Skip to main content

Home/ Socialism and the End of the American Dream/ Group items matching "foreign-prosecution" in title, tags, annotations or url

Group items matching
in title, tags, annotations or url

Sort By: Relevance | Date Filter: All | Bookmarks | Topics Simple Middle
Paul Merrell

The NSA Is Building the Country's Biggest Spy Center (Watch What You Say) | Threat Level | Wired.com - 0 views

    • Paul Merrell
       
      There goes the neighborhood; the Feds are moving in. 
  • In the process—and for the first time since Watergate and the other scandals of the Nixon administration—the NSA has turned its surveillance apparatus on the US and its citizens. It has established listening posts throughout the nation to collect and sift through billions of email messages and phone calls, whether they originate within the country or overseas. It has created a supercomputer of almost unimaginable speed to look for patterns and unscramble codes. Finally, the agency has begun building a place to store all the trillions of words and thoughts and whispers captured in its electronic net. And, of course, it’s all being done in secret.
  • According to another top official also involved with the program, the NSA made an enormous breakthrough several years ago in its ability to cryptanalyze, or break, unfathomably complex encryption systems employed by not only governments around the world but also many average computer users in the US. The upshot, according to this official: “Everybody’s a target; everybody with communication is a target.
  • ...8 more annotations...
  • as a 2007 Department of Defense report puts it, the Pentagon is attempting to expand its worldwide communications network, known as the Global Information Grid, to handle yottabytes (1024 bytes) of data. (A yottabyte is a septillion bytes—so large that no one has yet coined a term for the next higher magnitude.) It needs that capacity because, according to a recent report by Cisco, global Internet traffic will quadruple from 2010 to 2015, reaching 966 exabytes per year. (A million exabytes equal a yottabyte.
  • The data stored in Bluffdale will naturally go far beyond the world’s billions of public web pages. The NSA is more interested in the so-called invisible web, also known as the deep web or deepnet—data beyond the reach of the public. This includes password-protected data, US and foreign government communications, and noncommercial file-sharing between trusted peers.
  • The broad outlines of the so-called warrantless-wiretapping program have long been exposed—how the NSA secretly and illegally bypassed the Foreign Intelligence Surveillance Court, which was supposed to oversee and authorize highly targeted domestic eavesdropping; how the program allowed wholesale monitoring of millions of American phone calls and email. In the wake of the program’s exposure, Congress passed the FISA Amendments Act of 2008, which largely made the practices legal. Telecoms that had agreed to participate in the illegal activity were granted immunity from prosecution and lawsuits. What wasn’t revealed until now, however, was the enormity of this ongoing domestic spying program. For the first time, a former NSA official has gone on the record to describe the program, codenamed Stellar Wind, in detail.
  • one of the deepest secrets of the Stellar Wind program—again, never confirmed until now—was that the NSA gained warrantless access to AT&T’s vast trove of domestic and international billing records, detailed information about who called whom in the US and around the world. As of 2007, AT&T had more than 2.8 trillion records housed in a database at its Florham Park, New Jersey, complex. Verizon was also part of the program
  • the NSA succeeded in building an even faster supercomputer. “They made a big breakthrough,” says another former senior intelligence official, who helped oversee the program. The NSA’s machine was likely similar to the unclassified Jaguar, but it was much faster out of the gate, modified specifically for cryptanalysis and targeted against one or more specific algorithms, like the AES.
  • The breakthrough was enormous, says the former official, and soon afterward the agency pulled the shade down tight on the project, even within the intelligence community and Congress. “Only the chairman and vice chairman and the two staff directors of each intelligence committee were told about it,” he says. The reason? “They were thinking that this computing breakthrough was going to give them the ability to crack current public encryption.”
  • But the real competition will take place in the classified realm. To secretly develop the new exaflop (or higher) machine by 2018, the NSA has proposed constructing two connecting buildings, totaling 260,000 square feet, near its current facility on the East Campus of Oak Ridge. Called the Multiprogram Computational Data Center,
  • n the meantime Cray is working on the next step for the NSA, funded in part by a $250 million contract with the Defense Advanced Research Projects Agency. It’s a massively parallel supercomputer called Cascade, a prototype of which is due at the end of 2012. Its development will run largely in parallel with the unclassified effort for the DOE and other partner agencies. That project, due in 2013, will upgrade the Jaguar XT5 into an XK6, codenamed Titan, upping its speed to 10 to 20 petaflops.
Paul Merrell

Germany Opens Criminal Investigation On Alleged NSA Merkel Phone Tap - 0 views

  • German prosecutors have opened an investigation into the alleged monitoring of Chancellor Angela Merkel’s cellphone by the U.S. National Security Agency, officials said Wednesday, in a move that could again complicate diplomatic relations between the two allies. It was not immediately clear what the new investigation might mean in terms of possible prosecutions of Americans. Documents provided by National Security Agency leaker Edward Snowden indicated in October that the U.S. was monitoring Merkel’s cellphone conversations, as well as those of 35 other foreign leaders. Merkel expressed outrage and accused Washington of a grave breach of trust. In the ensuing diplomatic fallout, President Barack Obama acknowledged Germany’s anger and promised that new guidelines would cut back on such monitoring, except in the case of a national security interest. “The leaders of our close friends and allies deserve to know that if I want to learn what they think about an issue, I will pick up the phone and call them rather than turning to surveillance,” Obama said at the time.
  • Following the news of the German probe, Obama’s deputy national security adviser, Ben Rhodes, said the U.S. believes direct dialogue between the two countries rather than an investigation is the best way to address Germany’s concerns. “We believe we have an open line and good communication” with Merkel and her team, Rhodes told reporters aboard Air Force One as Obama flew to Brussels for a meeting of the Group of Seven nations. After mulling for months whether to open a formal probe, Chief Federal Prosecutor Harald Range determined “that sufficient factual evidence exists that unknown members of U.S. intelligence services spied on the mobile phone of Chancellor Angela Merkel,” his office said. In a similarly thorny diplomatic case, Germany got as far as issuing warrants for 13 unidentified CIA agents suspected of kidnapping a German terrorism suspect and taking him to a detention center in Afghanistan. The case was shelved in 2007 after the U.S. Justice Department said extraditing the agents would harm “American national interests.”
  • In his Wednesday announcement, Range’s office said he was not opening a formal investigation of wider allegations of blanket surveillance of telecommunications data in Germany by U.S. and British intelligence, saying that there was not yet sufficient factual evidence of concrete crimes. His office said that will remain under consideration. Merkel’s spokesman, Steffen Seibert, declined to comment on Range’s decision or on whether the government fears it will weigh on relations with the U.S. The government didn’t exert any influence on the prosecutor, Seibert told reporters. “I am not going to evaluate here the decision he has made,” he said. Separately, the German Parliament earlier this year set up a committee to investigate the scope of spying by the NSA and other intelligence services in Germany.
  •  
    There's a bit of comedy beneath the surface here. When Edward Snowden was in Hong Kong and news of the NSA leak hit, the U.S. Dept. of Justice promptly filed a criminal espionage charge against Snowden and attempted to extradite him from Hong Kong. Snowden left Hong Kong before the extradition paperwork was processed enough to result in his arrest.  Now with a pending criminal investigation of the NSA's espionage activities aimed at Germany's chancellor, the Obama White House says it wants dialog, not a criminal investigation. Would the U.S. honor its extradition treaty with Germany if NSA officials or the Director of Intelligence were charged with espionage in Germany? One might suspect that a dual-standard would be deployed, in effect saying that only espionage charges that the U.S. lodges can justify extradition. Or at least that's the way it worked when Italy tried and convicted in absentia several CIA officials and an Air Force officer of espionage activities, relating to the kidnapping and "extraordinary rendition" of a gentleman in Italy.       But this incident serves as a reminder that when the NSA officials conduct foreign intelligence activities, they will in most cases be deliberately violating the criminal laws of other nations. And the same activity aimed at U.S. citizens is also criminal, which is undoubtedly why Sen. Ron Wyden asked Director of Intelligence Clapper if the NSA had taken account of the Computer Fraud and Abuse Act in its processing of domestic digital communications. Clapper said he would get back to Wyden on that in writing. So far as I'm aware, Wyden is still waiting for that answer. There are lots of comedians in Washington, D.C. Most of them have no idea that they are comedians.   
Paul Merrell

U.S. deploys Diplomat to talk with Venezuelan Government and Opposition | nsnbc international - 0 views

  • A senior U.S. diplomat touched down in Caracas on Wednesday where he met with Venezuelan President, Nicolas Maduro, ahead of the Organization of American State’s (OAS) 7th Summit of the Americas this Friday in Panama.  State Department Counsellor, Thomas A. Shannon, flew to Venezuela on Tuesday on behalf of Secretary of State, John Kerry, at the invitation of Caracas. Venezuelan Foreign Minister, Delcy Rodriguez, was also present.
  • Venezuelan President, Nicolas Maduro, stated that he hoped the meeting would lead to a new era of relations with the U.S. “I told him, with all due respect, I hope that what I am going to say here in this meeting, with the best Bolivarian commitment, is going to be received where it needs to be received and that the doors are opened to a new stage in our relationship, based on respect, respect for the dignity and sovereignty of Venezuela,” stated Maduro on Thursday.
  • The reaction has witnessed Washington tone down its rhetoric in relation to Venezuela and on Tuesday this week, Benjamin J. Rhodes, deputy national security adviser for strategic communications, stated that “The United States does not believe that Venezuela poses some threat to our national security,” in what seemed to be a contradiction of the language used in March’s Executive Order. Nevertheless, the issue is expected to be a significant point of contention throughout the upcoming summit, which will be attended by both President Nicolas Maduro and Barack Obama.
  • ...2 more annotations...
  • Following his meeting with government representatives on Wednesday, Shannon convened with members of the Venezuelan opposition coalition the “Roundtable of Democratic Unity” (MUD) at the U.S. embassy headquarters before flying back to Washington on Thursday. The MUD has confirmed that the purpose of the meeting was to talk to Shannon about “the release of political prisoners,” Venezuela’s human rights situation and the country’s upcoming legislative elections. “Following the summit (of the Americas), there will be a more active U.S. presence along with UNASUR foreign ministers and other actors, with a view to bringing about an electoral and peaceful way out of the Venezuelan crisis,” stated MUD secretary, Jesus Torrealba, who added that Shannon had confirmed that Washington would be “more emphatic” about addressing alleged “human rights abuses” in Venezuela following this week’s summit. According to the secretary, Washington is currently concerned that “a critical situation in Venezuela would not just affect Venezuelans, but that it would have an impact on the whole region”. The MUD also handed over an “updated human rights report” to Shannon before the closed meeting came to an end by 11am.
  • Despite his warm welcome from the Venezuelan opposition, U.S. diplomat Shannon was greeted with a cool reception by the country’s alternative media, which were reticent about the envoy’s speckled diplomatic history. Over the past few days, various articles have been circulating on the internet noting the diplomat’s links to Latin American and Caribbean countries which have experienced U.S. backed coups during the last fifteen years. According to reports and Wikileak cables, Shannon was present in Honduras in the months following the coup which ousted Manuel Zelaya in 2009, and played an extensive role in US- Haiti relations following the second ousting of elected leftist president, Jean Bertrand Aristide in 2004. The diplomat worked at the U.S. embassy in Caracas for three years between 1996-1999.
  •  
    A promise to the NED-funded Venezuelan opposition by the U.S. State Department that Obama will step up his Venezuela regime-change efforts after the end of this weekend's Summit of the Americas conference. 
Paul Merrell

'NY Times' ignores Israeli at heart of NY hedge fund bribery scandal in Africa - 0 views

  • The huge story about bribery by a New York hedge fund in Africa should have been on the front page, but the New York Times buried it in the financial section. And the paper did not even name one of the men at the heart of it, the billionaire Israeli businessman Dan Gertler. The Democratic Republic of Congo is one of the poorest countries in the world, parts of it torn by chronic violence, and Dan Gertler is one of the people most responsible for its awful state. But the New York Times has never sent any of its army of reporters to look into the crimes of Dan Gertler. Here’s what just happened: a $39 billion New York hedge fund, Och-Ziff Capital Management, pleaded guilty to conspiring to bribe African officials, and agreed to pay a $413 million fine. The U.S. government prosecution brief did not directly name bribers and bribees. But broad hints in government documents made it clear that Gertler, on behalf of the hedge fund, had given $100 million, some of it in cash, to, among others, the DR Congo president, Joseph Kabila, for investment opportunities in diamonds and mining. Other media, including Bloomberg and the Wall Street Journal, were not squeamish about naming Gertler. The Journal‘s running coverage of the Och-Ziff/DR Congo story has repeatedly put Gertler at front and center of the corruption.
  • The revelations in the bribery case are earth-shaking. Although rumors of mega-corruption in DR Congo are nothing new, Jason Stearns of the respected Congo Research Group points out it is the first time that “we have a solid paper trail proving that the senior Congolese officials including the Congolese president himself were direct beneficiaries of over $100 million in bribes from foreign companies.” The 42-year-old Gertler is a notorious shadowy figure in the poor central African nation. He befriended President Joseph Kabila two decades ago, and he is widely suspected of snapping up mining concessions at bargain prices and promptly selling them to mining companies at enormous profit. One estimate, a few years ago, was that the Congolese people have been cheated out of as much as $5.5 billion — a significant sum anywhere, but especially painful in a poor nation whose entire government budget for everything one year was as little as $7.2 billion.
  •  
    The case actually imposed fines for bribes paid to government officials in Libya, Guinea, Chad, Niger, and the DR Congo. It is a U.S. lawsuit under the Foreign Corrupt Practices Act. See http://congoresearchgroup.org/the-och-ziff-files-who-are-drc-officials-1-and-2/ for more detail.
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.
  • ...17 more annotations...
  • 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

Information Awareness Office - Wikipedia, the free encyclopedia - 0 views

  • The Information Awareness Office (IAO) was established by the Defense Advanced Research Projects Agency (DARPA) in January 2002 to bring together several DARPA projects focused on applying surveillance and information technology to track and monitor terrorists and other asymmetric threats to U.S. national security, by achieving Total Information Awareness (TIA). This would be achieved by creating enormous computer databases to gather and store the personal information of everyone in the United States, including personal e-mails, social networks, credit card records, phone calls, medical records, and numerous other sources, without any requirement for a search warrant.[1] This information would then be analyzed to look for suspicious activities, connections between individuals, and "threats".[2] Additionally, the program included funding for biometric surveillance technologies that could identify and track individuals using surveillance cameras, and other methods.[2] Following public criticism that the development and deployment of this technology could potentially lead to a mass surveillance system, the IAO was defunded by Congress in 2003. However, several IAO projects continued to be funded, and merely run under different names.[3][4][5][6]
  • The IAO was established after Admiral John Poindexter, former United States National Security Advisor to President Ronald Reagan, and SAIC executive Brian Hicks approached the US Department of Defense with the idea for an information awareness program after the attacks of September 11, 2001.[5] Poindexter and Hicks had previously worked together on intelligence-technology programs for the Defense Advanced Research Projects Agency. DARPA agreed to host the program and appointed Poindexter to run it in 2002. The IAO began funding research and development of the Total Information Awareness (TIA) Program in February 2003 but renamed the program the Terrorism Information Awareness Program in May that year after an adverse media reaction to the program's implications for public surveillance. Although TIA was only one of several IAO projects, many critics and news reports conflated TIA with other related research projects of the IAO, with the result that TIA came in popular usage to stand for an entire subset of IAO programs. The TIA program itself was the "systems-level" program of the IAO that intended to integrate information technologies into a prototype system to provide tools to better detect, classify, and identify potential foreign terrorists with the goal to increase the probability that authorized agencies of the United States could preempt adverse actions. As a systems-level program of programs, TIA's goal was the creation of a "counterterrorism information architecture" that integrated technologies from other IAO programs (and elsewhere, as appropriate). The TIA program was researching, developing, and integrating technologies to virtually aggregate data, to follow subject-oriented link analysis, to develop descriptive and predictive models through data mining or human hypothesis, and to apply such models to additional datasets to identify terrorists and terrorist groups.
  • Among the other IAO programs that were intended to provide TIA with component data aggregation and automated analysis technologies were the Genisys, Genisys Privacy Protection, Evidence Extraction and Link Discovery, and Scalable Social Network Analysis programs. On August 2, 2002, Dr. Poindexter gave a speech at DARPAtech 2002 entitled "Overview of the Information Awareness Office"[7] in which he described the TIA program. In addition to the program itself, the involvement of Poindexter as director of the IAO also raised concerns among some, since he had been earlier convicted of lying to Congress and altering and destroying documents pertaining to the Iran-Contra Affair, although those convictions were later overturned on the grounds that the testimony used against him was protected.
  • ...1 more annotation...
  • On January 16, 2003, Senator Russ Feingold introduced legislation to suspend the activity of the IAO and the Total Information Awareness program pending a Congressional review of privacy issues involved.[8] A similar measure introduced by Senator Ron Wyden would have prohibited the IAO from operating within the United States unless specifically authorized to do so by Congress, and would have shut the IAO down entirely 60 days after passage unless either the Pentagon prepared a report to Congress assessing the impact of IAO activities on individual privacy and civil liberties or the President certified the program's research as vital to national security interests. In February 2003, Congress passed legislation suspending activities of the IAO pending a Congressional report of the office's activities (Consolidated Appropriations Resolution, 2003, No.108–7, Division M, §111(b) [signed Feb. 20, 2003]). In response to this legislation, DARPA provided Congress on May 20, 2003 with a report on its activities.[9] In this report, IAO changed the name of the program to the Terrorism Information Awareness Program and emphasized that the program was not designed to compile dossiers on US citizens, but rather to research and develop the tools that would allow authorized agencies to gather information on terrorist networks. Despite the name change and these assurances, the critics continued to see the system as prone to potential misuse or abuse. As a result House and Senate negotiators moved to prohibit further funding for the TIA program by adding provisions to the Department of Defense Appropriations Act, 2004[10] (signed into law by President Bush on October 1, 2003). Further, the Joint Explanatory Statement included in the conference committee report specifically directed that the IAO as program manager for TIA be terminated immediately.[11]
  •  
    What became today's NSA programs of public concern were the brain child of Admiral John Poindexter and a private sector compadre. U.S. v. Poindexter, 951 F.2d 369, 390 (D.C. Cir. 1991). Poindexter had previously been convicted on five criminal counts involving lying to Congress and destruction and alteration of evidence.  His convictions were overturned on appeal on grounds that some of the testimony against him had been immunized from use in prosecution by Congress. There was no claim on appeal that any such evidence had been false.  86 U.S. v. Poindexter, 951 F.2d 369, 390 (D.C. Cir. 1991), . For far more detail of the evidence against Poindexter, see the August 4, 1993 final report by independent prosecutor Lawrence Walsh, Vol 1, Part 4 section 3, .  So one might say that today's controversial NSA activities were the idea of and conceived by a government official more than willing to lie to Congress and  to destroy and alter evidence. 
Paul Merrell

Latin America is ready to defy the US over Snowden and other issues | Stephen Kinzer | Comment is free | guardian.co.uk - 0 views

  • Any country that grants asylum to Snowden risks retaliation from the United States, including diplomatic isolation and costly trade sanctions. Several don't seem to care. The fact that Latin America has become the favored refuge for a United States citizen accused of treason and espionage is an eye-popping reminder of how fully the continent has emerged from Washington's shadow."Latin America is not gone, and we want to keep it," President Richard Nixon told aides as he was pressing the covert operation that brought down the Chilean government in 1973. A decade later, the Reagan administration was fighting proxy wars in Nicaragua, El Salvador and Guatemala. In the 1980s the US Army invaded two Caribbean countries, Grenada and Panama, to depose leaders who had defied Washington.
  • During the 1990s the United States sought to impose the "Washington Consensus" on Latin American governments. It embodied what Latin Americans call "neo-liberal" principles: budget cuts, privatization, deregulation of business, and incentives for foreign companies. This campaign sparked bitter resistance and ultimately collapsed. In spite of these military, political, and economic assaults – or perhaps because of them – much of Latin America has become profoundly dissatisfied with the made-in-USA model. Some of the continent's most popular leaders rose to power by denouncing the "Washington Consensus" and pledging to pull their countries out of the United States orbit.Because President Hugo Chavez of Venezuela was the most flamboyant of these defiant leaders, some outsiders may have expected that following his death, the region would return to its traditional state of submission. In fact, not just a handful of leaders but huge populations in Latin America have decided that they wish for more independence from Washington.
  • This is vital for Snowden because it reduces the chances that a sudden change of government could mean his extradition. If he can make it to Latin America, he will never lack for friends or supporters.
  • ...1 more annotation...
  • From Ecuador, Snowden could travel widely. Everything from the splendor of Bolivia's Lake Titicaca to the vibrancy of teeming Caracas awaits him. With luck, he might even be able to visit Guatemala in September to attend the grand festival being planned for the 100th anniversary of the birth of Jacobo Arbenz, the reformist president who the United States deposed in 1954.
  •  
    Remember when the U.S. routinely overthrew Latin-American governments at will, at the first sign of a government's resistance to U.S. dictates? The last time that occurred overtly was in 1989, with the invasion of Panama (although there have been later clandestine attempts). The cases of Julian Assange and Edward Snowden's selection of Ecuador as the refuge nation least likely to hand them over for U.S. prosecution illustrates the declining influence of U.S. government in Latin America.   
Paul Merrell

ICC Prosecutors: US Likely Committed War Crimes In Afghanistan - 0 views

  • Prosecutors from the International Criminal Court (ICC) today revealed that the results of a preliminary probe have suggested the US likely committed war crimes during the occupation of Afghanistan, saying that the probe suggested troops and the CIA tortured at least 61 detainees. The United States has made a point of not becoming a member of the ICC specifically to try to prevent American personnel from facing legal repercussions for war crimes. The ICC, however, has jurisdiction in this case because Afghanistan is a member, and the torture happened on Afghan soil. The report said the evidence suggests the torture was not the abuses of a few isolated individuals, but rather part of a systematic US approach of mistreating detainees to try to extract “actionable intelligence” from them. The report added that secondary investigations are also ongoing related to CIA torture in Poland, Romania, and Lithuania. Such preliminary probes are obviously just the first step, and are meant to determine if there is enough evidence and a legal basis for jurisdiction to launch a full-scale investigation. While Afghanistan obviously gives them jurisdiction, it isn’t clear if they will move forward. That’s because the ICC would also have to establish that the war criminals are not being prosecuted for their crimes at home, and they are still seeking to get all the details of all the court-martial cases and the like the US has conducted. Even then, the ICC has never gone on to launch a full investigation in anyplace but Africa so far, and the international body may be loathe to move from prosecuting Tuareg rebels in Mali to trying to go after CIA torture-masters.
Paul Merrell

Jeremy Hammond Sentenced To 10 Years In Prison - 0 views

  • NEW YORK -- Convicted hacker Jeremy Hammond was sentenced Friday to 10 years in prison for stealing internal emails from the global intelligence firm Stratfor.
  • Hammond, 28, has a lengthy criminal record for his protests both online and off against targets like the 2004 Republican National Convention and pro-Iraq War activists. But stealing Stratfor files as part of the online hacking collective Anonymous gave him a new level of notoriety. In May, he pleaded guilty to one conspiracy charge for hacking the Texas-based private intelligence firm Strategic Forecasting, or Stratfor. The security breach resulted in the theft of employee emails and account information for approximately 860,000 Stratfor subscribers and clients, including information from 60,000 credit cards. Although Hammond did not use the credit cards himself, he urged supporters to use them to make donations to charities. The resulting fraudulent charges led to headaches for nonprofits and for the private individuals who had their phone numbers and email addresses exposed. The government charges originally added up to 30 years in prison, but Hammond took a plea deal for violating the Computer Fraud and Abuse Act, a federal anti-hacking law also used to prosecute internet freedom activist Aaron Swartz. He admitted to hacking several other websites, including the Arizona Department of Public Safety, Special Forces Gear, the Boston Police Patrolmen's Association, and the sheriff's office in Jefferson County, Ala.
  • Nearly 5 million emails obtained in the Stratfor hack were turned over to WikiLeaks by Hammond and published as the “Global Intelligence Files.” They revealed domestic spying on activists, including Occupy Wall Street. The resulting media publicity led some, including 4,000 online petition backers and Pentagon Papers leaker Daniel Ellsberg, to hail him as a whistleblower. But to the federal government, he was little more than a common thief. “While he billed himself as fighting for an anarchist cause, in reality, Jeremy Hammond caused personal and financial chaos for individuals whose identities and money he took and for companies whose businesses he decided he didn’t like," United States Attorney Preet Bharara said in a May statement. On Friday, Hammond, who has been in detention for 20 months, struck back. While apologizing to the innocent people who had their personal information exposed as a result of his leaks, he lashed out at the FBI, and Hector Xavier Monsegur, an informant widely known by his online name "Sabu." For months, Hammond claimed, Sabu guided him as he hacked the Stratfor website and thousands more around the world.
  • ...1 more annotation...
  • Before being cut off by U.S. District Court Judge Loretta Preska, Hammond claimed that foreign government targets included Turkey, Brazil and Iran. Preska had already imposed a protective order preventing the release of the countries' names, which were in Hammond's statement as well as in sentencing paperwork. The government had disputed his claims involving the countries, and Preska responded by ordering that their names be redacted. She cut Hammond off in court Friday before he was able to list all of the countries in violation of the order.
  •  
    Jeremy Hammond draws the maximum 10-year sentence. 
Paul Merrell

CIA photos of 'black sites' could complicate Guantanamo trials - The Washington Post - 0 views

  • Military prosecutors this year learned about a massive cache of CIA photographs of its former overseas “black sites” while reviewing material collected for the Senate investigation of the agency’s interrogation program, U.S. officials said. The existence of the approximately 14,000 photographs will probably cause yet another delay in the military commissions at Guantanamo Bay, Cuba, as attorneys for the defendants demand that all the images be turned over and the government wades through the material to decide what it thinks is relevant to the proceedings.
  • The death penalty cases against the five men first began in 2008 under the Bush administration and was abandoned by the Obama administration for a planned trial in federal court in New York. That effort collapsed, and the prosecution was returned to the military in 2011.
  • The electronic images depict external and internal shots of facilities where the CIA held ­al-Qaeda suspects after 9/11, but they do not show detainee interrogations, including the torture of some suspects who were subjected to waterboarding and other brutal techniques. They do include images of naked detainees during transport, according to the officials, who spoke on the condition of anonymity because the material remains classified. The pictures also show CIA personnel and members of foreign intelligence services, as well as psychologists Bruce Jessen and James Mitchell, among the architects of the interrogation program.
  • ...4 more annotations...
  • It’s unclear whether the military prosecutors have been able to review all the photographs and why they hadn’t unearthed them years earlier. Former U.S. officials said Martins’s team was supposed to have the same access as Senate investigators and federal prosecutors to shared electronic drives containing agency documents at a secret location in Virginia. “It raises the question whether the agency is being cooperative with the prosecutors,” said James Harrington, the civilian attorney for 9/11 defendant Ramzi Binalshibh. “It’s beyond preposterous.”
  • mong the images are those of cells and bathrooms at the detention sites, including a facility in Afghanistan known as “Salt Pit,” where the waterboard was photographed.
  • The bulk of the photographs depict black sites in Thailand, Afghanistan and Poland. There are fewer shots of prisons in Romania and Lithuania, which were among the last to be used before they were closed in 2006. A former intelligence official who reviewed some of the photographs of the prison in Thailand described them as nondescript.
  • “Why is it we are still learning about this stuff?” said Joe Margulies, Zubaydah’s attorney. “Who knows what is still out there? What else is there? That’s what is appalling.” James Connell, defense attorney for Ammar al-Baluchi, one of the 9/11 defendants, filed a motion in January 2013 to compel production of “documents and information” relating to where the “accused or a potential witness have been confined.” Connell said the military judge overseeing the case hasn’t ruled on that motion. “If pictures from black sites exist, they are crime scene photographs,” Connell said. “The military commission rules require the prosecution to turn them over to the defense, but federal and international prosecutors should also get a copy — not to mention the public.”
  •  
    So finally the locations of at least some of the CIA "black sites" are out in the open. 
Paul Merrell

Spy Chief James Clapper Wins Rosemary Award - 0 views

  • Director of National Intelligence James Clapper has won the infamous Rosemary Award for worst open government performance in 2013, according to the citation published today by the National Security Archive at www.nsarchive.org. Despite heavy competition, Clapper's "No, sir" lie to Senator Ron Wyden's question: "Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?" sealed his receipt of the dubious achievement award, which cites the vastly excessive secrecy of the entire U.S. surveillance establishment. The Rosemary Award citation leads with what Clapper later called the "least untruthful" answer possible to congressional questions about the secret bulk collection of Americans' phone call data. It further cites other Clapper claims later proved false, such as his 2012 statement that "we don't hold data on U.S. citizens." But the Award also recognizes Clapper's fellow secrecy fetishists and enablers, including:
  • Gen. Keith Alexander, director of the NSA, for multiple Rose Mary Woods-type stretches, such as (1) claiming that the secret bulk collection prevented 54 terrorist plots against the U.S. when the actual number, according to the congressionally-established Privacy and Civil Liberties Oversight Board (PCLOB) investigation (pp. 145-153), is zero; (2) his 2009 declaration to the wiretap court that multiple NSA violations of the court's orders arose from differences over "terminology," an explanation which the chief judge said "strains credulity;" and (3) public statements by the NSA about its programs that had to be taken down from its website for inaccuracies (see Documents 78, 85, 87 in The Snowden Affair), along with public statements by other top NSA officials now known to be untrue (see "Remarks of Rajesh De," NSA General Counsel, Document 53 in The Snowden Affair).
  • Robert Mueller, former FBI director, for suggesting (as have Gen. Alexander and many others) that the secret bulk collection program might have been able to prevent the 9/11 attacks, when the 9/11 Commission found explicitly the problem was not lack of data points, but failing to connect the many dots the intelligence community already had about the would-be hijackers living in San Diego. The National Security Division lawyers at the Justice Department, for misleading their own Solicitor General (Donald Verrilli) who then misled (inadvertently) the U.S. Supreme Court over whether Justice let defendants know that bulk collection had contributed to their prosecutions. The same National Security Division lawyers who swore under oath in the Electronic Frontier Foundation's Freedom of Information Act lawsuit for a key wiretap court opinion that the entire text of the opinion was appropriately classified Top Secret/Sensitive Compartmented Information (release of which would cause "exceptionally grave damage" to U.S. national security). Only after the Edward Snowden leaks and the embarrassed governmental declassification of the opinion did we find that one key part of the opinion's text simply reproduced the actual language of the 4th Amendment to the U.S. Constitution, and the only "grave damage" was to the government's false claims.
  • ...9 more annotations...
  • President Obama for his repeated misrepresentations about the bulk collection program (calling the wiretap court "transparent" and saying "all of Congress" knew "exactly how this program works") while in effect acknowledging the public value of the Edward Snowden leaks by ordering the long-overdue declassification of key documents about the NSA's activities, and investigations both by a special panel and by the Privacy and Civil Liberties Oversight Board. The PCLOB directly contradicted the President, pointing out that "when the only means through which legislators can try to understand a prior interpretation of the law is to read a short description of an operational program, prepared by executive branch officials, made available only at certain times and locations, which cannot be discussed with others except in classified briefings conducted by those same executive branch officials, legislators are denied a meaningful opportunity to gauge the legitimacy and implications of the legal interpretation in question. Under such circumstances, it is not a legitimate method of statutory construction to presume that these legislators, when reenacting the statute, intended to adopt a prior interpretation that they had no fair means of evaluating." (p. 101)
  • Even an author of the Patriot Act, Rep. Jim Sensenbrenner (R-WI), was broadsided by the revelation of the telephone metadata dragnet. After learning of the extent of spying on Americans that his Act unleashed, he wrote that the National Security Agency "ignored restrictions painstakingly crafted by lawmakers and assumed plenary authority never imagined by Congress" by cloaking its actions behind the "thick cloud of secrecy" that even our elected representatives could not breech. Clapper recently conceded to the Daily Beast, "I probably shouldn't say this, but I will. Had we been transparent about this [phone metadata collection] from the outset … we wouldn't have had the problem we had." The NSA's former deputy director, John "Chris" Inglis, said the same when NPR asked him if he thought the metadata dragnet should have been disclosed before Snowden. "In hindsight, yes. In hindsight, yes." Speaking about potential (relatively minimal) changes to the National Security Agency even the president acknowledged, "And all too often new authorities were instituted without adequate public debate," and "Given the unique power of the state, it is not enough for leaders to say: Trust us. We won't abuse the data we collect. For history has too many examples when that trust has been breached." (Exhibit A, of course, is the NSA "watchlist" in the 1960's and 1970's that targeted not only antiwar and civil rights activists, but also journalists and even members of Congress.)
  • The Archive established the not-so-coveted Rosemary Award in 2005, named after President Nixon's secretary, Rose Mary Woods, who testified she had erased 18-and-a-half minutes of a crucial Watergate tape — stretching, as she showed photographers, to answer the phone with her foot still on the transcription pedal. Bestowed annually to highlight the lowlights of government secrecy, the Rosemary Award has recognized a rogue's gallery of open government scofflaws, including the CIA, the Treasury Department, the Air Force, the FBI, the Federal Chief Information Officers' Council, and the career Rosemary leader — the Justice Department — for the last two years. Rosemary-winner James Clapper has offered several explanations for his untruthful disavowal of the National Security Agency's phone metadata dragnet. After his lie was exposed by the Edward Snowden revelations, Clapper first complained to NBC's Andrea Mitchell that the question about the NSA's surveillance of Americans was unfair, a — in his words — "When are you going to stop beating your wife kind of question." So, he responded "in what I thought was the most truthful, or least untruthful, manner by saying 'no.'"
  • After continuing criticism for his lie, Clapper wrote a letter to Chairman of the Senate Select Committee on Intelligence Dianne Feinstein, now explaining that he misunderstood Wyden's question and thought it was about the PRISM program (under Section 702 of the Foreign Intelligence Surveillance Act) rather than the telephone metadata collection program (under Section 215 of the Patriot Act). Clapper wrote that his staff "acknowledged the error" to Senator Wyden soon after — yet he chose to reject Wyden's offer to amend his answer. Former NSA senior counsel Joel Brenner blamed Congress for even asking the question, claiming that Wyden "sandbagged" Clapper by the "vicious tactic" of asking "Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?" Meanwhile, Steve Aftergood of the Federation of American Scientists countered that "it is of course wrong for officials to make false statements, as DNI Clapper did," and that in fact the Senate Intelligence Committee "became complicit in public deception" for failing to rebut or correct Clapper's statement, which they knew to be untruthful. Clapper described his unclassified testimony as a game of "stump the chump." But when it came to oversight of the National Security Agency, it appears that senators and representatives were the chumps being stumped. According to Representative Justin Amash (R-Mich), the House Intelligence Committee "decided it wasn't worthwhile to share this information" about telephone metadata surveillance with other members of Congress. Classified briefings open to the whole House were a "farce," Amash contended, often consisting of information found in newspapers and public statutes.
  • The Emmy and George Polk Award-winning National Security Archive, based at the George Washington University, has carried out thirteen government-wide audits of FOIA performance, filed more than 50,000 Freedom of Information Act requests over the past 28 years, opened historic government secrets ranging from the CIA's "Family Jewels" to documents about the testing of stealth aircraft at Area 51, and won a series of historic lawsuits that saved hundreds of millions of White House e-mails from the Reagan through Obama presidencies, among many other achievements.
  • Director Clapper joins an undistinguished list of previous Rosemary Award winners: 2012 - the Justice Department (in a repeat performance, for failure to update FOIA regulations for compliance with the law, undermining congressional intent, and hyping its open government statistics) 2011- the Justice Department (for doing more than any other agency to eviscerate President Obama's Day One transparency pledge, through pit-bull whistleblower prosecutions, recycled secrecy arguments in court cases, retrograde FOIA regulations, and mixed FOIA responsiveness) 2010 - the Federal Chief Information Officers' Council (for "lifetime failure" to address the crisis in government e-mail preservation) 2009 - the FBI (for having a record-setting rate of "no records" responses to FOIA requests) 2008 - the Treasury Department (for shredding FOIA requests and delaying responses for decades) 2007 - the Air Force (for disappearing its FOIA requests and having "failed miserably" to meet its FOIA obligations, according to a federal court ruling) 2006 - the Central Intelligence Agency (for the biggest one-year drop-off in responsiveness to FOIA requests yet recorded).   ALSO-RANS The Rosemary Award competition in 2013 was fierce, with a host of government contenders threatening to surpass the Clapper "least untruthful" standard. These secrecy over-achievers included the following FOI delinquents:
  • Admiral William McRaven, head of the Special Operations Command for the raid that killed Osama Bin Laden, who purged his command's computers and file cabinets of all records on the raid, sent any remaining copies over to CIA where they would be effectively immune from the FOIA, and then masterminded a "no records" response to the Associated Press when the AP reporters filed FOIA requests for raid-related materials and photos. If not for a one-sentence mention in a leaked draft inspector general report — which the IG deleted for the final version — no one would have been the wiser about McRaven's shell game. Subsequently, a FOIA lawsuit by Judicial Watch uncovered the sole remaining e-mail from McRaven ordering the evidence destruction, in apparent violation of federal records laws, a felony for which the Admiral seems to have paid no price. Department of Defense classification reviewers who censored from a 1962 document on the Cuban Missile Crisis direct quotes from public statements by Soviet Premier Nikita Khrushchev. The quotes referred to the U.S. Jupiter missiles in Turkey that would ultimately (and secretly) be pulled out in exchange for Soviet withdrawal of its missiles in Cuba. The denials even occurred after an appeal by the National Security Archive, which provided as supporting material the text of the Khrushchev statements and multiple other officially declassified documents (and photographs!) describing the Jupiters in Turkey. Such absurd classification decisions call into question all of the standards used by the Pentagon and the National Declassification Center to review historical documents.
  • Admiral William McRaven memo from May 13, 2011, ordering the destruction of evidence relating to the Osama bin Laden raid. (From Judicial Watch)
  • The Department of Justice Office of Information Policy, which continues to misrepresent to Congress the government's FOIA performance, while enabling dramatic increases in the number of times government agencies invoke the purely discretionary "deliberative process" exemption. Five years after President Obama declared a "presumption of openness" for FOIA requests, Justice lawyers still cannot show a single case of FOIA litigation in which the purported new standards (including orders from their own boss, Attorney General Eric Holder) have caused the Department to change its position in favor of disclosure.
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.
  • ...8 more annotations...
  • 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

Case for war crimes against Israel more likely with Palestine willing to join International Criminal Court | Latest News & Updates at Daily News & Analysis - 0 views

  • The possibility of a war crimes investigation into the conduct of Israeli forces in Gaza, until recently unthinkable, has grown after the Palestinians said this week they wanted to become a party to the International Criminal Court.
  • The legal groundwork for such a move was laid in November 2012 when the 193-member United Nations General Assembly overwhelmingly approved the de facto recognition of the sovereign state of Palestine by upgrading the Palestinian Authority's observer status to "non-member state" from "entity". If the Palestinians were to sign the ICC's founding treaty, the Rome Statute, the court would have jurisdiction over crimes committed in the Palestinian territories. With Palestinian authorisation, an ICC investigation could then examine events as far back as July 1, 2002, when the court opened with a mandate to try individuals for war crimes, crimes against humanity and genocide. "If Palestine applies it will be admitted to the ICC," John Dugard, international law professor and a former UN Special Rapporteur for the Palestinian territories, told Reuters. "The UN has spoken and it has recognised the state of Palestine and it is now for the ICC to admit Palestine. I cannot see how that can be resisted."
  • Dugard said the Palestinians could then ask prosecutors to investigate alleged crimes in July and August in Gaza, but also the legality of Israeli West Bank settlements. "The settlements are an ongoing crime and it is quite clear that the settlements constitute a war crime under the Rome Statute and that is what Israel is desperately worried about," Dugan said. Israel says the settlements are legal, as it captured the West Bank from Jordan, rather than a sovereign Palestine, in the 1967 Middle East war.
  • ...2 more annotations...
  • One Israeli official, who spoke on condition of anonymity because the legal strategy is confidential, said the Israeli government is planning a defense of the Gaza operation and that counter-claims, including against the administration of President Mahmoud Abbas, could follow if the ICC launches a case. "We are talking about terrorism involving officials, security personnel and others, from his administration, and emanating from areas under his control," the official said.
  • ICC membership has been described by diplomats and officials as the Palestinian "nuclear option" because it is the key leverage the Palestinians hold in negotiations. It would also expose the Palestinians themselves to possible prosecution. Nearly a month of fighting in Gaza "left us no choice" but to seek a case against Israel at the ICC, Palestinian Foreign Minister Raid al-Malki said on Tuesday after meeting with prosecutors to discuss joining the court. "An investigation by the ICC is becoming crucial in the absence of a real system of accountability, due to the existence of a pervasive culture of impunity given to Israel and resulting from the lack of action by the international community," he said. Malki said "there is no difficulty for us to show or build the case. Israel is in clear violation of international law."
Paul Merrell

Menendez Is to Face Corruption Charges, U.S. Official Says - NYTimes.com - 0 views

  • The Justice Department is preparing to file corruption charges against Senator Robert Menendez, a scrappy 61-year-old veteran of New Jersey politics, after a two-year investigation into allegations that he accepted gifts and lavish vacations in exchange for political favors for a longtime friend and political benefactor.A law enforcement official said on Friday that the charges would be filed within a month against Mr. Menendez, the son of Cuban immigrants, who rose from a childhood in the tenements to become the chairman of the Senate Foreign Relations Committee and is now the highest-ranking Latino Democrat in Congress.
  • With the senator aggressively raising money for a legal-defense fund for more than a year now, charges against him had long been anticipated. But even in New Jersey, a state with a long history of political corruption, the case is jarring.
  • It revolves around the friendship between the senator and Salomon Melgen, a wealthy Florida eye surgeon. The two spent holidays together at Dr. Melgen’s home in the Dominican Republic, a gated oceanfront resort where the neighbors included Oscar de la Renta. Dr. Melgen eventually delivered hundreds of thousands of dollars to benefit Mr. Menendez and the national Democratic Party.Mr. Menendez accepted two round-trip flights aboard Dr. Melgen’s private jet for personal vacations in the Dominican Republic in 2010, but failed to report them as gifts or to reimburse Dr. Melgen at the time, as required under Senate disclosure rules.
  • ...4 more annotations...
  • According to court papers that were mistakenly and briefly unsealed last week, prosecutors have been examining whether Mr. Menendez improperly tried to persuade Medicare officials in recent years to change reimbursement policies in a way that would make millions of dollars for Dr. Melgen, one of the country’s biggest recipients of Medicare funds. Mr. Menendez has acknowledged urging the Centers for Medicare and Medicaid Services to change its reimbursement policy, but said he did so because he considered the policy unfair.
  • On Friday, Democratic leaders in the state took to the phones to plot how, as one put it, “to move a lot of the pieces around the board unexpectedly” should Mr. Menendez step down. Even as they did so, they cautioned against counting out a man known as one of the most tenacious political fighters in a state famous for them. But Mr. Menendez is also one of the least wealthy members of the United States Senate, and may not have the resources for a protracted legal fight.
  • The court papers that were mistakenly unsealed also revealed that a grand jury in New Jersey is looking into gifts that Dr. Melgen gave Mr. Menendez, in addition to the Medicare issue, as well as a deal Dr. Melgen had to sell port-screening equipment to the government of the Dominican Republic.The New Jersey Law Journal, which first reported about the documents last week, said the government also claims that Mr. Menendez, along with Senator Harry Reid, then the leader of the Democratic majority, advocated for Dr. Melgen in meetings with Kathleen E. Sebelius, then the secretary of health and human services.
  • The case will most likely involve a legal argument over when a senator’s activities are shielded from prosecution under the Constitution’s speech-or-debate privilege, which prohibits federal agents from using their law enforcement powers to interfere with lawmaking. The Justice Department and Congress have often battled over how broadly that protection applies.
Paul Merrell

Two Supermarket Executives Charged With Hoarding in Venezuela | venezuelanalysis.com - 0 views

  • Two managers of the private supermarket chain Dia Dia were formally charged by the Venezuelan state prosecutor yesterday with the alleged crimes of boycott and destabilization of the economy. Manuel Andrés Morales Ordosgoitti and Tadeo Arriechi Franco were arrested at the beginning of February after state authorities uncovered ton loads of basic items in a Dia Dia warehouse in Caracas. The indictments are part of a ramped up effort on the part of the Venezuelan government to crack down on hoarding and speculation by large private retailers, which is a primary contributing factor to inflation and widespread scarcities of basic goods.
  • The Bolivarian government has regulated the prices of everyday goods for years, in order to ensure access by the majority of Venezuelans for whom they were unaffordable under previous administrations. Nonetheless, the government has accused the private sector of exploiting this policy by hoarding cheap subsidized goods, creating consumer gaps, then selling them at exorbitant prices on the black market in what President Maduro has termed an “economic war” waged to destabilize the socialist government. Last month, board members of the private firms Dia Dia and Carnica 2005 were arrested for their companies’ role in a massive hoarding operation.
  • Carnica 2005 was nationalized and integrated into the state food distribution network PDVAL. Dia Dia operates 35 supermarkets throughout Venezuela, which are largely found in low-income communities.
  • ...2 more annotations...
  • On Monday, Venezuelan Vice-President Jorge Arreaza inaugurated the first of the nation’s “people’s military commands” in Lara state, which will be charged with “generating a victory in the economic war.” Last month, President Nicolas Maduro unveiled his plan for the creation of “peoples’ military commands” throughout the nation designed to combat “economic sabotage” at the local level by ensuring the supply of basic food and hygiene products as well as medicines. “The men and women who form these commands have the responsibility of attending to the denunciations of the people and safeguarding their access to food, medicine, and all necessary products,” declared the vice-president.
  • The people’s commands will reportedly operate in coordination with social movements, communal councils and communes, and state security organs, although details remain limited as the project is gets off the ground. 
  •  
    It's a big problem in Venezuela. The government subsidizes the purchase of consumer goods so that they can be priced lower for those with low incomes. But the right-wing "capitalists" aligned with U.S. covert agencies hoard the goods, creating artificial market shortages, then sell the goods on the black market at inflated prices. The current response by the government is criiminal prosecutions coupled with nationalization of businesses that don't hear the message. I suspect that the government may be forced at some point to drop the subsidies and begin writing welfare checks to low income citizens instead. The Bolivarian government is absolutely committed to ending poverty in Venezuela. Of course this smells too much of socialism for U.S. government tastes, which has been attempting to overthrow the Bolivarian government ever since it nationalized the oil industry. 
Paul Merrell

ICC cites evidence of international forces abusing Afghanistan detainees | Reuters - 0 views

  • U.N. prosecutors said on Thursday they had evidence suggesting international forces in Afghanistan had caused serious harm to detainees by subjecting them to physical and psychological abuse.The court has been investigating alleged crimes committed since 2003 by all parties to the conflict in Afghanistan, but in previous reports on the status of its inquiry it has been far more circumspect about alleged crimes and the harm caused.In its latest report on the many preliminary examinations it has open, the court's Office of the Prosecutor said U.S. investigations of alleged crimes by its soldiers had not yielded convictions or risen high up the chain of command.The determination marks a significant escalation of the court's long-running investigation and could prove controversial in the U.S., which is not a member of the court and has in the past opposed it vociferously. "The infliction of 'enhanced interrogation' techniques' ... would have caused serious physical and psychological injury," prosecutors wrote.
  • They also noted that there was evidence of violations committed by Taliban and forces that supported the Afghan government, adding that neither appeared to be seriously investigating allegations against its own side. Up to 37,000 civilian casualties had been attributed to anti-government forces since 2007, and pro-government forces appeared to have meted out "gruesome" treatment to some 5,000 detainees, prosecutors said.They were still trying to determine the gravity and scale of any violations committed by international and U.S. forces, they said. All NATO members contributed to the International Security Assistance Force mission to Afghanistan that ran from 2001 until last year. Forces from the U.S. and other countries remain in the country on a NATO training exercise.
  •  
    The ICC has jurisdiction because Afghanistan is a member of the Rome Statute that governs the ICC. It will be interesting to see if the ICC has the guts to prosecute high U.S. officials. (By law, the ICC is required to go for the highest ranking members of government who had responsibility. 'Twould be justice to see Bush 43, Cheney, and Rumsfeld in the dock. 
Paul Merrell

NSA Spied on Israel and US Lawmakers over Iran Deal | News | teleSUR English - 0 views

  • Friendly relations between US and Israel could turn sour over revelations that the NSA tapped Netanyahu, revealing efforts to block the Iran nuclear deal. The U.S. National Security Agency spied on close ally Israel, exposing how Israelis lobbied U.S. authorities to undermine the Iranian nuclear deal, RT reports.   The monitoring came in spite of a U.S. pledge to tone down surveillance of friendly states, while the latest snooping even included some Congress members private conversations. Former Chairman of the House Intelligence Committee Pete Hoekstra called the interceptions an “abuse of power” and called for an investigation into the allegations. “WSJ (Wall Street Journal) report that NSA spied on Congress and Israel communications very disturbing. Actually outrageous. Maybe unprecedented abuse of power,” Hoekstra wrote on his official Twitter account. “NSA and Obama officials need to be investigated and prosecuted if any truth to WSJ reports. NSA loses all credibility. Scary,” he added.
  • Friendly relations between US and Israel could turn sour over revelations that the NSA tapped Netanyahu, revealing efforts to block the Iran nuclear deal. The U.S. National Security Agency spied on close ally Israel, exposing how Israelis lobbied U.S. authorities to undermine the Iranian nuclear deal, RT reports.   The monitoring came in spite of a U.S. pledge to tone down surveillance of friendly states, while the latest snooping even included some Congress members private conversations. Former Chairman of the House Intelligence Committee Pete Hoekstra called the interceptions an “abuse of power” and called for an investigation into the allegations. “WSJ (Wall Street Journal) report that NSA spied on Congress and Israel communications very disturbing. Actually outrageous. Maybe unprecedented abuse of power,” Hoekstra wrote on his official Twitter account. “NSA and Obama officials need to be investigated and prosecuted if any truth to WSJ reports. NSA loses all credibility. Scary,” he added.
  • Massive surveillance has continued under President Barack Obama’s two terms, and the revelations of Edward Snowden in 2013 over the extent of the data harvested from civilians did little to dent the spy agency’s activities, according to the Wall Street Journal. A “protected list” rapidly pulled together by the Obama administration in the wake of the scandal to safeguard its closest allies from monitoring included countries including Germany and France. Israel, however, was not on this list, and was instead placed as NSA’s top monitoring priority, as was Turkey. A senior US official said told the Wall Street Journal, “Going dark on Bibi? Of course we wouldn’t do that,” using Israeli Prime Minister Benjamin Netanyahu’s nickname.
  • ...4 more annotations...
  • As Obama’s administration painstakingly worked toward reaching a nuclear deal with Iran, the NSA tapped communications between Israeli and U.S. lawmakers, revealing the lengths Netanyahu’s government was going to prevent the negotiations from concluding successfully.
  • Yet the White House was unable to use much of the information gleaned from surveillance as it would have been “politically risky:” exposing a “paper trail stemming out from a request.” But, the Wall Street Journal reports that when the NSA was tasked with deciding which information could be shared and which withheld, the agency recognized the conversations they had swept up included U.S. lawmakers, creating an “Oh-s— moment,” an official said, that the NSA was also spying on its own Congress members. The NSA dealt with the sticking point by removing the lawmakers’ names from intelligence reports and any trace of personal information.
  • Republican presidential candidate Ted Cruz said the revelation is “indicative of the Obama Clinton foreign policy and their inability to distinguish their friends from their enemies” and attacked Obama’s stance on Israel.
  • “The Obama administration has been the most hostile and antagonistic to the nation of Israel in our country’s history … it’s not surprising at all that the focus of the Obama administration would be on trying to intercept the communications of our very close friend and ally, Prime Minister Netanyahu,” CBS journalist Alan He reported Cruz as saying on Wednesday. But U.S. commentators have pointed out the irony of NSA “defenders” being scandalized by spying, when they happen to be the subject. “As usual, NSA defenders in Congress only get outraged about spying on Americans when the Americans happen to be them,” said U.S. journalist Trevor Timm.
Paul Merrell

U.S. Congresswoman: CIA Must Stop Illegal, Counterproductive War to Overthrow Assad - YouTube - 0 views

  • Tulsi Gabbard - a Democrat from Hawaii and member of the Armed Services Committee - demonstrates great knowledge and courage to go against the grain in the US and explain the Syria situation along with Russian and US roles the way it is. Speaking with Wolf Blitzer on CNN, Tulsi explains why the US allying with Islamist extremists to overthrow Syrian President Assad is an illegal, counterproductive war that will cause even more human misery in the region and help ISIS and other Islamist extremists take over all of Syria. Instead of once again being distracted by trying to get rid of a secular dictator, Tulsi explains, the US must stay out of counter productive wars and focus on defeating the Islamist extremists who have declared war on America.
  •  
    A member of Congress, Rep. Tulsi Gabbard (D-Hawaii) brands the U.S. efforts to overthrow the Assad Syrian government as illegal and calls for its end. Gabbard also makes the point that U.S. arms shipments are winding up in the hands of jihadi elements in Syria.  In her charge of illegality, Gabbard relies on the lack of Congressional authorization for a war against Syria. But she might also have relied on the even stronger ground that it is a war of aggression, the "supreme" war crime under Nuremburg Principles, U.N. Charter, and "customary" international law. "Customary international law" is international legal principles that are so firmly established that all nations -- regardless of whether they have ratified relevant treaties -- are subject to them. Customary international law was the basis for the Nuremburg Principles that enabled prosecution and punishment of Nazi war criminals even though Nazi Germany had withdrawn from relevant treaties.
Paul Merrell

Little consensus within administration on how to stop fall of Aleppo to Assad - The Washington Post - 0 views

  • There is no consensus within the administration about what the United States can or should do to try to bring a halt to the killing and stop what appears to be the increasingly inevitable fall of Aleppo, Syria’s largest city, to government forces.
  • But last Thursday, as the discussion moved up the chain to a contentious White House meeting of national security principals, top defense officials made clear that their position had not changed. They advised a possible increase in weapons aid to opposition fighters but said the United States should focus its own military firepower on the anti-Islamic State mission rather than risk a direct confrontation with Russia. Asked about the perception of a double shift, a senior defense official said the Pentagon’s position had not changed. “We still believe there are a number of ways to bolster the opposition and not compromise the anti-Islamic State mission,” this official said.
  • But others felt that they had been spun by the defense leadership. Amid increasing internal tension, one senior administration official insisted that both the Syrian opposition and U.S. allies have pressed for a continuation of negotiations and discouraged talk of military intervention. Obama’s position on the subject, this official said, has been “consistent. We do not believe there is a military solution to this conflict. There are any number of challenges that come with applying military force in this context.” In Obama’s recent speech at the United Nations, the official noted, Obama repeated that “there’s no ultimate military victory to be won” in Syria. Instead, Obama said, “we’re going to have to pursue the hard work of diplomacy that aims to stop the violence, and deliver aid to those in need, and support those who pursue a political settlement.” No proposals have been presented to Obama for a decision, and some in the administration think the White House is willing to let time run out on Aleppo, in part to preserve options for a new administration.
  • ...6 more annotations...
  • De Mistura has predicted that if Russian and Syrian air attacks and artillery bombardment do not stop, the city will fall before the end of the year; the U.S. intelligence community assesses that it could be a matter of weeks.
  • An estimated 275,000 civilians, one-third of them children, and 10,000 rebels are surrounded in the eastern side of the city, now under constant aerial attack
  • While Aleppo is the proximate prize sought by the government and its Russian backers, at least 50,000 opposition fighters — many of whom owe their training, weapons and inspiration in large part to the United States — remain in pockets spread across western Syria. Many of those forces have been advised and supplied by the CIA, whose director, John Brennan, is said to favor military action or, at the very least, dispatching more and better weapons to the opposition, particularly if Aleppo is lost. That decision, which would allow the rebels to continue to fight a guerrilla war, or to defend those pockets of the country still in opposition hands, might not be the administration’s to make. Allied governments in the region, including Qatar, Turkey and, to a lesser extent, Saudi Arabia, have long advocated for increased support for the rebels and could decide on their own to send more sophisticated armaments — some of which, including shoulder-launched antiaircraft weapons, the United States has refused to make available on the grounds that they could end up in the wrong hands.
  • As they assess Russian President Vladi­mir Putin’s goals in Syria, intelligence officials think he is less interested in an outright military victory than in being able to set the terms for a settlement that ensures Assad’s survival. But at least in the short term, they believe, the big winner may be the Front for the Conquest of Syria, the al-Qaeda affiliate formerly known as Jabhat al-Nusra. The jihadist group, which U.S. officials have said is planning “external operations” against the United States, has grown in strength and respect as a formidable, well-equipped fighting force against Assad. While senior White House aides are said to be opposed to U.S. military action, one other official who is said to have argued in favor of a military response is Samantha Power, the U.S. ambassador to the United Nations,
  • Echoing the arguments for accountability in the book, “A Problem From Hell,” Kerry last week publicly called for Russia and Syria to be investigated for war crimes for the targeted killing of civilians and wanton destruction in Aleppo and beyond. On Friday, Moscow described Kerry’s call as “propaganda” and repeated its assertion that the United States, by failing to separate rebel forces from the targetable terrorists it insists control Aleppo, is to blame for the failure of the cease-fire. According to international-law experts, however, the likelihood of a war crimes prosecution of either country is virtually nonexistent. Neither Russia nor Syria belongs to the treaty-based International Criminal Court, and a referral to its jurisdiction would require a resolution by the U.N. Security Council, a body in which Russia holds a veto. At the same time, both the ICC and the International Court of Justice, the United Nations’ judicial branch, are designed to prosecute individuals rather than states.
  • “The law of war crimes is individual and personal,” said Kenneth Anderson, a law professor at American University. “Talk of war crimes trials by itself is not serious,” Anderson said. “It’s an evasion of policy by a state that does not want to have to respond to the concerted actions of another state, another two states.”
  •  
    The WaPo statistics on the number of people surrounded in East Aleppo are way off. Most of the city is government controlled, but WaPo uses the city's entire population as the number of surrounded people. Best estimates for the number surrounded in the cauldron are in the neighborhood of 10,000 fighters and 20,000 of their camp followers. Let's hope that Obama has a sane moment and doesn't buckle to the chickenhawk pressure.
Gary Edwards

The Stunning Hypocrisy of the U.S. Government - BlackListedNews.com - 1 views

  • Please read this rather good summary in this morning’s New York Times of the worldwide debate Snowden has enabled – how these disclosures have “set off a national debate over the proper limits of government surveillance” and “opened an unprecedented window on the details of surveillance by the NSA, including its compilation of logs of virtually all telephone calls in the United States and its collection of e-mails of foreigners from the major American Internet companies, including Google, Yahoo, Microsoft, Apple and Skype” – and ask yourself: has Snowden actually does anything to bring “injury to the United States”, or has he performed an immense public service?
  • The irony is obvious: the same people who are building a ubiquitous surveillance system to spy on everyone in the world, including their own citizens, are now accusing the person who exposed it of “espionage”.
  • It seems clear that the people who are actually bringing “injury to the United States” are those who are waging war on basic tenets of transparency and secretly constructing a mass and often illegal and unconstitutional surveillance apparatus aimed at American citizens – and those who are lying to the American people and its Congress about what they’re doing – rather than those who are devoted to informing the American people that this is being done.
  • ...13 more annotations...
  • The Obama administration leaks classified information continuously. They do it to glorify the President, or manipulate public opinion, or even to help produce a pre-election propaganda film about the Osama bin Laden raid.
  • The Obama administration does not hate unauthorized leaks of classified information. They are more responsible for such leaks than anyone.
  • What they hate are leaks that embarrass them or expose their wrongdoing.
  • The “enemy” they’re seeking to keep ignorant with selective and excessive leak prosecutions are not The Terrorists or The Chinese Communists.
  • It’s the American people.
  • The people who have learned things they didn’t already know are American citizens who have no connection to terrorism or foreign intelligence, as well as hundreds of millions of citizens around the world about whom the same is true.
  • What they have learned is that the vast bulk of this surveillance apparatus is directed not at the Chinese or Russian governments or the Terrorists, but at them.
  • And that is precisely why the US government is so furious and will bring its full weight to bear against these disclosures.
  • What has been “harmed” is not the national security of the US but the ability of its political leaders to work against their own citizens and citizens around the world in the dark, with zero transparency or real accountability.
  • If anything is a crime, it’s that secret, unaccountable and deceitful behavior: not the shining of light on it.
  • At a press conference to discuss the accusations, an N.S.A. spokesman surprised observers by announcing the spying charges against Mr. Snowden with a totally straight face. “These charges send a clear message,” the spokesman said. “In the United States, you can’t spy on people.”
  • “The American people have the right to assume that their private documents will remain private and won’t be collected by someone in the government for his own purposes.”
  • “Only by bringing Mr. Snowden to justice can we safeguard the most precious of American rights: privacy,” added the spokesman, apparently serious.
  •  
    Extremely well linked story from "Washington's Blog" excerpt: "The Government's Hypocrisy Is the Core Problem Congress has exempted itself from the prohibition against trading on inside information … the law that got Martha Stewart and many other people thrown in jail. There are many other ways in which the hypocrisy of the politicians in D.C. are hurting our country. Washington politicians say we have to slash basic services, and yet waste hundreds of billions of dollars on counter-productive boondoggles.  If the politicos just stopped throwing money at corporate welfare queens, military and security boondoggles and pork, harmful quantitative easing, unnecessary nuclear subsidies,  the failed war on drugs, and other wasted and counter-productive expenses, we wouldn't need to impose austerity on the people. The D.C. politicians said that the giant failed banks couldn't be nationalized, because that would be socialism.  Instead of temporarily nationalizing them and then spinning them off to the private sector - or breaking them up - the politicians have bailed them out to the tune of many tens of billions of dollars each year, and created a system where all of the profits are privatized, and all of the losses socialized. Obama and Congress promised help for struggling homeowners, and passed numerous bills that they claimed would rescue the little guy.  But every single one of these bills actually bails out the banks … and doesn't really help the homeowner. The D.C. regulators pretend that they are being tough on the big banks, but are actually doing everything they can to help cover up their sins. Many have pointed out Obama's hypocrisy in slamming Bush's spying programs … and then expanding them  (millions more). And in slamming China's cyber-warfare … while doing the same thing. And - while the Obama administration is spying on everyone in the country - it is at the same time the most secretive administration ever (ba
« First ‹ Previous 41 - 60 of 97 Next › Last »
Showing 20 items per page