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Paul Merrell

Supreme Court Strikes Out KBR - 0 views

  • The U.S. Supreme Court came out in favor of contractor accountability this week, rejecting attempts by KBR and its former parent company, Halliburton, to dismiss three lawsuits accusing them of harming service members and civilians in Iraq and Afghanistan. (KBR, one of the largest reconstruction and logistics contractors in Iraq and Afghanistan, was part of Halliburton until 2007.) The Supreme Court, which denied the companies’ petitions without comment, left intact lower court rulings allowing these lawsuits to proceed to trial:
  • Metzgar v. KBR Dozens of U.S. military personnel and civilian employees claim they suffered harm as a result of KBR’s waste disposal and water treatment practices on military bases in Iraq and Afghanistan. The case involves KBR’s Logistics Civil Augmentation Program (LOGCAP) III contract. The plaintiffs allege that the company burned large quantities of solid waste in toxin-spewing open-air burn pits and provided contaminated water. Harris v. KBR Cheryl Harris seeks to hold KBR and Halliburton accountable for the death of her son, Staff Sergeant Ryan Maseth, who was electrocuted in 2008 while showering at his base in Iraq. KBR’s responsibility for maintaining the shower facilities was also part of the LOGCAP III contract.
  • McManaway v. KBR American and British soldiers allege KBR knowingly exposed them to the hazardous chemical sodium dichromate while they were posted at the Qarmat Ali water treatment facility in Iraq in 2003. The soldiers were protecting KBR employees who were restoring the facility. This case involves the Restore Iraqi Oil (RIO) contract, which contained a provision requiring the government to indemnify KBR for any property damage, injury, or death occurring on the contract and all related legal expenses. The government is refusing to indemnify KBR for Qarmat Ali litigation, which has already resulted in an $81 million judgment against the company in a case filed in Oregon. Both the indemnification decision and the Oregon judgment are still mired in appeals, despite Congress urging the Pentagon last year to “take control of the litigation process” and hasten its conclusion. “With KBR’s immunity petitions rejected by the Supreme Court in three separate cases, the wait for the veterans’ cases to proceed to trial has finally ended,” attorney Michael Doyle, who represents the plaintiffs in in the Metzgar and McManaway cases, told the Project On Government Oversight. “There can’t be a place in American law for blanket immunity for military contractor misconduct harming our troops and others, and we look forward to the next trial soon.”
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  • The plaintiffs are suing the contractors because the government is generally immune from personal injury lawsuits. Contingency operation contractors like KBR and Halliburton argue they are also immune because they function essentially as an extension of the military. Ever since the first bombs fell on Afghanistan more than 13 years ago, contractor civil and criminal liability in war zones has been a hotly debated and litigated issue. However, recent decisions by the Supreme Court and the federal circuit courts give us hope that this area of law is becoming more settled and contractor accountability cases will have an easier time getting to trial.
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    There's an error in the article where it states that "the government is generally immune from personal injury lawsuits." In fact the federal government generally can be sued for personal injury under the Federal Tort Claims Act, but there is an exception created by the Supreme Court in Feres v. United States: the federal government has no liabllity for personal injuries to members of the armed forces sustained while on active duty and not on furlough and resulting from the negligence of others in the armed forces. See for an overview, https://en.wikipedia.org/wiki/Feres_v._United_States However, veterans are entitled in such circumstances to Department of Veteran Affairs disability benefits and medical treatment. Military contractors are very fond of trying to piggy-back onto the Feres Doctrine but it rarely works. I've read a fair bit about KBR's conduct involved. KBR even had multi-million-dollar incinerators there for waste disposal that the government paid for (and their transport to the war zones) to safely dispose of wastes without endangering soldiers, but never set them up. That is pretty solid evidence that they knew of the hazard from using open burn pits. And it's also pretty strong proof that our military auditors in charge of checking contract compliance gave KBR a pass. Did money change hands between KBR and the auditors? War profiteering at its finest. "There is such a thirst for gain [among military suppliers]... that it is enough to make one curse their own Species, for possessing so little virtue and patriotism." George Washington.
Paul Merrell

Watchdogs, Lapdogs and Attack Dogs | Washington Examiner - 0 views

  • Watchdogs, Lapdogs and Attack Dogs A four-part series by the Washington Examiner examining the state of the inspectors general.
  • Part Three: Bad things happen to whistleblowers when watchdogs become attack dogs By Mark Flatten | 12/03/14 05:00 AM A whistleblower tried to report wrongdoing to the Veterans Affairs IG — and faced retaliation from administrators. Read More…
  • Part Two: Temporary IGs subject to agency manipulators covering up waste By Mark Flatten | 12/02/14 05:00 AM Interim IGs have been accused of softening investigative reports under pressure from agency administrators Read More…
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  • Part One: IGs form front line of war on waste and fraud, but weak links remain By Mark Flatten | 12/01/14 05:00 AM Whistleblowers routinely say inspectors general failed to investigate their charges of wrongdoing. Read More…
  • Coming up Thursday: Few fixes available for problem IGs
Paul Merrell

US Tax Dollars up in Smoke Over Afghanistan - WhoWhatWhy - 0 views

  • Want to meet a government official who tells the truth — in spades? Then you will definitely want to set aside time to hear of the stunning findings of the top US investigator for spending in Afghanistan.The biggest problem is not theft, but waste, he says. For example, the $500 million spent on airplanes that no one could fly, and that ultimately had to be scrapped, a process that cost yet more thousands of dollars. Or the gift of soybeans, which the Afghans will not eat and will not grow. Or how about the creation of a navy for Afghanistan — a country that is landlocked?The biggest source of the problem is the lack of accountability, he says. But that is changing.
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    Interesting podcast interview with the special inspector general for waste in Aftghanistan. Did you know that we paid for a navy for landlocked Afghanistan? Or that $500 billion worth of aircraft sent for use by  fghanistan were never flown because they were not airworthy? This short podcast is definitely worth listening to, even if you are a supporter of government waste.
Gary Edwards

The Stunning Hypocrisy of the U.S. Government - BlackListedNews.com - 1 views

  • Please read this rather good summary in this morning’s New York Times of the worldwide debate Snowden has enabled – how these disclosures have “set off a national debate over the proper limits of government surveillance” and “opened an unprecedented window on the details of surveillance by the NSA, including its compilation of logs of virtually all telephone calls in the United States and its collection of e-mails of foreigners from the major American Internet companies, including Google, Yahoo, Microsoft, Apple and Skype” – and ask yourself: has Snowden actually does anything to bring “injury to the United States”, or has he performed an immense public service?
  • The irony is obvious: the same people who are building a ubiquitous surveillance system to spy on everyone in the world, including their own citizens, are now accusing the person who exposed it of “espionage”.
  • It seems clear that the people who are actually bringing “injury to the United States” are those who are waging war on basic tenets of transparency and secretly constructing a mass and often illegal and unconstitutional surveillance apparatus aimed at American citizens – and those who are lying to the American people and its Congress about what they’re doing – rather than those who are devoted to informing the American people that this is being done.
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  • The Obama administration leaks classified information continuously. They do it to glorify the President, or manipulate public opinion, or even to help produce a pre-election propaganda film about the Osama bin Laden raid.
  • The Obama administration does not hate unauthorized leaks of classified information. They are more responsible for such leaks than anyone.
  • What they hate are leaks that embarrass them or expose their wrongdoing.
  • The “enemy” they’re seeking to keep ignorant with selective and excessive leak prosecutions are not The Terrorists or The Chinese Communists.
  • It’s the American people.
  • The people who have learned things they didn’t already know are American citizens who have no connection to terrorism or foreign intelligence, as well as hundreds of millions of citizens around the world about whom the same is true.
  • What they have learned is that the vast bulk of this surveillance apparatus is directed not at the Chinese or Russian governments or the Terrorists, but at them.
  • And that is precisely why the US government is so furious and will bring its full weight to bear against these disclosures.
  • What has been “harmed” is not the national security of the US but the ability of its political leaders to work against their own citizens and citizens around the world in the dark, with zero transparency or real accountability.
  • If anything is a crime, it’s that secret, unaccountable and deceitful behavior: not the shining of light on it.
  • At a press conference to discuss the accusations, an N.S.A. spokesman surprised observers by announcing the spying charges against Mr. Snowden with a totally straight face. “These charges send a clear message,” the spokesman said. “In the United States, you can’t spy on people.”
  • “The American people have the right to assume that their private documents will remain private and won’t be collected by someone in the government for his own purposes.”
  • “Only by bringing Mr. Snowden to justice can we safeguard the most precious of American rights: privacy,” added the spokesman, apparently serious.
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    Extremely well linked story from "Washington's Blog" excerpt: "The Government's Hypocrisy Is the Core Problem Congress has exempted itself from the prohibition against trading on inside information … the law that got Martha Stewart and many other people thrown in jail. There are many other ways in which the hypocrisy of the politicians in D.C. are hurting our country. Washington politicians say we have to slash basic services, and yet waste hundreds of billions of dollars on counter-productive boondoggles.  If the politicos just stopped throwing money at corporate welfare queens, military and security boondoggles and pork, harmful quantitative easing, unnecessary nuclear subsidies,  the failed war on drugs, and other wasted and counter-productive expenses, we wouldn't need to impose austerity on the people. The D.C. politicians said that the giant failed banks couldn't be nationalized, because that would be socialism.  Instead of temporarily nationalizing them and then spinning them off to the private sector - or breaking them up - the politicians have bailed them out to the tune of many tens of billions of dollars each year, and created a system where all of the profits are privatized, and all of the losses socialized. Obama and Congress promised help for struggling homeowners, and passed numerous bills that they claimed would rescue the little guy.  But every single one of these bills actually bails out the banks … and doesn't really help the homeowner. The D.C. regulators pretend that they are being tough on the big banks, but are actually doing everything they can to help cover up their sins. Many have pointed out Obama's hypocrisy in slamming Bush's spying programs … and then expanding them  (millions more). And in slamming China's cyber-warfare … while doing the same thing. And - while the Obama administration is spying on everyone in the country - it is at the same time the most secretive administration ever (ba
Gary Edwards

Startup turns carbon dioxide into fuels - 0 views

  • The research has received funding from the Air Force Office of Scientific Research (AFSOR), the National Science Foundation and the Department of Energy (DOE). The collaboration between Liquid Light and the University was supported by the DOE Small Business Innovation Research program and the AFOSR Small Business Technology Transfer program. Princeton's agreement with Liquid Light allowed the company to continue to collaborate with Bocarsly and his research team. Before long, new discoveries were emerging. "They started noticing interesting chemistry that we wouldn't have predicted," said Bocarsly.
  • The Princeton scientists did some additional studies, and made a surprising discovery: They could turn CO2, which contains only one carbon, into a compound with a carbon-carbon bond, which vastly increases the possibilities for creating commercial applications. This was radical because although the reaction is certainly possible, it is highly unlikely to happen because so many other competing reactions are occurring. "Everyone who electrochemically reduces CO2 today makes compounds with only one carbon," said Bocarsly. "Nobody makes things with carbon-carbon bonds." He paused. "But we can." "That was a very 'wow' moment," recalled Cole, "because we thought that our process could only make methanol. But now we were finding that we could make a variety of products, and that is what makes this technology commercially interesting." She said Liquid Light scientists can now make more than 20 different products from CO2.
  • One of the chemicals Liquid Light can make is isopropanol, commonly known as rubbing alcohol and an important industrial chemical. Another is butanol, which could be commercially important as a fuel. Liquid Light's technology offers the potential to make these chemicals at lower cost than today's methods, which involve starting with fossil fuels such as petroleum and natural gas.
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  • Why does pyridinium work so well as a catalyst for the reaction? Based on its structure, the ring-shaped molecule is an unlikely catalyst for this reaction because it shuttles just one electron at a time. But to convert CO2 to methanol requires six electrons, and to make higher-carbon molecules takes even more electrons. Bocarsly and his team — in collaboration with Steven Bernasek, professor of chemistry — are doing studies to understand the steps in the chemical reaction, and they are making rapid progress. "There are clearly some intermediate products formed during the reaction that do not sit around for a long time and are not there in very high concentrations," said Bocarsly.
  • The Princeton team also is studying the factors that determine which products can be made from CO2. The researchers have found that very subtle changes in the electrode surface can lead to production of different chemicals. For example, CO2 plus a pyridinium catalyst and a platinum electrode make methanol. However, the same catalyst and a different electrode give a different product. The team published its findings on how the reaction is affected by catalyst concentration, temperature and pressure in the journal ChemSusChem last year.
  • Citing government statistics that the United States generates about 5.5 billion metric tons of CO2 per year, Teamey said it will not be hard to obtain the starting materials for this new industry. However, the CO2 needs to be relatively pure, a requirement that rules out gasoline tailpipes and coal-fired power plants. Instead, said Teamey, the CO2 could come from manufacturing facilities, such as fertilizer manufacturers and cement plants, which according to Teamey emit some 100 million tons of high-purity CO2 each year.
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    "Today, carbon dioxide (CO2) is a hot topic. Scientists around the globe are searching for ways to store, dispose of, or prevent the formation of the greenhouse gas, which is a major driver of global climate change. Liquid Light hopes to take this concept one step further and harness waste CO2 as a source of carbon to make industrial chemicals and fuels. The technology behind the process is simple: Take CO2 and mix it in a water-filled chamber with an electrode and a catalyst. The ensuing chemical reaction converts CO2 into a new molecule, methanol, which can be used as a fuel, an industrial solvent or a starting material for the manufacture of other chemicals. Liquid Light's founders include Bocarsly and his former graduate student Emily Cole, who earned her Ph.D. from Princeton in 2009. Cole helped revive efforts in Bocarsly's lab to study the conversion of CO2 into usable fuels, which led to the launch of Liquid Light and an ongoing collaboration that Bocarsly said has been extremely positive for his research team at the University. "We've made some discoveries that wouldn't have been made in a university setting, and this has really accelerated the research," Bocarsly said. "It is a very productive relationship." Back in the 1990s, a former Ph.D. student of Bocarsly's named Chao Lin conducted some of the earliest experiments on turning CO2 into methanol. He used palladium metal as the electrode and pyridinium, an inexpensive ring-shaped molecule, as the catalyst. By plugging the electrode into an electrical outlet, he could drive an electrochemical reaction that converted CO2 into methanol. As Bocarsly recalled, Lin was quite excited about his success. However, said Bocarsly, "We published that finding in 1994 and there was approximately zero interest in it." The work languished until 2005 when Cole, then a new graduate student, told Bocarsly she wanted to work on a clean-energy project. She took up the challenge of reproducing Lin's results, but this time
Paul Merrell

Japan approves TEPCO pumping Fukushima Daiichi Water into the Pacific | nsnbc internati... - 0 views

  • TEPCO proposed pumping radioactive contaminated groundwater that is pumped up from wells around the crippled reactors, stating that it “plans to” reduce the level of radioactive material in the water before releasing it into the Pacific Ocean.
  • The plan includes the installation of drain pipes, pumping systems, and filtering equipment that would reduce the levels of cesium-137 to less that one becquerel per liter before releasing the water into the Pacific Ocean environment, states TEPCO. TEPCO suggested that it would start-up the release gradually. Japan’s Nuclear Regulator also agreed to that part of TEPCO’s proposal while it is asking TEPCO to assure that it would fully disclose all measurements and ensure that there were no further direct waste-water leaks. A German nuclear engineer who has been consulting for nsnbc since 2013 noted that the announcement to reduce cesium-137 levels to 1 becquerel per liter was deceptive. He added that: “The statement reflects the standard deceptive strategy. That is, to discuss for example cesium and iodine while omitting the fact that the waste-water also would contain plutonium and a cohort of other of the most toxic elements.”
  • TEPCO for its part stated that it wouldn’t begin draining water into the Pacific before local residents, that is Mayors of regional communities, fishermen and others had agreed to the plan. A Japanese journalist who is reporting for nsnbc on condition of anonymity after having received multiple death threats already stressed that the statement implies that money is changing hands, and that those who can’t be bought would be intimidated, blackmailed or otherwise “removed”.
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  • It is noteworthy that TEPCO has had problems with its filtering equipment since it began using it in 2013 and that these problems are recurring. The Fukushima Daiichi NPP has released hundreds of cubic meters of highly contaminated water into the Pacific since the earthquake and subsequent tsunami in 2011 led to the world’s worst nuclear disaster. It is also noteworthy that the TEPCO has established a Tank Farm with over one-thousand tanks. The tanks contain highly radioactive contaminated water. These tanks are not welded tanks but flange tankes with steel bolts and rubber seals. Many of these tanks have begun leaking already. These tanks are connected with swimming-pool grade plastic pipes. Experts repeatedly warned that these tanks were not designed to withstand a major earth quake. A recent study shows that the Fukushima Daiichi NPP is located in an area in which the risk of a major destructive earthquake occurring within a 30-year period, is 26% or above. That is, earthquakes of magnitude five or above on Japan’s earthquake scale that rates six as the strongest and most destructive earthquakes. Many of Japan’s NPPs are located in the most earthquake and tsunami prone regions of Japan, revealed a recent study. (See related article below).
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    Fukushima discharges of radioactive wastes have already reached the western shores of the U.S. and Canada. That Japan would allow deliberate discharge of more simply condones murder and environmental devastation.  
Paul Merrell

The Stunning Hypocrisy of the U.S. Government | Washington's Blog - 0 views

  • Congress has exempted itself from the prohibition against trading on inside information … the law that got Martha Stewart and many other people thrown in jail. There are many other ways in which the hypocrisy of the politicians in D.C. is hurting our country. Washington politicians say we have to slash basic services, and yet waste hundreds of billions of dollars on counter-productive boondoggles. If the politicos just stopped throwing money at corporate welfare queens, military and security boondoggles and pork, harmful quantitative easing, unnecessary nuclear subsidies, the failed war on drugs, and other wasted and counter-productive expenses, we wouldn’t need to impose austerity on the people. The D.C. politicians said that the giant failed banks couldn’t be nationalized, because that would be socialism. Instead of temporarily nationalizing them and then spinning them off to the private sector – or breaking them up – the politicians have bailed them out to the tune of many tens of billions of dollars each year, and created a system where all of the profits are privatized, and all of the losses socialized. Obama and Congress promised help for struggling homeowners, and passed numerous bills that they claimed would rescue the little guy. But every single one of these bills actually bails out the banks … and doesn’t really help the homeowner.
  • The Federal Reserve promises to do everything possible to reduce unemployment. But its policies are actually destroying jobs. Many D.C. politicians pay lip service to helping the little guy … while pushing policies which have driven inequality to levels surpassing slave-owning societies. The D.C. regulators pretend that they are being tough on the big banks, but are actually doing everything they can to help cover up their sins. Many have pointed out Obama’s hypocrisy in slamming Bush’s spying programs … and then expanding them (millions more). And in slamming China’s cyber-warfare … while doing the same thing. And – while the Obama administration is spying on everyone in the country – it is at the same time the most secretive administration ever (background). That’s despite Obama saying he’s running the most transparent administration ever.
  • Glenn Greenwald – the Guardian reporter who broke the NSA spying revelations – has documented for many years the hypocritical use of leaks by the government to make itself look good … while throwing the book at anyone who leaks information embarrassing to the government. Greenwald notes today: Prior to Barack Obama’s inauguration, there were a grand total of three prosecutions of leakers under the Espionage Act (including the prosecution of Dan Ellsberg by the Nixon DOJ). That’s because the statute is so broad that even the US government has largely refrained from using it. But during the Obama presidency, there are now seven such prosecutions: more than double the number under all prior US presidents combined.
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  • The irony is obvious: the same people who are building a ubiquitous surveillance system to spy on everyone in the world, including their own citizens, are now accusing the person who exposed it of “espionage”. It seems clear that the people who are actually bringing “injury to the United States” are those who are waging war on basic tenets of transparency and secretly constructing a mass and often illegal and unconstitutional surveillance apparatus aimed at American citizens – and those who are lying to the American people and its Congress about what they’re doing – rather than those who are devoted to informing the American people that this is being done.
  • Similarly, journalists who act as mere stenographers for the government who never criticize in more than a superficial fashion are protected and rewarded … but reporters who actually report on government misdeeds are prosecuted and harassed. Further, the biggest terrorism fearmongers themselves actually support terrorism. And see this. In the name of fighting terrorism, the U.S. has been directly supporting Al Qaeda and other terrorists and providing them arms, money and logistical support in Syria, Libya, Mali, Bosnia, Chechnya, Iran, and many other countries … both before and after 9/11. And see this. The American government has long labeled foreigners as terrorists for doing what America does. Moreover, government officials may brand Americans as potential terrorists if they peacefully protest, complain about the taste of their water, or do any number of other normal, all-American things.
  • This is especially hypocritical given that liberals like Noam Chomsky and conservatives like the director of the National Security Agency under Ronald Reagan (Lt. General William Odom) all say that the American government is the world’s largest purveyor of terrorism. As General Odom noted: Because the United States itself has a long record of supporting terrorists and using terrorist tactics, the slogans of today’s war on terrorism merely makes the United States look hypocritical to the rest of the world. These are just a couple of ways in which the D.C. politicians are hypocrites.
Paul Merrell

The Pentagon: Americans Support Increasing Budget of Most Wasteful Federal Department |... - 0 views

  • There is only one Cabinet-level federal Department that is so wasteful — so corrupt (&/or incompetent) — that its financial records can’t even be audited, meaning that no auditors can be found who will certify its books: the Defense Department, otherwise called «the Pentagon» — it’s 54% of the Fiscal Year 2016 federal budget for all Departments of discretionary (i.e., legally non-obligatory) federal spending, as shown here:
Paul Merrell

Watchdog Groups Identify Nearly $700 Billion in Wasteful Spending on National Security - 0 views

  • The federal government could reduce the deficit by $688 billion over the next 10 years by cutting unneeded weapons—such as variants of the F-35 Joint Strike Fighter and the Navy’s Littoral Combat Ship—reining in out-of-control service contracts and slowing its investments in excess nuclear weapons, according to a report released today by the Project On Government Oversight (POGO) and Taxpayers for Common Sense.
  • With U.S. national security spending higher than at any point during the Cold War, and with the U.S. drawing down its presence in Iraq and Afghanistan, it’s time for Congress and the administration to bring its national security spending in line with its actual needs, the groups said.
  • The savings and revenue identified by POGO and Taxpayers for Common Sense, include:
Paul Merrell

NSA Insiders Reveal What Went Wrong | Consortiumnews - 0 views

  • In a memo to President Obama, former National Security Agency insiders explain how NSA leaders botched intelligence collection and analysis before 9/11, covered up the mistakes, and violated the constitutional rights of the American people, all while wasting billions of dollars and misleading the public. January 7, 2014 MEMORANDUM FOR: The President FROM: Former NSA Senior Executives/Veteran Intelligence Professionals for Sanity (VIPS) SUBJECT: Input for Your Decisions on NSA
  • Signed/ William Binney, former Technical Director, World Geopolitical & Military Analysis; Co-founder of the SIGINT Automation Research Center. Thomas Drake, former Defense Intelligence Senior Executive Service, NSA Edward Loomis, former Chief, SIGINT Automation Research Center, NSA J. Kirk Wiebe, former Senior Analyst, SIGINT Automation Research Center, NSA PREPARED UNDER AUSPICES OF AD HOC STEERING GROUP, VETERAN INTELLIGENCE PROFESSIONALS FOR SANITY
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    Former NSA officials publish an open memorandum to Obama, seeking a meeting with him to explain how the NSA is drowning in data that it cannot effectively process, how more than $1 billion was wasted on a never-completed system to process it, and how a $3 million system that could and did process it effectively was shot down by former NSA Director Michael Hayden so he could award the contract for the much more expensive version to his buddies. And much, much more
Paul Merrell

Data-sharing among US law agencies amounts to 'organised chaos' - report | World news |... - 0 views

  • The sharing of crucial intelligence about counter-terrorism between the FBI, the Department of Homeland Security and local police departments takes place through a patchwork process that amounts to “organized chaos”, according to a new report. The report, released Tuesday by the Brennan Center for Justice, a public-policy institute at New York University law school that has a track record of being skeptical of government surveillance, found inconsistent rules, inadequate oversight, apparent wastefulness and insufficient regard for civil liberties nationwide. “This poorly organized system not only wastes time and resources; it also risks masking reliable intelligence that could be crucial to an investigation,” the report says, warning that a “din of data” is overwhelming law enforcement.
  • The Brennan Center report examined 16 major police departments across the US, along with 19 affiliated “fusion centers” – controversial data-sharing pools between federal, state and local agencies – and 14 of the FBI’s joint terrorism task force partnerships with police.
  • Despite efforts by the Department of Homeland Security, most of the fusion centers operate with “minimal oversight, or no oversight whatsoever”, the report found. Out of 19 centers reviewed, only five require independent audits of retained data.
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  • Fusion centers have been the subject of criticism from both civil libertarians and powerful elected officials. A 2012 investigation by the bipartisan Senate permanent subcommittee on investigations of more than 80,000 fusion center documents could not find any contribution the centers had made to “disrupt[ing] an active terrorist plot”. DHS disputes the results of that investigation, as do several legislators on committees overseeing the department. Senator Tom Coburn, an Oklahoman who serves as the top Republican on the Senate government reform and homeland security committee, has emerged as a leading legislative critic of fusion centers and joint terrorism task forces, for many of the same reasons detailed in the Brennan Center report. After a government inquiry indicated many federal data-sharing efforts were duplicative, Coburn issued a statement in April calling them “a vital component of national security”, but adding, “that is not an excuse to waste taxpayer funds”.
  • And all that information is on top of the fruits of the NSA’s vast data collection efforts, which are not entirely off limits to federal law enforcement. The controversial bulk collection of Americans’ phone data has been repeatedly described by the NSA as a tool to aid the FBI in detecting domestic terrorism activity. NSA deputy director John C Inglis recently stated that the FBI cannot search directly through the NSA’s data troves, but the agency shares telephone metadata with the bureau following searches through its databases based on “reasonable articulable suspicion” of connections to specific terrorist organizations.
  • The Brennan Center report did not specifically analyze law enforcement tower dumps, but Price called the reports of them alarming. “This is another indication of the vast trove of information that state and local police are collecting about law abiding Americans,” Price said. “To date, that information does not appear to be particularly useful in preventing terror attacks.”
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    The ongoing federalization of state and local law enforcement continues unabated. Today's "fusion centers" have antecedents in the regional "intelligence centers" begun under the guise of Reagan's War on Drugs™, but shifted into a much higher gear under the guise of Bush II's War on Terror™.
Paul Merrell

Most Agencies Falling Short on Mandate for Online Records - 0 views

  • Nearly 20 years after Congress passed the Electronic Freedom of Information Act Amendments (E-FOIA), only 40 percent of agencies have followed the law's instruction for systematic posting of records released through FOIA in their electronic reading rooms, according to a new FOIA Audit released today by the National Security Archive at www.nsarchive.org to mark Sunshine Week. The Archive team audited all federal agencies with Chief FOIA Officers as well as agency components that handle more than 500 FOIA requests a year — 165 federal offices in all — and found only 67 with online libraries populated with significant numbers of released FOIA documents and regularly updated.
  • Congress called on agencies to embrace disclosure and the digital era nearly two decades ago, with the passage of the 1996 "E-FOIA" amendments. The law mandated that agencies post key sets of records online, provide citizens with detailed guidance on making FOIA requests, and use new information technology to post online proactively records of significant public interest, including those already processed in response to FOIA requests and "likely to become the subject of subsequent requests." Congress believed then, and openness advocates know now, that this kind of proactive disclosure, publishing online the results of FOIA requests as well as agency records that might be requested in the future, is the only tenable solution to FOIA backlogs and delays. Thus the National Security Archive chose to focus on the e-reading rooms of agencies in its latest audit. Even though the majority of federal agencies have not yet embraced proactive disclosure of their FOIA releases, the Archive E-FOIA Audit did find that some real "E-Stars" exist within the federal government, serving as examples to lagging agencies that technology can be harnessed to create state-of-the art FOIA platforms. Unfortunately, our audit also found "E-Delinquents" whose abysmal web performance recalls the teletype era.
  • E-Delinquents include the Office of Science and Technology Policy at the White House, which, despite being mandated to advise the President on technology policy, does not embrace 21st century practices by posting any frequently requested records online. Another E-Delinquent, the Drug Enforcement Administration, insults its website's viewers by claiming that it "does not maintain records appropriate for FOIA Library at this time."
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  • "The presumption of openness requires the presumption of posting," said Archive director Tom Blanton. "For the new generation, if it's not online, it does not exist." The National Security Archive has conducted fourteen FOIA Audits since 2002. Modeled after the California Sunshine Survey and subsequent state "FOI Audits," the Archive's FOIA Audits use open-government laws to test whether or not agencies are obeying those same laws. Recommendations from previous Archive FOIA Audits have led directly to laws and executive orders which have: set explicit customer service guidelines, mandated FOIA backlog reduction, assigned individualized FOIA tracking numbers, forced agencies to report the average number of days needed to process requests, and revealed the (often embarrassing) ages of the oldest pending FOIA requests. The surveys include:
  • The federal government has made some progress moving into the digital era. The National Security Archive's last E-FOIA Audit in 2007, " File Not Found," reported that only one in five federal agencies had put online all of the specific requirements mentioned in the E-FOIA amendments, such as guidance on making requests, contact information, and processing regulations. The new E-FOIA Audit finds the number of agencies that have checked those boxes is now much higher — 100 out of 165 — though many (66 in 165) have posted just the bare minimum, especially when posting FOIA responses. An additional 33 agencies even now do not post these types of records at all, clearly thwarting the law's intent.
  • The FOIAonline Members (Department of Commerce, Environmental Protection Agency, Federal Labor Relations Authority, Merit Systems Protection Board, National Archives and Records Administration, Pension Benefit Guaranty Corporation, Department of the Navy, General Services Administration, Small Business Administration, U.S. Citizenship and Immigration Services, and Federal Communications Commission) won their "E-Star" by making past requests and releases searchable via FOIAonline. FOIAonline also allows users to submit their FOIA requests digitally.
  • THE E-DELINQUENTS: WORST OVERALL AGENCIES In alphabetical order
  • Key Findings
  • Excuses Agencies Give for Poor E-Performance
  • Justice Department guidance undermines the statute. Currently, the FOIA stipulates that documents "likely to become the subject of subsequent requests" must be posted by agencies somewhere in their electronic reading rooms. The Department of Justice's Office of Information Policy defines these records as "frequently requested records… or those which have been released three or more times to FOIA requesters." Of course, it is time-consuming for agencies to develop a system that keeps track of how often a record has been released, which is in part why agencies rarely do so and are often in breach of the law. Troublingly, both the current House and Senate FOIA bills include language that codifies the instructions from the Department of Justice. The National Security Archive believes the addition of this "three or more times" language actually harms the intent of the Freedom of Information Act as it will give agencies an easy excuse ("not requested three times yet!") not to proactively post documents that agency FOIA offices have already spent time, money, and energy processing. We have formally suggested alternate language requiring that agencies generally post "all records, regardless of form or format that have been released in response to a FOIA request."
  • Disabilities Compliance. Despite the E-FOIA Act, many government agencies do not embrace the idea of posting their FOIA responses online. The most common reason agencies give is that it is difficult to post documents in a format that complies with the Americans with Disabilities Act, also referred to as being "508 compliant," and the 1998 Amendments to the Rehabilitation Act that require federal agencies "to make their electronic and information technology (EIT) accessible to people with disabilities." E-Star agencies, however, have proven that 508 compliance is no barrier when the agency has a will to post. All documents posted on FOIAonline are 508 compliant, as are the documents posted by the Department of Defense and the Department of State. In fact, every document created electronically by the US government after 1998 should already be 508 compliant. Even old paper records that are scanned to be processed through FOIA can be made 508 compliant with just a few clicks in Adobe Acrobat, according to this Department of Homeland Security guide (essentially OCRing the text, and including information about where non-textual fields appear). Even if agencies are insistent it is too difficult to OCR older documents that were scanned from paper, they cannot use that excuse with digital records.
  • Privacy. Another commonly articulated concern about posting FOIA releases online is that doing so could inadvertently disclose private information from "first person" FOIA requests. This is a valid concern, and this subset of FOIA requests should not be posted online. (The Justice Department identified "first party" requester rights in 1989. Essentially agencies cannot use the b(6) privacy exemption to redact information if a person requests it for him or herself. An example of a "first person" FOIA would be a person's request for his own immigration file.) Cost and Waste of Resources. There is also a belief that there is little public interest in the majority of FOIA requests processed, and hence it is a waste of resources to post them. This thinking runs counter to the governing principle of the Freedom of Information Act: that government information belongs to US citizens, not US agencies. As such, the reason that a person requests information is immaterial as the agency processes the request; the "interest factor" of a document should also be immaterial when an agency is required to post it online. Some think that posting FOIA releases online is not cost effective. In fact, the opposite is true. It's not cost effective to spend tens (or hundreds) of person hours to search for, review, and redact FOIA requests only to mail it to the requester and have them slip it into their desk drawer and forget about it. That is a waste of resources. The released document should be posted online for any interested party to utilize. This will only become easier as FOIA processing systems evolve to automatically post the documents they track. The State Department earned its "E-Star" status demonstrating this very principle, and spent no new funds and did not hire contractors to build its Electronic Reading Room, instead it built a self-sustaining platform that will save the agency time and money going forward.
Paul Merrell

Underground Fire Nears Radioactive Waste Storage Site In St. Louis, MO - 0 views

  • 100,000 tons of nuclear weapons waste stored in a landfill outside of St. Louis may soon meet an out of control underground fire.
  • What happens when radioactive byproduct from the Manhattan Project comes into contact with an “underground fire” at a landfill? Surprisingly, no one actually knows for sure; but residents of Bridgeton, Missouri, near the West Lake and Bridgeton Landfills — just northwest of the St. Louis International Airport — may find out sooner than they’d like. And that conundrum isn’t the only issue for the area. Contradicting reports from both the government and the landfill’s responsible parties, radioactive contamination is actively leaching into the surrounding populated area from the West Lake site — and likely has been for the past 42 years. In order to grasp this startling confluence of circumstances, it’s important to understand the history of these sites. Pertinent information either hasn’t been forthcoming or is muddied by disputes among the various government agencies and companies that should be held accountable for keeping area residents safe.
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    Sounds very bad. The Cold War is still with us, and it's getting hot.
Paul Merrell

US F-35 Fighter Jet Totaled in Crash Just One Day After Combat Debut - 0 views

  • BEAUFORT, SOUTH CAROLINA — According to several reports citing U.S. military sources, the Lockheed Martin-manufactured F-35 jet – the most expensive U.S. fighter jet ever and the most expensive weapon system in the world – crashed spectacularly on Friday, just one day after its first-ever successful airstrike, resulting in the “total loss” of the aircraft. The crashed plane, each of which costs U.S. taxpayers more than $100 million, was a U.S. Marine Corps F-35B and had taken off from a training squadron at the Marine Corps Air Station in Beaufort, South Carolina. The pilot safely ejected from the plane prior to the crash and there were no civilian injuries. The crash is the second “Class A mishap” – a military term for an incident resulting in at least $2 million in damages, the fatality or permanent total disability of the crew, or the total loss of the aircraft – to have occurred with an F-35 jet and marked the first time that a pilot ejected from the aircraft. However, the jets have also been the subject of other less serious incidents including other accidents and fires, such as when an F-35B burst into flames on a runway in 2016.
  • The military has yet to say what caused the crash, give any details about the pilot, or recount what occurred immediately prior to the crash. Despite the lack of details, the incident has led some to worry that the crash may indicate a wider, systemic problem with the aircraft, which could lead to the potential grounding of the entire F-35 fleet.
  • Notably, the incident comes after the U.S. military used the plane for the first time in a U.S. airstrike, which was conducted in Afghanistan last Thursday against a “fixed Taliban target.”
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  • Yet, the recent crash of the F-35 jet has brought renewed scrutiny to the program, which has long been controversial not only for its high cost but for long-standing concerns about the jet’s effectiveness in combat. Indeed, the F-35 jet program has been called one of the most egregious cases of government waste in regards to defense spending, ever. Furthermore, despite having been on the workbench for decades (its development began in 1992), the U.S.’ F-35 fleet is still not ready, though some F-35s were deployed abroad in 2015. However, the plane had never been used by the U.S. military for a combat mission until last Thursday. Worse still, the Pentagon has admitted that the jets won’t have a chance in a real combat situation and a recent test run saw the jets outperformed by a 40-year-old F-16. Despite the clear failure of the program, the U.S. government has continued to pour money into the jet’s development, making it the most expensive weapons system in U.S. history. In total, the program is on track to cost U.S. taxpayers over $1 trillion. Despite the setbacks of the F-35, the U.S. has continued to not only pour more money into the F-35 program itself but to award Lockheed Martin massive contracts in apparent ignorance of the terrible precedent set by the controversial fighter jet program. For instance, in August, the U.S. government awarded Lockheed Martin over $3 billion in new contracts in just two days after concerns were raised regarding missile system advances made by Russia and China.
Gary Edwards

Senate Democrats Pushed for IRS Tea Party Snooping Before Criticizing It - Brian Walsh ... - 0 views

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    Democrats caught red handed pushing the IRS to audit, harass and delay efforts to establish Constitutional Patriot and Jewish Homeland non profit groups.   The Democrats political efforts behind the IRS's blatant violation of these American citizens 4th Amendment Right to organize and assemble dates back to the 2009 Supreme Court decision known as "Citizens United". In "Citizens Untied", the court ruled that corporations are people, and thus are entitled to 1st Amendment Rights.  Including full participation and monetary contributions in political campaigns. this ruling was further confirmed when the Supreme Court overturned a century old Montana Law prohibiting corporate spending in that State's elections.   The "Citizens United" ruling so upset Obama and the Socialist Party that he publicly scolded the Supreme Court justices during a State of the Union address.  The Progressives rightfully feared that corporations would ppour "unregulated independent expenditures" into newly formed Tea Party Patriot based non profits.  Unable to overturn Citizens United, the Dems called on the IRS and a host of other government bureaucracies to block, harass and slow down the funding of their political opposition. this article exposes the same Dem clowns who are now crying foul as the same tyrants who kicked off the IRS led effort to slow down the Tea Party Patriot opposition movement.   How the Jewish Homeland groups got into the IRS gun sights is still a mystery, but one thing is known:  With the election of Obama in 2008, the IRS moved from targeting non profit Muslim Groups as possible terrorist funding organizations, to targeting Tea Party Patriot movements.  Maybe that's also when they took on Jewish Homeland groups?  excerpt: "With Washington gripped by a trio of exploding scandals this week - from Benghazi to government spying on news outlets to thug tactics by the Internal Revenue Service - Senate Democrats seem to be hoping that if they just yell lou
Gary Edwards

Rand Paul's Tea Party Response: Full Text - 0 views

  • With my five-year budget, millions of jobs would be created by cutting the corporate income tax in half, by creating a flat personal income tax of 17%, and by cutting the regulations that are strangling American businesses.
  • America has much greatness left in her. We will begin to thrive again when we begin to believe in ourselves again, when we regain our respect for our founding documents, when we balance our budget, when we understand that capitalism and free markets and free individuals are what creates our nation’s prosperity.
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    Outstanding statement about what made America great, an dhow are government is destroying that greatness.  This is the full Text of Sen. Rand Paul's Tea Party Response to Obama's State of the Union Address: I speak to you tonight from Washington, D.C. The state of our economy is tenuous but our people remain the greatest example of freedom and prosperity the world has ever known. People say America is exceptional. I agree, but it's not the complexion of our skin or the twists in our DNA that make us unique. America is exceptional because we were founded upon the notion that everyone should be free to pursue life, liberty, and happiness. For the first time in history, men and women were guaranteed a chance to succeed based NOT on who your parents were but on your own initiative and desire to work. We are in danger, though, of forgetting what made us great. The President seems to think the country can continue to borrow $50,000 per second. The President believes that we should just squeeze more money out of those who are working. The path we are on is not sustainable, but few in Congress or in this Administration seem to recognize that their actions are endangering the prosperity of this great nation. Ronald Reagan said, government is not the answer to the problem, government is the problem. Tonight, the President told the nation he disagrees. President Obama believes government is the solution: More government, more taxes, more debt. What the President fails to grasp is that the American system that rewards hard work is what made America so prosperous. What America needs is not Robin Hood but Adam Smith. In the year we won our independence, Adam Smith described what creates the Wealth of Nations. He described a limited government that largely did not interfere with individuals and their pursuit of happiness. All that we are, all that we wish to be is now threatened by the notion that you can have something for nothing, that you can have your cake and ea
Paul Merrell

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

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

Saul Alinsky Leaves the White House | The American Spectator - 0 views

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    "When Barack Obama leaves the White House tomorrow, he leaves with his worst dreams unrealized. Still, what he leaves behind is awful. Thank goodness he'll be gone. The very day after Obama was elected in 2008, I predicted in this space that his team would steal the Senate by hook and crook (see: Al Franken); nuke the filibuster at least for judicial nominees; liberalize voting laws (or enforcement thereof) to make fraud easier while charging opponents with "vote suppression"; drum up spurious allegations of civil rights violations; punish anti-abortion protesters; enact "copious new regulations, especially environmental, to be used selectively to ensnare other conservative malcontents"; invasively use the IRS to harass conservative organizations; and tacitly encourage civil unrest in furtherance of Obamite goals. All those predictions of course came true. Obama and company also waged bureaucratic war against independent inspectors general; tried their hardest (even illegally) to hobble fossil fuels industries; evaded Congress's intent by sending cash and uranium to a near-nuclear-ready Iran; fumbled and stumbled while veterans suffered virtually criminal neglect; wasted hundreds of billions of taxpayer dollars on projects that were not "shovel-ready" and did not create many jobs; oversaw an economy in which the workforce participation rate dropped to historically low levels while real median household income also fell and personal debt rose, and in which food stamp rolls grew to a number larger than the population of Spain; horrendously politicized the Justice Department; and saw race relations worsen for the first time in decades. In what should have been treated by the media as major scandals (or more major than the media represented them), the Obama administration encouraged illegal gun-running to Mexican cartels, with untold numbers of resultant deaths; failed to provide adequate security before or rescue during the Benghazi tragedy; provide
Paul Merrell

Visualizing the U.S.-Mexico Border - 0 views

  • What does the southern border of the United States look like? For all the talk of “securing the border” and “building a wall,” there is surprisingly little visual material that conveys just how vast this stretch of space is. In total, the U.S.-Mexico border spans 1,954 miles. According to Google Maps, it would take 34 hours to drive its entire length. In places, there already is a border fence — more than 650 miles of it. Pushed and pulled by various forces, some 1 million people are estimated to pass through the official ports of entry every day. But what does the geography of this landscape look like? Is it industrial? Desolate? Populated? All of the above? Using the geographic coordinates of the international boundary line, in addition to location data for the existing border fence (which has been mapped by journalists at NPR and the Center for Investigative Reporting), I wrote a small computer script to download satellite imagery for the entire border. I ended up with about 200,000 images.
  • Using a command-line tool called ffmpeg, I programmatically stitched the images together, and then worked with Laura Poitras and her team at Field of Vision to edit them into a short film. Jace Clayton, the artist and author known as DJ /rupture, developed an original score for the piece.
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    Great video demonstrating just how preposterous Trump's southern border wall proposal is. Even if it could be done, what a waste. With our nation's bridges crumbling, we should want to build a wall? Why not fix the bridges instead and keep commerce moving. Not to mention the rest of our nation's infrastructure.
Paul Merrell

Military Industry Lobbyists Manufacture Fake Tea Party Outrage Against Cutting Defense ... - 0 views

  • Military industry lobbyists are using the Tea Party as props to fight back against defense cuts. Companies that benefit from tens of billions of taxpayer dollars, many of which are for unnecessary and wasteful programs, are attempting to co-opt political support as they desperately try to maintain their pork barrel contracts. Take, for example, the “Coalition for the Common Defense,” an ad hoc project launched last fall to develop “grass-roots lobbying” to prevent “automatic budget cuts known as sequestration that will slash defense spending by as much as $600 billion over 10 years,” according to Roll Call.
  • Republic Report took a look at who’s behind the campaign, and unsurprisingly, K Street lobbyists with weapons-maker clients and military industry companies are playing a pivotal role: – Cord Sterling is the vice president for legislative affairs at the Aerospace Industry Association, a lobbying group that represents Boeing, Northrop Grumman, Honeywell, L-3 Communications, and other defense industry corporations. He has participated in events for the Coalition for the Common Defense, thanking the group for helping stave off the looming defense cuts. The Aerospace Industry Association spent $2,181,383 lobbying the federal government last year. – The campaign is managed by the Center for Security Policy, a think tank that is governed by a board of directors with deep ties to the defense industry. Board member Lt. Col. Marlin L. Hefti (Ret.) is a vice president at Van Scoyoc Associates, a lobbying firm that represents over two dozen defense company clients, including Lockheed Martin and Humvee manufacturer, the Renco Group. Board members J.P. London and Bruce J. Brotman are executives with other defense companies.
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