Group items matching

in title, tags, annotations or url

The criminal case against ex-CIA analyst Ray McGovern for “resisting arrest” when he was denied entry to a public speech by retired Gen. David Petraeus appears to be nearly over, but the image of police brutally shielding the mighty from a citizen’s question remains troubling, writes Robert Parry.

HSBC’s Swiss banking arm helped wealthy customers dodge taxes and conceal millions of dollars of assets, doling out bundles of untraceable cash and advising clients on how to circumvent domestic tax authorities, according to a huge cache of leaked secret bank account files. The files – obtained through an international collaboration of news outlets, including the Guardian, the French daily Le Monde, BBC Panorama and the Washington-based International Consortium of Investigative Journalists – reveal that HSBC’s Swiss private bank: • Routinely allowed clients to withdraw bricks of cash, often in foreign currencies of little use in Switzerland. • Aggressively marketed schemes likely to enable wealthy clients to avoid European taxes. • Colluded with some clients to conceal undeclared “black” accounts from their domestic tax authorities. • Provided accounts to international criminals, corrupt businessmen and other high-risk individuals.

The revelations will amplify calls for crackdowns on offshore tax havens and stoke political arguments in the US, Britain and elsewhere in Europe where exchequers are seen to be fighting a losing battle against fleet-footed and wealthy individuals in the globalised world. Approached by the Guardian, HSBC, the world’s second largest bank, has now admitted wrongdoing by its Swiss subsidiary. “We acknowledge and are accountable for past compliance and control failures,” the bank said in a statement. The Swiss arm, the statement said, had not been fully integrated into HSBC after its purchase in 1999, allowing “significantly lower” standards of compliance and due diligence to persist. That response raises serious questions about oversight of the Swiss operation by the then senior executives of its parent company, HSBC Group, headquartered in London. It has now acknowledged that it was not until 2011 that action was taken to bring the Swiss bank into line. “HSBC was run in a more federated way than it is today and decisions were frequently taken at a country level,” the bank said.

Although tax authorities around the world have had confidential access to the leaked files since 2010, the true nature of the Swiss bank’s misconduct has never been made public until now. Hollywood stars, shopkeepers, royalty and clothing merchants feature in the files along with the heirs to some of Europe’s biggest fortunes.

Iceland's Supreme Court has upheld convictions of market manipulation for four former executives of the failed Kaupthing bank in a landmark case that the country's special prosecutor said showed it was possible to crack down on fraudulent bankers. Hreidar Mar Sigurdsson, Kaupthing's former chief executive, former chairman Sigurdur Einarsson, former CEO of Kaupthing Luxembourg Magnus Gudmundsson, and Olafur Olafsson, the bank's second largest shareholder at the time, were all sentenced on Thursday to between four and five and a half years.The verdict is the heaviest for financial fraud in Iceland's history, local media said. Kaupthing collapsed under heavy debts after the 2008 financial crisis and the four former executives now live abroad. Though they sometimes returned to Iceland to collaborate with the court investigation, none were present on Thursday.Iceland's government appointed a special prosecutor to investigate its bankers after the world's financial systems were rocked by the discovery of huge debts and widespread poor corporate governance. He said Thursday's ruling was a signal to countries slow to pursue similar cases that no individual was too big to be prosecuted.

"This case...sends a strong message that will wake up discussion," special prosecutor Olafur Hauksson told Reuters. "It shows that these financial cases may be hard, but they can also produce results."Not all of Iceland's prosecutions have succeeded. But the country's efforts contrast with the United States and particularly Europe, where though some banks have been fined, few executives have been tried and voters suffering post-crisis austerity conditions feel bankers got off lightly.A recent scandal at the Swiss private bank of Europe's biggest lender HSBC has highlighted the controversy again and sparked a political row about whether the bank did enough to pursue possible tax dodgers..

Iceland struggled initially to appoint a special prosecutor. Hauksson, 50, a policeman from a small fishing village, was encouraged to put in for the job after the initial advertisement drew no applications. Nor have all of his prosecutions been trouble-free: two former bank executives were acquitted in one case, while sentences imposed on others have been criticized for being too light.However, Icelandic lower courts have convicted the chief executives of all three of its largest banks for their responsibility in a crisis that prosecutors said highlighted the operations of a club of wealth financiers in a country of just 320,000 people.They also convicted former chief executives of two other major banks, Glitnir and Landsbanki, for charges ranging from fraud and market manipulation.Parliament relaxed bank secrecy laws in Iceland to help the prosecutors investigate bank documents without court orders."Why should we have a part of our society that is not being policed or without responsibility?" Hauksson said. "It is dangerous that someone is too big to investigate - it gives a sense there is a safe haven."Seven criminal cases involving bankers have made it to the Supreme Court, which upheld six of them. Five more, including cases of CEOs - are due to be heard by the top court. Another 14 cases are awaiting possible prosecution, Hauksson said.

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.

The NYPD has used cell-site simulators, commonly known as Stingrays, more than 1,000 times since 2008, according to documents turned over to the New York Civil Liberties Union. The documents represent the first time the department has acknowledged using the devices. The NYPD also disclosed that it does not get a warrant before using a Stingray, which sweeps up massive amounts of data. Instead, the police obtain a “pen register order” from a court, more typically used to collect call data for a specific phone. Those orders do not require the police to establish probable cause. Additionally, the NYPD has no written policy guidelines on the use of Stingrays. Stingrays work by imitating cellphone towers. They force all nearby phones to connect to them, revealing the owners’ locations. That means they collect data on potentially hundreds of people. They are small enough to fit in a suitcase, or be mounted on a plane.

When they were originally developed in 2003, Stingrays were designed for military use. But in the past decade, they have increasingly been purchased by law enforcement agencies. According to the ACLU, Stingrays are used by at least 59 police departments in 23 states, and at least 13 federal agencies, including the DEA, FBI, and the IRS. Because most departments withhold information about Stingrays, these numbers likely underrepresent the total.

Stingrays have long been a topic of concern for privacy activists. “Cell-site simulators are powerful surveillance devices that can track people, including in their homes, and collect information on innocent bystanders,” said Mariko Hirose, a senior staff attorney at the NYCLU.  “If they are going to be used in communities the police should at minimum obtain a warrant and follow written policies.” Instead, law enforcement agencies have fought to keep Stingrays secret, even dropping criminal cases to avoid disclosing anything about them. The FBI has forced local police agencies to sign Stingray-related non-disclosure agreements, claiming that criminals and terrorists who know about Stingrays could take countermeasures against them. The increasing use of Stingrays, coupled with the lack of transparency, has alarmed civil liberties groups. “I think it’s critical to have transparency about the use of technology like Stingrays,” said Faiza Patel, an attorney with the Brennan Center for Justice. “That’s what allows courts, the public, and our elected officials to weigh in on the proper rules.”

A group of Palestinians and Palestinian Americans are seeking $34.5 billion dollars in damages from wealthy individuals and companies they accuse of financing and profiting from Israel’s settlements in the occupied West Bank and other abuses of their rights. The plaintiffs include Palestinians who have lost family members in Israeli attacks in the West Bank and Gaza Strip. Their lawsuit is the latest effort to expose and curb the role of organizations that operate as tax-exempt US charities in fueling violence and settlement expansion on occupied Palestinian land. It names as defendants US tycoons Sheldon Adelson, Haim Saban, Irving Moskowitz and Oracle founder Lawrence Ellison.

Adelson is renowned for using his huge casino fortune to advance his pro-Israel political agenda and is a major financial backer of both Israeli Prime Minister Benjamin Netanyahu and the US Republican Party. Saban has donated millions of dollars to US Democratic Party presidential hopeful Hillary Clinton. Moskowitz is one of the main financiers of settler efforts to force Palestinians out of their homes in occupied East Jerusalem. The lawsuit also names Israeli diamond magnate and settlement builder Lev Leviev and Christians United for Israel founder, the US Evangelical pastor John Hagee. Twelve US-based charities and a number of Israeli and US corporations are also named as defendants. The charities include Friends of the Israel Defense Forces, The Hebron Fund and Christian Friends of Israeli Communities.

The plaintiffs, represented by the law firm Martin McMahon and Associates, allege that the defendants are directly responsible for violence and for the expansion of settlements. The lawsuit, filed in a Washington, DC, federal court on Monday, alleges a wide range of crimes under US and international law, including genocide, war crimes and crimes against humanity, conspiracy, money laundering, racketeering, perjury and pillage. It alleges that charitable donations are sent to the Israeli army, a violation of US laws against funding a foreign military. Last December, some of the same plaintiffs using the same law firm sued the US Treasury for allowing billions of dollars of tax-exempt donations to flow to Israeli settlements. This lawsuit targets those who are supplying the money. Several are powerful billionaires who the lawsuit contends have defrauded the US tax authorities by funnelling huge sums of money meant for illegal purposes through tax-exempt organizations. According to the lawsuit, approximately $1 billion is sent through these organizations each year, with $104 million going to the Israeli army in 2014.

A lawsuit in the United States has been filed against former Israeli Prime Minister and Defense Minister Ehud Barak for his role in the 2010 Israeli commando attack upon the Gaza Freedom Flotilla in which 8 Turkish citizens and one American citizen were executed by Israeli forces and over fifty Turkish passengers were wounded.  The trial will be the first time a former Israeli Prime Minister will be put on trial for reasons of international terrorism. The family of Furkan Doğan, the American citizen who was assassinated in the attack, filed the lawsuit in the Central District Court of California and notice of the trial was handed to Barak last night, October 20, in Los Angeles when he spoke in the Distinguished Speaker series of Southern California  (http://speakersla.com/speakers/ehud-barak/).  According to a press release (http://mavi-marmara.ihh.org.tr/en/main/news/0/case-opened-against-former-israeli-pm-ehud-ba/2969) from the Turkish International Humanitarian organization that sponsored the Mavi Marmara ship,  charges against Barak include his planning and leadership in the murder of Furkan Doğan and others in international waters, Willful killing, attempted willful killing, intentionally causing serious injury to body or health, international terrorism, plundering, intentionally causing damage to property, restriction of people's freedom and instigating violent crimes. 

American attorneys Hydee Dijsktal and Dan Stormer, the British law firm, Stoke & White, British Professor Dr. Geoffrey Nice and UK attorney Rodney Dixon are the legal team for the Dogan family. Ehud Barak was almost arrested in France in 2010 when he went to a weapons expo. by hopping off the plane last minute with the trial opened against him by the wives of martyrs in France. Other legal proceedings against Barak and other senior members of the Israeli government are in the works.  In 2010 in France, the widows of Cevdet Kılıçlar and Necdet Yıldırım, two others executed by Israeli commandos, brought a lawsuit against Barak which he evaded when he was informed of the French lawsuit as he was about to deplane in Paris to attend a weapons expo in France. In the case brought in the International Criminal Court (ICC), the ICC prosecutor has ruled that the attack by Israeli commandos upon the Mavi Marmara in the Gaza Freedom Flotilla was a war crime. Additionally, the 7th High Criminal Court in Istanbul, Turkey has issued a “red notice” for the arrest of four senior Israeli government officials in a lawsuit filed in Turkey http://www.incanews.net/en/turkey/313/turkish-court-orders-arrest-of-4-israeli-officials . The Israeli officials named by the court are Israel's former Chief of Staff Gabi Ashkenazi, former navy chief Eliezer Marom, former military intelligence head Amos Yadlin and former air force intelligence chief Avishai Levy.

Due to political considerations dealing with the State of Israel, the Ministry of Justice of Turkey has delayed sending to Interpol the “red notice” much to the consternation of those seeking justice.

Four people, including three Americans, have filed a civil suit against the state of Israel, seeking compensatory damages for injuries suffered during an attack aboard a U.S. ship in international waters during the year 2010. At a Washington press conference, Tuesday, the plaintiffs said they wanted compensation for “the harm and distress, injuries and losses caused by the attack”. Israel has refused to acknowledge responsibility and liability for the attack and is yet to pay compensation to victims aboard the Challenger I, which was part of a Freedom Flotilla set to deliver humanitarian aid and medical supplies to the Gaza Strip, which was and still remains under an Israeli blockade. According to the complaint, the U.S. ship has never been returned by Israel and is still being held there. Israeli special forces stormed the ships and killed nine civilians aboard another ship in the flotilla, the Turkish Mavi Marmara. That event has since frozen relations between Israel and Turkey. That case was referred to the International Criminal Court by the Union of the Comoros because the Turkish vessel was sailing under its flag.

The family of a 19-year old American-Turkish national, Furkan Dogan, who was killed in the Mavi Marmara raid, last October, sued former Israeli Defense Minister Ehud Barak on war crimes charges. The latest lawsuit filed Monday is the first U.S. case brought against Israel relating to the Freedom Flotilla. The plaintiffs and their attorneys spoke to Anadolu Agency, following a press conference that announced the suit: “States are generally immune from suit in United States courts. But that immunity is waived in a number of circumstances. When agents of foreign governments commit wrongful acts in the United States that cause personal injury, and egregious acts against U.S. nationals anywhere in the world, they are not entitled to immunity,” said lawyer Steven Schneebaum. He noted that both exceptions apply to the facts of Challenger I case because a U.S. flagged ship falls under U.S. jurisdiction. The case is ground-breaking as it relies on an exception in American law that allows lawsuits to be brought against foreign states, in limited cases.

According to professor Ralph Steinhardt, a member of the plaintiffs’ legal team, Israel’s sovereignty does not allow it to attack American flagged civilian ships and attack those on it. “The attack on Challenger I was a patent violation of international law, including the laws of war, human rights, and the law of the sea,” according to the George Washington University international law professor. A UK-based international lawyer representing the plaintiffs, Sir Geoffrey Nice, described the case against Israel as “a real test” for the rule of international law. “This case, alongside the others, the one in the International Criminal Court and the one in California would have the following very clear political outcome: If Israel has enjoyed special privileged status of impunity because of protection by the United State of America, then that impunity is on the way out,” he said.

Commonwealth Bank of Australia ’s oversight of money transfers from that account to Lebanon last year was among many failures cited by the Australian federal government’s financial intelligence agency in its nearly US$530 million fine of the bank on Monday. If approved, the fine—meant to settle a lawsuit brought by the agency and founded on breaches of the country’s Anti-Money Laundering and Counter-Terrorism Act—would be the largest corporate civil penalty ever paid in Australia. Australia’s banks have long held a reputation for being among the world’s safest for investors. But a series of scandals over the past year has rocked the country’s top financial institutions. Commonwealth Bank has seen separate penalties for conduct in alleged interest-rate rigging and bad governance. On Friday, Australia & New Zealand Banking Group Ltd. said it would defend against criminal prosecution for alleged cartel conduct in a 2015 capital raising. A public inquiry into the sector, launched last autumn by Prime Minister Malcolm Turnbull, has heard accusations against Australia’s leading financial firms of inappropriate lending, collecting fees from dead customers for financial advice and lying to regulators. The tribunal has already claimed several big scalps. Beginning in late April, the chief executive, chairman and several board members at Australia’s largest wealth management company, AMP Ltd. , resigned after the company admitted it had misled regulators and been slow to compensate customers for fees charged for financial advice it didn’t deliver.

Disoriented investors now fear tighter regulation of a sector that has reliably returned a run of record annual underlying profits and solid dividends. The government has already beefed up penalties for corporate wrongdoing, including prison time, and strengthened the corporate regulator’s investigative powers. Commonwealth Bank shares recently tumbled to 5-year lows.

Those mistakes included not assessing the inherent risk of so-called intelligent deposit machines before mid-2015. Commonwealth Bank also didn’t limit the number of times that customers could deposit money each day, or create reports on thousands of deposits of A$10,000 (US$7,569) or more at the machines. These flaws created an architecture that money launderers could exploit, the financial-intelligence agency said.

Palestinians from the Gaza Strip have criticized an Israeli report on the country’s 2014 military operation against the besieged coastal enclave. The report was released by Israeli state comptroller Yosef Shapira on Tuesday. “I understand from the report that Gaza was merely the setting for an Israeli war game, with no objective but to destroy and murder indiscriminately,” said Basman Alashi, executive director of the El-Wafa Medical Rehabilitation and Specialized Surgery Hospital. The hospital, formerly located in the Shujaya neighborhood by the separation barrier with Israel east of Gaza City, was repeatedly shelled by Israeli forces during the 51-day offensive before it was evacuated under fire on July 17, 2014.

“The overall impression it leaves is this: ‘Netanyahu, You didn’t do a good job of destroying Gaza, do it better next time,’” Alashi said of the report. Others said the document contained useful information about Israel’s behavior during the offensive, even if its conclusions remained incomplete. “The report shows that Israel follows a systematic policy of humiliating Palestinians, especially through careless targeting of civilians,” said Ramy Abdu, founder and chairman of the Euro-Mediterranean Human Rights Monitor. Abdu’s Geneva-based agency has conducted investigations of Israel’s military conduct, including an Oct. 30, 2014 report stating that its forces had “deliberately targeted locations with concentrations of civilians” during operations earlier that year. “What the report has failed to cover is to cite careless targeting of civilians as a consistent failure of the Israeli forces, with almost no serious actions to do something about it,” Abdu said in regard to the Israeli comptroller’s findings.

It also claimed the cabinet had not only failed to consider diplomatic alternatives to military action, but also to set any clear strategy concerning Gaza. Once the operation began, it said, Israeli forces largely failed to meet their objective of thwarting tunnels dug by Palestinian resistance groups, destroying only half of them over weeks of a bloody ground invasion that produced many casualties. The comptroller did not appear to consider the goals of an earlier military operation, launched by Israel in the West Bank on June 13, 2014. These goals were to weaken Hamas, obstruct an agreement by Hamas and Fatah to form a unity government across the West Bank and Gaza Strip and recover three young settlers captured by Palestinians.

Vigilantes seized a drug cartel’s bastion in western Mexico, sparking a shootout as the civilian militias gain new ground in their struggle against drug gangs in a violence-plagued region. Hundreds of armed civilians riding in more than 100 pick-up trucks rolled into the Michoacan state town of Nueva Italia and were met by gunfire from presumed members of the Knights Templar cartel when they reached the municipal office. “They shot at us from two locations and the clash lasted around an hour and a half,” Jaime Ortiz, a 47-year-old farmer and vigilante leader from the town of La Ruana, told AFP. Two members of the self-defense unit were wounded, he said, standing in the 40,000-population town’s main square, surrounded by hundreds of men armed with AK-47 assault rifles, bulletproof vests and radios.

The growing civilian militia movement, which first emerged in Michoacan nearly a year ago, has seized more communities in recent weeks in their bid to oust the Templars from the state.

Interior Minister Miguel Osorio Chong has said the self-defense units are illegal. Yet some critics charge the government is protecting them. The Templars have accused the vigilantes of being a proxy force for the rival Jalisco New Generation drug cartel, a charge the militias deny. The militias have now surrounded Apatzingan, a city of 123,000 people considered the main Templar stronghold in Michoacan’s lime and avocado growing region known as Tierra Caliente, or Hot Country.

“That Clapper is lying to Congress is probably more injurious to our intelligent capabilities than anything Snowden did,” Paul told CNN’s Wolf Blitzer. “Clapper has damaged the credibility of the entire intelligence apparatus and I’m not sure what to believe anymore when they come to Congress.”

Paul also said he believes Clapper would need to resign to restore confidence in the intelligence community.

“I don’t know how you can have someone in charge over intelligence who has known to lie in a public forum to Congress, to lie without repercussions,” he added. “If the intelligence community says we’re not spying on Americans and they are, and then they say we’re not collecting any data, it’s hard to have confidence in them.” When asked about the prospect of raising criminal charges against Clapper, Paul said that both Snowden and Clapper broke the law. “I think the law is the law; they both broke the law and that one shouldn’t get off scot-free,” Paul said.

The US came under sharp criticism at the UN human rights committee in Geneva on Thursday for a long list of human rights abuses that included everything from detention without charge at Guantánamo, drone strikes and NSA surveillance, to the death penalty, rampant gun violence and endemic racial inequality.At the start of a two-day grilling of the US delegation, the committee’s 18 experts made clear their deep concerns about the US record across a raft of human rights issues. Many related to faultlines as old as America itself, such as guns and race.Other issues were relative newcomers. The experts raised questions about the National Security Agency’s surveillance of digital communications in the wake of Edward Snowden’s revelations. It also intervened in this week’s dispute between the CIA and US senators by calling for declassification and release of the 6,300-page report into the Bush administration’s use of torture techniques and rendition that lay behind the current CIA-Senate dispute.The committee is charged with upholding the International Covenant on Civil and Political Rights (ICCPR), a UN treaty that the US ratified in 1992. The current exercise, repeated every five years, is a purely voluntarily review, and the US will face no penalties should it choose to ignore the committee’s recommendations, which will appear in a final report in a few weeks’ time.

But the US is clearly sensitive to suggestions that it fails to live up to the human rights obligations enshrined in the convention – as signalled by the large size of its delegation to Geneva this week. And as an act of public shaming, Thursday’s encounter was frequently uncomfortable for the US.The US came under sustained criticism for its global counter-terrorism tactics, including the use of unmanned drones to kill al-Qaida suspects, and its transfer of detainees to third countries that might practice torture, such as Algeria. Committee members also highlighted the Obama administration’s failure to prosecute any of the officials responsible for permitting waterboarding and other “enhanced interrogation” techniques under the previous administration.Walter Kälin, a Swiss international human rights lawyer who sits on the committee, attacked the US government’s refusal to recognise the convention’s mandate over its actions beyond its own borders. The US has asserted since 1995 that the ICCPR does not apply to US actions beyond its borders - and has used that “extra-territoriality” claim to justify its actions in Guantánamo and in conflict zones.

This world is an unsafe place,” Kälin said. “Will it not become even more dangerous if any state would be willing to claim that international law does not prevent them from committing human rights violations abroad?”Kälin went on to express astonishment at some of America’s more extreme domestic habits. He pointed to the release this week in Louisiana of Glenn Ford, the 144th person on death row in the US to be exonerated since 1973, saying: “One hundred and forty-four cases of people wrongfully convicted to death is a staggering number.”Pointing out the disproportional representation of African Americans on death rows, he added: “Discrimination is bad, but it is absolutely unacceptable when it leads to death.”

The White House and leading lawmakers have rejected Edward Snowden's plea for clemency and said he should return to the United States to face trial.Dan Pfeiffer, an Obama administration adviser, said on Sunday the NSA whistleblower's request was not under consideration and that he should face criminal charges for leaking classified information. Dianne Feinstein and Mike Rogers, respectively the heads of the Senate and House intelligence committees, maintained the same tough line and accused Snowden of damaging US interests.The former NSA employee this week appealed for clemency and an opportunity to address members of Congress about US surveillance. He also asked for international help to lobby the US to drop the charges against him. The White House, stung by domestic and international criticism, has shown growing appetite to rein in some of the NSA programmes that Snowden exposed but it has not softened its hostility to the 30-year-old fugitive.

Yet another dark cloud is looming over global banks as officials examine their behavior in the massive foreign exchange market, threatening to deal a new blow to earnings and reputations. Regulators in the U.S., Europe and Asia are in the early stages of investigating whether traders at the world's top banks manipulated foreign exchange benchmarks to profit at the expense of their clients. Goldman Sachs (GS, Fortune 500), Citigroup (C, Fortune 500), JP Morgan (JPM, Fortune 500), Deutsche Bank (DB), Barclays (BCS), Royal Bank of Scotland (RBS), UBS (UBS) and HSBC (HBCYF)are among the firms in their sights. Financial lawyers say the probe could have steep and uncertain consequences as the impact of currency market abuse would reverberate far beyond Wall Street.

It's unwelcome timing for an industry already fighting a raft of legal battles over foreclosure abuses, misleading investors over mortgages and payment protection insurance. And then there's the Libor scandal. A global investigation into the setting of the London interbank lending rate, and related global benchmarks, has so far yielded about $3.6 billion in fines. Penalties for some of the biggest players are still to come. Traders have also faced criminal charges. As the extent of damage caused by Libor-rigging is revealed, lawyers say the probe into fixing currency rates could unfold in a similar way, and rival its impact. London is the center of the loosely regulated foreign exchange market, the biggest in the world's financial system with average daily turnover of $5.3 trillion. Proven abuse in this market would have a significant ripple effect, exposing offending firms to a host of legal action.

Republicans want President Barack Obama to send the first suspect arrested in the 2012 attack in Benghazi, Libya, that left four Americans dead to the prison in Guantánamo Bay, Cuba. Sen. John McCain of Arizona was among a group of Senate Republicans urging for Ahmed Abu Khatallah to be sent to Guantánamo — even as Attorney General Eric H. Holder Jr. put out a statement declaring his intent to try Khatallah in U.S. courts. “That’s where the detention facilities are. … It’s totally inappropriate to keep him anywhere else,” McCain said. Sen. Lindsey Graham, R-S.C., said Guantánamo has yielded significant intelligence over the years. “We’re turning war into a crime and it’s going to bite us in the butt,” he said. Democrats, however, dismissed the idea, and Holder made clear Khatallah would stand trial. “Khatallah currently faces criminal charges on three counts, and we retain the option of adding additional charges in the coming days,” Holder said. “Even as we begin the process of putting Khatallah on trial and seeking his conviction before a jury, our investigation will remain ongoing as we work to identify and arrest any co-conspirators.”

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.

Canadian Prime Minister Stephen Harper, January 8, 2015, on Charlie Hebdo shootings: “When a trio of hooded men struck at some of our most cherished democratic principles, freedom of expression, freedom of the press, they assaulted democracy everywhere . . . They have declared war on anybody who does not think and act exactly as they wish they would think and act . . . . they have declared war on any country, like ourselves, that values freedom, openness and tolerance.”

CBC, today: “Ottawa threatening hate charges against those who boycott Israel” The Harper government is signaling its intention to use hate crime laws against Canadian advocacy groups that encourage boycotts of Israel. Such a move could target a range of civil society organizations, from the United Church of Canada and the Canadian Quakers to campus protest groups and labour unions. If carried out, it would be a remarkably aggressive tactic, and another measure of the Conservative government’s lockstep support for Israeli Prime Minister Benjamin Netanyahu. . . . The government’s intention was made clear in a response to inquiries from CBC News about statements by federal ministers of a “zero tolerance” approach to groups participating in a loose coalition called Boycott, Divest and Sanction (BDS), which was begun in 2006 at the request of Palestinian non-governmental organizations.

Has a #JeSuisBDS hashtag started trending yet on Twitter? Under the new Charlie Hebdo standard — it’s not enough to defend free speech; one must praise and even express the speech targeted with suppression — have all of the newfound free speech crusaders begun organizing pro-Israel-boycott rallies in order to defy these suppression efforts? In a zillion years, could anyone imagine the popularity-craving officials who run PEN America bestowing one of their glamorous awards on advocates of the Israel-targeted Boycott/Divestment/Sanctions movement? The answer to all of those questions is and will remain “no,” because (as I discussed last week here with Bob Wright) the Charlie Hebdo ritual (for most, not all) was about many agendas having nothing to do with the free expression banner under which it paraded. In that regard, Stephen Harper is the perfect Poster Boy for how free expression is tribalistically manipulated and exploited in the West. When the views being suppressed are ones amenable to those in power (e.g., cartoons mocking Islam), free speech is venerated; attempts to suppress those kinds of ideas show that “they have declared war on any country, like ourselves, that values freedom, openness and tolerance.” We get to celebrate ourselves as superior and progressive and victimized, and how good that feels. But when ideas are advocated that upset those in power (e.g. speech by Muslims critical of Western nations and their allies), the very same people acquiesce to, or expressly endorse, full-scale suppression. Thus can the Canadian Prime Minister pompously parade around as some sort of Guardian of Enlightenment Ideals only, three months later, to act like the classic tyrant.

The Israeli government authorized security officials to use administrative detention and all other appropriate means to track down and hold suspects in Friday’s murder of Palestinian infant Ali Saad Dawabsha

At an emergency meeting Sunday evening, ministers approved the use of “all means necessary” to catch the killers, alleged to be Jewish terrorists, who firebombed the Dawabsha home in the early hours of Friday morning, burning it down, killing Ali, and leaving his parents and brother fighting for their lives. Ministers also agreed to expedite legislation designed to counter Jewish terrorism, according to a statement from the Prime Minister’s Office. A ministerial committee including Defense Minister Moshe Ya’alon, Internal Security Minister Gilad Erdan and Justice Minister Ayelet Shaked was established to oversee other requirements to ensure more effective efforts to quell the extremism.

Security officials quoted on Israel’s Channel 2 news warned that a group of Jewish extremists, sometimes referred to as “Hilltop youth,” were responsible for a series of hate-crime attacks in recent years, and that these “rebels” and “anarchists” are bent on undermining the rule of law in Israel. The officials said there had been a fall in the number of their attacks of late, but that the attacks themselves were becoming increasingly grave. The officials said they were not being hampered by a lack of intelligence as much as by a lack of legal tools to grapple with Jewish suspects. Of five suspects in a June arson attack at the Church of the Multiplication of the Loaves and Fishes, at Tabgha on the Sea of Galilee, they said, three had been indicted, but they did not have the legal tools necessary to hold the other two in detention.