stellarwind based on a sweeping theory of presidential wartime powers.Those portions of the memo remain redacted in the newly released version.
Paul Merrell

News Roundup and Notes: September 11, 2014 | Just Security - 0 views

  • In a highly anticipated address last night, President Barack Obama authorized a significant expansion of the U.S. campaign to “degrade and ultimately destroy” the Islamic State in Iraq and Syria, backed by a broad coalition of allies. His four-part strategy against ISIS will involve a “systematic campaign of airstrikes” against the militants “wherever they are,” including Syria; the deployment of an additional 475 advisers to Iraq; and new support for the moderate Syrian opposition. Obama sought to distinguish his campaign from the wars in Iraq and Afghanistan, likening the mission to U.S. strikes against suspected terrorists in Yemen and Somalia [Reuters’ Steve Holland and Roberta Rampton; Washington Post’s Juliet Eilperin and Ed O’Keefe]. Saudi Arabia has agreed to provide a training base for moderate Syrian opposition fighters—which forms part of the president’s strategy—following an American request [New York Times’ Michael R. Gordon and Eric Schmitt].
  • Lauren French [Politico] discusses the mixed reactions to Obama’s speech on the Hill. The Syrian National Coalition, the main Western-supported opposition group, issued a statement yesterday welcoming President Obama’s announcement that the U.S. would conduct airstrikes targeting the Islamic State in Syria [Associated Press]. Australia and Japan also expressed their support for the president’s strategy this morning [Wall Street Journal’s Rob Taylor and Alexander Martin]. However, there has been a “muted response” to Obama’s address from Arab states in the Gulf region [Wall Street Journal’s Rory Jones].
  • Reuters (David Lawder and Patricia Zengerle) reports that U.S. lawmakers are considering a congressional vote on President Obama’s plan, but several Republicans want further information on the strategy to battle global terrorism, while many would prefer a vote wider than one focused solely on funding for the Syrian opposition. And The Daily Beast (Josh Rogin and Tim Mak) writes that Democrats are ready to approve Obama’s request for $5 billion to counter terrorism, despite the lack of details on how the money would be used. The Wall Street Journal (Julian E. Barnes and Siobhan Gorman) focuses on the president’s plan to rely on U.S.-trained local forces to battle the Islamic State, noting America’s “poor track record” of relying on local forces in Iraq and Libya.
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  • The New York Times’ Charlie Savage discusses the president’s reliance on existing authorization for his campaign against ISIS, although Obama indicated in his speech that he would “welcome congressional support” for this operation. Eli Lake [The Daily Beast] and Spencer Ackerman [The Guardian] also explore the legality of the administration’s expanded mission against ISIS. Politico (Jake Sherman and John Bresnahan) notes that Obama’s urgent request for authorization to equip and train moderate Syrian rebels “is scrambling delicate plans on Capitol Hill less that two months before the midterm elections.”
  • Peter Baker [New York Times] suggests that Obama’s new course is likely to extend “a legacy of war,” and could leave the president’s successor with “a volatile and incomplete war, much as his predecessor left one for him.” The New York Times editorial board weighs the strengths and weaknesses of the president’s strategy, suggesting that the authorization of strikes in Syria was a decision in which he “had little choice militarily or politically.” The Wall Street Journal editorial board suggests that Obama’s “biggest obstacle … will be his own ambivalence about American military force.” And the Washington Post editorial board calls on Congress to take a supportive view, stating that “[c]ongressional and public debate are especially necessary to help strengthen those parts of Mr. Obama’s strategy that remain open to question.” Edward-Isaac Dovere and Josh Gerstein [Politico] provide an analysis of the “speech Obama didn’t want to give.”
  • In other developments, the U.S. military conducted an airstrike on Tuesday in support of Iraqi Security Forces’ efforts to defend Erbil [Central Command]. The Washington Post (Adam Goldman) reports that a senior intelligence official told Congress yesterday that the Department of Homeland Security is “unaware of any specific credible threat to the U.S. homeland” from the Islamic State.     Al Jazeera has learned that the 45 UN peacekeepers from Fiji held by the Nusra Front rebel group in the Golan Heights have been released. An international watchdog has reported that chlorine gas was used as a chemical weapon in northern Syria earlier this year, in an attack that only the Assad regime could have the ability to conduct [Wall Street Journal’s Naftali Bendavid].
  • Murtaza Hussein [The Intercept] reports on the assassination of one of Syria’s top anti-ISIS rebel leaders, suggesting that the group was one of “Obama’s best hope[s]” and that the U.S. must now consider aligning itself with Iran. A young woman from Colorado pleaded guilty yesterday to conspiring to assist ISIS, after she was arrested attempting to travel to Syria [New York Times’ Emma G. Fitzsimons]. Peter Mass [The Intercept] argues why the American government should not have censored the media from hosting the videos of the beheadings of American journalists James Foley and Steven Sotloff.
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