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Alberto Nisman, the prosecutor who accused Argentina's president of a cover-up plot over the 1994 bombing of a Jewish center before being found shot to death, met repeatedly with the US embassy in Buenos Aires during his investigation, leaked diplomatic cables show.Nisman gave US officials advanced notice on his procedural moves and was apparently coached by the embassy in "improving" his requests for arrest warrants for Iranians that Nisman suspected of carrying out the deadly attack against the Argentine Israeli Mutual Association, or AIMA, according to cables published by Wikileaks."Embassy can now more logically approach the [government of Argentina] about [its] anticipated next steps and ways we might be able to coordinate outreach to other governments [...] to bring attention to the warrants and pressure to bear on Iran and Hezbollah," says one US cable dated November 1, 2006, after a meeting with Nisman.The revelations are adding fodder to the entangled scandal over the AIMA center bombing, Nisman's mysterious death, and the reactions of President Cristina Fernandez de Kirchner and her government loyalists.The president and her supporters have piled doubt on Nisman's investigation, suggesting he didn't himself write the inquiry accusing Kirchner of a cover-up deal with Iran, and that he was influenced by foreign agents in his claims. Kirchner said this week that Nisman was manipulated and double-crossed by government spies plotting against her.

Nisman on January 16 told VICE News he had proof that Kirchner sought a back-channel deal with Iran — swapping Iranian oil for Argentine grain — in exchange for abandoning efforts to prosecute former Iranian diplomats in connection to the Jewish center bombing.Eight-five people were killed in the terror attack, which remains unsolved. Survivors and opposition forces are now blaming Kirchner's government for Nisman's death.

The prosecutor, who was found dead the night before making his blockbuster claim against Kirchner and her foreign minister in Argentina's Congress, is mentioned in 46 leaked US cables.In the cable from November 2006, Nisman informed US officials of the likelihood that a judge would follow his recommendations to seek charges against Iranian suspects for the bombing. American embassy officials discussed plans to inform "other governments" ahead of time, in an apparent push to make the case against the Iranians an international matter.Another cable, dated January 19, 2007, suggests the US embassy had a hand in shaping Nisman's warrant requests with Interpol, the international diplomatic police force. The cable shows US officials thought Nisman's work was shoddy and needed help.Before the Justice Department's Office of International Affairs intervened in the warrant applications, the cable says, Nisman's paperwork contained "statements that were presumptuous conclusions of guilt."Nisman took on the case of the AIMA center bombing in 2004, at the request of the then-President Nestor Kirchner, Cristina Fernandez's late husband. In his interview with VICE News — perhaps his last with a foreign news organization — Nisman denied connections with any foreign spy agencies.

The incident for which the men were tried was the single largest known massacre of Iraqi civilians at the hands of private U.S. security contractors. Known as “Baghdad’s bloody Sunday,” operatives from Blackwater gunned down 17 Iraqi civilians at a crowded intersection at Nisour Square on September 16, 2007. The company, founded by secretive right-wing Christian supremacist Erik Prince, pictured above, had deep ties to the Bush Administration and served as a sort of neoconservative Praetorian Guard for a borderless war launched in the immediate aftermath of 9/11. While Barack Obama pledged to reign in mercenary forces when he was a senator, once he became president he continued to employ a massive shadow army of private contractors. Blackwater — despite numerous scandals, congressional investigations, FBI probes and documented killings of civilians in both Iraq and Afghanistan — remained a central part of the Obama administration’s global war machine throughout his first term in office.

Just as with the systematic torture at Abu Ghraib, it is only the low level foot-soldiers of Blackwater that are being held accountable. Prince and other top Blackwater executives continue to reap profits from the mercenary and private intelligence industries. Prince now has a new company, Frontier Services Group, which he founded with substantial investment from Chinese enterprises and which focuses on opportunities in Africa. Prince recently suggested that his forces at Blackwater could have confronted Ebola and ISIS. “If the administration cannot rally the political nerve or funding to send adequate active duty ground forces to answer the call, let the private sector finish the job,” he wrote. None of the U.S. officials from the Bush and Obama administrations who unleashed Blackwater and other mercenary forces across the globe are being forced to answer for their role in creating the conditions for the Nisour Square shootings and other deadly incidents involving private contractors. Just as the main architect of the CIA interrogation program, Jose Rodriguez, is on a book tour for his propagandistic love letter to torture, Hard Measures: How Aggressive CIA Actions After 9/11 Saved American Lives, so too is Erik Prince pushing his own revisionist memoir, Civilian Warriors: The Inside Story of Blackwater and the Unsung Heroes of the War on Terror.

While the Blackwater verdict is an important and rare moment of accountability in an overwhelmingly unaccountable private war industry, it does not erase the fact that those in power—the CEOs, the senior officials, the war profiteers—walk freely and will likely do so for the rest of their lives.

Yemen as Vietnam or Afghanistan April 1, 2015 With U.S. intelligence help, Saudi Arabia has launched air strikes into Yemen and wants Egypt and Pakistan to invade, threatening to turn a long-simmering civil war into a regional conflict, a scenario that reminded retired U.S. diplomat William R. Polk of his work for President Kennedy on an earlier Yemeni war.By William R. PolkAs the events unfold with the Saudi and Egyptian engagement in Yemen, I was reminded of my discussion with Egypt’s President Gamal Abdel Nasser on “his” Yemen war, sometimes called the North Yemen Civil War that began in 1962, became a stalemate and finally ended in 1970. As Mark Twain may have said, “history doesn’t repeat but sometimes it rhymes.” The rhymes, at least, seem unmistakable.In the course of our first lengthy talk on Yemen, Nasser (rather angrily) replied to one of my comments, “you don’t think I will win the war, do you?”

“No, Mr. President,” I replied, “I don’t.”

“Well,” Nasser retorted, “you American’s think you know all about everything, and you don’t even have any of your people in Sanaa and none up in the north where the fighting is going on. You don’t know anything about Yemen.” Then, without thinking of the implication, I suppose, he said, ” You should go see.”“Mr. President,” I quickly said. “I regard that as an invitation.” Impolitely, I then stood up. He looked at me with narrow, angry eyes. He obviously had not meant what I had inferred.“All right, go see,” he said. “I will give instructions that you can go anywhere you want, talk to anyone you want, see everything..”“But, of course, I cannot even get there without your help,” I said.“You can have my plane.”Rather off-handedly and not warmly, we shook hands. I said goodbye and rushed back to our embassy and wrote an “eyes only” message to  President John Kennedy. I did not want it scattered around our government so I prevailed upon the CIA station chief to send it by his rather more restricted route. It was encrypted and sent in three batches. Before the second batch got sent, a reply came back: “go.”

On Mar. 24, US president Barack Obama announced that all 9,800 US troops currently stationed in Afghanistan will remain until the end of 2015. This generated a fair amount of criticism: it was, after all, Obama’s promise that the last American troop would leave the country in 2014. How have Obama’s plans for pulling out of Afghanistan fared so far? http://t.co/avoxwJzzQw pic.twitter.com/3S5FJ3lgho — FiveThirtyEight (@FiveThirtyEight) March 26, 2015

Those expecting the US to leave Afghanistan, however, should take a minute to consider this: the US still hasn’t left Germany. In fact, there are quite a few places the US hasn’t left, and while certainly most of them don’t pose a threat to American soldiers, they reveal a pattern about the US staying, rather than leaving. According to official information provided by the Department of Defense (DoD) and its Defense Manpower Data Center (DMDC) there are still about 40,000 US troops, and 179 US bases in Germany, over 50,000 troops in Japan (and 109 bases), and tens of thousands of troops, with hundreds of bases, all over Europe. Over 28,000 US troops are present in 85 bases in South Korea, and have been since 1957. Altogether, based on information contained in the DoD’s latest Base Structure Report (BSR), the US has bases in at least 74 countries and troops practically all over the world, ranging from thousands to just one in some countries (it could be a military attaché, for instance).

By comparison, France has bases in 10 countries, and the UK has bases in seven. Calculating the extent of the US military presence abroad is not an easy task. The data released by the Department of Defense is incomplete, and inconsistencies are found within documents. Quartz has requested clarification from the Department of Defense, but hasn’t received a response. In his forthcoming book Base Nation: How US Military Bases Abroad Harm America and the World, David Vine, associate professor of anthropology at American University details the difficulties of assessing the US military presence abroad. He writes: according to the most recent publicized count, the U.S. military currently still occupies 686 “base sites” outside the fifty states and Washington, DC. While 686 base sites is quite a figure in its own right, that tally strangely excludes many well-known U.S. bases, like those in Kosovo, Kuwait, and Qatar. Less surprisingly, the Pentagon’s count also excludes secret (or secretive) American bases, like those reported in Israel and Saudi Arabia. There are so many bases, the Pentagon itself doesn’t even know the true total. That is not the only issue—even a definitive count of bases would include a wide range of facilities. “Base” itself is an umbrella term that includes locations referred to as “post,” “station,” “camp,” or “fort” by different military bodies. Vine explains:

The CIA and Signals Intelligence Formerly Top-Secret Multi-Volume History Details Spy Agency’s Conflicts with NSA and Military over SIGINT Role Additional Declassified Documents Describe CIA Domestic and Foreign SIGINT Activity CIA Role Often Put It in Direct Competition with NSA, but Recent Cooperation Made Possible Controversial Exploits Uncovered by Edward Snowden National Security Archive Electronic Briefing Book No. 506

One of these survivors is April Gallop. April Gallop would testify under oath in a two-hour-long, video-taped interview with Barbara Honegger who has conducted an in-depth investigation into the events at the Pentagon on September 11. April Gallop would state that a violent explosion near her desk in Wedge Two on Corridor Five, more than 100 ft north from the official narratives’ alleged plane impact point stopped her watch at 9:30.

The new rules for exemptions to copyright's DRM-circumvention laws were issued today, and the Librarian of Congress has granted much of what EFF asked for over the course of months of extensive briefs and hearings. The exemptions we requested—ripping DVDs and Blurays for making fair use remixes and analysis; preserving video games and running multiplayer servers after publishers have abandoned them; jailbreaking cell phones, tablets, and other portable computing devices to run third party software; and security research and modification and repairs on cars—have each been accepted, subject to some important caveats.

The exemptions are needed thanks to a fundamentally flawed law that forbids users from breaking DRM, even if the purpose is a clearly lawful fair use. As software has become ubiquitous, so has DRM.  Users often have to circumvent that DRM to make full use of their devices, from DVDs to games to smartphones and cars. The law allows users to request exemptions for such lawful uses—but it doesn’t make it easy. Exemptions are granted through an elaborate rulemaking process that takes place every three years and places a heavy burden on EFF and the many other requesters who take part. Every exemption must be argued anew, even if it was previously granted, and even if there is no opposition. The exemptions that emerge are limited in scope. What is worse, they only apply to end users—the people who are actually doing the ripping, tinkering, jailbreaking, or research—and not to the people who make the tools that facilitate those lawful activities. The section of the law that creates these restrictions—the Digital Millennium Copyright Act's Section 1201—is fundamentally flawed, has resulted in myriad unintended consequences, and is long past due for reform or removal altogether from the statute books. Still, as long as its rulemaking process exists, we're pleased to have secured the following exemptions.

The new rules are long and complicated, and we'll be posting more details about each as we get a chance to analyze them. In the meantime, we hope each of these exemptions enable more exciting fair uses that educate, entertain, improve the underlying technology, and keep us safer. A better long-terms solution, though, is to eliminate the need for this onerous rulemaking process. We encourage lawmakers to support efforts like the Unlocking Technology Act, which would limit the scope of Section 1201 to copyright infringements—not fair uses. And as the White House looks for the next Librarian of Congress, who is ultimately responsible for issuing the exemptions, we hope to get a candidate who acts—as a librarian should—in the interest of the public's access to information.

A secret Defense Department program provides unfettered eavesdropping on the accused terrorists imprisoned at Guantánamo’s clandestine Camp 7 lockup, recently released war court documents show.Army Col. James L. Pohl, the judge in 9/11 trial, discovered the existence of the secret surveillance program during a recent war court hearing. Little is publicly known about the program, not even its unclassified two-word nickname.

The disclosure of pervasive eavesdropping at Guantánamo’s lockup for 14 former CIA prisoners comes in before-and-after documents released by the court from the recent Oct. 19-30 pretrial hearings in the death-penalty case of five men accused of orchestrating the hijackings that killed nearly 3,000 people on Sept. 11, 2001.At issue was accused 9/11 plotter Walid bin Attash’s request for guidance on how he could function as his own attorney. Bin Attash is a Yemeni in his mid-30s who is accused of training some of the hijackers. “You must assume anything you say in Camp 7 is not confidential and will be disclosed to the U.S. Government,” warns an Oct. 23 draft of the advisory, crafted after the judge was informed of the covert program. “Only when you are in Echo 2 will anything you say be covered by the attorney-client privilege.”An Oct. 20 draft of the advisory omits those lines.

This is not the first time in the proceedings that a surveillance program caught Pohl by surprise. In January 2013, he ordered the CIA to unplug a button that allowed an unseen observer to cut the court’s audio feed to the public. Perhaps ironically, the lone site the judge considers safe for consultative trial preparation — the Camp Echo compound of wooden huts, each containing a cell — at one time had covert recording devices that looked like smoke detectors. The judge ordered them disabled in February 2013.Attorney Dror Ladin of the American Civil Liberties Union, who was an observer at the Guantánamo hearings last month, said the apparent disclosure of “pervasive surveillance at Camp 7” is the latest issue to challenge the possibility of a fair trial.“It is shocking that for years neither defense counsel nor the judge were made aware that the government was capturing everything said aloud by the detainees there,” he said Thursday. It also adds to mounting questions of “how these military commissions can produce a fair result,” said Ladin, especially if one of the men represents himself. “These are detainees who really can’t see the evidence against them and simultaneously have been provided no rehabilitation services for the torture they suffered for years. It would be astonishing if any of them could craft a fair defense for capital charges.”

By Webster Griffin Tarpley and Anton Chaitkin Table of Contents Introduction — American Caligula Chapter 1 – The House of Bush: Born in a Bank Chapter 2 – The Hitler Project Chapter 3 – Race Hygiene: Three Bush Family Alliances Chapter 4 – The Center of Power is in Washington Chapter 5 – Poppy and Mommy Chapter 6 – Bush in World War II Chapter 7 – Skull and Bones: The Racist Nightmare at Yale Chapter 8 – The Permian Basin Gang Chapter 8b – The Bay of Pigs and The Kennedy Assassination Chapter 9 – Bush Challenges Yarborough for The Senate Chapter 10 – Rubbers Goes to Congress Chapter 11 – United Nations Ambassador, Kissinger Clone Chapter 12 – Chairman George in Watergate Chapter 13 – Bush Attempts The Vice Presidency, 1974 Chapter 14 – Bush in Beijing Chapter 15 – CIA Director Chapter 16 – Campaign 1980 Chapter 17 – The Attempted Coup D’Etat of March 30, 1981 Chapter 18 – Iran-Contra Chapter 19 – The Leveraged Buyout Mob Chapter 20 – The Phony War On Drugs Chapter 21 – Omaha Chapter 22 – Bush Takes The Presidency Chapter 23 – The End of History Chapter 24 – The New World Order Chapter 25 – Thyroid Storm

Chapter 1 – The House of Bush: Born in a Bank Chapter 2 – The Hitler Project Chapter 3 – Race Hygiene: Three Bush Family Alliances Chapter 4 – The Center of Power is in Washington Chapter 5 – Poppy and Mommy Chapter 6 – Bush in World War II Chapter 7 – Skull and Bones: The Racist Nightmare at Yale Chapter 8 – The Permian Basin Gang Chapter 8b – The Bay of Pigs and The Kennedy Assassination Chapter 9 – Bush Challenges Yarborough for The Senate Chapter 10 – Rubbers Goes to Congress Chapter 11 – United Nations Ambassador, Kissinger Clone Chapter 12 – Chairman George in Watergate Chapter 13 – Bush Attempts The Vice Presidency, 1974 Chapter 14 – Bush in Beijing Chapter 15 – CIA Director Chapter 16 – Campaign 1980 Chapter 17 – The Attempted Coup D’Etat of March 30, 1981 Chapter 18 – Iran-Contra Chapter 19 – The Leveraged Buyout Mob Chapter 20 – The Phony War On Drugs Chapter 21 – Omaha Chapter 22 – Bush Takes The Presidency Chapter 23 – The End of History Chapter 24 – The New World Order Chapter 25 – Thyroid Storm

Propping Up the Derivatives Scheme Dodd-Frank states in its preamble that it will “protect the American taxpayer by ending bailouts.” But it does this under Title II by imposing the losses of insolvent financial companies on their common and preferred stockholders, debtholders, and other unsecured creditors. That includes depositors, the largest class of unsecured creditor of any bank.

Three House committees will jointly investigate allegations U.S. Central Command altered intelligence reports, their chairmen announced Friday.“Today, the House Armed Services Committee, the House Permanent Select Committee on Intelligence and the House Appropriations Committee established a Joint Task Force to investigate allegations that senior U.S. Central Command (CENTCOM) officials manipulated intelligence products,” Reps. David Nunes (R-Calif.), Mac Thornberry (R-Texas) and Rodney Frelinghuysen (R-N.J.) said in a joint statement.Analysts at Centcom have alleged that senior officials altered their reports to paint a rosier picture of the fight against the Islamic State in Iraq and Syria (ISIS).The Pentagon’s inspector general is already conducting an investigation into the allegations.Magazine Foreign Policy reported last month that the task force would be formed.

In their statement, Nunes, Thornberry and Frelinghuysen said the task force would look into the specific allegations, as well as whether there are “systemic problems across the intelligence enterprise in CENTCOM or any other pertinent intelligence organizations.”Reps. Ken Calvert (R-Calif.), Mike Pompeo (R-Kan.) and Brad Wenstrup (R-Ohio) will lead the investigation.“Any accusation of intelligence being altered to fit a political narrative must be fully investigated and those responsible held accountable,” Pompeo said in a written statement. “This matters both to those who gather the intelligence, often at great risk to their personal safety, and to the policymakers who use this intelligence to make what are often life threatening decisions.”In an interview on Fox News, Thornberry said the issue was too important to wait to investigate until after the inspector general.

Democrats are participating, too, he said in the interview.  “They are participating in the investigation,” he said. “Their staff had been involved in the discussions we have had with a variety of folks from Centcom and elsewhere. So again we want to be careful and do it right, but it's important.” The task force expects to have preliminary results early next year, according to the chairmen’s statement.

Brazilians have become inured to seeing politicians and businessmen marched off to prison for corruption. But the mug shot of banker André Esteves—unshaven and frowning—that flashed across TV screens in early December was a shock. Part of a cadre of mavericks who got astonishingly rich from Brazil’s transformation into one of the world’s top 10 economies in the 2000s, Esteves helped turn Grupo BTG Pactual into Latin America’s biggest standalone investment bank. Supremely confident, Esteves—who was a billionaire by his mid-30s—liked to quip that the initials in his company’s name stood for “Better than Goldman.”Around dawn on Nov. 25, Esteves’s fortunes soured in an instant. Police showed up at his apartment, which faces Rio de Janeiro’s legendary Ipanema beach, and hauled him away on allegations of obstructing a federal investigation into a massive pay-to-play scheme centered on Brazil’s state-run oil giant, Petrobras. Now Esteves, 47, resides in a cell block with concrete beds and communal toilets at Bangu, a high-security prison in Rio better known for housing drug traffickers and murderers.

Having its founder, chief executive officer, and chairman behind bars has pushed BTG Pactual to the brink of insolvency as clients pull their money out. Within days of his arrest, Esteves had relinquished his controlling stake in the firm, and his partners had begun a wholesale selloff of assets. To avert disaster, Brazil’s central bank helped engineer a $1.6 billion rescue line from the country’s privately funded deposit guarantee fund. Still, the bank’s shares have lost half their value since Esteves’s arrest. On Dec. 7, prosecutors formally accused the banker of obstruction of justice. Antônio Carlos de Almeida Castro, Esteves’s lawyer, says his client has done nothing wrong.The metastatic graft scandal that sent Esteves to jail threatens more than the survival of BTG. So many legislators are implicated, Congress has been unable to pass legislation to contain an exploding budget deficit. President Dilma Rousseff has grown so unpopular that lawmakers are maneuvering to impeach her for allegedly cooking the government’s books. Meanwhile, the economy is sliding into what Goldman Sachs calls a full-blown depression.

BTG’s collapse won’t cause Brazil’s capital markets to seize up as Lehman Brothers’ failure did in the U.S. in 2008. Yet having one of the country’s most prominent financiers behind bars is a body blow to the confidence of investors at a time when Brazil needs their cash. “It very much gives you the impression that the corruption scheme is so widespread that it induces a kind of counterparty risk,” says Monica de Bolle, a former International Monetary Fund economist. “You enter into transactions with people in Brazil without knowing whether or not they might be implicated in something.” The result: “Nothing gets done. There’s no business,” she says.

A year after his 700-page opus "Capital in the Twenty-First Century" stormed to the top of America's best-seller lists, Thomas Piketty is out with a new argument about income inequality. It may prove more controversial than his book, which continues to generate debate in political and economic circles. The new argument, which Piketty spelled out recently in the French newspaper Le Monde, is this: Inequality is a major driver of Middle Eastern terrorism, including the Islamic State attacks on Paris earlier this month — and Western nations have themselves largely to blame for that inequality. Piketty writes that the Middle East's political and social system has been made fragile by the high concentration of oil wealth into a few countries with relatively little population. If you look at the region between Egypt and Iran — which includes Syria — you find several oil monarchies controlling between 60 and 70 percent of wealth, while housing just a bit more than 10 percent of the 300 million people living in that area. (Piketty does not specify which countries he's talking about, but judging from a study he co-authored last year on Middle East inequality, it appears he means Qatar, the United Arab Emirates, Kuwait, Saudia Arabia, Bahrain and Oman. By his numbers, they accounted for 16 percent of the region's population in 2012 and almost 60 percent of its gross domestic product.)

This concentration of so much wealth in countries with so small a share of the population, he says, makes the region "the most unequal on the planet." Within those monarchies, he continues, a small slice of people controls most of the wealth, while a large — including women and refugees — are kept in a state of "semi-slavery." Those economic conditions, he says, have become justifications for jihadists, along with the casualties of a series of wars in the region perpetuated by Western powers. His list starts with the first Gulf War, which he says resulted in allied forces returning oil "to the emirs." Though he does not spend much space connecting those ideas, the clear implication is that economic deprivation and the horrors of wars that benefited only a select few of the region's residents have, mixed together, become what he calls a "powder keg" for terrorism across the region.

Piketty is particularly scathing when he blames the inequality of the region, and the persistence of oil monarchies that perpetuate it, on the West: "These are the regimes that are militarily and politically supported by Western powers, all too happy to get some crumbs to fund their [soccer] clubs or sell some weapons. No wonder our lessons in social justice and democracy find little welcome among Middle Eastern youth." Terrorism that is rooted in inequality, Piketty continues, is best combated economically. To gain credibility with those who do not share in the region's wealth, Western countries should demonstrate that they are more concerned with the social development of the region than they are with their own financial interests and relationships with ruling families. The way to do this, he says, is to ensure that Middle eastern oil money funds "regional development," including far more education.

The first (and thus far only) roll-back of post-9/11 surveillance authorities was implemented over the weekend: The National Security Agency shuttered its program for collecting and holding the metadata of Americans’ phone calls under Section 215 of the Patriot Act. While bulk collection under Section 215 has ended, the government can obtain access to this information under the procedures specified in the USA Freedom Act. Indeed, some experts have argued that the Agency likely has access to more metadata because its earlier dragnet didn’t cover cell phones or Internet calling. In addition, the metadata of calls made by an individual in the United States to someone overseas and vice versa can still be collected in bulk — this takes place abroad under Executive Order 12333. No doubt the NSA wishes that this was the end of the surveillance reform story and the Paris attacks initially gave them an opening. John Brennan, the Director of the CIA, implied that the attacks were somehow related to “hand wringing” about spying and Sen. Tom Cotton (R-Ark.) introduced a bill to delay the shut down of the 215 program. Opponents of encryption were quick to say: “I told you so.”

But the facts that have emerged thus far tell a different story. It appears that much of the planning took place IRL (that’s “in real life” for those of you who don’t have teenagers). The attackers, several of whom were on law enforcement’s radar, communicated openly over the Internet. If France ever has a 9/11 Commission-type inquiry, it could well conclude that the Paris attacks were a failure of the intelligence agencies rather than a failure of intelligence authorities. Despite the passage of the USA Freedom Act, US surveillance authorities have remained largely intact. Section 702 of the FISA Amendments Act — which is the basis of programs like PRISM and the NSA’s Upstream collection of information from Internet cables — sunsets in the summer of 2017. While it’s difficult to predict the political environment that far out, meaningful reform of Section 702 faces significant obstacles. Unlike the Section 215 program, which was clearly aimed at Americans, Section 702 is supposedly targeted at foreigners and only picks up information about Americans “incidentally.” The NSA has refused to provide an estimate of how many Americans’ information it collects under Section 702, despite repeated requests from lawmakers and most recently a large cohort of advocates. The Section 215 program was held illegal by two federal courts (here and here), but civil attempts to challenge Section 702 have run into standing barriers. Finally, while two review panels concluded that the Section 215 program provided little counterterrorism benefit (here and here), they found that the Section 702 program had been useful.

There is, nonetheless, some pressure to narrow the reach of Section 702. The recent decision by the European Court of Justice in the safe harbor case suggests that data flows between Europe and the US may be restricted unless the PRISM program is modified to protect the information of Europeans (see here, here, and here for discussion of the decision and reform options). Pressure from Internet companies whose business is suffering — estimates run to the tune of $35 to 180 billion — as a result of disclosures about NSA spying may also nudge lawmakers towards reform. One of the courts currently considering criminal cases which rely on evidence derived from Section 702 surveillance may hold the program unconstitutional either on the basis of the Fourth Amendment or Article III for the reasons set out in this Brennan Center report. A federal district court in Colorado recently rejected such a challenge, although as explained in Steve’s post, the decision did not seriously explore the issues. Further litigation in the European courts too could have an impact on the debate.

HE INTERCEPT HAS OBTAINED a secret, internal U.S. government catalogue of dozens of cellphone surveillance devices used by the military and by intelligence agencies. The document, thick with previously undisclosed information, also offers rare insight into the spying capabilities of federal law enforcement and local police inside the United States. The catalogue includes details on the Stingray, a well-known brand of surveillance gear, as well as Boeing “dirt boxes” and dozens of more obscure devices that can be mounted on vehicles, drones, and piloted aircraft. Some are designed to be used at static locations, while others can be discreetly carried by an individual. They have names like Cyberhawk, Yellowstone, Blackfin, Maximus, Cyclone, and Spartacus. Within the catalogue, the NSA is listed as the vendor of one device, while another was developed for use by the CIA, and another was developed for a special forces requirement. Nearly a third of the entries focus on equipment that seems to have never been described in public before.

The Intercept obtained the catalogue from a source within the intelligence community concerned about the militarization of domestic law enforcement. (The original is here.) A few of the devices can house a “target list” of as many as 10,000 unique phone identifiers. Most can be used to geolocate people, but the documents indicate that some have more advanced capabilities, like eavesdropping on calls and spying on SMS messages. Two systems, apparently designed for use on captured phones, are touted as having the ability to extract media files, address books, and notes, and one can retrieve deleted text messages. Above all, the catalogue represents a trove of details on surveillance devices developed for military and intelligence purposes but increasingly used by law enforcement agencies to spy on people and convict them of crimes. The mass shooting earlier this month in San Bernardino, California, which President Barack Obama has called “an act of terrorism,” prompted calls for state and local police forces to beef up their counterterrorism capabilities, a process that has historically involved adapting military technologies to civilian use. Meanwhile, civil liberties advocates and others are increasingly alarmed about how cellphone surveillance devices are used domestically and have called for a more open and informed debate about the trade-off between security and privacy — despite a virtual blackout by the federal government on any information about the specific capabilities of the gear.

ANY OF THE DEVICES in the catalogue, including the Stingrays and dirt boxes, are cell-site simulators, which operate by mimicking the towers of major telecom companies like Verizon, AT&T, and T-Mobile. When someone’s phone connects to the spoofed network, it transmits a unique identification code and, through the characteristics of its radio signals when they reach the receiver, information about the phone’s location. There are also indications that cell-site simulators may be able to monitor calls and text messages. In the catalogue, each device is listed with guidelines about how its use must be approved; the answer is usually via the “Ground Force Commander” or under one of two titles in the U.S. code governing military and intelligence operations, including covert action.

A mostly neoconservative group of national-security analysts have published perhaps the first comprehensive outline of what they believe a Republican foreign policy should look like as of Inauguration Day 2017. It’s titled “Choosing to Lead: American Foreign Policy for a Disordered World.” Although it concedes that “there are limitations on American power,” according to the book’s “Forward” by former George W. Bush speechwriter, Peter Wehner, all of the contributors …understand, too, that with the right leadership and policies in place, the United States can once again be a guarantor of global order and peace, a champion of human rights, and a beacon of economic growth and human flourishing. There is no reason the 21st century cannot be the next American Century. …Choosing to Lead offers perspectives and recommendations on how to make the next American Century happen. In doing so, we believe it will serve the world as well as the United States of America.[Emphasis added.] If you sense a rebirth of the Project for the New American Century (PNAC), you’re probably not far off, although Bob Kagan and Bill Kristol, who co-founded PNAC, are not among the large number of contributors. PNAC published two volumes, Present Dangers and Rebuilding American Defenses, that together formed a neocon manifesto for the Republican presidential candidate in the 2000 election in which the organization initially backed John McCain.

The new compilation is the product of the John Hay Initiative, named after Theodore Roosevelt’s chief diplomat, and brings together many of the foreign-policy advisers to Mitt Romney’s 2012 presidential campaign. The Initiative is co-chaired by Eliot Cohen (a charter member of PNAC), former Romney adviser Brian Hook, and Eric Edelman (who succeeded Doug Feith as undersecretary of defense under George W. Bush and has since served as co-founder and director—with Kagan and Kristol—of PNAC’s lineal descendant, the Foreign Policy Initiative). The 200 “experts” connected to the Initiative have reportedly advised almost all of the 2016 Republican presidential candidates. The Initiative has made no secret of its hope that a successful Republican presidential candidate will appoint many of its members to senior policy-making positions (much as PNAC’s charter members, such as Dick Cheney, Donald Rumsfeld, Paul Wolfowitz, and Elliott Abrams, were all rewarded with senior posts under George W. Bush. Cohen positioned himself for an appointment in that administration by writing the perfectly timed book, Supreme Command, in the run-up to the Iraq invasion about how the best wartime presidents ignored the more cautious advice of their generals. A faithful signer of PNAC’s letters, Cohen was named counsel to Condoleezza Rice in Bush’s second term.

We will no doubt look back upon the current era as the “crime of the century” for so many different reasons. Actually, current times represent the worst financial crimes of ALL TIME! The various crimes and how they are operated are too numerous to list and would probably fill a three volume set of books, let’s concentrate on just one. Central to everything is the U.S. issuing the global reserve currency by fiat knowing full well it truly means “non payment”. The absolute cornerstone to the dollar retaining confidence and thus value has been the suppression of the price of gold. Before getting to specifically what I’d like to point out, let’s look at a couple common sense points which beg questions. How is it China has been importing 2,400 tons of gold over the past two and a half years without any upward push to the gold price? This amount equals almost EXACTLY the TOTAL amount of gold mined annually around the world! How is it possible that ALL production has been purchased by China and yet the price goes down? The answer of course is quite simple unless you purposely close your eyes or disingenuously “apologize”.

The argument from the apologists is that “traders” on COMEX and LBMA believe gold will go lower so they are sellers and this is where the downward pressure has come from. You as a reader already know that much of the “selling” is done at midnight (or off hours) in the U.S. which is the lunch break in Asia, China specifically. The massive selling (as much as total global production in less than two trading days) has usually taken place during off hours when the volume is lightest and price moves the most, especially with any significant volume. The result has been gold now trades at or very near the cost of production and silver well below production costs. None of this is new, only a refresher. The reaction in the actual physical markets is backwardation, premiums over spot prices and actual shortages. Put simply, low price has brought out additional physical demand. To the point, the following is a snapshot of inventory movement (or the lack of) within the COMEX gold vaults this month:

Yes, yes, the open interest ALWAYS collapses and delivery “always gets made”. But doesn’t it seem strange to you that a market with less than $200 million worth of inventory is the pricing to a $5 trillion monetary asset? In comparison, a single ranch in Texas just got sold for nearly 4 times the size of what COMEX claims they have available for delivery. It used to be the tail was wagging the dog. Now, COMEX inventory has been bled down so far it can be said just a few hairs on the tail is wagging the dog! Surely I will receive comments like “this will go on forever” or “don’t worry, nothing ever comes of these delivery months”. It should be pointed out, as it stands right now a single trade of 1,820 contracts represents the entire deliverable inventory and we have seen on multiple occasions where 3,000-6,000 contracts have been sold (in one trade) to collapse the price. I ask, how does COMEX keep this in the box when something very “REAL” happens? “Real” meaning a mere push of our financial system by China? Or a military shove by Russia? Or something as simple as a “truth bomb” being released on the American public? Can an inventory of less than $200 million fiat dollars make good and keep hidden the core crime to the crime of the century? Is this why China is moving toward a physical exchange? Once they “take it out …they will take it up”!

Secret law has been anathema to our democracy since its Founding, but a federal appeals court just gave us more of it.

We might forgive the citizenry’s confusion, though, in attempting to square those principles with the decision by the Second Circuit Court of Appeals, published yesterday, holding that the government may continue to keep secret nine legal memoranda by the Justice Department’s Office of Legal Counsel analyzing the legality of targeted killings carried out by the US government. It was just more than a year ago that the same panel of the same court ordered the government to disclose key portions of a July 2010 OLC memorandum that authorized the targeted killing of an American citizen in Yemen. At the time, the court’s opinion seemed to promise at least a partial solution to a problem straight (as the district court in the same case put it) from Alice in Wonderland: that [a] thicket of laws and precedents … effectively allow the Executive Branch of our Government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws, while keeping the reasons for its conclusion a secret.

Yesterday’s opinion retreats from that promise by keeping much of the government’s law of the targeted killing program secret. (In this and two other cases, the ACLU continues to seek more than 100 other legal memoranda authored by various agencies concerning targeted killing.) It does so in two ways that warrant attention. First, the court suggests that OLC merely gives advice to executive branch agencies, and that OLC’s legal memoranda do not establish the “working law” of the government because agencies might not “adopt” the memoranda’s legal analysis as their own. This argument is legally flawed and, moreover, it flies in the face of the public evidence concerning how the executive branch treats opinions issued by OLC. In an OLC memorandum published, ironically or not, the same day (July 16, 2010) and over the same signature (David Barron’s) as the targeted killing memorandum released at the Second Circuit’s behest last year, the OLC explains that its “central function” is to provide “controlling legal advice to Executive Branch officials.” And not even two weeks ago, the acting head of the OLC told the public that even informally drafted legal advice emanating from his office is “binding by custom and practice in the executive branch,” that “[i]t’s the official view of the office, and that “[p]eople are supposed to and do follow it.”

There’s a lot that’s remarkable about last Tuesday’s Third Circuit decision in Hassan v. City of New York, which Faiza Patel cogently summarized in her post last week. In a nutshell, Hassan involves a challenge to secret intelligence operations carried out by the New York Police Department (NYPD) over the years since September 11 that allegedly targets Muslim communities “based on the false and stigmatizing premise that Muslim religious identity ‘is a permissible proxy for criminality, and that Muslim individuals, businesses, and institutions can therefore be subject to pervasive surveillance not visited upon individuals, businesses, and institutions of any other religious faith or the public at large.'” The district court had tersely granted the City’s motion to dismiss both because it concluded the plaintiffs lacked standing and because, in the alternative, it held that the plaintiffs had failed to overcome the pleading burden articulated by the Supreme Court in Iqbal. But the Third Circuit reversed on both fronts, holding that the plaintiffs’ allegations, if true, were more than enough to establish both that they had suffered an injury in fact sufficient to satisfy Article III standing, and that their equal protection and First Amendment claims were sufficiently plausible to satisfy Iqbal. To be sure, the Third Circuit’s decision is interlocutory — coming at a very preliminary stage in the litigation. But what I want to suggest in the post that follows is that, as much as any other post-September 11 judicial decision, Hassan represents the full-throated repudiation of the Supreme Court’s infamous World War II-era ruling in Korematsu v. United States that has been so long in coming — and so thoroughly overdue.

As I’ve written about before, Korematsu reflects two separate — but equally important — constitutional failures. The first failure was the internment policy itself, which we now know (and which the US government knew at the time) to have been a completely unnecessary — if not hysterical — overreaction to hyperbolic and (after Midway, at least) categorically overstated fears of a Japanese invasion of the West Coast. By itself, the camps were a dark stain on the history of civil liberties in the United States — albeit one of many, alas. But the second failure was, historically, the far more significant and unique one — the Supreme Court’s conscious constitutional rationalization of the internment policy, based upon a combination of naïveté on the Justices’ part and the affirmatively misleading (if not downright disingenuous) briefing by the federal government. As Justice Robert H. Jackson understood — and forcefully articulated — in his Korematsu dissent, the real violence to the “rule of law” resulting from the camps was thus not the underlying policy, but rather its validation by the Supreme Court. In his words, “a military commander may overstep the bounds of constitutionality, and it is an incident. But if we review and approve, that passing incident becomes the doctrine of the Constitution.”

But we’ve struggled somewhat with the second constitutional failure. The courts have repudiated Korematsu’s conviction; the Office of the Solicitor General has confessed error for its role in perpetuating the government’s misleading case before the Supreme Court; and scholars have suggested that Korematsu itself has become part of the “anti-canon” — the class of Supreme Court decisions so reviled that they are cited, if at all, in support of the wrongness of their holdings. But Korematsu itself remains on the books, as do broader concerns that courts are still vulnerable to Korematsu — style reasoning, i.e., that the need to protect national security might provide legal justification for government conduct that would otherwise be unjustifiable. Indeed, one need look no further than the ongoing debate over the SSCI’s torture report for evidence of the Korematsu mentality being alive and well.

In the future, technological innovation will also lead to a supply-side miracle, with long-term gains in efficiency and productivity. Transportation and communication costs will drop, logistics and global supply chains will become more effective, and the cost of trade will diminish, all of which will open new markets and drive economic growth.