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Paul Merrell

Spies worry over doomsday cache stashed by ex-NSA contractor Snowden | Reuters - 0 views

  • (Reuters) - British and U.S. intelligence officials say they are worried about a "doomsday" cache of highly classified, heavily encrypted material they believe former National Security Agency contractor Edward Snowden has stored on a data cloud. The cache contains documents generated by the NSA and other agencies and includes names of U.S. and allied intelligence personnel, seven current and former U.S. officials and other sources briefed on the matter said.The data is protected with sophisticated encryption, and multiple passwords are needed to open it, said two of the sources, who like the others spoke on condition of anonymity to discuss intelligence matters.The passwords are in the possession of at least three different people and are valid for only a brief time window each day, they said. The identities of persons who might have the passwords are unknown.
  • One source described the cache of still unpublished material as Snowden's "insurance policy" against arrest or physical harm.U.S. officials and other sources said only a small proportion of the classified material Snowden downloaded during stints as a contract systems administrator for NSA has been made public. Some Obama Administration officials have said privately that Snowden downloaded enough material to fuel two more years of news stories."The worst is yet to come," said one former U.S. official who follows the investigation closely.Snowden, who is believed to have downloaded between 50,000 and 200,000 classified NSA and British government documents, is living in Russia under temporary asylum, where he fled after traveling to Hong Kong. He has been charged in the United States under the Espionage Act.Cryptome, a website which started publishing leaked secret documents years before the group WikiLeaks or Snowden surfaced, estimated that the total number of Snowden documents made public so far is over 500.
  • Snowden's revelations of government secrets have brought to light extensive and previously unknown surveillance of phone, email and social media communications by the NSA and allied agencies. That has sparked several diplomatic rows between Washington and its allies, along with civil liberties debates in Europe, the United States and elsewhere.Among the material which Snowden acquired from classified government computer servers, but which has not been published by media outlets known to have had access to it, are documents containing names and resumes of employees working for NSA's British counterpart, the Government Communications Headquarters (GCHQ), sources familiar with the matter said.The sources said Snowden started downloading some of it from a classified GCHQ website, known as GC-Wiki, when he was employed by Dell and assigned to NSA in 2012.
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  • Glenn Greenwald, who met with Snowden in Hong Kong and was among the first to report on the leaked documents for the Guardian newspaper, said the former NSA contractor had "taken extreme precautions to make sure many different people around the world have these archives to insure the stories will inevitably be published.""If anything happens at all to Edward Snowden, he has arranged for them to get access to the full archives," Greenwald said in a June interview with the Daily Beast website. He added: "I don't know for sure whether has more documents than the ones he has given me... I believe he does."In an email exchange with Reuters, Greenwald, who has said he remains in contact with Snowden, affirmed his statements about Snowden's "precautions" but said he had nothing to add.Officials believe that the "doomsday" cache is stored and encrypted separately from any material that Snowden has provided to media outlets.
  • Sources familiar with unpublished material Snowden downloaded said it also contains information about the CIA - possibly including personnel names - as well as other U.S. spy agencies such as the National Reconnaissance Office and National Geospatial-Intelligence Agency, which operate U.S. image-producing satellites and analyze their data.U.S. security officials have indicated in briefings they do not know what, if any, of the material is still in Snowden's personal possession. Snowden himself has been quoted as saying he took no such materials with him to Russia.
Paul Merrell

Top-Secret Document Reveals NSA Spied On Porn Habits As Part Of Plan To Discredit 'Radicalizers' - 0 views

  • WASHINGTON -- The National Security Agency has been gathering records of online sexual activity and evidence of visits to pornographic websites as part of a proposed plan to harm the reputations of those whom the agency believes are radicalizing others through incendiary speeches, according to a top-secret NSA document. The document, provided by NSA whistleblower Edward Snowden, identifies six targets, all Muslims, as “exemplars” of how “personal vulnerabilities” can be learned through electronic surveillance, and then exploited to undermine a target's credibility, reputation and authority. The NSA document, dated Oct. 3, 2012, repeatedly refers to the power of charges of hypocrisy to undermine such a messenger. “A previous SIGINT" -- or signals intelligence, the interception of communications -- "assessment report on radicalization indicated that radicalizers appear to be particularly vulnerable in the area of authority when their private and public behaviors are not consistent,” the document argues. Among the vulnerabilities listed by the NSA that can be effectively exploited are “viewing sexually explicit material online” and “using sexually explicit persuasive language when communicating with inexperienced young girls.”
  • The Director of the National Security Agency -- described as "DIRNSA" -- is listed as the "originator" of the document. Beyond the NSA itself, the listed recipients include officials with the Departments of Justice and Commerce and the Drug Enforcement Administration. "Without discussing specific individuals, it should not be surprising that the US Government uses all of the lawful tools at our disposal to impede the efforts of valid terrorist targets who seek to harm the nation and radicalize others to violence," Shawn Turner, director of public affairs for National Intelligence, told The Huffington Post in an email Tuesday. Yet Jameel Jaffer, deputy legal director of the American Civil Liberties Union, said these revelations give rise to serious concerns about abuse. "It's important to remember that the NSA’s surveillance activities are anything but narrowly focused -- the agency is collecting massive amounts of sensitive information about virtually everyone," he said. "Wherever you are, the NSA's databases store information about your political views, your medical history, your intimate relationships and your activities online," he added. "The NSA says this personal information won't be abused, but these documents show that the NSA probably defines 'abuse' very narrowly."
  • None of the six individuals targeted by the NSA is accused in the document of being involved in terror plots. The agency believes they all currently reside outside the United States. It identifies one of them, however, as a "U.S. person," which means he is either a U.S. citizen or a permanent resident. A U.S. person is entitled to greater legal protections against NSA surveillance than foreigners are. Stewart Baker, a one-time general counsel for the NSA and a top Homeland Security official in the Bush administration, said that the idea of using potentially embarrassing information to undermine targets is a sound one. "If people are engaged in trying to recruit folks to kill Americans and we can discredit them, we ought to," said Baker. "On the whole, it's fairer and maybe more humane" than bombing a target, he said, describing the tactic as "dropping the truth on them." Any system can be abused, Baker allowed, but he said fears of the policy drifting to domestic political opponents don't justify rejecting it. "On that ground you could question almost any tactic we use in a war, and at some point you have to say we're counting on our officials to know the difference," he said.
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  • In addition to analyzing the content of their internet activities, the NSA also examined the targets' contact lists. The NSA accuses two of the targets of promoting al Qaeda propaganda, but states that surveillance of the three English-speakers’ communications revealed that they have "minimal terrorist contacts." In particular, “only seven (1 percent) of the contacts in the study of the three English-speaking radicalizers were characterized in SIGINT as affiliated with an extremist group or a Pakistani militant group. An earlier communications profile of [one of the targets] reveals that 3 of the 213 distinct individuals he was in contact with between 4 August and 2 November 2010 were known or suspected of being associated with terrorism," the document reads. The document contends that the three Arabic-speaking targets have more contacts with affiliates of extremist groups, but does not suggest they themselves are involved in any terror plots. Instead, the NSA believes the targeted individuals radicalize people through the expression of controversial ideas via YouTube, Facebook and other social media websites. Their audience, both English and Arabic speakers, "includes individuals who do not yet hold extremist views but who are susceptible to the extremist message,” the document states. The NSA says the speeches and writings of the six individuals resonate most in countries including the United Kingdom, Germany, Sweden, Kenya, Pakistan, India and Saudi Arabia.
  • The NSA possesses embarrassing sexually explicit information about at least two of the targets by virtue of electronic surveillance of their online activity. The report states that some of the data was gleaned through FBI surveillance programs carried out under the Foreign Intelligence and Surveillance Act. The document adds, "Information herein is based largely on Sunni extremist communications." It further states that "the SIGINT information is from primary sources with direct access and is generally considered reliable." According to the document, the NSA believes that exploiting electronic surveillance to publicly reveal online sexual activities can make it harder for these “radicalizers” to maintain their credibility. "Focusing on access reveals potential vulnerabilities that could be even more effectively exploited when used in combination with vulnerabilities of character or credibility, or both, of the message in order to shape the perception of the messenger as well as that of his followers," the document argues. An attached appendix lists the "argument" each surveillance target has made that the NSA says constitutes radicalism, as well the personal "vulnerabilities" the agency believes would leave the targets "open to credibility challenges" if exposed.
  • One target's offending argument is that "Non-Muslims are a threat to Islam," and a vulnerability listed against him is "online promiscuity." Another target, a foreign citizen the NSA describes as a "respected academic," holds the offending view that "offensive jihad is justified," and his vulnerabilities are listed as "online promiscuity" and "publishes articles without checking facts." A third targeted radical is described as a "well-known media celebrity" based in the Middle East who argues that "the U.S perpetrated the 9/11 attack." Under vulnerabilities, he is said to lead "a glamorous lifestyle." A fourth target, who argues that "the U.S. brought the 9/11 attacks on itself" is said to be vulnerable to accusations of “deceitful use of funds." The document expresses the hope that revealing damaging information about the individuals could undermine their perceived "devotion to the jihadist cause." The Huffington Post is withholding the names and locations of the six targeted individuals; the allegations made by the NSA about their online activities in this document cannot be verified. The document does not indicate whether the NSA carried out its plan to discredit these six individuals, either by communicating with them privately about the acquired information or leaking it publicly. There is also no discussion in the document of any legal or ethical constraints on exploiting electronic surveillance in this manner.
  • While Baker and others support using surveillance to tarnish the reputation of people the NSA considers "radicalizers," U.S. officials have in the past used similar tactics against civil rights leaders, labor movement activists and others. Under J. Edgar Hoover, the FBI harassed activists and compiled secret files on political leaders, most notably Martin Luther King, Jr. The extent of the FBI's surveillance of political figures is still being revealed to this day, as the bureau releases the long dossiers it compiled on certain people in response to Freedom of Information Act requests following their deaths. The information collected by the FBI often centered on sex -- homosexuality was an ongoing obsession on Hoover's watch -- and information about extramarital affairs was reportedly used to blackmail politicians into fulfilling the bureau's needs. Current FBI Director James Comey recently ordered new FBI agents to visit the Martin Luther King, Jr. Memorial in Washington to understand "the dangers in becoming untethered to oversight and accountability."
  • James Bamford, a journalist who has been covering the NSA since the early 1980s, said the use of surveillance to exploit embarrassing private behavior is precisely what led to past U.S. surveillance scandals. "The NSA's operation is eerily similar to the FBI's operations under J. Edgar Hoover in the 1960s where the bureau used wiretapping to discover vulnerabilities, such as sexual activity, to 'neutralize' their targets," he said. "Back then, the idea was developed by the longest serving FBI chief in U.S. history, today it was suggested by the longest serving NSA chief in U.S. history." That controversy, Bamford said, also involved the NSA. "And back then, the NSA was also used to do the eavesdropping on King and others through its Operation Minaret. A later review declared the NSA’s program 'disreputable if not outright illegal,'" he said. Baker said that until there is evidence the tactic is being abused, the NSA should be trusted to use its discretion. "The abuses that involved Martin Luther King occurred before Edward Snowden was born," he said. "I think we can describe them as historical rather than current scandals. Before I say, 'Yeah, we've gotta worry about that,' I'd like to see evidence of that happening, or is even contemplated today, and I don't see it."
  • Jaffer, however, warned that the lessons of history ought to compel serious concern that a "president will ask the NSA to use the fruits of surveillance to discredit a political opponent, journalist or human rights activist." "The NSA has used its power that way in the past and it would be naïve to think it couldn't use its power that way in the future," he said.
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    By Glenn Greenwald, Ryan Gallagher, and Ryan Grim, 26 November 2013. I will annotate later. But this is by far the most important NSA disclosure from Edward Snowden's leaked documents thus far. A report originated by Gen. Alexander himself revealing COINTELPRO like activities aimed at destroying the reputations of non-terrorist "radicalizers," including one "U.S. person." This is exactly the kind of repressive activity that the civil libertarians among us warn about. 
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    By Glenn Greenwald, Ryan Gallagher, and Ryan Grim, 26 November 2013. I will annotate later. But this is by far the most important NSA disclosure from Edward Snowden's leaked documents thus far. A report originated by Gen. Alexander himself revealing COINTELPRO like activities aimed at destroying the reputations of non-terrorist "radicalizers," including one "U.S. person." This is exactly the kind of repressive activity that the civil libertarians among us warn about. 
Paul Merrell

Hong Kong "Occupy Central" Protest Scripted in Washington. Leaders Mislead Grassroots | Global Research - 0 views

  • The slogans, leaders, and agenda of the “Occupy Central” movement are supposedly the manifestations of Hong Kong’s desire for “total democracy,” “universal suffrage,” and “freedom.” In reality, the leaders of “Occupy Central” are verified to be directly backed, funded, and directed by the US State Department, its National Endowment for Democracy (NED), and its subsidiary, the National Democratic Institute (NDI). Despite admitting this overwhelming evidence, many “Occupy Central” supporters still insist the protests are genuine and now some propose that the “Occupy Central” leadership does not truly represent the people of Hong Kong. While the leadership of “Occupy Central” indeed in no way represent the people of Hong Kong, the fact still remains that the protest itself was prearranged at least as early as April 2014, revealed by “Occupy Central” co-organizers Martin Lee and Anson Chan before NED in Washington DC.
  • The talk titled, “Why Democracy in Hong Kong Matters,” spanned an hour, with NED regional vice president Louisa Greve leading the duo through a full introduction of the “Occupy Central” movement, its characters, agenda, demands, and talking points. Anson Chan – Hong Kong’s Chief Secretary under British rule – in particular, with her perfect British accent, insisted repeatedly that the issue was China’s apparent backtracking on “deals” made with the UK over the handover of Hong Kong in the late 1990′s. Lee, as well as members of the audience, repeatedly stated that Hong Kong’s role was to “infect” mainland China with its Western-style institutions, laws, and interests. Lee also repeatedly appealed to Washington specifically to ensure they remained committed to defending American interests in Hong Kong. Both Lee and Chan would also state that since China appears to be concerned over global perception of how it rules its people, this could be exploited to excise from Beijing concessions over Hong Kong’s governance. This included mention of previous protests, including those led by “activist” Joshua Wong and his suspicious “Scholarism” organization that has been tracked since at least 2012 by the US State Department’s NDI. And of course, future destabilization was submitted as a viable solution to bending Beijing toward Western concessions.
  • For those able to listen to the entire 1 hour interview as well as questions and answers, the entire “Occupy Central” narrative is laid bare, verbatim, in Washington DC months before demonstrations began in the streets of Hong Kong. For a supposed “pro-democracy” protest seeking self-governance and self-determination and denouncing “interference” from Beijing, that their leaders are funded by foreign interests, and the plans for “Occupy Central” laid in a foreign capital is ironic at best – utter and very intentional deceit at worst.
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  • Laid bare is “Occupy Central’s” true agenda. It is not about having Hong Kong vote for who they desire to see in power, it is about getting the foreign-backed political cabal behind “Occupy Central” into power, and disarming Beijing of any means to prevent what is for all intents and purposes the “soft” recolonization of Hong Kong, and a further attempt to divide and destabilize China as a whole.
Paul Merrell

Asia Times Online :: It was Putin's missile! - 0 views

  • And here's the spin war verdict: the current Malaysia Airlines tragedy - the second in four months - is "terrorism" perpetrated by "pro-Russian separatists", armed by Russia, and Vladimir Putin is the main culprit. End of story. Anyone who believes otherwise, shut up. Why? Because the CIA said so. Because Hillary "We came, we saw, he died" Clinton said so. Because batshit crazy Samantha "R2P" Power said so - thundering at the UN, everything duly printed by the neo-con infested Washington Post. [1] Because Anglo-American corporate media - from CNN to Fox (who tried to buy Time Warner, which owns CNN) - said so. Because the President of the United States (POTUS) said so. And mostly because Kiev had vociferously said so in the first place.
  • Right off the bat they were all lined up - the invariably hysterical reams of "experts" of the "US intelligence community" literally foaming at their palatial mouths at "evil" Russia and "evil" Putin; intel "experts" who could not identify a convoy of gleaming white Toyotas crossing the Iraqi desert to take Mosul. And yet they have already sentenced they don't need to look any further, instantly solving the MH17 riddle.
  • It doesn't matter that President Putin has stressed the MH17 tragedy must be investigated objectively. And "objectively" certainly does not mean that fictional "international community" notion construed by Washington - the usual congregation of pliable vassals/patsies. And what about Carlos?
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  • A simple search at reveals that MH17 was in fact diverted 200 kilometers north from the usual flight path taken by Malaysia Airlines in the previous days - and plunged right in the middle of a war zone. Why? What sort of communication MH17 received from Kiev air control tower? Kiev has been mute about it. Yet the answer would be simple, had Kiev released the Air Traffic Control recording of the tower talking to flight MH17; Malaysia did it after flight MH370 disappeared forever. It won't happen; SBU security confiscated it. So much for getting an undoctored explanation on why MH17 was off its path, and what the pilots saw and said before the explosion. The Russian Defense Ministry, for its part, has confirmed that a Kiev-controlled Buk anti-aircraft missile battery was operational near the MH17's crash. Kiev has deployed several batteries of Buk surface-to-air missile systems with at least 27 launchers; these are all perfectly capable of bringing down jets flying at 33,000 ft.
  • Radiation from a battery's Kupol radar, deployed as part of a Buk-M1 battery near Styla (a village some 30km south of Donetsk) was detected by the Russian military. According to the ministry, the radar could be providing tracking information to another battery which was at a firing distance from MH17's flight path. The tracking radar range on the Buk system is a maximum of 50 miles. MH17 was flying at 500 mph. So assuming the "rebels" had an operational Buk and did it, they would have had not more than five minutes to scan all the skies above, all possible altitudes, and then lock on. By then they would have known that a cargo plane could not possibly be flying that high. For evidence supporting the possibility of a false flag, check here.
  • And then there's the curiouser and curiouser story of Carlos, the Spanish air traffic controller working at Kiev's tower, who was following MH17 in real time. For some Carlos is legit - not a cipher; for others, he's never even worked in Ukraine. Anyway he tweeted like mad. His account - not accidentally - has been shut down, and he has disappeared; his friends are now desperately looking for him. I managed to read all his tweets in Spanish when the account was still online - and now copies and an English translation are available. These are some of his crucial tweets: "The B777 was escorted by 2 Ukrainian fighter jets minutes before disappearing from radar (5.48 pm)" "If the Kiev authorities want to admit the truth 2 fighter jets were flying very close a few minutes before the incident but did not shoot down the airliner (5.54)" "As soon as the Malaysia Airlines B777 disappeared the Kiev military authority informed us of the shooting down. How did they know? (6.00)"
  • "Everything has been recorded on radar. For those that don't believe it, it was taken down by Kiev; we know that here (in traffic control) and the military air traffic control know it too (7.14)" "The Ministry of the Interior did know that there were fighter aircraft in the area, but the Ministry of Defense didn't. (7.15)" "The military confirm that it was Ukraine, but it is not known where the order came from. (7.31)" Carlos's assessment (a partial compilation of his tweets is collected here http://slavyangrad.wordpress.com/2014/07/18/spanish-air-controller-kiev-borispol-airport-ukraine-military-shot-down-boeing-mh17/ ): the missile was fired by the Ukraine military under orders of the Ministry of Interior - NOT the Ministry of Defense. Security matters at the Ministry of the Interior happen to be under Andriy Parubiy, who was closely working alongside US neo-cons and Banderastan neo-nazis on Maidan.
  • Assuming Carlos is legit, the assessment makes sense. The Ukrainian military are divided between Chocolate king President Petro Poroshenko - who would like a d?tente with Russia essentially to advance his shady business interests - and Saint Yulia Timoshenko, who's on the record advocating genocide of ethnic Russians in Eastern Ukraine. US neo-cons and US "military advisers" on the ground are proverbially hedging their bets, supporting both the Poroshenko and Timoshenko factions. So who profits? The key question remains, of course, cui bono? Only the terminally brain dead believe shooting a passenger jet benefits the federalists in Eastern Ukraine, not to mention the Kremlin. As for Kiev, they'd have the means, the motive and the window of opportunity to pull it off - especially after Kiev's militias have been effectively routed, and were in retreat, in the Donbass; and this after Kiev remained dead set on attacking and bombing the population of Eastern Ukraine even from above. No wonder the federalists had to defend themselves.
  • And then there's the suspicious timing. The MH17 tragedy happened two days after the BRICS announced an antidote to the IMF and the World Bank, bypassing the US dollar. And just as Israel "cautiously" advances its new invasion/slow motion ethnic cleansing of Gaza. Malaysia, by the way, is the seat of the Kuala Lumpur War Crimes Commission, which has found Israel guilty of crimes against humanity. Washington, of course, does profit. What the Empire of Chaos gets in this case is a ceasefire (so the disorganized, battered Kiev militias may be resupplied); the branding of Eastern Ukrainians as de facto "terrorists" (as Kiev, Dick Cheney-style, always wanted); and unlimited mud thrown over Russia and Putin in particular until Kingdom Come. Not bad for a few minutes' work. As for NATO, that's Christmas in July. From now on, it all depends on Russian intelligence. They have been surveying/tracking everything that happens in Ukraine 24/7. In the next 72 hours, after poring over a lot of tracking data, using telemetry, radar and satellite tracking, they will know which type of missile was launched, where from, and even produce communications from the battery that launched it. And they will have access to forensic evidence.
  • Unlike Washington - who already knows everything, with no evidence whatsoever (remember 9/11?) - Moscow will take its time to know the basic journalistic facts of what, where, and who, and engage on proving the truth and/or disproving Washington's spin. The historical record shows Washington simply won't release data if it points to a missile coming from its Kiev vassals. The data may even point to a bomb planted on MH17, or mechanical failure - although that's unlikely. If this was a terrible mistake by the Novorossiya rebels, Moscow will have to reluctantly admit it. If Kiev did it, the revelation will be instantaneous. Anyway we already know the hysterical Western response, no matter what; Russia is to blame. Putin is more than correct when he stressed this tragedy would not have happened if Poroshenko had agreed to extend a cease-fire, as Merkel, Hollande and Putin tried to convince him in late June. At a minimum, Kiev is already guilty because they are responsible for safe passage of flights in the airspace they - theoretically - control. But all that is already forgotten in the fog of war, tragedy and hype. As for Washington's hysterical claims of credibility, I leave you with just one number: Iran Air 655.
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    Pepe Escobar again.  Cui bono, indeed. It's the first question that should be asked when investigating any mystery.  
Paul Merrell

Obama halted NSA spying on IMF and World Bank headquarters | Reuters - 0 views

  • (Reuters) - President Barack Obama has ordered the National Security Agency to stop eavesdropping on the headquarters of the International Monetary Fund and World Bank as part of a review of intelligence gathering activities, according to a U.S. official familiar with the matter.
  • The first official said Obama had ordered a halt to such practices within the last few weeks, about the same time he instructed the NSA to curtail eavesdropping on the United Nations headquarters in New York.
  • It is no secret that U.S. spy agencies historically have collected and analyzed information related to economic affairs - in public briefings to Congress, top intelligence officials have discussed assessments of economic issues.But a former senior U.S. intelligence official said that the Obama Administration had put greater emphasis and resources than predecessors into collecting and assessing economic information.In February 2009, shortly after Obama entered the White House, the Central Intelligence Agency began producing a new "Economic Intelligence Brief" for him to review along with the regular President's Daily Brief on international security and threats.Leon Panetta, Obama's first CIA director, said at the time the change was aimed at understanding the implications of the global economic crisis, and that the agency was considering hiring more economic analysts.The former U.S. intelligence official noted that insider detail on economic policy developments - for example, financial crises affecting the economies of European countries such as Greece, Italy and Spain, and the stability of the Euro - is the type of critical information U.S. policymakers welcome.
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  • The desire by U.S. policymakers for such information could help explain why NSA collected information on foreign leaders such as Merkel. Her cellphone number was listed in a NSA targeting document, which German media outlets apparently obtained from Snowden's cache. U.S. officials have now indicated that much NSA eavesdropping on Merkel and other allied leaders is likely to be curtailed if not halted.
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    Heaven forbid that anyone should even suspect that the NSA's economic intelligence is also being used by banksters to make investment decisions. No every NSA and NSA contractor staffer can be trusted to never disclose NSA secrets to others... er ... except Edward Snowden and he gave those secrets to journalists, not to banksters. The rest can all be trusted, no matter how much money they are offered. 
Paul Merrell

Milosevic prosecutor claims top ICC official bowing to Israeli, US pressure | The Electronic Intifada - 0 views

  • The chief prosecutor of the International Criminal Court (ICC) is appealing a ruling ordering her to reconsider her decision not to investigate Israel’s lethal attack on an aid flotilla to Gaza five years ago. But Geoffrey Nice, lead counsel for victims and families of those killed in the Israeli attack on the Mavi Marmara, told The Electronic Intifada that the arguments Chief Prosecutor Fatou Bensouda has put forward are “complete hogwash.” Nice, who worked for the International Criminal Tribunal for the Former Yugoslavia from 1998 to 2006, led the prosecution of former Serbian President Slobodan Milošević. Nice and his law firm Stoke and White also represent the government of Comoros, the Indian Ocean archipelago state where the Mavi Marmara is registered. Instead of doing her job and properly investigating the case, Nice said, Bensouda’s appeal is “a last ditch attempt to do what would be expected of her by the US and supporters of Israel.”
  • A professor of law at London’s Gresham College who has previously represented victims before the ICC, Nice said he doubted that Bensouda even had a right to go to the appeal judges at this stage. He said his first legal response would be to ask them to throw her appeal out on procedural grounds. Serious errors Earlier this month, a panel of ICC judges found in a scathing 2-1 ruling that Bensouda had made serious errors of fact and law in her decision not to pursue the case. They said that the chief prosecutor had underestimated the seriousness and international significance of the crimes and ordered her to review her decision not to proceed with an investigation into the attack. In the early hours of 31 May 2010, Israeli commandos boarded and seized the flotilla boats in international waters in the eastern Mediterranean. Israeli forces carried out a particularly violent armed attack on the largest vessel, Mavi Marmara, killing nine persons. A tenth victim died of his injuries in June 2014. The victims were all Turkish citizens. One of them, 18-year-old Furkan Doğan, was also a US citizen.
  • The initial request for the ICC to investigate the killings was submitted in 2013 by Comoros. Bensouda decided not to proceed with a full investigation in November 2014. Ignoring evidence In a notice of appeal filed Monday, Chief Prosecutor Bensouda says that the judges overstepped their mandate and trampled on her prosecutorial discretion by ordering her to review the case. She also claims that the ruling gives her no clear explanation of how to review her decision. But Nice said that her claims are “absolute rubbish” and the judges’ ruling is very clear about what matters and evidence should be looked at again. The judges’ 16 July ruling lists a long litany of errors by the prosecutor.
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  • These include that Bensouda “wilfully ignored” evidence submitted by Comoros that Israeli forces “fired live ammunition from the boats and the helicopters before the [Israeli forces] forces boarded the Mavi Marmara.” This information was supplemented by the UN Human Rights Council fact-finding mission and autopsy reports, which, according to the evidence submitted by Comoros, “indicate that persons were shot from above.” Intent to kill “For the purpose of her decision” whether or not to investigate, the judges conclude, “the prosecutor should have accepted that live fire may have been used prior to the boarding of the Mavi Marmara, and drawn the appropriate inferences.” “This fact is extremely serious and particularly relevant to the matter under consideration,” the ruling continues, “as it may reasonably suggest that there was, on the part of the [Israeli] forces who carried out the identified crimes, a prior intention to attack and possibly kill passengers on board the Mavi Marmara.” The judges also fault Bensouda for failing to properly consider the impact of the crimes beyond the immediate victims.
  • srael’s violent actions against the Mavi Marmara would, the judges write, “have sent a clear and strong message to the people in Gaza (and beyond) that the blockade of Gaza was in full force and that even the delivery of humanitarian aid would be controlled and supervised by the Israeli authorities.” Rule of law Nice says the stakes are high – not just for this case but for other Palestine-related matters that might come before the ICC. In January, the court began a preliminary probe, at the request of the Palestinian Authority, that will include Israel’s attack on Gaza last summer that killed more than 2,200 Palestinians. Will such cases be handled according to the “rule of law,” Nice asks, or will victims witness “officials of the highest rank seeming yet again to bend the knee to the interests of Israel and the US?”
Paul Merrell

Asia Times Online :: NATO attacks! - 0 views

  • You don't need to be a neo-Foucault hooked on Orwellian/Panopticon practices to admire the hyper-democratic "ring of steel" crossing average roads, parks and even ringing castle walls to "protect" dozens of NATO heads of state and ministers, 10,000 supporting characters and 2,000 journalists from the real world in Newport, Wales - and beyond. NATO's summit in Wales also provides outgoing secretary-general Anders "Fogh of War" Rasmussen the chance to display his full <a href='http://asianmedia.com/GAAN/www/delivery/ck.php?n=a9473bc7&cb=%n' target='_blank'><img src='http://asianmedia.com/GAAN/www/delivery/avw.php?zoneid=36&cb=%n&n=a9473bc7&ct0=%c' border='0' alt='' ></a> attack dog repertoire. It's as if he's auditioning for a starring role in a remake of Tim Burton's epic Mars Attacks!
  • Fogh of War is all over the place, talking "pre-positioning of supplies, equipment" - euphemism for weapons; boosting bases and headquarters in host countries; and touting a 10,000-strong, rapid reaction "spearhead" force to respond to Russian "aggression" and deployable in a maximum of five days. Meanwhile, in a bad cop-bad cop routine, outgoing president of the European Commission, outstanding mediocrity Jose Manuel Barroso, leaked that Russian President Vladimir Putin told him over the phone later last week he could take Kiev in a fortnight if he wanted. Well, Putin could. If he wanted. But he doesn't want it. What matters is what he told Rossiya state TV; that Kiev should promote inclusive talks about the future statute of Eastern Ukraine. Once again, the Western spin was that he was advocating the birth of a Novorossiya state. Here, The Saker analyzes in detail the implications of what Russia really wants, and what the Novorossiya forces really want.
  • NATO somehow is already in Ukraine. A NATO cyber center group has been in Kiev since March, operating in the building of the Council of National Security and Defense. So it is a bunch of NATO bureaucrats who actually determine the news agenda in Ukraine - and the non-stop demonization of all things Russia. Ukraine is all about Germany now. Berlin wants a political solution. Fast. Berlin wants Russian gas flowing via Ukraine again. Fast. Berlin does not want US missile defense in Eastern Europe - no matter what the Baltic states scream. That's why Poroshenko's latest "Invasion! Invasion! Invasion!" craze is nothing but pure desperation by a lowly, bankrupt vassal of the Empire of Chaos. Of course that does not prevent Fogh of War - who got the NATO job because he was an enthusiastic cheerleader of the rape of Iraq - to keep crying "Invasion!" till all Danish retrievers come home.
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  • And then there's NATO's recent record. An ignominious defeat in Afghanistan. A "humanitarian" bombing that reduced once-stable Libya to a miserable failed state immersed in total anarchy and ravaged by rabid militias. Not exactly fabulous PR for NATO's future as a coalition assembly line with global "vocation", capable of pulling off expeditionary wars all around the world by creating the appearance of a military and political consensus unified by - what else - an Empire of Chaos doctrine: NATO's "strategic concept" approved at the 2010 Lisbon summit. (See US a kid in a NATO candy store, Asia Times Online, November 25, 2010.) Since those go-go "Bubba" Clinton years; through the "pre-emptive" Dubya era; and now under the R2P dementia of Obama's warring Medusas (Rice, Power, Hillary), the Pentagon dreams of NATO as global Robocop, dominating all the roles embodied by the UN and the EU in terms of security. This has absolutely nothing to do with the original collective defense of NATO signatories against possible territorial attacks. Oh, sorry; we forgot the attacks by those (non-existent) nuclear missiles deployed by evil Iran.
  • The Ukraine battleground at least has the merit of showing the alliance is naked. For the Full Spectrum Dominance Pentagon, what really matters above all is something that's been actually happening since the fall of the Soviet Union; unlimited NATO expansion to the westernmost borders of Russia. The real deal this September is not NATO. It's the SCO's summit. Expect the proverbial tectonic shifts of geopolitical plaques in the upcoming meeting of the Shanghai Cooperation Organization - a shift as far-reaching as when the Ottoman empire failed at the gates of Vienna in 1683. On the initiative of Russia and China, at the SCO summit, India, Pakistan, Iran and Mongolia will be invited to become permanent members. Once again, the battle lines are drawn. NATO vs SCO. NATO vs BRICS. NATO vs Global South. Therefore, NATO attacks!
Paul Merrell

Israel Crosses the Threshold II: The Nixon Administration Debates the Emergence of the Israeli Nuclear Program - 0 views

  • Washington, D.C., September 12, 2014 – During the spring and summer of 1969, officials at the Pentagon, the State Department, the Central Intelligence Agency, and the White House debated and discussed the problem of the emergence of a nuclear Israel. Believing that Israel was moving very close to a nuclear weapons capability or even possession of actual weapons, the Nixon administration debated whether to apply pressure to restrain the Israelis or even delay delivery of advanced Phantom jets whose sale had already been approved. Recently declassified documents produced in response to a mandatory declassification review request by the National Security Archive, and published today by the Archive in cooperation with the Nuclear Proliferation International History Project, show that top officials at the Pentagon were especially supportive of applying pressure on Israel. On 14 July 1969, Deputy Secretary of Defense (and Hewlett-Packard co-founder) David Packard signed a truly arresting memorandum to Secretary of Defense Melvin Laird, arguing that failure to exert such pressure "would involve us in a conspiracy with Israel which would leave matters dangerous to our security in their hands." In the end, Laird and Packard and others favoring pressure lost the debate. While National Security Advisor Henry Kissinger supported some of their ideas, he also believed that, at the minimum, it would be sufficient for U.S. interests if Israel kept their nuclear activities secret. As he put on his draft memo to President Nixon on or around July 19, "public knowledge is almost as dangerous as possession itself." Indeed, Nixon opposed pressure and was willing to tolerate Israeli nuclear weapons as long as they stayed secret.
  • Earlier this year (2014), in response to a mandatory declassification review appeal filed by the National Security Archive in July 2009, the Interagency Security Classification Appeal Panel (ISCAP) declassified additional documents and information that shed brighter light on this highly sensitive policy debate. NSSM 40 is now declassified and published for the first time as is the formal interagency response to it. The intelligence reports prepared during the NSSM process remain classified, however. These along with other documents in the ISCAP release (including records that were declassified in 2007 and material published in 2006) elucidate the complexity and the enormous sensitivity of the internal debate over how far to apply pressure and what exactly the U.S. should ask of Israel. The interagency response revealed unanimity in goals-Israel should sign the Nuclear Nonproliferation Treaty (NPT) and halt its weapons program-but exposed significant divisions over how far Israel should be pressed and whether Washington should use military sales-in particular, withholding the delivery of Phantom jets, as leverage. There were also differences in how various officials assessed and conceptualized Israel's nuclear status at that time, and what commitments could realistically be asked of Israel. It might well be that the split of opinion between Defense and State allowed President Nixon even more freedom in making his own decision.
  • It appears now that a long memorandum written by Assistant Secretary of Defense Paul Warnke, a holdover from the Lyndon Johnson administration, to the new secretary of defense, Melvin Laird, was important element in the instigation of NSSM 40. Believing that it would be a danger to US interests if Israel acquired nuclear weapons, Warnke argued in his memo of 15 February 1969 that the United States must respond to the new Israeli nuclear reality and asked Laird to "consider another serious, concerted, and sustained effort to persuade Israel to halt its work on strategic missiles and nuclear weapons." Warnke believed that Washington must be ready to exert heavy pressure on Israel, starting with a presidential demarche. The view that it would be a danger to US security interests if Israel acquired nuclear weapons was at that time a largely non-partisan matter. Senior Democrats and Republicans within both the Johnson and Nixon administrations held that view, and both Laird and his deputy David Packard were responsive to Warnke's arguments that the US should apply pressure. To some extent, as Packard suggested in his July memorandum, even Kissinger seems at one time to have been part of that consensus, though his views were somewhat more subtle and variable. This nonpartisan consensus highlights how at the end independent-in fact, secretive and aloof-President Nixon was as he made his own decisions on the matter. Thus, he ruled against using the Phantoms as pressure and in doing so left the United States with no leverage whatsoever.
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  • The historical picture is far from complete in other areas as well. Most intriguing, we still do not know much about President Nixon's direct involvement in the debate, in particular exactly how, when, and why he ultimately overruled strong advice from senior officials to use pressure against the Israeli government. A draft Kissinger memorandum, declassified in 2007 and included in today's publication, sheds some light on why Nixon may have concluded that keeping the Israeli nuclear program a secret was the optimum solution. Certainly the outcome of the Nixon-Meir secret understanding-which left the Israeli program in place and secret-was significantly different from the recommendations of his key officials (not withstanding National Security Advisor, Henry Kissinger), but to this day we have almost no paper trail on the most important element in the policy puzzle: what exactly went on during the Nixon-Meir one-on-one meeting of 26 September 1969. Indeed, it appears that no record exists in the national archives of either country that reveals what was agreed to at the meeting
  • THE DOCUMENTS Except for documents 2, 8, and 10, the following documents are from a file, Israel 471.61, in the 1969 Top Secret records of Secretary of Defense Melvin Laird and his deputy David Packard held at the Federal Records Center in Suitland, Maryland. The file was the subject of a 2006 mandatory declassification review request that led to a final appeal in 2009 by the National Security Archive to ISCAP, which released more information earlier this year.
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    An important step along the path toward Israel's current dictation of U.S. foreign policy in the Mideast. Once acquired, Israel let be known its Samson Option, its national policy to take out all Mideast major cities with nukes if Israel was attacked and was about to fall.  
Gary Edwards

Civil Unrest Ahead - LewRockwell.com - 0 views

  • The Victimized Inner Cities
  • This social disruption has motivated the enthusiastic growth and militarization of our local police departments. The law and order crowd thrives on excessive laws and regulations that no US citizen can escape. The out-of-control war on drugs is the worst part, and it generates the greatest danger in poverty-ridden areas via out-of-control police. It is estimated that these conditions have generated up to 80,000 SWAT raids per year in the United States. Most are in poor neighborhoods and involve black homes and businesses being hit disproportionately. This involves a high percentage of no-knock attacks. As can be expected many totally innocent people are killed in the process. Property damage is routine and compensation is rare. The routine use of civil forfeiture of property has become an abomination, totally out of control, which significantly contributes to the chaos. It should not be a surprise to see resentment building up against the police under these conditions. The violent reaction against local merchants in retaliation for police actions further aggravates the situation —hardly a recipe for a safe neighborhood.
  • Civil liberties are ignored by the police, and the private property of innocent bystanders is disregarded by those resenting police violence.
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  • The entitlement mentality is a source of much anger and misunderstanding. It leads people who see themselves as victims to one conclusion: they are entitled to be taken care of.
  • If one trillion dollars per year doesn’t do the job, then make it $2 trillion. If the war on poverty’s $16 trillion hasn’t worked, make it $32 trillion.
  • The wealthy special interests, such as banks, the military-industrial complex, the medical industry, the drug industry, and many other corporatists, quickly gain control of the system.
  • Honest profits of successful entrepreneurs are quite different than profits of the corporate elite who gain control of the government and, as a consequence, accumulate obscene wealth by “robbing” the middle class.
  • To blame and destroy those who make an honest living by satisfying consumers without the use of special benefits from the government is destructive to liberty and wealth.
  • Crumbs may be thrown to the poor, but the principle of wealth transfer is hijacked and used for corporate and foreign welfare instead of wealth transfers to the poor.
  • True satisfaction comes from productive effort and self-reliance and not from a government transferring wealth in an effort to bring about an egalitarian society.
  • The people have too little confidence that most problems can be solved in a voluntary manner in a society that cherishes civil liberties. There’s never an admission that government problem-solving doesn’t work. Government-created problems are a road to poverty and resentment. Too many people believe that “free stuff” from the government can solve our problems. They mistakenly believe that deficits don’t matter and that wealth can come from a printing press.
  • The high profile episodes of police violence and overreaction are a consequence of conditions that in many ways were generated by government policy.
  • equal justice requires the end of welfare redistribution
  • Retraining the police won’t touch the complex problems that pit the police against the victims of complex social conditions generated by hate, violence and bad economic policies.
  • Redistribution is a process that is always destined to help a small minority, whether in an economy like ours that endorses central economic planning or in one run by radical fascists or communists.
  • Under an authoritarian regime, those in power take care of themselves. This always leads to poverty and discrepancy in wealth distribution.
  • Eventually the social strife that is predictable leads to an overthrow of the government.
  • The strife that we are witnessing is a reflection of a growing number of people who are recognizing the discrepancy between rich and poor, the weak and the powerful, Wall Street and Main Street.
  • Both political parties are financed by Wall Street, the big banks, and the military-industrial complex. Getting rich by being part of the government class is the problem.
  • Indeed the rich are getting richer and the poor poorer. The extreme current inequality is not a consequence of free markets and true liberty. Rather it results from the welfare state that, as always, morphs into a system that provides excesses for the powerful few.
  • The economic interventionist system under which we live today rewards those who benefit from government economic planning by the Federal Reserve, access to government contracts, and targeted special regulations to help one group over the other
  • There are two problems. First is conceding the principle that government has the moral authority to redistribute wealth. Second is believing the redistribution will be managed wisely and without corruption.
  • Police brutality and militarization may well induce a violent event far beyond what we have seen in Ferguson. It also can serve as an excuse. But it is not the root cause of turmoil. The real cause is poverty, the entitlement mentality, and the breakdown of the rule of law. Moral decay and the national police state are the real culprits.
  • We must limit the government’s role to protecting equal justice in defense of life, liberty, and property.
  • We have too many police, too many laws, and too much exemption of government officials from the crimes they commit.
  • There has to be an understanding that productive effort and self-reliance on the part of everyone is required for a free society to thrive.
  • The loss of our liberty has sharply accelerated since the 9/11 attacks. We have done to ourselves what no foreign enemy could have possibly accomplished.
  • Welfare, for the rich or poor, cannot exist without the sacrifice of the principal of property ownership.
  • The national police are made up of over 100,000 bureaucrats and police officials who carry guns to enforce federal law on the American citizens.
  • Today every American is a suspect. Our president has established a policy that an American citizen can be assassinated without even being charged with a crime.
  • The Founders and our Constitution intended that policing powers would be the responsibility of the individual states. That was forgotten a long time ago
  • the Feds are there taking charge over all local officials and property owners,
  • The Founders did not even want a standing army. They wanted only a militia.
  • Old-fashioned colonialism was deemed necessary by various European powers to secure natural resources along with control over sea lanes and markets for selling manufactured goods.
  • European-style colonialism — supporting a mercantilistic economy — came to be seen as politically unrealistic and unnecessary.
  • We are now subject to an out-of-control domestic police force while the US military maintains our Empire overseas.
  • When free-trade principles were utilized, colonialism did not die; it only changed form. Mercantilism in various forms and degrees drove trade policies of nations with strong economies and militaries.
  • The United States military presence around the world provides a “private” police force to protect US and other international companies against any local resistance or leaders that turn unfriendly. Our military presence overseas has nothing to do with protecting our freedoms and defending our Constitution.
  • The international monetary system is a powerful tool for the select few.
  • In fact, the real heroes are the ones who expose the truth and refuse to fight foreign wars for the international corporations.
  • The “one percenters,” generally speaking, are internationalists who are not champions of individual liberty and free trade. They are supporters of managed trade and international institutions like the WTO where the interests of the one percent can influence the rulings that frequently have little to do with advancing advertised goals of low tariffs and free trade.
  • Disengaging our troops from around the world and refusing to defend American neocolonialism is pursuing a course compatible with the qualities that Americans claim to stand for.
  • The obsession with continuing all the same policies has increased our poverty, increased violence between the classes, and lowered the standard of living for all except the elite one percent. And worst of all, the sacrifice of liberty was for naught.
  • Losing both liberty and the right to truly own property undermines the ability to create wealth.
  • When this process gets out-of-control the economy goes into a death spiral, in the beginning of which we currently find ourselves. Without a correction to the basic understanding of the proper role of government, the downward spiral will continue.
  • Tax revenues will continue to rise, aiding the policy of the government spending the people’s money rather than those who earned it.
  • Wall Street will be protected, and the trillions of dollars of big banks derivatives will be absorbed by the Fed, the FDIC, and ultimately by the American taxpayers in the next financial crisis.
  • There’s no doubt the poor will get poorer and the rich richer until the spirit of revolution in the people calls a halt to the systematic destruction of freedom in America.
  • Authoritarianism has overtaken our economic system as the welfare mentality takes over at every level of government.
  • Once the initiation of force by government is accepted by the people, even minimally, it escalates and involves every aspect of society. The only question that remains is just who gets to wield the power to distribute the largess to their friends and chosen beneficiaries.
  • It’s a recipe for steady growth of the government at the expense of liberties, even if official documents and laws written to limit government power are in place.
  • Restraining the few who thrive on the use of force to rule over us is the challenge. Fortunately they are outnumbered by those who would choose liberty yet lack the will to challenge the humanitarian monsters who gain support from naive and apathetic citizens.
  • The sentiments supporting secession, jury nullification, nullification of federal laws by state legislatures, and a drive for more independence from larger governments will continue.
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    "If Americans were honest with themselves they would acknowledge that the Republic is no more. We now live in a police state. If we do not recognize and resist this development, freedom and prosperity for all Americans will continue to deteriorate. All liberties in America today are under siege. It didn't happen overnight. It took many years of neglect for our liberties to be given away so casually for a promise of security from the politicians. The tragic part is that the more security was promised - physical and economic - the less liberty was protected. With cradle-to-grave welfare protecting all citizens from any mistakes and a perpetual global war on terrorism, which a majority of Americans were convinced was absolutely necessary for our survival, our security and prosperity has been sacrificed. It was all based on lies and ignorance. Many came to believe that their best interests were served by giving up a little freedom now and then to gain a better life. The trap was set. At the beginning of a cycle that systematically undermines liberty with delusions of easy prosperity, the change may actually seem to be beneficial to a few. But to me that's like excusing embezzlement as a road to leisure and wealth - eventually payment and punishment always come due. One cannot escape the fact that a society's wealth cannot be sustained or increased without work and productive effort. Yes, some criminal elements can benefit for a while, but reality always sets in. Reality is now setting in for America and for that matter for most of the world. The piper will get his due even if "the children" have to suffer. The deception of promising "success" has lasted for quite a while. It was accomplished by ever-increasing taxes, deficits, borrowing, and printing press money. In the meantime the policing powers of the federal government were systematically and significantly expanded. No one cared much, as there seemed to be enough "gravy" for the rich, th
Paul Merrell

C.I.A. Officer Is Found Guilty in Leak Tied to Times Reporter - NYTimes.com - 0 views

  • Jeffrey A. Sterling, a former Central Intelligence Agency officer, was convicted of espionage Monday on charges that he told a reporter for The New York Times about a secret operation to disrupt Iran’s nuclear program.The conviction is a significant victory for the Obama administration, which has conducted an unprecedented crackdown on officials who speak to journalists about security matters without the administration’s approval. Prosecutors prevailed after a yearslong fight in which the reporter, James Risen, refused to identify his sources.
  • On the third day of deliberations, the jury in federal court in Alexandria, Va., convicted Mr. Sterling on nine felony counts. Mr. Sterling, who worked for the C.I.A. from 1993 to 2002 and now lives in O’Fallon, Mo., faces a maximum possible sentence of decades in prison, though the actual sentence is likely to be far shorter. Judge Leonie M. Brinkema of Federal District Court, who presided over the weeklong trial, allowed Mr. Sterling to remain free on bond and set sentencing for April 24.
  • The Justice Department had no direct proof that Mr. Sterling, who managed the Iranian operation, provided the information to Mr. Risen, but prosecutors stitched together a strong circumstantial case.
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  • The trial was part Washington spectacle, part cloak and dagger. Former Secretary of State Condoleezza Rice testified, as did C.I.A. operatives who gave only their first names and last initials, with their faces shielded behind seven-foot-high partitions. A scientist was referred to only by his code name, Merlin. His wife was Mrs. Merlin.Officials revealed their preferred strategies for persuading reporters not to run sensitive stories. Jurors learned that, at the C.I.A.’s office in New York, employees could easily walk out with classified documents and never be searched.
  • Mr. Sterling is the latest in a string of former officials and contractors the Obama administration has charged with discussing national security matters with reporters. Under all previous presidents combined, three people had faced such prosecutions. Under President Obama, there have been eight cases, and journalists have complained that the crackdown has discouraged officials from discussing even unclassified security matters.
  • While the administration has defended the crackdown, Mr. Holder said he believed it went too far at times when it targeted journalists. Under Mr. Holder, prosecutors seized phone records from The Associated Press, labeled one Fox News reporter a potential criminal co-conspirator for inquiring about classified information and tried to force another to testify before a grand jury.
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    "Mr. Holder said he believed it went too far at times when it targeted journalists." What Attorney-General Holder actually meant was that he believed it went too far at times when it targeted journalists *who work for major publishers."* Mr. Holder has allowed prosecutions of journalists who do not work for major publishing firms to proceed, e.g., Barrett Brown. 
Paul Merrell

The Silence of the Israelis on ISIS | Consortiumnews - 0 views

  • In the war on the Islamic State, the alleged scourge of humanity, little is heard about the position of America’s much-ballyhooed greatest ally in the Middle East, if not the world, Israel. Now the Islamic State has been conquering territory in very close proximity to the border of Israel. But Israel does not seem to be fearful and it is not taking any action. And the Obama administration and American media pundits do not seem to be the least bit disturbed.  This is quite in contrast to the complaints about other Middle East countries such as Turkey that are being harshly criticized for their failure to become actively involved in fighting the Islamic State.
  • Returning to the issue of Israel, the fact of the matter is that Israel acts to protect its own national interests.  At the current time, the primary goal of the Islamic State is to purify Islam rather than attack non-Muslims. In response to Internet queries as to why the militant group wasn’t fighting Israel instead of killing Muslims in Iraq and Syria, its representatives responded: “We haven’t given orders to kill the Israelis and the Jews. The war against the nearer enemy, those who rebel against the faith, is more important. Allah commands us in the Koran to fight the hypocrites, because they are much more dangerous than those who are fundamentally heretics.”
  • Now there is nothing strange about Israel’s position here. It is simply acting in its own national interest. There is no reason to fight a group that doesn’t threaten it. Furthermore, it is in Israel’s interest to try to make it appear that it is acting for the good of all humanity when attacking Hamas, and though these arguments are unlikely to sway any UN members, the prime minister did provide ammunition to the Israel lobby and its supporters that could be used to persuade some gullible Americans.
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  • Moreover, the fact of the matter is that the Islamic State actually benefits Israel by causing problems for those very states that do actively oppose Israel and support the Palestinians, such as Syria. What the Islamic State is causing in the Middle East is perfectly attuned with the view of the Israeli Right — as best articulated by Oded Yinon in 1982 — which sought to have Israel’s Middle East enemies fragmented and fighting among themselves in order to weaken the external threat to Israel.
  • Israel’s pro-rebel activities in the Syrian conflict have not been counterproductive in that they have not caused any of Assad’s many Arab enemies to abandon their effort to remove his regime. But it is not apparent that Israel is taking any steps like this regarding the Islamic State, and the United States does not seem to be pressuring it to do so. What this means is that Israel is not really any type of ally of the United States. It does not bend its foreign policy to aid the United States but only acts in its own interest. It takes actions against the Assad regime because the latter is an ally of Iran and provides a conduit for weapons being sent to Israeli’s enemy Hezbollah. Israel’s inaction toward the Islamic State, despite its close proximity, should actually provide a model for the United States to emulate. It shows that the Islamic State should not be regarded as a threat to the faraway United States. And this lesson is further confirmed by the fact that the nearby Islamic countries,  which should be far more endangered than the United States, do not seem to be fighting hard against it. It would seem that the fundamental way for the United States to face significant attacks from the Islamic State is to attack it first, which is exactly what it is now  doing.
  • Considering the Islamic State is targeting Muslims, the Israeli government does not see it as a significant enemy at this time. And it is reasonable for Israeli leaders to believe that the Islamic State would never move on to attack their country because it will never be able to conquer its major Islamic foes
  • Conceivably, Israel could covertly support the enemies of Islamic State. Israel has been doing just that in regard to Syria. During the past two years it has launched airstrikes against Assad’s forces which has helped the rebels. Israel takes the position that any attacks on its territory from Syria are the responsibility of the Assad government even if they are made by the rebels. Moreover, just like the United States, Israel has provided training for Syrian rebels. For example, Abdul-Ilah al-Bashir al-Noeimi, currently the Chief of Staff of the Supreme Military Council (SMC) of the Free Syrian Army, secretly trained in Israel in 2013 after being admitted into the country for medical treatment. [See “Report: Commander of Syrian Rebels Trained in Israel, Jewish Press News Briefs,”  Feb. 24, 2014. In regard to Israeli participation in training Syrian rebels, see: Jason Ditz, “Report Claims US, Israeli Trained Rebels Moving Toward Damascus,”  Antiwar.com, Aug. 25, 2013,; Jinan Mantash, “Israeli analyst confirms link between Israel, ‘moderate’ Syrian rebels,” Alakbar English, Oct. 17, 2014.]
  • It can be argued that if Israel openly entered the fray as a member of the anti-Islamic State coalition, it would be counterproductive. Since many Arabs see Israel as their major enemy, Israel’s involvement in the war would turn them against fighting the Islamic State and maybe even cause some of them to support that militant jihadist group as an enemy of Israel. So it might be understandable that the United States would not demand that Israel participate in the war against the Islamic State, just as it did not expect Israel to fight against Saddam Hussein. Although this might be understandable, if true it would mean that Israel could not really be an ally of the United States in the Middle East because it could not participate in America’s wars in the region, which is the very raison d’état of an ally.
  • Considering Israel’s inactivity, it is ironic that in the United States it is the supporters of Israel, such as the neoconservatives, who have taken the lead in pushing for a hard-line American military position against the Islamic State. [See Jim Lobe, “Project for a New American Imbroglio,” LobeLog Foreign Policy,  Aug. 28, 2014.]
  • Needless to say, neither the neocons, nor any other mainstream commentators for that matter, have uttered a word about Israel’s inaction. As Scott McConnell wrote in August in The American Conservative, “over the past two generations thousands of articles have been written proclaiming that Israel is a ‘vital strategic ally’ of the United States, our best and only friend in the ‘volatile’ Middle East. The claim is a commonplace among serving and aspiring Congressmen. I may have missed it, but has anyone seen a hint that our vital regional ally could be of any assistance at all in the supposedly civilizational battle against ISIS?” However, it would be far wiser for the United States to follow the example of Israel here — and, in fact, always follow the example of Israel by adhering to national interest (that of the United States, of course, not Israel) — than to follow the advice of those American supporters of Israel who have, because of their influence on American Middle East policy, involved the United States in endless wars creating a regional environment beneficial to Israel from the perspective of the Israeli Right.
Paul Merrell

Edward Snowden: A 'Nation' Interview | The Nation - 0 views

  • Snowden: That’s the key—to maintain the garden of liberty, right? This is a generational thing that we must all do continuously. We only have the rights that we protect. It doesn’t matter what we say or think we have. It’s not enough to believe in something; it matters what we actually defend. So when we think in the context of the last decade’s infringements upon personal liberty and the last year’s revelations, it’s not about surveillance. It’s about liberty. When people say, “I have nothing to hide,” what they’re saying is, “My rights don’t matter.” Because you don’t need to justify your rights as a citizen—that inverts the model of responsibility. The government must justify its intrusion into your rights. If you stop defending your rights by saying, “I don’t need them in this context” or “I can’t understand this,” they are no longer rights. You have ceded the concept of your own rights. You’ve converted them into something you get as a revocable privilege from the government, something that can be abrogated at its convenience. And that has diminished the measure of liberty within a society.
  • From the very beginning, I said there are two tracks of reform: there’s the political and the technical. I don’t believe the political will be successful, for exactly the reasons you underlined. The issue is too abstract for average people, who have too many things going on in their lives. And we do not live in a revolutionary time. People are not prepared to contest power. We have a system of education that is really a sort of euphemism for indoctrination. It’s not designed to create critical thinkers. We have a media that goes along with the government by parroting phrases intended to provoke a certain emotional response—for example, “national security.” Everyone says “national security” to the point that we now must use the term “national security.” But it is not national security that they’re concerned with; it is state security. And that’s a key distinction. We don’t like to use the phrase “state security” in the United States because it reminds us of all the bad regimes. But it’s a key concept, because when these officials are out on TV, they’re not talking about what’s good for you. They’re not talking about what’s good for business. They’re not talking about what’s good for society. They’re talking about the protection and perpetuation of a national state system. I’m not an anarchist. I’m not saying, “Burn it to the ground.” But I’m saying we need to be aware of it, and we need to be able to distinguish when political developments are occurring that are contrary to the public interest. And that cannot happen if we do not question the premises on which they’re founded. And that’s why I don’t think political reform is likely to succeed. [Senators] Udall and Wyden, on the intelligence committee, have been sounding the alarm, but they are a minority.
  • The Nation: Every president—and this seems to be confirmed by history—will seek to maximize his or her power, and will see modern-day surveillance as part of that power. Who is going to restrain presidential power in this regard? Snowden: That’s why we have separate and co-equal branches. Maybe it will be Congress, maybe not. Might be the courts, might not. But the idea is that, over time, one of these will get the courage to do so. One of the saddest and most damaging legacies of the Bush administration is the increased assertion of the “state secrets” privilege, which kept organizations like the ACLU—which had cases of people who had actually been tortured and held in indefinite detention—from getting their day in court. The courts were afraid to challenge executive declarations of what would happen. Now, over the last year, we have seen—in almost every single court that has had this sort of national-security case—that they have become markedly more skeptical. People at civil-liberties organizations say it’s a sea change, and that it’s very clear judges have begun to question more critically assertions made by the executive. Even though it seems so obvious now, it is extraordinary in the context of the last decade, because courts had simply said they were not the best branch to adjudicate these claims—which is completely wrong, because they are the only nonpolitical branch. They are the branch that is specifically charged with deciding issues that cannot be impartially decided by politicians. The power of the presidency is important, but it is not determinative. Presidents should not be exempted from the same standards of reason and evidence and justification that any other citizen or civil movement should be held to.
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  • The Nation: Explain the technical reform you mentioned. Snowden: We already see this happening. The issue I brought forward most clearly was that of mass surveillance, not of surveillance in general. It’s OK if we wiretap Osama bin Laden. I want to know what he’s planning—obviously not him nowadays, but that kind of thing. I don’t care if it’s a pope or a bin Laden. As long as investigators must go to a judge—an independent judge, a real judge, not a secret judge—and make a showing that there’s probable cause to issue a warrant, then they can do that. And that’s how it should be done. The problem is when they monitor all of us, en masse, all of the time, without any specific justification for intercepting in the first place, without any specific judicial showing that there’s a probable cause for that infringement of our rights.
  • Since the revelations, we have seen a massive sea change in the technological basis and makeup of the Internet. One story revealed that the NSA was unlawfully collecting data from the data centers of Google and Yahoo. They were intercepting the transactions of data centers of American companies, which should not be allowed in the first place because American companies are considered US persons, sort of, under our surveillance authorities. They say, “Well, we were doing it overseas,” but that falls under a different Reagan-era authority: EO 12333, an executive order for foreign-intelligence collection, as opposed to the ones we now use domestically. So this one isn’t even authorized by law. It’s just an old-ass piece of paper with Reagan’s signature on it, which has been updated a couple times since then. So what happened was that all of a sudden these massive, behemoth companies realized their data centers—sending hundreds of millions of people’s communications back and forth every day—were completely unprotected, electronically naked. GCHQ, the British spy agency, was listening in, and the NSA was getting the data and everything like that, because they could dodge the encryption that was typically used. Basically, the way it worked technically, you go from your phone to Facebook.com, let’s say—that link is encrypted. So if the NSA is trying to watch it here, they can’t understand it. But what these agencies discovered was, the Facebook site that your phone is connected to is just the front end of a larger corporate network—that’s not actually where the data comes from. When you ask for your Facebook page, you hit this part and it’s protected, but it has to go on this long bounce around the world to actually get what you’re asking for and go back. So what they did was just get out of the protected part and they went onto the back network. They went into the private network of these companies.
  • The Nation: The companies knew this? Snowden: Companies did not know it. They said, “Well, we gave the NSA the front door; we gave you the PRISM program. You could get anything you wanted from our companies anyway—all you had to do was ask us and we’re gonna give it to you.” So the companies couldn’t have imagined that the intelligence communities would break in the back door, too—but they did, because they didn’t have to deal with the same legal process as when they went through the front door. When this was published by Barton Gellman in The Washington Post and the companies were exposed, Gellman printed a great anecdote: he showed two Google engineers a slide that showed how the NSA was doing this, and the engineers “exploded in profanity.” Another example—one document I revealed was the classified inspector general’s report on a Bush surveillance operation, Stellar Wind, which basically showed that the authorities knew it was unlawful at the time. There was no statutory basis; it was happening basically on the president’s say-so and a secret authorization that no one was allowed to see. When the DOJ said, “We’re not gonna reauthorize this because it is not lawful,” Cheney—or one of Cheney’s advisers—went to Michael Hayden, director of the NSA, and said, “There is no lawful basis for this program. DOJ is not going to reauthorize it, and we don’t know what we’re going to do. Will you continue it anyway on the president’s say-so?” Hayden said yes, even though he knew it was unlawful and the DOJ was against it. Nobody has read this document because it’s like twenty-eight pages long, even though it’s incredibly important.
  • The big tech companies understood that the government had not only damaged American principles, it had hurt their businesses. They thought, “No one trusts our products anymore.” So they decided to fix these security flaws to secure their phones. The new iPhone has encryption that protects the contents of the phone. This means if someone steals your phone—if a hacker or something images your phone—they can’t read what’s on the phone itself, they can’t look at your pictures, they can’t see the text messages you send, and so forth. But it does not stop law enforcement from tracking your movements via geolocation on the phone if they think you are involved in a kidnapping case, for example. It does not stop law enforcement from requesting copies of your texts from the providers via warrant. It does not stop them from accessing copies of your pictures or whatever that are uploaded to, for example, Apple’s cloud service, which are still legally accessible because those are not encrypted. It only protects what’s physically on the phone. This is purely a security feature that protects against the kind of abuse that can happen with all these things being out there undetected. In response, the attorney general and the FBI director jumped on a soap box and said, “You are putting our children at risk.”
  • The Nation: Is there a potential conflict between massive encryption and the lawful investigation of crimes? Snowden: This is the controversy that the attorney general and the FBI director were trying to create. They were suggesting, “We have to be able to have lawful access to these devices with a warrant, but that is technically not possible on a secure device. The only way that is possible is if you compromise the security of the device by leaving a back door.” We’ve known that these back doors are not secure. I talk to cryptographers, some of the leading technologists in the world, all the time about how we can deal with these issues. It is not possible to create a back door that is only accessible, for example, to the FBI. And even if it were, you run into the same problem with international commerce: if you create a device that is famous for compromised security and it has an American back door, nobody is gonna buy it. Anyway, it’s not true that the authorities cannot access the content of the phone even if there is no back door. When I was at the NSA, we did this every single day, even on Sundays. I believe that encryption is a civic responsibility, a civic duty.
  • The Nation: Some years ago, The Nation did a special issue on patriotism. We asked about a hundred people how they define it. How do you define patriotism? And related to that, you’re probably the world’s most famous whistleblower, though you don’t like that term. What characterization of your role do you prefer? Snowden: What defines patriotism, for me, is the idea that one rises to act on behalf of one’s country. As I said before, that’s distinct from acting to benefit the government—a distinction that’s increasingly lost today. You’re not patriotic just because you back whoever’s in power today or their policies. You’re patriotic when you work to improve the lives of the people of your country, your community and your family. Sometimes that means making hard choices, choices that go against your personal interest. People sometimes say I broke an oath of secrecy—one of the early charges leveled against me. But it’s a fundamental misunderstanding, because there is no oath of secrecy for people who work in the intelligence community. You are asked to sign a civil agreement, called a Standard Form 312, which basically says if you disclose classified information, they can sue you; they can do this, that and the other. And you risk going to jail. But you are also asked to take an oath, and that’s the oath of service. The oath of service is not to secrecy, but to the Constitution—to protect it against all enemies, foreign and domestic. That’s the oath that I kept, that James Clapper and former NSA director Keith Alexander did not. You raise your hand and you take the oath in your class when you are on board. All government officials are made to do it who work for the intelligence agencies—at least, that’s where I took the oath.
  • The Nation: Creating a new system may be your transition, but it’s also a political act. Snowden: In case you haven’t noticed, I have a somewhat sneaky way of effecting political change. I don’t want to directly confront great powers, which we cannot defeat on their terms. They have more money, more clout, more airtime. We cannot be effective without a mass movement, and the American people today are too comfortable to adapt to a mass movement. But as inequality grows, the basic bonds of social fraternity are fraying—as we discussed in regard to Occupy Wall Street. As tensions increase, people will become more willing to engage in protest. But that moment is not now.
  • The Nation: You really think that if you could go home tomorrow with complete immunity, there wouldn’t be irresistible pressure on you to become a spokesperson, even an activist, on behalf of our rights and liberties? Indeed, wouldn’t that now be your duty? Snowden: But the idea for me now—because I’m not a politician, and I do not think I am as effective in this way as people who actually prepare for it—is to focus on technical reform, because I speak the language of technology. I spoke with Tim Berners-Lee, the guy who invented the World Wide Web. We agree on the necessity for this generation to create what he calls the Magna Carta for the Internet. We want to say what “digital rights” should be. What values should we be protecting, and how do we assert them? What I can do—because I am a technologist, and because I actually understand how this stuff works under the hood—is to help create the new systems that reflect our values. Of course I want to see political reform in the United States. But we could pass the best surveillance reforms, the best privacy protections in the history of the world, in the United States, and it would have zero impact internationally. Zero impact in China and in every other country, because of their national laws—they won’t recognize our reforms; they’ll continue doing their own thing. But if someone creates a reformed technical system today—technical standards must be identical around the world for them to function together.
  • As for labeling someone a whistleblower, I think it does them—it does all of us—a disservice, because it “otherizes” us. Using the language of heroism, calling Daniel Ellsberg a hero, and calling the other people who made great sacrifices heroes—even though what they have done is heroic—is to distinguish them from the civic duty they performed, and excuses the rest of us from the same civic duty to speak out when we see something wrong, when we witness our government engaging in serious crimes, abusing power, engaging in massive historic violations of the Constitution of the United States. We have to speak out or we are party to that bad action.
  • The Nation: Considering your personal experience—the risks you took, and now your fate here in Moscow—do you think other young men or women will be inspired or discouraged from doing what you did? Snowden: Chelsea Manning got thirty-five years in prison, while I’m still free. I talk to people in the ACLU office in New York all the time. I’m able to participate in the debate and to campaign for reform. I’m just the first to come forward in the manner that I did and succeed. When governments go too far to punish people for actions that are dissent rather than a real threat to the nation, they risk delegitimizing not just their systems of justice, but the legitimacy of the government itself. Because when they bring political charges against people for acts that were clearly at least intended to work in the public interest, they deny them the opportunity to mount a public-interest defense. The charges they brought against me, for example, explicitly denied my ability to make a public-interest defense. There were no whistleblower protections that would’ve protected me—and that’s known to everybody in the intelligence community. There are no proper channels for making this information available when the system fails comprehensively.
  • The government would assert that individuals who are aware of serious wrongdoing in the intelligence community should bring their concerns to the people most responsible for that wrongdoing, and rely on those people to correct the problems that those people themselves authorized. Going all the way back to Daniel Ellsberg, it is clear that the government is not concerned with damage to national security, because in none of these cases was there damage. At the trial of Chelsea Manning, the government could point to no case of specific damage that had been caused by the massive revelation of classified information. The charges are a reaction to the government’s embarrassment more than genuine concern about these activities, or they would substantiate what harms were done. We’re now more than a year since my NSA revelations, and despite numerous hours of testimony before Congress, despite tons of off-the-record quotes from anonymous officials who have an ax to grind, not a single US official, not a single representative of the United States government, has ever pointed to a single case of individualized harm caused by these revelations. This, despite the fact that former NSA director Keith Alexander said this would cause grave and irrevocable harm to the nation. Some months after he made that statement, the new director of the NSA, Michael Rogers, said that, in fact, he doesn’t see the sky falling. It’s not so serious after all.
  • The Nation: You also remind us of [Manhattan Project physicist] Robert Oppenheimer—what he created and then worried about. Snowden: Someone recently talked about mass surveillance and the NSA revelations as being the atomic moment for computer scientists. The atomic bomb was the moral moment for physicists. Mass surveillance is the same moment for computer scientists, when they realize that the things they produce can be used to harm a tremendous number of people. It is interesting that so many people who become disenchanted, who protest against their own organizations, are people who contributed something to them and then saw how it was misused. When I was working in Japan, I created a system for ensuring that intelligence data was globally recoverable in the event of a disaster. I was not aware of the scope of mass surveillance. I came across some legal questions when I was creating it. My superiors pushed back and were like, “Well, how are we going to deal with this data?” And I was like, “I didn’t even know it existed.” Later, when I found out that we were collecting more information on American communications than we were on Russian communications, for example, I was like, “Holy shit.” Being confronted with the realization that work you intended to benefit people is being used against them has a radicalizing effect.
  • The Nation: We have a sense, or certainly the hope, we’ll be seeing you in America soon—perhaps sometime after this Ukrainian crisis ends. Snowden: I would love to think that, but we’ve gone all the way up the chain at all the levels, and things like that. A political decision has been made not to irritate the intelligence community. The spy agencies are really embarrassed, they’re really sore—the revelations really hurt their mystique. The last ten years, they were getting the Zero Dark Thirty treatment—they’re the heroes. The surveillance revelations bring them back to Big Brother kind of narratives, and they don’t like that at all. The Obama administration almost appears as though it is afraid of the intelligence community. They’re afraid of death by a thousand cuts—you know, leaks and things like that.
  • The Nation: You’ve given us a lot of time, and we are very grateful, as will be The Nation’s and other readers. But before we end, any more thoughts about your future? Snowden: If I had to guess what the future’s going to look like for me—assuming it’s not an orange jumpsuit in a hole—I think I’m going to alternate between tech and policy. I think we need that. I think that’s actually what’s missing from government, for the most part. We’ve got a lot of policy people, but we have no technologists, even though technology is such a big part of our lives. It’s just amazing, because even these big Silicon Valley companies, the masters of the universe or whatever, haven’t engaged with Washington until recently. They’re still playing catch-up. As for my personal politics, some people seem to think I’m some kind of archlibertarian, a hyper-conservative. But when it comes to social policies, I believe women have the right to make their own choices, and inequality is a really important issue. As a technologist, I see the trends, and I see that automation inevitably is going to mean fewer and fewer jobs. And if we do not find a way to provide a basic income for people who have no work, or no meaningful work, we’re going to have social unrest that could get people killed. When we have increasing production—year after year after year—some of that needs to be reinvested in society. It doesn’t need to be consistently concentrated in these venture-capital funds and things like that. I’m not a communist, a socialist or a radical. But these issues have to be 
addressed.
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    Remarkable interview. Snowden finally gets asked some questions about politics. 
Paul Merrell

Remarks by President Obama and President Ghani of Afghanistan in Joint Press Conference | The White House - 0 views

  • PRESIDENT OBAMA:
  • But I am required to evaluate honestly how we manage Israeli-Palestinian relations over the next several years.  Because up until this point, the premise has been, both under Republican and Democratic administrations, that as different as it was, as challenging as it was, the possibility of two states living side by side in peace and security could marginalize more extreme elements, bring together folks at the center and with some common sense, and we could resolve what has been a vexing issue and one that is ultimately a threat to Israel as well. And that possibility seems very dim.  That may trigger, then, reactions by the Palestinians that, in turn, elicit counter-reactions by the Israelis.  And that could end up leading to a downward spiral of relations that will be dangerous for everybody and bad for everybody. So, bottom line, just to summarize here -- number one, our military and intelligence cooperation with Israel will continue unabated, unaffected, and we are absolutely committed to making sure that the Israeli people are safe, particularly from rocket attacks and terrorist attacks aimed on civilians.
  • I don't think anybody ever envisioned in any peace agreement, certainly not one that Prime Minister Netanyahu would agree to, or that the Israeli people would agree to, that overnight you suddenly have a Palestinian state right next to Jerusalem and that Israel would not have a whole range of security conditions that had to be met, and that it would be phased in over a long period of time. So the issue has never been, do you create a Palestinian state overnight.  The question is, do you create a process and a framework that gives the Palestinians hope, the possibility, that down the road they have a secure state of their own, standing side-by-side with a secure, fully recognized Jewish state of Israel.  And I think -- it's not just my estimation -- I think it’s hard to envision how that happens based on the Prime Minister’s statements.  And so, when I said that we have to now do an evaluation of where we are, it's not in reference to our commitment to Israel’s military edge in the region, Israel’s security, our intelligence cooperation, our military cooperation.  That continues unabated.  And I will continue to do whatever I need to do to make sure that our friends in Israel are safe.  That's what I've done since I've been President, and that's not going to stop.  And so the Israeli people need to know that.
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  • With respect to Israel’s relations with the Palestinians, I think it's important to understand that the issue here is not what I believe, but it’s what the Palestinians and the parties in the negotiations and the Israeli people believe is possible.  That's the most important issue.  I've said before and I'll simply repeat:  Prime Minister Netanyahu, in the election run-up, stated that a Palestinian state would not occur while he was Prime Minister.  And I took him at his word that that's what he meant, and I think that a lot of voters inside of Israel understood him to be saying that fairly unequivocally. Afterwards, he pointed out that he didn’t say “never,” but that there would be a series of conditions in which a Palestinian state could potentially be created.  But, of course, the conditions were such that they would be impossible to meet anytime soon.  So even if you accepted, I think, the corrective of Prime Minister Netanyahu in subsequent days, there still does not appear to be a prospect of a meaningful framework established that would lead to a Palestinian state even if there were a whole range of conditions and security requirements that might be phased in over a long period of time -- which was always the presumption. 
  • Number two, that the evaluation that’s taking place is specific to what happens between the Israelis and Palestinians going forward.  We’ll continue to engage the Israeli government as well as the Palestinians, and ask them where they are interested in going and how do they see this issue being resolved.  But what we can’t do is pretend that there’s a possibility of something that’s not there.  And we can’t continue to premise our public diplomacy based on something that everybody knows is not going to happen at least in the next several years.  That is something that we have to, for the sake of our own credibility, I think we have to be able to be honest about that. And I guess one last point about this, because obviously I’ve heard a lot of the commentary -- there’s a tendency I think in the reporting here to frame this somehow as a personal issue between myself and Prime Minister Netanyahu.  And I understand why that’s done, because when you frame it in those terms, the notion is, well, if we all just get along and everybody cools down, then somehow the problem goes away.  I have a very business-like relationship with the Prime Minister.  I’ve met with him more than any other world leader.  I talk to him all the time.  He is representing his country’s interests the way he thinks he needs to, and I’m doing the same.
  • So the issue is not a matter of relations between leaders; the issue is a very clear, substantive challenge.  We believe that two states is the best path forward for Israel’s security, for Palestinian aspirations, and for regional stability.  That’s our view, and that continues to be our view.  And Prime Minister Netanyahu has a different approach.  And so this can’t be reduced to a matter of somehow let’s all hold hands and sing “Kumbaya.”  This is a matter of figuring out how do we get through a real knotty policy difference that has great consequences for both countries and for the region. Q    Will you consider supporting Palestinian statehood at the U.N.? PRESIDENT OBAMA:  We’re going to do that evaluation -- we’re going to partly wait for an actual Israeli government to form.
  •  
    "Q    Will you consider supporting Palestinian statehood at the U.N.? "PRESIDENT OBAMA:  We're going to do that evaluation -- we're going to partly wait for an actual Israeli government to form." At best, a threat; no action. 
Paul Merrell

How Edward Snowden Changed Everything | The Nation - 0 views

  • Ben Wizner, who is perhaps best known as Edward Snowden’s lawyer, directs the American Civil Liberties Union’s Speech, Privacy & Technology Project. Wizner, who joined the ACLU in August 2001, one month before the 9/11 attacks, has been a force in the legal battles against torture, watch lists, and extraordinary rendition since the beginning of the global “war on terror.” Ad Policy On October 15, we met with Wizner in an upstate New York pub to discuss the state of privacy advocacy today. In sometimes sardonic tones, he talked about the transition from litigating on issues of torture to privacy advocacy, differences between corporate and state-sponsored surveillance, recent developments in state legislatures and the federal government, and some of the obstacles impeding civil liberties litigation. The interview has been edited and abridged for publication.
  • en Wizner, who is perhaps best known as Edward Snowden’s lawyer, directs the American Civil Liberties Union’s Speech, Privacy & Technology Project. Wizner, who joined the ACLU in August 2001, one month before the 9/11 attacks, has been a force in the legal battles against torture, watch lists, and extraordinary rendition since the beginning of the global “war on terror.” Ad Policy On October 15, we met with Wizner in an upstate New York pub to discuss the state of privacy advocacy today. In sometimes sardonic tones, he talked about the transition from litigating on issues of torture to privacy advocacy, differences between corporate and state-sponsored surveillance, recent developments in state legislatures and the federal government, and some of the obstacles impeding civil liberties litigation. The interview has been edited and abridged for publication.
  • Many of the technologies, both military technologies and surveillance technologies, that are developed for purposes of policing the empire find their way back home and get repurposed. You saw this in Ferguson, where we had military equipment in the streets to police nonviolent civil unrest, and we’re seeing this with surveillance technologies, where things that are deployed for use in war zones are now commonly in the arsenals of local police departments. For example, a cellphone surveillance tool that we call the StingRay—which mimics a cellphone tower and communicates with all the phones around—was really developed as a military technology to help identify targets. Now, because it’s so inexpensive, and because there is a surplus of these things that are being developed, it ends up getting pushed down into local communities without local democratic consent or control.
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  • SG & TP: How do you see the current state of the right to privacy? BW: I joked when I took this job that I was relieved that I was going to be working on the Fourth Amendment, because finally I’d have a chance to win. That was intended as gallows humor; the Fourth Amendment had been a dishrag for the last several decades, largely because of the war on drugs. The joke in civil liberties circles was, “What amendment?” But I was able to make this joke because I was coming to Fourth Amendment litigation from something even worse, which was trying to sue the CIA for torture, or targeted killings, or various things where the invariable outcome was some kind of non-justiciability ruling. We weren’t even reaching the merits at all. It turns out that my gallows humor joke was prescient.
  • The truth is that over the last few years, we’ve seen some of the most important Fourth Amendment decisions from the Supreme Court in perhaps half a century. Certainly, I think the Jones decision in 2012 [U.S. v. Jones], which held that GPS tracking was a Fourth Amendment search, was the most important Fourth Amendment decision since Katz in 1967 [Katz v. United States], in terms of starting a revolution in Fourth Amendment jurisprudence signifying that changes in technology were not just differences in degree, but they were differences in kind, and require the Court to grapple with it in a different way. Just two years later, you saw the Court holding that police can’t search your phone incident to an arrest without getting a warrant [Riley v. California]. Since 2012, at the level of Supreme Court jurisprudence, we’re seeing a recognition that technology has required a rethinking of the Fourth Amendment at the state and local level. We’re seeing a wave of privacy legislation that’s really passing beneath the radar for people who are not paying close attention. It’s not just happening in liberal states like California; it’s happening in red states like Montana, Utah, and Wyoming. And purple states like Colorado and Maine. You see as many libertarians and conservatives pushing these new rules as you see liberals. It really has cut across at least party lines, if not ideologies. My overall point here is that with respect to constraints on government surveillance—I should be more specific—law-enforcement government surveillance—momentum has been on our side in a way that has surprised even me.
  • Do you think that increased privacy protections will happen on the state level before they happen on the federal level? BW: I think so. For example, look at what occurred with the death penalty and the Supreme Court’s recent Eighth Amendment jurisprudence. The question under the Eighth Amendment is, “Is the practice cruel and unusual?” The Court has looked at what it calls “evolving standards of decency” [Trop v. Dulles, 1958]. It matters to the Court, when it’s deciding whether a juvenile can be executed or if a juvenile can get life without parole, what’s going on in the states. It was important to the litigants in those cases to be able to show that even if most states allowed the bad practice, the momentum was in the other direction. The states that were legislating on this most recently were liberalizing their rules, were making it harder to execute people under 18 or to lock them up without the possibility of parole. I think you’re going to see the same thing with Fourth Amendment and privacy jurisprudence, even though the Court doesn’t have a specific doctrine like “evolving standards of decency.” The Court uses this much-maligned test, “Do individuals have a reasonable expectation of privacy?” We’ll advance the argument, I think successfully, that part of what the Court should look at in considering whether an expectation of privacy is reasonable is showing what’s going on in the states. If we can show that a dozen or eighteen state legislatures have enacted a constitutional protection that doesn’t exist in federal constitutional law, I think that that will influence the Supreme Court.
  • The question is will it also influence Congress. I think there the answer is also “yes.” If you’re a member of the House or the Senate from Montana, and you see that your state legislature and your Republican governor have enacted privacy legislation, you’re not going to be worried about voting in that direction. I think this is one of those places where, unlike civil rights, where you saw most of the action at the federal level and then getting forced down to the states, we’re going to see more action at the state level getting funneled up to the federal government.
  •  
    A must-read. Ben Wizner discusses the current climate in the courts in government surveillance cases and how Edward Snowden's disclosures have affected that, and much more. Wizner is not only Edward Snowden's lawyer, he is also the coordinator of all ACLU litigation on electronic surveillance matters.
Paul Merrell

Drone Strikes Are Creating Hatred Toward America That Will Last for Generations - Defense One - 0 views

  • If we want to curb terrorism in the United States, we must stop drone attacks in the Middle East.
  • It’s a sick myth that Islamic extremists attack the United States or other nations because they “hate our freedom.” They attack us for our foreign policy. In 2006, the United States National Intelligence Estimate reported that the US invasion and occupation of Iraq made the problem of terrorism worse by creating a new generation of terrorists. And since then, top ranking military and counter-terrorism authorities such as General Stanley McChrystal, General Mike Flynn and George W. Bush’s counter-terrorism czar Richard Clarke say that drone strikes in particular are creating more terrorists than they’re killing. If we want to stop terrorist attacks, we should stop the barbaric blind bombings that are fueling radicalization.
  • “The resentment created by American use of unmanned strikes … is much greater than the average American appreciates,” Gen. McChrystal, who led the US counter-insurgency strategy in Afghanistan, said in 2013. “They are hated on a visceral level, even by people who’ve never seen one or seen the effects of one.” <a href="http://ad.doubleclick.net/N617/jump/defenseone.com/section_ideas;pos=defenseone-instream;sz=600x300;" title=""> <img alt="" src="http://ad.doubleclick.net/N617/ad/defenseone.com/section_ideas;pos=defenseone-instream;sz=600x300;tile=4;"/> </a> <a href="http://ad.doubleclick.net/N617/jump/defenseone.com/section_ideas;pos=contextual-large-rectangle-tablet;sz=700x350;" title=""> <img alt="" src="http://ad.doubleclick.net/N617/ad/defenseone.com/section_ideas;pos=contextual-large-rectangle-tablet;sz=700x350;tile=5;"/> </a> <a href="http://ad.doubleclick.net/N617/jump/defenseone.com/section_ideas;pos=contextual-large-rectangle-mobile;sz=300x150;" title=""> <img alt="" src="http://ad.doubleclick.net/N617/ad/defenseone.com/section_ideas;pos=contextual-large-rectangle-mobile;sz=300x150;tile=6;"/> </a> Gen. Flynn, who until recently was the head of the Defense Intelligence Agency and has become a harsh critic of President Obama’s strategy in the Middle East, has said, “When you drop a bomb from a drone … you are going to cause more damage than you are going to cause good.” Flynn, who has actually backs a more muscular military approach, doesn’t think it should include drones. Clarke has said that when we use unmanned drones to drop bombs which, no matter how hard we try otherwise, inevitably kill innocent people: [Y]ou cause enemies for the United States that will last for generations. All of these innocent people that you kill have brothers and sisters and tribe—tribal relations. Many of them were not opposed to the United States prior to some one of their friends or relatives being killed. And then, sometimes, they cross over, not only to being opposed to the United States, but by being willing to pick up arms and become a terrorist against the United States. So you may actually be creating terrorists, rather than eliminating them,
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  • In fact, in the wake of the ISIL-linked terrorist attacks in Paris, four whistleblowers in the United States Air Force wrote an open letter to the Obama Administration calling for an end to drone strikes. The authors, all of whom had operational experience with drone strikes, wrote that such attacks “fueled the feelings of hatred that ignited terrorism and groups like Isis, while also serving as a fundamental recruitment tool.” They say that the killing of innocent civilians by American drones is one of most “devastating driving forces for terrorism and destabilization around the world.” It’s worth noting here that counter-terrorism experts with whom I’ve spoken have said that the sort of anti-Muslim rhetoric and policies proposed by several Republican presidential candidates also helps inflame and incite terrorism. So we should also stop that immediately, not just as a matter of upholding our national moral and legal values but because it’s strategically destructive. Yet Republican and Democratic politicians appear fairly united on continuing drone strikes and, if anything, disagree about how much to increase their intensity. Experienced, knowledgeable military advisors have said that drone strikes create more terrorists than they kill. So what possible reason do we have for continuing them?
  • We know that our reactionary, militarily aggressive impulses got us into this situation. Although arguably complex in origin, it’s unarguable that the failed US invasion and occupation of Iraq helped create ISIS. And now in the wake of the San Bernadino attack that has rightfully shaken our nation to its core, our reactionary, militarily aggressive impulses may once again make matters worse. Continuing let alone expanding American drone strikes in the Middle East will continue to create more terrorists than we kill. Unmanned drone strikes are inhumane. They are also stupid and self-defeating.
  •  
    Also just announced: The Air Force plans to double its number of drone units in the budget just passed. 
Paul Merrell

Chicago students get death threat over Palestine protest | The Electronic Intifada - 0 views

  • Students in Chicago received a death threat after taking part in a Palestine solidarity protest. Another student activist in Santa Barbara, California, was physically assaulted during an argument with an Israel supporter. These are just two of dozens of on-campus incidents reported across the United States over the last four weeks, according to Palestine Legal.
  • Five days later, one of the students received a threatening email message directed at Students for Justice in Palestine. The message stated: “If there is one more demonstration in the quad from your petty organization, consider it to be your real bodies falling next time. What you did was downright anti-Semitism. Don’t underestimate the Jewish presence on campus. #jewhater.”
  • Meanwhile, a member of SJP at the University of California at Santa Barbara was physically assaulted during a peaceful protest as part of the international day of action. Daniel Mogtaderi said he was filming the demonstration on his phone as a matter of protocol, so that SJP can document any harassment or violence it might encounter. A young man who appeared to be another student began arguing with Mogtaderi about the 13-year-old Palestinian boy who was accused of a stabbing attack and critically injured and taunted by Israeli settlers as he lay bleeding on the ground two weeks ago. The assailant became aggressive when he realized Mogtaderi was recording the encounter. “At that point he forcibly took hold of the phone, held on to the phone for some time, and shoved Mogtaderi two times before returning the phone and leaving the scene,” SJP stated. Mogtaderi’s video recording of the argument between himself and the assailant can be viewed here.
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  • University spokesperson Bill Burton told The Electronic Intifada that the matter is under investigation and had no further comment. Saadeh said that although the death threat is frightening and is being taken seriously, SJP members will not stop organizing. “They’re not going to shut us up with this,” she said. She said that students have created ways to protect each other on campus, such as making sure members of SJP do not have to walk alone to class, or sit alone at the library.
  • Mogtaderi told The Electronic Intifada that when he filed a report, campus police blamed him for “escalating the situation” and claimed that he could have avoided being assaulted if he hadn’t argued with the assailant. He added that campus police insist they cannot find the assailant and have not contacted Mogtaderi for additional information. UC Santa Barbara told The Electronic Intifada that the matter is being investigated. “There are so many stories around the country [of attempts] to try and silence people as much as possible,” Mogtaderi said. “My voice won’t be silenced, nor will the voices of other SJPers.”
  • Palestine Legal stated last week that it has responded to more than 35 campus incidents over the last month. “The pattern persists: with a rise in activism comes a rise in suppression,” the group said. Flush with new injections of cash, Israel-aligned organizations are stepping up their efforts to smear and intimidate students involved in Palestine activism. Palestine Legal says it has responded to more than 300 incidents of “censorship, punishment, or other burdening of advocacy” reported by Palestine solidarity activists on more than 65 US campuses in the last 18 months. The legal group calls on university administrations to protect the speech rights and physical safety of students who speak out in favor of Palestinian rights.
Paul Merrell

Holder Defends Record of Not Prosecuting Financial Fraud - 0 views

  • Former attorney general Eric Holder was the honored guest at a Reporters Committee for Freedom of the Press reception on Wednesday (leading investigative reporter Murray Waas to reasonably wonder: How’s that again?). And while I was primarily interested in hearing whether Holder regretted whiffing on torture prosecutions during his tenure (see story: “Holder, Too Late, Calls for Transparency on DOJ Torture Investigation”), I also asked him about whiffing on financial fraud prosecutions. Specifically, I noted his failure to hold accountable the people responsible for the wide-scale financial fraud that led to the massive economic recession of 2007-2009. And I noted that after he stepped down from his post in April, he went back to his job at Covington & Burling, the gigantic D.C. law firm whose clients have included many of the big banks that Holder chose not to prosecute. (The reception was actually held at Covington & Burling’s swanky new building downtown. While it was being built — while Holder was still attorney general! — the firm actually kept an 11th-story corner office reserved for his return. He was making over $3 million a year from the firm before his sojourn at the Justice Department; his current salary has not been disclosed.)
  • Holder bristled at my suggestion that there might be a connection between his current employer and his conduct at Justice, saying that many top prosecutors at Justice had pursued cases as best they could. “We were simply unable to do it under the existing statutes that we had, and given the ways the decision-making worked at those institutions,” he said. However, Holder had all the statutory authority he needed to prosecute straightforward crimes such as robosigning fraud, perjury in front of Congress by Goldman Sachs executives, or for that matter, HSBC’s money laundering for Mexican drug cartels. He simply chose not to. (In response to another questioner, he denied that any of his decisions not to prosecute were based on the massive legal teams that were fielded against the government.) Moreover, he actively waved off offers of additional help such as the suggestion from Sen. Sherrod Brown, D-Ohio, that Congress give him more staff for his Residential Mortgage-Backed Securities Working Group, or extend the statute of limitations on some crimes. At Wednesday’s event, Holder continued: “It’s an easy thing for people who are not a part of the process” to “ask questions,” he said. “It pisses me off, on the other hand,” for people “not conversant” in the process to “somehow say that I did something that was inconsistent with my oath or that I’m not a person of integrity.” “I’m proud to be back at the firm,” he said. “It’s a great firm. And I’m proud of the work I did at the Justice Department.”
  • Holder’s comment was only the most recent in a series of pronouncements from formerly powerful government officials that they were in fact powerless — while talking tough once they no longer have the ability to do anything about it. See, for instance, my colleague David Dayen’s recent article, “Bernanke Talks Tough But Was Weak When It Mattered,” about former Federal Reserve chair Ben Bernanke saying that more Wall Street executives should have gone to jail for criminal misconduct that led to the financial crisis. As Fed chair, Beranke could have initiated criminal referrals to the Justice Department, but chose not to. As attorney general, Holder could have made pursuing financial fraud a top priority. And he did not.
Paul Merrell

2015: The Year Police Killings In America Were Counted - 0 views

  • The Black Lives Matter movement that swept the country in 2015 has—among other accomplishments—forced global media outlets to afford victims of police killings the most basic acknowledgement: a public record of their names and deaths. Such a grim tally was maintained this year by both the Guardian and the Washington Post, following the consistent failure of the U.S. government to keep adequate records. According to the Guardian, 1,126 people were killed by police so far in 2015, averaging more than three a day, with 27 percent of those slain facing mental health issues. The numbers confirm the racial injustices highlighted by nationwide protests. Among black people in America, 6.9 per million were killed by police, compared to 2.86 white people per million. In other words, African-Americans were nearly 2.5 times as likely to be killed by police as their white counterparts. Native-Americans and Latinos were also disproportionately likely to have their lives taken by law enforcement, with 3.4 per million and 3.35 per million killed respectively.
  • The high number of killings was corroborated by the Washington Post, which only tracks fatal police shootings—not killings by taser, beating, and other forms of force, such as the high-profile death of African-American man Freddie Gray in Baltimore. The paper concluded, nonetheless, that nearly 1,000 civilians were shot and killed by police this year. What’s more, the Post‘s analysis found that the FBI, which is tasked with tracking such shootings, is dramatically undercounting killings because “fewer than half of the nation’s police departments report their incidents to the agency.” “The Post documented well more than twice as many fatal shootings this year as the average annual tally reported by the FBI over the past decade,” journalists Kimberly Kindy, Marc Fisher, Julie Tate, and Jennifer Jenkins reported this week.
  • But perhaps, more than anything, both databases show that heightened visibility, in itself, will not end police killings or bring justice to its victims.
Paul Merrell

Watchdog Group Sues Trump Administration, Seeking Legal Rationale Behind Syria Strike - The New York Times - 0 views

  • A month after President Trump ordered a military strike on the Syrian regime as punishment for using chemical weapons, his administration has yet to offer a rationale for what lawful authority he had to carry out the attack.Now, a government watchdog group run by former Obama administration lawyers is suing to force the Trump administration to disclose its legal theory — or concede that it launched the April 6 attack without thinking about the law. While the attack attracted bipartisan support as a political and policy matter, its legal basis was disputed.The United States had no self-defense rationale, and neither Congress nor the United Nations Security Council authorized the attack, raising questions about the scope and limits of Mr. Trump’s power as a matter of domestic law and the United States’ power as a matter of international law. The Trump administration has not answered them.On Monday, the watchdog group, Protect Democracy, filed a lawsuit under the Freedom of Information Act for all emails, memos and other records discussing Mr. Trump’s legal authority to launch the strike.
Gary Edwards

Ace of Spades HQ :: The Unmitigated Disaster Known As Project ORCA - 1 views

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    Wondering why the Republicans failed so miserably to get out the vote in the six states where it mattered most?  The Ace of Spades explains his own mis adventures with Romney's new technology plan to get  out the vote: "Project ORCA" This story is beyond sad.  Idiot Republican consultants and advisors cost us this election.  Romney may have struggled with conservatism, but he would have been an awesome CEO - President.  Maybe the best equipped, most successful, and most experienced executive ever to run for the Presidency.  Yet, the buffoonery of Project ORCA falls on him and him alone. excerpt: What is Project Orca? Well, this is what they told us: Project ORCA is a massive undertaking - the Republican Party's newest, unprecedented and most technologically advanced plan to win the 2012 presidential election. Pretty much everything in that sentence is false. The "massive undertaking" is true, however. It would take a lot of planning, training and coordination to be done successfully (oh, we'll get to that in a second). This wasn't really the GOP's effort, it was Team Romney's. And perhaps "unprecedented" would fit if we're discussing failure. The entire purpose of this project was to digitize the decades-old practice of strike lists. The old way was to sit with your paper and mark off people that have voted and every hour or so, someone from the campaign would come get your list and take it back to local headquarters. Then, they'd begin contacting people that hadn't voted yet and encourage them to head to the polls. It's worked for years. From the very start there were warning signs. After signing up, you were invited to take part in nightly conference calls. The calls were more of the slick marketing speech type than helpful training sessions. There was a lot of "rah-rahs" and lofty talk about how this would change the ballgame."
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