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Gary Edwards

The obscure legal system that lets corporations sue countries | Claire Provost and Matt Kennard | Business | The Guardian - 0 views

  • Every year on 15 September, thousands of Salvadorans celebrate the date when much of Central America gained independence from Spain. Fireworks are set off and marching bands parade through villages across the country. But, last year, in the town of San Isidro, in Cabañas, the festivities had a markedly different tone. Hundreds had gathered to protest against the mine. Gold mines often use cyanide to separate gold from ore, and widespread concern over already severe water contamination in El Salvador has helped fuel a powerful movement determined to keep the country’s minerals in the ground. In the central square, colourful banners were strung up, calling on OceanaGold to drop its case against the country and leave the area. Many were adorned with the slogan, “No a la mineria, Si a la vida” (No to mining, Yes to life). On the same day, in Washington DC, Parada gathered his notes and shuffled into a suite of nondescript meeting rooms in the World Bank’s J building, across the street from its main headquarters on Pennsylvania Avenue. This is the International Centre for the Settlement of Investment Disputes (ICSID): the primary institution for handling the cases that companies file against sovereign states. (The ICSID is not the sole venue for such cases; there are similar forums in London, Paris, Hong Kong and the Hague, among others.) The date of the hearing was not a coincidence, Parada said. The case has been framed in El Salvador as a test of the country’s sovereignty in the 21st century, and he suggested that it should be heard on Independence Day. “The ultimate question in this case,” he said, “is whether a foreign investor can force a government to change its laws to please the investor as opposed to the investor complying with the laws they find in the country.”
  • Most international investment treaties and free-trade deals grant foreign investors the right to activate this system, known as investor-state dispute settlement (ISDS), if they want to challenge government decisions affecting their investments. In Europe, this system has become a sticking point in negotiations over the controversial Transatlantic Trade and Investment Partnership (TTIP) deal proposed between the European Union and the US, which would massively extend its scope and power and make it harder to challenge in the future. Both France and Germany have said that they want access to investor-state dispute settlement removed from the TTIP treaty currently under discussion. Investors have used this system not only to sue for compensation for alleged expropriation of land and factories, but also over a huge range of government measures, including environmental and social regulations, which they say infringe on their rights. Multinationals have sued to recover money they have already invested, but also for alleged lost profits and “expected future profits”. The number of suits filed against countries at the ICSID is now around 500 – and that figure is growing at an average rate of one case a week. The sums awarded in damages are so vast that investment funds have taken notice: corporations’ claims against states are now seen as assets that can be invested in or used as leverage to secure multimillion-dollar loans. Increasingly, companies are using the threat of a lawsuit at the ICSID to exert pressure on governments not to challenge investors’ actions.
  • “I had absolutely no idea this was coming,” Parada said. Sitting in a glass-walled meeting room in his offices, at the law firm Foley Hoag, he paused, searching for the right word to describe what has happened in his field. “Rogue,” he decided, finally. “I think the investor-state arbitration system was created with good intentions, but in practice it has gone completely rogue.”
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  • The quiet village of Moorburg in Germany lies just across the river from Hamburg. Past the 16th-century church and meadows rich with wildflowers, two huge chimneys spew a steady stream of thick, grey smoke into the sky. This is Kraftwerk Moorburg, a new coal-fired power plant – the village’s controversial next-door neighbour. In 2009, it was the subject of a €1.4bn investor-state case filed by Vattenfall, the Swedish energy giant, against the Federal Republic of Germany. It is a prime example of how this powerful international legal system, built to protect foreign investors in developing countries, is now being used to challenge the actions of European governments as well. Since the 1980s, German investors have sued dozens of countries, including Ghana, Ukraine and the Philippines, at the World Bank’s Centre in Washington DC. But with the Vattenfall case, Germany found itself in the dock for the first time. The irony was not lost on those who considered Germany to be the grandfather of investor-state arbitration: it was a group of German businessmen, in the late 1950s, who first conceived of a way to protect their overseas investments as a wave of developing countries gained independence from European colonial powers. Led by Deutsche Bank chairman Hermann Abs, they called their proposal an “international magna carta” for private investors.
  • In the 1960s, the idea was taken up by the World Bank, which said that such a system could help the world’s poorer countries attract foreign capital. “I am convinced,” the World Bank president George Woods said at the time, “that those … who adopt as their national policy a welcome [environment] for international investment – and that means, to mince no words about it, giving foreign investors a fair opportunity to make attractive profits – will achieve their development objectives more rapidly than those who do not.” At the World Bank’s 1964 annual meeting in Tokyo, it approved a resolution to set up a mechanism for handling investor-state cases. The first line of the ICSID Convention’s preamble sets out its goal as “international cooperation for economic development”. There was sharp opposition to this system from its inception, with a bloc of developing countries warning that it would undermine their sovereignty. A group of 21 countries – almost every Latin American country, plus Iraq and the Philippines – voted against the proposal in Tokyo. But the World Bank moved ahead regardless. Andreas Lowenfeld, an American legal academic who was involved in some of these early discussions, later remarked: “I believe this was the first time that a major resolution of the World Bank had been pressed forward with so much opposition.”
  • now governments are discovering, too late, the true price of that confidence. The Kraftwerk Moorburg plant was controversial long before the case was filed. For years, local residents and environmental groups objected to its construction, amid growing concern over climate change and the impact the project would have on the Elbe river. In 2008, Vattenfall was granted a water permit for its Moorburg project, but, in response to local pressure, local authorities imposed strict environmental conditions to limit the utility’s water usage and its impact on fish. Vattenfall sued Hamburg in the local courts. But, as a foreign investor, it was also able to file a case at the ICSID. These environmental measures, it said, were so strict that they constituted a violation of its rights as guaranteed by the Energy Charter Treaty, a multilateral investment agreement signed by more than 50 countries, including Sweden and Germany. It claimed that the environmental conditions placed on its permit were so severe that they made the plant uneconomical and constituted acts of indirect expropriation.
  • With the rapid growth in these treaties – today there are more than 3,000 in force – a specialist industry has developed in advising companies how best to exploit treaties that give investors access to the dispute resolution system, and how to structure their businesses to benefit from the different protections on offer. It is a lucrative sector: legal fees alone average $8m per case, but they have exceeded $30m in some disputes; arbitrators’ fees at start at $3,000 per day, plus expenses.
  • Vattenfall v Germany ended in a settlement in 2011, after the company won its case in the local court and received a new water permit for its Moorburg plant – which significantly lowered the environmental standards that had originally been imposed, according to legal experts, allowing the plant to use more water from the river and weakening measures to protect fish. The European Commission has now stepped in, taking Germany to the EU Court of Justice, saying its authorisation of the Moorburg coal plant violated EU environmental law by not doing more to reduce the risk to protected fish species, including salmon, which pass near the plant while migrating from the North Sea. A year after the Moorburg case closed, Vattenfall filed another claim against Germany, this time over the federal government’s decision to phase out nuclear power. This second suit – for which very little information is available in the public domain, despite reports that the company is seeking €4.7bn from German taxpayers – is still ongoing. Roughly one third of all concluded cases filed at the ICSID are recorded as ending in “settlements”, which – as the Moorburg dispute shows – can be very profitable for investors, though their terms are rarely fully disclosed.
  • “It was a total surprise for us,” the local Green party leader Jens Kerstan laughed, in a meeting at his sunny office in Hamburg last year. “As far as I knew, there were some [treaties] to protect German companies in the [developing] world or in dictatorships, but that a European company can sue Germany, that was totally a surprise to me.”
  • While a tribunal cannot force a country to change its laws, or give a company a permit, the risk of massive damages may in some cases be enough to persuade a government to reconsider its actions. The possibility of arbitration proceedings can be used to encourage states to enter into meaningful settlement negotiations.
  • A small number of countries are now attempting to extricate themselves from the bonds of the investor-state dispute system. One of these is Bolivia, where thousands of people took to the streets of the country’s third-largest city, Cochabamba, in 2000, to protest against a dramatic hike in water rates by a private company owned by Bechtel, the US civil engineering firm. During the demonstrations, the Bolivian government stepped in and terminated the company’s concession. The company then filed a $50m suit against Bolivia at the ICSID. In 2006, following a campaign calling for the case to be thrown out, the company agreed to accept a token payment of less than $1. After this expensive case, Bolivia cancelled the international agreements it had signed with other states giving their investors access to these tribunals. But getting out of this system is not easily done. Most of these international agreements have sunset clauses, under which their provisions remain in force for a further 10 or even 20 years, even if the treaties themselves are cancelled.
  • There are now thousands of international investment agreements and free-trade acts, signed by states, which give foreign companies access to the investor-state dispute system, if they decide to challenge government decisions. Disputes are typically heard by panels of three arbitrators; one selected by each side, and the third agreed upon by both parties. Rulings are made by majority vote, and decisions are final and binding. There is no appeals process – only an annulment option that can be used on very limited grounds. If states do not pay up after the decision, their assets are subject to seizure in almost every country in the world (the company can apply to local courts for an enforcement order).
  • While there is no equivalent of legal aid for states trying to defend themselves against these suits, corporations have access to a growing group of third-party financiers who are willing to fund their cases against states, usually in exchange for a cut of any eventual award.
  • Increasingly, these suits are becoming valuable even before claims are settled. After Rurelec filed suit against Bolivia, it took its case to the market and secured a multimillion-dollar corporate loan, using its dispute with Bolivia as collateral, so that it could expand its business. Over the last 10 years, and particularly since the global financial crisis, a growing number of specialised investment funds have moved to raise money through these cases, treating companies’ multimillion-dollar claims against states as a new “asset class”.
  • El Salvador has already spent more than $12m defending itself against Pacific Rim, but even if it succeeds in beating the company’s $284m claim, it may never recover these costs. For years Salvadoran protest groups have been calling on the World Bank to initiate an open and public review of ICSID. To date, no such study has been carried out. In recent years, a number of ideas have been mooted to reform the international investor-state dispute system – to adopt a “loser pays” approach to costs, for example, or to increase transparency. The solution may lie in creating an appeals system, so that controversial judgments can be revisited.
  • Brazil has never signed up to this system – it has not entered into a single treaty with these investor-state dispute provisions – and yet it has had no trouble attracting foreign investment.
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    "Luis Parada's office is just four blocks from the White House, in the heart of K Street, Washington's lobbying row - a stretch of steel and glass buildings once dubbed the "road to riches", when influence-peddling became an American growth industry. Parada, a soft-spoken 55-year-old from El Salvador, is one of a handful of lawyers in the world who specialise in defending sovereign states against lawsuits lodged by multinational corporations. He is the lawyer for the defence in an obscure but increasingly powerful field of international law - where foreign investors can sue governments in a network of tribunals for billions of dollars. Fifteen years ago, Parada's work was a minor niche even within the legal business. But since 2000, hundreds of foreign investors have sued more than half of the world's countries, claiming damages for a wide range of government actions that they say have threatened their profits. In 2006, Ecuador cancelled an oil-exploration contract with Houston-based Occidental Petroleum; in 2012, after Occidental filed a suit before an international investment tribunal, Ecuador was ordered to pay a record $1.8bn - roughly equal to the country's health budget for a year. (Ecuador has logged a request for the decision to be annulled.) Parada's first case was defending Argentina in the late 1990s against the French conglomerate Vivendi, which sued after the Argentine province of Tucuman stepped in to limit the price it charged people for water and wastewater services. Argentina eventually lost, and was ordered to pay the company more than $100m. Now, in his most high-profile case yet, Parada is part of the team defending El Salvador as it tries to fend off a multimillion-dollar suit lodged by a multinational mining company after the tiny Central American country refused to allow it to dig for gold."
Paul Merrell

'This Week' Transcript: Dr. Ben Carson and Samantha Power - ABC News - 0 views

  • SAMANTHA POWER, U.S. AMBASSADOR TO THE U.N.: Great to be here.
  • RADDATZ: Given what’s happening in Syria, is there any world in which the president would be comfortable with Assad maintaining power? power: Well, the challenge with Assad, in addition to the fact that he gasses his own people and uses barrel bombs and you know, that we haven’t seen a dictator like him in a very long time – put that all to one side. The other challenge is he hasn’t been at all effective fighting ISIL. In fact, the presence of Assad has attracted foreign terrorist fighters. We are targeting them. We are having good success, again, particularly in the northern part of the country actually blunting ISIL’s progress and rolling them back. RADDATZ: Well, let’s talk about the U.S. effectiveness. One of the key parts of our strategy has been training moderate Syrian rebels. You heard General Austen just say there have only been four or five fighters who are still in the fight. And Central Command admitted Friday that U.S.-backed rebels turned over weapons and trucks to the al-Nusra front and the al Qaeda affiliated group. Not only did we not know about it for a week, they denied this happened. So what does this say about our vetting of those rebels? power: Well, first of all, let me say that as President Obama, I think, has said really from the very first time the issue of training and equipment came up that this would be very complex. And indeed as you know, he really grappled with this back in 2012 when the issue was first brought to him. We decided to go forward for a very simple reason, which is that when ISIL is cleared from a town – let’s say a town in the northern part of Syria – it’s extremely important that the town be held and that ISIL not reoccupy it as soon as the air strike or something ceases. And so you really need to have ground forces. We’ve worked extremely effectively with Kurdish forces in the northern part of the country, and Syrian Arab forces are going to need to be a part of the solution because they’re...
  • RADDATZ: But it doesn’t seem to be working so far. We understand the reasons for doing it... POWER: Totally fair. Totally fair. It’s obviously even more complex, I think, that we would have envisioned. But I think we can’t lose sight of the fact that this has to be a critical part of our strategy. DoD is looking now at adjustments that will need to be made to the program, clearly. And I think it’s very important as we vet and seek to, of course, strengthen our vetting procedures in order to avoid scenarios like the one that you’ve described. By the same token, this is a risk management exercise. We also have to grapple with the fact that if we weren’t investing in Syrian-Arab forces and in moderate Syrian opposition forces, we’d be in a world where again, ISIL would be able to have a protracted presence without being displaced over time. So we need to invest in this, we need to get the vetting right, and I think DoD has in mind some improvements that will enhance our process.
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    A half-billion dollars down the rathole in the last year to train fewer than 100 "moderate Syrians" who were promptly scuppered by Al Nusrah with all of their weapons and supplies thrown in for a bonus. The Obama Administration has the solution: more of the same. 
Gary Edwards

The Quiet Coup - The Atlantic (May 2009) - 0 views

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    Incredible article by Simon Johnson, former chief economist at the International Monetary Fund (IMF). He puts the focus of the financial crisis on the shoulders of a powerful and politically influential group he calls the "financial oligarchs". I caught Simon on Charlie Rose, and hunted down his article. This is a must read. Simon manages to put everything into the larger context of how things work in this world. "....Of course, the U.S. is unique. And just as we have the world's most advanced economy, military, and technology, we also have its most advanced oligarchy. In a primitive political system, power is transmitted through violence, or the threat of violence: military coups, private militias, and so on. In a less primitive system more typical of emerging markets, power is transmitted via money: bribes, kickbacks, and offshore bank accounts. Although lobbying and campaign contributions certainly play major roles in the American political system, old-fashioned corruption-envelopes stuffed with $100 bills-is probably a sideshow today, Jack Abramoff notwithstanding." Instead, the American financial industry gained political power by amassing a kind of cultural capital-a belief system. Once, perhaps, what was good for General Motors was good for the country. Over the past decade, the attitude took hold that what was good for Wall Street was good for the country. The banking-and-securities industry has become one of the top contributors to political campaigns, but at the peak of its influence, it did not have to buy favors the way, for example, the tobacco companies or military contractors might have to. Instead, it benefited from the fact that Washington insiders already believed that large financial institutions and free-flowing capital markets were crucial to America's position in the world.
Paul Merrell

Al Jazeera once again removes Joseph Massad article on Palestine | The Electronic Intifada - 0 views

  • Al Jazeera English has once again removed an article by Columbia University professor Joseph Massad hours after publishing it. The article, “The Dahlan Factor,” appeared for several hours on the Qatar-based broadcaster’s website this morning at this link, but was later removed without explanation (the full article is republished below). The article had been extremely popular, appearing in the fifth spot on the website’s “What’s Hot” section.
  • Massad’s article: The Dahlan factor The Israeli and US betting on the Dahlan horse will only increase the resolve of the Palestinians and their supporters
  • The recent resurrection of Mohammad Dahlanby several Arab governments, Israel and the US is a most important development for the future of the Palestinian cause, Palestinian Authority (PA)-Israel negotiations, and Hamas-ruled Gaza. Dahlan is viewed, by many Palestinians, as the most corrupt official in the history of the Palestinian national movement (and there are many contenders for that title). Dahlan, it would be recalled, was the PA man in charge of Gaza after the Oslo Accords were signed, where he commanded 20,000 Palestinian security personnel who were answerable to the CIA and to Israeli intelligence. His forces would torture Hamas members in PA dungeons throughout the 1990s. His corruption, at the time, was such that he allegedly diverted over 40 percent of taxes levied against the Palestinians to his personal account in what became known as the Karni Crossing Scandal in 1997. Dahlan, who has been accused repeatedly by both Hamas and Fatah of being an agent of US, Israeli, Egyptian, and Jordanian intelligence, would attempt to stage a US-organised coup against the democratically elected Hamas government in 2007 in Gaza, an attempt that backfired on him and ended with his eviction from the Strip (I had forewarned about the coup several months before it occurred).
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  • A simultaneous coup led by Abbas and his Israeli- and US-backed security forces in the West Bank was successful in dislodging the elected Hamas from power. Dahlan retreated to that mainstay of US and Israeli power, namely the PA-controlled West Bank, where he began to hatch new plots with his multiple patrons to undermine not only Hamas but also Abbas, whose position he begrudged and coveted. Indeed the Americans and the European Union (the latter on US orders) began to pressure Abbas to appoint Dahlan as his deputy, making it clear that they would like to see Dahlan succeed Abbas. Abbas resisted the pressure and refused. In the meantime, Dahlan, has been accused by Hamas and the PA of allegedly plotting several assassination attempts that targeted several Palestinian officials, including Hamas Prime Minister Ismail Haniyyah and Fatah ministers in the PA. Accusations that he persistently denied. His involvement in the 2010 Mossad assassination of a Hamas official in Dubai included having two of his Palestinian death squad hit men (later arrested by Dubai authorities) assist in the operation, a charge he also denied. His personal wealth was conservatively estimated in 2005 by an Israeli think tank at $120m.
  • Just as George Bush Jr and Bill Clinton terminated the services of Arafat after the latter proved unable to sign off on the final Palestinian surrender demanded of him at Camp David in the summer of 2000 (an inability that would arguably cost him his life at the hands of Abbas or Dahlan - depending on which of the two you talk to - acting at the behest of the Israelis, and very likely the Americans), Obama will terminate the services of Abbas should he fail to sign the US-sponsored surrender. Indeed, even if Abbas does sign such a deal, as he is approaching his 80th birthday, Dahlan will be needed and ready to take over after his death. It is in this context that Egyptian army top brass recently visited Israel for a whole week while the Egyptian private TV station Dream (owned by a Mubarak businessman ally, Ahmad Bahgat) aired an interview with Dahlan in which he attacked Abbas, in yet another effort to delegitimise the latter. Dahlan was offered the support of the rightwing Egyptian businessman Naguib Sawiris (infamous for his cutting off cellular phone lines in Cairo during the Egyptian uprising in January 2011 on the orders of Mubarak’s security apparatus), who sang Dahlan’s praises (as well as those of Mohammad Rashid, aka Khaled Salam, a former Arafat aide and another allegedly corrupt embezzling fugitive) as one of the most honest businessmen he ever worked with and then proceeded to denounce Abbas as a “liar”.
  • Dahlan’s power lies in his ability to serve the agenda of multiple patrons. For the Israelis, he is a ruthless, corrupt power-grubbing man who would do their bidding obediently were he to come to power in Gaza or the West Bank. Both the Americans and the Israelis see him as especially willing to sign on an American-sponsored Netanyahu deal without equivocation. For the Egyptians and the Gulf monarchies (and he is said to be a business partner with a Gulf ruler), he would look after their interests and obey their orders by eliminating any resistance to a US-imposed Palestinian final surrender to Israel and by eliminating Hamas once and for all. For the Egyptian coup leaders, whose coup replicated Dahlan’s 2007 Gaza coup, except successfully, he could rid them of Hamas, which they see as an extension of the power of the Muslim Brotherhood (MB), and render their relations with Israel even closer than they already are. Dahlan’s most important role, however, is the one that the Americans need him for, namely, to replace Abbas should the latter fail to sign on to the final surrender that Barack Obama and John Kerry have been cooking at the behest of Netanyahu in the past few months.
  • Once Dahlan’s schemes became too obvious to ignore, Abbas stripped him of power and chased him out of the Ramallah Green Zone in 2010. He moved to Mubarak’s Egypt and later, following the ouster of Mubarak, to Dubai (and on occasion Europe) where he remained until his more recent resurrection by the heirs of Mubarak who now sit on Egypt’s throne.
  • As an Egyptian court has recently joined Israel and the US in banning Hamas from the country and considering it a terrorist organisation and as the Israelis have threatened openly this week that an invasion of Gaza will be necessary, the plan for a Dahlan take-over is hatching slowly but surely. This is viewed as such a threat that Abbas dispatched his supporters and cronies to the streets of Ramallah to prove to the Americans and the Israelis that he still commands much support in the West Bank. The competition between Abbas and Dahlan is essentially one where each of them wants to prove that he can be more servile to Israeli, US, Egyptian, and Gulf interests while maintaining legitimacy and full control of the Palestinian population. The details of the plot are not clear. They could involve an invasion of Gaza from the Egyptian and the Israeli sides (and Egyptian officials have already threatened to carry out such an invasion a few weeks ago), a coup of sorts in the West Bank, and even assassinations of Haniyyah and/or Abbas. All bets are off at the moment, as Abbas, like Arafat before him, is offering complete obedience to US and Israeli diktat and will go much farther than Arafat did, but he understands too well that he would lose all legitimacy and control were he to sign the final humiliating surrender that the US and Israel are insisting on. Dahlan of course will have no such worries.
  • As for Hamas, which, unlike the MB, is a resistance movement and not a political party, it cannot be rounded up or crushed so easily, and the entry of Dahlan into Gaza, let alone the West Bank, will usher in a civil war that could likely end in his defeat yet again, short of a full Israeli invasion of Gaza to return him to power (Dahlan has also been accused by the PA of collaborating with the Israelis in their 2008 invasion of Gaza and has recently been accused in aiding the ongoing counter-revolution in Egypt). The same scenario would be repeated in the West Bank. The future of the Palestinian people is in danger and the enemies of the Palestinians surround them inside and outside Palestine. The Obama-Israeli-Egyptian-Gulf plans for liquidating their cause and their rights continue afoot. However, just like past corrupt Palestinian leaders were unsuccessful in liquidating the rights of the Palestinians and their cause, the Israeli and US betting on the Dahlan horse will only increase the resolve of the Palestinian people and their supporters that Palestinian resistance will only cease after the final liquidation of Israeli state racism and colonialism in all its manifestations throughout historic Palestine.
Gary Edwards

The Daily Bell - The Economist Hoists Its Battle Balloon? - 1 views

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    "The first world war... Look back with angst ... Thanks to its military, economic and soft power, America is still indispensable, particularly in dealing with threats like climate change and terror, which cross borders. But unless America behaves as a leader and the guarantor of the world order, it will be inviting regional powers to test their strength by bullying neighbouring countries. The chances are that none of the world's present dangers will lead to anything that compares to the horrors of 1914. Madness, whether motivated by race, religion or tribe, usually gives ground to rational self-interest. But when it triumphs, it leads to carnage, so to assume that reason will prevail is to be culpably complacent. That is the lesson of a century ago. - Economist Magazine Dominant Social Theme: Beware the coming wars ... Free-Market Analysis: You can't make this stuff up. The top men in the globalist community have been hard at work building wars and potential wars, and now it's time to let 'er rip. This is one dominant social theme we saw coming miles away. We've been writing about its imminence for years, and predicting war and more war as internationalists try to blunt the effect of the Internet Reformation. After the Gutenberg press blew up the Middle Ages and the Roman Catholic Church besides, the globalists of the era used economic chaos, war and the invention of copyright to fight back. We predicted they would use the same tools this time around and have no reason to revise our predictions thus far. The only thing we've consistently pointed out that has not yet been addressed is the inability of the top men to launch a full-out world war because that would involve nuclear weapons. And lacking a full-out war, we have questioned how successful the strategy can be. Obviously, the top elites see something we don't. Or perhaps they are willing to risk an all-out war anyway - as they retreat into reported fully-stocked, underground "cities." Here's more fro
Paul Merrell

Letter Calls Plea Deal for David Petraeus a 'Profound Double Standard' - NYTimes.com - 0 views

  • The plea deal given to retired Gen. David H. Petraeus, which spares him prison time even though he gave military secrets to his mistress, reveals a “profound double standard” in the way the Obama administration treats people who leak classified information, a lawyer for an imprisoned government contractor wrote in a letter to prosecutors.
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    Interesting article that explores double standards in plea bargains for low and high ranking U.S. officials who leak classified information. In the Petraeus case, I recall a statement by Diane Feinstein, who praised Petreus for excellent service to the government in the same interview, to the effect that Petraeus deserved leniency because his fall from such a high position in the government was sufficient punishment.  That's a recurring canard when a high official gets a slap on the wrist rather than prison time: [i] "falling into prison" is a much higher fall than a fall from power; [ii] a high official with greater power should be held to a higher standard of public trust than lower level officials, not a lower standard; and [iii] certainty of not doing prison time because of one's power encourages misconduct rather than deterring it. But double standards for the very  rich and the very powerful are far from a recent development and hardly unique to the U.S.  
Paul Merrell

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

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

The Daily Bell - America's Coming Crackup - 0 views

  • Our government bankers print money today like loons in an asylum spew absurdity. Glib media shills lure us every night into a disgraceful indolence. And our corporations lust like spoiled children after mega-billions of illicit lucre. Cataclysm is coming. No one with a minimal awareness of history, politics and proper economics today has faith that our society can continue much longer at its present level of government privilege and debt accumulation. There is a Grand Piper that must be paid, and he will manifest in any number of scenarios, none of which will be pleasant. One thing is for sure: The next two decades are going to be tumultuous and tragic. The events that unfold will be far more radical than we dare envision today. Paradigms in banking, politics and philosophy will be overturned. Wrenching lifestyle shifts will be forced upon millions. Something akin to what happened in the Soviet Union after the fall of communism in 1991 will take place in America. Our ruling regime will collapse and bring Russian-style economic hardship to us all. How exactly things unfold will depend upon whether the nation's intelligentsia bring themselves to seriously question the shams of statism, or whether the government-media-academy triad is able to continue bamboozling them. What is extremely unnerving is that whoever wins this battle to control the destiny of our country will determine the fate of freedom on the planet for hundreds, perhaps thousands of years. A monumental clash of ideology and propriety looms up ahead.
  • Why We Are Disintegrating as a Society
  • America's dilemma is this: We are being propelled toward an Orwellian style despotism that's purpose is to centralize government power in Washington, phase out American sovereignty and move our country as much as possible into subordination to the United Nations and eventually alignment with Canada, Mexico and Central America into a regional government. The world is moving toward the nightmare of Oceana, Eurasia and East Asia in Orwell's Nineteen Eighty-Four, which will extinguish freedom and merge mankind into a tyrannical egalitarianism. Why is this happening? Such is the influential force of ideology. We are being destroyed because of what historian Clarence Carson called a "collectivist curvature of the mind" that took over our intellectuals back in the early twentieth century. This curvature of the mind functions as the grand fueling mechanism for the goals of government centralization and ending our national sovereignty. It's horrifying, but every year our schools form the "best and the brightest minds" into collectivist apparatchiks to go out in the world and work their way into the power centers of society. The schools do this via false teachings in philosophy, economics, political science and history. This "ideological indoctrination" teaches every new generation that capitalism is an evil, exploitative, racist, warmongering system and must be phased out of modern societies. It teaches that national sovereignty is anachronistic and must be given up. Such indoctrination is being done very subtly and sophisticatedly, but it is a powerful, pervasive theme instilled into all our children from the first grade on.
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  • This is why we have so many bankers, corporate moguls, political statesmen, authors, pundits, artists, publishers and priests working today to undercut the country. Being "the best and the brightest," they were taught in their youth that capitalist America is an evil nation. They, thus, have gone out and risen to positions of power with a globalist worldview that believes economic freedom can't work in the modern day, that American sovereignty is an anachronism belonging to the nineteenth century. Since they are the nation's intelligentsia, they are immensely influential. Their socialist-collectivist worldview is spread to the masses which then elect legislators sympathetic to such irrationality to Congress and the White House.
  • Every one of us has to choose whether we will try to make a difference or give in to indifference. Will we fight to inform our neighbors or succumb to the easy road of apathy? Will we opt for principle or popularity? Will we succumb to the statist thugs on the far left, or fall for the anarchic screwballs on the far right? The "mean" of constitutional sanity beckons to the percipient among us. Will it survive the tumult ahead?
  • All quite clear and horrifying. But how are we, as mere laymen with no access to national media or huge fortunes, to confront this destruction of freedom and sanity in America and throughout the West?
  • We must take a page from the story of the old man and the starfish. After a huge storm had brought a mini-tidal wave to his beach community one night, there were tens of thousands of starfish washed up on the shore that next morning. Amidst the masses of starfish the old man could be seen patiently picking them up and tossing them back into the sea. Along came a young lad in his twenties with green hair, eyebrow rings and a scornful face. He started laughing and mocked the old man with cynical derision. "You have to be crazy, old timer. You can't possibly save those starfish; there's thousands of them. You're wasting your time, you fool. YOU CAN'T MAKE A DIFFERENCE!" The old man looked up at the insolent youth and smiled. He then reached down and picked up one of the struggling starfish and winged it far out into the water, replying to his tormentor, "Made a difference with that one, didn't I?"
  • Making a Difference
  • A Diplomatic Nuisance
  • Not everyone, naturally, has the time and mental wherewithal to forcefully fight the "ideological indoctrination" destroying our country today. But many of us do. Our power lies in our minds and the strength of our personalities. We who possess this inner strength feel compelled to spread the word in any way we can for as long as we live. We feel compelled to wing as many starfish back to life as we can. The apathetic and cynical will scorn all this as senseless, just as the green-haired youth did. They will choose to remain wards of the state and sanction their enslavers. This has always been the nature of most humans. When such wards see others fighting valiantly against seemingly insurmountable odds for the freedom they have scorned, they are subconsciously humiliated because they are not deep in the thick of the fight themselves. They have chosen to avoid the fight and sanction the tyrants who are destroying our way of life. Thus, they must find a way to salve their consciences. That way is to caustically mock the Davids who go up against the Goliaths, to smear the Rolands of Roncesvalles that history hands down to us as heroic exemplars.
  • You the reader have a paramount decision to make regarding all this. It is High Noon for the cause of freedom. Will you fight with the heroic exemplars? If you choose to fight, then your first necessity is to become aware of WHAT is happening and WHY it is happening. That awareness can only be found via fervent curiosity and a commitment to the study of libertarian and conservative literature.
  • Your second duty is to emulate Paul Revere and warn all those in your sphere of influence. You do this by making a diplomatic nuisance of yourself, by pleasantly pestering your comrades to wake up to the elite's usurpations growing by leaps and bounds in our lives. You do it by convincing them that there are grander values in life than shiny new SUVs and country club memberships. There is something called the American way of life that requires personal independence.
  • Time is short. Collectivism steals over us like crack cocaine filters into a ghetto. It devastates everything of worth in its path. All the stoic traditions of strength, all the great lessons of logic, all the revered truths of Nature that have been handed down to us throughout the centuries are being assailed. The weasel-tyrants and their unctuous lackeys have gained control of the intellectual, political and banking power centers of our country, but they can't control the ultimate factor – the truth – because they can't control our minds unless we let them. They can't prohibit defiance. Solzhenitsyn showed us this. They can't extend their enslavement UNLESS WE SANCTION IT!
  • What the elites fear is a populace with the strength of William Wallace fighting King Edward at Sterling Bridge in 1297, the daring of Washington's band crossing the Delaware in the dead of winter. They fear those willing to fight for the original America. Up against such heady citizens, our collectivist tyrants will scatter like feeding jackals in face of approaching hunters. Our job is to build an army of such heady citizens. You can help by joining the cause. Read the books of freedom and sound money, and pass them on as the early Americans did with Common Sense. Bring people to the website where you are reading this essay. Bring them to AFR's website. Bring them to a state of urgency. Bring them to the truth of our Constitution and to the laws of Nature and Nature's God. Nothing other than this kind of effort will suffice. You cannot help truth and freedom by watching moronic TV shows at night. That is how the elites control you. They flood the airwaves with mindless entertainment. It's today's version of Brave New World's "soma for the masses." Today's TV is for zombies and dullards. The same applies to our movies. Next time you're in the theater, look around you at all the hoi polloi stuffing their faces with popcorn and their psyches with over-the top-violence and trashy sex.
  • Aldous Huxley was the first to point out that modern totalitarian regimes leave the "activities of sex" alone, but regiment the "activities of production." This allows those who are servile to think they are still free as they vote away their REAL freedom – their freedom to acquire and keep wealth, to associate with whom they please, to speak and worship as they please. Look around you. There are far more servile people in this human race than there are independent people. This is the reason why dictatorships dominate the history of man; the majority of humans want to be ruled. They want to relinquish their meaningful freedom; it requires too much self-assurance and grit.
  • Logic and History
  • The cause of America is the cause of REAL freedom. It won't be found with the malefic forces of statism on the left, nor with the eccentric cults of anarchism on the right. Both are living death, a fool's game for those devoid of the capacity to see the big picture, i.e., to see that the spectrum of reality is not two-poled, but three-poled with multifarious gradations and a golden mean of truth in between. The nature of human existence is complexity, wrapped up in mystery, contained in inconceivability, subsumed under the power of Truth. We will never create a free society by denying this and ignoring the results of logic and the record of history. This is what statists and anarchists do. REAL freedom is impossible without a grasp of logic and a deep knowledge of history, which teach us that the cornerstones of freedom are equal rights, strictly limited government, gold money and self-reliant people. The statists violate logic and ignore history because they are callous brutes who place power above all and simply don't care. The anarchists violate logic and ignore history because logic and history show their political system to be unworkable.
  • The truths we learn from logic and history are the disinfectants we must hurl into Washington's swamp of political leeches that are sucking all verity from our lives. When the Washington leeches have so stultified our nation that ghastly ruin prevails throughout, then is when the crackup will commence. All readers should take note. A meltdown is coming; a revolution will follow. We must make sure this revolution goes in the direction of the Founding Fathers, not in the direction of the statist left, nor in the direction of the anarchistic right. Statism and anarchism are like the AIDS virus; they will always be deadly to life. It is to Aristotle, Locke and Jefferson that we must turn. They will always be sustaining to life.
  •  
    Wow, if this article isn't a MUST READ, then nothing is. Spot on call-to-arms. "Nelson Hultberg is a freelance scholar/writer in Dallas, Texas and the Director of Americans for a Free Republic. Nelson's articles have appeared in such publications as American Conservative, Insight, Liberty, The Freeman and The Dallas Morning News, as well as on numerous Internet sites. He is the author of The Golden Mean: Libertarian Politics, Conservative Values. Email: NelsHultberg (at) aol.com."
Gary Edwards

Honda unveils hydrogen-powered car with 400-mile range | Computerworld - 0 views

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    "Honda Motor Co. announced a new version of its hydrogen-powered fuel-cell vehicle (FCV) that can travel up to 400 miles and refuel in just three minutes. The new Honda Clarity Fuel Cell's drive train technology is about one-tenth the cost of Honda's previous FCV the FCX Clarity. The fuel-cell technology is also smaller than in the previous vehicle. Pricing for the vehicle was not released. "The fuel cell stack for this model was downsized by 33% compared to the previous version of the fuel cell stack and yet an output of more than 100 [kilowatts or kW]," Honda said in a statement. The new smaller fuel cell stack is about a 60% power output improvement over the previous model, Honda added. The new Clarity four-door sedan will have a maximum output of 130kW of power for fast pickup and offers "excellent quietness at the same time." The car was announced Wednesday at the Tokyo Motor Show."
Paul Merrell

Natural Disasters Are Revealing The True Promise Of Green Energy - 0 views

  • After Hurricane Irma in Florida, millions have been without electricity. But those Floridians who had solar panels plus an inverter or a Tesla powerwall were able to recover electricity immediately. Likewise, cities used solar to power traffic lights and other essential services after the huge storm had blown past. Solar panels kept the lights on in India during the horrific storms and floods of monsoon this year. The CEO of REC, Steve O’Neil which makes solar panels, reveals some amazing progress on green energy:
  • In 2010, there were 50 gigawatts of solar power in the world. Today it is 305 gigawatts. Globally, solar installations increased by 50% in 2016 alone. The average cost of solar-generated electricity worldwide is currently 8 cents a kilowatt hour. That is down 70% since 2010.
  • ome on down to 2 cents a kilowatt hour in only a few years. India, a country of 1.2 billion people, has the seventh largest gross domestic product in the world (ahead of Italy and Brazil and just behind France). India has gone from having 2.65 gigawatts of solar in 2014 to having 13 gigawatts of solar capacity in 2017.
Paul Merrell

How the U.S. Uses Surveillance and Scandal to Advance Its Global Control | Alternet - 0 views

  • For more than six months, Edward Snowden’s revelations about the National Security Agency (NSA) have been pouring out from the Washington Post, the New York Times, the Guardian, Germany’s Der Spiegel, and Brazil’s O Globo, among other places.  Yet no one has pointed out the combination of factors that made the NSA’s expanding programs to monitor the world seem like such a slam-dunk development in Washington.  The answer is remarkably simple.  For an imperial power losing its economic grip on the planet and heading into more austere times, the NSA’s latest technological breakthroughs look like a bargain basement deal when it comes to projecting power and keeping subordinate allies in line -- like, in fact, the steal of the century.  Even when disaster turned out to be attached to them, the NSA’s surveillance programs have come with such a discounted price tag that no Washington elite was going to reject them.For well over a century, from the pacification of the Philippines in 1898 to trade negotiations with the European Union today, surveillance and its kissing cousins, scandal and scurrilous information, have been key weapons in Washington’s search for global dominion. Not surprisingly, in a post-9/11 bipartisan exercise of executive power, George W. Bush and Barack Obama have presided over building the NSA step by secret step into a digital panopticon designed to monitor the communications of every American and foreign leaders worldwide.
  • What exactly was the aim of such an unprecedented program of massive domestic and planetary spying, which clearly carried the risk of controversy at home and abroad? Here, an awareness of the more than century-long history of U.S. surveillance can guide us through the billions of bytes swept up by the NSA to the strategic significance of such a program for the planet’s last superpower. What the past reveals is a long-term relationship between American state surveillance and political scandal that helps illuminate the unacknowledged reason why the NSA monitors America’s closest allies.Not only does such surveillance help gain intelligence advantageous to U.S. diplomacy, trade relations, and war-making, but it also scoops up intimate information that can provide leverage -- akin to blackmail -- in sensitive global dealings and negotiations of every sort. The NSA’s global panopticon thus fulfills an ancient dream of empire. With a few computer key strokes, the agency has solved the problem that has bedeviled world powers since at least the time of Caesar Augustus: how to control unruly local leaders, who are the foundation for imperial rule, by ferreting out crucial, often scurrilous, information to make them more malleable.
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    Excellent, detailed, and heavily referenced with hyperlinks. A history of U.S. use of intelligence for blackmail purposes. The author makes the case that with the U.S. empire and economy waning, the U.S. has found an extremely inexpensive method to project power by blackmail.
Gary Edwards

The Sides Are Forming For The Coming Civil War. | Militia News - 1 views

  • America is in the choosing sides phase of the coming civil war. To use a college recruiting phrase, it is accurate to state that the letters of intent to join one side or another have mostly been signed and the commitments offered. However, there is one big uncommitted piece, but very soon the sides will be drawn.
  • The Chess Pieces of Civil War What is going on today in America all about choosing sides. There are clear lines being formed in the United States. The recruiting pool consists of the Department of Homeland Security, the American military, local law enforcement, the Russian troops pouring into the United States, the trickle of Chinese troops coming into the country through Hawaii and, of course, the poor, the middle class and elite. This is the recruiting pool which will form the chess pieces of the coming American Civil War. Even if all parties in this country wanted the country to continue, even in its present mortally wounded state, it would be foolish to believe that it could continue for much longer.
  • Barring a false flag event, US martial law will have a trigger event, which will lead to martial law, that will be financial and it will naturally occur as we are already on a collision course with destiny.
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  • The net result of these staggering numbers can only end one way, and that is with a financial collapse, followed by a bank holiday, rioting in the streets and the full roll out of martial law. These financial numbers guarantee that the party cannot continue much longer. Since America, in her present form, cannot continue much longer without experiencing a cataclysmic shift, we would be wise to realize what resources are going to be the impetus for civil war. When you play the board game, Monopoly, the properties on Boardwalk are among the most coveted. It is no different in real life. The biggest prize of the coming conflict is real estate. Homes, office buildings and shopping malls are the most coveted prize. The MERS mortgage fraud continues unabated as millions of homes have been confiscated through mortgage fraud. When the dollar is worthless and is awaiting its replacement (e.g. the Amero or the Worldo), real estate will be more valuable than gold.
  • Other big game that is being hunted by both sides in the coming civil war will be bank accounts, which must be looted before the dormant computer digits we call money can be converted into hard assets. That is why my advice is, and has been, convert your cash into tangible assets which can enhance your survivability in the upcoming crash.
  • Also, your pensions, your 401K’s and your various entitlement programs are also at risk as evidenced by Secretary of Treasury Jack Lew’s “borrowing” from various Federal retirement accounts in order to increase the debt ceiling fight that will resurface in Congress, again, early next year.
  • Again, my advice is to convert your assets in tangible items which will aid in getting you through some very dark days coming up in the near future.
  • Before the cognitive dissonance crowd rears their ugly heads and accuses me of fear mongering, ask yourself what the elite did prior to the crash of the economy in 1929. For example, Joseph Kennedy took his money out of the stock market the day BEFORE it crashed. Vanderbilt, Rockefeller, Westinghouse, et al., all took their money out just prior to the crash, leaving the ignorant masses unaware of what was coming. Don’t make the same mistake.
  • I have news for you, there are Federal officials in every town, city and county in America. If one violates HR 347, they will be immediately arrested and charged with a felony.
  • The NDAA constitutes another big fence being built around the people in which all due process will soon be gone. The NDAA will allow the administration the “legal” right to secretly remove any burgeoning leadership of citizen opposition forces.
  • There are three paramount numbers that every American should be paying attention to and they are (1) national deficit ($17 trillion dollars), (2) the unfunded liabilities debt ($238 trillion dollars), and (3) the derivatives/futures debt (one quadrillion dollars which is 16 times the entire wealth of the planet.
  • In short, this spells the potential enslavement of the American people.
  • For those of you who still have your blinders on, research the NDAA and EO 13603 and then when you realize that I am correct in my interpretation, ask yourself one question; If the powers that be were not going to seize every important asset, then why would the government give itself the power to do just that?
  • And while you are at it, remember the Clean Water Act gives the EPA to control all private property as well as the precious resources of all water. And then of course, the FDA and the conflicts with local farmers is escalating.
  • And if this is not enough to convince the sheep of this country that the storm clouds are overhead, then take a look at HR 347 which outlaws protesting and takes away the First Amendment. This unconstitutional legislation makes it illegal to criticize the President and the government, as a whole, in the presence of Federal officials.
  • The second provision which will allow this country to quickly transition to martial law is Executive Order (EO) 13603 which allows the President to take control over any resource, property and even human labor within the United States. This EO gives the President unlimited authority including the ability to initiate a civilian draft as well as a military draft.
  • I just saw the Hunger Games sequel, Catching Fire, and this is eerily similar to what I saw in the movies in that the people are being provoked to revolution.
  • in the TV show, Revolution, the most evil entity in the series is the re-emergence of the United States government and the heroes of the show are rebelling against the abuse.
  • It seems like everywhere we turn in the media, the people are being encouraged to rise up now and challenge authority. I am sure the establishment would rather confront a small group of dissidents and squelch the rebellion now, before the numbers can become significant and overwhelming to the establishment and this theme is being carried out in the media.
  • The final action will consist of gun confiscation and one side of the coming conflict is attempting to position themselves to do that in the near future and that would be the DHS, the Russians and the Chinese.
  • I cannot think of another legitimate reason which would describe why they are here.
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    While I'd be the first to agree that the degree of fiscal mismanagement of this nation's economy is beyond insane and have to admit that I see very little to admire in Barack Obama's presidency, the meme about Executive Order 13603 authorizing confiscation of any property and enslavement of the American public needs to be put to rest. See http://www.archives.gov/federal-register/executive-orders/2012.html#13603 E.O. 13603 is not much more than an updating of similar executive orders issued by prior presidents beginning with Dwight Eisenhower. In fact, in skimming it a few minutes ago, I didn't see anything drastically different from some of the prior related orders. E.g., it reflects that a bunch of agencies that were formerly either independent or under other departments are now under the newish Department of Homeland Security, whose Secretary now gets the authority formerly delegated to other department and agency heads. If blame must be cast, it belongs on the Congress that enacted the Defense Production Act of 1950, 50 U.S.C. 2061, et seq. The executive order does no more than obey that Act's instructions. For example there is a section authorizing pre-emption of manufacturing capacity of critical industries over any existing civilian contracts in the event of a national emergency, but that language is in the statute as well. But that power hasn't had much traction since Harry Truman tried to nationalize the steel industry to break a nationwide strike. The Supreme Court swatted down that effort as an abuse of a power that would be lawful in a true emergency, like another major. But even that semi-radical "survival" power is ameliorated by other provisions of the statute and the order that authorize loan guarantees for companies' construction and maintenance of critical productive capacity. Much of that has been implemented over the years as outright grants. So for example, many chemical manufacturing plants were built with Defense Production Act funds, with
Paul Merrell

Senate goes for 'nuclear option' - Burgess Everett and Seung Min Kim - POLITICO.com - 0 views

  • The Senate approved a historic rules change on Thursday by eliminating the use of the filibuster on all presidential nominees except those to the U.S. Supreme Court.Invoking the long-threatened “nuclear option” means that most of President Barack Obama’s judicial and executive branch nominees no longer need to clear a 60-vote threshold to reach the Senate floor and get an up-or-down vote.
  • Senate Majority Leader Harry Reid (D-Nev.) used the nuclear option Thursday morning, meaning he called for a vote to change the Senate rules by a simple majority vote. It passed, 52 to 48. Three Democrats voted against changing the rules — Sen. Carl Levin of Michigan, Joe Manchin of West Virginia and Mark Pryor of Arkansas. “It’s time to change the Senate before this institution becomes obsolete,” Reid said in a lengthy floor speech on Thursday morning. A furious Senate Minority Leader Mitch McConnell (R-Ky.), who tried to recess the Senate for the day before the rules change could get a vote, said after the minority’s power was limited by Democrats: “I don’t think this is a time to be talking about reprisal. I think it’s a time to be sad about what has been done to the United States Senate.”
  • The debate over the filibuster — and specifically its use on D.C. Circuit nominees — has been raging for nearly a decade, stretching back to when George W. Bush was president and Democrats were in the minority. But changing the Senate rules has always been avoided through a piecemeal deal, a gentleman’s agreement or a specific solution, not a historic change to the very fabric of the Senate.
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  • But since Obama’s nomination, the “nuclear option” has reared its head three times in less than a year — each time getting closer to the edge. Many in the Senate privately expected that this go-round would be yet another example of saber rattling, but Reid said pressure was increasing within his own party to change the rules. The blockade of three consecutive nominees to a powerful appellate court was too much for Democrats to handle — and Reid felt compelled to pull the trigger, explaining that “this is the way it has to be.”
  • Senate Democrats were quick to use their newfound powers, voting in the early afternoon to end the filibuster on Patricia Millett’s nomination to the D.C. Circuit Court of Appeals. The vote was 55-43, with two senators voting present. Before the change earlier Thursday, Millett would have needed 60 votes to clear the procedural hurdle and move on to a confirmation vote. But now, she needed just 51 to advance.
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    The Senate's filibuster rule, particularly since abandonment of the requirement that the filibustering Senator must keep talking so long as the filibuster continues, has seemed more and more an anachronism to me as I age. Its use to indefinitely block an up or down vote on a legislative measure -- in essence granting each Senator veto power over proposed measures seems fundamentally at odds with democratic principles to me. Certainly during my lifetime, the filibuster rule has been abused by both major parties, transforming a mere rule of procedure into an individual veto power nowhere set forth in the Constitution, in effect requiring a 60 per cent super-majority to pass a controversial measure. The Constitution is not silent on the subject of super-majorities in the Senate, specifying a super-majority to override a presidential veto and to remove a federal official from office by impeachment. Therefore, one might argue that the Founders knew how to write a super-majority requirement but did not see fit to require a supermajority to close debate and bring a measure to a vote. In other words, I favor abolishing the filibuster rule entirely and making "the nuclear option" standard procedure except where the Constitution establishes a super-majority requirement. To me it is not important that this limitation of the filibuster rule occurred when the Democrats had the majority in the Senate; whenever it were to happen, some party would be in the minority. And I do not believe that the People of this nation will be disadvantaged by up or down votes on Senate measures.  Now can we please get rid of the filibuster rule entirely?
Paul Merrell

Chomsky to RT: All superpowers feel exceptional, inflate security myth for 'frightened population' - RT Op-Edge - 0 views

  • The United States has always adopted the principle of American exceptionalism, this goes back to the early colonists, but it’s not a uniquely American position. Every great power, at least every one I know of, has taken the same position. So France was unique in its civilizing mission, which was announced proudly as the Minister of War was calling for the extermination of the people of Algeria. Russia under Stalin was uniquely exceptional and magnificent while it was carrying out all kinds of crimes. Hitler pronounced German exceptionalism when he took over Czechoslovakia, it was done to end ethnic cleansing and put people under the broader German high culture and German technology. In fact I can’t think of an exception. Every great power that I know of has claimed to be exceptional, the United States among them: exceptional in its right to use force and violence. RT: Doesn’t the US take it a step further with exceptionalism? NC: Only because the US is more powerful. If you go back a hundred years British and French exceptionalism was far more powerful. The US had the same doctrine but what really mattered for the world was the major imperial powers. And in Russia’s domains it was Russia that was exceptional. Try to find an exception. So the exceptionalism is kind of interesting in that it seems to be without exception. Everybody accepts it, and of course it’s ludicrous in each case.
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    The renowned libertarian socialist historian Noam Chomsky speaks to "American exceptionalism" ("of course it's ludicrous"). Claims of American exceptionalism fall particularly flat in my mind because the U.S. is "the melting pot of humanity." Descended from all breeds of immigrants, how could we be exceptional except in our diversity. But our diversity does not seem to be exceptional. Ask the Afro-American or Latino young man who has just been stopped by the police for driving while black or driving while Latino how they feel about America's respect for diversity. American exceptionalism is nothing but another propaganda theme used to justify unlawful activities. E.g., "we are the world's only superpower; therefore, we must act as the world's police force." But notice in that particular application of the theme, there are neither international law granting our military the power to invade other nations or international norms that make our unilateral invasions of other nations lawful under any circumstance other than responding defensively to another nation's military attack on our own nation. Of course there has been no such attack since the War of 1812 (at the outset of World War II, Hawaii was a mere possession, not a state).
Paul Merrell

High Court Rules UK's Surveillance Powers Violate Human Rights - 0 views

  • UK's High Court found the rushed Data Retention and Investigatory Powers Act (DRIPA) to be illegal under the European Convention on Human Rights and EU Charter of Fundamental Rights, both of which require respect for private and family life, as well as protection of personal data in the case of the latter. DRIPA was challenged by two members of Parliament (MPs), Labor's Tom Watson and the Conservative David Davis, who argued that the surveillance of communications wasn't limited to serious crimes, that individual notices for data collection were kept secret, and that no provision existed to protect those who need professional confidentiality, such as lawyers and journalists. DRIPA was pushed through in three days last year after the European Court of Justice ruled that the EU data retention Powers were disproportionate, which invalidated the previous data retention law in the UK. The UK High Court also ruled that sections 1 and 2 of DRIPA were unlawful based on the fact that they fail to provide precise policies to ensure that data is only accessed for the purpose of investigating serious crimes. Another major point against DRIPA was that it didn't require judicial approval, which could limit access to only the data that is strictly necessary for investigations.
  • DRIPA passed in only three days, but the Court allowed it to continue for another nine months, to give the UK government enough time to draft new legislation. Although this almost doubles the time in which this law will exist, it might be better in the long term, as it gives the members of Parliament enough time to debate its successor, without having to rush yet another law fearing that the government's surveillance powers will expire. This court ruling arrived at the right time, as the UK government is currently preparing the draft for the Investigative powers Bill (also called Snooper's Charter by many), which further expands the government's surveillance powers and may even request encryption backdoors. It also joins other recent reviews of the government's surveillance laws that called for much stricter oversight done by judges rather than the government's own members. "Campaigners, MPs across the political spectrum, the Government's own reviewer of terrorism legislation are all calling for judicial oversight and clearer safeguards," said James Welch, Legal Director for Liberty, a human rights organization.
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    The Dark State takes another hit.
Gary Edwards

Tomgram: Michael Klare, Superpower in Distress | TomDispatch - 0 views

  • In response, the Obama administration dispatched thousands of new advisers and trainers and began shipping in piles of new weaponry to re-equip the Iraqi army.  It also filled Iraqi skies with U.S. planes armed with their own munitions to destroy, among other things, some of that captured U.S. weaponry.  Then it set to work standing up a smaller version of the Iraqi army.  Now, skip nearly a year ahead and on a somewhat lesser scale the whole process has just happened again.  Less than two weeks ago, Islamic State militants took Ramadi, the capital of Anbar Province.  Iraqi army units, including the elite American-trained Golden Division, broke and fled, leaving behind -- you’ll undoubtedly be shocked to hear -- yet another huge cache of weaponry and equipment, including tanks, more than 100 Humvees and other vehicles, artillery, and so on. The Obama administration reacted in a thoroughly novel way: it immediately began shipping in new stocks of weaponry, starting with 1,000 antitank weapons, so that the reconstituted Iraqi military could take out future “massive suicide vehicle bombs” (some of which, assumedly, will be those captured vehicles from Ramadi).  Meanwhile, American planes began roaming the skies over that city, trying to destroy some of the equipment IS militants had captured.
  • Notice anything repetitive in all this -- other than another a bonanza for U.S. weapons makers?  Logically, it would prove less expensive for the Obama administration to simply arm the Islamic State directly before sending in the air strikes
  • In any case, what a microcosm of U.S. imperial hubris and folly in the twenty-first century all this training and equipping of the Iraqi military has proved to be.  Start with the post-invasion decision of the Bush administration to totally disband Saddam’s army and instantly eject hundreds of thousands of unemployed Sunni military men and a full officer corps into the chaos of the “new” Iraq and you have an instant formula for creating a Sunni resistance movement.  Then, add in a little extra “training” at Camp Bucca, a U.S. military prison in Iraq, for key unemployed officers, and -- Voilà! -- you’ve helped set up the petri dish in which the leadership of the Islamic State movement will grow.  Multiply such stunning tactical finesse many times over globally and, as TomDispatch regular Michael Klare makes clear today, you have what might be called the folly of the “sole superpower” writ large. Tom
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  • Delusionary Thinking in Washington The Desperate Plight of a Declining Superpower By Michael T. Klare
  • Take a look around the world and it’s hard not to conclude that the United States is a superpower in decline. Whether in Europe, Asia, or the Middle East, aspiring powers are flexing their muscles, ignoring Washington’s dictates, or actively combating them. Russia refuses to curtail its support for armed separatists in Ukraine; China refuses to abandon its base-building endeavors in the South China Sea; Saudi Arabia refuses to endorse the U.S.-brokered nuclear deal with Iran; the Islamic State movement (ISIS) refuses to capitulate in the face of U.S. airpower. What is a declining superpower supposed to do in the face of such defiance? This is no small matter. For decades, being a superpower has been the defining characteristic of American identity. The embrace of global supremacy began after World War II when the United States assumed responsibility for resisting Soviet expansionism around the world; it persisted through the Cold War era and only grew after the implosion of the Soviet Union, when the U.S. assumed sole responsibility for combating a whole new array of international threats. As General Colin Powell famously exclaimed in the final days of the Soviet era, “We have to put a shingle outside our door saying, ‘Superpower Lives Here,’ no matter what the Soviets do, even if they evacuate from Eastern Europe.”
  • The problem, as many mainstream observers now acknowledge, is that such a strategy aimed at perpetuating U.S. global supremacy at all costs was always destined to result in what Yale historian Paul Kennedy, in his classic book The Rise and Fall of the Great Powers, unforgettably termed “imperial overstretch.” As he presciently wrote in that 1987 study, it would arise from a situation in which “the sum total of the United States’ global interests and obligations is… far larger than the country’s Power to defend all of them simultaneously.”
  • The first of two approaches to this conundrum in Washington might be thought of as a high-wire circus act.  It involves the constant juggling of America’s capabilities and commitments, with its limited resources (largely of a military nature) being rushed relatively fruitlessly from one place to another in response to unfolding crises, even as attempts are made to avoid yet more and deeper entanglements. This, in practice, has been the strategy pursued by the current administration.  Call it the Obama Doctrine.
  • In other words, whoever enters the Oval Office in January 2017 will be expected to wield a far bigger stick on a significantly less stable planet. As a result, despite the last decade and a half of interventionary disasters, we’re likely to see an even more interventionist foreign policy with an even greater impulse to use military force.
  • The first step in any 12-step imperial-overstretch recovery program would involve accepting the fact that American power is limited and global rule an impossible fantasy.
  • Accepted as well would have to be this obvious reality: like it or not, the U.S. shares the planet with a coterie of other major powers -- none as strong as we are, but none so weak as to be intimidated by the threat of U.S. military intervention.
  • Having absorbed a more realistic assessment of American power, Washington would then have to focus on how exactly to cohabit with such powers -- Russia, China, and Iran among them -- and manage its differences with them without igniting yet more disastrous regional firestorms. 
  • fewer military entanglements abroad, a diminishing urge to garrison the planet, reduced military spending, greater reliance on allies, more funds to use at home in rebuilding the crumbling infrastructure of a divided society, and a diminished military footprint in the Middle East.
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    Thanks Marbux! "Think of this as a little imperial folly update -- and here's the backstory.  In the years after invading Iraq and disbanding Saddam Hussein's military, the U.S. sunk about $25 billion into "standing up" a new Iraqi army.  By June 2014, however, that army, filled with at least 50,000 "ghost soldiers," was only standing in the imaginations of its generals and perhaps Washington.  When relatively small numbers of Islamic State (IS) militants swept into northern Iraq, it collapsed, abandoning four cities -- including Mosul, the country's second largest -- and leaving behind enormous stores of U.S. weaponry, ranging from tanks and Humvees to artillery and rifles.  In essence, the U.S. was now standing up its future enemy in a style to which it was unaccustomed and, unlike the imploded Iraqi military, the forces of the Islamic State proved quite capable of using that weaponry without a foreign trainer or adviser in sight."
Paul Merrell

United States v. Curtiss-Wright Export Corp., 299 US 304 - Supreme Court 1936 - Google Scholar - 0 views

  • Not only, as we have shown, is the federal power over external affairs in origin and essential character different from that over internal affairs, but participation in the exercise of the power is significantly limited. In this vast external realm, with its important, complicated, delicate and manifold problems, the President alone has the power to speak or listen as a representative of the nation. He makes treaties with the advice and consent of the Senate; but he alone negotiates. Into the field of negotiation the Senate cannot intrude; and Congress itself is powerless to invade it. As Marshall said in his great argument of March 7, 1800, in the House of Representatives, "The President is the sole organ of the nation in its external relations, and its sole representative with foreign nations." Annals, 6th Cong., col. 613. The Senate Committee on Foreign Relations at a very early day in our history (February 15, 1816), reported to the Senate, among other things, as follows: "The President is the constitutional representative of the United States with regard to foreign nations. He manages our concerns with foreign nations and must necessarily be most competent to determine when, how, and upon what subjects negotiation may be urged with the greatest prospect of success. For his conduct he is responsible to the Constitution. The committee consider this responsibility the surest pledge for the faithful discharge of his duty. They think the interference of the Senate in the direction of foreign negotiations calculated to diminish that responsibility and thereby to impair the best security for the national safety. The nature of transactions with foreign nations, moreover, requires caution and unity of design, and their success frequently depends on secrecy and dispatch." U.S. Senate, Reports, Committee on Foreign Relations, vol. 8, p. 24.
  • It is important to bear in mind that we are here dealing not alone with an authority vested in the President by an 320*320 exertion of legislative power, but with such an authority plus the very delicate, plenary and exclusive power of the President as the sole organ of the federal government in the field of international relations — a power which does not require as a basis for its exercise an act of Congress, but which, of course, like every other governmental power, must be exercised in subordination to the applicable provisions of the Constitution. It is quite apparent that if, in the maintenance of our international relations, embarrassment — perhaps serious embarrassment — is to be avoided and success for our aims achieved, congressional legislation which is to be made effective through negotiation and inquiry within the international field must often accord to the President a degree of discretion and freedom from statutory restriction which would not be admissible were domestic affairs alone involved.
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    It turns out there are legal problems with Speaker Boehner's invitation for Israeli Prime Minister Netanyahu to address a joint session of Congress in order to undermine the Administration's negotiations with Iran over its nuclear energy development. In addition to the quoted Supreme Court decision see 18 U.S. Code § 953,  http://www.law.cornell.edu/uscode/text/18/953 "Any citizen of the United States, wherever he may be, who, without authority of the United States, directly or indirectly commences or carries on any correspondence or intercourse with any foreign government or any officer or agent thereof, with intent to influence the measures or conduct of any foreign government or of any officer or agent thereof, in relation to any disputes or controversies with the United States, or to defeat the measures of the United States, shall be fined under this title or imprisoned not more than three years, or both." "This section shall not abridge the right of a citizen to apply, himself or his agent, to any foreign government or the agents thereof for redress of any injury which he may have sustained from such government or any of its agents or subjects."
Paul Merrell

What's Scarier: Terrorism, or Governments Blocking Websites in its Name? - The Intercept - 0 views

  • Forcibly taking down websites deemed to be supportive of terrorism, or criminalizing speech deemed to “advocate” terrorism, is a major trend in both Europe and the West generally. Last month in Brussels, the European Union’s counter-terrorism coordinator issued a memo proclaiming that “Europe is facing an unprecedented, diverse and serious terrorist threat,” and argued that increased state control over the Internet is crucial to combating it. The memo noted that “the EU and its Member States have developed several initiatives related to countering radicalisation and terrorism on the Internet,” yet argued that more must be done. It argued that the focus should be on “working with the main players in the Internet industry [a]s the best way to limit the circulation of terrorist material online.” It specifically hailed the tactics of the U.K. Counter-Terrorism Internet Referral Unit (CTIRU), which has succeeded in causing the removal of large amounts of material it deems “extremist”:
  • In addition to recommending the dissemination of “counter-narratives” by governments, the memo also urged EU member states to “examine the legal and technical possibilities to remove illegal content.” Exploiting terrorism fears to control speech has been a common practice in the West since 9/11, but it is becoming increasingly popular even in countries that have experienced exceedingly few attacks. A new extremist bill advocated by the right-wing Harper government in Canada (also supported by Liberal Party leader Justin Trudeau even as he recognizes its dangers) would create new crimes for “advocating terrorism”; specifically: “every person who, by communicating statements, knowingly advocates or promotes the commission of terrorism offences in general” would be a guilty and can be sent to prison for five years for each offense. In justifying the new proposal, the Canadian government admits that “under the current criminal law, it is [already] a crime to counsel or actively encourage others to commit a specific terrorism offence.” This new proposal is about criminalizing ideas and opinions. In the government’s words, it “prohibits the intentional advocacy or promotion of terrorism, knowing or reckless as to whether it would result in terrorism.”
  • If someone argues that continuous Western violence and interference in the Muslim world for decades justifies violence being returned to the West, or even advocates that governments arm various insurgents considered by some to be “terrorists,” such speech could easily be viewed as constituting a crime. To calm concerns, Canadian authorities point out that “the proposed new offence is similar to one recently enacted by Australia, that prohibits advocating a terrorist act or the commission of a terrorism offence-all while being reckless as to whether another person will engage in this kind of activity.” Indeed, Australia enacted a new law late last year that indisputably targets political speech and ideas, as well as criminalizing journalism considered threatening by the government. Punishing people for their speech deemed extremist or dangerous has been a vibrant practice in both the U.K. and U.S. for some time now, as I detailed (coincidentally) just a couple days before free speech marches broke out in the West after the Charlie Hebdo attacks. Those criminalization-of-speech attacks overwhelmingly target Muslims, and have resulted in the punishment of such classic free speech activities as posting anti-war commentary on Facebook, tweeting links to “extremist” videos, translating and posting “radicalizing” videos to the Internet, writing scholarly articles in defense of Palestinian groups and expressing harsh criticism of Israel, and even including a Hezbollah channel in a cable package.
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  • Beyond the technical issues, trying to legislate ideas out of existence is a fool’s game: those sufficiently determined will always find ways to make themselves heard. Indeed, as U.S. pop star Barbra Streisand famously learned, attempts to suppress ideas usually result in the greatest publicity possible for their advocates and/or elevate them by turning fringe ideas into martyrs for free speech (I have zero doubt that all five of the targeted sites enjoyed among their highest traffic dates ever today as a result of the French targeting). But the comical futility of these efforts is exceeded by their profound dangers. Who wants governments to be able to unilaterally block websites? Isn’t the exercise of this website-blocking power what has long been cited as reasons we should regard the Bad Countries — such as China and Iran — as tyrannies (which also usually cite “counterterrorism” to justify their censorship efforts)?
  • s those and countless other examples prove, the concepts of “extremism” and “radicalizing” (like “terrorism” itself) are incredibly vague and elastic, and in the hands of those who wield power, almost always expand far beyond what you think it should mean (plotting to blow up innocent people) to mean: anyone who disseminates ideas that are threatening to the exercise of our power. That’s why powers justified in the name of combating “radicalism” or “extremism” are invariably — not often or usually, but invariably — applied to activists, dissidents, protesters and those who challenge prevailing orthodoxies and power centers. My arguments for distrusting governments to exercise powers of censorship are set forth here (in the context of a prior attempt by a different French minister to control the content of Twitter). In sum, far more damage has been inflicted historically by efforts to censor and criminalize political ideas than by the kind of “terrorism” these governments are invoking to justify these censorship powers. And whatever else may be true, few things are more inimical to, or threatening of, Internet freedom than allowing functionaries inside governments to unilaterally block websites from functioning on the ground that the ideas those sites advocate are objectionable or “dangerous.” That’s every bit as true when the censors are in Paris, London, and Ottawa, and Washington as when they are in Tehran, Moscow or Beijing.
Paul Merrell

Netanyahu vows to scuttle world powers' Iran deal | The Times of Israel - 0 views

  • A Channel 10 news report Saturday indicated that some 60 Democratic legislators were expected to stay away from the address.
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    The Democratic boycott of Netanyahu's speech is gaining strength. Republicans need to get on board too. 
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    The Democratic boycott of Netanyahu's speech is gaining strength. Republicans need to get on board too. 
Paul Merrell

Washington Misses Bigger Picture of New Chinese Bank « LobeLog - 0 views

  • Bibi Netanyahu’s election, persistent violence through much of the Middle East and North Africa, and intensified efforts to forge a nuclear deal between the P5+1 and Iran topped the news here in Washington this week. But a much bigger story in terms of the future order of global politics was taking place in Europe and Beijing. The story was simply this: virtually all of the closest European allies of the United States, beginning with Britain, defied pressure from Washington by deciding to apply for founding membership in the Asian Infrastructure Investment Bank (AIIB). This Chinese initiative could quickly rival the World Bank and the Asia Development Bank as a major source of funding for big development projects across Eurasia. The new bank, which offers a serious multilateral alternative to the Western-dominated international financial institutions (IFIs) established in the post-World War II order, is expected to attract about three dozen initial members, including all of China’s Asian neighbors (with the possible exception of Japan). Australia, Russia, Saudi Arabia, and other Gulf states are also likely to join by the March 31 deadline set by Beijing for prospective co-founders to apply. Its $50 billion in initial capital is expected to double with the addition of new members, and that amount could quickly grow given China’s $3 trillion in foreign-exchange reserves. More details about the bank can be found in a helpful Q&A here at the Council on Foreign Relations website.
  • Along with the so-called BRICS bank—whose membership so far is limited to Brazil, Russia, India, China and South Africa—the AIIB poses a real “challenge to the existing global economic order,” which, of course, Western nations have dominated since the establishment of the International Monetary Fund (IMF) and the World Bank in the final days of World War II. As one unnamed European official told The New York Times, “We have moved from the world of 1945.” That Washington’s closest Western allies are now racing to join the AIIB over U.S. objections offers yet more evidence that the “unipolar moment” celebrated by neoconservatives and aggressive nationalists 25 years ago and then reaffirmed by the same forces after the 2003 Iraq invasion is well and truly. And yet, these same neoconservatives continue to insist that—but for Obama’s weakness and defeatism—the United States remains so powerful that it really doesn’t have to take account of anyone’s interests outside its borders except, maybe, Israel’s. (That Washington’s closest Western allies are now racing to join the new bank over U.S. objections could also presage a greater willingness to abandon the international sanctions regime against Iran if Washington is seen as responsible for the collapse of the P5+1 nuclear negotiations with Tehran. Granted, Iran’s economy—and its potential as a source of investment capital—is itsy-bitsy compared to China.)
  • Indeed, commentators are depicting US allies’ decision to join the AIIB (see here, here, and here as examples) as a debacle for U.S. diplomacy. The Wall Street Journal editorial board has predictably blamed Obama for defeat, calling it a “case study in declining American influence” (although it also defended Washington’s decision against joining and accused Britain of “appeasing China for commercial purposes.”) What the Journal predictably didn’t mention was a key reason why the administration did not seek membership in the new bank: there was virtually no chance that a Republican-dominated Congress would approve it. Indeed, one reason Beijing launched its initiative and so many of our allies in both Asia and Europe have decided to join is their frustration with Republicans in Congress who have refused to ratify a major reform package designed to give developing countries, including China, a little more voting power on the Western-dominated governing boards of the IMF and the World Bank. The Group of 20 (G20) biggest economic powers actually proposed this reform in 2010, and it doesn’t even reduce Washington’s voting power, which gives it an effective veto over major policy changes in both institutions. As a result of this intransigence, the United States is the only G-20 member that has failed to ratify the reforms, effectively blocking their implementation.
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    U.S. global hegemony is rapidly disintegrating as former puppet states in Europe jump from the dwindling dollar economy to the rising remnimbi/ruble BRICS economies. And many of the "stans" south of Russia threatened by U.S. mercenaries provided by the Gulf Coast States are jumping in that direction too, along with Turkey, a NATO member. The Stans involved are oil and natural gas rich; combined with Russian oil and gas, they have enough oil and gas reserves to rival the Gulf Coast States.  The most interesting part to me is the debate now under way in the EU over dropping out of NATO and creating a replacement European mutual defense force that excludes the U.S. I'm beginning to hit some chatter about inviting Russia into that hypoethesized treaty. That makes sense for the EU because it would give Europe the benefit of Russian nuclear deterrence, both in land and submarine-based ICBMs. I'm not convinced that Russia would sign on. Russia is already running joint military exercises with China, which is playing the role of Russia's economic savior at this point. So China might have the final say on that scenario. A pan-Eurasian mutual defense treaty? What would be left of the U.S. Empire without NATO, particularly given that the dollar would surely collapse before such a treaty were signed? The War Party in Congress has only one tool to work with, war, and when all you have is a hammer, all problems look like nails. Current U.S. military power is built around the capacity to wage two major wars concurrently, but is very heavily dependent on NATO to do so. I'm not sure at all that the War Party has what it takes to cope with a peaceful group boycott by other NATO members. 
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