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Paul Merrell

Pepe Escobar - The real November surprise -- Puppet Masters -- Sott.net - 0 views

  • "As bad as it is the folks above the President make the decisions. They may have decided on Trump. These things do not happen by accident." Thus spoke a high-level US business mover and shaker with secure transit in rarified Masters of the Universe-related circles, amidst the utter political chaos provoked by head of the FBI James Comey's latest bombshell. It's virtually established by now that US Attorney General Loretta Lynch told Comey not to release his letter to Congress. But Comey did it anyway. If he had not, and a scandal would - inevitably - spring up after the US presidential election, Lynch would be perfectly positioned to deny she knew anything, and Comey would be on the firing line. Lynch is a certified Clinton machine asset. In 1999 then-President Bill Clinton appointed her to run the Brooklyn US Attorney's office. She left in 2002, taking the private practice revolving door. She was back to the Brooklyn office in 2010, urged by Obama. Five years later she became the 83rd US Attorney General, replacing the dodgy Eric Holder. A plausible case has been made that Comey took his fateful decision based on a serious internal revolt at the FBI - led by key people he trusts — as well as being egged-on by his wife. Yet one of the key questions that refuse to go away is why the FBI waited until 11 days before the US presidential election to supposedly "find" an email trove on certified sexting pervert Anthony Weiner's laptop.
  •      "As bad as it is the folks above the President make the decisions. They may have decided on Trump. These things do not happen by accident." Thus spoke a high-level US business mover and shaker with secure transit in rarified Masters of the Universe-related circles, amidst the utter political chaos provoked by head of the FBI James Comey's latest bombshell. It's virtually established by now that US Attorney General Loretta Lynch told Comey not to release his letter to Congress. But Comey did it anyway. If he had not, and a scandal would - inevitably - spring up after the US presidential election, Lynch would be perfectly positioned to deny she knew anything, and Comey would be on the firing line. Lynch is a certified Clinton machine asset. In 1999 then-President Bill Clinton appointed her to run the Brooklyn US Attorney's office. She left in 2002, taking the private practice revolving door. She was back to the Brooklyn office in 2010, urged by Obama. Five years later she became the 83rd US Attorney General, replacing the dodgy Eric Holder. A plausible case has been made that Comey took his fateful decision based on a serious internal revolt at the FBI - led by key people he trusts — as well as being egged-on by his wife. Yet one of the key questions that refuse to go away is why the FBI waited until 11 days before the US presidential election to supposedly "find" an email trove on certified sexting pervert Anthony Weiner's laptop.
  • The business source, although unsympathetic to the Clinton machine, especially in foreign policy, is a realpolitik practitioner, not a conspiracy theorist. He is adamant that, "the FBI reversal could not have happened without orders above the President. If the Masters [of the Universe] have changed their mind, then they will destroy Hillary." He adds, "they can make a deal with Donald just like anyone else; Donald wins; the Masters win; the people think that their voice has been heard. And then there will be some sort of (controlled) change." What's paramount in the whole soap opera is that faith in the US political system — as corrupt as it may be — must endure. That mirrors the faith in the US dollar; if confidence in the US dollar fails, the US as a hegemonic financial power is no more. The source is equally adamant that, "it is almost unprecedented to see a cover-up as extensive as Hillary's. A secret meeting between Bill Clinton and the Attorney General; the FBI ignoring all evidence and initially clearing Hillary to near rebellion of the whole of the FBI, attested to by Rudolf Giuliani whose reputation as a federal prosecutor is unquestioned; the Clinton "pay for play" foundation. The Masters are troubled that this is getting out of hand." The record shows that "the Masters do not usually have to go to such lengths to protect their own. They did manage to save Bill Clinton from the Monica Lewinsky perjury and keep him in the presidency. The Masters were not attacked in this case. They even got away with the 1987 cash settlement crash and the theft surrounding the Lehman debacle. In all these cases there were no overarching challenges to their control, as we see now open to the public by Trump. They antagonized and insulted the wrong man."
Paul Merrell

DARPA seeks the Holy Grail of search engines - 0 views

  • The scientists at DARPA say the current methods of searching the Internet for all manner of information just won't cut it in the future. Today the agency announced a program that would aim to totally revamp Internet search and "revolutionize the discovery, organization and presentation of search results." Specifically, the goal of DARPA's Memex program is to develop software that will enable domain-specific indexing of public web content and domain-specific search capabilities. According to the agency the technologies developed in the program will also provide the mechanisms for content discovery, information extraction, information retrieval, user collaboration, and other areas needed to address distributed aggregation, analysis, and presentation of web content.
  • Memex also aims to produce search results that are more immediately useful to specific domains and tasks, and to improve the ability of military, government and commercial enterprises to find and organize mission-critical publically available information on the Internet. "The current one-size-fits-all approach to indexing and search of web content limits use to the business case of web-scale commercial providers," the agency stated. 
  • The Memex program will address the need to move beyond a largely manual process of searching for exact text in a centralized index, including overcoming shortcomings such as: Limited scope and richness of indexed content, which may not include relevant components of the deep web such as temporary pages, pages behind forms, etc.; an impoverished index, which may not include shared content across pages, normalized content, automatic annotations, content aggregation, analysis, etc. Basic search interfaces, where every session is independent, there is no collaboration or history beyond the search term, and nearly exact text input is required; standard practice for interacting with the majority of web content, which remains one-at-a-time manual queries that return federated lists of results. Memex would ultimately apply to any public domain content; initially, DARPA  said it intends to develop Memex to address a key Defense Department mission: fighting human trafficking. Human trafficking is a factor in many types of military, law enforcement and intelligence investigations and has a significant web presence to attract customers. The use of forums, chats, advertisements, job postings, hidden services, etc., continues to enable a growing industry of modern slavery. An index curated for the counter-trafficking domain, along with configurable interfaces for search and analysis, would enable new opportunities to uncover and defeat trafficking enterprises.
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  • DARPA said the Memex program gets its name and inspiration from a hypothetical device described in "As We May Think," a 1945 article for The Atlantic Monthly written by Vannevar Bush, director of the U.S. Office of Scientific Research and Development (OSRD) during World War II. Envisioned as an analog computer to supplement human memory, the memex (a combination of "memory" and "index") would store and automatically cross-reference all of the user's books, records and other information. This cross-referencing, which Bush called associative indexing, would enable users to quickly and flexibly search huge amounts of information and more efficiently gain insights from it. The memex presaged and encouraged scientists and engineers to create hypertext, the Internet, personal computers, online encyclopedias and other major IT advances of the last seven decades, DARPA stated.
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    DoD announces that they want to go beyond Google. Lots more detail in the proposal description linked from the article. Interesting tidbits: [i] the dark web is a specific target; [ii] they want the ability to crawl web pages blocked by robots.txt; [iii] they want to be able to search page source code and comments. 
Gary Edwards

Welcome to Post-Constitution America - Peter Van Buren - 0 views

  • On July 30, 1778, the Continental Congress created the first whistleblower protection law, stating “that it is the duty of all persons in the service of the United States to give the earliest information to Congress or other proper authority of any misconduct, frauds, or misdemeanors committed by any officers or persons in the service of these states.”
  • Two hundred thirty-five years later, on July 30, 2013, Bradley Manning was found guilty on 20 of the 22 charges for which he was prosecuted, specifically for “espionage” and for videos of war atrocities he released, but not for “aiding the enemy.”
  • Days after the verdict, with sentencing hearings in which Manning could receive 136 years of prison time ongoing, the pundits have had their say. The problem is that they missed the most chilling aspect of the Manning case: the way it ushered us, almost unnoticed, into post-Constitutional America.
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  • As at Guantanamo, rules of evidence reaching back to early
  • During the months of the trial, the U.S. military refused to release official transcripts of the proceedings. Even a private courtroom sketch artist was barred from the room. Independent journalist and activist Alexa O’Brien then took it upon herself to attend the trial daily, defy the Army, and make an unofficial record of the proceedings by hand. Later in the trial, armed military police were stationed behind reporters listening to testimony. Above all, the feeling that Manning’s fate was predetermined could hardly be avoided. After all, President Obama, the former Constitutional law professor, essentially proclaimed him guilty back in 2011 and the Department of Defense didn’t hesitate to state more generally that “leaking is tantamount to aiding the enemies of the United States.”
  • And so to Bradley Manning. As the weaponry and technology of war came home, so did a new, increasingly Guantanamo-ized definition of justice. This is one thing the Manning case has made clear. As a start, Manning was treated no differently than America’s war-on-terror prisoners at Guantanamo and the black sites that the Bush administration set up around the world. Picked up on the “battlefield,” Manning was first kept incommunicado in a cage in Kuwait for two months with no access to a lawyer. Then, despite being an active duty member of the Army, he was handed over to the Marines, who also guard Guantanamo, to be held in a military prison in Quantico, Virginia. What followed were three years of cruel detainment, where, as might well have happened at Gitmo, Manning, kept in isolation, was deprived of clothing, communications, legal advice, and sleep. The sleep deprivation regime imposed on him certainly met any standard, other than Washington’s and possibly Pyongyang’s, for torture. In return for such abuse, even after a judge had formally ruled that he was subjected to excessively harsh treatment, Manning will only get a 112-day reduction in his eventual sentence. Eventually the Obama administration decided Manning was to be tried as a soldier before a military court. In the courtroom, itself inside a military facility that also houses NSA headquarters, there was a strikingly gulag-like atmosphere.  His trial was built around secret witnesses and secret evidence; severe restrictions were put on the press -- the Army denied press passes to 270 of the 350 media organizations that applied; and there was a clear appearance of injustice. Among other things, the judge ruled against nearly every defense motion.
  • “What constitutes due process in this case is a due process in war.”
  • Given all this, it is small comfort to know that Manning, nailed on the Espionage Act after multiple failures in other cases by the Obama administration, was not convicted of the extreme charge of “aiding the enemy.”
  • Obama administration lawyers went on to claim the legal right to execute U.S. citizens without trial or due process and have admitted to killing four Americans. Attorney General Eric Holder declared that “United States citizenship alone does not make such individuals immune from being targeted.”
  • As if competing for an Orwellian prize, an unnamed Obama administration official told the Washington Post,
  • English common law were turned upside down. In Manning’s case, he was convicted of espionage, even though the prosecution did not have to prove either his intent to help another government or that harm was caused; a civilian court had already paved the way for such a ruling in another whistleblower case. In addition, the government was allowed to label Manning a “traitor” and an “anarchist” in open court, though he was on trial for neither treason nor anarchy.
  • Similarly, full-spectrum spying is not considered to violate the Fourth Amendment and does not even require probable cause.
  • Justice can be twisted and tangled into an almost unrecognizable form and then used to send a young man to prison for decades.
  • Government officials concerned over possible wrongdoing in their departments or agencies who “go through proper channels” are fired or prosecuted.
  • Government whistleblowers are commanded to return to face justice, while law-breakers in the service of the government are allowed to flee justice. CIA officers who destroy evidence of torture go free, while a CIA agent who blew the whistle on torture is locked up.
  • Thanks to the PATRIOT Act, citizens, even librarians, can be served by the FBI with a National Security Letter (not requiring a court order) demanding records and other information, and gagging them from revealing to anyone that such information has been demanded or such a letter delivered.
  • Citizens may be held without trial, and denied their Constitutional rights as soon as they are designated “terrorists.” Lawyers and habeas corpus are available only when the government allows.
  • The war on whistleblowers is metastasizing into a war on the First Amendment.
  • People may now be convicted based on secret testimony by unnamed persons.
  • Military courts and jails can replace civilian ones.
  • An Obama administration Insider Threat Program requires federal employees (including the Peace Corps) to report on the suspicious behavior of coworkers.
  • Claiming its actions lawful while shielding the “legal” opinions cited, often even from Congress, the government can send its drones to assassinate its own citizens.
  • One by one, the tools and attitudes of the war on terror, of a world in which the “gloves” are eternally off, have come home.
  • The comic strip character Pogo’s classic warning -- “We have met the enemy and he is us” -- seems ever less like a metaphor.
  • According to the government, increasingly we are now indeed their enemy.
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    Well written and researched article describing what it means to live in a post-Constitutional America.  Chilling facts with a cold but obvious conclusion.
Paul Merrell

The Most Important Surveillance Order We Know Almost Nothing About | American Civil Liberties Union - 0 views

  • Over the last seven months, we have learned an incredible amount about the government's post-9/11 surveillance efforts. But there is a crucial gap in our basic understanding. We now know, for example, a good deal about how the government conducts surveillance that targets Americans, and about surveillance of foreigners that sweeps up Americans' international communications when the actual surveillance takes place on U.S. soil (for example, from a Google facility in the United States). But we still know very little about Executive Order 12,333, which governs the NSA's surveillance abroad — even when that surveillance sweeps up Americans' communications. To fill that gap, the ACLU, along with the Media Freedom and Information Access Clinic at Yale Law School, today filed a Freedom of Information Act lawsuit demanding that the government release basic information about its use of Executive Order 12,333 to conduct surveillance of Americans' international communications. Why is Executive Order 12,333 so important? Here is how we explained it in our complaint (filed today in federal court in New York):
  • Although EO 12,333 permits the government to target foreigners abroad for surveillance, recent revelations have confirmed that the government interprets that authority to permit sweeping monitoring of Americans' international communications. How the government conducts this surveillance, and whether it appropriately accommodates the constitutional rights of American citizens and residents whose communications are intercepted in the course of that surveillance, are matters of great public significance and concern. While the government has released several documents describing the rules that govern its collection and use of Americans' international communications under statutory authorities regulating surveillance on U.S. soil, little information is publicly available regarding the rules that apply to surveillance of Americans' international calls and emails under EO 12,333. That gap in public knowledge is particularly troubling in light of recent revelations, which make clear that the NSA is collecting vast quantities of data worldwide pursuant to EO 12,333. For instance, recent news reports indicate that, relying on the executive order, the NSA is collecting: nearly 5 billion records per day on the location of cell phones, including Americans' cell phones; hundreds of millions of contact lists or address books from personal email and instant messaging accounts; and information from Google and Yahoo user accounts as that information travels between those companies' data centers located abroad.
  • The core of the problem is that the NSA has, for years, relied upon its authority to gather foreign intelligence as permission to conduct sweeping surveillance of Americans' international communications. We know that this happens under the laws that govern surveillance on U.S. soil, and recent revelations confirm that it happens — perhaps to an even greater extent — in the surveillance that takes place abroad under Executive Order 12,333. Moreover, the rules that govern surveillance under the executive order are of particular concern because that surveillance is not meaningfully overseen by Congress, and it is not overseen at all by the Foreign Intelligence Surveillance Court. In other words, the executive is conducting surveillance under its own executive order without any real oversight. We now know too well that unchecked surveillance authority can lead to dangerous overreach. That's why we are fighting for the release of documents that would shed light on the internal rules that the executive has set for itself when it monitors international communications abroad — including Americans' international communications.
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    The lawsuit names as defendants the CIA, NSA, and DoD (because the Defense Intelligence Agency is under DoD). 
Paul Merrell

United States v. United States Dist. Court for Eastern Dist. of Mich., 407 US 297 - Supreme Court 1972 - Google Scholar - 0 views

  • But a recognition of these elementary truths does not make the employment by Government of electronic surveillance a welcome development—even when employed with restraint and under judicial supervision. There is, understandably, a deep-seated uneasiness and apprehension that this capability will be used to intrude upon cherished privacy of law-abiding citizens.[13] We 313*313 look to the Bill of Rights to safeguard this privacy. Though physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed, its broader spirit now shields private speech from unreasonable surveillance. Katz v. United States, supra; Berger v. New York, supra; Silverman v. United States, 365 U. S. 505 (1961). Our decision in Katz refused to lock the Fourth Amendment into instances of actual physical trespass. Rather, the Amendment governs "not only the seizure of tangible items, but extends as well to the recording of oral statements . . . without any `technical trespass under . . . local property law.'" Katz, supra, at 353. That decision implicitly recognized that the broad and unsuspected governmental incursions into conversational privacy which electronic surveillance entails[14] necessitate the application of Fourth Amendment safeguards.
  • National security cases, moreover, often reflect a convergence of First and Fourth Amendment values not present in cases of "ordinary" crime. Though the investigative duty of the executive may be stronger in such cases, so also is there greater jeopardy to constitutionally protected speech. "Historically the struggle for freedom of speech and press in England was bound up with the issue of the scope of the search and seizure 314*314 power," Marcus v. Search Warrant, 367 U. S. 717, 724 (1961). History abundantly documents the tendency of Government—however benevolent and benign its motives —to view with suspicion those who most fervently dispute its policies. Fourth Amendment protections become the more necessary when the targets of official surveillance may be those suspected of unorthodoxy in their political beliefs. The danger to political dissent is acute where the Government attempts to act under so vague a concept as the power to protect "domestic security." Given the difficulty of defining the domestic security interest, the danger of abuse in acting to protect that interest becomes apparent. Senator Hart addressed this dilemma in the floor debate on § 2511 (3):
  • "As I read it—and this is my fear—we are saying that the President, on his motion, could declare— name your favorite poison—draft dodgers, Black Muslims, the Ku Klux Klan, or civil rights activists to be a clear and present danger to the structure or existence of the Government."[15] The price of lawful public dissent must not be a dread of subjection to an unchecked surveillance power. Nor must the fear of unauthorized official eavesdropping deter vigorous citizen dissent and discussion of Government action in private conversation. For private dissent, no less than open public discourse, is essential to our free society.
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  • As the Fourth Amendment is not absolute in its terms, our task is to examine and balance the basic values at stake in this case: the duty of Government 315*315 to protect the domestic security, and the potential danger posed by unreasonable surveillance to individual privacy and free expression. If the legitimate need of Government to safeguard domestic security requires the use of electronic surveillance, the question is whether the needs of citizens for privacy and free expression may not be better protected by requiring a warrant before such surveillance is undertaken. We must also ask whether a warrant requirement would unduly frustrate the efforts of Government to protect itself from acts of subversion and overthrow directed against it. Though the Fourth Amendment speaks broadly of "unreasonable searches and seizures," the definition of "reasonableness" turns, at least in part, on the more specific commands of the warrant clause. Some have argued that "[t]he relevant test is not whether it is reasonable to procure a search warrant, but whether the search was reasonable," United States v. Rabinowitz, 339 U. S. 56, 66 (1950).[16] This view, however, overlooks the second clause of the Amendment. The warrant clause of the Fourth Amendment is not dead language. Rather, it has been
  • "a valued part of our constitutional law for decades, and it has determined the result in scores and scores of cases in courts all over this country. It is not an inconvenience to be somehow `weighed' against the claims of police efficiency. It is, or should 316*316 be, an important working part of our machinery of government, operating as a matter of course to check the `well-intentioned but mistakenly overzealous executive officers' who are a part of any system of law enforcement." Coolidge v. New Hampshire, 403 U. S., at 481. See also United States v. Rabinowitz, supra, at 68 (Frankfurter, J., dissenting); Davis v. United States, 328 U. S. 582, 604 (1946) (Frankfurter, J., dissenting). Over two centuries ago, Lord Mansfield held that common-law principles prohibited warrants that ordered the arrest of unnamed individuals who the officer might conclude were guilty of seditious libel. "It is not fit," said Mansfield, "that the receiving or judging of the information should be left to the discretion of the officer. The magistrate ought to judge; and should give certain directions to the officer." Leach v. Three of the King's Messengers, 19 How. St. Tr. 1001, 1027 (1765).
  • Lord Mansfield's formulation touches the very heart of the Fourth Amendment directive: that, where practical, a governmental search and seizure should represent both the efforts of the officer to gather evidence of wrongful acts and the judgment of the magistrate that the collected evidence is sufficient to justify invasion of a citizen's private premises or conversation. Inherent in the concept of a warrant is its issuance by a "neutral and detached magistrate." Coolidge v. New Hampshire, supra, at 453; Katz v. United States, supra, at 356. The further requirement of "probable cause" instructs the magistrate that baseless searches shall not proceed. These Fourth Amendment freedoms cannot properly be guaranteed if domestic security surveillances may be conducted solely within the discretion of the Executive 317*317 Branch. The Fourth Amendment does not contemplate the executive officers of Government as neutral and disinterested magistrates. Their duty and responsibility are to enforce the laws, to investigate, and to prosecute. Katz v. United States, supra, at 359-360 (DOUGLAS, J., concurring). But those charged with this investigative and prosecutorial duty should not be the sole judges of when to utilize constitutionally sensitive means in pursuing their tasks. The historical judgment, which the Fourth Amendment accepts, is that unreviewed executive discretion may yield too readily to pressures to obtain incriminating evidence and overlook potential invasions of privacy and protected speech.[17]
  • It may well be that, in the instant case, the Government's surveillance of Plamondon's conversations was a reasonable one which readily would have gained prior judicial approval. But this Court "has never sustained a search upon the sole ground that officers reasonably expected to find evidence of a particular crime and voluntarily confined their activities to the least intrusive means consistent with that end." Katz, supra, at 356-357. The Fourth Amendment contemplates a prior judicial judgment,[18] not the risk that executive discretion may be reasonably exercised. This judicial role accords with our basic constitutional doctrine that individual freedoms will best be preserved through a separation of powers and division of functions among the different branches and levels of Government. Harlan, Thoughts at a Dedication: Keeping the Judicial Function in Balance, 49 A. B. A. J. 943-944 (1963). The independent check upon executive discretion is not 318*318 satisfied, as the Government argues, by "extremely limited" post-surveillance judicial review.[19] Indeed, post-surveillance review would never reach the surveillances which failed to result in prosecutions. Prior review by a neutral and detached magistrate is the time-tested means of effectuating Fourth Amendment rights. Beck v. Ohio, 379 U. S. 89, 96 (1964).
  • But we do not think a case has been made for the requested departure from Fourth Amendment standards. The circumstances described do not justify complete exemption of domestic security surveillance from prior judicial scrutiny. Official surveillance, whether its purpose be criminal investigation or ongoing intelligence gathering, risks infringement of constitutionally protected privacy of speech. Security surveillances are especially sensitive because of the inherent vagueness of the domestic security concept, the necessarily broad and continuing nature of intelligence gathering, and the temptation to utilize such surveillances to oversee political dissent. We recognize, as we have before, the constitutional basis of the President's domestic security role, but we think it must be exercised in a manner compatible with the Fourth Amendment. In this case we hold that this requires an appropriate prior warrant procedure. We cannot accept the Government's argument that internal security matters are too subtle and complex for judicial evaluation. Courts regularly deal with the most difficult issues of our society. There is no reason to believe that federal judges will be insensitive to or uncomprehending of the issues involved in domestic security cases. Certainly courts can recognize that domestic security surveillance involves different considerations from the surveillance of "ordinary crime." If the threat is too subtle or complex for our senior law enforcement officers to convey its significance to a court, one may question whether there is probable cause for surveillance.
  • Nor do we believe prior judicial approval will fracture the secrecy essential to official intelligence gathering. The investigation of criminal activity has long 321*321 involved imparting sensitive information to judicial officers who have respected the confidentialities involved. Judges may be counted upon to be especially conscious of security requirements in national security cases. Title III of the Omnibus Crime Control and Safe Streets Act already has imposed this responsibility on the judiciary in connection with such crimes as espionage, sabotage, and treason, §§ 2516 (1) (a) and (c), each of which may involve domestic as well as foreign security threats. Moreover, a warrant application involves no public or adversary proceedings: it is an ex parte request before a magistrate or judge. Whatever security dangers clerical and secretarial personnel may pose can be minimized by proper administrative measures, possibly to the point of allowing the Government itself to provide the necessary clerical assistance.
  • Thus, we conclude that the Government's concerns do not justify departure in this case from the customary Fourth Amendment requirement of judicial approval prior to initiation of a search or surveillance. Although some added burden will be imposed upon the Attorney General, this inconvenience is justified in a free society to protect constitutional values. Nor do we think the Government's domestic surveillance powers will be impaired to any significant degree. A prior warrant establishes presumptive validity of the surveillance and will minimize the burden of justification in post-surveillance judicial review. By no means of least importance will be the reassurance of the public generally that indiscriminate wiretapping and bugging of law-abiding citizens cannot occur.
  • As the surveillance of Plamondon's conversations was unlawful, because conducted without prior judicial approval, the courts below correctly held that Alderman v. United States, 394 U. S. 165 (1969), is controlling and that it requires disclosure to the accused of his own impermissibly intercepted conversations. As stated in Alderman, "the trial court can and should, where appropriate, place a defendant and his counsel under enforceable orders against unwarranted disclosure of the materials which they may be entitled to inspect." 394 U. S., at 185.[21]
Paul Merrell

ISIS: Made in Washington, Riyadh - and Tel Aviv by Justin Raimondo -- Antiwar.com - 0 views

  • The Islamic State in Iraq and Syria (ISIS) is being touted as the newest "threat" to the American homeland: hysterics have pointed to Chicago as the locus of their interest, and we are told by everyone from the President on down that if we don’t attack them – i.e. go back into Iraq (and even venture into Syria) to root them out – they’ll soon show up on American shores.
  • If we step back from the hysteria generated by the beheading of US journalist James Foley, what’s clear is that this new bogeyman is the creation of the United States and its allies in the region. ISIS didn’t just arise out of the earth like some Islamist variation on the fabled Myrmidons: they needed money, weapons, logistics, propaganda facilities, and international connections to reach the relatively high level of organization and lethality they seem to have achieved in such a short period of time. Where did they get these assets? None of this is any secret: Saudi Arabia, Qatar, and the rest of the oil-rich Gulf states have been backing them all the way. Prince Bandar al-Sultan, until recently the head of the Kingdom’s intelligence agency – and still the chief of its National Security Council – has been among their biggest backers. Qatar and the Gulf states have also been generous in their support for the Syrian jihadists who were too radical for the US to openly back. Although pressure from Washington – only recently exerted – has reportedly forced them to cut off the aid, ISIS is now an accomplished fact – and how can anyone say that support has entirely evaporated instead of merely going underground?
  • Washington’s responsibility for the success of ISIS is less direct, but no less damning. The US was in a de facto alliance with the groups that merged to form ISIS ever since President Barack Obama declared Syria’s Bashar al-Assad "must go" – and Washington started funding Syrian rebel groups whose composition and leadership kept changing. By funding the Free Syrian Army (FSA), our "vetted" Syrian Islamists, this administration has actively worked to defeat the only forces capable of rooting out ISIS from its Syrian nest – Assad’s Ba’athist government. Millions of dollars in overt aid – and who knows how much covertly? – were pumped into the FSA. How much of that seeped into the coffers of ISIS when constantly forming and re-forming chameleon-like rebel groups defected from the FSA? These defectors didn’t just go away: they joined up with more radical – and militarily effective – Islamist militias, some of which undoubtedly found their way to ISIS. How many ISIS cadres who started out in the FSA were trained and equipped by American "advisors" in neighboring Jordan? We’ll never know the exact answer to that question, but the number is very likely not zero – and this Mother Jones piece shows that, at least under the Clinton-Petraeus duo, the "vetting" process was a joke. Furthermore, Senator Rand Paul (R-Kentucky) may have been on to something when he confronted Hillary with the contention that some of the arms looted from Gaddafi’s arsenals may well have reached the Syrian rebels. There was, after all, the question of where that mysterious "charity ship," the Al Entisar, carrying "humanitarian aid" to the Syrian rebels headquartered in Turkey, sailed from.
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  • In a recent public event held at the Aspen Institute, former Israeli ambassador to the US Michael Oren bluntly stated that in any struggle between the Sunni jihadists and their Iranian Shi’ite enemies, the former are the "lesser evil." They’re all "bad guys," says Oren, but "we always wanted Bashar Assad to go, we always preferred the bad guys who weren’t backed by Iran to the bad guys who were backed by Iran." Last year, Sima Shine, Israel’s Minister of Strategic Affairs, declared: "The alternative, whereby [Assad falls and] Jihadists flock to Syria, is not good. We have no good options in Syria. But Assad remaining along with the Iranians is worse. His ouster would exert immense pressure on Iran." None of this should come as much of a surprise to anyone who has been following Israel’s machinations in the region. It has long been known that the Israelis have been standing very close to the sidelines of the Syrian civil war, gloating and hoping for "no outcome," as this New York Times piece put it.
  • Secondly, the open backing by the US of particular Syrian rebel groups no doubt discredited them in the eyes of most Islamist types, driving them away from the FSA and into the arms of ISIS. When it became clear Washington wasn’t going to provide air support for rebel actions on the ground, these guys left the FSA in droves – and swelled the ranks of groups that eventually coalesced into ISIS. Thirdly, the one silent partner in all this has been the state of Israel. While there is no evidence of direct Israeli backing, the public statements of some top Israeli officials lead one to believe Tel Aviv has little interest in stopping the ISIS threat – except, of course, to urge Washington to step deeper into the Syrian quagmire.
  • Israel’s goal in the region has been to gin up as much conflict and chaos as possible, keeping its Islamic enemies divided, making it impossible for any credible challenge to arise among its Arab neighbors – and aiming the main blow at Tehran. As Ambassador Oren so brazenly asserted – while paying lip service to the awfulness of ISIS and al-Qaeda – their quarrel isn’t really with the Arabs, anyway – it’s with the Persians, whom they fear and loathe, and whose destruction has been their number one objective since the days of Ariel Sharon. Why anyone is shocked that our Middle Eastern allies have been building up Sunni radicals in the region is beyond me – because this has also been de facto US policy since the Bush administration, which began recruiting American assets in the Sunni region as the linchpin of the Iraqi "surge." This was part and parcel of the so-called "Sunni turn," or "redirection," in Seymour Hersh’s phrase, which, as I warned in 2006, would become Washington’s chosen strategy for dealing with what they called the "Shia crescent" – the crescent-shaped territory spanning Iran, Iraq, Syria, and parts of Lebanon under Hezbollah’s control, which the neocons began pointing to as the Big New Threat shortly after Saddam Hussein’s defeat.
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    If one were to attempt to write the most damning yet throughly referenced report on U.S. involvement with ISIL, this manuscript would make a very good first draft.  But probably unintentionally, the author gives less credit to Israel than it is due. At least twice (and I think more but would have to check), the Israeli Air Force has struck Syria, destroying Russian heavy weaponry, missiles capable of reaching Israel, being delivered to the Lebanonese Hezbollah in Syria. Hesbollah is fighting side-by-side with the Syrian government forces in Syria. So Israel has had a direct and overt hand in the Syrian war. 
Paul Merrell

Still Secret: Second Circuit Keeps More Drone Memos From the Public | Just Security - 0 views

  • Secret law has been anathema to our democracy since its Founding, but a federal appeals court just gave us more of it.
  • We might forgive the citizenry’s confusion, though, in attempting to square those principles with the decision by the Second Circuit Court of Appeals, published yesterday, holding that the government may continue to keep secret nine legal memoranda by the Justice Department’s Office of Legal Counsel analyzing the legality of targeted killings carried out by the US government. It was just more than a year ago that the same panel of the same court ordered the government to disclose key portions of a July 2010 OLC memorandum that authorized the targeted killing of an American citizen in Yemen. At the time, the court’s opinion seemed to promise at least a partial solution to a problem straight (as the district court in the same case put it) from Alice in Wonderland: that [a] thicket of laws and precedents … effectively allow the Executive Branch of our Government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws, while keeping the reasons for its conclusion a secret.
  • Yesterday’s opinion retreats from that promise by keeping much of the government’s law of the targeted killing program secret. (In this and two other cases, the ACLU continues to seek more than 100 other legal memoranda authored by various agencies concerning targeted killing.) It does so in two ways that warrant attention. First, the court suggests that OLC merely gives advice to executive branch agencies, and that OLC’s legal memoranda do not establish the “working law” of the government because agencies might not “adopt” the memoranda’s legal analysis as their own. This argument is legally flawed and, moreover, it flies in the face of the public evidence concerning how the executive branch treats opinions issued by OLC. In an OLC memorandum published, ironically or not, the same day (July 16, 2010) and over the same signature (David Barron’s) as the targeted killing memorandum released at the Second Circuit’s behest last year, the OLC explains that its “central function” is to provide “controlling legal advice to Executive Branch officials.” And not even two weeks ago, the acting head of the OLC told the public that even informally drafted legal advice emanating from his office is “binding by custom and practice in the executive branch,” that “[i]t’s the official view of the office, and that “[p]eople are supposed to and do follow it.”
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  • But that’s not what the government told the Second Circuit, and it’s not what the Second Circuit has now suggested is the law. Second, the Second Circuit’s new opinion endorses the continued official secrecy over any discussion of a document that has supplied a purported legal basis for the targeted killing program since almost immediately after the September 11 attacks. The document — a September 17, 2001 “Memorandum of Notification” — is not much of a secret. The government publicly identified it in litigation with the ACLU eight years ago; the Senate Intelligence Committee cited it numerous times in its recent torture report; and the press frequently makes reference to it. Not only that, but the Central Intelligence Agency’s former top lawyer, John Rizzo, freely discussed it in his recent memoir. According to Rizzo, the September 17 MON is “the most comprehensive, most ambitious, most aggressive, and most risky” legal authorization of the last decade and a half — which is saying something. Rizzo explains that the MON authorizes targeted killings of suspected terrorists by the CIA, and in his new book, Power Wars, Charlie Savage reports that the MON is the original source of the controversial (and legally novel) “continuing and imminent threat” standard the government uses to govern the lethal targeting of individuals outside of recognized battlefields. The MON is also likely to have authorized an end run around the assassination “ban” in Executive Order 12333 — a legal maneuver that is discussed in, but almost entirely redacted from, an earlier OLC analysis of targeted killing.
  • In yesterday’s opinion, the Second Circuit upheld the government’s withholding of a 2002 OLC memorandum that “concerns Executive Order 12333,” which almost certainly analyzes the effect of the September 17 MON, as well as of five other memoranda that “discuss another document that remains entitled to protection.” If indeed that “document” is the MON, it would seem to be yet another case of what the DC Circuit pointedly criticized, in a 2013 opinion, as the granting of judicial “imprimatur to a fiction of deniability that no reasonable person would regard as plausible.” In that case, the DC Circuit went on to quote Justice Frankfurter: “‘There comes a point where … Court[s] should not be ignorant as judges of what [they] know as men’ and women.” Last year, the Second Circuit took that admonishment to heart when it published the July 2010 OLC memorandum. Unfortunately, yesterday, rather than once again opening the country’s eyes to the law our government is applying behind closed doors, the Second Circuit closed its own.
Paul Merrell

It Can Happen Here: The Confiscation Scheme Planned for US and UK Depositors - 0 views

  • Confiscating the customer deposits in Cyprus banks, it seems, was not a one-off, desperate idea of a few Eurozone “troika” officials scrambling to salvage their balance sheets. A joint paper by the US Federal Deposit Insurance Corporation and the Bank of England dated December 10, 2012, shows that these plans have been long in the making; that they originated with the G20 Financial Stability Board in Basel, Switzerland (discussed earlier here); and that the result will be to deliver clear title to the banks of depositor funds.  
  • Although few depositors realize it, legally the bank owns the depositor’s funds as soon as they are put in the bank. Our money becomes the bank’s, and we become unsecured creditors holding IOUs or promises to pay. (See here and here.) But until now the bank has been obligated to pay the money back on demand in the form of cash. Under the FDIC-BOE plan, our IOUs will be converted into “bank equity.”  The bank will get the money and we will get stock in the bank. With any luck we may be able to sell the stock to someone else, but when and at what price? Most people keep a deposit account so they can have ready cash to pay the bills.
  • The 15-page FDIC-BOE document is called “Resolving Globally Active, Systemically Important, Financial Institutions.”  It begins by explaining that the 2008 banking crisis has made it clear that some other way besides taxpayer bailouts is needed to maintain “financial stability.” Evidently anticipating that the next financial collapse will be on a grander scale than either the taxpayers or Congress is willing to underwrite, the authors state: An efficient path for returning the sound operations of the G-SIFI to the private sector would be provided by exchanging or converting a sufficient amount of the unsecured debt from the original creditors of the failed company [meaning the depositors] into equity [or stock]. In the U.S., the new equity would become capital in one or more newly formed operating entities. In the U.K., the same approach could be used, or the equity could be used to recapitalize the failing financial company itself—thus, the highest layer of surviving bailed-in creditors would become the owners of the resolved firm. In either country, the new equity holders would take on the corresponding risk of being shareholders in a financial institution.
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  • No exception is indicated for “insured deposits” in the U.S., meaning those under $250,000, the deposits we thought were protected by FDIC insurance. This can hardly be an oversight, since it is the FDIC that is issuing the directive. The FDIC is an insurance company funded by premiums paid by private banks.
  • If our IOUs are converted to bank stock, they will no longer be subject to insurance protection but will be “at risk” and vulnerable to being wiped out, just as the Lehman Brothers shareholders were in 2008.  That this dire scenario could actually materialize was underscored by Yves Smith in a March 19th post titled When You Weren’t Looking, Democrat Bank Stooges Launch Bills to Permit Bailouts, Deregulate Derivatives.  She writes: In the US, depositors have actually been put in a worse position than Cyprus deposit-holders, at least if they are at the big banks that play in the derivatives casino. The regulators have turned a blind eye as banks use their depositaries to fund derivatives exposures. And as bad as that is, the depositors, unlike their Cypriot confreres, aren’t even senior creditors. Remember Lehman? When the investment bank failed, unsecured creditors (and remember, depositors are unsecured creditors) got eight cents on the dollar. One big reason was that derivatives counterparties require collateral for any exposures, meaning they are secured creditors. The 2005 bankruptcy reforms made derivatives counterparties senior to unsecured lenders.
  • One might wonder why the posting of collateral by a derivative counterparty, at some percentage of full exposure, makes the creditor “secured,” while the depositor who puts up 100 cents on the dollar is “unsecured.” But moving on – Smith writes: Lehman had only two itty bitty banking subsidiaries, and to my knowledge, was not gathering retail deposits. But as readers may recall, Bank of America moved most of its derivatives from its Merrill Lynch operation [to] its depositary in late 2011. Its “depositary” is the arm of the bank that takes deposits; and at B of A, that means lots and lots of deposits. The deposits are now subject to being wiped out by a major derivatives loss. How bad could that be? Smith quotes Bloomberg:
  • . . . Bank of America’s holding company . . . held almost $75 trillion of derivatives at the end of June . . . . That compares with JPMorgan’s deposit-taking entity, JPMorgan Chase Bank NA, which contained 99 percent of the New York-based firm’s $79 trillion of notional derivatives, the OCC data show. $75 trillion and $79 trillion in derivatives! These two mega-banks alone hold more in notional derivatives each than the entire global GDP (at $70 trillion).
  • Are you safe, then, if your money is in gold and silver? Apparently not – if it’s stored in a safety deposit box in the bank.  Homeland Security has reportedly told banks that it has authority to seize the contents of safety deposit boxes without a warrant when it’s a matter of “national security,” which a major bank crisis no doubt will be.
  • Another alternative was considered but rejected by President Obama in 2009: nationalize mega-banks that fail. In a February 2009 article titled “Are Uninsured Bank Depositors in Danger?“, Felix Salmon discussed a newsletter by Asia-based investment strategist Christopher Wood, in which Wood wrote: It is . . . amazing that Obama does not understand the political appeal of the nationalization option. . . . [D]espite this latest setback nationalization of the banks is coming sooner or later because the realities of the situation will demand it. The result will be shareholders wiped out and bondholders forced to take debt-for-equity swaps, if not hopefully depositors.
  • President Obama acknowledged that bank nationalization had worked in Sweden, and that the course pursued by the US Fed had not worked in Japan, which wound up instead in a “lost decade.”  But Obama opted for the Japanese approach because, according to Ed Harrison, “Americans will not tolerate nationalization.” But that was four years ago. When Americans realize that the alternative is to have their ready cash transformed into “bank stock” of questionable marketability, moving failed mega-banks into the public sector may start to have more appeal.
Paul Merrell

What was the Israeli involvement in collecting U.S. communications intel for NSA? - Diplomacy & Defense - Israel News | Haaretz Daily Newspaper - 0 views

  • Were Israeli companies Verint and Narus the ones that collected information from the U.S. communications network for the National Security Agency? The question arises amid controversy over revelations that the NSA has been collecting the phone records of hundreds of millions of Americans every day, creating a database through which it can learn whether terror suspects have been in contact with people in the United States. It also was disclosed this week that the NSA has been gathering all Internet usage - audio, video, photographs, emails and searches - from nine major U.S. Internet providers, including Microsoft and Google, in hopes of detecting suspicious behavior that begins overseas.
  • According to an article in the American technology magazine "Wired" from April 2012, two Israeli companies – which the magazine describes as having close connections to the Israeli security community – conduct bugging and wiretapping for the NSA. Verint, which took over its parent company Comverse Technology earlier this year, is responsible for tapping the communication lines of the American telephone giant Verizon, according to a past Verizon employee sited by James Bamford in Wired. Neither Verint nor Verizon commented on the matter.
  • Natus, which was acquired in 2010 by the American company Boeing, supplied the software and hardware used at AT&T wiretapping rooms, according to whistleblower Mark Klein, who revealed the information in 2004. Klein, a past technician at AT&T who filed a suit against the company for spying on its customers, revealed a "secret room" in the company's San Fransisco office, where the NSA collected data on American citizens' telephone calls and Internet surfing. Klein's claims were reinforced by former NSA employee Thomas Drake who testified that the agency uses a program produced by Narus to save the personal electrical communications of AT&T customers.  Both Verint and Narus have ties to the Israeli intelligence agency and the Israel Defense Forces intelligence-gathering unit 8200. Hanan Gefen, a former commander of the 8200 unit, told Forbes magazine in 2007 that Comverse's technology, which was formerly the parent company of Verint and merged with it this year, was directly influenced by the technology of 8200. Ori Cohen, one of the founders of Narus, told Fortune magazine in 2001 that his partners had done technology work for the Israeli intelligence.
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  • "Nobody is listening to your telephone calls," Obama assured the nation after two days of reports that many found unsettling. What the government is doing, he said, is digesting phone numbers and the durations of calls, seeking links that might "identify potential leads with respect to folks who might engage in terrorism." If there's a hit, he said, "if the intelligence community then actually wants to listen to a phone call, they've got to go back to a federal judge, just like they would in a criminal investigation."
  • Obama said U.S. intelligence officials are looking at phone numbers and lengths of calls - not at people's names - and not listening in.
  •  
    It figures that the Israeli creators of the Stuxnet worm would be involved. And here we also get our reminder why Obama is lying. We hearken back to the days when several ISPs and Telcos were being sued in class actions for providing NSA with access to their subscriber's phone calls and internet traffic.  Those suits ended only after Congress passed legislation immunizing the companies from suit for collaboration with NSA. The net effect was to allow the NSA to continue eavesdropping. So it matters not that Prism allegedly only gets the communications metadata. NSA need only correlate the metadata with the actual communications obtained from the Telcos and ISPs.   
Paul Merrell

Obama defends internet surveillance programs - video | World news | guardian.co.uk - 0 views

  • Barack Obama defends US government programs that have reportedly conducted surveillance of people's personal phone and internet activity. Federal authorities have allegedly been mining data from companies such as Google, Apple and Facebook to gain access to emails, photos and other files allowing analysts to track a person's movements and contacts. The US president insists the surveillance programa strike a good balance between safety and privacy
  •  
    Short video worth watching. Obama repeatedly struck by ephasia while attempting to justify the NSA surveillance programs recently revealed by leaks. His demeanor reminds me a lot of one of Nixon's last speeches before he resigned. He's definitely well beyond merely flustered. He also lies, claiming that no one is listening to your phone calls, no one is reading your emails. 
Paul Merrell

Edward Snowden: NSA whistleblower answers reader questions | World news | guardian.co.uk - 0 views

  • The 29-year-old former NSA contractor and source of the Guardian's NSA files coverage will – with the help of Glenn Greenwald – take your questions today on why he revealed the NSA's top-secret surveillance of US citizens, the international storm that has ensued, and the uncertain future he now faces. Ask him anything.
  • I did not reveal any US operations against legitimate military targets. I pointed out where the NSA has hacked civilian infrastructure such as universities, hospitals, and private businesses because it is dangerous. These nakedly, aggressively criminal acts are wrong no matter the target. Not only that, when NSA makes a technical mistake during an exploitation operation, critical systems crash. Congress hasn't declared war on the countries - the majority of them are our allies - but without asking for public permission, NSA is running network operations against them that affect millions of innocent people. And for what? So we can have secret access to a computer in a country we're not even fighting? So we can potentially reveal a potential terrorist with the potential to kill fewer Americans than our own Police? No, the public needs to know the kinds of things a government does in its name, or the "consent of the governed" is meaningless.
  • I was debriefed by Glenn and his peers over a number of days, and not all of those conversations were recorded. The statement I made about earnings was that $200,000 was my "career high" salary. I had to take pay cuts in the course of pursuing specific work. Booz was not the most I've been paid.
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  • 1) More detail on how direct NSA's accesses are is coming, but in general, the reality is this: if an NSA, FBI, CIA, DIA, etc analyst has access to query raw SIGINT databases, they can enter and get results for anything they want. Phone number, email, user id, cell phone handset id (IMEI), and so on - it's all the same. The restrictions against this are policy based, not technically based, and can change at any time. Additionally, audits are cursory, incomplete, and easily fooled by fake justifications. For at least GCHQ, the number of audited queries is only 5% of those performed.
  • Obama's campaign promises and election gave me faith that he would lead us toward fixing the problems he outlined in his quest for votes. Many Americans felt similarly. Unfortunately, shortly after assuming power, he closed the door on investigating systemic violations of law, deepened and expanded several abusive programs, and refused to spend the political capital to end the kind of human rights violations like we see in Guantanamo, where men still sit without charge.
  • All I can say right now is the US Government is not going to be able to cover this up by jailing or murdering me. Truth is coming, and it cannot be stopped
  • NSA likes to use "domestic" as a weasel word here for a number of reasons. The reality is that due to the FISA Amendments Act and its section 702 authorities, Americans’ communications are collected and viewed on a daily basis on the certification of an analyst rather than a warrant. They excuse this as "incidental" collection, but at the end of the day, someone at NSA still has the content of your communications. Even in the event of "warranted" intercept, it's important to understand the intelligence community doesn't always deal with what you would consider a "real" warrant like a Police department would have to, the "warrant" is more of a templated form they fill out and send to a reliable judge with a rubber stamp.
  • Glenn Greenwald follow up: When you say "someone at NSA still has the content of your communications" - what do you mean? Do you mean they have a record of it, or the actual content? Both. If I target for example an email address, for example under FAA 702, and that email address sent something to you, Joe America, the analyst gets it. All of it. IPs, raw data, content, headers, attachments, everything. And it gets saved for a very long time - and can be extended further with waivers rather than warrants.
  • What are your thoughts on Google's and Facebook's denials? Do you think that they're honestly in the dark about PRISM, or do you think they're compelled to lie? Perhaps this is a better question to a lawyer like Greenwald, but: If you're presented with a secret order that you're forbidding to reveal the existence of, what will they actually do if you simply refuse to comply (without revealing the order)? Answer: Their denials went through several revisions as it become more and more clear they were misleading and included identical, specific language across companies. As a result of these disclosures and the clout of these companies, we're finally beginning to see more transparency and better details about these programs for the first time since their inception. They are legally compelled to comply and maintain their silence in regard to specifics of the program, but that does not comply them from ethical obligation. If for example Facebook, Google, Microsoft, and Apple refused to provide this cooperation with the Intelligence Community, what do you think the government would do? Shut them down?
  • Some skepticism exists about certain of your claims, including this: I, sitting at my desk, certainly had the authorities to wiretap anyone, from you, or your accountant, to a federal judge, to even the President if I had a personal email. Do you stand by that, and if so, could you elaborate? Answer: Yes, I stand by it. US Persons do enjoy limited policy protections (and again, it's important to understand that policy protection is no protection - policy is a one-way ratchet that only loosens) and one very weak technical protection - a near-the-front-end filter at our ingestion points. The filter is constantly out of date, is set at what is euphemistically referred to as the "widest allowable aperture," and can be stripped out at any time. Even with the filter, US comms get ingested, and even more so as soon as they leave the border. Your protected communications shouldn't stop being protected communications just because of the IP they're tagged with. More fundamentally, the "US Persons" protection in general is a distraction from the power and danger of this system. Suspicionless surveillance does not become okay simply because it's only victimizing 95% of the world instead of 100%. Our founders did not write that "We hold these Truths to be self-evident, that all US Persons are created equal."
  • Edward, there is rampant speculation, outpacing facts, that you have or will provide classified US information to the Chinese or other governments in exchange for asylum. Have/will you? Answer: This is a predictable smear that I anticipated before going public, as the US media has a knee-jerk "RED CHINA!" reaction to anything involving HK or the PRC, and is intended to distract from the issue of US government misconduct. Ask yourself: if I were a Chinese spy, why wouldn't I have flown directly into Beijing? I could be living in a palace petting a phoenix by now.
  • US officials say this every time there's a public discussion that could limit their authority. US officials also provide misleading or directly false assertions about the value of these programs, as they did just recently with the Zazi case, which court documents clearly show was not unveiled by PRISM. Journalists should ask a specific question: since these programs began operation shortly after September 11th, how many terrorist attacks were prevented SOLELY by information derived from this suspicionless surveillance that could not be gained via any other source? Then ask how many individual communications were ingested to acheive that, and ask yourself if it was worth it. Bathtub falls and police officers kill more Americans than terrorism, yet we've been asked to sacrifice our most sacred rights for fear of falling victim to it. Further, it's important to bear in mind I'm being called a traitor by men like former Vice President Dick Cheney. This is a man who gave us the warrantless wiretapping scheme as a kind of atrocity warm-up on the way to deceitfully engineering a conflict that has killed over 4,400 and maimed nearly 32,000 Americans, as well as leaving over 100,000 Iraqis dead. Being called a traitor by Dick Cheney is the highest honor you can give an American, and the more panicked talk we hear from people like him, Feinstein, and King, the better off we all are. If they had taught a class on how to be the kind of citizen Dick Cheney worries about, I would have finished high school.
  • Is encrypting my email any good at defeating the NSA survelielance? Id my data protected by standard encryption? Answer: Encryption works. Properly implemented strong crypto systems are one of the few things that you can rely on. Unfortunately, endpoint security is so terrifically weak that NSA can frequently find ways around it. 
  • Binney, Drake, Kiriakou, and Manning are all examples of how overly-harsh responses to public-interest whistle-blowing only escalate the scale, scope, and skill involved in future disclosures. Citizens with a conscience are not going to ignore wrong-doing simply because they'll be destroyed for it: the conscience forbids it. Instead, these draconian responses simply build better whistleblowers. If the Obama administration responds with an even harsher hand against me, they can be assured that they'll soon find themselves facing an equally harsh public response. This disclosure provides Obama an opportunity to appeal for a return to sanity, constitutional policy, and the rule of law rather than men. He still has plenty of time to go down in history as the President who looked into the abyss and stepped back, rather than leaping forward into it. I would advise he personally call for a special committee to review these interception programs, repudiate the dangerous "State Secrets" privilege, and, upon preparing to leave office, begin a tradition for all Presidents forthwith to demonstrate their respect for the law by appointing a special investigator to review the policies of their years in office for any wrongdoing. There can be no faith in government if our highest offices are excused from scrutiny - they should be setting the example of transparency. 
  • What would you say to others who are in a position to leak classified information that could improve public understanding of the intelligence apparatus of the USA and its effect on civil liberties?
  • This country is worth dying for.
  • My question: given the enormity of what you are facing now in terms of repercussions, can you describe the exact moment when you knew you absolutely were going to do this, no matter the fallout, and what it now feels like to be living in a post-revelation world? Or was it a series of moments that culminated in action? I think it might help other people contemplating becoming whistleblowers if they knew what the ah-ha moment was like. Again, thanks for your courage and heroism. Answer: I imagine everyone's experience is different, but for me, there was no single moment. It was seeing a continuing litany of lies from senior officials to Congress - and therefore the American people - and the realization that that Congress, specifically the Gang of Eight, wholly supported the lies that compelled me to act. Seeing someone in the position of James Clapper - the Director of National Intelligence - baldly lying to the public without repercussion is the evidence of a subverted democracy. The consent of the governed is not consent if it is not informed.
  • Regarding whether you have secretly given classified information to the Chinese government, some are saying you didn't answer clearly - can you give a flat no? Answer: No. I have had no contact with the Chinese government. Just like with the Guardian and the Washington Post, I only work with journalists.
  • So far are things going the way you thought they would regarding a public debate? – tikkamasala Answer: Initially I was very encouraged. Unfortunately, the mainstream media now seems far more interested in what I said when I was 17 or what my girlfriend looks like rather than, say, the largest program of suspicionless surveillance in human history.
  • Thanks to everyone for their support, and remember that just because you are not the target of a surveillance program does not make it okay. The US Person / foreigner distinction is not a reasonable substitute for individualized suspicion, and is only applied to improve support for the program. This is the precise reason that NSA provides Congress with a special immunity to its surveillance.
  •  
    I particularly liked this Snowden observation as an idea for a constitutional amendment: "This disclosure provides Obama an opportunity to appeal for a return to sanity, constitutional policy, and the rule of law rather than men. He still has plenty of time to go down in history as the President who looked into the abyss and stepped back, rather than leaping forward into it. I would advise he personally call for a special committee to review these interception programs, repudiate the dangerous "State Secrets" privilege, and, upon preparing to leave office, begin a tradition for all Presidents forthwith to demonstrate their respect for the law by appointing a special investigator to review the policies of their years in office for any wrongdoing. There can be no faith in government if our highest offices are excused from scrutiny - they should be setting the example of transparency. " Repeal of the State Secrets privilege would require a constitutional amendment because the Supreme Court decided back when that it is inherent in the President's power as commander in chief of the military forces. In other words, neither Congress nor the courts can second-guess such claims, a huge contributing factor in the over-classification of government records when the real reason is to protect bureaucrats from embarrassment, civil rights suits, and criminal prosecution. It is no accident that we have an Executive Branch that is out-of-control, waging dictatorial powers under the protection of the State Secrets privilege. 
Paul Merrell

It Can Happen Here: The Confiscation Scheme Planned for US and UK Depositors | WEB OF DEBT BLOG - 0 views

  • Confiscating the customer deposits in Cyprus banks, it seems, was not a one-off, desperate idea of a few Eurozone “troika” officials scrambling to salvage their balance sheets. A joint paper by the US Federal Deposit Insurance Corporation and the Bank of England dated December 10, 2012, shows that these plans have been long in the making; that they originated with the G20 Financial Stability Board in Basel, Switzerland (discussed earlier here); and that the result will be to deliver clear title to the banks of depositor funds.  
  • Although few depositors realize it, legally the bank owns the depositor’s funds as soon as they are put in the bank. Our money becomes the bank’s, and we become unsecured creditors holding IOUs or promises to pay. (See here and here.) But until now the bank has been obligated to pay the money back on demand in the form of cash. Under the FDIC-BOE plan, our IOUs will be converted into “bank equity.”  The bank will get the money and we will get stock in the bank. With any luck we may be able to sell the stock to someone else, but when and at what price? Most people keep a deposit account so they can have ready cash to pay the bills.
  • No exception is indicated for “insured deposits” in the U.S., meaning those under $250,000, the deposits we thought were protected by FDIC insurance. This can hardly be an oversight, since it is the FDIC that is issuing the directive. The FDIC is an insurance company funded by premiums paid by private banks.  The directive is called a “resolution process,” defined elsewhere as a plan that “would be triggered in the event of the failure of an insurer . . . .”
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  • The 15-page FDIC-BOE document is called “Resolving Globally Active, Systemically Important, Financial Institutions.”  It begins by explaining that the 2008 banking crisis has made it clear that some other way besides taxpayer bailouts is needed to maintain “financial stability.” Evidently anticipating that the next financial collapse will be on a grander scale than either the taxpayers or Congress is willing to underwrite, the authors state: An efficient path for returning the sound operations of the G-SIFI to the private sector would be provided by exchanging or converting a sufficient amount of the unsecured debt from the original creditors of the failed company [meaning the depositors] into equity [or stock]. In the U.S., the new equity would become capital in one or more newly formed operating entities. In the U.K., the same approach could be used, or the equity could be used to recapitalize the failing financial company itself—thus, the highest layer of surviving bailed-in creditors would become the owners of the resolved firm. In either country, the new equity holders would take on the corresponding risk of being shareholders in a financial institution.
  • If our IOUs are converted to bank stock, they will no longer be subject to insurance protection but will be “at risk” and vulnerable to being wiped out, just as the Lehman Brothers shareholders were in 2008.  That this dire scenario could actually materialize was underscored by Yves Smith in a March 19th post titled When You Weren’t Looking, Democrat Bank Stooges Launch Bills to Permit Bailouts, Deregulate Derivatives.  She writes: In the US, depositors have actually been put in a worse position than Cyprus deposit-holders, at least if they are at the big banks that play in the derivatives casino. The regulators have turned a blind eye as banks use their depositaries to fund derivatives exposures. And as bad as that is, the depositors, unlike their Cypriot confreres, aren’t even senior creditors. Remember Lehman? When the investment bank failed, unsecured creditors (and remember, depositors are unsecured creditors) got eight cents on the dollar. One big reason was that derivatives counterparties require collateral for any exposures, meaning they are secured creditors. The 2005 bankruptcy reforms made derivatives counterparties senior to unsecured lenders.
  • Smith writes: Lehman had only two itty bitty banking subsidiaries, and to my knowledge, was not gathering retail deposits. But as readers may recall, Bank of America moved most of its derivatives from its Merrill Lynch operation [to] its depositary in late 2011. Its “depositary” is the arm of the bank that takes deposits; and at B of A, that means lots and lots of deposits. The deposits are now subject to being wiped out by a major derivatives loss. How bad could that be? Smith quotes Bloomberg: . . . Bank of America’s holding company . . . held almost $75 trillion of derivatives at the end of June . . . . That compares with JPMorgan’s deposit-taking entity, JPMorgan Chase Bank NA, which contained 99 percent of the New York-based firm’s $79 trillion of notional derivatives, the OCC data show.
  • $75 trillion and $79 trillion in derivatives! These two mega-banks alone hold more in notional derivatives each than the entire global GDP (at $70 trillion).
  • Smith goes on: . . . Remember the effect of the 2005 bankruptcy law revisions: derivatives counterparties are first in line, they get to grab assets first and leave everyone else to scramble for crumbs. . . . Lehman failed over a weekend after JP Morgan grabbed collateral. But it’s even worse than that. During the savings & loan crisis, the FDIC did not have enough in deposit insurance receipts to pay for the Resolution Trust Corporation wind-down vehicle. It had to get more funding from Congress. This move paves the way for another TARP-style shakedown of taxpayers, this time to save depositors. Perhaps, but Congress has already been burned and is liable to balk a second time. Section 716 of the Dodd-Frank Act specifically prohibits public support for speculative derivatives activities.
  • An FDIC confiscation of deposits to recapitalize the banks is far different from a simple tax on taxpayers to pay government expenses. The government’s debt is at least arguably the people’s debt, since the government is there to provide services for the people. But when the banks get into trouble with their derivative schemes, they are not serving depositors, who are not getting a cut of the profits. Taking depositor funds is simply theft. What should be done is to raise FDIC insurance premiums and make the banks pay to keep their depositors whole, but premiums are already high; and the FDIC, like other government regulatory agencies, is subject to regulatory capture.  Deposit insurance has failed, and so has the private banking system that has depended on it for the trust that makes banking work.
  • The Cyprus haircut on depositors was called a “wealth tax” and was written off by commentators as “deserved,” because much of the money in Cypriot accounts belongs to foreign oligarchs, tax dodgers and money launderers. But if that template is applied in the US, it will be a tax on the poor and middle class. Wealthy Americans don’t keep most of their money in bank accounts.  They keep it in the stock market, in real estate, in over-the-counter derivatives, in gold and silver, and so forth. Are you safe, then, if your money is in gold and silver? Apparently not – if it’s stored in a safety deposit box in the bank.  Homeland Security has reportedly told banks that it has authority to seize the contents of safety deposit boxes without a warrant when it’s a matter of “national security,” which a major bank crisis no doubt will be.
  •  
    Time to get your money out of the bank and into gold or silver, kept somewhere other than in a bank safety deposit box. 
Gary Edwards

Why the Ruling Class is So Upset About Edward Snowden » CounterPunch: Tells the Facts, Names the Names - 0 views

  • the networks now compete with one another to generate outrage—not at the spying, mind you, but at Snowden for violating the law.
  • O’Reilly’s current position is that while a hero, Snowden should be placed on trial and judged by a jury. Which is to say, he should be apprehended abroad, brought back in handcuffs and treated to the same benefits of the U.S. judicial system enjoyed by a Bradley Manning or a Guantanamo detainee.
  • He broke the law! He told us: “Any analyst at any time can target anyone.”
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  • “He took an oath,” thunders Dianne Feinstein
  • chair of the Senate Intelligence Committee (and thus someone complicit in the spying programs).
  • What she means by this is that he broke his pledge, made when he became an employee of the CIA contractor Booz Allen Hamilton—which helps handle the massive effort to monitor all of us daily—to conceal any secrets he obtained as an employee.
  • She is of course not referring to the oath he made at the same time, to uphold the Constitution of the United States, which says very clearly that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…”
  • Snowden has not merely revealed that the U.S. government has forced service providers Microsoft, Yahoo, Google, Facebook, PalTalk, AOL, Skype, YouTube and Apple to share all their records with itself, in the form of mega-data that can only be accessed for content following the issuance of warrants from (secret) courts, in order to thwart real or imagined terrorist plots. He hasn’t merely shown that the NSA intercepts 1.7 billion electronic records every day (in order, of course, to thwart the terrorists). He has charged the following:
  • The FBI’s “Counterintelligence Program” (COINTELPRO), active from 1956 to 1971, collected information through wiretaps and other means with the specific objective of destroying civil rights and left-wing organizations.
  • Snowden indicates that those with that power can indeed gain access to what Bill Clinton recently called the “meat” of your communications.
  • That is, every word you’ve spoken on the phone recently, or maybe for several years; or test-messaged or instant-messaged online; can be accessed by government “analysts” at their whim.
  • in 2008, ABC News revealed that National Security Agency staffers enjoyed monitoring satellite phone sex involving U.S. officers in Iraq. It’s worth quoting at length.
  • “‘These were just really everyday, average, ordinary Americans who happened to be in the Middle East, in our area of intercept and happened to be making these phone calls on satellite phones,’ said Adrienne Kinne, a 31-year old US Army Reserves Arab linguist assigned to a special military program at the NSA’s Back Hall at Fort Gordon from November 2001 to 2003. Kinne described the contents of the calls as ‘personal, private things with Americans who are not in any way, shape or form associated with anything to do with terrorism.’ [...] Another intercept operator, former Navy Arab linguist, David Murfee Faulk, 39, said he and his fellow intercept operators listened into hundreds of Americans picked up using phones in Baghdad’s Green Zone from late 2003 to November 2007. ‘Calling home to the United States, talking to their spouses, sometimes their girlfriends, sometimes one phone call following another,’ said Faulk. [...] ‘Hey, check this out,’ Faulk says he would be told, ‘there’s good phone sex or there’s some pillow talk, pull up this call, it’s really funny, go check it out. It would be some colonel making pillow talk and we would say, ‘Wow, this was crazy,’ Faulk told ABC News.”
  • “Any analyst at any time can target anyone. Any selector, anywhere… I, sitting at my desk, certainly had the authorities to wiretap anyone, from you or your accountant, to a federal judge, to even the President…”
  • But the main issue is not your protection from phone-sex interlopers, but protection from those who want to do you harm.
  • If that’s the way NSA analysts could deal with U.S. military officers in Iraq—fellow cogs in the system, fighting on behalf of U.S. imperialism—how much respect do you suppose they have for you and your privacy? For your security from their searches, their violations?
  • One of its stated missions was to use surveillance on activists to release negative personal information to the public to discredit them. In many instances the agents succeeded, and they ruined lives. And their abilities to do so pale in comparison with the abilities of Obama’s NSA.
  • the Bush administration would be willing to learn a thing or two about domestic spying from the experts of the former Stasi. What ruling elite has ever gained more total information awareness about its citizens than the old German Democratic Republic?  And done it with such elegant legal scaffolding?
  • As historians such as Katherine Pence and Paul Betts have shown, the GDR authorities operated within scrupulously observed legal constraints. One sees this in the film Das Leben der Anderen (The Lives of Others) produced in the reunited Germany in 2006. It depicts the surveillance culture of the former East Germany, leaving the viewer nauseated.
  • Everything according to law.
  • I thought of that film while reading the lead Boston Globe editorial on June 13. It concludes that the “policies that [Snowden revealed], however objectionable, are properly authorized” while Snowden himself “broke the law.”
  • Thus, you see, he’s not a whistle-blower but a criminal.
  • U.S. to World: “You Must View Snowden as a Criminal, and Give Him Back”
  • Suddenly, the Cold War has reappeared. Snowden is charged with espionage, some of his critics alleging that he’s in the service of the PRC and/or Russia or other “enemies.” It in fact appears that Beijing and Moscow both were taken by surprise by this episode, and that both have attempted to handle Snowden’s unexpected presence carefully to avoid annoying the U.S.
  • The entirety of the ruling elite and the journalistic establishment are keen on defending the programs Snowden has exposed; keen on punishing him for his whistle-blowing; determined to vilify him as a punk, narcissist, egoist, attention-hungry ne’er-do-well (anything but a thoughtful man who made a moral choice that has enlightened people about the character of the U.S. government); feverishly working on damage control while anticipating more damning revelations; and determined to get those four laptops with their incriminating content back into the bosom of the national security state.
  • It all, in my humble opinion, boils down to thi
  • No, there are us, and there are them. The tiny power elite that controls the mainstream press and cable channels, the corporations that dutifully hand over mega-data to the state (and then deny doing so to allay consumer outrage), the twin political parties, are sick to their stomachs that they’ve been so exposed. We in our turn should feel, if not terrorized, nauseated.
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    This is a fun and enlightening read.  Extremely well written!  Maybe the most complete statement of both the facts of the Snowden - NSA disclosure event, and the mix of heartache and anger I feel about it.  Gut wrenching, nauseating and sick to my soul over what these clowns are doing to this great Republic, the Constitution, and the brief history of individual liberty this country represents.  Nicely written summary.
Gary Edwards

Liberal Activists Worked With AGs to Target Conservatives - 0 views

  • violate “constitutionally protected rights of freedom of speech, freedom from unreasonable searches and seizures, and due process of law and constitute the common law tort of abuse of process.”
  • ExxonMobil also alleges that Walker’s delegation of his prosecutorial power to a private law firm “likely on a contingency-fee basis” violates basic “due process of law and fundamental fairness,” particularly because that same law firm has “pursued a bitterly contested and contentious litigation in an unrelated lawsuit against ExxonMobil … which could result in a substantial fee award if Cohen Milstein’s client were to prevail.”
  • That raises “substantial doubts about whether that firm should be permitted to serve as the ‘disinterested prosecutor’ whose impartiality is demanded by law and expected by the public.”
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  • ExxonMobil asks the Texas court to declare that the “issuance and mailing of the subpoena” violates various provisions of the U.S. Constitution, federal law, and the Texas Constitution.
  • . According to The Washington Free Beacon, “a small coalition of prominent climate change activists and political operatives” met on Jan. 8 in a closed door meeting at the Rockefeller Family Fund in Manhattan. Their agenda: taking down oil giant ExxonMobil through a coordinated campaign of legal action, divestment efforts, and political pressure.”
  • A copy of the agenda from that meeting states that two of the common goals of these activists are to “establish in public’s mind [sic.] that Exxon is a corrupt institution that has pushed humanity (and all creation) toward climate chaos and grave harm” and to “delegitimize them as a political actor.” Part of the discussion of their grand strategy was how to include “industry associations, scientists and front groups” in their targeting. And at the top of their list for “legal actions & related campaigns” was state “AGs.”
  • That last goal was apparently put into action. According to Fox News, a series of emails obtained by the Energy & Environmental Legal Institute showed communications between some of these same anti-fossil fuel activists and the attorneys general that are part of this “Green” coalition against climate change dissenters.
  • Some of them secretly briefed state attorneys general before their March press conference on arguments they could present to justify “climate change litigation” and the “imperative of taking action now.” The attorneys general and their staff tried to hide this discussion and coordination with the activists by “using a ‘Common Interest Agreement’… [that] sought to protect as privileged the discussions about defending President Obama’s controversial global warming rules, and going after political opponents using the Racketeer Influenced and Corrupt Organizations Act.”
  • Some state attorneys general have criticized the dangerous and misguided efforts of their inquisitorial peers. As Louisiana Attorney General Jeff Landry correctly states, they are using “prosecutorial weapons to intimidate critics, silence free speech, or chill the robust exchange of ideas” about a public policy issue. And it is just as malevolent as the burning of books in the society depicted by Bradbury in “Fahrenheit 451.”
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    "In Ray Bradbury's classic dystopian novel, "Fahrenheit 451," a future society criminalizes the possession of books and burns them in order to suppress any dissenting ideas, opinions, and views. Today, we have state attorneys general trying to implement their own version of "Fahrenheit 451" to criminalize dissent over a disputed, unproven scientific theory: man-induced climate change. Recently, the attorney general of the Virgin Islands, Claude Walker, unleashed a subpoena on the Competitive Enterprise Institute seeking 10 years' worth of research and communications about climate change. It turns out that same Grand Inquisitor, Claude Walker, has hit ExxonMobil with a similar subpoena that seeks all of that company's communications, conversations, and correspondence with 88 conservative and libertarian think tanks, foundations, and universities, and 54 individual researchers, scientists, and writers."
Paul Merrell

European Parliament Calls for Investigation of Secret CIA Torture Sites - 0 views

  • The European Parliament on Wednesday condemned the “apathy shown by member states and EU institutions” over torture in secret CIA prisons in Europe. A non-binding resolution, which passed 329-299, urged member states to “investigate, insuring full transparency, the allegations that there were secret prisons on their territory in which people were held under the CIA programme.” It also called on the European Union to undertake fact-finding missions into countries that were known to house American black sites. The resolution named Lithuania, Poland, Italy, and the United Kingdom as countries complicit in CIA operations. The Parliament also expressed “regret” that none of the architects of the U.S. torture program faced criminal charges, and that the U.S. has failed to cooperate with European criminal probes.
  • Despite banning torture when he came into office, President Obama has fought all attempts to hold Bush administration officials accountable, including by invoking the state secrets privilege to block lawsuits and delaying the release of the Senate Torture Report. When it was made public in 2014, the executive summary of the 6,000-page report confirmed that Poland’s former president, Aleksander Kwasniewski, signed off on the use of a CIA black site in the country, though he denied knowledge of torture. The European Court of Human Rights later issued an unprecedented ruling requiring Poland to pay $262,000 in reparations to two Guantánamo inmates who were tortured in Poland. While Obama continues to “look forward, not back,” victims of U.S. torture are increasingly looking to international courts for justice.
  • The European Parliament’s resolution requested that the European Commission and European Council produce a report on member states’ investigations and prosecutions by the end of June. In April, a federal judge ruled that survivors of CIA torture could sue the two psychologists who designed the CIA’s torture techniques. The case marks the first time a torture-related lawsuit against CIA employees will go to trial.
Gary Edwards

CHART OF THE DAY: This Is Why They Call It TAXMAGEDDON - 0 views

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    Stunning chart tracking from 1969 to 2013 the percentage of GDP the government seizes. The tax hikes coming in 2013 will seize over 3.5% of GDP. Previous high was in 1969, where the tax man seized 1.7%. Interesting look at the inverse relationship Government seizure of assets and productivity has with the nations economic growth and prosperity. The more the government takes, the less there is for the nation's citizens. Is that a radical economic insight? For the socialist, it's a connection they really don't want the people to make.
Paul Merrell

Eric Cantor's Opponent Beat Him By Calling Out GOP Corruption | - 0 views

  • “All of the investment banks, up in New York and D.C., they should have gone to jail.” That isn’t a quote from an Occupy Wall Street protester or Senator Elizabeth Warren. That’s a common campaign slogan repeated by Dave Brat, the Virginia college professor who scored one of the biggest political upsets in over a century by defeating Majority Leader Eric Cantor in the Republican primary last night. The national media is buzzing about Brat’s victory, but for all of the wrong reasons.
  • Did the Tea Party swoop in and help Brat, as many in the Democratic Party are suggesting? Actually, the Wall Street Journal reports no major Tea Party or anti-establishment GOP group spent funds to defeat Cantor. Did Cantor, the only Jewish Republican in Congress, lose because of his religion, as some have suggested? There’s no evidence so far of anti-Semitism during the campaign. Was Cantor caught flatfooted? Nope; Cantor’s campaign spent close to $1 million on the race and several outside advocacy groups, including the National Rifle Association, the National Realtors Association and the American Chemistry Council (a chemical industry lobbying association) came in and poured money into the district to defeat Brat. The New York Times claims that Brat focused his campaign primarily on immigration reform. Brat certainly made immigration a visible topic in his race, but Republic Report listened to several hours of Brat stump speeches and radio appearances, and that issue came up far less than what Brat called the main problem in government: corruption and cronyism. Brat told Internet radio host Flint Engelman that the “number one plank” in his campaign is “free markets.” Brat went on to explain, “Eric Cantor and the Republican leadership do not know what a free market is at all, and the clearest evidence of that is the financial crisis … When I say free markets, I mean no favoritism to K Street lobbyists.” Banks like Goldman Sachs were not fined for their role in the financial crisis — rather, they were rewarded with bailouts, Brat has said.
  • rat, who has identified with maverick GOP lawmakers like Representative Justin Amash of Michigan, spent much of the campaign slamming both parties for being in the pocket of “Wall Street crooks” and D.C. insiders. The folks who caused the financial crisis, Brat says, “went onto Obama’s rolodex, the Republican leadership, Eric’s rolodex.” During several campaign appearances, Brat says what upset him the most about Cantor was his role in gutting the last attempt at congressional ethics reform. “If you want to find out the smoking gun in this campaign,” Brat told Engelman, “just go Google and type the STOCK Act and CNN and Eric Cantor.” (On Twitter, Brat has praised the conservative author Peter Schweizer, whose work on congressional corruption forced lawmakers into action on the STOCK Act.) The STOCK Act, a bill to crack down on insider trading, was significantly watered down by Cantor in early 2012. The lawmaker took out provisions that would have forced Wall Street “political intelligence” firms to register as traditional lobbyists would, and removed a section of the bill to empower prosecutors to go after public officials who illegally trade on insider knowledge. And Brat may be right to charge that Cantor’s moves on the STOCK Act were motivated by self interest. Cantor played a leading role in blocking legislation to fix the foreclosure crisis while his wife and his stock portfolio were deeply invested in mortgage banks.
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  • Most self-described Tea Party Republicans, including Rand Paul and Ted Cruz, have railed against Washington in a general sense without calling out the powerful – often Republican-leaning — groups that wield the most power. Not Brat. “Eric is running on Chamber of Commerce and Business Roundtable principles,” Brat told a town hall audience, later clarifying that he meant the U.S. Chamber of Commerce, the largest lobbying trade group in the country. He also called out the American Chemistry Council for funding ads in his race with Cantor, telling a radio host that his opponent had asked his “crony capitalist friends to run more ads.” Brat repeats his mantra: “I’m not against business. I’m against big business in bed with big government.” Indeed, Cantor has been a close ally to top lobbyists and the financial industry. “Many lobbyists on K Street whose clients include major financial institutions consider Cantor a go to member in leadership on policy debates, including overhauling the mortgage finance market, extending the government backstop for terrorism insurance, how Wall Street should be taxed and flood insurance,” noted Politico following Cantor’s loss last night. In 2011, Cantor was caught on video promising a group of commodity speculators that he would roll back regulations on their industry. 
  • There are many lessons to be learned from the Cantor-Brat race. For one, it’s worth reflecting on the fact that not only did Cantor easily out raise and outspend Brat by over $5 million to around $200,000 in campaign funds, but burned through a significant amount on lavish travel and entertainment instead of election advocacy. Federal Election Commission records show Cantor’s PAC spent at least $168,637 on steakhouses, $116,668 on luxury hotels (including a $17,903 charge to the Beverly Hills Hotel & Bungalows) and nearly a quarter million on airfare (with about $140,000 in chartered flights) — just in the last year and a half! But on the policy issues and political ramifications of this race, it’s not easy to box Brat into a neat caricature of an anti-immigration zealot or Tea Party demagogue, or, in TIME’s hasty reporting, a “shopworn conservative boilerplate.” If Brat ascends to Congress, which is quite likely given the Republican-leaning district that he’ll run in as the GOP nominee, he may actually continue taking on powerful elites in Washington.  
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    The Cantor defeat was not a Tea Party upset victory as claimed by MSM, according to this article. Instead, Brat's stump speeches were about crony capitalism, bankster corruption of Congress, and libertarian principles. So if this article is correct, then MSM would rather claim that Cantor was a victim of the Tea Party than acknowledge the issues that Brat actually raised, Congressional corruption and big government/big corporation cronyism.  Very interesting food for thought.
Paul Merrell

Pelosi says Iran deal has the votes, and Podhoretz urges Israel to attack Iran - Mondoweiss - 0 views

  •      House Minority Leader Nancy Pelosi is “confident” that the House would be able to uphold the president’s veto of a potential Republican-backed bill to kill the deal. “More and more of them have confirmed to me that they will be there to sustain the veto,” Pelosi said at her weekly press conference, referring to members of the Democratic caucus. “They’ve done this not blindly but thoroughly,” as they examined the agreement over recent weeks.
  • House Minority Leader Nancy Pelosi is “confident” that the House would be able to uphold the president’s veto of a potential Republican-backed bill to kill the deal. “More and more of them have confirmed to me that they will be there to sustain the veto,” Pelosi said at her weekly press conference, referring to members of the Democratic caucus. “They’ve done this not blindly but thoroughly,” as they examined the agreement over recent weeks.
  • The fear among major Jewish organizations that they will be drawn into the domestic U.S. political fray over the nuclear deal is prominent in statements released by both the Anti-Defamation League (ADL) and the American Jewish Committee (AJC). Both organizations have refrained from strongly attacking the nuclear agreement and defining it as a disaster, instead leading the public to believe that they instead have misgivings over large parts of the agreement, and that they hope that Congress will review it in depth. The U.S. Reform movement, too, issued a convoluted statement that fell short of taking a decisive stance on the agreement. Norman Podhoretz has never had this problem. He became a neoconservative because he wanted a big U.S. military budget to support Israel. Now he sees the writing on the wall and calls for an Israeli attack on Iran, in Wall Street Journal: I remain convinced that containment is impossible, from which it follows that the two choices before us are not war vs. containment but a conventional war now or a nuclear war later.
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  • Israelis are waking up to their abandonment by the majority of US Jewry. Sort of the anti-67 War. Haaretz says the lobby is in crisis. Boldface mine: Israel’s consul general in Philadelphia, Yaron Sideman, warned Jerusalem this week that the American Jewish community is divided over the nuclear agreement with Iran, and does not stand united behind Israel in the controversy. The problem is that Israel has burned up its influence over the White House, and US Jews don’t want to be exposed as Israel supporters: a CEO of one of the Jewish federations in the Philadelphia region told [Sideman] that in his view, Israel’s status vis-à-vis the Obama administration is at a low point, which could adversely affect the Jewish community. He cited the Jewish leader telling him, “In the next year and a half (until the end of President Barack Obama’s term) Israel’s and the Jewish communities’ maneuvering space regarding advancing Israel’s interests is extremely limited to non existent.” Even those who oppose the deal are reluctant to come forward because they will be seen to be advancing Israel’s interest over the U.S. interest. Nice play, Netanyahu.
  • Given how very unlikely it is that President Obama, despite his all-options-on-the-table protestations to the contrary, would ever take military action, the only hope rests with Israel. If, then, Israel fails to strike now, Iran will get the bomb. And when it does, the Israelis will be forced to decide whether to wait for a nuclear attack and then to retaliate out of the rubble, or to pre-empt with a nuclear strike of their own. But the Iranians will be faced with the same dilemma. Under these unprecedentedly hair-trigger circumstances, it will take no time before one of them tries to beat the other to the punch. And so my counsel to proponents of the new consensus is to consider the unspeakable horrors that would then be visited not just on Israel and Iran but on the entire region and beyond. The destruction would be far worse than any imaginable consequences of an Israeli conventional strike today when there is still a chance to put at least a temporary halt, and conceivably even a permanent one, to the relentless Iranian quest for the bomb
  • Oh and here is the ultimate chutzpah, right up there with killing your parents and asking for a light sentence because you’re an orphan. In a call to Israel supporters, Bret Stephens says that lawmakers should kill the Iran deal because if they support it, it will haunt them the same way voting for the Iraq war has haunted them. Stephens pushed that disastrous war. Oh and Stephens threatens their financial contributions, too. Glenn Greenwald has the clip:
Paul Merrell

Security Experts Oppose Government Access to Encrypted Communication - The New York Times - 0 views

  • An elite group of security technologists has concluded that the American and British governments cannot demand special access to encrypted communications without putting the world’s most confidential data and critical infrastructure in danger.A new paper from the group, made up of 14 of the world’s pre-eminent cryptographers and computer scientists, is a formidable salvo in a skirmish between intelligence and law enforcement leaders, and technologists and privacy advocates. After Edward J. Snowden’s revelations — with security breaches and awareness of nation-state surveillance at a record high and data moving online at breakneck speeds — encryption has emerged as a major issue in the debate over privacy rights.
  • That has put Silicon Valley at the center of a tug of war. Technology companies including Apple, Microsoft and Google have been moving to encrypt more of their corporate and customer data after learning that the National Security Agency and its counterparts were siphoning off digital communications and hacking into corporate data centers.
  • Yet law enforcement and intelligence agency leaders argue that such efforts thwart their ability to monitor kidnappers, terrorists and other adversaries. In Britain, Prime Minister David Cameron threatened to ban encrypted messages altogether. In the United States, Michael S. Rogers, the director of the N.S.A., proposed that technology companies be required to create a digital key to unlock encrypted data, but to divide the key into pieces and secure it so that no one person or government agency could use it alone.The encryption debate has left both sides bitterly divided and in fighting mode. The group of cryptographers deliberately issued its report a day before James B. Comey Jr., the director of the Federal Bureau of Investigation, and Sally Quillian Yates, the deputy attorney general at the Justice Department, are scheduled to testify before the Senate Judiciary Committee on the concerns that they and other government agencies have that encryption technologies will prevent them from effectively doing their jobs.
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  • The new paper is the first in-depth technical analysis of government proposals by leading cryptographers and security thinkers, including Whitfield Diffie, a pioneer of public key cryptography, and Ronald L. Rivest, the “R” in the widely used RSA public cryptography algorithm. In the report, the group said any effort to give the government “exceptional access” to encrypted communications was technically unfeasible and would leave confidential data and critical infrastructure like banks and the power grid at risk. Handing governments a key to encrypted communications would also require an extraordinary degree of trust. With government agency breaches now the norm — most recently at the United States Office of Personnel Management, the State Department and the White House — the security specialists said authorities could not be trusted to keep such keys safe from hackers and criminals. They added that if the United States and Britain mandated backdoor keys to communications, China and other governments in foreign markets would be spurred to do the same.
  • “Such access will open doors through which criminals and malicious nation-states can attack the very individuals law enforcement seeks to defend,” the report said. “The costs would be substantial, the damage to innovation severe and the consequences to economic growth hard to predict. The costs to the developed countries’ soft power and to our moral authority would also be considerable.”
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    Our system of government does not expect that every criminal will be apprehended and convicted. There are numerous values our society believes are more important. Some examples: [i] a presumption of innocence unless guilt is established beyond any reasonable doubt; [ii] the requirement that government officials convince a neutral magistrate that they have probable cause to believe that a search or seizure will produce evidence of a crime; [iii] many communications cannot be compelled to be disclosed and used in evidence, such as attorney-client communications, spousal communications, and priest-penitent communications; and [iv] etc. Moral of my story: the government needs a much stronger reason to justify interception of communications than saying, "some crooks will escape prosecution if we can't do that." We have a right to whisper to each other, concealing our communicatons from all others. Why does the right to whisper privately disappear if our whisperings are done electronically? The Supreme Court took its first step on a very slippery slope when it permitted wiretapping in Olmstead v. United States, 277 U.S. 438, 48 S. Ct. 564, 72 L. Ed. 944 (1928). https://goo.gl/LaZGHt It's been a long slide ever since. It's past time to revisit Olmstead and recognize that American citizens have the absolute right to communicate privately. "The President … recognizes that U.S. citizens and institutions should have a reasonable expectation of privacy from foreign or domestic intercept when using the public telephone system." - Brent Scowcroft, U.S. National Security Advisor, National Security Decision Memorandum 338 (1 September 1976) (Nixon administration), http://www.fas.org/irp/offdocs/nsdm-ford/nsdm-338.pdf   
Paul Merrell

Transatlantic Trade and Investment Partnership (TTIP) Negotiations Fall Apart Following Mass Protest in the EU | Global Research - Centre for Research on Globalization - 0 views

  • Back in January the EU Commission published their response to the consultation on TTIP and it was found that 97% of the 150,000 responses opposed the trade deal. These respondents represented the general public. The biggest petition in the EU’s history was then presented that contained the signatures of 2 million citizens (now nearly 3 million) opposed to TTIP. Both were rejected as were proposals even for a simple hearing of the European Citizens Initiative. Then in April this year, thousands of protestors took to the streets of cities all over Europe as unelected officials of the EU Commission continue to ignore the concerns of its citizens. In June, fellow MEPs from many political parties who are also opposed to TTIP joined Ukip in standing, shouting, booing and clapping to show their dissatisfaction with proceedings. MEPs were due to set out their first formal position on TTIP since negotiations started two years ago and the meeting descended into chaos (video). The meeting was then stopped by the commissioners. Meanwhile David Cameron has persistently attempted to call out those working to derail the deal. Cameron has accused critics of inventing false scare stories whilst urging business chiefs to help make the case to overcome sustained attacks from left-wing opponents and warned Britain would “rue the day if we miss this opportunity” to open up transatlantic markets.
  • Cameron, who (increasingly) seldom listens to the general public or elected members of parliament representing the electorate will no doubt use all his powers to get this deal though to redeem himself after being called incompetent by his own military generals and by the Obama administration over Syria. In sharp comparison, both Paris and Berlin want the Investor State Dispute Settlement mechanism (ISDS) of TTIP removed from the transatlantic trade treaty currently being negotiated with Washington. This is a game changer. Matthias Fekl, the French Secretary of State for Foreign Trade, told EurActiv France that he would “never allow private tribunals in the pay of multinational companies to dictate the policies of sovereign states, particularly in certain domains like health and the environment”. That was back in January. Nine months later and France has now reinforced that message and gone one big step forward. In an interview with Sud-Ouest, Matthias Fekl threatened to “call a complete halt” to the TTIP negotiations if things do not change. EurActiv France reports. America has shown no desire to change any of the major issues that have been challenged. Fekl told the French newspaper that he believes the “total lack of transparency” in the Transatlantic Trade and Investment Partnership (TTIP) negotiations poses a “democratic problem”.
  • Fekl, the Minister of State for Foreign Trade called on the United States to show “reciprocity” in the negotiations. “American members of parliament have access to a much higher number of documents than we do in Europe,” he said. The German people are now taking a stand and now it is being reported in the USA that sentiment is going against the deal – “It is entirely possible that the U.S. could seek to conclude the deal in the next few years only to find that European governments are unwilling to risk the ire of their voters”. Matthias Fekl, explained that, ever since the negotiations began in 2013, “These negotiations have been and are being conducted in a total lack of transparency,” and that France has, as of yet, received “no serious offer from the Americans.” The reasons for this stunning public rejection had probably already been accurately listed more than a year ago. Jean Arthuis, a member of the European Parliament, and formerly France’s Minister of Economy and Finance, headlined in Le Figaro, on 10 April 2014, “7 good reasons to oppose the transatlantic treaty”. There is no indication that the situation has changed since then, as regards the basic demands that President Obama is making. Arthuis said at that time, that he was opposed to;
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  • Private arbitration of disputes between States and businesses. Such a procedure is strictly contrary to the idea that I have of the      sovereignty of States. … Any questioning of the European system of appellations of origin. According to the US proposal, there would be a non-binding register, and only for wines and spirits. Such a reform would kill many European local products, whose value is based on their certified origin. Signing of an agreement with a power that legalizes widespread and systematic spying on my fellow European citizens and European businesses. As long as the agreement does not protect the personal data of European and US citizens, it cannot be signed. Allowing the United States proposal of a transatlantic common financial space, who adamantly refuse a common regulation of finance, and they refuse to abolish systematic discrimination by the US financial markets against European financial services. The questioning of European health protections. We do not want our animals treated with growth hormones nor products derived from GMOs, or chemical decontamination of meat, or of genetically modified seeds or non-therapeutic antibiotics in animal feed.
  • The signing of an agreement if it does not include the end of the US monetary dumping. Since the abolition of the gold convertibility of the dollar and the transition to the system of floating exchange rates, the dollar is both American national currency and the main unit for exchange reserves in the world. The Federal Reserve then continually practices monetary dumping, by influencing the amount of dollars available to facilitate exports from the United States. As things now stand, America’s monetary weapon has the same effect as customs duties against every other nation. [And he will not sign unless it’s removed.] Allow the emerging digital services in Europe to be swept up by US giants such as Google, Amazon or Netflix. They’re giant absolute masters in tax optimization, which make Europe a “digital colony.”
  • France is now considering “all options including an outright termination of negotiations” says France’s Trade Minister.
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