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Paul Merrell

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

www.theguardian.com/...st-process-is-unconstitutional

war & peace surveillance state no-fly-list litigation ACLU

shared by Paul Merrell on 29 Jun 14 - No Cached
  • 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.
Paul Merrell

White House: racial slurs in NSA intelligence material 'unacceptable' | World news | The Guardian - 0 views

www.theguardian.com/...racial-slurs-training-material

surveillance state NSA NSA-targets Muslims NSA-blowback

shared by Paul Merrell on 10 Jul 14 - No Cached
  • The White House has instructed US security agencies to review their training and policy materials for racial or religious bias after documents leaked by Edward Snowden showed training material for the intelligence agencies referring to "Mohammed Raghead".After an extensive investigation by the Intercept on Wednesday reported that the NSA and the FBI spied on the emails of five prominent US activists and attorneys with Muslim backgrounds, White House spokeswoman Caitlin Hayden said that the administration took accusations of the slurs "extremely seriously." "Upon learning of this matter, the White House immediately requested that the director of national intelligence undertake an assessment of intelligence community policies, training standards or directives that promote diversity and tolerance, and as necessary, make any recommendations changes or additional reforms," Hayden said.It is at least the second time the White House has ordered a review of agency training materials said to include offensive language.
  • Hayden declined to provide additional detail on the scope or duration of the investigation. But it is reminiscent of an earlier incident in which the White House ordered the government's vast counter-terrorism apparatus to find and purge inflammatory training material, particularly that which singled out Muslims for particular scrutiny. In 2011, this reporter published FBI training material instructing newer counter-terrorism agents that Islam itself was a threat to US national security and compared the prophet Muhammad to a cult leader. Initial FBI pushback gave way to an inquiry, at the instruction of the White House, that removed significant quantities of offensive or imprecise training material. That instruction came six years after the "Mohammed Raghead" material and stretched far beyond the FBI. Anti-Islam training material, including some urging "Hiroshima" tactics against Islamic nations, was found and removed from professional education courses for US military officers, at the behest of Army General Martin Dempsey, the chairman of the joint chiefs of staff.
  • The Obama administration has strained to reconcile the vast counter-terrorism bureaucracy with its policy declarations that the US is not at war with Islam and has attempted, with mixed results, to cultivate a less militarized and security-focused relationship with US Muslims, often preferring the term "countering violent extremism" over "counter-terrorism".In some anti-Islam circles, the removal of the instructional material is infamous and considered evidence of an administration capitulation to Islam – the exact opposite of the concern raised by the Intercept on Wednesday. The Intercept report, by former Guardian columnist Glenn Greenwald, Murtaza Hussain and Josh Meyer, suggested a persistent counter-terrorism atmosphere in which the mixture of Muslim heritage or faith and political activism attracted the scrutiny of US security agencies, despite first amendment protections. It presented the cases of five American activists and attorneys of Muslim heritage who appear to have been targeted for surveillance, at least between 2002 and 2008. None have been charged with a crime.
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  • The accusation is one of the gravest the US intelligence agencies have faced in the year since the Guardian and other news outlets began publishing material leaked by Snowden. A central aspect of the intelligence agency's public defense is that it cannot surveil US persons for constitutionally-protected activity and that its court-certified privacy protections are too robust to allow for privacy intrusions of the sort the Intercept reported.The allegation threatens to sever the tenuous relationship between US law enforcement and surveillance agencies and American Muslim communities, many of whom have long suspected that their government views them as an internal threat and not a population to be protected.The NSA, the Justice Department and the Office of the Director of National Intelligence sharply pushed back against the accusations that protected speech, unrelated to terrorism or espionage, turned American Muslims into counterterrorism targets.
  • US Muslim leaders and civil rights groups reacted with fury to the Intercept report.A coalition of 44 civil rights organizations wrote Obama on Wednesday to request a meeting with him, attorney general Eric Holder and FBI director James Comey. "In short, the government’s domestic counterterrorism policies treat entire minority communities as suspect, and American Muslims have borne the brunt of government suspicion, stigma and abuse," reads an open letter issued by a coalition that includes the ACLU, the Presbyterian Church (USA), the Arab-American Institute, and dozens of others.In a statement, the law firm Muslim Advocates said the spying, apparently conducted between 2002 and 2008, "confirms the worst fears of American Muslims"."The federal government has targeted Americans, even those who have served their country in the military and government, simply because of their faith or religious heritage," the group said. "The report clearly documents how biased training by the FBI leads to biased surveillance."
  • Vincent Warren, executive director of the Center for Constitutional Rights, issued a statement comparing the surveillance of Nihad Awad of the Council on American-Islamic Relations, named by the Intercept as one of the five surveillance targets, to the infamous surveillance of the Civil Rights Movement."The NSA’s surveillance of Nihad Awad and CAIR fits the same pattern as the FBI surveillance of Martin Luther King Jr, Ella Baker, Jesse Jackson, Malcolm X, and other leaders of the civil rights movement. Then it was based on manufactured suspicions of associations with the Communist party. Now it is seemingly based on unproven claims of tangential associations with Hamas," Warren said.
  • Paul Merrell on 10 Jul 14
     
    Don't look for the American Muslim community to let go of this one anytime soon. They know they've been profiled since 9-11 but finally have proof.
Paul Merrell

Pakistan TV Exposes bin Laden Killing Hoax and Documentary Exposes 9/11 Official Story - PaulCraigRoberts.org - 0 views

www.paulcraigroberts.org/...simo-mazzuccos-911-documentary

war & peace 9-11 documentary video

shared by Paul Merrell on 10 Jul 14 - No Cached
  • Review of “September 11 – The New Pearl Harbor.”  A documentary by Massimo Mazzucco. David Ray Griffin There have been several good films and videos about 9/11. But the new film by award-winning film-maker Massimo Mazzucco is in a class by itself. For those of us who have been working on 9/11 for a long time, this is the film we have been waiting for. Whereas there are excellent films treating the falsity of particular parts of the official account, such as the Twin Towers or WTC 7, Mazzucco has given us a comprehensive documentary treatment of 9/11, dealing with virtually all of the issues. There have, of course, been films that treated the fictional official story as true. And there are films that use fictional stories to portray people’s struggles after starting to suspect the official story to be false. But there is no fiction in Mazzucco’s film – except in the sense that it clearly and relentlessly exposes every part of the official account as fictional.
  • Because of his intent at completeness, Mazzucco has given us a 5-hour film. It is so fascinating and fast-paced that many will want to watch it in one sitting. But this is not necessary, as the film, which fills 3 DVDs, consists of 7 parts, each of which is divided into many short chapters. These 7 parts treat Air Defence, The Hijackers, The Airplanes, The Pentagon, Flight 93, The Twin Towers, and Building 7. In each part, after presenting facts that contradict the official story, Mazzucco deals with the claims of the debunkers (meaning those who try to debunk the evidence provided by the 9/11 research community). The Introduction, reflecting the film’s title, deals with 12 uncanny parallels between Pearl Harbor and September 11. The film can educate people who know nothing about 9/11 (beyond the official story), those with a moderate amount of knowledge about the various problems with the official story, and even by experts. (I myself learned many things.) Mazzucco points out that his film covers 12 years of public debate about 9/11. People who have been promoting 9/11 truth for many of these years will see that their labors have been well-rewarded: There is now a high-quality, carefully-documented film that dramatically shows the official story about 9/11 to be a fabrication through and through. This is truly the film we have been waiting for.
  • Availability: The film is freely available to the world at: 1. The film-maker’s own website, complete with detailed index: http://www.luogocomune.net/site/modules/sections/index.php?op=viewarticle&artid=167 2. On YouTube: http://www.youtube.com/watch?v=O1GCeuSr3Mk
  • Paul Merrell on 10 Jul 14
     
    High praise from David Ray Griffin. I watched the whole thing. Incredibly well-done debunking of those who attempt to defend the "official" version of what happened on 9-11.
Paul Merrell

WASHINGTON: CIA admits it broke into Senate computers; senators call for spy chief's ouster | National Security & Defense | McClatchy DC - 0 views

www.mcclatchydc.com/...-staffers-accessed-senate.html

surveillance state CIA torture Senate-Intelligence_Committee-Report Brennan

shared by Paul Merrell on 01 Aug 14 - No Cached
  • An internal CIA investigation confirmed allegations that agency personnel improperly intruded into a protected database used by Senate Intelligence Committee staff to compile a scathing report on the agency’s detention and interrogation program, prompting bipartisan outrage and at least two calls for spy chief John Brennan to resign.“This is very, very serious, and I will tell you, as a member of the committee, someone who has great respect for the CIA, I am extremely disappointed in the actions of the agents of the CIA who carried out this breach of the committee’s computers,” said Sen. Saxby Chambliss, R-Ga., the committee’s vice chairman.
  • The rare display of bipartisan fury followed a three-hour private briefing by Inspector General David Buckley. His investigation revealed that five CIA employees, two lawyers and three information technology specialists improperly accessed or “caused access” to a database that only committee staff were permitted to use.Buckley’s inquiry also determined that a CIA crimes report to the Justice Department alleging that the panel staff removed classified documents from a top-secret facility without authorization was based on “inaccurate information,” according to a summary of the findings prepared for the Senate and House intelligence committees and released by the CIA.In other conclusions, Buckley found that CIA security officers conducted keyword searches of the emails of staffers of the committee’s Democratic majority _ and reviewed some of them _ and that the three CIA information technology specialists showed “a lack of candor” in interviews with Buckley’s office.
  • The inspector general’s summary did not say who may have ordered the intrusion or when senior CIA officials learned of it.Following the briefing, some senators struggled to maintain their composure over what they saw as a violation of the constitutional separation of powers between an executive branch agency and its congressional overseers.“We’re the only people watching these organizations, and if we can’t rely on the information that we’re given as being accurate, then it makes a mockery of the entire oversight function,” said Sen. Angus King, an independent from Maine who caucuses with the Democrats.The findings confirmed charges by the committee chairwoman, Sen. Dianne Feinstein, D-Calif., that the CIA intruded into the database that by agreement was to be used by her staffers compiling the report on the harsh interrogation methods used by the agency on suspected terrorists held in secret overseas prisons under the George W. Bush administration.The findings also contradicted Brennan’s denials of Feinstein’s allegations, prompting two panel members, Sens. Mark Udall, D-Colo., and Martin Heinrich, D-N.M., to demand that the spy chief resign.
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  • Another committee member, Sen. Ron Wyden, D-Ore., and some civil rights groups called for a fuller investigation. The demands clashed with a desire by President Barack Obama, other lawmakers and the CIA to move beyond the controversy over the “enhanced interrogation program” after Feinstein releases her committee’s report, which could come as soon as next weekMany members demanded that Brennan explain his earlier denial that the CIA had accessed the Senate committee database.“Director Brennan should make a very public explanation and correction of what he said,” said Sen. Carl Levin, D-Mich. He all but accused the Justice Department of a coverup by deciding not to pursue a criminal investigation into the CIA’s intrusion.
  • “I thought there might have been information that was produced after the department reached their conclusion,” he said. “What I understand, they have all of the information which the IG has.”He hinted that the scandal goes further than the individuals cited in Buckley’s report.“I think it’s very clear that CIA people knew exactly what they were doing and either knew or should’ve known,” said Levin, adding that he thought that Buckley’s findings should be referred to the Justice Department.A person with knowledge of the issue insisted that the CIA personnel who improperly accessed the database “acted in good faith,” believing that they were empowered to do so because they believed there had been a security violation.“There was no malicious intent. They acted in good faith believing they had the legal standing to do so,” said the knowledgeable person, who asked not to be further identified because they weren’t authorized to discuss the issue publicly. “But it did not conform with the legal agreement reached with the Senate committee.”
  • Feinstein called Brennan’s apology and his decision to submit Buckley’s findings to the accountability board “positive first steps.”“This IG report corrects the record and it is my understanding that a declassified report will be made available to the public shortly,” she said in a statement.“The investigation confirmed what I said on the Senate floor in March _ CIA personnel inappropriately searched Senate Intelligence Committee computers in violation of an agreement we had reached, and I believe in violation of the constitutional separation of powers,” she said.It was not clear why Feinstein didn’t repeat her charges from March that the agency also may have broken the law and had sought to “thwart” her investigation into the CIA’s use of waterboarding, which simulates drowning, sleep deprivation and other harsh interrogation methods _ tactics denounced by many experts as torture.
  • Buckley’s findings clashed with denials by Brennan that he issued only hours after Feinstein’s blistering Senate speech.“As far as the allegations of, you know, CIA hacking into, you know, Senate computers, nothing could be further from the truth. I mean, we wouldn’t do that. I mean, that’s _ that’s just beyond the _ you know, the scope of reason in terms of what we would do,” he said in an appearance at the Council on Foreign Relations.White House Press Secretary Josh Earnest issued a strong defense of Brennan, crediting him with playing an “instrumental role” in the administration’s fight against terrorism, in launching Buckley’s investigation and in looking for ways to prevent such occurrences in the future.Earnest was asked at a news briefing whether there was a credibility issue for Brennan, given his forceful denial in March.“Not at all,” he replied, adding that Brennan had suggested the inspector general’s investigation in the first place. And, he added, Brennan had taken the further step of appointing the accountability board to review the situation and the conduct of those accused of acting improperly to “ensure that they are properly held accountable for that conduct.”
  • The allegations and the separate CIA charge that the committee staff removed classified documents from the secret CIA facility in Northern Virginia without authorization were referred to the Justice Department for investigation.The department earlier this month announced that it had found insufficient evidence on which to proceed with criminal probes into either matter “at this time.” Thursday, Justice Department officials declined comment.
  • In her speech, Feinstein asserted that her staff found the material _ known as the Panetta review, after former CIA Director Leon Panetta, who ordered it _ in the protected database and that the CIA discovered the staff had it by monitoring its computers in violation of the user agreement.The inspector general’s summary, which was prepared for the Senate and the House intelligence committees, didn’t identify the CIA personnel who had accessed the Senate’s protected database.Furthermore, it said, the CIA crimes report to the Justice Department alleging that panel staffers had removed classified materials without permission was grounded on inaccurate information. The report is believed to have been sent by the CIA’s then acting general counsel, Robert Eatinger, who was a legal adviser to the interrogation program.“The factual basis for the referral was not supported, as the author of the referral had been provided inaccurate information on which the letter was based,” said the summary, noting that the Justice Department decided not to pursue the issue.
  • Christopher Anders, senior legislative counsel with the American Civil Liberties Union, criticized the CIA announcement, saying that “an apology isn’t enough.”“The Justice Department must refer the (CIA) inspector general’s report to a federal prosecutor for a full investigation into any crimes by CIA personnel or contractors,” said Anders.
  • Paul Merrell on 01 Aug 14
     
    And no one but the lowest ranking staffer knew anything about it, not even the CIA lawyer who made the criminal referral to the Justice Dept., alleging that the Senate Intelligence Committee had accessed classified documents it wasn't authorized to access. So the Justice Dept. announces that there's insufficient evidence to warrant a criminal investigation. As though the CIA lawyer's allegations were not based on the unlawful surveillance of the Senate Intelligence Committee's network.  Can't we just get an official announcement that Attorney General Holder has decided that there shall be a cover-up? 
Paul Merrell

Revelations of German Pilot: Shocking Analysis of the "Shooting Down" of Malaysian MH17. "Aircraft Was Not Hit by a Missile" | Global Research - 1 views

www.globalresearch.ca/...5394111

war & peace Ukraine MH17 whodunnit

shared by Paul Merrell on 31 Jul 14 - No Cached
  • First, I was amazed at how few photos can be found from the wreckage with Google. All are in low resolution, except one: The fragment of the cockpit below the window on the pilots side. This image, however, is shocking. In Washington, you can now hear views expressed of a “potentially tragic error / accident” regarding MH 017. Given this particular cockpit image it does not surprise me at all. Entry and exit impact holes of projectiles in the cockpit area
  • I recommend to click on the little picture to the left. You can download this photo as a PDF in good resolution. This is necessary, because that will allow you understand what I am describing here. The facts speak clear and loud and are beyond the realm of speculation: The cockpit shows traces of shelling! You can see the entry and exit holes. The edge of a portion of the holes is bent inwards. These are the smaller holes, round and clean, showing the entry points most likely that of a 30 millimeter caliber projectile. The edge of the other, the larger and slightly frayed exit holes showing shreds of metal pointing produced by the same caliber projectiles. Moreover, it is evident that at these exit holes of the outer layer of the double aluminum reinforced structure are shredded or bent – outwardly! Furthermore, minor cuts can be seen, all bent outward, which indicate that shrapnel had forcefully exited through the outer skin from the inside of the cockpit. The open rivets are are also bent outward.
  • In sifting through the available images one thing stands out: All wreckage of the sections behind the cockpit are largely intact, except for the fact that only fragments of the aircraft remained . Only the cockpit part shows these peculiar marks of destruction. This leaves the examiner with an important clue. This aircraft was not hit by a missile in the central portion. The destruction is limited to the cockpit area. Now you have to factor in that this part is constructed of specially reinforced material. This is on account of the nose of any aircraft having to withstand the impact of a large bird at high speeds. You can see in the photo, that in this area significantly stronger aluminum alloys were being installed than in the remainder of the outer skin of the fuselage. One remembers the crash of Pan Am over Lockerbie. It was a large segment of the cockpit that due to the special architecture survived the crash in one piece. In the case of flight MH 017 it becomes abundantly clear that there also an explosion took place inside the aircraft.
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  • So what could have happened? Russia recently published radar recordings, that confirm at least one Ukrainian SU 25 in close proximity to MH 017. This corresponds with the statement of the now missing Spanish controller ‘Carlos’ that has seen two Ukrainian fighter aircraft in the immediate vicinity of MH 017. If we now consider the armament of a typical SU 25 we learn this: It is equipped with a double-barreled 30-mm gun, type GSh-302 / AO-17A, equipped with: a 250 round magazine of anti-tank incendiary shells and splinter-explosive shells (dum-dum), arranged in alternating order. The cockpit of the MH 017 has evidently been fired at from both sides: the entry and exit holes are found on the same fragment of it’s cockpit segment! Now just consider what happens when a series of anti-tank incendiary shells and splinter-explosive shells hit the cockpit. These are after all designed to destroy a modern tank. The anti-tank incendiary shells partially traversed the cockpit and exited on the other side in a slightly deformed shape. (Aviation forensic experts could possibly find them on the ground presumably controlled by the Kiev Ukrainian military; the translator). After all, their impact is designed to penetrate the solid armor of a tank. Also, the splinter-explosive shells will, due to their numerous impacts too cause massive explosions inside the cockpit, since they are designed to do this. Given the rapid firing sequence of the GSh-302 cannon, it will cause a rapid succession of explosions within the cockpit area in a very short time. Remeber each of these is sufficient to destroy a tank.
Gary Edwards

Great Privacy Essay: Fourth Amendment Doctrine in the Era of Total Surveillance | CIO - 0 views

www.cio.com/...era-of-total-surveillance.html

privacy the-Fourth-Amendment

shared by Gary Edwards on 04 Aug 14 - No Cached
  • Gary Edwards on 04 Aug 14
     
    "'Failing Expectations: Fourth Amendment Doctrine in the Era of Total Surveillance' is a thought-provoking essay written by a Fordham University law professor about how the reasonable expectation test for privacy is failing to protect us. Add into our networked world the third-party doctrine and we have little protection against unreasonable searches and seizures."
  • Paul Merrell on 05 Aug 14
     
    It doesn't detract substantially from the essay's central thesis, but an important part of the learned professor's heartfelt desires were delivered in a Supreme Court decision just decided, after the essay was published, Reilly v. California, http://www.supremecourt.gov/opinions/13pdf/13-132_8l9c.pdf The Court held in relevant part: "We also reject the United States' final suggestion that officers should always be able to search a phone's call log, as they did in Wurie's case. The Government relies on Smithv. Maryland, 442 U. S. 735 (1979), which held that no warrant was required to use a pen register at telephone company premises to identify numbers dialed by a particular caller. The Court in that case, however, concluded that the use of a pen register was not a "search" at all under the Fourth Amendment. See id., at 745-746. There is no dispute here that the officers engaged in a search of Wurie's cell phone. Moreover, call logs typically contain more than just phone numbers; they include any identifying information that an individual might add, such as the label "my house" in Wurie's case." The effect there was to confine Smith v. Maryland, the foundation of the third-party doctrine, to its particular facts. In other words, the third-party doctrine is now confined to connected telephone numbers, the connect time, and the duration of the call. If any other metadata is gathered, such as location data, the third-party doctrine no longer applies. When you read the rest of the Reilly decision, you see a unanimous Supreme Court shooting down one government defense after another that have been used in the NSA's defense to mass telecommunications surveillance. But most interestingly, the Court unmistakably has laid the groundwork for a later decision drastically cutting back on digital surveillance without a search warrant based on particularized probable cause to believe that evidence of a specific crime has occurred and that the requested sear
Paul Merrell

Britain faces exposure over links to CIA secret torture sites | World news | The Observer - 0 views

www.theguardian.com/...r-links-to-cia-torture-flights

war & peace CIA torture rendition UK Poland Diego-Garcia

shared by Paul Merrell on 05 Aug 14 - No Cached
  • US Senate report may confirm that Diego Garcia was used for extraordinary rendition after 9/11
  • The government stands accused of seeking to conceal Britain's role in extraordinary rendition, ahead of the release of a declassified intelligence report that exposes the use of torture at US secret prisons around the world.
  • Now, in a letter to the human rights group Reprieve, former foreign secretary William Hague has confirmed that the UK government has held discussions with the US about what it intends to reveal in the report which, according to al-Jazeera, acknowledges that the British territory of Diego Garcia was used for extraordinary rendition."We have made representations to seek assurances that ordinary procedures for clearance of UK material will be followed in the event that UK material provide[d] to the Senate committee were to be disclosed," Hague wrote.Cori Crider, a director at Reprieve, accused the UK government of seeking to redact embarrassing information: "This shows that the UK government is attempting to censor the US Senate's torture report. In plain English, it is a request to the US to keep Britain's role in rendition out of the public domain."
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  • Lawyers representing a number of terrorist suspects held at Guantánamo Bay believe their clients were rendered via Diego Garcia. Papers found in Libya indicated that the US planned to transport Abdul-Hakim Belhaj, an opponent of Muammar Gaddafi, and his wife via the territory, an atoll in the Indian Ocean leased by Britain to the US. The government has denied Belhaj was rendered via Diego Garcia, but there are suspicions that others were held on the atoll.Crider said the UK's attempts to lobby the US into redacting parts of the report "turns the government's defence in the Libyan renditions case of Abdul-Hakim Belhaj and his wife entirely on its head".The government has consistently sought to block Belhaj from bringing a case against it.
  • "The government protested America would be angered if this kidnap case ever went to trial – and now we learn the British government is leaning on the Americans not to air Britain's dirty laundry. It exposes their litigation stance as mere posturing," she added.Confirmation that a British territory was involved in extraordinary rendition could leave the government vulnerable to legal action. Last month the European court of human rights ruled that the Polish government actively assisted the CIA's European "black site" programme, which saw detainees interrogated in secret prisons across the continent.The court concluded it was "established beyond reasonable doubt" that Abu Zubaydah, a Guantánamo detainee the US mistakenly believed to be a senior member of al-Qaida, was flown from a secret site in Thailand to another CIA prison in Stare Kiejkuty in northern Poland.The judges concluded that not only was Poland "informed of and involved in the preparation and execution of the [High Value Detainee] Programme on its territory", but also "for all practical purposes, facilitated the whole process, created the conditions for it to happen and made no attempt to prevent it", prompting lawyers to ask what else it has been used for since.
Paul Merrell

"Support MH17 Truth": OSCE Monitors Identify "Shrapnel and Machine Gun-Like Holes" indicating Shelling. No Evidence of a Missile Attack. Shot Down by a Military Aircraft? | Global Research - 0 views

www.globalresearch.ca/...5394324

war & peace Ukraine MH17 whodunnit Su-25-attack

shared by Paul Merrell on 02 Aug 14 - No Cached
  • The facts speak clear and loud and are beyond the realm of speculation: The cockpit shows traces of shelling! You can see the entry and exit holes. The edge of a portion of the holes is bent inwards. These are the smaller holes, round and clean, showing the entry points most likely that of a 30 millimeter caliber projectile. (Revelations of German Pilot: Shocking Analysis of the “Shooting Down” of Malaysian MH17. “Aircraft Was Not Hit by a Missile” Global Research, July 30, 2014)
  • Based on detailed analysis Peter Haisenko reached  the conclusion that the MH17 was not downed by a missile attack: This aircraft was not hit by a missile in the central portion. The destruction is limited to the cockpit area. Now you have to factor in that this part is constructed of specially reinforced material The OSCE Mission It is worth noting that the initial statements by OSCE observers (July 31) broadly confirm the findings of Peter Haisenko: Monitors from the Organization for Security and Cooperation in Europe reported that shrapnel-like holes were found in two separate pieces of the fuselage of the ill-fated Malaysia Airlines aircraft that was believed to have been downed by a missile in eastern Ukraine. Michael Bociurkiw of the OSCE group of monitors at his daily briefing described part of the plane’s fuselage dotted with “shrapnel-like, almost machine gun-like holes.” He said the damage was inspected by Malaysian aviation-security officials .(Wall Street Journal, July 31, 2014)
  • The monitoring OSCE team has not found evidence of a missile fired from the ground as conveyed by official White House statements. As we recall, the US ambassador to the UN Samantha Power stated –pointing a finger at Russia– that the Malaysian MH17 plane was “likely downed by a surface-to-air missile operated from a separatist-held location”: The team of international investigators with the Organisation for Security and Cooperation in Europe (OSCE) are uncertain if the missile used was fired from the ground as US military experts have previously suggested, the Wall Street Journal (WSJ) reported. (Malay Mail online, emphasis added) The initial OSCE findings tend to dispel the claim that a BUK missile system brought down the plane. Evidently, inasmuch as the perforations are attributable to shelling, a shelling operation conducted from the ground could not have brought down an aircraft traveling above 30,000 feet.
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  • Peter Haisenko’s study is corroborated by the Russian Ministry of Defense which pointed to a Ukrainian Su-25 jet in the flight corridor of the MH17, within proximity of the plane. Ironically, the presence of a military aircraft is also confirmed by a BBC  report conducted at the crash site on July 23. All the eyewitnesses  interviewed by the BBC confirmed the presence of a Ukrainian military aircraft flying within proximity of Malaysian Airlines MH17 at the time that it was shot down: 
  • Eyewitness #1: There were two explosions in the air. And this is how it broke apart. And [the fragments] blew apart like this, to the sides. And when … Eyewitness #2: … And there was another aircraft, a military one, beside it. Everybody saw it. Eyewitness #1: Yes, yes. It was flying under it, because it could be seen. It was proceeding underneath, below the civilian one. Eyewitness #3: There were sounds of an explosion. But they were in the sky. They came from the sky. Then this plane made a sharp turn-around like this. It changed its trajectory and headed in that direction [indicating the direction with her hands]. BBC Report below
  • The original BBC Video Report published by BBC Russian Service on July 23, 2014 has since been removed from the BBC archive.  In a bitter irony, The BBC is censoring its own news productions. Media Spin The media is now saying that a missile was indeed fired but it was not the missile that brought down the plane, it was the shrapnel from the missile which punctured the plane and then led to a loss of pressure.  According to Ukraine’s National security spokesman Andriy Lysenko in a contradictory statement, the MH17 aircraft “suffered massive explosive decompression after being hit by a shrapnel missile.”  (See IBT, Australia) In an utterly absurd report, the BBC quoting the official Ukraine statement  says that:
  • The downed Malaysia Airlines jet in eastern Ukraine suffered an explosive loss of pressure after it was punctured by shrapnel from a missile. They say the information came from the plane’s flight data recorders, which are being analysed by British experts. However, it remains unclear who fired a missile, with pro-Russia rebels and Ukraine blaming each other. Many of the 298 people killed on board flight MH17 were from the Netherlands. Dutch investigators leading the inquiry into the crash have refused to comment on the Ukrainian claims.
  • The shrapnel marks should be distinguished from the small entry and exit holes “most likely that of a 30 millimeter caliber projectile” fired from a military aircraft. These holes could not have been caused by a missile attack as hinted by the MSM. While the MSN is saying that the “shrapnel like holes” can be caused by a missile (see BBC report above), the OSCE has confirmed the existence of what it describes as “machine gun like holes”, without however acknowledging that these cannot be caused by a missile. In this regard, the GSh-302 firing gun operated by an Su-25 is able to fire 3000 rpm which explains the numerous entry and exit holes. According to the findings of Peter Haisenko: If we now consider the armament of a typical SU 25 we learn this: It is equipped with a double-barreled 30-mm gun, type GSh-302 / AO-17A, equipped with: a 250 round magazine of anti-tank incendiary shells and splinter-explosive shells (dum-dum), arranged in alternating order. The cockpit of the MH 017 has evidently been fired at from both sides: the entry and exit holes are found on the same fragment of it’s cockpit segment (op cit)
  • The accusations directed against Russia including the sanctions regime imposed by Washington are based on a lie. The evidence does not support the official US narrative to the effect that the MH17 was shot down by a BUK missile system operated by the DPR militia.
  • Paul Merrell on 02 Aug 14
     
    Looks like John Kerry may be about to get caught in another major lie. 
Paul Merrell

WASHINGTON: Citing redactions, Feinstein delays release of report on CIA interrogations | National | NewsObserver.com - 0 views

www.newsobserver.com/...s-fuel-to-cia-controversy.html

war & peace torture CIA Senate-Intelligence_Committee-Report declassification

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  • The Obama administration censored significant portions of the findings of an investigation into the CIA’s use of harsh interrogation methods on suspected terrorists, forcing the chairwoman of the Senate Intelligence Committee to delay their release “until further notice.”The postponement late Friday added to serious frictions over the investigation between the administration and lawmakers, who have been pressing for the swiftest, most extensive publication of the findings on one of darkest chapters in the CIA’s 65-year history.Feinstein announced the delay only hours after the White House returned the document to her after it completed its declassification review
  • “A preliminary review of the report indicates that there have been significant redactions. We need additional time to understand the basis for these redactions and determine their justification,” Sen. Dianne Feinstein, D-Calif., said in a statement.Sen. Mark Udall, D-Colo., a member of the committee who’s been fiercely critical of the CIA interrogation program, also decried the blackouts, saying President Barack Obama had pledged to ensure a release of the findings.“I am concerned about the excessive redactions Chairman Feinstein referenced in her statement, especially given the president’s unequivocal commitment to declassifying the Senate Intelligence Committee’s study,” Udall said. “I promised earlier this year to hold the president to his word and I intend to do so.”Udall vowed to work with Feinstein to declassify the findings “to the fullest extent possible, correct the record on the CIA’s brutal and ineffective detention and interrogation program, and ensure the CIA learns from its past mistakes.”
  • Reacting to Feinstein’s announcement, Director of National Intelligence James Clapper said that more than 85 percent of the report had been declassified and half of the redactions were in footnotes. “The redactions were the result of an extensive and unprecedented inter-agency process, headed up by my office, to protect sensitive classified information,” Clapper said in a statement. “We are confident that the declassified document delivered to the committee will provide the public with a full view of the committee’s report on the detention and interrogation program, and we look forward to a constructive dialogue with the committee.”
  • Paul Merrell on 02 Aug 14
     
    The Great CIA Torture Cover-up Continues, now in its 12th year. And even the summary of the Senate report, sanitized by the Senate Intelligence Committee for complete public release, now gets axed by CIA. Our great-great-grandchildren might even get to read the full report, long after everyone involved in these war crimes has died.  
Paul Merrell

Israel Intelligence Eavesdropped on Phone Calls By John Kerry - SPIEGEL ONLINE - 0 views

www.spiegel.de/...ls-by-john-kerry-a-984246.html

surveillance state war & peace Israel Kerry-wiretapped

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  • SPIEGEL has learned from reliable sources that Israeli intelligence eavesdropped on US Secretary of State John Kerry during Middle East peace negotiations. In addition to the Israelis, at least one other intelligence service also listened in as Kerry mediated last year between Israel, the Palestinians and the Arab states, several intelligence service sources told SPIEGEL. Revelations of the eavesdropping could further damage already tense relations between the US government and Israel. During the peak stage of peace talks last year, Kerry spoke regularly with high-ranking negotiating partners in the Middle East. At the time, some of these calls were not made on encrypted equipment, but instead on normal telephones, with the conversations transmitted by satellite. Intelligence agencies intercepted some of those calls. The government in Jerusalem then used the information obtained in international negotiations aiming to reach a diplomatic solution in the Middle East.
Paul Merrell

Letter from Retired Military Leaders to President Obama on CIA and the Release of the Torture Report | Human Rights First - 0 views

www.humanrightsfirst.org/...cia-and-release-torture-report

war & peace CIA torture Senate-Intelligence_Committee-Report Obama retired-military-leaders

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  • On your second day in office, you led the country forward by issuing executive orders banning torture and other forms of abusive interrogation. Many of us were in the Oval Office that day, proud to stand behind you as you signaled an end to the misguided policies of the post-9/11 period. As retired generals and admirals, we have worked since that day to build a stronger, more durable consensus against torture in our country so that, at a future moment when our nation is tested, the American people will reject calls to resort to such abuses. We welcomed your public support for declassification of the Senate Select Intelligence Committee’s study on the CIA’s rendition, detention, and interrogation program. We believe that the American people must understand fully what the program entailed, how it came to be, and what was gained—and lost— because of it. We write to you today because we believe your strong record against torture is being undermined by members of your own administration. In part because there has been so little transparency about the torture program, some former government officials continue to claim that so-called “enhanced” interrogation techniques were necessary to disrupt terrorist plots and save lives. Now one of the key proponents of this false narrative that “torture works,” the former CIA director George Tenet, is reportedly coordinating with the current leadership of the CIA to discredit the Senate intelligence committee’s report. CIA Director John Brennan recently told the Wall Street Journal that he plans to "take issue” with parts of the report that he “believe[s] are inaccurate or misleading."
  • It is understandable that current and former employees of the CIA feel protective of the agency’s reputation and embarrassed by what the Senate study contains. The U.S. military’s examination of torture in its ranks after the Abu Ghraib scandal was painful; it was also necessary to the health of the institution. The stakes are too high to allow the intelligence community to circle the wagons and launch a concerted campaign to undermine the report’s credibility. Ultimately, an American public that understands the high costs of torture is the best guarantee against a future president rescinding your executive order and treating torture as a viable policy option. There is no substitute for leadership from the top on an issue like this. You have set the direction for your administration that torture is unacceptable. But for that leadership to have a lasting impact on the direction of our country, beyond your administration, you must act to ensure that Americans learn the right lessons from our past. We urge you to make clear in no uncertain terms that you expect CIA Director John Brennan to support an expansive declassification of the report and an honest reckoning with its findings.
  • Paul Merrell on 05 Aug 14
     
    Signed by a whole bunch of retired generals and admirals. 
Paul Merrell

Is NSA Surveillance Mastermind Keith Alexander Selling US Secrets to Wall Street? | VICE United States - 0 views

www.vice.com/...-us-secrets-to-wall-street-630

surveillance state NSA Alexander revolving-door

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  • Perhaps you already assume that there's some kind of twisted marriage between Wall Street megabanks and the US global surveillance regime. Why wouldn't there be? But not even a total cynic could have anticipated spymaster Keith Alexander cashing in this hard, this fast. As Bloomberg recently reported, the former National Security Agency chief, who resigned in March at the age of 62, quickly offered his cyber-security expertise at the eye-popping price of $1 million per month to an assortment of shady business lobbies. And now at least one member of Congress is probing this most delightfully dystopian of arrangements, raising the possibility that Alexander will be shamed out of the practice, if nothing else. “Disclosing or misusing classified information for profit is, as Mr. Alexander well knows, a felony. I question how Mr. Alexander can provide any of the services he is offering unless he discloses or misuses classified information, including extremely sensitive sources and methods,” Florida Democratic Rep. Alan Grayson wrote one of the business groups, the Security Industries and Financial Markets Association (SIFMA), which holds it down for Wall Street in Washington. “Without the classified information that he acquired in his former position, he literally would have nothing to offer to you.”
  • In an interview Monday, Grayson was even more strident in his criticism. "Frankly, what the general is doing is beginning to resemble an extortion racket," he told me. "This is a man who basically lied for a living, and he continues to do that." To be clear, what's uniquely outrageous about Alexander, who has apparently lowered his asking price to $600,000, is not that he is a former US official dangling his alleged expertise and the allure of privileged access to government officials before Wall Street. Former Secretary of State Hillary Clinton, who served under Barack Obama and is the odds-on favorite to succeed him, does this all the time, usually at a rate of about $250,000 a pop. (Indeed, one might argue that the very fact she has managed to do so while enjoying a stellar national reputation is what signaled to Alexander he might as well dive headlong through the revolving door.) But the former NSA head presumably knows things about sophisticated intelligence-gathering practices that very, very few people on Earth have been privy to—information that could be useful in the private sector, which has a tendency to collude with the military in ways that made former President and World War II General Dwight Eisenhower very sad.
  • "What could he possibly have that's worth $1 million a month other than classified information?" wonders Melanie Sloan, founder of Citizens for Responsibility and Ethics in Washington (CREW), a good government group. "That's more than former presidents make." Indeed, even former President Bill Clinton, whose corruption since leaving office is by now the stuff of legend, doesn't have the gall to ask for that much per gig. There's a sort of "fuck it!" attitude to what Alexander is doing, seemingly kicking sand in the face of everyone angry at his surveillance regime by getting paid to reflect on the experience of assembling it. More ominously, there's the prospect that Alexander, whether deliberately or otherwise, may have left behind vulnerabilities while running the NSA so as to put himself in prime position to effectively hold the banks hostage now. Certainly, there have been reports suggesting the agency was aware of some vulnerabilities it either could or did not address.   "What is especially troubling is he might actually be worth it," says former North Carolina Democratic Congressman Brad Miller, who worked extensively on financial regulation and Wall Street reform in Congress. "He's obviously not a computer geek. Some of the things that might have seemed paranoid a few years ago now seem more than plausible given what we've already learned the NSA has been doing."
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  • In an email, former New York Times reporter and Goldman Sachs regulatory guru Stephen Labaton—who is currently president of communications and influence powerhouse RLM Finsbury and apparently fielding the General's media inquiries—dismissed Grayson's critique and Miller's concerns. "The letter is ludicrous," he wrote me, before adding about Miller, "The congressman’s kidding, right? Will he [Alexander] next be tied to the Kennedy assassination?" But as Marcy Wheeler points out, given that the former NSA boss has spent the last year hyping the incredible risk of catastrophic cyber-attack, as well as the alleged damage done by Edward Snowden (an assessment his successor does not seem to share), it's fair to ask if his consultancy is essentially a scam. That the victims are, for now, Wall Street bankers—some of the least sympathetic human beings around—is a sweet bit of irony. But it doesn't change the bigger picture: In this age of total surveillance and unchecked financial power, the frontiers of corruption never seem to stop expanding.
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

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  • 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.
Paul Merrell

DNI Issues New Policy on Leak Damage Assessments | Federation Of American Scientists - 0 views

fas.org/...damage-assessments

surveillance-state DNI-Directive whistle-blowers leak-assessment

shared by Paul Merrell on 19 Jul 14 - No Cached
  • The Director of National Intelligence has issued new guidance on assessing damage resulting from the unauthorized disclosure of classified intelligence information to ensure that the damage assessments “are produced in an efficient, timely, consistent and collaborative manner.” Leak damage assessments should be used iteratively and the lessons learned from them should be applied “to strengthen the protection of classified national intelligence and prevent future unauthorized disclosures or compromises.” In addition to the facts and circumstances of the unauthorized disclosure, damage assessments should identify “any foreign involvement” in the case and “actionable recommendations to prevent future occurrences.” Where foreign partners are affected by the leak, agency heads shall coordinate with DNI “prior to notifying a foreign government.” Also, “foreign governments normally will not be advised of any security system vulnerabilities that contributed to the compromise.” See “Damage Assessments,” Intelligence Community Directive 732, June 27, 2014.
Paul Merrell

The fix is in: how banks allegedly rigged the US$5.3 trillion foreign exchange market | nsnbc international - 0 views

nsnbc.me/...illion-foreign-exchange-market

banksters fraud litigation settlements currency-exchange

shared by Paul Merrell on 15 Nov 14 - No Cached
  • Suppose you’re in the supermarket shopping for groceries. While you’re strolling the aisle with your cart, a shadowy figure looms over your shoulder and changes the prices on the items you want to buy before you get a chance to pick them up. As you reach for some vine tomatoes, you notice the price just jumped 20 cents. When you select some brie from among the cheeses, you witness the number on the sticker change right before your eyes. Ditto when you look for your favorite brand of granola.
  • This is the essence of what regulators learned might be happening in the foreign exchange market, where US$5.3 trillion of dollars, euros and yen are traded every day. In June 2013, Bloomberg reported that traders at some of the world’s biggest banks worked to manipulate key currency rates, racking up profits and costing investors – including your retirement fund – hundreds of millions of dollars globally. They are accused of placing their own transactions ahead of trades requested by clients – known as front-running – which was the reason prices kept changing as people tried to make their own trades, like in the shopping analogy above. They bought euros or dollars, driving up the rate, and then profited by selling to other investors at a higher level.
  • This week six of the currency-dealers being investigated – including JP Morgan, Citigroup and HSBC – agreed to pay a total of US$4.3 billion to regulators in the US, UK and Switzerland to resolve the allegations. The deal is likely only the first in a series of settlements and other penalties that will emerge from the ongoing investigations. The investors most concerned with the alleged manipulation are funds that invest internationally, such as hedge funds, the endowments of charitable or cultural institutions and insurance companies. But it also includes the mutual funds in which many of your 401K or IRA assets are likely invested.
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  • When institutions like these need to buy or sell assets across borders, they call a dealer at one of the big banks, which provides what is basically a wholesale version of the cambio currency kiosks you see at the airport. The dealer quotes a buying price and a selling price, and the fund chooses whether to buy or sell. In addition to trading with customers, the dealers trade among themselves, sometimes to manage their inventory and sometimes hoping to make money by taking speculative positions for a few minutes or even seconds. And that’s how we arrive at the scandal. Every day at 4pm in London, the market sets special “fixing” exchange rates that are used to value the funds’ international investments. The fixing price is set in a simple way: it’s just the average of all prices paid among dealing banks during the 30 seconds before and after the clock strikes 4. Many international fund managers prefer to trade currencies at exactly the fixing price because it’s simpler and smarter to trade at the same price used to value your portfolio. To make these transactions happen, international funds often place large orders with dealers at major banks before the fix.
  • Suppose, for example, a pension fund with major investments in Europe knows it will receive a lot of new IRA money on November 30, when many US employees get paid. And suppose the fund plans to invest €100 million of that in European stocks. At 3:30pm that day the fund might instruct its bank to purchase €100 million at the fixing price. With this kind of advance order, the bank could book its own trades before the fund does, buying the euros it will later sell to the investor.
  • The banks – or more accurately, specific dealers at specific banks – are accused of manipulating the fixing prices based on their knowledge of advance customer orders. In a nutshell, the accusation is that dealers from different banks got together before the fix and compared notes in chat rooms. Most currency trading is handled by 10 or so mega banks, so if just a few of them compared notes, they would have a good sense of whether the exchange rate would rise or fall during the fixing interval that day. The shadowy figure looking over your shoulder at the supermarket to see what you’re going to buy next is like the banks comparing their customer orders before the fix. To finish the supermarket analogy, we need to know how and why the dealing banks could raise the fixing rate to the disadvantage of international pension and mutual funds. Suppose once again that many customers have placed big orders to buy euros at the fix, and the banks figure the euro-dollar exchange rate will rise during the window. This would give them an incentive to buy a lot of euros before it’s set (remember the golden rule of trading: buy low, sell high).
Paul Merrell

NSA Reform Bill Dies As Republicans Hype Threats From Islamic State - The Intercept - 0 views

firstlook.org/...reform-bill-lives-dies-tonight

surveillance state NSA legislation phone-metadata

shared by Paul Merrell on 20 Nov 14 - No Cached
  • Senate Republicans, ratcheting up their rhetoric about the threat posed by the Islamic State, on Tuesday night sank the only significant legislative attempt to rein in the National Security Agency in the nearly year and a half since  American citizens first learned they were being spied on by their own government. The procedural vote to move forward on the USA Freedom Act required 60 votes. It received 58. All but one Democrat and four libertarian-leaning Republicans voted in favor of the bill. The rest of the Republicans — including libertarian firebrand Rand Paul (R-Ky.) —  voted against, along with Florida Democrat Bill Nelson. (Here’s the rollcall of the vote.)
  • During a brief debate before the vote, Georgia Republican Saxby Chambliss warned that members of the Islamic State “want people to walk the streets of New York… and start killing people.”  And, displaying either a real or feigned ignorance of the extraordinary latitude the NSA will continue to enjoy when it comes to spying on international communications, he suggested that the bulk collection of domestic phone records was necessary to ferret out such plans. (Watch video of the debate.)
  • Paul Merrell on 20 Nov 14
     
    Two federal courts of appeals should be issuing opinions soon on the constitutionality of the NSA program at issue. I put the odds at about 99-1 that the government loses both cases. 
Paul Merrell

California Tells Court It Can't Release Inmates Early Because It Would Lose Cheap Prison Labor | ThinkProgress - 0 views

thinkprogress.org/...-be-keeping-people-behind-bars

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  • Out of California’s years-long litigation over reducing the population of prisons deemed unconstitutionally overcrowded by the U.S. Supreme Court in 2010, another obstacle to addressing the U.S. epidemic of mass incarceration has emerged: The utility of cheap prison labor. In recent filings, lawyers for the state have resisted court orders that they expand parole programs, reasoning not that releasing inmates early is logistically impossible or would threaten public safety, but instead that prisons won’t have enough minimum security inmates left to perform inmate jobs. The dispute culminated Friday, when a three-judge federal panel ordered California to expand an early parole program. California now has no choice but to broaden a program known as 2-for-1 credits that gives inmates who meet certain milestones the opportunity to have their sentences reduced. But California’s objections raise troubling questions about whether prison labor creates perverse incentives to keep inmates in prison even when they don’t need to be there.
  • The debate centers around an expansive state program to have inmates fight wildfires. California is one of several states that employs prison labor to fight wildfires. And it has the largest such program, as the state’s wildfire problem rapidly expands arguably because of climate change. By employing prison inmates who are paid less than $2 per day, the state saves some $1 billion, according to a recent BuzzFeed feature of the practice. California relies upon that labor source, and only certain classes of nonviolent inmates charged with lower level offenses are eligible for the selective program. They must then meet physical and other criteria. In exchange, they get the opportunity for early release, by earning twice as many credits toward early release as inmates in other programs would otherwise earn, known as 2-for-1 credits. In February, the federal court overseeing California’s prison litigation ordered the state to expand this 2-for-1 program to some other rehabilitation programs so that other inmates who exhibit good behavior and perform certain work successfully would also be eligible for even earlier release.
  • As has been California’s practice in this litigation, California didn’t initially take the order that seriously. It continued to work toward reducing its prison population. In fact, the ballot initiative passed by voters in November to reclassify several nonviolent felonies as misdemeanors will go a long way toward achieving that goal. But it insisted that it didn’t have to do it the way the court wanted it to, because doing so could deplete the state’s source of inmate firefighters. The incentives of this wildfire and other labor programs are seemingly in conflict with the goal of reducing U.S. reliance on mass incarceration. But the federal judges overseeing this litigation were nonetheless sensitive to the state’s need for inmate firefighters. That’s why they ordered the state to offer 2-for-1 credits only to those many inmates who weren’t eligible for the wildfire program. This way, inmates who were eligible would still be incentivized to choose fighting wildfires, while those that weren’t could choose other rehabilitative work programs to reduce their sentence.
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  • The Department of Corrections didn’t like this idea, either. It argued that offering 2-for-1 credits to any inmates who perform other prison labor would mean more minimum security inmates would be released earlier, and they wouldn’t have as large of a labor pool. They would still need to fill those jobs by drawing candidates who could otherwise work fighting wildfires, and would be “forced to draw down its fire camp population to fill these vital MSF [Minimum Support Facility] positions.” In other words, they didn’t want to have to hire full-time employees to perform any of the work that inmates are now performing. The plaintiffs had this to say in response: “Defendants baldly assert that if the labor pool for their garage, garbage, and city park crews is reduced, then ‘CDCR would be forced to draw-down its fire camp population to fill these vital MSF positions.’ That is a red herring; Defendants would not be ‘forced’ to do anything. They could hire public employees to perform tasks like garbage collection, garage work and recycling … ”
  • California Attorney General Kamala Harris told BuzzFeed News she was “shocked” to learn that the lawyers in her department had argued against parole credits because they wanted to retain their labor force. “I will be very candid with you, because I saw that article this morning, and I was shocked, and I’m looking into it to see if the way it was characterized in the paper is actually how it occurred in court,” Harris said in an interview with BuzzFeed published late Tuesday. “I was very troubled by what I read. I just need to find out what did we actually say in court.” Harris was referring to the Los Angeles Times’ report on the three-judge panel’s ruling, which included a line referencing that argument. While ThinkProgress does not know what lawyers for the state said in court, the written motions submitted in the litigation make very clear that the state did indeed argue against expanding the early release program on the basis that it would deplete the labor force.
  • Paul Merrell on 20 Nov 14
     
    In the land of the free and the home of the brave ...j California has been in deep judicial doo-doo because of massive prison overcrowding and years of ignoring federal court orders to drastically reduce its prison population, leading to a Supreme Court decision that basically said, "no more stalling." 
Paul Merrell

The Feds & Media: How the FBI Destroyed Journalism | nsnbc international - 0 views

nsnbc.me/...media-fbi-destroyed-journalism

surveillance state FBI malware AP

shared by Paul Merrell on 08 Nov 14 - No Cached
  • James Comey, director of the Federal Bureau of Investigations (FBI) defended the use of an FBI agent posing as an Associated Press journalist in order to install spyware into the computer of a teenager from Lacy, Washington State.
  • Comey said in an open letter published in mainstream media that the FBI did not “overstep its bounds” while using deceptive tactics during their investigation into the teen who was in communication “online with the” FBI agent.” According to Comey: “An F.B.I. agent communicated online with the anonymous suspect. Relying on an agency behavioral assessment that the anonymous suspect was a narcissist, the online undercover officer portrayed himself as an employee of The Associated Press, and asked if the suspect would be willing to review a draft article about the threats and attacks, to be sure that the anonymous suspect was portrayed fairly.” To entrap the student, the FBI produced a fake news report provided by the FBI agent to the Associated Press regarding a “technology savvy student holds Timberline High School hostage.”
  • The Reporters Committee for Freedom of the Press (RCFP) wrote a letter to Holder and Comey explaining : “The warrant for such action apparently did not mention that the tracker was delivered as an AP article, with an AP byline “and therefore impersonated a news media organization.” Concerned that the FBI not only failed to follow its own guidelines for such activity, but also did not make clear to the judge who signed the warrant or FBI counsel that the software ‘impersonated a media organization or that there were First Amendment concerns at stake’.”
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  • The FBI agent made sure the teen saw the article which facilitated the downloading of spyware into the boy’s computer in order to track the child’s online whereabouts. Kathy Best, executive editor of the Seattle Times commented : “The FBI, in placing the name of The Associated Press on a phony story sent to a criminal suspect, crossed a line and undermined the credibility of journalists everywhere – including at The Times.” The FBI maintains that “the operation was aimed at preventing tragedy. We were fortunate that information provided by the public gave us the opportunity to step into a potentially dangerous situation before it was too late.” Kathleen Carroll, executive editor of AP said : “This latest revelation of how the FBI misappropriated the trusted name of the Associated Press doubles our concern and outrage, expressed earlier to Attorney General Eric Holder, about how the agency’s unacceptable tactics undermine AP and the vital distinction between the government and the press.”
  • The RCFP continued in their letter: “The utilization of news media as a cover for delivery of electronic surveillance software is unacceptable. This practice endangers the media’s credibility and creates the appearance that it is not independent of the government. It undermines media organizations’ ability to independently report on law enforcement.” Ironically, the FBI have a program targeting teenagers called, “The FBI Teen Reporter’s Workshop” where “selected” high school students in New York are brought to the FBI field office to “learn about how the FBI interacts with the media. In addition to hearing about the overall mission of the FBI and the mission of the Office of Public Affairs, the teens have the opportunity to meet members of the media and to take photos with FBI equipment.”
Paul Merrell

Tell Congress: My Phone Calls are My Business. Reform the NSA. | EFF Action Center - 0 views

act.eff.org/...are-my-business-reform-the-nsa

Patriot-Act sunset-section-215 EFF-email-campaign phone-records medical-records

shared by Paul Merrell on 31 Jan 15 - No Cached
  • The USA PATRIOT Act granted the government powerful new spying capabilities that have grown out of control—but the provision that the FBI and NSA have been using to collect the phone records of millions of innocent people expires on June 1. Tell Congress: it’s time to rethink out-of-control spying. A vote to reauthorize Section 215 is a vote against the Constitution.
  • On June 5, 2013, the Guardian published a secret court order showing that the NSA has interpreted Section 215 to mean that, with the help of the FBI, it can collect the private calling records of millions of innocent people. The government could even try to use Section 215 for bulk collection of financial records. The NSA’s defenders argue that invading our privacy is the only way to keep us safe. But the White House itself, along with the President’s Review Board has said that the government can accomplish its goals without bulk telephone records collection. And the Privacy and Civil Liberties Oversight Board said, “We have not identified a single instance involving a threat to the United States in which [bulk collection under Section 215 of the PATRIOT Act] made a concrete difference in the outcome of a counterterrorism investigation.” Since June of 2013, we’ve continued to learn more about how out of control the NSA is. But what has not happened since June is legislative reform of the NSA. There have been myriad bipartisan proposals in Congress—some authentic and some not—but lawmakers didn’t pass anything. We need comprehensive reform that addresses all the ways the NSA has overstepped its authority and provides the NSA with appropriate and constitutional tools to keep America safe. In the meantime, tell Congress to take a stand. A vote against reauthorization of Section 215 is a vote for the Constitution.
  • Paul Merrell on 31 Jan 15
     
    EFF has launched an email campagin to press members of Congress not to renew sectiion 215 of the Patriot Act when it expires on June 1, 2015.   Sectjon 215 authorizes FBI officials to "make an application for an order requiring the production of *any tangible things* (including books, records, papers, documents, and other items) for an investigation to obtain foreign intelligence information not concerning a United States person or to protect against international terrorism or clandestine intelligence activities, provided that such investigation of a United States person is not conducted solely upon the basis of activities protected by the first amendment to the Constitution." http://www.law.cornell.edu/uscode/text/50/1861 The section has been abused to obtain bulk collecdtion of all telephone records for the NSA's storage and processing.But the section goes farther and lists as specific examples of records that can be obtained under section 215's authority, "library circulation records, library patron lists, book sales records, book customer lists, firearms sales records, tax return records, educational records, or medical records."  Think of the NSA's voracious appetite for new "haystacks" it can store  and search in its gigantic new data center in Utah. Then ask yourself, "do I want the NSA to obtain all of my personal data, store it, and search it at will?" If your anser is "no," you might consider visiting this page to send your Congress critters an email urging them to vote against renewal of section 215 and to vote for other NSA reforms listed in the EFF sample email text. Please do not procrastinate. Do it now, before you forget. Every voice counts. 
Paul Merrell

FBI monitored and critiqued African American writers for decades | Books | The Guardian - 0 views

www.theguardian.com/...merican-writers-j-edgar-hoover

surveillance state FBI Hoover black-American-writers

shared by Paul Merrell on 13 Feb 15 - No Cached
  • Newly declassified documents from the FBI reveal how the US federal agency under J Edgar Hoover monitored the activities of dozens of prominent African American writers for decades, devoting thousands of pages to detailing their activities and critiquing their work. Academic William Maxwell first stumbled upon the extent of the surveillance when he submitted a freedom of information request for the FBI file of Claude McKay. The Jamaican-born writer was a key figure in the Harlem Renaissance, author of the sonnet If We Must Die, supposedly recited by Winston Churchill, and Maxwell was preparing an edition of his complete poems. When the file came through from the FBI, it stretched to 193 pages and, said Maxwell, revealed “that the bureau had closely read and aggressively chased McKay” – describing him as a “notorious negro revolutionary” – “all across the Atlantic world, and into Moscow”.
  • Maxwell, associate professor of English and African American studies at Washington University in St Louis, decided to investigate further, knowing that other scholars had already found files on well-known black writers such as Langston Hughes and James Baldwin. He made 106 freedom of information requests about what he describes as “noteworthy Afro-modernists” to the FBI; 51 of those writers had files, ranging from three to 1,884 pages each. “I suspected there would be more than a few,” said Maxwell. “I knew Hoover was especially impressed and worried by the busy crossroads of black protest, leftwing politics, and literary potential. But I was surprised to learn that the FBI had read, monitored, and ‘filed’ nearly half of the nationally prominent African American authors working from 1919 (Hoover’s first year at the Bureau, and the first year of the Harlem Renaissance) to 1972 (the year of Hoover’s death and the peak of the nationalist Black Arts movement). In this, I realised, the FBI had outdone most every other major institution of US literary study, only fitfully concerned with black writing.”
  • Maxwell’s book about his discovery, FB Eyes: How J Edgar Hoover’s Ghostreaders Framed African American Literature, is out on 18 February from Princeton University Press. It argues that the FBI’s attention was fuelled by Hoover’s “personal fascination with black culture”, that “the FBI is perhaps the most dedicated and influential forgotten critic of African American literature”, and that “African American literature is characterised by a deep awareness of FBI ghostreading”.
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  • Digital copies of 49 of the FBI files have been made available to the public online. “The collected files of the entire set of authors comprise 13,892 pages, or the rough equivalent of 46 300-page PhD theses,” Maxwell writes in the book. “FBI ghostreaders genuinely rivalled the productivity of their academic counterparts.” The academic told the Guardian that he believes the FBI monitoring stems from the fact that “from the beginning of his tenure at the FBI ... Hoover was exercised by what he saw as an emerging alliance between black literacy and black radicalism”.
  • The files show how the travel arrangements of black writers were closely scrutinised by the FBI, with the passport records of a long list of authors “combed for scraps of criminal behaviour and ‘derogatory information’”, writes Maxwell. Some writers were threatened by “‘stops’, instructions to advise and defer to the Bureau if a suspect tried to pass through a designated point of entry” to the US.
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