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Paul Merrell

Fanatic Israeli Settlers attack Cars of US Diplomats | nsnbc international - 0 views

  • A number of extremist Israeli settlers hurled stones at cars of an American diplomatic delegation who drove along with Israeli police vehicles to an area near the central West Bank city of Ramallah on Friday. The delegation was on its way to inspect vandalism by Israeli settlers that had targeted hundreds of Palestinian olive trees.
  • The police confirmed that the attackers are from the illegal settlements, and that an investigation is underway; no arrests were made. According to Reuters, an Israeli settler told its correspondent that the US delegates, in two cars, came within some 50 yards from the settlement, accompanied by Palestinian civilians, and alleged that a member of the delegation also withdrew his weapon. The settler told the reporter that he and other settlers then began attacking the delegation. But the Israeli police challenged that account, saying that no one from the U.S. delegation had drawn a weapon, and the consular representatives were attacked by the settlers without provocation. The settlement in question, Adi-Ad, is known as a site of frequent attacks by Israeli settlers against Palestinian civilians. It was established by armed Israeli militias on stolen Palestinian land, and is now home to 40 Israeli families, who live under the protection of armed Israeli soldiers and militias, and frequently invade the surrounding Palestinian villages to attack the unarmed Palestinian civilians who live there.
Paul Merrell

Bad lieutenant: American police brutality, exported from Chicago to Guantánamo | US news | The Guardian - 0 views

  • When the Chicago detective Richard Zuley arrived at Guantánamo Bay late in 2002, US military commanders touted him as the hero they had been looking for. Here was a Navy reserve lieutenant who had spent the last 25 years as a distinguished detective on the mean streets of Chicago, closing case after case – often due to his knack for getting confessions. But while Zuley’s brutal interrogation techniques – prolonged shackling, family threats, demands on suspects to implicate themselves and others – would get supercharged at Guantánamo for the war on terrorism, a Guardian investigation has uncovered that Zuley used similar tactics for years, behind closed police-station doors, on Chicago’s poor and non-white citizens. Multiple people in prison in Illinois insist they have been wrongly convicted on the basis of coerced confessions extracted by Zuley and his colleagues.
Paul Merrell

Secret Law Isn't the Public's Fault | Just Security - 0 views

  • Officials in this administration have a funny way of blaming the victim. Did the CIA spy on Senate intelligence committee staffers who were investigating the agency’s torture program? No. OK, yes, you caught us — but the staffers were poking their nose into the CIA’s business. Are communities in some cities suffering from an uptick in crime rates? That must be because they were critical of police practices, and so the police are afraid to do their job. Are American Muslims disproportionately singled out for law enforcement scrutiny? It wouldn’t be necessary if they did a better job of identifying and rooting out the terrorists in their midst. Did a drone strike kill a 16-year-old boy who wasn’t on any target list but happened to be the son of alleged al-Qaeda operative Anwar al-Aulaqi? I guess he “should have had a more responsible father,” as then-White House press secretary Robert Gibbs helpfully explained. At the annual conference of the American Bar Association’s Standing Committee on National Security Law, officials were at it again. Both the CIA’s General Counsel, Caroline Krass, and the acting head of the Justice Department’s Office of Legal Counsel (OLC), Karl Thompson, observed that agencies are issuing fewer requests for formal OLC opinions and are seeking “informal,” unwritten advice from OLC instead. This trend undermines the public’s ability to obtain OLC opinions through FOIA requests. And, according to Krass, we have no one to blame but ourselves:
  • I do think one reason is a focus the office has gotten [in] the past 10 years or so in the public which has now led to Freedom of Information Act requests pretty much anytime the administration adopts a position in the context of domestic law or national security that could be [or] seems a little bit edgy or slightly controversial, immediately the request for the OLC opinion comes. What were we thinking? Well, we might have had in mind OLC officials’ own acknowledgment that their opinions constitute the working law of the executive branch, and are binding on agencies in the same manner that a court’s decision would be. When the public expresses interest in a controversial court opinion, that isn’t cited as a reason to move the judicial system into the shadows. To the contrary, it’s well-understood that the public has a right to know how judges are interpreting the law. That’s true regardless of whether the law deals with the rights and obligations of private parties or (as is usually the case with OLC opinions) the authorities of the government.  It’s high time we stop pretending that OLC opinions are merely attorneys’ advice, and thereby entitled to confidentiality. A private person is free to accept or reject her attorney’s advice. By contrast, as Thompson recognized, OLC opinions — even informal, unwritten ones — are “binding by custom and practice . … People are supposed to and do follow [them].” Moreover, in ordinary circumstances, it is no defense to criminal charges that the defendant’s lawyer gave bad advice. OLC opinions, on the other hand, confer effective immunity, as the Justice Department will not prosecute any official who acted in reliance on OLC’s conclusions.
  • The government nonetheless argues, and many courts have agreed, that OLC opinions are exempt from disclosure under FOIA because they are “deliberative” and “pre-decisional.” This assessment conflates two distinct decisions: the decision of an agency whether to adopt a course of conduct, and OLC’s decision regarding how to interpret the law. The latter decision may be one factor — along with other, non-legal factors, such as political viability, financial cost, and the existence of competing priorities — in the agency’s “deliberations” on the former. The agency ultimately must decide whether to move forward with a policy. But on the question of how the law should be interpreted, it is OLC, not the agency, which has the final word. If the agency were to issue a different legal interpretation, there is no question that OLC’s would take precedence, and the agency would be courting legal jeopardy by adopting a course of action in tension with OLC’s reading of the law. Perhaps the solution is simply to require the government to abide by its own characterization. If OLC opinions are to be given the status of deliberative documents and/or legal advice, so be it; but in that case, they cannot be binding on any agency or official, nor can they mitigate any official’s criminal or civil liability (unless they genuinely negate a required state of mind). If, on the other hand, the government wishes to treat OLC opinions as authoritative and a shield against prosecution or civil suit, then they must be called what they are — law — and made available to the public. Until that happens, the public will remain a victim of secret law, and there will be no one but the administration to blame.
Paul Merrell

What the Third Circuit Said in Hassan v. City of New York | Just Security - 0 views

  • In Hassan v. City of New York, the Third Circuit yesterday emphatically overturned a New Jersey district court, which had dismissed a challenge to the New York City Police Department’s Muslim surveillance program. The decision is important not only for the New Jersey plaintiffs who brought the case, but also for its analysis of several legal issues that have dogged efforts to obtain judicial review of surveillance programs.
  • The threshold issue in Hassan was whether the plaintiffs had alleged injury sufficient to establish standing to bring claims that the NYPD’s surveillance of Muslim communities in New Jersey violated the equal protection clause of the Fourteenth Amendment as well as the free exercise and establishment clauses of the First Amendment. The Third Circuit ruled that the fundamental injury alleged by the plaintiffs — unequal treatment on the basis of religion — was sufficient to keep them in court. The court rejected as “too cramped,” the City’s contention that discrimination is only actionable when it results in deprivation of “a tangible benefit like college admission or Social Security.”
  • One of the most remarkable aspects of the lower court’s dismissal of Hassan was its acceptance of the City’s argument that any injury to the plaintiffs was not fairly traceable to the police. Rather, defendants argued, it was the fault of the Associated Press, which published a Pulitzer Prize-winning investigation of the NYPD’s surveillance of Muslim communities in New York and New Jersey. The court described this position — variants of which have been articulated in the wake of Snowden’s disclosures as well — as “What you don’t know can’t hurt you. And, if you do know, don’t shoot us. Shoot the messenger.” The Third Circuit wasn’t buying it. The primary injury alleged was discrimination, which was caused by the City, not than the press.
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  • Next up was the lower court’s dismissal of the case on the grounds that the plaintiffs had failed to state a claim. The plaintiffs had alleged that the NYPD’s surveillance program was facially discriminatory because it targeted Muslims. In response, the City had demanded information about “when, by whom, and how the policy was enacted and where it was written down.” But the court found the plaintiffs had met their burden, alleging specifics about the program “including when it was conceived (January 2002), where the City implemented it (in the New York Metropolitan area with a focus on New Jersey), and why it has been employed because of the belief ‘that Muslim religious identity … is a permissible proxy for criminality.’” In other words, the plaintiffs had sufficiently alleged a facially discriminatory policy even when they couldn’t identify a piece of paper on which it was memorialized. For civil rights lawyers concerned that cases like Iqbal and Twombly are closing off avenues for civil rights litigation, the Third Circuit holding provides some comfort. A key issue in the case was the NYPD’s intent in monitoring Muslims. The City had successfully argued below that it “could not have monitored New Jersey for Muslim terrorist activities without monitoring the Muslim community itself.” Its motive, the City argued, was counterterrorism, not treating Muslims differently. The problem with this argument, the Third Circuit explained, was that the City was mixing up “intent” and “motive.” The intent inquiry focuses on whether a person acts intentionally rather than accidentally, while the motive inquiry focuses on why a person acts. “[E]ven if NYPD officers were subjectively motivated by a legitimate law enforcement purpose … they’ve intentionally discriminated if they wouldn’t have surveilled Plaintiffs had they not been Muslim,” the court concluded.
  • The court then turned to whether, assuming differential treatment, the NYPD program was nevertheless justified on security or public safety grounds. It began its inquiry by examining the appropriate standard of review, concluding that it was appropriate to apply heightened scrutiny to religion-based classifications under the equal protection clause rather than simply to examine whether the City had a rational basis for its actions. Even though religious affiliation, unlike race, is capable of being changed, the Third Circuit agreed with many of its sister courts that it was of such fundamental importance that people should not be required to change their faith.
  • New York City had argued that the surveillance program met the heightened scrutiny standard because it was necessary to meet the threat of terrorism. In support, the City put forward its oft-repeated argument that a “comprehensive understanding of the makeup of the community would help the NYPD figure out where to look — and where not to look — in the event it received information that an Islamist radicalized to violence may be secreting himself in New Jersey.” The court was not convinced that this was a sufficiently close fit with the goal, finding that the City failed to meet its burden of rebutting the presumption of unconstitutionality created by plausible allegation of discrimination. Harking back to the World War II internment of Japanese Americans
  • the Third Circuit cautioned: No matter how tempting it might be to do otherwise, we must apply the same rigorous standards even where national security is at stake. We have learned from experience that it is often where the asserted interest appears most compelling that we must be most vigilant in protecting constitutional rights … Given that “unconditional deference to [the] government[’s] … invocation of ‘emergency’ … has a lamentable place in our history,” the past should not preface yet again bending our constitutional principles merely because an interest in national security is invoked.
  • Lastly, the Third Circuit rejected as “threadbare” the City’s argument that plaintiffs First Amendment free exercise and establishment clause claims failed because they did not allege “overt hostility and prejudice.” As with the equal protection claims, it was not necessary for plaintiffs to demonstrate animus. *     *     * In conclusion, the court reminded us that the targeting of Muslims, which has been a leitmotif of US security policy, was not new. We have been down similar roads before. Jewish-Americans during the Red Scare, African Americans during the Civil Rights Movement, and Japanese-Americans during World War II are examples that readily spring to mind. We are left to wonder why we cannot see with foresight what we see so clearly with hindsight — that “[l]oyalty is a matter of the heart and mind[,] not race, creed, or color.”
Paul Merrell

Hawaii becomes first U.S. state to place gun owners on FBI database | Reuters - 0 views

  • Hawaii's governor signed a bill making it the first state to place its residents who own firearms in a federal criminal record database and monitor them for possible wrongdoing anywhere in the country, his office said.The move by gun control proponents in the liberal state represents an effort to institute some limits on firearms in the face of a bitter national debate over guns that this week saw Democratic lawmakers stage a sit-in at the U.S. House of Representatives.Hawaii Governor David Ige, a Democrat, on Thursday signed into law a bill to have police in the state enroll people into an FBI criminal monitoring service after they register their firearms as already required, his office said in a statement.The Federal Bureau of Investigation database called "Rap Back" will allow Hawaii police to be notified when a firearm owner from the state is arrested anywhere in the United States.Hawaii has become the first U.S. state to place firearm owners on the FBI's Rap Back, which until now was used to monitor criminal activities by individuals under investigation or people in positions of trust such as school teachers and daycare workers
  • The law could affect gun owners outside Hawaii, because the state requires visitors carrying guns to register, Hunter said. As a result, they could be added to "Rap Back" because they arrived in the state with a gun, she said. The Hawaii attorney general's office said a weapon-carrying visitor should be able to petition for removal from the national database after leaving the state.
  • Ige's office said he also signed into law two other firearms bills. One makes convictions for stalking and sexual assault among the criminal offenses disqualifying a person from gun ownership. The other requires firearm owners to surrender their weapons if diagnosed with a mental, behavioral or emotional disorder.
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    Goverrnment tracking of those who exercise a constitutional right? Scary stuff.
Paul Merrell

Kiev Snipers Shooting From Bldg Controlled By Maidan Forces - Ex-Ukraine Security Chief - 0 views

  • Former chief of Ukraine’s Security Service has confirmed allegations that snipers who killed dozens of people during the violent unrest in Kiev operated from a building controlled by the opposition on Maidan square.
  • Shots that killed both civilians and police officers were fired from the Philharmonic Hall building in Ukraine’s capital, former head of the Security Service of Ukraine Aleksandr Yakimenko told Russia 1 channel. The building was under full control of the opposition and particularly the so-called Commandant of Maidan self-defense Andrey Parubiy who after the coup was appointed as the Secretary of the National Security and Defense Council of Ukraine, Yakimenko added.
  • “When the first wave of shootings ended, many have witnessed 20 people leaving the building,” former chief says, noting that they were well-equipped and were carrying military style bag for carrying sniper and assault rifles with optical sights. Not only the law enforcers, but people from the opposition’s Freedom, Right Sector, Fatherland, and Klitschko’s UDAR party have also seen this, Yakimenko claims. The former security head also said that according to the intelligence those snipers could be foreigners, including mercenaries from former Yugoslavia as well former Special Forces employees from Ukraine’s Defense Ministry. Yakimenko claims that Parubiy was part of a group that was heavily influenced by the people associated with the US secret services. “These were the forces that carried out everything that they were told by their leadership – the United States,” Yakimenko explained, claiming that Maidan leaders practically lived in the US embassy.
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  • Aleksandr Yakimenko’s account supports previously voiced concerns over unknown snipers shooting both protesters and the police indiscriminately – who were the topic of the recently leaked phone conversation between EU’s Catherine Ashton and Estonian Foreign Minister Urmas Paet. In a leaked phone conversation that took place February 26 Ashton and Paet discussed rumors that snipers were hired by some of the opposition leaders. “There is now stronger and stronger understanding that behind the snipers, it was not Yanukovich, but it was somebody from the new coalition,” Paet said during the conversation. “I think we do want to investigate. I mean, I didn’t pick that up, that’s interesting. Gosh,” Ashton answered. Almost 100 people were killed and another 900 injured during the violent standoff near Maidan Square in Kiev last month that forced president Yanukovich out of the country and installed a new government. Ukrainian self-proclaimed authorities maintain that the shooting was authorized by Yanukovich. On Wednesday Moscow suggested setting up a probe to investigate the crimes perpetrated by extremist and armed elements of the opposition over the past three months. The proposal to the Parliamentary Assembly of the Council of Europe (PACE) also seeks to examine the legitimacy of the post-coup Ukrainian government.
Paul Merrell

NSA Whistleblower: Snowden Never Had Access to the "Juiciest" Intelligence Documents | Global Research - 0 views

  • NSA whistleblower Russel Tice was a key source in the 2005 New York Times report that blew the lid off the Bush administration’s use of warrantless wiretapping. Tice told PBS and other media that the NSA is spying on – and blackmailing – top government officials and military officers, including Supreme Court Justices, highly-ranked generals, Colin Powell and other State Department personnel, and many other top officials:
  • He says the NSA started spying on President Obama when he was a candidate for Senate:
  • Many of Tice’s allegations have been confirmed by other government whistleblowers. And see this. Washington’s Blog called Tice to find out more about what he saw when he was at NSA.
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  • NSA Has Hidden Its Most Radical Surveillance Operations … Even from People Like Snowden Who Had General “Code Word” Clearance WASHINGTON’S BLOG: Glenn Greenwald – supposedly, in the next couple of days or weeks – is going to disclose, based on NSA documents leaked by Snowden, that the NSA is spying on all sorts of normal Americans … and that the spying is really to crush dissent.  [Background here, here and here.] Does Snowden even have documents which contain the information which you’ve seen? RUSSELL TICE:  The answer is no. WASHINGTON’S BLOG: So you saw handwritten notes. And what Snowden was seeing were electronic files …?
  • RUSSELL TICE: Think of it this way.  Remember I told you about the NSA doing everything they could to make sure that the information from 40 years ago – from spying on Frank Church and Lord knows how many other Congressman that they were spying on – was hidden? Now do you think they’re going to put that information into Powerpoint slides that are easy to explain to everybody what they’re doing? They would not even put their own NSA designators on the reports [so that no one would know that] it came from the NSA.  They made the reports look like they were Humint (human intelligence) reports.  They did it to hide the fact that they were NSA and they were doing the collection. That’s 40 years ago.  [The NSA and other agencies are still doing "parallel construction", "laundering" information to hide the fact that the information is actually from mass NSA surveillance.] Now, what NSA is doing right now is that they’re taking the information and they’re putting it in a much higher security level.  It’s called “ECI” - Exceptionally Controlled Information  – and it’s called the black program … which I was a specialist in, by the way. I specialized in black world – DOD and IC (Intelligence Community) – programs, operations and missions … in “VRKs”, “ECIs”, and “SAPs”, “STOs”. SAP equals Special Access Program. It’s highly unlikely Mr. Snowden had any access to these. STO equals Special Technical Operations  It’s highly unlikely Mr. Snowden had any access to these.
  • Now in that world – the ECI/VRK world – everything in that system is classified at a higher level and it has its own computer systems that house it.  It’s totally separate than the system which Mr. Snowden was privy to, which was called the “JWICS”: Joint Worldwide Intelligence Communications System.  The JWICS system is what everybody at NSA has access to.  Mr Snowden had Sys Admin [systems administrator] authority for the JWICS. And you still have to have TS/SCI clearance [i.e. Top Secret/ Sensitive Compartmented Information - also known as “code word” - clearance] to get on the JWICS. But the ECI/VRK systems are much higher [levels of special compartmentalized clearance] than the JWICS. And you have to be in the black world to get that [clearance]. ECI = Exceptionally Controlled Information. I do not believe Mr. Snowden had any access to these ECI controlled networks). VRK = Very Restricted Knowledge. I do not believe Mr. Snowden had any access to these VRK controlled networks. These programs typically have, at the least, a requirement of 100 year or until death, ’till the person first being “read in” [i.e. sworn to secrecy as part of access to the higher classification program] can talk about them.  [As an interesting sidenote, the Washington Times reported in 2006 that – when Tice offered to testify to Congress about this illegal spying – he was informed by the NSA that the Senate and House intelligence committees were not cleared to hear such information.]
  • It’s very compartmentalized and – even with stuff that they had – you might have something at NSA, that there’s literally 40 people at NSA that know that it’s going on in the entire agency. When the stuff came out in the New York Times [the first big spying story, which broke in 2005] – and I was a source of information for the New York Times –   that’s when President Bush made up that nonsense about the “terrorist surveillance program.” By the way, that never existed. That was made up. There was no such thing beforehand. It was made up … to try to placate the American people. The NSA IG (Inspector General) – who was not cleared for this – all of a sudden is told he has to do an investigation on this; something he has no information or knowledge of. So what they did, is they took a few documents and they downgraded [he classification level of the documents] – just a few – and gave them to them to placate this basic whitewash investigation.
  • Snowden’s Failure To Understand the Most Important Documents RUSSELL TICE: Now, if Mr. Snowden were to find the crossover, it would be those documents that were downgraded to the NSA’s IG. The stuff that I saw looked like a bunch of alphanumeric gobbledygook.  Unless you have an analyst to know what to look for – and believe me, I think that what Snowden’s done is great – he’s not an intelligence analyst.  So he would see something like that, and he wouldn’t know what he’s looking at. But that would be “the jewels”. And the key is, you wouldn’t know it’s the jewels unless you were a diamond miner and you knew what to look for. Because otherwise, there’s a big lump of rock and you don’t know there’s a diamond in there. I worked special programs. And the way I found out is that I was working on a special operation, and I needed information from NSA … from another unit. And when I went to that unit and I said “I need this information”, and I dealt with [satellite spy operations], and I did that in the black world. I was a special operations officer. I would literally go do special missions that were in the black world where I would travel overseas and do spooky stuff.
  • Cheney Was Running the Show WASHINGTON’S BLOG: You said in one of your interviews that Dick Cheney ordered the intercepts that you found in the burn bags [the bags of documents which were slated to be destroyed because they were so sensitive]. Is that right … and if so, how do you know that? RUSSELL TICE: I did not know one way or the other until I talked to a very senior person at NSA who – much later – wanted to have a meeting with me. And we had a covert, clandestine style meeting. And that’s when this individual told me that the whole thing was being directed and was coming from the vice president’s office … Cheney, through his lawyer David Addington. WASHINGTON’S BLOG:  It sounds like it wasn’t going through normal routes?  It’s not like Cheney or Addington made formal requests to the NSA … through normal means? RUSSELL TICE: No, not normal at all. All on the sly … all “sneaky pete” under the table, in the evening when most NSA employees are gone for the day. This is all being done in the evenings … between like 7 [at night] and midnight.
  • NSA Is Spying On CONTENT as Well as Metadata WASHINGTON’S BLOG: And from what you and others have said, it’s content as well as metadata? RUSSELL TICE: Of course it is. Of course. [Background. But see this.] NSA Spying On Journalists, Congress, Admirals, Lawyers … RUSSELL TICE: In 2009, I told [reporters] that they were going after journalists and news organizations and reporters and such. I never read text of Congressman’s conversations. What I had was information – sometimes hand-written – of phone numbers of Congressmen, their wives, their children, their staffers, their home numbers, their cellphone numbers, their phone numbers of their residence back in Oregon or whatever state they’re from, and their little offices back in their state. Or an Admiral and his wife, and his kids and his staffers …
  • The main thing I saw more than anything else were lawyers and law firms. I saw more lawyers or law firms being wiretapped than anything else. These are the phone numbers I saw written. And then I would see those numbers incorporated into those lists with the columns of information about the phone number, and the serial number and the banks of recorders and digital converters and the data storage devices. I could see handwritten phone numbers and notes, sometimes with names, sometimes not.
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    Whistleblower Russell Tice says that there are super-classified domestic surveillance records that Edward Snowden, Congressional oversight committees, and the NSA Inspector-General did not have access to. Must-read.
Gary Edwards

Fed Held Back as Evidence Mounted on Subprime Loan Abuses - washingtonpost.com - 0 views

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    In depth story about the Federal Reserve failure to act as an unregulated subprime mortgage industry raced out of control, and major banking and financial institutions bought into the wild wild west of high interest rate - predatory lending. excerpt:  during the years of the housing boom, pleas from consumer advocate groups failed to move the Fed, the sole federal regulator with authority over subprime mortgage businesses. Under a policy quietly formalized in 1998, the Fed refused to police lenders' compliance with federal laws protecting borrowers, despite repeated urging by consumer advocates across the country and even by other government agencies. The hands-off policy, which the Fed reversed earlier this month, created a double standard. Banks and their subprime affiliates made loans under the same laws, but only the banks faced regular federal scrutiny. Under the policy, the Fed did not even investigate consumer complaints against the affiliates.
Gary Edwards

Tomgram: Anand Gopal, How to Create an Afghan Blackwater | TomDispatch - 0 views

  • The Real Afghan War How an American Fantasy Conflict Created Disaster in Afghanistan By Anand Gopal [This essay is taken from chapter five of Anand Gopal’s No Good Men Among the Living: America, the Taliban, and the War Through Afghan Eyes and appears at TomDispatch.com with the kind permission of Metropolitan Books.]
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    "The other day, as I was reading through the New York Times, I came upon this headline: "Powerful Afghan Police Chief Killed in Kabul." His name was Matiullah Khan.  He had once been "an illiterate highway patrol commander" in an obscure southern province of Afghanistan and was taken out in a "targeted suicide bombing" on the streets of the capital -- and I realized that I knew him!  Since I've never been within a few thousand miles of Kabul, I certainly didn't know him in the normal sense. I had, you might say, edited Matiullah Khan. He was one of a crop of new warlords who rose to wealth and power by hitching their ambitions to the American war and the U.S. military personnel sent to their country to fight it.  Khan, in particular, made staggering sums by essentially setting up an "Afghan Blackwater," a hire-a-gun -- in fact, so many guns -- protection agency for American convoys delivering supplies to far-flung U.S. bases and outposts in southern Afghanistan. He became the protector and benefactor of a remarkable Afghan woman who is a key character in Anand Gopal's No Good Men Among the Living: America, the Taliban, and the War Through Afghan Eyes, which I edited and published in the American Empire Project series I co-run for Metropolitan Books. I don't think it's an exaggeration to say that Gopal covered the Afghan War for years in a way no other Western journalist did. He spent time with crucial allies of Afghan President Hamid Karzai and with a Taliban commander, with warlords and American Special Ops guys, politicians and housewives. He traveled rural Afghanistan as few American reporters were capable of doing.  In the process, he made a discovery that was startling indeed and has yet to really sink in here. In a nutshell, in 2001, the invading Americans put al-Qaeda to flight and crushed the Taliban.  From most of its top leadership to its foot soldiers, the Talibs were almost uniformly prepared, even eager, to put down thei
Paul Merrell

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

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

Exclusive: How FBI Informant Sabu Helped Anonymous Hack Brazil | Motherboard - 0 views

  • In early 2012, members of the hacking collective Anonymous carried out a series of cyber attacks on government and corporate websites in Brazil. They did so under the direction of a hacker who, unbeknownst to them, was wearing another hat: helping the Federal Bureau of Investigation carry out one of its biggest cybercrime investigations to date. A year after leaked files exposed the National Security Agency's efforts to spy on citizens and companies in Brazil, previously unpublished chat logs obtained by Motherboard reveal that while under the FBI's supervision, Hector Xavier Monsegur, widely known by his online persona, "Sabu," facilitated attacks that affected Brazilian websites. The operation raises questions about how the FBI uses global internet vulnerabilities during cybercrime investigations, how it works with informants, and how it shares information with other police and intelligence agencies. 
  • After his arrest in mid-2011, Monsegur continued to organize cyber attacks while working for the FBI. According to documents and interviews, Monsegur passed targets and exploits to hackers to disrupt government and corporate servers in Brazil and several other countries. Details about his work as a federal informant have been kept mostly secret, aired only in closed-door hearings and in redacted documents that include chat logs between Monsegur and other hackers. The chat logs remain under seal due to a protective order upheld in court, but in April, they and other court documents were obtained by journalists at Motherboard and the Daily Dot. 
Paul Merrell

Ray McGovern Triumphs over State Department | The Dissenter - 0 views

  • If you don’t know Ray McGovern yet, you probably should. You see, Ray just beat down, in court, Hillary Clinton, the State Department, and a small part of Post-Constitutional America.
  • Ray McGovern was put on the State Department’s Diplomatic Security BOLO list– Be On the Look Out– one of a series of proliferating government watch lists. What McGovern did to end up on Diplomatic Security’s dangerous persons list and how he got off the list are a tale of our era, Post-Constitutional America.
  • Ray’s offense was to turn his back on Hillary Clinton, literally. In 2011, at George Washington University during a public event where Clinton was speaking, McGovern stood up and turned his back to the stage. He did not say a word, or otherwise disrupt anything. University cops grabbed McGovern in a headlock and by his arms and dragged him out of the auditorium by force, their actions directed from the side by a man whose name is redacted from public records. Photos of the then-71 year old McGovern taken at the time of his arrest show the multiple bruises and contusions he suffered while being arrested. He was secured to a metal chair with two sets of handcuffs. McGovern was at first refused medical care for the bleeding caused by the handcuffs. It is easy to invoke the words thug, bully, goon. The charges of disorderly conduct were dropped, McGovern was released and it was determined that he committed no crime. But because he had spoken back to power, State’s Diplomatic Security printed up an actual wanted poster citing McGovern’s “considerable amount of political activism” and “significant notoriety in the national media.” Diplomatic Security warned agents should USE CAUTION (their emphasis) when stopping McGovern and conducting the required “field interview.” The poster itself was classified as Sensitive but Unclassified (SBU), one of the multitude of pseudo-secret categories created following 9/11.
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  • Subjects of BOLO alerts are considered potential threats to the Secretary of State. Their whereabouts are typically tracked to see if they will be in proximity of the Secretary. If Diplomatic Security sees one of the subjects nearby, they detain and question them. Other government agencies and local police are always notified. The alert is a standing directive that the subject be stopped and seized in the absence of reasonable suspicion or probable cause that he is committing an offense. Stop him for being him. These directives slash across the Fourth Amendment’s prohibitions against unwarranted search and seizure, as well as the First Amendment’s right to free speech, as the stops typically occur around protests.
  • Ray McGovern is not the kind of guy to be stopped and frisked based on State Department retaliation for exercising his First Amendment rights in Post-Constitution America. He sued, and won. The Partnership for Civil Justice Fund took up the case pro bono on Ray’s behalf, suing the State Department. They first had to file a Freedom of Information Act demand to even get ahold of the internal State Department justifications for the BOLO, learning that despite all charges having been dropped against McGovern and despite having determined that he engaged in no criminal activity, the Department of State went on to open an investigation into McGovern, including his political beliefs, activities, statements and associations. The investigative report noted “McGovern does seem to have the capacity to capture a national audience – it is possible his former career with the CIA has the potential to make him ‘attractive’ to the media.” It also cited McGovern’s “political activism, primarily anti-war.” The investigation ran nearly seven months, and resulted in the BOLO.
  • With the documents that so clearly crossed the First Amendment now in hand, the Partnership for Civil Justice Fund went to court. They sought, and won, an injunction against the State Department to stop the Be On the Look-Out alert against McGovern, and to force State to pro-actively advise other law enforcement agencies that it no longer stands. McGovern’s constitutional rights lawsuit against George Washington University, where his arrest during the Clinton speech took place, and the officers who assaulted and arrested him, is ongoing.
Paul Merrell

Data Pirates of the Caribbean: The NSA Is Recording Every Cell Phone Call in the Bahamas - The Intercept - 0 views

  • The National Security Agency is secretly intercepting, recording, and archiving the audio of virtually every cell phone conversation on the island nation of the Bahamas. According to documents provided by NSA whistleblower Edward Snowden, the surveillance is part of a top-secret system – code-named SOMALGET – that was implemented without the knowledge or consent of the Bahamian government. Instead, the agency appears to have used access legally obtained in cooperation with the U.S. Drug Enforcement Administration to open a backdoor to the country’s cellular telephone network, enabling it to covertly record and store the “full-take audio” of every mobile call made to, from and within the Bahamas – and to replay those calls for up to a month. SOMALGET is part of a broader NSA program called MYSTIC, which The Intercept has learned is being used to secretly monitor the telecommunications systems of the Bahamas and several other countries, including Mexico, the Philippines, and Kenya. But while MYSTIC scrapes mobile networks for so-called “metadata” – information that reveals the time, source, and destination of calls – SOMALGET is a cutting-edge tool that enables the NSA to vacuum up and store the actual content of every conversation in an entire country.
  • All told, the NSA is using MYSTIC to gather personal data on mobile calls placed in countries with a combined population of more than 250 million people. And according to classified documents, the agency is seeking funding to export the sweeping surveillance capability elsewhere. The program raises profound questions about the nature and extent of American surveillance abroad. The U.S. intelligence community routinely justifies its massive spying efforts by citing the threats to national security posed by global terrorism and unpredictable rival nations like Russia and Iran. But the NSA documents indicate that SOMALGET has been deployed in the Bahamas to locate “international narcotics traffickers and special-interest alien smugglers” – traditional law-enforcement concerns, but a far cry from derailing terror plots or intercepting weapons of mass destruction.
  • By targeting the Bahamas’ entire mobile network, the NSA is intentionally collecting and retaining intelligence on millions of people who have not been accused of any crime or terrorist activity. Nearly five million Americans visit the country each year, and many prominent U.S. citizens keep homes there, including Sen. Tom Harkin (D-Iowa), Bill Gates, and Oprah Winfrey.
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  • The Intercept has confirmed that as of 2013, the NSA was actively using MYSTIC to gather cell-phone metadata in five countries, and was intercepting voice data in two of them. Documents show that the NSA has been generating intelligence reports from MYSTIC surveillance in the Bahamas, Mexico, Kenya, the Philippines, and one other country, which The Intercept is not naming in response to specific, credible concerns that doing so could lead to increased violence. The more expansive full-take recording capability has been deployed in both the Bahamas and the unnamed country. MYSTIC was established in 2009 by the NSA’s Special Source Operations division, which works with corporate partners to conduct surveillance. Documents in the Snowden archive describe it as a “program for embedded collection systems overtly installed on target networks, predominantly for the collection and processing of wireless/mobile communications networks.”
  • If an entire nation’s cell-phone calls were a menu of TV shows, MYSTIC would be a cable programming guide showing which channels offer which shows, and when. SOMALGET would be the DVR that automatically records every show on every channel and stores them for a month. MYSTIC provides the access; SOMALGET provides the massive amounts of storage needed to archive all those calls so that analysts can listen to them at will after the fact. According to one NSA document, SOMALGET is “deployed against entire networks” in the Bahamas and the second country, and processes “over 100 million call events per day.”
  • When U.S. drug agents need to tap a phone of a suspected drug kingpin in another country, they call up their counterparts and ask them set up an intercept. To facilitate those taps, many nations – including the Bahamas – have hired contractors who install and maintain so-called lawful intercept equipment on their telecommunications. With SOMALGET, it appears that the NSA has used the access those contractors developed to secretly mine the country’s entire phone system for “signals intelligence” –recording every mobile call in the country. “Host countries,” the document notes, “are not aware of NSA’s SIGINT collection.” “Lawful intercept systems engineer communications vulnerabilities into networks, forcing the carriers to weaken,” says Christopher Soghoian, the principal technologist for the American Civil Liberties Union. “Host governments really should be thinking twice before they accept one of these Trojan horses.”
  • The DEA has long been in a unique position to help the NSA gain backdoor access to foreign phone networks. “DEA has close relationships with foreign government counterparts and vetted foreign partners,” the manager of the NSA’s drug-war efforts reported in a 2004 memo. Indeed, with more than 80 international offices, the DEA is one of the most widely deployed U.S. agencies around the globe. But what many foreign governments fail to realize is that U.S. drug agents don’t confine themselves to simply fighting narcotics traffickers. “DEA is actually one of the biggest spy operations there is,” says Finn Selander, a former DEA special agent who works with the drug-reform advocacy group Law Enforcement Against Prohibition. “Our mandate is not just drugs. We collect intelligence.” What’s more, Selander adds, the NSA has aided the DEA for years on surveillance operations. “On our reports, there’s drug information and then there’s non-drug information,” he says. “So countries let us in because they don’t view us, really, as a spy organization.”
  • “I seriously don’t think that would be your run-of-the-mill legal interception equipment,” says the former engineer, who worked with hardware and software that typically maxed out at 1,000 intercepts. The NSA, by contrast, is recording and storing tens of millions of calls – “mass surveillance,” he observes, that goes far beyond the standard practices for lawful interception recognized around the world. The Bahamas Telecommunications Company did not respond to repeated phone calls and emails.
  • The proliferation of private contractors has apparently provided the NSA with direct access to foreign phone networks. According to the documents, MYSTIC draws its data from “collection systems” that were overtly installed on the telecommunications systems of targeted countries, apparently by corporate “partners” cooperating with the NSA. One NSA document spells out that “the overt purpose” given for accessing foreign telecommunications systems is “for legitimate commercial service for the Telco’s themselves.” But the same document adds: “Our covert mission is the provision of SIGINT,” or signals intelligence.
  • According to the NSA documents, MYSTIC targets calls and other data transmitted on  Global System for Mobile Communications networks – the primary framework used for cell phone calls worldwide. In the Philippines, MYSTIC collects “GSM, Short Message Service (SMS) and Call Detail Records” via access provided by a “DSD asset in a Philippine provider site.” (The DSD refers to the Defence Signals Directorate, an arm of Australian intelligence. The Australian consulate in New York declined to comment.) The operation in Kenya is “sponsored” by the CIA, according to the documents, and collects “GSM metadata with the potential for content at a later date.” The Mexican operation is likewise sponsored by the CIA. The documents don’t say how or under what pretenses the agency is gathering call data in those countries. In the Bahamas, the documents say, the NSA intercepts GSM data that is transmitted over what is known as the “A link”–or “A interface”–a core component of many mobile networks. The A link transfers data between two crucial parts of GSM networks – the base station subsystem, where phones in the field communicate with cell towers, and the network subsystem, which routes calls and text messages to the appropriate destination. “It’s where all of the telephone traffic goes,” says the former engineer.
  • When U.S. drug agents wiretap a country’s phone networks, they must comply with the host country’s laws and work alongside their law enforcement counterparts. “The way DEA works with our allies – it could be Bahamas or Jamaica or anywhere – the host country has to invite us,” says Margolis. “We come in and provide the support, but they do the intercept themselves.” The Bahamas’ Listening Devices Act requires all wiretaps to be authorized in writing either by the minister of national security or the police commissioner in consultation with the attorney general. The individuals to be targeted must be named. Under the nation’s Data Protection Act, personal data may only be “collected by means which are both lawful and fair in the circumstances of the case.” The office of the Bahamian data protection commissioner, which administers the act, said in a statement that it “was not aware of the matter you raise.” Countries like the Bahamas don’t install lawful intercepts on their own. With the adoption of international standards, a thriving market has emerged for private firms that are contracted by foreign governments to install and maintain lawful intercept equipment. Currently valued at more than $128 million, the global market for private interception services is expected to skyrocket to more than $970 million within the next four years, according to a 2013 report from the research firm Markets and Markets.
  • If the U.S. government wanted to make a case for surveillance in the Bahamas, it could point to the country’s status as a leading haven for tax cheats, corporate shell games, and a wide array of black-market traffickers. The State Department considers the Bahamas both a “major drug-transit country” and a “major money laundering country” (a designation it shares with more than 60 other nations, including the U.S.). According to the International Monetary Fund, as of 2011 the Bahamas was home to 271 banks and trust companies with active licenses. At the time, the Bahamian banks held $595 billion in U.S. assets. But the NSA documents don’t reflect a concerted focus on the money launderers and powerful financial institutions – including numerous Western banks – that underpin the black market for narcotics in the Bahamas. Instead, an internal NSA presentation from 2013 recounts with pride how analysts used SOMALGET to locate an individual who “arranged Mexico-to-United States marijuana shipments” through the U.S. Postal Service.
  • The presentation doesn’t say whether the NSA shared the information with the DEA. But the drug agency’s Special Operations Divison has come under fire for improperly using classified information obtained by the NSA to launch criminal investigations – and then creating false narratives to mislead courts about how the investigations began. The tactic – known as parallel construction – was first reported by Reuters last year, and is now under investigation by the Justice Department’s inspector general. So: Beyond a desire to bust island pot dealers, why would the NSA choose to apply a powerful collection tool such as SOMALGET against the Bahamas, which poses virtually no threat to the United States? The answer may lie in a document that characterizes the Bahamas operation as a “test bed for system deployments, capabilities, and improvements” to SOMALGET. The country’s small population – fewer than 400,000 residents – provides a manageable sample to try out the surveillance system’s features. Since SOMALGET is also operational in one other country, the Bahamas may be used as a sort of guinea pig to beta-test improvements and alterations without impacting the system’s operations elsewhere. “From an engineering point of view it makes perfect sense,” says the former engineer. “Absolutely.”
  • SOMALGET operates under Executive Order 12333, a Reagan-era rule establishing wide latitude for the NSA and other intelligence agencies to spy on other countries, as long as the attorney general is convinced the efforts are aimed at gathering foreign intelligence. In 2000, the NSA assured Congress that all electronic surveillance performed under 12333 “must be conducted in a manner that minimizes the acquisition, retention, and dissemination of information about unconsenting U.S. persons.” In reality, many legal experts point out, the lack of judicial oversight or criminal penalties for violating the order render the guidelines meaningless. “I think it would be open, whether it was legal or not,” says German, the former FBI agent. “Because we don’t have all the facts about how they’re doing it. For a long time, the NSA has been interpreting their authority in the broadest possible way, even beyond what an objective observer would say was reasonable.” “An American citizen has Fourth Amendment rights wherever they are,” adds Kurt Opsahl, an attorney with the Electronic Frontier Foundation. “Nevertheless, there have certainly been a number of things published over the last year which suggest that there are broad, sweeping programs that the NSA and other government agencies are doing abroad that sweep up the communications of Americans.”
  • Legal or not, the NSA’s covert surveillance of an entire nation suggests that it will take more than the president’s tepid “limits” to rein in the ambitions of the intelligence community. “It’s almost like they have this mentality – if we can, we will,” says German. “There’s no analysis of the long-term risks of doing it, no analysis of whether it’s actually worth the effort, no analysis of whether we couldn’t take those resources and actually put them on real threats and do more good.” It’s not surprising, German adds, that the government’s covert program in the Bahamas didn’t remain covert. “The undermining of international law and international cooperation is such a long-term negative result of these programs that they had to know would eventually be exposed, whether through a leak, whether through a spy, whether through an accident,” he says. “Nothing stays secret forever. It really shows the arrogance of these agencies – they were just going to do what they were going to do, and they weren’t really going to consider any other important aspects of how our long-term security needs to be addressed.”
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    Words fail me.
Paul Merrell

Barrett Brown, Barack Obama, and Hugo Chavez: When Telling the Truth Becomes a Crime | nsnbc international - 0 views

  • WikiLeaks is a treasure trove of information for academic research.  Yet, in a library search that I did three days ago, in preparation for a question from my Dissertation Committee on the status of my use of WikiLeaks sources, I found that only thirty-five articles had been published in peer-reviewed academic journals.  In those articles, not a single author had referenced a single WikiLeaks document, nor did any of those articles provide a URL for any WikiLeaks document.  At the time, I concluded that the academic community was an extension of The State rather than an extension of The People with a responsibility to oversee and question the activities, policies, and behavior of The State. 
  • Then, yesterday, I received a message containing the British Broadcasting Corporation (BBC) news of the sentencing of Barrett Brown because he posted links online to the Stratfor e-mails that were posted on WikiLeaks.[1]  Brown did not hack Stratfor, but as an investigative journalist, reported on the content of the hack and provided links to his readers. There have been many news articles about the fact and the content of the Stratfor e-mails.[2]  As well, information pointing to a Federal Bureau of Investigation (FBI) informant being involved in the hacking of Stratfor, which raises a whole host of other questions about the continued unlawful conduct of the U.S. government.[3]  Despite several news articles containing sensational information on the Stratfor hack, again, a search of peer-reviewed journals that I conducted just now revealed only one article in a computer-related journal.  Therefore, whether the topic was WikiLeaks or Stratfor, the academic community is basically missing in action in examining and investigating this extremely important information.
  • A walk back in time shows the same reticence on the part of the academic community to use controversial, but declassified, government documents in its research.  In searches of the academic literature while I was studying the Counter Intelligence Program (COINTELPRO) of the FBI as a part of my Ph.D. research, I found, with a few extremely important exceptions, that the most important COINTELPRO documents remain virtually by-passed by the academic community—even to this date.  With this in mind, I really shouldn’t be surprised to see a lack of the use of WikiLeaks documents, even though the information contained could lead to critical insights on U.S. public policy.  Most importantly for those of us who expect to create change in U.S. domestic police state and foreign military policy, it is the most controversial of such documents that deserve scrutiny from not only journalists, but also from the academic community.  The operation of the Deep State is real and must be exposed if the possibility of return to Constitutional rule and the Bill of Rights is possible.  Thus, not only are the young people who broke into an FBI office and found and publicized the COINTELPRO papers heroes, so too are our modern day sunshine activists at Cryptome, Narconews, Wayne Madsen Reports, and WikiLeaks.  Whistleblowers like John Kiriakou, Chelsea Manning, Edward Snowden, and Jeffrey Sterling who are either already in jail or in exile until a new United States is created by the rest of us are modern-day profiles in courage.
Paul Merrell

Details Of Assassination Plot On Occupy Movement Leaders Withheld From Public At FBI's Behest - 0 views

  • The FBI was right to withhold records about an alleged murder plot targeting the leaders of Occupy Houston, to protect its informants, a federal judge ruled. Plaintiff Ryan Noah Shapiro is a doctoral student at the Massachusetts Institute of Technology. His research includes “the policing of dissent … especially in the name of national security” and “examining FBI and other intelligence agency efforts to preserve domestic surveillance capabilities while simultaneously subverting the Freedom of Information Act,” according to his MIT profile. Shapiro sent the FBI three Freedom of Information Act requests in early 2013, asking for records about “a potential plan to gather intelligence against the leaders of [Occupy Wall Street-related protests in Houston] and obtain photographs, then formulate a plan to kill the leadership [of the protests] via suppressed sniper rifles.” Shapiro told Courthouse News he learned of the alleged plot from FBI documents obtained by investigative reporter Jason Leopold.
  • The FBI had refused to give Shapiro any documents until he filed an April 2013 federal complaint in Washington, D.C., after which the agency gave him 17 pages. U.S. District Judge Rosemary Collyer found last year that the FBI had properly withheld some records, but took issue with its use of Exemption 7 under the FOIA, which protects from disclosure “records or information compiled for law enforcement purposes.” Collyer dismissed the lawsuit this week after reviewing the documents in her chambers. Shapiro challenged the FBI’s withholding of the names of its murder plot sources, claiming there is no privacy expectation for people who could be called to testify as trial witnesses. But Collyer found Monday that the FBI correctly invoked FOIA exemption 7(c), which shields law enforcement records from disclosure if they could constitute an invasion of personal privacy. The judge also agreed with the FBI that exemption 7(d) applied to the case. It allows records to be withheld if they “could reasonably be expected to disclose the identity of a confidential source.”
  • Citing a declaration from FBI agent David Hardy that said the confidential sources are “individuals who are members of organized violent groups,” Collyer said the likelihood of retaliation justified keeping the sources’ identities under wraps. Shapiro vowed to keep fighting for the records. “I’m of course disappointed in, and disagree with, the judge’s ruling. I’m now conferring with my attorney to determine next steps,” Shapiro said in an email. He said he is concerned that the FBI collected dossiers on Occupy protestors while publicly denying it. “The FBI even flatly asserted in a separate FOIA lawsuit of mine that, ‘(T)he FBI determined that it had never opened an investigation on the Occupy movement,'” Shapiro wrote. “Yet, in the course of my FOIA lawsuit against the FBI for records about the sniper plot against Occupy Houston, the FBI contradicted its own position.” Shapiro said that with recently released FBI documents about Occupy Chicago, “We are coming ever closer to finally forcing the FBI to concede it actually possesses a large volume of documents about this FBI-coordinated nationwide investigation of political protesters as supposed terroristic threats to national security.”
Paul Merrell

The Paris Terrorist Attacks. Passports Revisited | Global Research - Centre for Research on Globalization - 0 views

  • Using doublespeak – supporting an organization while pointing at it as the enemy and calling terrorists people who were previously hailed as ‘freedom fighters’, is not some prerogative of the French government. Producing one’s own enemy has become a pivotal process in Western strategy, one that comforts an imperial structure in which there is no separation any more between inside and outside, between law and sheer violence, between citizens and enemies. In Belgium the muslim preacher Jean-Louis Denis is tried in court for having promoted the jihad in Syria among young people because he is suspected of being acquainted with Sharia4Belgium, a group that is labelled as terrorist. His lawyer exposed the equivocation in the prosecution when he reminds the court that kids were indeed sent to fight for the Islamic State in Syria but by the Belgian intelligence service. He was referring to the part played by an undercover agent of the Belgian federal police. The signifier’s comeback It seems that in Paris too a major concern for the terrorists was to make it easy for them to be identified. Yet this paradox is no longer really a surprise. The miraculous find of ID papers has now become a classic feature in such circumstances. It is a recurring event, a repetitive compulsion that points again and again at people who belong to some jihadist movement. In the official version for 9/11 the FBI claimed that they found the unscathed passport of one of the pilots near one of the towers that were reduced to ashes by explosions whose heat melted even the steel columns in the buildings’ structure. The fourth plane’s crash near Shanksville also yielded a passport which, though scorched, still made it possible to read the person’s first name and surname and to see his ID photo. This is all the more disturbing as nothing at all was left in the crater, no part of the plane or of the people travelling in it, only this partly scorched passport.
  • In the case of the attack at Charlie Hebdo, investigators found the ID papers of the elder Kouachi brothers in a car they had abandoned in the north-east of Paris. This document allows them to conclude that the authors of the attack were known to the anti-terror department as ‘pioneers of the French Jihad.’ The ‘hunt’ could begin. How can killers who operate with such professional skill make such blunder? It is an elementary caution known to any burglar that you do not to take ID papers along. Since 9/11 unlikelihood has become part of our lives. It has become the basis on which  truth is assessed. Reason is banished. We must not believe what is said but the speaking voice, whatever nonsense it may utter. The more patently absurd, the more unwavering our belief in what is stated must be. Unlikelihood has turned into the measure of truth.
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    I had already picked up on this trend: "terrorists" skillfully planting their IDs where they would be found to aid ensuing investigations. Shouldn't we insist on a higher standard for propagandists, perhaps an anti-plagiarism provision?
Paul Merrell

Court: Ability to police U.S. spying program limited - The Washington Post - 0 views

  • The leader of the secret court that is supposed to provide critical oversight of the government’s vast spying programs said that its ability to do so is limited and that it must trust the government to report when it improperly spies on Americans. The chief judge of the Foreign Intelligence Surveillance Court said the court lacks the tools to independently verify how often the government’s surveillance breaks the court’s rules that aim to protect Americans’ privacy. Without taking drastic steps, it also cannot check the veracity of the government’s assertions that the violations its staff members report are unintentional mistakes.
  • “The FISC is forced to rely upon the accuracy of the information that is provided to the Court,” its chief, U.S. District Judge Reggie B. Walton, said in a written statement to The Washington Post. “The FISC does not have the capacity to investigate issues of noncompliance, and in that respect the FISC is in the same position as any other court when it comes to enforcing [government] compliance with its orders.” Walton’s comments came in response to internal government records obtained by The Post showing that National Security Agency staff members in Washington overstepped their authority on spy programs thousands of times per year. The records also show that the number of violations has been on the rise.
  • The court’s description of its practical limitations contrasts with repeated assurances from the Obama administration and intelligence agency leaders that the court provides central checks and balances on the government’s broad spying efforts. They have said that Americans should feel comfortable that the secret intelligence court provides robust oversight of government surveillance and protects their privacy from rogue intrusions.President Obama and other government leaders have emphasized the court’s oversight role in the wake of revelations this year that the government is vacuuming up “metadata” on Americans’ telephone and Internet communications. “We also have federal judges that we’ve put in place who are not subject to political pressure,” Obama said at a news conference in June. “They’ve got lifetime tenure as federal judges, and they’re empowered to look over our shoulder at the executive branch to make sure that these programs aren’t being abused.”
Paul Merrell

Britain Detains the Partner of a Reporter Tied to Leaks - NYTimes.com - 0 views

  • The partner of Glenn Greenwald, the journalist for The Guardian who has been publishing information leaked by the former National Security Agency contractor Edward J. Snowden, was detained for nine hours by the British authorities under a counterterrorism law while on a stop in London’s Heathrow Airport during a trip from Germany to Brazil, Mr. Greenwald said Sunday.
  • Mr. Greenwald’s partner, David Michael Miranda, 28, is a citizen of Brazil. He had spent the previous week in Berlin visiting Laura Poitras, a documentary filmmaker who has also been helping to disseminate Mr. Snowden’s leaks, to assist Mr. Greenwald. The Guardian had paid for the trip, Mr. Greenwald said, and Mr. Miranda was on his way home to Rio de Janeiro.
  • The Guardian published a report on Mr. Miranda’s detainment on Sunday afternoon. Mr. Greenwald said someone who identified himself as a security official from Heathrow Airport called him early on Sunday and informed him that Mr. Miranda had been detained, at that point for three hours. The British authorities, he said, told Mr. Miranda that they would obtain permission from a judge to arrest him for 48 hours, but he was released at the end of the nine hours, around 1 p.m. Eastern time. Mr. Miranda was in Berlin to deliver documents related to Mr. Greenwald’s investigation into government surveillance to Ms. Poitras, Mr. Greenwald said. Ms. Poitras, in turn, gave Mr. Miranda different documents to pass to Mr. Greenwald. Those documents, which were stored on encrypted thumb drives, were confiscated by airport security, Mr. Greenwald said. All of the documents came from the trove of materials provided to the two journalists by Mr. Snowden. The British authorities seized all of his electronic media — including video games, DVDs and data storage devices — and did not return them, Mr. Greenwald said.
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    My comments mighty be longer than Diigo allows from the client sidee so I will place them in in a comment following this post. However, do not miss the companion article in The Guardian, at  
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    Note that when detained, Mr. Miranda was acting in the role of a courier transporting documents on a thumb drive between two of the lead reporters working on the NSA scandal for The Guardian. The police kept the thumb drive and all other electronic devices Mr. Miranda carried, presumably to study their data stores.  Perhaps even more to the point, this was the seizure of leaked NSA documents and reporters' notes about them. I do not know about the UK law on the subject, but the shame of it is that it would be lawful accordng to the U.S. Supreme Court for U.S. Customs officials to do the same thing had Mr. Miranda arrived at an American international airport. Most Americans would be shocked to learn how many of their cherished Constitutional rights disappear at a port or entry or when crossing a border into the U.S. and when traveling within a 100-mile distance from a U.S. border on the U.S. side. But the particular detention of Mr. Miranda and seizure of the reporter's research and NSA document copies was sure from the outset to cause a major media stir. It has also provoked a strong diplomatic protest from Brazil This incident has already provoked not only a strong diplomatic protest from Brazil, but also in the UK, "Labour MP Tom Watson said he was shocked at the news and called for it to be made clear if any ministers were involved in authorising the detention." Also note in The Guardian article that the police were acting under authority of the draconian British Terrorism Act, which does not limit its application to those who are not suspected of being a terrorist. That UK government was willing to endure a public whipping by the media testifies loudly to the desperation of spy agencies - in the U.K., U.S., Australia, New Zealand, Canada, and Israel intelligence alliance - to learn what documents Snowden leaked to Glenn Greenwald and the Washington Post so they have a clue about: [i] what hammer blows will hit them in the future so they can get out i
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    I see that I forgot to paste the link to the companion article in The Guardian. Here 'tis. http://www.theguardian.com/world/2013/aug/18/glenn-greenwald-guardian-partner-detained-heathrow
Gary Edwards

Larry Summers and the Secret End Game Memo - by Greg Palast | Investigative Reporter - 1 views

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    excerpt: "The year was 1997.  US Treasury Secretary Robert Rubin was pushing hard to de-regulate banks.  That required, first, repeal of the Glass-Steagall Act to dismantle the barrier between commercial banks and investment banks.  It was like replacing bank vaults with roulette wheels. Second, the banks wanted the right to play a new high-risk game:  "derivatives trading."  JP Morgan alone would soon carry $88 trillion of these pseudo-securities on its books as "assets." Deputy Treasury Secretary Summers (soon to replace Rubin as Secretary) body-blocked any attempt to control derivatives. But what was the use of turning US banks into derivatives casinos if money would flee to nations with safer banking laws? The answer conceived by the Big Bank Five:  eliminate controls on banks in every nation on the planet - in one single move.    It was as brilliant as it was insanely dangerous. How could they pull off this mad caper?  The bankers' and Summers' game was to use the Financial Services Agreement, an abstruse and benign addendum to the international trade agreements policed by the World Trade Organization. Until the bankers began their play, the WTO agreements dealt simply with trade in goods-that is, my cars for your bananas.  The new rules ginned-up by Summers and the banks would force all nations to accept trade in "bads" - toxic assets like financial derivatives. Until the bankers' re-draft of the FSA, each nation controlled and chartered the banks within their own borders.  The new rules of the game would force every nation to open their markets to Citibank, JP Morgan and their derivatives "products." And all 156 nations in the WTO would have to smash down their own Glass-Steagall divisions between commercial savings banks and the investment banks that gamble with derivatives. The job of turning the FSA into the bankers' battering ram was given to Geithner, who was named Ambassador to the World Trade Organization. "
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    Greg Palast does good work. I'm reminded of a passage from Carl Oglesby's The Yankee and Cowboy War where he argued rather convincingly that conspiracy is the norm rather than the exception at the boundary line between government and big business.
Paul Merrell

Another "Terror" Arrest; Another Mentally Ill Man, Armed by the FBI - 0 views

  • U.S. law enforcement officials announced another terror arrest on Monday, after arming a mentally ill man and then charging him with having guns. ABC News quoted a “senior federal official briefed on the arrest” as saying: “This is a very bad person arrested before he could do very bad things.” But in a sting reminiscent of so many others conducted by the FBI since 9/11, Alexander Ciccolo, 23, “aka Ali Al Amriki,” was apparently a mentally ill man who was doing nothing more than ranting about violent jihad and talking (admittedly in frightening ways) about launching attacks—until he met an FBI informant. At that point, he started making shopping lists for weapons. The big twist in this story: Local media in Massachusetts are saying Ciccolo was turned in by his father, a Boston Police captain. The FBI affidavit says the investigation was launched after a “close acquaintance … stated that Ciccolo had a long history of mental illness and in the last 18 months had become obsessed with Islam.”
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