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Paul Merrell

National security bill opens the door to expanded control orders and secret evidence | nsnbc international - 0 views

  • On Thursday, Attorney-General George Brandis introduced a new national security bill into the Senate. This is the fifth tranche of national security legislation to be introduced into parliament since July 2014.
  • This bill includes a host of new measures designed to address the evolving threat posed by terrorism. These include: a new offence of advocacy of genocide; amendments to the control order regime, so it applies to persons 14 years and older, and new measures to monitor controlees; and clarification of the basis for issuing a preventative detention order. But the bill’s most concerning aspect is the proposal to expand the secrecy provisions available to courts in control order proceedings. Keeping national security information secret in court Since 2004, legislation has been in place to deal with information that is likely to prejudice national security in federal court proceedings. This legislation created a special closed hearing procedure to determine whether national security information could be disclosed in court and, if so, in what form. This process regulates disclosure between the parties – that is, who gets to see what.
  • The bill expands this by creating special provisions that allow the court to consider sensitive material that the controlee and legal representative have not seen in proceedings to impose, confirm or vary a control order. It provides that a court can consider all of the information: contained in an original source document in control order proceedings, even where the controlee and their legal representative have been provided with only a redacted or summarised form of the document; contained in an original source document in control order proceedings, even where the controlee and their legal representative have not been provided with any information contained in the original source document; and provided by a witness, even where the information provided by the witness is not disclosed to the controlee or their legal representative. The bill’s effect is to allow secret evidence into control order proceedings.
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  • “Secret evidence” is that which is not disclosed to an affected party and their legal representative. It is not new. A successful claim of public interest immunity, for example, results in secret material being excluded from the evidence presented in court. What is new in the anti-terror context is legislation that allows the courts to rely on secret evidence in control order proceedings.
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    Australia, along with the UK, cotinues its steady march to the right on national security matters. The admissibility of secret evidence in judicial proceedings is antithetical to notions of Due Process and a fair trial, as well as to public oversight of judicial proceedings.  
Paul Merrell

United Nations News Centre - Widespread water shut-offs in US city of Detroit prompt outcry from UN rights experts - 0 views

  • Disconnecting water from people who cannot pay their bills is an affront to their human rights, a group of United Nations experts said today, amid reports of widespread water shut-offs in the United States city of Detroit for non-payment. “Disconnection of water services because of failure to pay due to lack of means constitutes a violation of the human right to water and other international human rights,” the experts stated in a news release. The Detroit Water and Sewerage Department has been disconnecting water services from households which have not paid bills for two months, and has sped up the process since early June, with the number of disconnections rising to around 3,000 customers per week. As a result, some 30,000 households are expected to be disconnected from water services over the next few months. The news release noted that due to high poverty and unemployment rates, relatively expensive water bills in Detroit are unaffordable for a significant portion of the population.
  • Catarina de Albuquerque, the Special Rapporteur on the human right to water and sanitation, said that disconnections due to non-payment are only permissible if it can be shown that the resident is able to pay but is not paying. “In other words, when there is genuine inability to pay, human rights simply forbids disconnections,” she stated.
  • Under international human rights law, it is the State’s obligation to provide urgent measures, including financial assistance, to ensure access to essential water and sanitation. “The households which suffered unjustified disconnections must be immediately reconnected,” the experts stressed.
Gary Edwards

Oklahoma House Passes Bill to Ban UN Agenda 21 - 0 views

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    The State of Oklahoma looks to be well on its way towards joining Alabama, Kansas, and Tennessee as States passing laws to block any efforts to implement the insidious United Nations socialist initiative known as Agenda 21.   Excerpts: lawmakers on both sides of the aisle in Tennessee adopted a resolution blasting the dubious UN agenda as a radical "socialist" plot at odds with individual liberty, private-property rights, and the U.S. Constitution. Lawmakers in Kansas followed suit. Numerous other state governments, under heavy pressure from activists across the political spectrum, are also working to ban the "sustainable development" scheme in their jurisdictions. City and county governments, meanwhile, are taking action to protect residents, too.  "One of the goals of the United Nations Agenda 21 Initiative is to influence governments," Kern explained. "My constituents are concerned about that influence and about their property rights being infringed upon by government regulations that originated from Agenda 21. My legislation addresses those concerns by protecting individual property rights." "The Oklahoma bill passed by the House last week reads: "The state or any political subdivision of the state shall not adopt or implement policy recommendations that deliberately or inadvertently infringe upon or restrict private property rights without due process, as may be required by policy recommendations originating in, or traceable to United Nations Agenda 21/Sustainable Development." Also prohibited under the measure is state or local government participation in "any other international law or ancillary plan of action that contravenes the Constitution of the United States or the Oklahoma Constitution." The legislation also ensures that state and local governments are barred from working with UN-linked groups promoting the controversial agenda. "Since the United Nations has accredited or enlisted numerous nongovernmental and intergovernmen
Gary Edwards

GOP Platform Rejects UN Agenda 21 as Threat to Sovereignty - 0 views

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    Too bad Romney didn't think enough of the GOP Platform to sell it to the American people.  Probably cost him the election, and us our country. "The official GOP platform approved at the Republican National Convention in Tampa included tough language rejecting the United Nations "sustainability" scheme known as Agenda 21 for the threat it represents to national sovereignty, drawing praise from conservative and Tea Party leaders across the country. The Republican Party document also rejected any form of UN global taxes and slammed a wide range of the international body's controversial programs.  In a section of the 54-page platform entitled "Sovereign American Leadership in International Organizations," the GOP noted that multilateral bodies such as the UN and NATO sometimes fail to serve the cause of peace and prosperity. As such, the U.S. government must always reserve the right to go its own way. "There can be no substitute for principled American leadership," the platform says. The UN in particular remains in "dire need of reform," Republicans said in the document, attacking the global organization's "overpaid bureaucrats," its "scandal-ridden management," and the fact that some of the world's most barbaric tyrants hold seats on the so-called "Human Rights Council." Unless and until the situation improves, the platform stated, the UN can never expect the full support of the American people. Some Republicans such as Congressman Ron Paul go further, calling for the United States to get out of the UN entirely. Some matters, however, are non-negotiable. "We strongly reject the U.N. Agenda 21 as erosive of American sovereignty, and we oppose any form of U.N. Global Tax," the platform explains. The language echoes a resolution adopted by the GOP earlier this year slamming the planetary scheme to enforce so-called "sustainable development" on the world. Since then, state and local Republican parties as well as state legisl
Gary Edwards

The Daily Bell - Thomas DiLorenzo: More on the Myth of Lincoln, Secession and the 'Civil War' - 1 views

  • The state cannot tell the people that it is bankrupting them and sending their sons and daughters to die by the thousands in aggressive and unconstitutional wars so that crony capitalism can be imposed at gunpoint in foreign countries, and so that the military-industrial complex can continue to rake in billions. That might risk a revolution. So instead, they have to use the happy talk of American virtue and American exceptionalism, the "god" of democracy," etc.
  • Specifically, he repeated the "All Men are Created Equal" line from the Gettysburg Address to make the case that it is somehow the duty of Americans to force "freedom" on all men and women everywhere, all around the globe, at gunpoint if need be. This is the murderous, bankrupting, imperialistic game that Lincoln mythology is used to "justify."
  • Lincoln spent his entire life in politics, from 1832 until his dying day, as a lobbyist for the American banking industry and the Northern manufacturing corporations that wanted cheaper credit funded by a government-run bank.
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  • No member of the Whig Party was more in bed with the American banking establishment than Lincoln was, according to University of Virginia historian Michael Holt in his book on the history of the American Whig party.
  • Bank of the United States
  • The Whig Party "had no platform to announce," Masters wrote, "because its principles were plunder and nothing else." Lincoln himself once said that he got ALL of his political ideas from Henry Clay, the icon and longtime leader of the Whig Party.
    • Gary Edwards
       
      Nice insult.  But watch how the interviewer responds; "Thanks for the insight".  These guys are funny!
  • I don't usually answer "when did you stop beating your wife"-type questions since they always come from people with I.Q.s in the single digits.
  • Thanks for the insights
  • War is always destructive to a nation's economy regardless of whether it wins or loses the war.
  • War is the opposite of capitalism.
  • Capitalism is a system of peaceful, mutually-advantageous exchanges at market prices based on the international division of labor.
  • War destroys the international division of labor and diverts resources from peaceful, capitalistic exchange to death and destruction.
  • However, there are always war profiteers – the people who profit from selling and financing the military. One doesn't need to invent a conspiracy theory about this: War profiteering is war profiteering and has always existed as an essential feature of all wars.
  • "American exceptionalism" did not become a tool of American imperialism until AFTER the Civil War.
  • British intellectuals like Lord Acton understood and wrote about how the result of the war would be a US government that would become more tyrannical and imperialistic.
  • Knights of the Golden Circle
  • Davis was not a dictator. He had a lot of help losing the war, especially from his generals who insisted on the Napoleonic battlefield tactics they were taught at West Point and which had become defunct because of the advent of more deadly military technology by the middle of the nineteenth century.
  • One of his biggest failures was waiting until the last year of the war to finally do what General Robert E. Lee had been arguing from the beginning – offering the slaves freedom in return for fighting with the Confederate Army in defense of their country.
  • eaceful secession is the only way out of the new slavery for the average American, and it will only happen if we have a president who is more like Gorbachev than Lincoln.
  • The union of the founders was voluntary, and several states reserved the right to withdraw from the union in the future if it became destructive of their rights. Since each state has equal rights in the union, this became true for all states.
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    Thank you Thomas DiLorenzo for having the courage to set the record straight.  IMHO, Lincoln should be remembered for freeing the slaves and standing up to the International Bankster Cartel and Wall Street.  But what he did to the USA Constitution and the Bill of Rights was an unprecedented assault on individual liberty.  Good thing the guy could write beautifully on liberty and freedom because his actions amounted to a historic assault on everything the founding fathers held near and dear. excerpt:    "confronting academic "Lincoln revisionism." "Who was Lincoln really and why have you spent so much of your career trying to return Lincoln's academic profile to reality? Thomas DiLorenzo: Lincoln mythology is the ideological cornerstone of American statism. He was in reality the most hated of all American presidents during his lifetime according to an excellent book by historian Larry Tagg entitled The Unpopular Mr. Lincoln: America's Most Reviled President. He was so hated in the North that the New York Times editorialized a wish that he would be assassinated. This is perfectly understandable: He illegally suspended Habeas Corpus and imprisoned tens of thousands of Northern political critics without due process; shut down over 300 opposition newspapers; committed treason by invading the Southern states (Article 3, Section 3 of the Constitution defines treason as "only levying war upon the states" or "giving aid and comfort to their enemies," which of course is exactly what Lincoln did). He enforced military conscription with the murder of hundreds of New York City draft protesters in 1863 and with the mass execution of deserters from his army. He deported a congressional critic (Democratic Congressman Clement Vallandigham of Ohio); confiscated firearms; and issued an arrest warrant for the Chief Justice when the jurist issued an opinion that only Congress could legally suspend Habeas Corpus. He waged an unnecessary war (all other countries ended slavery
Gary Edwards

It's the Profiling, Stupid! - The Patriot Post - 0 views

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    Good article briefly describing th ehistory of the NSA and how it has evolved to the politicized monster it has become today. excerpt: "Last week, Barack Hussein Obama deflected new concerns about the National Security Administration's intrusive domestic data-mining operations, saying, "If people can't trust ... the executive branch ... to make sure we're abiding by the Constitution, due process, and rule of law, then we're going to have some problems here." Barack, we have some problems here. Of course, trusting the Executive Branch is not the issue. The problem is Obama's life-long record of deceit and deception, and his utter contempt for Rule of Law. Amidst recent revelations that Obama's black-bag cutouts inspired his "low-level" union cadres at the IRS to target his Patriot and Tea Party political enemies list, and scripted a cover-up of the Benghazi murders in order that it not derail his 2012 re-election campaign momentum, is it conceivable that his "low-level" union cadres at the NSA might collect intelligence data on U.S. citizens to profile those whom oppose Obama? As with the other scandals, Obama's political handlers and their Leftmedia talkingheads are obfuscating the facts regarding NSA data collection. They ignore legitimate civil liberty concerns, and focus instead on the question of whether such data is essential to our national security. Allow me to reframe a quote from James "Ragin' Cajun" Carville's political playbook about focusing on the big issue, and adapt it for the big data debate: "It's the profiling, stupid!" The question is not whether intelligence data collection is critical to our nation's ability to defend itself -- good intelligence is, and has always been a critical component of national defense and security. The overarching questions are, what is the scope of domestic NSA intelligence gathering, and what is the potential for an administration to use that information to profile and target political opponents? Here is a ver
Gary Edwards

PETITION URGING CONGRESS TO IMPEACH PRESIDENT BARACK OBAMA - 0 views

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    "PETITION URGENTLY REQUESTING THAT CONGRESS LAUNCH AN INDEPENDENT AND COMPREHENSIVE INVESTIGATION INTO UNCONSTITUTIONAL AND IMPEACHABLE OFFENSES ON THE PART OF PRESIDENT BARACK OBAMA To: All members of the U.S. Congress: Whereas, President Barack Obama not only failed to aid U.S. personnel under lethal and prolonged terrorist attack in Benghazi, Libya, on Sept. 11, 2012, resulting in the deaths of a U.S. ambassador and three other Americans, but also led an outrageously deceitful cover-up for weeks afterward, rivaling the Watergate-era cover-up that ended the presidency of Richard Nixon; Whereas, the IRS under Obama - in accord with direct instructions from congressional Democrats - has engaged in the most egregious and widespread attack on conservative groups in modern history, with the knowledge of top agency officials; Whereas, the Obama Justice Department, on top of its many first-term scandals, has spied on and harassed journalists at Fox News and the Associated Press, prompting widespread, bipartisan condemnation of the DOJ for "criminalizing journalism"; Whereas, top constitutional attorneys from across the political spectrum now agree that Obama has committed certain specific offenses that unquestionably rise to the level of impeachable "high crimes and misdemeanors"; Whereas, one of these offenses - that of illegally conducting war against Libya - has been deemed by a bipartisan panel of constitutional experts to be "clearly an impeachable offense" and "gross usurpation of the war power"; Whereas, Obama's policy of targeted assassinations of U.S. citizens without any constitutionally required due process - including the drone assassination of an American-born 16-year-old as he was eating dinner - is unanimously deemed by experts, both liberal and conservative, as "an impeachable offense"; Whereas, Obama's Justice Department has presided over the disastrous "Fast and Furious" operation in which approximately 2
Gary Edwards

California NDAA Nullification Bill Passes Assembly Committee Unanimously - Tenth Amendment Center Blog - 1 views

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    Absolutely stunning news!!!!  Tea Party Patriots and liberal progressive democrats have combined their efforts and passed the single most significant NDAA nullification Act yet.  AB351 now heads for debate and vote of the general California Assembly. "Today, the California Public Safety Committee voted unanimously in favor of Assembly Bill 351 (AB351), the California Liberty Preservation Act. Introduced by Republican Assemblymember Tim Donnelly, AB351 is a strong stand against "indefinite detention" as supposedly authorized by the National Defense Authorization Act (NDAA) of 2012.  It declares such federal power to be unconstitutional and also requires the entire state to refuse to enforce or assist its implementation.  A broad coalition officially supported the legislation and moved the normally partisan, and strongly democratic committee to support the republican-introduced legislation. AB351 was supported by the ACLU, Tenth Amendment Center, San Francisco 99% coalition, San Francisco Board of Supervisors, the Libertarian Party of California - and many others. AB351 establishes the proper constitutional role by first citing the 10th Amendment as limiting the power of the federal government as to that which has been delegated to it and nothing more. The Tenth Amendment to the United States Constitution authorizes the United States federal government to exercise only those powers specifically delegated to it in the United States Constitution. It then declares the indefinite detention powers under NDAA to be unconstitutional: Sections 1021 and 1022 of the National Defense Authorization Act for Fiscal Year 2012 (NDAA) codifies indefinite military detention without charge or trial of civilians captured far from any battlefield, violating the United States Constitution and corroding our nation's commitment to the rule of law Most importantly, the bill requires the entire state apparatus, including all local governments, to refuse to implement the fede
Gary Edwards

Articles: A Property Rights Revolution for 2013 - 0 views

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    Very interesting article on property rights in Virgina, and the how local citizens are fighting against government politicians and their kleptocracy to protect those rights......... excerpt: "A previously apolitical organic farmer in Virginia has set off a property rights revolution that would make Founders Thomas Jefferson, James Madison, and author of Virginia's Declaration of Rights George Mason proud. Martha Boneta had a business license for her tiny farm store in scenic Paris, Virginia, yet she was threatened with fines of up to $5,000 per violation per day for selling organic tea and wool products crafted from her rescued animals, and for hosting a birthday party for eight 10-year-old girls. Officials from Fauquier County using zoning ordinances to bully Mrs. Boneta never obtained a warrant nor set foot on her property to gather actual evidence.  Instead a county bureaucrat relied on unscrupulous, unlawful methods to make these charges against Mrs. Boneta.  Her store remains closed out of fear of further uncertain charges carrying even criminal penalties.  The bullying bureaucrat ignored due process of law and American rules of evidence because she thinks she is the law, which is a common phenomenon used to intimidate citizens into forfeiting their rights. The county also tried to cite Martha for having a boarding facility without a permit.  It appears that the county did not like the fact that she and Christian college students interning on Spring Break openly prayed over the crops and farm animals.  To cure this government lawbreaking and protect farm rights, Delegate Scott Lingamfelter introduced H.B. 1430, the Boneta Bill, to amend the Virginia Right to Farm Act.  As introduced, the bill would have done three things: (1) clarify that the flawed, toothless Right to Farm Act protects farmers' commerce, (2) expressly protect constitutional rights on farms, and (3) provide remedies against local government officials who violate the Right to Farm Act."
Paul Merrell

Senate narrowly rejects new FBI surveillance | TheHill - 0 views

  • The Senate narrowly rejected expanding the FBI's surveillance powers Wednesday in the wake of the worst mass shooting in U.S. history.  Senators voted 58-38 on a procedural hurdle, with 60 votes needed to move forward. Majority Leader Mitch McConnellMitch McConnellOvernight Finance: Wall Street awaits Brexit result | Clinton touts biz support | New threat to Puerto Rico bill? | Dodd, Frank hit back The Trail 2016: Berning embers McConnell quashes Senate effort on guns MORE, who initially voted "yes," switched his vote, which allows him to potentially bring the measure back up. 
  • The Senate GOP proposal—being offered as an amendment to the Commerce, Justice and Science appropriations bill—would allow the FBI to use "national security letters" to obtain people's internet browsing history and other information without a warrant during a terrorism or federal intelligence probe.  It would also permanently extend a Patriot Act provision — currently set to expire in 2019 — meant to monitor "lone wolf" extremists.  Senate Republicans said they would likely be able to get enough votes if McConnell schedules a redo.
  • Asked if he anticipates supporters will be able to get 60 votes, Sen. John CornynJohn CornynSenate to vote on two gun bills Senate Dems rip GOP on immigration ruling Post Orlando, hawks make a power play MORE (R-Texas) separately told reporters "that's certainly my expectation." McConnell urged support for the proposal earlier Wednesday, saying it would give the FBI to "connect the dots" in terrorist investigations.  "We can focus on defeating [the Islamic State in Iraq and Syria] or we can focus on partisan politics. Some of our colleagues many think this is all some game," he said. "I believe this is a serious moment that calls for serious solutions."  But Democrats—and some Republicans—raised concerns that the changes didn't go far enough to ensure Americans' privacy.  Sen. Ron WydenRon WydenPost Orlando, hawks make a power play Democrats seize spotlight with sit-in on guns Democrats stage sit-in on House floor to push for gun vote MORE (D-Ore.) blasted his colleagues for "hypocrisy" after a gunman killed 49 people and injured dozens more during the mass shooting in Orlando, Fla. "Due process ought to apply as it relates to guns, but due process wouldn't apply as it relates to the internet activity of millions of Americans," he said ahead of Wednesday's vote. "Supporters of this amendment...have suggested that Americans need to choose between protecting our security and protecting our constitutional right to privacy." 
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  • The American Civil Liberties Union (ACLU) also came out in opposition the Senate GOP proposal on Tuesday, warning it would urge lawmakers to vote against it. 
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    Too close for comfort and coming around the bernd again. 
Gary Edwards

What the hell just happened? 'Tyranny By Executive Order' | by Constitutional Attorney Michael Connelly, J.D. | RedFlagNews.com - 0 views

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    "What the hell just happened? That is the question that many Americans should be asking themselves following the news conference where Obama unveiled his plan for destroying the Bill of Rights to the U.S. Constitution. At first glance it appeared to be a case of Obama shamelessly using the deaths of innocents, and some live children as a backdrop, to push for the passage of radical gun control measures by Congress. Most of these have no chance of passing, yet, Obama's signing of Executive orders initiating 23 so called Executive actions on gun control seemed like an afterthought. Unfortunately, that is the real story, but it is generally being overlooked. The fact is that with a few strokes of his pen Obama set up the mechanisms he will personally use to not only destroy the Second Amendment to the Constitution, but also the First, Fourth, and Fifth Amendments. It will not matter what Congress does, Obama can and will act on his own, using these Executive actions, and will be violating both the Constitution and his oath of office when he does it. Here are the sections of the Executive Order that he will use: "1. Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background-check system." What exactly is relevant data? Does it include our medical records obtained through Obamacare, our tax returns, our political affiliations, our military background, and our credit history? I suggest that all of the above, even if it violates our fourth Amendment right to privacy will now be relevant data for determining if we are allowed to purchase a firearm. "2. Address unnecessary legal barriers, particularly relating to the Health Insurance Portability and Accountability Act, that may prevent states from making information available to the background-check system." This should be read in conjunction with section 16 of the order that says: "16. Clarify that the Affordable Care Act does not prohibit doctors
Paul Merrell

Obama ordered to divulge legal basis for killing Americans with drones | Ars Technica - 0 views

  • The Obama administration must disclose the legal basis for targeting Americans with drones, a federal appeals court ruled Monday in overturning a lower court decision likened to "Alice in Wonderland." The Second US Circuit Court of Appeals, ruling in a Freedom of Information Act (FOIA) claim by The New York Times and the American Civil Liberties Union (ACLU), said the administration must disclose the legal rationale behind its claims that it may kill enemies who are Americans overseas.
  • The Obama administration must disclose the legal basis for targeting Americans with drones, a federal appeals court ruled Monday in overturning a lower court decision likened to "Alice in Wonderland." The Second US Circuit Court of Appeals, ruling in a Freedom of Information Act (FOIA) claim by The New York Times and the American Civil Liberties Union (ACLU), said the administration must disclose the legal rationale behind its claims that it may kill enemies who are Americans overseas. "This is a resounding rejection of the government's effort to use secrecy and selective disclosure to manipulate public opinion about the targeted killing program," ACLU Legal Director Jameel Jaffer said in an e-mail. The so-called targeted-killing program—in which drones from afar shoot missiles at buildings, cars, and people overseas—began under the George W. Bush administration. The program, which sometimes kills innocent civilians, was broadened under Obama to include the killing of Americans.
  • Government officials from Obama on down have publicly commented on the program, but they claimed the Office of Legal Counsel's memo outlining the legal rationale about it was a national security secret. The appeals court, however, said on Monday that officials' comments about overseas drone attacks means the government has waived its secrecy argument. "After senior Government officials have assured the public that targeted killings are 'lawful' and that OLC advice 'establishes the legal boundaries within which we can operate,'" the appeals court said, "waiver of secrecy and privilege as to the legal analysis in the Memorandum has occurred" (PDF). The Electronic Privacy Information Center (EPIC), which in a friend-of-the court brief urged the three-judge appeals court to rule as it did, said the decision was a boon for citizen FOIA requests. "It's very helpful. We have a number of cases, including one of our oldest FOIA cases, that involves the warrantless wiretapping memos. The basic premise is when OLC writes a legal memo and when that becomes the known basis for a program, that's the law of the executive branch and cannot be withheld," Alan Butler, EPIC's appellate counsel, said in a telephone interview.
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  • The appeals court said the memo may be redacted from revealing which government agencies are behind the attacks, although former CIA Director Leon Panetta has essentially acknowledged that agency's role. Last year, a federal judge blocked the disclosure of the memo. Judge Colleen McMahon of New York said she was ensnared in a "paradoxical situation" in which the law forbade her from ordering the memo's release: The Alice-in-Wonderland nature of this pronouncement is not lost on me; but after careful and extensive consideration, I find myself stuck in a paradoxical situation in which I cannot solve a problem because of contradictory constraints and rules—a veritable catch-22. I can find no way around the thicket of laws and precedents that effectively allow the Executive Branch of our government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws while keeping the reasons for their conclusion a secret.
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    Unless the Feds successfully seek en banc review or review by the Supreme Court, we will apparently be able to read the infamous DoJ Office of Legal Counsel explaining the legal arguments why Obama may lawfully order drone strikes on U.S. citizens inside nations with which the U.S. is not at war. Let's keep in mind that DoJ claimed that Obama has the power to do that in the U.S. too. According to the Second Circuit's opinion, the ordered disclosure includes a somewhat lengthy section arguing that 18 U.S.C. 1119 and 956 do not apply to Obama. Section 1119 provides, inter alia: "(b) Offense.- A person who, being a national of the United States, kills or attempts to kill a national of the United States while such national is outside the United States but within the jurisdiction of another country shall be punished as provided under sections 1111, 1112, and 1113." Section 956 provides in part: "(a)(1) Whoever, within the jurisdiction of the United States, conspires with one or more other persons, regardless of where such other person or persons are located, to commit at any place outside the United States an act that would constitute the offense of murder, kidnapping, or maiming if committed in the special maritime and territorial jurisdiction of the United States shall, if any of the conspirators commits an act within the jurisdiction of the United States to effect any object of the conspiracy, be punished as provided in subsection (a)(2). "(2) The punishment for an offense under subsection (a)(1) of this section is- (A) imprisonment for any term of years or for life if the offense is conspiracy to murder or kidnap; and (B) imprisonment for not more than 35 years if the offense is conspiracy to maim." There should also be a section explaining away the Constitution's Due Process Clause (protecting life, liberty, and property) and Right to Trial by Jury, as well as exempting the President from international law establishing human rights and l
Paul Merrell

Court Requires Review of State Secrets Documents - 0 views

  • Over the objections of government attorneys, a federal judge said yesterday that he would require in camera review of documents that the government says are protected by the state secrets privilege. The issue arose in the case of Gulet Mohamed v. Eric Holder, challenging the constitutionality of the “no fly” list. The government had argued that it is “inappropriate” for a court to review such records to verify that they are validly privileged, and that instead the court should grant dismissal of case on the basis of official declarations. (Gov’t Resists Court Review of State Secrets, Secrecy News, August 27). The government moved for reconsideration of an August 6 order to produce the records for in camera review. Yesterday, Judge Anthony J. Trenga of the Eastern District of Virginia granted the government’s motion for reconsideration, but he said that having reconsidered the matter, he determined that he had been right the first time around. “Upon reconsideration of its Order, however, the Court finds that none of [the] objections justifies vacating the Order, as the defendants request. The Court therefore affirms its Order.” “This case involves complex and unsettled issues pertaining to the respective roles of the legislative, executive and judicial branches,” Judge Trenga wrote. “One central issue is the extent to which the War on Terrorism may expand the ability of the executive branch to act in ways that cannot otherwise be justified.”
  • Over the objections of government attorneys, a federal judge said yesterday that he would require in camera review of documents that the government says are protected by the state secrets privilege. The issue arose in the case of Gulet Mohamed v. Eric Holder, challenging the constitutionality of the “no fly” list. The government had argued that it is “inappropriate” for a court to review such records to verify that they are validly privileged, and that instead the court should grant dismissal of case on the basis of official declarations. (Gov’t Resists Court Review of State Secrets, Secrecy News, August 27). The government moved for reconsideration of an August 6 order to produce the records for in camera review. Yesterday, Judge Anthony J. Trenga of the Eastern District of Virginia granted the government’s motion for reconsideration, but he said that having reconsidered the matter, he determined that he had been right the first time around. “Upon reconsideration of its Order, however, the Court finds that none of [the] objections justifies vacating the Order, as the defendants request. The Court therefore affirms its Order.”
  • “This case involves complex and unsettled issues pertaining to the respective roles of the legislative, executive and judicial branches,” Judge Trenga wrote. “One central issue is the extent to which the War on Terrorism may expand the ability of the executive branch to act in ways that cannot otherwise be justified.” The Court “understands its limited institutional competence to assess claims of national security and its obligation not to extend its review of claims of state secrets beyond what is necessary for the Court to perform its institutional role,” Judge Trenga wrote. Nevertheless, under current circumstances “the Court concludes that it is necessary for the Court to review at this stage certain of the underlying documents as to which the state secrets privilege is asserted.” “This case involves the extraordinary exercise of executive branch authority to operate a program [the "no fly" procedure] that results in the deprivation of basic liberties according to secret executive branch decision making, without pre-deprivation judicial review…. [Therefore,] the Court has a particularly strong and heightened institutional responsibility in these circumstances to review and assess the propriety of such executive branch activity since to dismiss this case as the defendants request would, in essence, judicially sanction conduct that has far-reaching implications.”
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  • Merely relying on government assertions of privilege without independent review of their basis and validity is inadequate since “In many instances, the privilege claims are conclusory, and it is difficult, if not impossible, to assess the merits of those claims….” “The Court therefore cannot accept, without further inquiry and review, that all of the documents as to which the state secrets privilege has been invoked in fact contain state secrets, or that any state secrets that might be contained in the listed documents would preclude the litigation of the plaintiff’s claims…,” Judge Trenga wrote. He ordered the government to produce the relevant documents for in camera review on or before October 15, 2014. In a footnote, Judge Trenga’s Order contains a rare judicial acknowledgment that “The government’s assertion of the state secrets privilege in certain cases has been less than reassuring. See Reynolds v. United States, 345 U.S. 1 (1953), in which it became apparent years later, after the claimed state secrets document was declassified, that it did not implicate state secrets….”
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    The DoJ is likely to take an immediate appeal from this order. But federal judges are showing increasing hostility to the secrecy around the government's designation of people on the no-fly list. Whether the Supreme Court would support the government in a Due Process challenge to the secrecy of the no-fly list and its procedures is an open question.  
Gary Edwards

Is U.S. Now On Slippery Slope To Tyranny? - Thomas Sowell - 0 views

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    This is the article that has set the Web on fire.  Thomas Sowell takes the recent Obama shakedown of BP and cast these unconstitutional actions against the historical background of how tyrants go about the business of crushing constitutional liberty.  The first to go is the "rule of Law", as the crisis of the moment is used as an excuse to suspend the rule of Law for the good of the people. excerpt: "In our times, American democracy is being dismantled, piece by piece, before our very eyes by the current administration in Washington, and few people seem to be concerned about it. The president's poll numbers are going down because increasing numbers of people disagree with particular policies of his, but the damage being done to the fundamental structure of this nation goes far beyond particular counterproductive policies. Just where in the Constitution of the United States does it say that a president has the authority to extract vast sums of money from a private enterprise and distribute it as he sees fit to whomever he deems worthy of compensation? Nowhere. But our government is supposed to be "a government of laws and not of men." If our laws and our institutions determine that BP ought to pay $20 billion - or $50 billion or $100 billion - then so be it. But the Constitution says that private property is not to be confiscated by the government without "due process of law." With vastly expanded powers of government available at the discretion of politicians and bureaucrats, private individuals and organizations can be forced into accepting the imposition of powers that were never granted to the government by the Constitution. If you believe that the end justifies the means, then you don't believe in constitutional government. And, without constitutional government, freedom cannot endure. There will always be a "crisis" - which, as the president's chief of staff has said, cannot be allowed to "go to waste" as an opportunity to expand the government's p
Paul Merrell

Obama administration had restrictions on NSA reversed in 2011 - The Washington Post - 0 views

  • The Obama administration secretly won permission from a surveillance court in 2011 to reverse restrictions on the National Security Agency’s use of intercepted phone calls and e-mails, permitting the agency to search deliberately for Americans’ communications in its massive databases, according to interviews with government officials and recently declassified material. In addition, the court extended the length of time that the NSA is allowed to retain intercepted U.S. communications from five years to six years — and more under special circumstances, according to the documents, which include a recently released 2011 opinion by U.S. District Judge John D. Bates, then chief judge of the Foreign Intelligence Surveillance Court.
  • What had not been previously acknowledged is that the court in 2008 imposed an explicit ban — at the government’s request — on those kinds of searches, that officials in 2011 got the court to lift the bar and that the search authority has been used. Together the permission to search and to keep data longer expanded the NSA’s authority in significant ways without public debate or any specific authority from Congress. The administration’s assurances rely on legalistic definitions of the term “target” that can be at odds with ordinary English usage. The enlarged authority is part of a fundamental shift in the government’s approach to surveillance: collecting first, and protecting Americans’ privacy later.
  • “The government says, ‘We’re not targeting U.S. persons,’ ” said Gregory T. Nojeim, senior counsel at the Center for Democracy and Technology. “But then they never say, ‘We turn around and deliberately search for Americans’ records in what we took from the wire.’ That, to me, is not so different from targeting Americans at the outset.”
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  • The court decision allowed the NSA “to query the vast majority” of its e-mail and phone call databases using the e-mail addresses and phone numbers of Americans and legal residents without a warrant, according to Bates’s opinion. The queries must be “reasonably likely to yield foreign intelligence information.” And the results are subject to the NSA’s privacy rules.
  • But in 2011, to more rapidly and effectively identify relevant foreign intelligence communications, “we did ask the court” to lift the ban, ODNI general counsel Robert S. Litt said in an interview. “We wanted to be able to do it,” he said, referring to the searching of Americans’ communications without a warrant.
  • But — and this was the nub of the criticism — a warrant for each target would no longer be required. That means that communications with Americans could be picked up without a court first determining that there is probable cause that the people they were talking to were terrorists, spies or “foreign powers.”That is why it is important to require a warrant before searching for Americans’ data, Udall said. “Our founders laid out a roadmap where Americans’ privacy rights are protected before their communications are seized or searched — not after the fact,” he said in a statement to The Post.
  • The [surveillance] Court documents declassified recently show that in late 2011 the court authorized the NSA to conduct warrantless searches of individual Americans’ communications using an authority intended to target only foreigners,” Wyden said in a statement to The Washington Post. “Our intelligence agencies need the authority to target the communications of foreigners, but for government agencies to deliberately read the e-mails or listen to the phone calls of individual Americans, the Constitution requires a warrant.”
  • Senior administration officials disagree. “If we’re validly targeting foreigners and we happen to collect communications of Americans, we don’t have to close our eyes to that,” Litt said. “I’m not aware of other situations where once we have lawfully collected information, we have to go back and get a warrant to look at the information we’ve already collected.” The searches take place under a surveillance program Congress authorized in 2008 under Section 702 of the Foreign Intelligence Surveillance Act. Under that law, the target must be a foreigner “reasonably believed” to be outside the United States, and the court must approve the targeting procedures in an order good for one year.
  • The court’s expansion of authority went largely unnoticed when the opinion was released, but it formed the basis for cryptic warnings last year by a pair of Democratic senators, Ron Wyden (Ore.) and Mark Udall (Colo.), that the administration had a “back-door search loophole” that enabled the NSA to scour intercepted communications for those of Americans. They introduced legislation to require a warrant, but they were barred by classification rules from disclosing the court’s authorization or whether the NSA was already conducting such searches.
  • The NSA intercepts more than 250 million Internet communications each year under Section 702. Ninety-one percent are from U.S. Internet companies such as Google and Yahoo. The rest come from “upstream” companies that route Internet traffic to, from and within the United States. The expanded search authority applies only to the downstream collection.
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    An important article I missed, from last September. Searching the content of American citizens' calls and emails without a search warrant. Straight-up violation of the Fourth and Fifth amendments (warrantless search and deprivation of due process).  And directly contrary to what Obama, Clapper, and Alexander told the public over and over again.
Paul Merrell

What Obama Told Us At West Point -- Paul Craig Roberts - PaulCraigRoberts.org - 0 views

  • At West Point Obama told us, to the applause of West Point cadets, that “American exceptionalism” is a doctrine that justifies whatever Washington does. If Washington violates domestic and international law by torturing “detainees” or violates the Nuremberg standard by invading countries that have undertaken no hostile action against the US or its allies, “exceptionalism” is the priest’s blessing that absolves Washington’s sins against law and international norms. Washington’s crimes are transformed into Washington’s affirmation of the rule of law. Here is Obama in his own words: “I believe in American exceptionalism with every fiber of my being. But what makes us exceptional is not our ability to flout international norms and the rule of law; it is our willingness to affirm them through our actions.” Actions indeed. In the 21st century “American exceptionalism” has destroyed seven countries in whole or in part. Millions of people are dead, maimed, and displaced, and all of this criminal destruction is evidence of Washington’s reaffirmation of international norms and the rule of law. Destruction and murder are merely collateral damage from Washington’s affirmation of international norms.
  • “American exceptionalism” also means that US presidents can lie through their teeth and misrepresent those they choose to demonize. Listen to Obama’s misrepresentations of the Putin and Assad governments: “Russia’s aggression towards former Soviet states unnerves capitals in Europe . . . In Ukraine, Russia’s recent actions recall the days when Soviet tanks rolled into Eastern Europe .” Obama misrepresents Assad as “a dictator who bombs and starves his own people.” Did any of the cadets in Obama’s West Point audience wonder why, if Assad is a brutal dictator who bombs and starves his own people, the Syrian people are supporting Assad instead of the American-backed “liberation forces,” the combination of imported jihadists and al Qaeda fighters who object to Assad’s government because it is secular? The US military is taught to respect its civilian commander-in-chief, but if West Point cadets actually do obtain an education, it is remarkable that Obama’s audience did not break out in laughter.
  • Obama’s speech is probably the most disingenuous ever given by a Western politician. We could have fun for hours with all the crimes that Washington commits but buries in rhetoric directed at others. Perhaps my favorite is Obama evoking a world in which “individuals aren’t slaughtered because of political belief.” I am sure Obama was thinking of this just world when he murdered without due process of law four American citizens “outside of areas of active hostilities.” Another favorite is the way Obama flushed the US Constitution of its meaning. Obama said, with reference to bringing the Guantanamo prisoners to the US, that “American values and legal traditions don’t permit the indefinite detention of people beyond our borders.” No, Obama, the US Constitution prevents the indefinite detention of US citizens by the US government anywhere on earth, especially within our borders. By detaining and by murdering US citizens without due process of law, Obama has violated his oath of office and should be impeached. It was only a short time ago that President Bill Clinton was impeached by the US House of Representatives (the Senate saved him from conviction) for lying about his sexual affair with a White House intern. How times change. Today a president who violates his oath of office to protect the Constitution from enemies foreign and domestic gets a free ride. The Constitution has lost its power to protect citizens from the arbitrary power of government. The US is the Constitution. Without the Constitution the US ceases to exist, and the country becomes a tyranny, both at home and abroad.Today the US is a tyranny cloaked in the garb of “freedom and democracy.”
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  • Instead of laughing our way through Obama’s ridiculous speech to what apparently was a dumbed-down West Point graduating class, lets pay attention to Obama’s bottom line: “America must always lead on the world stage. . . . The military is, and always will be, the backbone of that leadership.” In other words, Washington doesn’t use diplomacy. Washington uses coercion. The favorite threat is: “Do as you are told or we will bomb you into the Stone Age.” Obama’s speech is a justification of Washington’s criminal actions on the grounds that Washington acts for the exceptional Americans whose exceptionalism places them and, thereby, their government above law and international norms. In this way of thinking, only the failure to prevail constitutes failure. Americans are the new ubermensch, the new master race. Inferior humans can be bombed, invaded, and sanctioned. Obama’s West Point speech asserts American superiority over all others and Washington’s determination to continue this superiority by preventing the rise of other powers. This arrogant hubris was not enough for the Washington Post editorial board. The newspaper’s editorial damned Obama for binding US power and limiting its use to “a narrow set of core interest,” such as direct threats to America.
  • The American “liberal media” object that Obama’s claim of exceptionalism is not broad enough for Washington’s purposes. Obama’s address, the Washington Post wrote, bound “US power” and “offered scant comfort” to those militarists who want to overthrow Syria, Iran, Russia, and China. The world should take note that the most militarily aggressive American president in history is considered a wimp by the neoconized American media. The media drives wars, and the American media, firmly allied with the military/security complex, is driving the world to the final war.
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    Obama's speech at West Point was indeed a gigantic slap in the face at international law and at the Constitution. http://goo.gl/icJGDz The Rule of Law is no longer a guiding light in the White House, now only an obligatory nod of nominal respect. The Imperial Presidency has announced that we are now citizens of post-constitutional America.  
Paul Merrell

No Fly List: Govt Offers New Redress Procedures - 0 views

  • The government will no longer refuse to confirm or deny that persons who are prevented from boarding commercial aircraft have been placed on the “No Fly List,” and such persons will have new opportunities to challenge the denial of boarding, the Department of Justice announced yesterday in a court filing. Until now, the Government refused to acknowledge whether or not an individual traveler had been placed on the No Fly List and, if so, what the basis for such a designation was. That is no longer the case, the new court filing said: “Under the previous redress procedures, individuals who had submitted inquiries to DHS TRIP [the Department of Homeland Security Traveler Redress Inquiry Program] generally received a letter responding to their inquiry that neither confirmed nor denied their No Fly status.” “Under the newly revised procedures, a U.S. person who purchases a ticket, is denied boarding at the airport, subsequently applies for redress through DHS TRIP about the denial of boarding, and is on the No Fly List after a redress review, will now receive a letter providing his or her status on the No Fly List and the option to receive and/or submit additional information.”
  • If the individual traveler chooses to pursue the matter, DHS “will provide a second, more detailed response. This second letter will identify the specific criterion under which the individual has been placed on the No Fly List and will include an unclassified summary of information supporting the individual’s No Fly List status, to the extent feasible, consistent with the national security and law enforcement interests at stake.” The new redress procedures were developed in response to legal challenges to the No Fly List procedures, which argued that the procedures were constitutionally deficient or otherwise improper. The notice of the new procedures was filed yesterday in the pending lawsuit Gulet Mohamed v. Eric H. Holder, Jr., which is one of the ongoing lawsuits over the No Fly List.
  • The CRS report, which predates the newly announced procedures, reviewed many of the legal issues involved. See The No Fly List: Procedural Due Process and Hurdles to Litigation, April 2, 2015.
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    Still not good enough. There should be no no-fly list. And if we are to have one anyway, people should be notified before or at the time they are placed on the list Finding out only when you arrive at the airport and are denied boarding is B.S.  Say I decide I want to work in Thailand for a few years teach English as a second language. I arrange for a job there, make the initial payment for rental of housing, get rid of most of my possessions, sell my house, and make other arrangements for a long-term absence from the U.S. Then I get to the airport and learn I'm not allowed to leave the U.S. This is bureaucracy gone nuts, Kafkaeque.   
Paul Merrell

Court Accepts DOJ's 'State Secrets' Claim to Protect Shadowy Neocons: a New Low - The Intercept - 0 views

  • A truly stunning debasement of the U.S. justice system just occurred through the joint efforts of the Obama Justice Department and a meek and frightened Obama-appointed federal judge, Edgardo Ramos, all in order to protect an extremist neocon front group from scrutiny and accountability. The details are crucial for understanding the magnitude of the abuse here. At the center of it is an anti-Iranian group calling itself “United Against Nuclear Iran” (UANI), which is very likely a front for some combination of the Israeli and U.S. intelligence services. When launched, NBC described its mission as waging “economic and psychological warfare” against Iran. The group was founded and is run and guided by a roster of U.S., Israeli and British neocon extremists such as Joe Lieberman, former Bush Homeland Security adviser (and current CNN “analyst”) Fran Townsend, former CIA Director James Woolsey, and former Mossad Director Meir Dagan. One of its key advisers is Olli Heinonen, who just co-authored a Washington Post Op-Ed with former Bush CIA/NSA Director Michael Hayden arguing that Washington is being too soft on Tehran.
  • This group of neocon extremists was literally just immunized by a federal court from the rule of law. That was based on the claim — advocated by the Obama DOJ and accepted by Judge Ramos — that subjecting them to litigation for their actions would risk disclosure of vital “state secrets.” The court’s ruling was based on assertions made through completely secret proceedings between the court and the U.S. government, with everyone else — including the lawyers for the parties — kept in the dark. In May 2013, UANI launched a “name and shame” campaign designed to publicly identify — and malign — any individuals or entities enabling trade with Iran. One of the accused was the shipping company of Greek billionaire Victor Restis, who vehemently denies the accusation. He hired an American law firm and sued UANI for defamation in a New York federal court, claiming the “name and shame” campaign destroyed his reputation.
  • Up until that point, there was nothing unusual about any of this: just a garden-variety defamation case brought in court by someone who claims that public statements made about him are damaging and false. That happens every day. But then something quite extraordinary happened: In September of last year, the U.S. government, which was not a party, formally intervened in the lawsuit, and demanded that the court refuse to hear Restis’s claims and instead dismiss the lawsuit against UANI before it could even start, on the ground that allowing the case to proceed would damage national security. When the DOJ intervened in this case and asserted the “state secrets privilege,” it confounded almost everyone. The New York Times’s Matt Apuzzo noted at the time that “the group is not affiliated with the government, and lists no government contracts on its tax forms. The government has cited no precedent for using the so­-called state­ secrets privilege to quash a private lawsuit that does not focus on government activity.” He quoted the ACLU’s Ben Wizner as saying: “I have never seen anything like this.” Reuters’s Allison Frankel labeled the DOJ’s involvement a “mystery” and said “the government’s brief is maddeningly opaque about its interest in a private libel case.”
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  • But in this case, there is no apparent U.S. government conduct at issue in the lawsuit. At least based on what they claim about themselves, UANI is just “a not-for-profit, non-partisan, advocacy group” that seeks to “educate” the public about the dangers of Iran’s nuclear program. Why would such a group like this even possess “state secrets”? It would be illegal to give them such material. Or could it be that the CIA or some other U.S. government agency has created and controls the group, which would be a form of government-disseminated propaganda, which happens to be illegal? What else could explain the basis for the U.S. government’s argument that allowing UANI to be sued would risk the disclosure of vital “state secrets” besides a desire to cover up something quite untoward if not illegal? What “state secrets” could possibly be disclosed by suing a nice, little “not-for-profit, non-partisan, advocacy group”?
  • This sham worked. This week, Judge Ramos issued his ruling dismissing the entire lawsuit (see below). As a result of the DOJ’s protection, UANI cannot be sued. Among other things, it means this group of neocon extremists now has a license to defame anyone they want. They can destroy your reputation with false accusations in a highly public campaign, and when you sue them for it, the DOJ will come in and whisper in the judge’s ear that national security will be damaged if — like everyone else in the world — UANI must answer in a court of law for their conduct. And subservient judicial officials like Judge Ramos will obey the U.S. government’s dictates and dismiss your lawsuit before it begins, without your having any idea why that even happened. Worse, in his written ruling, the judge expressly acknowledges that dismissal of the entire lawsuit at the start on secrecy grounds is what he calls a “harsh sanction,” and also acknowledges that “it is particularly so in this case because Plaintiffs not only do not get their day in court, but cannot be told why” (emphasis added). But he does it anyway, in a perfunctory 18-page opinion that does little other than re-state some basic legal principles, and then just concludes that everything the government whispered in his ear should be accepted.
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    Unless the district court decision is overturned by a higher court, the Restis case looks to be over. The secrecy concerns of the Dark State trump justice, again. It should be noted that the Constitution is silent on the issue of state secrets (the so-called "state secrets privilege" was manufactured from whole cloth by the Supreme Court in the early 1950s). On the other hand, several provisions of the Constitution expressly require that justice be done, not the least of which is the Due Process clause.  
Gary Edwards

Stopping America's Federal Debt Explosion by Martin Feldstein - Project Syndicate - 0 views

  • the fiscal deficit is the most serious long-term economic problem facing US policymakers.
  • A decade ago, the federal debt was just 35% of GDP. It is now more than double that and projected to reach 86% in 2016. But that’s just the beginning. The annual budget deficit projected for 2016 is 5% of GDP. If it stays at that level, the debt ratio would eventually rise to 125%.
  • The high and rising level of the national debt hurts the US economy in many ways. Paying the interest requires higher federal taxes or a larger budget deficit. In 2016, the interest on the national debt is equal to nearly 16% of the revenue from personal income tax. By 2026, the projected interest on the national debt will equal more than 31% of this revenue, even if interest rates rise as slowly as the CBO projects.
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  • the time will come when the US will have to pay the interest by exporting more goods and services than it imports. And boosting net exports will require a weaker dollar to make US products more attractive to foreign buyers and foreign goods more expensive to US buyers, implying a loss in Americans’ standard of living.
  • Increased borrowing by the federal government also means crowding out the private sector. Lower borrowing and capital investment by firms reduces future productivity growth and growth in real incomes.
  • Federal taxes now take 18.3% of GDP and are projected to remain at that level for the next decade, unless tax rules or rates are changed. The rate structure for personal taxation has changed over the past 30 years, with the top tax rate rising from 28% in 1986 to more than 40% now. The corporate rate of 35% is already the highest in the industrial world.
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    "CAMBRIDGE - The US Congressional Budget Office (CBO) has just delivered the bad news that the national debt is now rising faster than GDP and heading toward ratios that we usually associate with Italy or Spain. That confirms my view that the fiscal deficit is the most serious long-term economic problem facing US policymakers. A decade ago, the federal debt was just 35% of GDP. It is now more than double that and projected to reach 86% in 2016. But that's just the beginning. The annual budget deficit projected for 2016 is 5% of GDP. If it stays at that level, the debt ratio would eventually rise to 125%. Support Project Syndicate's mission Project Syndicate needs your help to provide readers everywhere equal access to the ideas and debates shaping their lives. LEARN MORE Even that projection assumes that interest rates on the national debt will rise slowly, averaging less than 3.5% in 2026. But if the US debt ratio really is on the fast track to triple-digit levels, investors in the US and abroad may rightly fear that the government has lost control of the budget process. With debt exploding, foreign bondholders could begin to worry that the US will find a way to reduce its real value by stoking inflation or imposing a withholding tax on all government bond interest. In that case, investors will insist on a risk premium: higher interest rates on Treasury debt. Higher interest rates, in turn, would increase the deficit - and thus the future level of the debt ratio - even more. The high and rising level of the national debt hurts the US economy in many ways. Paying the interest requires higher federal taxes or a larger budget deficit. In 2016, the interest on the national debt is equal to nearly 16% of the revenue from personal income tax. By 2026, the projected interest on the national debt will equal more than 31% of this revenue, even if interest rates rise as slowly as the CBO projects. Foreign investors now own more than half of net government debt, and
Paul Merrell

Federal judge rules no-fly list process is unconstitutional | Law | theguardian.com - 0 views

  • A federal judge ruled on Tuesday that the US government's no-fly list banning people accused of links to terrorism from commercial flights violates their constitutional rights because it gives them no meaningful way to contest that decision. US District Judge Anna Brown, ruling in a lawsuit filed in federal court in Oregon by 13 Muslim Americans who were branded with the no-fly status, ordered the government to come up with new procedures that allow people on the no-fly list to challenge that designation. The 13 plaintiffs – four of them veterans of the US military – deny they have links to terrorism and say they only learned of their no-fly status when they arrived at an airport and were blocked from boarding a flight.
  • The American Civil Liberties Union, which brought a suit against the policy in 2010, argues that secrecy surrounding the list and lack of any reasonable opportunity for plaintiffs to fight their placement on it violates their clients' constitutional rights to due process. The government contends there is an adequate means of contesting the flight ban and that individuals listed under the policy may ultimately petition a US appeals court directly for relief.
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