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Paul Merrell

F.B.I. and Justice Dept. Said to Seek Charges for Petraeus - NYTimes.com - 0 views

www.nytimes.com/...former-gen-david-petraeus.html

Patraeus criminal-investigation DoJ Holder leaks

shared by Paul Merrell on 12 Jan 15 - No Cached
  • The F.B.I. and Justice Department prosecutors have recommended bringing felony charges against David H. Petraeus, contending that he provided classified information to a lover while he was director of the C.I.A., officials said, and leaving Attorney General Eric H. Holder Jr. to decide whether to seek an indictment that could send the pre-eminent military officer of his generation to prison.The Justice Department investigation stems from an affair Mr. Petraeus had with Paula Broadwell, an Army Reserve officer who was writing his biography, and focuses on whether he gave her access to his C.I.A. email account and other highly classified information.F.B.I. agents discovered classified documents on her computer after Mr. Petraeus resigned from the C.I.A. in 2012 when the affair became public.
  • Mr. Petraeus, a retired four-star general who served as commander of American forces in both Iraq and Afghanistan, has said he never provided classified information to Ms. Broadwell, and has indicated to the Justice Department that he has no interest in a plea deal that would spare him an embarrassing trial. A lawyer for Mr. Petraeus, Robert B. Barnett, said Friday he had no comment.
  • Mr. Holder was expected to decide by the end of last year whether to bring charges against Mr. Petraeus, but he has not indicated how he plans to proceed. The delay has frustrated some Justice Department and F.B.I. officials and investigators who have questioned whether Mr. Petraeus has received special treatment at a time Mr. Holder has led a crackdown on government officials who reveal secrets to journalists.The protracted process has also frustrated Mr. Petraeus’s friends and political allies, who say it is unfair to keep the matter hanging over his head. Senator John McCain, Republican of Arizona, wrote to Mr. Holder last month that the investigation had deprived the nation of wisdom from one of its most experienced leaders.“At this critical moment in our nation’s security,” he wrote, “Congress and the American people cannot afford to have his voice silenced or curtailed by the shadow of a long-running, unresolved investigation marked by leaks from anonymous sources.”
Gary Edwards

Security, the Edward Snowden Way - Datamation - 0 views

www.datamation.com/...-the-edward-snowden-way-1.html

security Edward-Snowden

shared by Gary Edwards on 25 Jul 14 - No Cached
  • NoScript NoScript is a free extension for Mozilla-based web browsers, including Firefox. It blocks executable web content by default. This blocking includes JavaScript, Java, Flash and Silverlight. You can whitelist sites if you want to use such content on a site-by-site basis. Or, if you choose, you can make all sites active by default and choose to blacklist sites you think might be dangerous. A visual button tells you if active content has been blocked on the current site.
  • PGP In the first chapter of his book “No Place to Hide,” journalist Glenn Greenwald wrote that Edward Snowden contacted him using the alias “Cincinnatus,” and said he would tell Greenwald some highly newsworthy facts, but only if he installed Pretty Good Privacy (PGP) first. (Greenwald didn’t know the magnitude of the scoop being offered to him and didn’t get around to installing PGP for months, thus delaying the leak.) PGP, of course, is a 23-year-old encryption program that can be used for email, as well as files and other things.
  • Tor Tor is a free application that routes your Internet traffic through a global volunteer network of thousands of relays that play a shell game with your data so your location and Internet travels are concealed. Tor, which used to stand for “The Onion router” in a reference to layers of encryption, encrypts data in multiple layers that prevents snoops from being able to figure out any details about your web travels, such as where you are or what you’re looking at. Tor was developed in part by US government funding as a way to enable citizens in repressive countries to communicate safely. And the NSA has a lot of respect for it. But in a recent controversy, two Carnegie Mellon researchers said they would give a talk at the Black Hat USA 2014 conference next month telling how to identify Tor users inexpensively (for only $3,000). The session was cut from the lineup because university lawyers didn’t approve it. The institute that the researchers work for is funded by the Pentagon, but the Department of Homeland Security said they did not request that the talk be cancelled.
  • Gary Edwards on 25 Jul 14
     
    "Whether you think NSA whistleblower Edward Snowden is a hero or a traitor, you have to admit: The guy knows how to keep his information secure. The fact that Snowden isn't sitting in Guantanamo right now with ankle cuffs and a bag over his head demonstrates his ability to avoid detection. Snowden spoke at the Hope X conference in New York this month via a Google+ Hangout from Russia, and called on developers to build privacy and security into everyday products. He also hinted that he planned to work on building such technology. If you look into the details of what's been happening with tracking, surveillance, spying, hacking and global cyber industrial espionage, you can see that Snowden is right. We all need a lot better protection from snoops of all stripes. But how does the non-expert get started? One option is to listen to Snowden himself. Over the past year, Snowden has in one format or another, made specific product recommendations. Here are the products Snowden has explicitly recommended since the trove of documents on the NSA has been publicly revealed. (The list is in alphabetical order.) Ghostery Ghostery, made by a company called Evidon, is a browser extension for Chrome, Firefox, Safari and Internet Explorer. It exists for two purposes. The first is to block tracking code, which makes browsing the web both more private and also faster. The second purpose is, somewhat contradictory -- Evidon collects data from you to help advertisers avoid being blocked. It also enables website owners to gain insights into the tracking code deployed on their site by third-party advertising companies. Note that Snowden recommended Ghostery some time ago. But this month, the Electronic Frontier Foundation launched a competing product that I would imagine Snowden would recommend called Privacy Badger."
  • Paul Merrell on 26 Jul 14
     
    I'd back Snowden in 2016 as a write-in candidate for President.
Paul Merrell

UK urged to tell all on US rendition flights | World news | The Observer - 0 views

www.theguardian.com/...rendition-flights-diego-garcia

war & peace rendition torture UK US Diego-Garcia

shared by Paul Merrell on 29 Jun 14 - No Cached
  • Human rights groups seeking to confirm the use of a British overseas territory as a US secret prison have uncovered evidence previously undisclosed to the government confirming that more planes were involved in the extraordinary rendition of terrorist suspects around the world than had been admitted.The revelation has raised fresh questions about the role played by Diego Garcia, an atoll in the Indian Ocean leased to the Americans and which campaigners allege has been used to hold suspects out of sight of lawyers and in contravention of basic human rights.
Paul Merrell

US rendition survivors urge Obama to declassify torture report | World news | theguardian.com - 0 views

www.theguardian.com/...rendition-obama-torture-report

war & peace CIA rendition torture Senate-Intelligence_Committee-Report

shared by Paul Merrell on 30 Aug 14 - No Cached
  • Britel survived what the US calls rendition, an extrajudicial process of transferring a detainee for “interrogation” in a foreign country. Allies of the US beat Britel with a cricket bat, shoved a bottle into his anus, denied him access to lawyers and Italian diplomats and unceremoniously released him in 2011, as if nothing ever happened. “Rendition is a series of shocking events, one worse than the other,” he said. The latest shock comes from Washington, in the form of a long-delayed Senate intelligence committee report into the CIA’s post-9/11 torture. Britel and nine other rendition survivors want to see their names in it, a measure they consider necessary both for accountability and for their own closure. In an open letter to Barack Obama on Thursday, coordinated by human rights group Reprieve, they urge the report’s thorough and prompt declassification.
  • Three of the Middle East’s most brutal and hated dictators participated fulsomely in pre- and post-9/11 renditions: Gaddafi, Hosni Mubarak of Egypt and Bashar al-Assad of Syria. Though the CIA cultivated robust relationships with their security services, cemented around counter-terrorism, the US would later abandon Mubarak, aid in Gaddafi’s overthrow and killing, and come within a hair’s breadth last year of attacking Assad. Through those alliances, the US secretly permitted the architecture of rendition to encompass their partners’ enemies. Documents recovered by Human Rights Watch in the aftermath of Gaddafi’s overthrow showed the US capturing and interrogating Gaddafi’s opponents in the Libyan Islamic Fighting Group, whose ties to al-Qaida were nuanced and transactional, and then rendering them to Gaddafi. “Interrogation” entailed, among other things, being sealed inside a small “confinement box,” repeated beatings and waterboarding – all within CIA custody, and all before transference to Gaddafi’s prisons for even more brutal treatment. “At that time, there was an agreement between Gaddafi and the US and UK to return political opponents to him,” Belhadj said.
Paul Merrell

Billionaires Make War on Iran - The Unz Review - 0 views

www.unz.com/...billionaires-make-war-on-iran

Israel-lobby Iranian-nukes-myth UANI Restis Kaplan litigation DoJ secrets

shared by Paul Merrell on 30 Aug 14 - No Cached
  • All the pro-Israel anti-Iran groups engage in pressure tactics on Capitol Hill and have been effective in dominating the political debate. Of thirty-six outside witnesses brought in to testify at seven Senate hearings on Iran since 2012 only one might be characterized as sensitive to Iranian concerns. The enormous lobbying effort enables the anti-Iran groups to define the actual policies, move their drafts of legislation through congress, and eventually see their bills pass with overwhelming majorities in both the House and Senate. It is democracy in action if one accepts that popular rule ought to be guided by money and pressure groups rather than by national interests. Less well known is United Against Nuclear Iran, which has a budget just shy of $2 million. UANI is involved in the New York lawsuit. The group, which has somehow obtained a 501[c]3 “educational” tax status that inter alia allows it to conceal its donors, has offices in Rockefeller Center in New York City. It is active on Capitol Hill providing “expert testimony” on Iran for congressional committees, to include “help” in drafting legislation. At a July Senate Foreign Relations Committee hearing on Iran all three outside witnesses were from UANI. It is also active in the media but is perhaps best known for its “name and shame” initiatives in which it exposes companies that it claims are doing business with Tehran in violation of US sanctions.
  • UANI is being sued by a Greek billionaire Victor Restis whom it had outed in 2013. Restis, claiming the exposure was fraudulent and carried out to damage his business, has filed suit demanding that UANI and billionaire Thomas Kaplan turn over documents and details of relationships regarding UANI donors who it is claimed are linked to the case. Kaplan, a New York City resident, made his initial fortune on energy exploration and development. More recently he has been involved in commodities trading in precious metals. His wife Daphne is Israeli and his involvement in various Jewish philanthropies both in the US and in Israel have invited comparison with controversial deceased commodities trader Marc Rich, who reportedly worked closely with the Israeli government on a number of projects. The Justice department would like to the see the UANI lawsuit go away as it is aware that what is being described as “law enforcement” documents would include both privileged and classified Treasury Department work product relating to individuals and companies that it has investigated for sanctions busting. Passing either intelligence related or law enforcement documents to a private organization is illegal but the Justice Department’s only apparent concern is that the activity might be exposed. There is no indication that it would go after UANI for having acquired the information and it perhaps should be presumed that the source of the leak is the Treasury Department itself.
  • Who or what provided the documents to a private advocacy group that is also a tax exempt foundation supported by prominent businessmen with interests in the Middle East is consequently not completely clear but Restis is assuming that the truth will out if he can get hold of the evidence. The lawsuit claims that UANI intimidates its targets by defaming their business practices as well as by demanding both examination of their books and an audit carried out by one of its own accountants followed by review from an “independent counsel.” Kaplan is named in the suit as he appears to be the gray eminence behind UANI. He once boasted “we’ve (UANI) done more to bring Iran to heel than any other private sector initiative.” Kaplan also employs as a director or officer in six of his companies the Executive Director of UANI Mark Wallace and reportedly arranged the awarding of the Executive Director position at Harvard’s Belfer Center to its President Gary Samore. Kaplan is a business competitor to Restis, whose lawyers are apparently seeking to demonstrate two things: first, that the US government has been feeding sometimes only partially vetted information to UANI to help in its “name and shame” program and second, that UANI is itself supported by partisan business interests like Kaplan as well as by foreign sources, which apparently is meant to imply Israel. Or even the Israeli intelligence service Mossad. Meir Dagan, former head of Mossad, is on the UANI advisory board, which also includes ex-Senator Joseph Lieberman and former Senior Diplomat Dennis Ross, both of whom have frequently been accused of favoring Israeli interests and both of whom might well have easy access to US government generated information.
  • ...2 more annotations...
  • And then there is the Muhadedin-e-Khalq, the Iranian terrorist group that has assassinated at least six Americans and is now assisting the Israeli government in killing Iranian scientists, a prima facie definition of what constitutes terrorism. The group was on the State Department terrorist list from 1997 until 2012, when Secretary of State Hillary Clinton de-listed it in response to demands coming from friends of Israel in Congress as well as from a large group of ex government officials, many of whom were paid large honoraria by the group to serve as advocates. The paid American shills included former CIA Directors James Woolsey and Porter Goss, New York City Mayor Rudolph Giuliani, former Vermont Governor Howard Dean, former Director of the Federal Bureau of Investigation Louis Freeh and former United Nations Ambassador John Bolton. The promoters of MEK in congress and elsewhere claimed to be primarily motivated by MEK’s being an enemy of the current regime in Tehran, though its virulent anti-Americanism and terrorist history make it a somewhat unlikely poster child for the “Iranian resistance.”
  • Supporters of MEK also ignore the fact that the group is run like a cult, routinely executes internal dissidents, and has virtually no political support within Iran. But such are the ways of the corrupt Washington punditocracy, lionizing an organization that it should be shunning. MEK’s political arm is located in Paris and it has long been assumed that it is funded by the Israeli government and by at least some of the same gaggle of billionaires, possibly including their Israeli counterparts, who support the anti-Iranian agenda in the United States.
  • Paul Merrell on 30 Aug 14
     
    More detail about the extraordinary action of the Dept. of Justice to negotiate a settlement because discovery requested from the United Against Nuclear Iran private organization would include privileged and classified "law enforcement" records.
Paul Merrell

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

www.nytimes.com/...data-surveillance-program.html

surveillance-state NSA DoJ Stellar-Wind email Bush2 illegal

shared by Paul Merrell on 08 Sep 14 - No Cached
  • The Justice Department has released a newly declassified version of a May 2004 legal memo approving the National Security Agency’s Stellarwind program, a set of warrantless surveillance and data collection activities that President George W. Bush secretly authorized after the terrorist attacks of Sept. 11, 2001. But questions about the program remain.A more heavily redacted version of the memo had been released in 2011 as part of Freedom of Information Act lawsuits by the American Civil Liberties Union and the Electronic Privacy Information Center. The new version includes previously censored references to the existence of the data collection related to Americans’ phone calls and emails.
  • The Obama administration voluntarily reprocessed the memo from Jack Goldsmith, the head of the Justice Department’s Office of Legal Counsel, in light of the fact that it had declassified the existence of the bulk phone and email data programs last year after leaks by Edward J. Snowden, a former N.S.A. contractor.The fuller release adds to the public record of an important historical episode. However, the government continued to redact crucial portions of the memo that would answer a primary remaining question about the history of Stellarwind: What prompted the Justice Department to conclude in early 2004 that one aspect of the program, which collected records about Americans’ emails in bulk, was illegal — even though it permitted other aspects, like warrantless wiretapping and the bulk collection of Americans’ phone records, to continue?“They have continued to keep redacted something very significant,” said Jameel Jaffer, a lawyer with the A.C.L.U.
  • The Justice Department’s conclusion that the email metadata program was illegal led to a March 2004 confrontation between White House and department officials in the hospital room of Attorney General John Ashcroft, after which nearly the entire top leadership of the department threatened to resign, prompting President Bush to agree to changes.
  • ...1 more annotation...
  • parts of what had happened began to become public, starting with a December 2005 article in The New York Times that revealed the warrantless wiretapping portion of the program. The bulk phone and email metadata programs, however, remained secret until 2013, when they came to light in leaks by Mr. Snowden.While the basic existence of the March 2004 crisis has been known, it was not until Mr. Snowden’s leaks that it became clear that it pertained only to the Internet metadata program. However, it has remained murky what Mr. Goldsmith objected to in light of his willingness to bless the rest of Stellarwind based on a sweeping theory of presidential wartime powers.Those portions of the memo remain redacted in the newly released version.
Paul Merrell

James Risen's CIA Story Op Merlin - Business Insider - 0 views

www.businessinsider.com/ens-cia-story-op-merlin-2015-1

war-on-whistleblowers Risen testimony

shared by Paul Merrell on 14 Jan 15 - No Cached
  • For the past seven years, New York Times journalist James Risen has been embroiled in a legal battle with two presidential administrations over his refusal to reveal an inside government source. It turns out he will not be called to testify at a leak trial scheduled to begin this week.
  • Paul Merrell on 14 Jan 15
     
    Sounds like Obama blinked first.
Paul Merrell

WikiLeaks Slams Google Capitulation to US Government | News | teleSUR - 0 views

www.telesurtv.net/...Government--20150126-0019.html

surveillance state press-freedom Google DoJ emails contact-lists credit-card bank-account Wikileaks

shared by Paul Merrell on 28 Jan 15 - No Cached
  • WikiLeaks strongly criticized Google at a press conference in Geneva Monday for taking two and a half years to divulge that it had handed over staff emails from the open information journalistic group to the U.S. government. On Dec. 23, 2014, Google finally informed WikiLeaks that it had responded to the U.S. Justice Department's order to give all available digital data of three WikiLeaks members, Sarah Harrison, Kristinn Hrafnsson, and Joseph Farell. The information handed over included emails, draft emails, deleted emails, source and destination addresses of all of the emails, as well as telephone numbers, contact lists, and credit card and bank account numbers. In a press conference, WikiLeaks’ lawyer Baltasar Garzon said that the way that the U.S. government asked for the information is “unacceptable and violates the Fourth Amendment” of the U.S. Constitution. He characterized the U.S. government's request as a “fishing expedition” and a “blanket attack” against WikiLeaks.
  • He also questioned why Google did not contest the request from the Justice Department and pointed out that if Google had challenged the order, then that would have given WikiLeaks the opportunity to fight the U.S. government's invasion of privacy. Garzon said he has written a letter to the executive chairman of Google, Eric Schmidt, demanding to know all of the information that was turned over to the U.S. government. This latest revelation by Google is seen as a part of the criminal investigation against WikiLeaks that was first launched in 2010, following the group’s publication of hundreds of thousands of U.S. secrets, included in documents and cables, that the organization received by U.S. soldier Chelsea Manning. Manning is currently serving 35 years in military prison for leaking the information. Julian Assange, the founder and editor-in-chief of WikiLeaks, said that this is really a story of Google rolling over yet again to help the US government violate the Constitution – by taking over journalists’ private emails in response to give-us-everything warrants.”
Paul Merrell

New Saudi King Tied to Al Qaeda, Bin Laden and Islamic Terrorism Washington's Blog - 0 views

www.washingtonsblog.com/...i-king-tied-911-bin-laden.html

war & peace Saudis King-Salman terrorists™

shared by Paul Merrell on 05 Feb 15 - No Cached
  • We’ve long noted that Saudi Arabia is a huge supporter of terrorism. But the new Saudi king is particularly bad. Investors Business Daily notes: King Salman has a history of funding al-Qaida, and his son has been accused of knowing in advance about the 9/11 attacks. *** Salman once ran a Saudi charity tied to al-Qaida and has been named a defendant in two lawsuits accusing the Saudi royal family of helping the 9/11 terrorists, one of which the U.S. Supreme Court recently let move forward after years of being blocked by the State Department and the well-funded Saudi lobby. Plaintiffs have provided an enormous amount of material to source their accusations against Salman. Here’s why his ascension to the throne is not good news, especially as the terrorism threat grows: • Salman once headed the Saudi High Commission for Relief to Bosnia and Herzegovina, which served as a key charitable front for al-Qaida in the Balkans. • According to a United Nations-sponsored investigation, Salman in the 1990s transferred more than $120 million from commission accounts under his control — as well as his own personal accounts — to the Third World Relief Agency, another al-Qaida front and the main pipeline for illegal weapons shipments to al-Qaida fighters in the Balkans.
  • • A U.N. audit found that the money was transferred following meetings with Salman, transfers that had no legitimate “humanitarian” purpose. • Former CIA officer Robert Baer has reported that an international raid of Saudi High Commission offices found evidence of terrorist plots against America. • Baer also revealed that Salman “personally approved” distribution of funds from the International Islamic Relief Organization, which also has provided material support to al-Qaida. • A recent Gulf Institute report says Salman and former Saudi intelligence chief Prince Turki al-Faisal knowingly aided and abetted al-Qaida in the run-up to 9/11. • Salman works closely with Saudi clerics Saleh al-Moghamsy, a radical anti-Semite, and Safar Hawali, a one-time mentor of Osama bin Laden, according to the Washington Free Beacon. • In “Why America Slept,” author Gerald Posner claimed that Salman’s son Ahmed bin Salman also had ties to al-Qaida and even advance knowledge of the Sept. 11, 2001 attacks.
  • David Andrew Weinberg provides a superb round-up of Salman’s ties to terrorism and extremism: As former CIA official Bruce Riedel astutely pointed out, Salman was the regime’s lead fundraiser for mujahideen, or Islamic holy warriors, in Afghanistan in the 1980s, as well as for Bosnian Muslims during the Balkan struggles of the 1990s. In essence, he served as Saudi Arabia’s financial point man for bolstering fundamentalist proxies in war zones abroad. As longtime governor of Riyadh, Salman was often charged with maintaining order and consensus among members of his family. Salman’s half brother King Khalid (who ruled from 1975 to 1982) therefore looked to him early on in the Afghan conflict to use these family contacts for international objectives, appointing Salman to run the fundraising committee that gathered support from the royal family and other Saudis to support the mujahideen against the Soviets. Riedel writes that in this capacity, Salman “work[ed] very closely with the kingdom’s Wahhabi clerical establishment.” Another CIA officer who was stationed in Pakistan in the late 1980s estimates that private Saudi donations during that period reached between $20 million and $25 million every month. And as Rachel Bronson details in her book, Thicker Than Oil: America’s Uneasy Partnership With Saudi Arabia, Salman also helped recruit fighters for Abdul Rasul Sayyaf, an Afghan Salafist fighter who served as a mentor to both Osama bin Laden and 9/11 mastermind Khalid Sheikh Mohammed.
  • ...7 more annotations...
  • Reprising this role in Bosnia, Salman was appointed by his full brother and close political ally King Fahd to direct the Saudi High Commission for Relief of Bosnia and Herzegovina (SHC) upon its founding in 1992. Through the SHC, Salman gathered donations from the royal family for Balkan relief, supervising the commission until its until its recent closure in 2011. By 2001, the organization had collected around $600 million — nominally for relief and religious purposes, but money that allegedly also went to facilitating arms shipments, despite a U.N. arms embargo on Bosnia and other Yugoslav successor states from 1991 to 1996. And what kind of supervision did Salman exercise over this international commission? In 2001, NATO forces raided the SHC’s Sarajevo offices, discovering a treasure trove of terrorist materials: before-and-after photographs of al Qaeda attacks, instructions on how to fake U.S. State Department badges, and maps marked to highlight government buildings across Washington. The Sarajevo raid was not the first piece of evidence that the SHC’s work went far beyond humanitarian aid. Between 1992 and 1995, European officials tracked roughly $120 million in donations from Salman’s personal bank accounts and from the SHC to a Vienna-based Bosnian aid organization named the Third World Relief Agency (TWRA). Although the organization claimed to be focused on providing humanitarian relief, Western intelligence agencies estimated that the TWRA actually spent a majority of its funds arming fighters aligned with the Bosnian government.
  • A defector from al Qaeda called to testify before the United Nations, and who gave a deposition for lawyers representing the families of 9/11 victims, alleged that both Salman’s SHC and the TWRA provided essential support to al Qaeda in Bosnia, including to his 107-man combat unit. In a deposition related to the 9/11 case, he stated that the SHC “participated extensively in supporting al Qaida operations in Bosnia” and that the TWRA “financed, and otherwise supported” the terrorist group’s fighters. The SHC’s connection to terrorist groups has long been scrutinized by U.S. intelligence officials as well. The U.S. government’s Joint Task Force Guantanamo once included the Saudi High Commission on its list of suspected “terrorist and terrorist support entities.” The Defense Intelligence Agency also once accused the Saudi High Commission of shipping both aid and weapons to Mohamed Farrah Aidid, the al Qaeda-linked Somali warlord depicted as a villain in the movie Black Hawk Down. Somalia was subject to a United Nations arms embargo starting in January 1992. *** The board of trustees for the Prince Salman Youth Center, which Salman himself chairs, today includes Saleh Abdullah Kamel, a Saudi billionaire whose name showed up on a purported list of al Qaeda’s earliest supporters known as the “golden chain.” (The Wall Street Journal reported that Kamel “denies supporting terror.”) But as the United States sought to shut down Saudi charities with ties to terrorism in the aftermath of the 9/11 attacks, Kamel and Salman both condemned the effort as an anti-Islamic witch hunt.
  • In 1995, US aid worker William Jefferson is killed in Bosnia. One of the likely suspects, Ahmed Zuhair Handala, is linked to the SHC. He also is let go, despite evidence linking him to massacres of civilians in Bosnia. [Schindler, 2007, pp. 263-264] In 1997, a Croatian apartment building is bombed, and Handala and two other SHC employees are suspected of the bombing. They escape, but Handala will be captured after 9/11 and sent to Guantanamo prison. [Schindler, 2007, pp. 266] In 1997, SHC employee Saber Lahmar is arrested for plotting to blow up the US embassy in Saravejo. He is convicted, but pardoned and released by the Bosnian government two years later. He will be arrested again in 2002 for involvement in an al-Qaeda plot in Bosnia and sent to Guantanamo prison (see January 18, 2002). By 1996, NSA wiretaps reveal that Prince Salman is funding Islamic militants using charity fronts (Between 1994 and July 1996).
  • History Commons adds important details: By 1994, if not earlier, the NSA is collecting electronic intercepts of conversations between Saudi Arabian royal family members. Journalist Seymour Hersh will later write, “according to an official with knowledge of their contents, the intercepts show that the Saudi government, working through Prince Salman [bin Abdul Aziz], contributed millions to charities that, in turn, relayed the money to fundamentalists. ‘We knew that Salman was supporting all of the causes,’ the official told me.” By July 1996 or soon after, US intelligence “had more than enough raw intelligence to conclude… bin Laden [was] receiving money from prominent Saudis.” [Hersh, 2004, pp. 324, 329-330] One such alleged charity front linked to Salman is the Saudi High Commission in Bosnia (see 1996 and After). Prince Salman has long been the governor of Riyadh province. At the time, he is considered to be about fourth in line to be king of Saudi Arabia. His son Prince Ahmed bin Salman will later be accused of having connections with al-Qaeda leader Abu Zubaida (see Early April 2002). [PBS, 10/4/2004] It appears this surveillance of Saudi royals will come to an end in early 2001 (see (February-March 2001)).
  • Author Roland Jacquard will later claim that in 1996, al-Qaeda revives its militant network in Bosnia in the wake of the Bosnian war and uses the Saudi High Commission (SHC) as its main charity front to do so. [Jacquard, 2002, pp. 69] This charity was founded in 1993 by Saudi Prince Salman bin Abdul-Aziz and is so closely linked to and funded by the Saudi government that a US judge will later render it immune to a 9/11-related lawsuit after concluding that it is an organ of the Saudi government. [New York Law Journal, 9/28/2005] In 1994, British aid worker Paul Goodall is killed in Bosnia execution-style by multiple shots to the back of the head. A SHC employee, Abdul Hadi al-Gahtani, is arrested for the murder and admits the gun used was his, but the Bosnian government lets him go without a trial. Al-Gahtani will later be killed fighting with al-Qaeda and the Taliban in Afghanistan. [Schindler, 2007, pp. 143-144; Schindler is a professor at the U.S. Army War College] In 1995, the Bosnian Ministry of Finance raids SHC’s offices and discovers documents that show SHC is “clearly a front for radical and terrorism-related activities.” [Burr and Collins, 2006, pp. 145]
  • In November 2002, Prince Salman patronized a fundraising gala for three Saudi charities under investigation by Washington: the International Islamic Relief Organization, al-Haramain Foundation, and the World Assembly of Muslim Youth. Since 9/11, all three organizations have had branches shuttered or sanctioned over allegations of financially supporting terrorism. That same month, Salman cited his experience on the boards of charitable societies, asserting that “it is not the responsibility of the kingdom” if others exploit Saudi donations for terrorism. *** The new king has also embraced Saudi cleric Saleh al-Maghamsi, an Islamic supremacist who declared in 2012 that Osama bin Laden had more “sanctity and honor in the eyes of Allah,” simply for being a Muslim, than “Jews, Christians, Zoroastrians, apostates, and atheists,” whom he described by nature as “infidels.” That didn’t put an end to Salman’s ties to Maghamsi, however. The new Saudi king recently served as head of the supervisory board for a Medina research center directed by Maghamsi. A year after Maghamsi’s offensive comments, Salman sponsored and attended a large cultural festival organized by the preacher. Maghamsi also advises two of Salman’s sons ….
  • A 1996 CIA report mentions, “We continue to have evidence that even high ranking members of the collecting or monitoring agencies in Saudi Arabia, Kuwait, and Pakistan – such as the Saudi High Commission – are involved in illicit activities, including support for terrorists” (see January 1996). Jacquard claims that most of the leadership of the SHC supports bin Laden. The SHC, while participating in some legitimate charitable functions, uses its cover to ship illicit goods, drugs, and weapons in and out of Bosnia. In May 1997, a French military report concludes: ”(T)he Saudi High Commission, under cover of humanitarian aid, is helping to foster the lasting Islamization of Bosnia by acting on the youth of the country. The successful conclusion of this plan would provide Islamic fundamentalism with a perfectly positioned platform in Europe and would provide cover for members of the bin Laden organization.” [Jacquard, 2002, pp. 69-71] However, the US will take no action until shortly after 9/11, when it will lead a raid on the SHC’s Bosnia offices. Incriminating documents will be found, including information on how to counterfeit US State Department ID badges, and handwritten notes about meetings with bin Laden. Evidence of a planned attack using crop duster planes is found as well. [Schindler, 2007, pp. 129, 284]
  • Paul Merrell on 05 Feb 15
     
    So the U.S. invades Afghanistan and Iraq instead of Saudi Arabia? 
Paul Merrell

Deported by US to Turkey, Palestinian activist Dr. Sami Al-Arian speaks out | The Electronic Intifada - 0 views

electronicintifada.net/...st-dr-sami-al-arian-speaks-out

war & peace Israel-lobby Al-Arian litigation deportation tyranny

shared by Paul Merrell on 07 Feb 15 - No Cached
  • More than six months after the US government finally dropped all charges against Dr. Sami Al-Arian, the stateless Palestinian academic and activist was deported yesterday to Turkey. During his appearance on Democracy Now! today, Dr. Al-Arian expressed relief that his twelve-year-long persecution in the US, where he lived for forty years, had finally come to an end. “It feels like I’m free, finally really feeling freedom for the first time in twelve years,” Dr. Al-Arian said.
  • During the half-hour segment, Dr. Al-Arian revealed how he campaigned for George W. Bush, helping him win crucial votes from the Muslim community that would clinch his 2000 presidential election victory in the decisive state of Florida. Dr. Al-Arian was very active politically, and had visited the White House several times during both the Bush and Clinton administrations. Regarding his role in Bush’s election, Dr. Al-Arian said that he received a call “from someone who was very close to [Bush advisor] Karl Rove” asking how the campaign could win the endorsement of the Muslim American community. Dr. Al-Arian told this contact that Bush needed to declare his support for proposed legislation against secret evidence being used against Arab and Muslim Americans. During the second presidential candidate debate, Dr. Al-Arian told Democracy Now!, Bush did just that, securing the support of Muslim and Arab American leaders.
  • His administration had invited these leaders to the White House after Bush took office for a big announcement of good news regarding the legislation. “Unfortunately, it was on 9/11,” Dr. Al-Arian said, referring to the 11 September 2001 attacks in the US. “So that meeting never happened.” Instead, the country went in a very different direction. “At the time, we were protesting secret evidence,” Dr. Al-Arian added. “What happened after 9/11 is that they were arresting people with no evidence.”
  • ...4 more annotations...
  • Despite this plea deal, Dr. Al-Arian was subpoenaed for a separate prosecution and then hit with contempt charges in March 2008 and issued two more subpoenas in the following year. Now under house arrest, Dr. Al-Arian’s case languished in the courts for years until the government finally moved to dismiss in June of last year. Regarding the saga endured by Dr. Al-Arian, Qamar and Azhar write: Reading the case files is an exercise in bewildering consternation. How did a man who was never convicted by a jury of his peers end up serving five years in prison and four and a half years under house arrest? Several lawyers we consulted point to the unique nature of the case, perhaps unprecedented even in the annals of bizarre government judicial practices since 11 September 2001.
  • “In the hopes of escaping an indefinite legal battle that would keep him in jail, Al-Arian opted to plead guilty for one of the less serious charges, which accused him of sending money to a Palestinian charity before the US government made it illegal to do so,” Khadijah Qamar and Hamdan Azhar recounted for The Electronic Intifada last year. “The judge gave him a 57-month sentence, most of which he had already served, with the promise of deportation by April 2007,” Qamar and Azhar added.
  • After he was fired from the University of South Florida following two years of administrative leave and a lengthy smear campaign that began with “vicious” attacks on him by right-wing Fox News pundit Bill O’Reilly, Dr. Al-Arian found himself a target of the newly passed Patriot Act. In February 2003, as Democracy Now! host Amy Goodman explained today, “The Justice Department handed down a sweeping fifty count indictment against him and seven other men, charging them with conspiracy to commit murder, giving material support to terrorists, extortion, perjury and other offenses. He was held in solitary confinement leading up to the trial.” That trial ended in 2005 with the jury failing to return a single guilty verdict, acquitting Dr. Al-Arian of eight of the seventeen counts he was tried on. But the government’s efforts did not end there, as the prosecution threatened a retrial of the nine charges on which the jury had deadlocked. Dr. Al-Arian chose to spare himself a second trial.
  • The underhanded and unprecedented tactics used by government prosecutors against Al-Arian were wielded against other Palestinian activists. Humanitarians were sentenced to decades in prison in the Holy Land Five case as material support for terror convictions became the domestic front of the endless US wars and occupations abroad. The era of political repression is not over, as shown by the recent moves to criminalize Palestine solidarity work, including at US campuses, and the recent conviction of Palestinian American community leader Rasmea Odeh. “I’ve heard a lot from Obama, but it’s all rhetoric … after six years, I haven’t really seen much change,” Dr. Al-Arian said from Turkey today. But he expressed happiness towards protests and whistleblowing regarding “the excesses of the surveillance and police state.”
  • Paul Merrell on 07 Feb 15
     
    A very sad chapter in American legal history. 
Paul Merrell

FBI Flouts Obama Directive to Limit Gag Orders on National Security Letters - The Intercept - 0 views

firstlook.org/...ders-national-security-letters

surveillance state FBI NSLs litigation 1st Amendment civil-liberties

shared by Paul Merrell on 24 Feb 15 - No Cached
  • Despite the post-Snowden spotlight on mass surveillance, the intelligence community’s easiest end-run around the Fourth Amendment since 2001 has been something called a National Security Letter. FBI agents can demand that an Internet service provider, telephone company or financial institution turn over its records on any number of people — without any judicial review whatsoever — simply by writing a letter that says the information is needed for national security purposes. The FBI at one point was cranking out over 50,000 such letters a year; by the latest count, it still issues about 60 a day. The letters look like this:
  • Recipients are legally required to comply — but it doesn’t stop there. They also aren’t allowed to mention the order to anyone, least of all the person whose data is being searched. Ever. That’s because National Security Letters almost always come with eternal gag orders. Here’s that part:
  • That means the NSL process utterly disregards the First Amendment as well. More than a year ago, President Obama announced that he was ordering the Justice Department to terminate gag orders “within a fixed time unless the government demonstrates a real need for further secrecy.” And on Feb. 3, when the Office of the Director of National Intelligence announced a handful of baby steps resulting from its “comprehensive effort to examine and enhance [its] privacy and civil liberty protections” one of the most concrete was — finally — to cap the gag orders: In response to the President’s new direction, the FBI will now presumptively terminate National Security Letter nondisclosure orders at the earlier of three years after the opening of a fully predicated investigation or the investigation’s close. Continued nondisclosures orders beyond this period are permitted only if a Special Agent in Charge or a Deputy Assistant Director determines that the statutory standards for nondisclosure continue to be satisfied and that the case agent has justified, in writing, why continued nondisclosure is appropriate.
  • ...6 more annotations...
  • Despite the use of the word “now” in that first sentence, however, the FBI has yet to do any such thing. It has not announced any such change, nor explained how it will implement it, or when. Media inquiries were greeted with stalling and, finally, a no comment — ostensibly on advice of legal counsel. “There is pending litigation that deals with a lot of the same questions you’re asking, out of the Ninth Circuit,” FBI spokesman Chris Allen told me. “So for now, we’ll just have to decline to comment.” FBI lawyers are working on a court filing for that case, and “it will address” the new policy, he said. He would not say when to expect it.
  • There is indeed a significant case currently before the federal appeals court in San Francisco. Oral arguments were in October. A decision could come any time. But in that case, the Electronic Frontier Foundation (EFF), which is representing two unnamed communications companies that received NSLs, is calling for the entire NSL statute to be thrown out as unconstitutional — not for a tweak to the gag. And it has a March 2013 district court ruling in its favor. “The gag is a prior restraint under the First Amendment, and prior restraints have to meet an extremely high burden,” said Andrew Crocker, a legal fellow at EFF. That means going to court and meeting the burden of proof — not just signing a letter. Or as the Cato Institute’s Julian Sanchez put it, “To have such a low bar for denying persons or companies the right to speak about government orders they have been served with is anathema. And it is not very good for accountability.”
  • In a separate case, a wide range of media companies (including First Look Media, the non-profit digital media venture that produces The Intercept) are supporting a lawsuit filed by Twitter, demanding the right to say specifically how many NSLs it has received. But simply releasing companies from a gag doesn’t assure the kind of accountability that privacy advocates are saying is required by the Constitution. “What the public has to remember is a NSL is asking for your information, but it’s not asking it from you,” said Michael German, a former FBI agent who is now a fellow with the Brennan Center for Justice. “The vast majority of these things go to the very large telecommunications and financial companies who have a large stake in maintaining a good relationship with the government because they’re heavily regulated entities.”
  • So, German said, “the number of NSLs that would be exposed as a result of the release of the gag order is probably very few. The person whose records are being obtained is the one who should receive some notification.” A time limit on gags going forward also raises the question of whether past gag orders will now be withdrawn. “Obviously there are at this point literally hundreds of thousands of National Security Letters that are more than three years old,” said Sanchez. Individual review is therefore unlikely, but there ought to be some recourse, he said. And the further back you go, “it becomes increasingly implausible that a significant percentage of those are going to entail some dire national security risk.” The NSL program has a troubled history. The absolute secrecy of the program and resulting lack of accountability led to systemic abuse as documented by repeated inspector-general investigations, including improperly authorized NSLs, factual misstatements in the NSLs, improper requests under NSL statutes, requests for information based on First Amendment protected activity, “after-the-fact” blanket NSLs to “cover” illegal requests, and hundreds of NSLs for “community of interest” or “calling circle” information without any determination that the telephone numbers were relevant to authorized national security investigations.
  • Obama’s own hand-selected “Review Group on Intelligence and Communications Technologies” recommended in December 2013 that NSLs should only be issued after judicial review — just like warrants — and that any gag should end within 180 days barring judicial re-approval. But FBI director James Comey objected to the idea, calling NSLs “a very important tool that is essential to the work we do.” His argument evidently prevailed with Obama.
  • NSLs have managed to stay largely under the American public’s radar. But, Crocker says, “pretty much every time I bring it up and give the thumbnail, people are shocked. Then you go into how many are issued every year, and they go crazy.” Want to send me your old NSL and see if we can set a new precedent? Here’s how to reach me. And here’s how to leak to me.
Paul Merrell

Wikimedia v. NSA | American Civil Liberties Union - 0 views

www.aclu.org/...wikimedia-v-nsa

surveillance state NSA ACLU Wikimedia-case litigation 4th-Amendment

shared by Paul Merrell on 11 Mar 15 - No Cached
  • The ACLU has filed a lawsuit challenging the constitutionality of the NSA’s mass interception and searching of Americans’ international communications. At issue is the NSA's “upstream” surveillance, through which the U.S. government monitors almost all international – and many domestic – text-based communications. The ACLU’s lawsuit, filed in March 2015 in the U.S. District Court for the District of Maryland, is brought on behalf of nearly a dozen educational, legal, human rights, and media organizations that collectively engage in hundreds of billions of sensitive Internet communications and have been harmed by NSA surveillance.
  • The plaintiffs in the lawsuit are: Wikimedia Foundation, The National Association of Criminal Defense Lawyers, Human Rights Watch, Amnesty International USA, PEN American Center, Global Fund for Women, The Nation Magazine, The Rutherford Institute, and The Washington Office on Latin America. These plaintiffs’ sensitive communications have been copied, searched, and likely retained by the NSA. Upstream surveillance hinders the plaintiffs’ ability to ensure the basic confidentiality of their communications with crucial contacts abroad – among them journalists, colleagues, clients, victims of human rights abuses, and the tens of millions of people who read and edit Wikipedia pages. Read the complaint » Upstream surveillance, which the government claims is authorized by the FISA Amendments Act of 2008, is designed to ensnare all of Americans’ international communications, including emails, web-browsing content, and search engine queries. It is facilitated by devices installed, with the help of companies like Verizon and AT&T, directly on the internet “backbone” – the network of high-capacity cables, switches, and routers across which Internet traffic travels.
  • The NSA intercepts and copies private communications in bulk while they are in transit, and then searches their contents using tens of thousands of keywords associated with NSA targets. These targets, chosen by intelligence analysts, are never approved by any court, and the limitations that do exist are weak and riddled with exceptions. Under the FAA, the NSA may target any foreigner outside the United States believed likely to communicate “foreign intelligence information” – a pool of potential targets so broad that it encompasses journalists, academic researchers, corporations, aid workers, business persons, and others who are not suspected of any wrongdoing.
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  • Through its general, indiscriminate searches and seizures of the plaintiffs’ communications, upstream surveillance invades their Fourth Amendment right to privacy, infringes on their First Amendment rights to free expression and association, and exceeds the statutory limits of the FAA itself. The nature of plaintiffs' work and the law’s permissive guidelines for targeting make it likely that the NSA is also retaining and reading their communications, from email exchanges between Amnesty staff and activists, to Wikipedia browsing by readers abroad. The ACLU litigated an earlier challenge to surveillance conducted under the FAA – Clapper v. Amnesty – which was filed less than an hour after President Bush signed the FAA into law in 2008. In a 5-4 vote, the Supreme Court dismissed the case in February 2013 on the grounds that the plaintiffs could not prove they had been spied on. Edward Snowden has said that the ruling contributed to his decision to expose the full scope of NSA surveillance a few months later. Among his disclosures was upstream surveillance, the existence of which was later confirmed by the government.
Paul Merrell

The "Snowden is Ready to Come Home!" Story: a Case Study in Typical Media Deceit - The Intercept - 0 views

firstlook.org/...tories-case-study-media-deceit

surveillance state Snowden charges return-to-U.S.

shared by Paul Merrell on 05 Mar 15 - No Cached
  • Most sentient people rationally accept that the U.S. media routinely disseminates misleading stories and outright falsehoods in the most authoritative tones. But it’s nonetheless valuable to examine particularly egregious case studies to see how that works. In that spirit, let’s take yesterday’s numerous, breathless reports trumpeting the “BREAKING” news that “Edward Snowden now wants to come home!” and is “now negotiating the terms of his return!” Ever since Snowden revealed himself to the public 20 months ago, he has repeatedly said the same exact thing when asked about his returning to the U.S.: I would love to come home, and would do so if I could get a fair trial, but right now, I can’t. His primary rationale for this argument has long been that under the Espionage Act, the 1917 statute under which he has been charged, he would be barred by U.S. courts from even raising his key defense: that the information he revealed to journalists should never have been concealed in the first place and he was thus justified in disclosing it to journalists. In other words, when U.S. political and media figures say Snowden should “man up,” come home and argue to a court that he did nothing wrong, they are deceiving the public, since they have made certain that whistleblowers charged with “espionage” are legally barred from even raising that defense.
  • Snowden has also pointed out that legal protections for whistleblowers are explicitly inapplicable to those, like him, who are employed by private contractors (rendering President Obama’s argument about why Snowden should “come home” entirely false). One month after Snowden was revealed, Daniel Ellsberg wrote an Op-Ed in the Washington Post arguing that Snowden did the right thing in leaving the U.S. because he would not be treated fairly, and argued Snowden should not return until he is guaranteed a fully fair trial. Snowden has said all of this over and over. In June 2013, when I asked him during the online Guardian chat why he left the U.S. for Hong Kong, he said: “the US Government, just as they did with other whistleblowers, immediately and predictably destroyed any possibility of a fair trial at home . . . That’s not justice, and it would be foolish to volunteer yourself to it if you can do more good outside of prison than in it.” In January 2014, AP reported about a new online chat Snowden gave: “Snowden said returning would be the best resolution. But Snowden said he can’t return because he wouldn’t be allowed to argue at trial that he acted in the public interest when he revealed the National Security Agency’s mass surveillance programs.” In that chat, he said: “Returning to the US, I think, is the best resolution for the government, the public, and myself.”
  • Gingrich: “I think if we can find a way to get him home, get the rest of the documents that he has not leaked . . . it’s worth doing, but I think he’d have to serve jail time, and it’d probably be fairly lengthy. I don’t think the country would tolerate this level of betrayal, not having some very significant jail time — Blitzer: “You say lengthy. What do you think? Gingrich: “I’m not an expert in this, but I’d say more than 10 years.” Where to start? First, Gingrich’s belief that it’s possible to “get the rest of the documents that he has not leaked” is simply adorable. Second, Gingrich is a fascinating choice for CNN to have pontificate on proper punishments given that he is the first House Speaker to ever be punished for ethics violations, for which he was fined $300,000. Third, David Petraeus was just allowed to plead guilty for leaking extremely sensitive secrets — not out of a whistleblowing desire to inform the public but simply to satisfy his mistress — and will almost certainly spend no time in jail; Gingrich, Blitzer, Ignatius and friends would never dare suggest that the General should go to prison (just as DC’s stern law-and-order advocates who demand Snowden’s imprisonment would never dare suggest the same for James Clapper for having lied to Congress).
  • ...1 more annotation...
  • Most important, if you were Snowden, and you constantly heard U.S. political and media elites consigning you to prison for a decade or longer before your trial started, would you remotely believe assurances that you’d get a fair trial? What rational person would ever willingly submit themselves to a penal state that imprisons more of its citizens than any other in the world, run by people with this mentality? And when you examine case studies like this of what U.S. media is not just capable of doing but eager to do — concoct a completely false narrative based on fictitious events and then proceed to spend a full day drawing all sorts of self-serving and propagandistic lessons from it — why would anyone regard what comes spewing forth from them with anything other than extreme suspicion and contempt?
Paul Merrell

Did NSA, GCHQ steal the secret key in YOUR phone SIM? It's LIKELY * The Register - 0 views

www.theregister.co.uk/...mpany_to_steal_keys_to_kingdom

shared by Paul Merrell on 15 Mar 15 - No Cached
  • The NSA and Britain's GCHQ hacked the world's biggest SIM card maker to harvest the encryption keys needed to silently and effortlessly eavesdrop on potentially millions of people. That's according to documents obtained by surveillance whistleblower Edward Snowden and leaked to the web on Thursday. "Wow. This is huge – it's one of the most significant findings of the Snowden files so far," computer security guru Bruce Schneier told The Register this afternoon. "We always knew that they would occasionally steal SIM keys. But all of them? The odds that they just attacked this one firm are extraordinarily low and we know the NSA does like to steal keys where it can." The damning slides, published by Snowden's chums at The Intercept, detail the activities of the as-yet unheard-of Mobile Handset Exploitation Team (MHET), run by the US and UK. The group targeted Gemalto, which churns out about two billion SIM cards each year for use around the world, and targeted it in an operation dubbed DAPINO GAMMA.
  • Gemalto's hacking may also bring into question some of its other security products as well. The company supplies chips for electronic passports issued by the US, Singapore, India, and many European states, and is also involved in the NFC and mobile banking sector. It's important to note that this is useful for tracking the phone activity of a target, but the mobile user can still use encryption on the handset itself to ensure that some communications remain private. "Ironically one of your best defenses against a hijacked SIM is to use software encryption," Jon Callas, CTO of encrypted chat biz Silent Circle told The Register. "In our case there's a TCP/IP cloud between Alice and Bob and that can deal with compromised routers along the path as well as SIM issues, and the same applies to similar mobile software."
  • On Wednesday the UK government admitted that its intelligence agencies had in fact broken the ECHR when spying on communications between lawyers and those suing the British state, so GCHQ might want to reconsider that statement.
Paul Merrell

Letter Calls Plea Deal for David Petraeus a 'Profound Double Standard' - NYTimes.com - 0 views

www.nytimes.com/...-profound-double-standard.html

Dark-State leaks litigation plea-bargain double standards

shared by Paul Merrell on 17 Mar 15 - No Cached
  • The plea deal given to retired Gen. David H. Petraeus, which spares him prison time even though he gave military secrets to his mistress, reveals a “profound double standard” in the way the Obama administration treats people who leak classified information, a lawyer for an imprisoned government contractor wrote in a letter to prosecutors.
  • Paul Merrell on 17 Mar 15
     
    Interesting article that explores double standards in plea bargains for low and high ranking U.S. officials who leak classified information. In the Petraeus case, I recall a statement by Diane Feinstein, who praised Petreus for excellent service to the government in the same interview, to the effect that Petraeus deserved leniency because his fall from such a high position in the government was sufficient punishment.  That's a recurring canard when a high official gets a slap on the wrist rather than prison time: [i] "falling into prison" is a much higher fall than a fall from power; [ii] a high official with greater power should be held to a higher standard of public trust than lower level officials, not a lower standard; and [iii] certainty of not doing prison time because of one's power encourages misconduct rather than deterring it. But double standards for the very  rich and the very powerful are far from a recent development and hardly unique to the U.S.  
Paul Merrell

World Bank Rules in Venezuela's Favor, Rejects "Exorbitant Compensation" in Tidewater Nationalization Case | venezuelanalysis.com - 0 views

venezuelanalysis.com/11280

disputes arbitration international law Tidewater Venezuela nationalization oil-industry

shared by Paul Merrell on 20 Mar 15 - No Cached
  • The International Center for Settlement of Investment Disputes (ICSID) of the World Bank ruled in favor of Venezuela on Monday, rejecting the "exorbitant compensation" demanded by Tidewater. The U.S.-based energy shipping firm was awarded US$46 million in compensation for eleven vessels expropriated by the Bolivarian government of late President Hugo Chavez in 2009.   According to the Venezuelan Ministry of Petroleum, the ICSID decision confirms that the government's nationalization of Tidewater's assets in Venezuela was "totally legal in all aspects".   "The much higher amounts claimed were rejected because the tribunal found that the nationalization was lawful," stated lawyer George Kahale, who represented Venezuela in the case.
  • In 2007, the Chavez government issued a law-decree nationalizing all remaining oil production sites under foreign control and mandating that all all oil extraction in Venezuela be undertaken in the context of joint ventures, in which the state oil company PDVSA retains the majority stake. This move subsequently triggered a wave of lawsuits by foreign transnationals in international arbitration bodies demanding compensation for nationalized assets. Last year, ICSID ordered Venezuela to pay Exxon Mobil US$1.6 billion, which represented only 13% of the amount demanded by the transnational firm and was consequently claimed as a victory for the Bolivarian Republic. For Kahale, the Tidewater case marks an important landmark, setting a precedent for future cases.
  • "Venezuela's positions on the central issues of the legality of the nationalization, the appropriate valuation date for determining compensation, and the appropriate discount rate for calculating compensation were all accepted by the tribunal in what is likely to be an important precedent for other cases." The Bolivarian government has yet to declare if it will seek revisions or annulment of the US$46 million award, but Kahale added that the decision was being "carefully reviewed". Venezuela announced its decision to leave the ICSID in 2012, citing institutional bias in favor of transnational corporations on the part of the Washington-based body. Venezuela's departure from the international arbitrations organization does not, however, affect the status of the 27 pending cases against the Bolivarian nation.
  • Paul Merrell on 20 Mar 15
     
    Sounds like a big precedential win for Venezuela with 27 related cases yet to go resulting from  Venezuela's 2007 nationalization of all remaining oil production sites under foreign control.  
Paul Merrell

Assange files case to dismiss Swedish warrant - Justice for Assange - 0 views

justice4assange.com/ling-to-remove-warrant-24.html

surveillance state war & peace Assange litigation Sweden

shared by Paul Merrell on 29 Jun 14 - No Cached
  • On Tuesday 24th of June at 1pm CET, Julian Assange’s lawyers filed a request to Stockholm District Court to dismiss his detention without charge, which has kept him in different forms of deprivation of liberty since 7 December 2010 (3.5 years). The legal actions will lead to the first custody hearing since his arrest. The Julian Assange case is Sweden’s longest running pre-trial, pre-charge deprivation of liberty (the matter is formally at the ’preliminary investigation’ stage). Julian Assange is in a legal no-man’s-land: he has not been indicted so he cannot formally defend himself. The Swedish government refuses to guarantee he will not be extradited to the United States. The Swedish prosecutor, unlike in other cases, refuses to question him in London or via video link, instead demanding that Mr. Assange give up his right to political asylum and speak to her in Sweden. The UK has encricled Mr. Assange at a cost to date of over GBP 6.6 million/USD 11 million/SEK 75.000.000 (see: http://govwaste.co.uk). Assange obtained political asylum in relation to the United States criminal investigation against WikiLeaks in 2012. The United Kingdom and Sweden have both refused to give a guarantee that Julian Assange will not be extradited to the United States for his WikiLeaks activities. Earlier this week, 59 international organizations submitted complaints about the investigation against Julian Assange to the United Nations Human Rights Commission.
Paul Merrell

"Campaign Finance Reform" - That'll Shut 'Em Up | Move to Amend - 0 views

movetoamend.org/-finance-reform-thatll-shut-em

U.S. Constitution amendments legislation Move-to-Amend

shared by Paul Merrell on 14 Jul 14 - No Cached
  • Remember in 2009, when the way our elections were financed was perfect, corporate power was reined in by Congress, and everything was A-OK and hunky-dory? Me neither. Liberals have been rejoicing over the introduction and recent committee passage of SJR-19, a proposed constitutional amendment to reverse the Supreme Court’s Citizens United vs. FEC and McCutcheon vs. FEC decisions. In essence, the amendment says states have the power to regulate campaign spending, and Congress has the power to regulate outside spending in elections. Sounds good, right? Wrong. Senator Mark Udall’s (D-NM) proposed constitutional amendment is an election-year bone thrown at the masses, who are in a populist rage over the corruption of our government by corporate power and big moneyed interests. In introducing this amendment and passing it in committee, DC politicians are saying that they hear us, understand we’re upset, and are hoping that we’ll be satisfied with a half-measure that any corporate lawyer worth his salt can find his way around.
  • Udall and the 40-plus Democrats who have co-sponsored the legislation are aiming to placate us with an amendment that takes us back to 2009. Even before Citizens United emerged and significantly changed the financing of campaigns, McCain-Feingold, the last significant campaign finance reform bill, which was already riddled with loopholes, had been mostly gutted by the Bush administration’s chief justice of the Supreme Court in 2007. Celebrating SJR-19 as the be-all, end-all constitutional amendment that will make our government accountable to the people again is laughable. It’s akin to the captain of the Titanic applying chewed-up bubble gum on the hole in the ship and calling it good. So how do we fix the gushing head-wound that is our democracy? Udall has it half-right with a constitutional amendment, but his doesn’t go nearly far enough. Instead, we need a constitutional amendment that explicitly defines human beings as people, and corporations as artificial entities not deserving of constitutional rights. And it needs to state that money is not political speech. Any amendment that doesn’t make these two points is a waste of an amendment. You only get one shot with a constitutional amendment, so if you’re going to do it, go all the way or don’t do it at all.
  • A constitutional amendment abolishing constitutional rights for corporations would overturn not only Citizens United vs. FEC, but also Buckley vs. Valeo and Union Pacific Railroad vs. Santa Clara County, which originally established the concept of corporate personhood. It would also, by default, abolish all subsequent Supreme Court cases based on the constitutional rights of corporations, likeBurwell vs. Hobby Lobby, for instance. And abolishing the concept of money as political speech would strip outside interests of the ability to spend unlimited amounts of money on despicable TV ads that perpetuate falsehoods about candidates. Not only would we have clean elections, but we would finally be able to say that fictitious entities like corporations no longer have the right to walk all over people in the name of profit. Luckily, there’s already wide grassroots support for such an amendment. Through Move to Amend’s efforts, 478 local, county, and state government entities have passed resolutions calling for a constitutional amendment to end corporate personhood and money as speech. State legislatures in Delaware, Illinois, and Vermont have all called for such an amendment. Voters in Montana approved a statewide ballot initiative to do the same. The Minnesota and West Virginia Senates both passed resolutions. Resolutions are currently in progress at the Minnesota and Arizona House, the California Senate, and in both the House and Senate in Texas. The people aren’t waiting on Cong! ress to do what needs to be done.
  • ...1 more annotation...
  • Congress should take its lead from the people, who have already made it very clear in both red and blue states that a constitutional amendment is needed, and that campaign finance reform is only scratching the surface. Such an amendment has already been introduced in Congress by Representative Rick Nolan (DFL-Minn.) in February of 2013. Udall and his co-sponsors should take their cues from HJR-29, or the “We the People Amendment,” if they’re serious about representing the people’s interests. Anything else is an election-year bone not to be taken seriously.
Paul Merrell

Mohamed Mohamud terrorism conviction upheld as judge rules data collection legal | OregonLive.com - 0 views

www.oregonlive.com/...ed_mohamud_terrorism_conv.html

surveillance state NSA litigation Mohamud

shared by Paul Merrell on 29 Jun 14 - No Cached
  • A federal judge has affirmed the legality of the U.S. government's bulk phone and email data collection of foreign nationals living outside the country in denying an Mohamed Mohamud's motion to dismiss his terrorism conviction. It was the first legal challenge to the government's bulk data-collection program of non-U.S. citizens living overseas after revelations about massive, warrantless surveillance were made public by former National Security Agency employee Edward Snowden. The program also sweeps up information about U.S. citizens who have contact with overseas suspects, but such surveillance has been considered incidental. Lawyers for Mohamud tried to show the program violated his constitutional rights and was more broadly unconstitutional. U.S. District Court Judge Garr King on Tuesday denied that effort. The ruling also upheld Mohamud's conviction on terrorism charges. In his decision, King rejected the argument from Mohamud's attorneys that prosecutors failed to notify Mohamud of information derived under the U.S. Foreign Intelligence Surveillance Act until he was already convicted.
  • King held that Mohamud's most persuasive argument was that, even if the original surveillance were lawful, the subsequent use of that information on a U.S. citizen required a warrant. Previous federal appeals court rulings have said that the government needs a warrant to test pills seized in an unrelated search or to search a computer for more information that the warrant sought. Those rulings, the defense argued, meant King should apply the same standard to the evidence seized. But King disagreed. "I do not find any significant additional intrusion," King wrote. "Thus, subsequent querying of (collected data), even if U.S. person identifiers are used, is not a separate search and does not make (such surveillance) unreasonable under the Fourth Amendment."
  • Paul Merrell on 29 Jun 14
     
    A disappointing decision by an Oregon federal judge in a criminal case involving NSA surveillance, one of the FBI's invented terrorists. This decision has appeal written all over it. 
Paul Merrell

Navy nurse rejects force-feed of Gitmo prisoners - Yahoo News - 0 views

news.yahoo.com/gitmo-prisoners-004533301.html

war & peace Gitmo-detainees Navy-nurse conscientious-objector

shared by Paul Merrell on 17 Jul 14 - No Cached
  • SAN JUAN, Puerto Rico (AP) — A rights lawyer and a U.S. official say a Navy nurse has refused to participate in force-feeding of prisoners who are on an extended hunger strike at Guantanamo Bay.An attorney for the British legal rights group Reprieve said Tuesday in a phone interview from London that the nurse decided against being a participant after deciding the practice was criminal.Attorney Cori Crider says she learned about the case from a 42-year-old Syrian prisoner she represents who is on a hunger strike.Southern Command spokesman Army Col. Greg Julian confirms the report. He says it is the first time a Navy nurse has refused to tube-feed a hunger-striking prisoner. He says the nurse is a lieutenant and has been assigned to other duties at Guantanamo.
  • Paul Merrell on 17 Jul 14
     
    That's probably the end of a military career but I salute the courage of this wo/man.
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