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Paul Merrell

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

www.justsecurity.org/...circuit-hassan-v-city-york

liberties surveillance state NYPD Muslim-surveillance litigation

shared by Paul Merrell on 17 Oct 15 - No Cached
  • 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

Muslim Americans win chance to sue NYPD for spying - Al Jazeera English - 0 views

www.aljazeera.com/...pd-spying-151015044346585.html

liberties surveillance state NYPD Muslim-surveillance litigation

shared by Paul Merrell on 17 Oct 15 - No Cached
  • An appeals court in the US has given Muslim Americans another chance to sue the New York Police Department for its surveillance on them. Last year, a lower court had dismissed the case in which the Police were accused of deliberately targeting Muslims because of their religion. However, the 3rd US Circuit Court of Appeals in Philadelphia reversed a lower court's decision, finding the plaintiffs had legal standing to assert claims that the country's so-called counterterrorism programme violated their rights.
Paul Merrell

NYPD Blows Whistle on New Hillary Emails: Money Laundering, Sex Crimes with Children, Child Exploitation, Pay to Play, Perjury - 1 views

www.blacklistednews.com/...M.html

Auction 2016 Hillary-emails FBI NYPD Huma Weiner sex-crimes perjury Clinton-Foundation money-laundering obstruction

shared by Paul Merrell on 03 Nov 16 - No Cached
  • New York Police Department detectives and prosecutors working an alleged underage sexting case against former Congressman Anthony Weiner have turned over a newly-found laptop he shared with wife Huma Abedin to the FBI with enough evidence “to put Hillary (Clinton) and her crew away for life,” NYPD sources told True Pundit. NYPD sources said Clinton’s “crew” also included several unnamed yet implicated members of Congress in addition to her aides and insiders. The NYPD seized the computer from Weiner during a search warrant and detectives discovered a trove of over 500,000 emails to and from Hillary Clinton, Abedin and other insiders during her tenure as secretary of state. The content of those emails sparked the FBI to reopen its defunct email investigation into Clinton on Friday.
  • But new revelations on the contents of that laptop, according to law enforcement sources, implicate the Democratic presidential candidate, her subordinates, and even select elected officials in far more alleged serious crimes than mishandling classified and top secret emails, sources said. NYPD sources said these new emails include evidence linking Clinton herself and associates to: Money laundering Child exploitation Sex crimes with minors (children) Perjury Pay to play through Clinton Foundation Obstruction of justice Other felony crimes NYPD detectives and a NYPD Chief, the department’s highest rank under Commissioner, said openly that if the FBI and Justice Department fail to garner timely indictments against Clinton and co- conspirators, NYPD will go public with the damaging emails now in the hands of FBI Director James Comey and many FBI field offices. “What’s in the emails is staggering and as a father, it turned my stomach,” the NYPD Chief said. “There is not going to be any Houdini-like escape from what we found. We have copies of everything. We will ship them to Wikileaks or I will personally hold my own press conference if it comes to that.”
  • The NYPD Chief said once Comey saw the alarming contents of the emails he was forced to reopen a criminal probe against Clinton. “People are going to prison,” he said. Meanwhile, FBI sources said Abedin and Weiner were cooperating with federal agents, who have taken over the non-sexting portions the case from NYPD. The husband-and-wife Clinton insiders  are both shopping for separate immunity deals, sources said. “If they don’t cooperate they are going to see long sentences,” a federal law enforcement source said. NYPD sources said Weiner or Abedin stored all the emails in a massive Microsoft Outlook program on the laptop. The emails implicate other current and former members of Congress and one high-ranking Democratic Senator as having possibly engaged in criminal activity too, sources said. Prosecutors in the office of US Attorney Preet Bharara have issued a subpoena for Weiner’s cell phones and travel records, law enforcement sources confirmed. NYPD said it planned to order the same phone and travel records on Clinton and Abedin, however, the FBI said it was in the process of requesting the identical records. Law enforcement sources are particularly interested in cell phone activity and travel to the Bahamas, U.S. Virgin Islands and other locations that sources would not divulge.
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  • The new emails contain travel documents and itineraries indicating Hillary Clinton, President Bill Clinton, Weiner and multiple members of Congress and other government officials accompanied convicted pedophile billionaire Jeffrey Epstein on his Boeing 727 on multiple occasions to his private island in the U.S Virgin Islands, sources said. Epstein’s island has also been dubbed Orgy Island or Sex Slave Island where Epstein allegedly pimps out underage girls and boys to international dignitaries. Both NYPD and FBI sources confirm based on the new emails they now believe Hillary Clinton traveled as Epstein’s guest on at least six occasions, probably more when all the evidence is combed, sources said. Bill Clinton, it has been confirmed in media reports spanning recent years, that he too traveled with Epstein over 20 times to the island.
  • According to other uncovered emails, Abedin and Clinton both sent and received thousands of classified and top secret documents to personal email accounts including Weiner’s unsecured campaign web site which is managed by Democratic political consultants in Washington D.C. Weiner maintained little known email accounts that the couple shared on the website anthonyweiner.com. Weiner, a former seven-term Democratic Congressman from New York, primarily used that domain to campaign for Congress and for his failed mayoral bid of New York City. At one point, FBI sources said, Abedin and Clinton’s classified and top secret State Department documents and emails were stored in Weiner’s email on a server shared with a dog grooming service and a western Canadian bicycle shop. However, Weiner and Abedin, who is Hillary Clinton’s closest personal aide, weren’t the only people with access to the Weiner’s email account. Potentially dozens of unknown individuals had access to Abedin’s sensitive State Department emails that were stored in Weiner’s email account, FBI sources confirmed. FEC records show Weiner paid more than $92,000 of congressional campaign funds to Anne Lewis Strategies LLC to manage his email and web site. According to FBI sources, the D.C.-based political consulting firm has served as the official administrator of the anthonyweiner.com domain since 2010, the same time Abedin was working at the State Department. This means technically Weiner and Abedin’s emails, including top secret State Department emails, could have been accessed, printed, discussed, leaked, or distributed by untold numbers of personnel at the Anne Lewis consulting firm because they can control where the website and it emails are pointed, FBI sources said.
  • According to FBI sources, the bureau’s newly-minted probe into Clinton’s use and handling of emails while she served as secretary of state, has also been broadened to include investigating new email-related revelations, including: Abedin forwarded classified and top secret State Department emails to Weiner’s email Abedin stored emails, containing government secrets, in a special folder shared with Weiner warehousing over 500,000 archived State Department emails. Weiner had access to these classified and top secret documents without proper security clearance to view the records Abedin also used a personal yahoo address and her Clintonemail.com address to send/receive/store classified and top secret documents A private consultant managed Weiner’s site for the last six years, including three years when Clinton was secretary of state, and therefore, had full access to all emails as the domain’s listed registrant and administrator via Whois email contacts. Because Weiner’s campaign website is managed by the third-party consultant and political email guru, FBI agents are burdened with the task of trying to decipher just how many people had access to Weiner’s server and emails and who were these people. Or if the server was ever compromised by hackers, or other actors.
  • Abedin told FBI agents in an April interview that she didn’t know how to consistently print documents or emails from her secure Dept. of State system. Instead, she would forward the sensitive emails to her yahoo, Clintonemail.com and her email linked to Weiner. Abedin said, according to FBI documents, she would then access those email accounts via webmail from an unclassified computer system at the State Dept. and print the documents, many of which were classified and top secret, from the largely unprotected webmail portals. Clinton did not have a computer in her office on Mahogany Row at the State Dept. so she was not able to read timely intelligence unless it was printed out for her, Abedin said. Abedin also said Clinton could not operate the secure State Dept. fax machine installed in her Chappaqua, NY home without assistance. Perhaps more alarming, according to the FBI’s 302 Report detailing its interview with Abedin, none of the multiple FBI agents and Justice Department officials who conducted the interview pressed Abedin to further detail the email address linked to Weiner. There was never a follow up, according to the 302 report. But now, all that has changed, with the FBI’s decision to reopen the Clinton email investigation and the husband and wife seeking immunity deals to testify against Clinton and other associates about the contents of the laptop’s emails.
  • Gary Edwards on 03 Nov 16
     
    "New York Police Department detectives and prosecutors working an alleged underage sexting case against former Congressman Anthony Weiner have turned over a newly-found laptop he shared with wife Huma Abedin to the FBI with enough evidence "to put Hillary (Clinton) and her crew away for life," NYPD sources told True Pundit. NYPD sources said Clinton's "crew" also included several unnamed yet implicated members of Congress in addition to her aides and insiders. The NYPD seized the computer from Weiner during a search warrant and detectives discovered a trove of over 500,000 emails to and from Hillary Clinton, Abedin and other insiders during her tenure as secretary of state. The content of those emails sparked the FBI to reopen its defunct email investigation into Clinton on Friday. But new revelations on the contents of that laptop, according to law enforcement sources, implicate the Democratic presidential candidate, her subordinates, and even select elected officials in far more alleged serious crimes than mishandling classified and top secret emails, sources said. NYPD sources said these new emails include evidence linking Clinton herself and associates to: Money laundering Child exploitation Sex crimes with minors (children) Perjury Pay to play through Clinton Foundation Obstruction of justice Other felony crimes NYPD detectives and a NYPD Chief, the department's highest rank under Commissioner, said openly that if the FBI and Justice Department fail to garner timely indictments against Clinton and co- conspirators, NYPD will go public with the damaging emails now in the hands of FBI Director James Comey and many FBI field offices. "What's in the emails is staggering and as a father, it turned my stomach," the NYPD Chief said. "There is not going to be any Houdini-like escape from what we found. We have copies of everything. We will ship them to Wikileaks or I will personally hold my own press conference if it comes to that." The NYPD
Paul Merrell

Turkey's Parliament Launched Talks About Constitutional Change - nsnbc international | nsnbc international - 0 views

nsnbc.me/...ks-about-constitutional-change

Turkey constitution amendments

shared by Paul Merrell on 10 Jan 17 - No Cached
  • Turkey’s parliament, on January 9, launched talks about amending the country’s constitution. The proposed package of amendments will change the country into an executive presidential system and transform the parliament into a “rubber stamp” parliament comparable to that of the Islamic Republic of Iran.
  • The launch of the talks prompted protests, despite the fact that the country still is governed by emergency laws introduced on July 20, 2016, after the “failed” military coup on July 15. Opponents of the constitutional change point out that the parliament debates the sweeping constitutional change while MPs of the leftist opposition HDP are in jail. The HDP suspended its parliamentary work after the detention of several of its legislators. Others stress that the introduction of the executive presidential system render the parliament virtually powerless and transforms it into a “rubber stamp assembly” comparable to the parliament in the Islamic Republic of Iran. While most journalists have been too intimidated to report details, and media have largely been put under State control, it has transpired that police has dispersed non-violent protests throughout the country. In some cases police used disproportionate violence and water cannons. “The heads of 100 nongovernmental organizations wanted to come and make statements here (in front of the parliament). But now you see, parliament is under blockade, the roads are closed, there is a TOMA (a water cannon vehicle). We are under siege,” said Aykut Erdogdu, a lawmaker of the Republican people’s Party – CHP. He added: “It is very wrong to block parliament on the eve of such an important constitutional change that will be discussed in parliament.” Erdogdu stressed that the CHP’s parliamentary group will attempt to prolong and if possible stall the “constitutional reform” by issuing proposals and non-confidence motions in order to emphasize their opposition.  CHP Deputy Group Chair Özgür Özel, for his part, told the press: “We think that the longer this process is going to be, the more useful it will be, the more likely these mistakes will be realized, and the constitutional proposal will be completely withdrawn.” He added that the discussions which prolonged the process in the parliamentary commission were fruitful in that they created awareness about the importance of the amendment. “We will give speeches on the entire constitutional amendment and then on each item. In addition, we may also propose that the material be removed from the text because it is contrary to the constitution,” Özel added.
  • Paul Merrell on 10 Jan 17
     
    This has been in the works for several years, part of Erdogan's efforts to restore the glory of the Ottoman Empire with himself at its center.
Paul Merrell

Turkey's HDP to Boycott Vote on Constitutional "Reform" With Opposition Behind Bars - nsnbc international | nsnbc international - 0 views

nsnbc.me/...rm-with-opposition-behind-bars

Turkey constitution amendment maneuvering Erdogan

shared by Paul Merrell on 11 Jan 17 - No Cached
  • Turkey’s leftist HDP announced that the party will boycott a parliamentary vote on constitutional change that would introduce an executive presidential system in the country. Turkey’s CHP also opposes the constitutional change.
  • If adopted by parliament, an executive presidential system will gradually be introduced in Turkey. The constitutional change proposed by Turkey’s Islamist, governing AKP and supported by the MHP, would concentrate political power in the hands of the presidency. Moreover, it would turn parliament into a virtually powerless “rubbe stamp” institution comparable to the parliament in the Islamic Republic of Iran. On Tuesday parliament voted to press on with the debate about a constitutional reform package. The initial vote, seen as an early indicator of support for the bill, was passed with 338 votes. However, the result also showed that some MPs from the ruling AKP and the nationalist opposition MHP, had not voted in favor. Ayhan Bilgen, MP and spokesman for the Peoples’ Democratic Party (HDP), said on Twitter late Monday: “We will not use our vote for this illegitimate reform while our deputies are unjustly under arrest and prevented from carrying out their duties.”  Eleven HDP MPs are currently in prison for alleged links to the Kurdistan Workers’ Party (PKK), which is listed as a “terrorist” organisation by Turkey, the US and the EU. On Monday Turkey’s parliament began debating the draft for the new constitution. A final vote is expected within two weeks.  If the draft is approved by parliament, a referendum is expected to take place within 60 days, indicating a date in late March or early April.
  • Selahattin Demirtas, one of the HDP’s co-leaders, on Monday criticized the debates from behind bars. Demirtas said “the arrest of 11 members of the party had stripped them of their chance to challenge the draft constitution and “makes the debate and the vote controversial from the very start”. On November 4, 2016, 12 Kurdish HDP MPs, including the two co-leaders, Selahattin Demirtas and Figen Yüksekdag, were arrested on charges of links to the PKK. They deny the charges. The HDP drew unwanted attention from Turkey’s ruling AKP and “security services” after it criticized the AKP government for unilaterally ending the ceasefire and peace talks with the PKK in 2015. In May 2016, parliament voted to strip lawmakers of their legal immunity, paving the way for the HDP legislators’ arrests. The HDP was increasingly targeted after the “failed” military coup on July 15,  2016, even though the coup was blamed on Gülenists. Thousands of officials from the HDP have been detained since 2015. Turkey detained over 200 HDP members in December 2016. The AKP needs more than 330 votes a three fifths majority for the bill to be submitted to a referendum for voters’ approval. The opposition CHP also opposes the introduction of a presidential system, although it won’t boycott the vote. The launch of the talks prompted protests, despite the fact that the country still is governed by emergency laws introduced on July 20, 2016, after the “failed” military coup on July 15. Others stress that the introduction of the executive presidential system render the parliament virtually powerless and transforms it into a “rubber stamp assembly” comparable to the parliament in the Islamic Republic of Iran.
  • ...2 more annotations...
  • While most journalists have been too intimidated to report details, and media have largely been put under State control, it has transpired that police has dispersed non-violent protests throughout the country. In some cases police used disproportionate violence and water cannons. “The heads of 100 nongovernmental organizations wanted to come and make statements here (in front of the parliament). But now you see, parliament is under blockade, the roads are closed, there is a TOMA (a water cannon vehicle). We are under siege,” said Aykut Erdogdu, a lawmaker of the Republican people’s Party – CHP. He added: “It is very wrong to block parliament on the eve of such an important constitutional change that will be discussed in parliament.” Erdogdu stressed that the CHP’s parliamentary group will attempt to prolong and if possible stall the “constitutional reform” by issuing proposals and non-confidence motions in order to emphasize their opposition. CHP Deputy Group Chair Özgür Özel, for his part, told the press: “We think that the longer this process is going to be, the more useful it will be, the more likely these mistakes will be realized, and the constitutional proposal will be completely withdrawn.” He added that the discussions which prolonged the process in the parliamentary commission were fruitful in that they created awareness about the importance of the amendment. “We will give speeches on the entire constitutional amendment and then on each item. In addition, we may also propose that the material be removed from the text because it is contrary to the constitution,” Özel added. The governing, Islamist AKP Group’s Deputy Chairperson Mustafa Elitaş, for his part, criticized the CHP’s plan to suggest it would appeal the amendments on the grounds that they are anti-constitutional. He noted that: “The parliamentary spokesperson should not issue that contradiction to the constitution proposal because after the constitution has changed, it will become the material of the constitution”.
  • Semih Yalçın, the MHP deputy leader, also opposed the CHP’s criticism that the amendment would pave the way for a federal system and ultimately the division of the country. Yalçın noted in a written statement that with the efforts of the MHP, the unitary character of the country had been protected and that all the possibilities that would lead to a regime change or division had been eliminated. The AKP and Nationalist Movement Party (MHP) block is making a special effort to prevent any defections from their parties in an effort to reach the 330 votes needed to bring the constitution to the referendum. The total number of votes of the two parties reaches 355, but seven lawmakers from the MHP have already publicly declared their opposition to the package. On Monday Filiz Kerestecioğlu, the Peoples Democracy Party (HDP) Group’s Deputy Chairperson, stressed that the HDP would say “no” to the constitution, adding that the HDP would try to make sure that the lawmakers vote in a secret ballot, despite pressures from the ruling party. He added: “We believe that some lawmakers who have the possibility to say ‘no’ will be pressured by other lawmakers; the government will use man-to-man marking.” The HDP now decided to boycott the vote.
Gary Edwards

Saul Alinsky Leaves the White House | The American Spectator - 0 views

spectator.org/alinsky-leaves-the-white-house

Obama

shared by Gary Edwards on 19 Jan 17 - No Cached
  • Gary Edwards on 19 Jan 17
     
    "When Barack Obama leaves the White House tomorrow, he leaves with his worst dreams unrealized. Still, what he leaves behind is awful. Thank goodness he'll be gone. The very day after Obama was elected in 2008, I predicted in this space that his team would steal the Senate by hook and crook (see: Al Franken); nuke the filibuster at least for judicial nominees; liberalize voting laws (or enforcement thereof) to make fraud easier while charging opponents with "vote suppression"; drum up spurious allegations of civil rights violations; punish anti-abortion protesters; enact "copious new regulations, especially environmental, to be used selectively to ensnare other conservative malcontents"; invasively use the IRS to harass conservative organizations; and tacitly encourage civil unrest in furtherance of Obamite goals. All those predictions of course came true. Obama and company also waged bureaucratic war against independent inspectors general; tried their hardest (even illegally) to hobble fossil fuels industries; evaded Congress's intent by sending cash and uranium to a near-nuclear-ready Iran; fumbled and stumbled while veterans suffered virtually criminal neglect; wasted hundreds of billions of taxpayer dollars on projects that were not "shovel-ready" and did not create many jobs; oversaw an economy in which the workforce participation rate dropped to historically low levels while real median household income also fell and personal debt rose, and in which food stamp rolls grew to a number larger than the population of Spain; horrendously politicized the Justice Department; and saw race relations worsen for the first time in decades. In what should have been treated by the media as major scandals (or more major than the media represented them), the Obama administration encouraged illegal gun-running to Mexican cartels, with untold numbers of resultant deaths; failed to provide adequate security before or rescue during the Benghazi tragedy; provide
Paul Merrell

Israel's global standing continues to sink, top strategists say | The Electronic Intifada - 0 views

electronicintifada.net/...inues-sink-top-strategists-say

war & peace Israel global-standing

shared by Paul Merrell on 07 Jan 17 - No Cached
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  • Israel’s global standing is continuing to deteriorate, a new report from some of the country’s top strategists concludes. “Israel’s image in Western countries continues to decline, a trend that enhances the ability of hostile groups to engage in actions aimed at depriving Israel of moral and political legitimacy and launch boycotts,” the Institute for National Security Studies (INSS) at Tel Aviv University states in its 2016-2017 Strategic Survey for Israel. The 275-page report, authored by a who’s who of figures from Israel’s political, intelligence and military establishment, was presented on Monday to Israeli President Reuven Rivlin by INSS director Amos Yadlin, a former air force general and head of Israeli military intelligence. It notes in particular that “the international campaign to delegitimize Israel continues, as reflected in the BDS movement,” a reference to the growing Palestinian-led boycott, divestment and sanctions campaign. Israel habitually describes advocacy for full rights for Palestinians, or criticism of its abuses, as “delegitimization.” The report says that Israel’s “current right-wing government has contributed to this deterioration,” as have “anti-democratic legislative initiatives,” as well as international concerns about Israel’s “overreaction” to what it terms a “wave of terrorist attacks” by Palestinians.
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  • According to the report, Israel’s efforts to compensate for its deteriorating relations with its traditional supporters, by bolstering ties with “non-democratic countries, especially Russia and China, are looked down upon in the international arena.” There is “no sign that [such countries] are willing to give Israel the political, scientific, technological and military support it receives from other countries, mainly the United States and some European countries,” the report states. This is particularly worrying for Israel given that the “status of the United States in the Middle East continues to weaken” as does its commitment to maintaining its hegemony in the Middle East, an alliance Israel relies on for ensuring its “power and deterrence.” “Despite good relations between Moscow and Jerusalem, Russia is not a substitute for security, political and economic support by the United States and the West,” the report concludes. While Israeli leaders expect close relations with the United States under President Donald Trump, the report warns that his administration is expected to “reinforce isolationist trends.” It also notes trends within the United States that threaten long-term support for Israel. During President Barack Obama’s term, “the notion that the two nations have ‘shared values,’ appears to have eroded with the perceived weakening of Israel’s democratic ethos.” Similarly, the report finds an “erosion” of the identification Jewish Americans feel with Israel, which is also “bound to have harmful repercussions for Israel.”
  • There is also polarization: conservative support for Israel remains strong, while liberals are increasingly ambivalent, displaying a “greater inclination to view the Palestinian plight as analogous to apartheid.” This sentiment, the report adds, is helping fuel the BDS movement, which is “now widespread on American campuses” and could affect US-Israel relations in the future.
  • Israel’s top strategists recognize that the stalemate with the Palestinians is a major contributor to the deterioration of Israel’s global standing. It is also an obstacle to fostering closer and more public ties with sectarian dictatorships like Saudi Arabia, whose publics still strongly support the Palestinian cause. While the INSS reports sees no realistic possibility of movement toward a two-state solution in the foreseeable future, its authors fear a continuing slide down a “slope leading toward a one-state reality” – a warning similar to that given by outgoing US Secretary of State John Kerry last month. But INSS has no new ideas for how to get Israel out of its predicament. Indeed the report tries to revive the concept of “unilateral separation” that was proposed by the governments of Ariel Sharon and Ehud Olmert more than a decade ago. The idea is to consolidate Israeli settlements in large parts of the occupied West Bank, pacify the Palestinian population through improved economic conditions and strengthen the Israeli-backed Palestinian Authority police-state regime to keep Palestinians under tight control. The separation would be cosmetic, however, since at all times Israel’s occupation forces and Shin Bet secret police would maintain “complete freedom of action” throughout the West Bank. Eventually, Israel might recognize a “Palestinian state within provisional borders” in up to 65 percent of the West Bank, while it effectively annexes large areas it has settled west of the separation wall it has built in the occupied territory.
  • The report acknowledges that “a severe humanitarian crisis already prevails in the Gaza Strip,” which has been under a decade-long Israeli blockade, supported by Egypt’s military rulers. This will inevitably lead to another major escalation of violence, unless something is done to alleviate the situation, the authors warn. That too could further erode Israel’s position. The INSS proposes such measures as building a port in Gaza and improving the infrastructure.
Paul Merrell

Israeli Attorney General Opens Inquiry Into Netanyahu Amid Police Investigation - Israel News - Haaretz - 0 views

www.haaretz.com/...1.730071

Israel Netanyahu money-laundering investigation

shared by Paul Merrell on 12 Jul 16 - No Cached
  • Attorney General Avichai Mendelblit has instructed that an investigation related to Prime Minister Benjamin Netanyahu be opened, his office said on Sunday.
  • On Friday, Israeli media reported that the latest police investigation into Netanyahu's affairs involves suspicions of money laundering on a wide-scale. The suspicion pertains to the alleged transfer of "large sums" to either Netanyahu or one of his family members and is not linked to campaign or political funding, Channel 2's senior diplomatic correspondent Amnon Abramovich said. Israel's Channel 2 reported Saturday the investigation focuses on funds allegedly received by a Netanyahu family member. The report said the alleged funds were not used for political purposes.
Paul Merrell

Israeli Attorney General Opens Inquiry Into Netanyahu Amid Police Investigation - Israel News - Haaretz - 0 views

www.haaretz.com/...1.730071

Israel Netanyahu money-laundering investigation

shared by Paul Merrell on 12 Jul 16 - No Cached
  • Attorney General Avichai Mendelblit has instructed that an investigation related to Prime Minister Benjamin Netanyahu be opened, his office said on Sunday.
  • On Friday, Israeli media reported that the latest police investigation into Netanyahu's affairs involves suspicions of money laundering on a wide-scale. The suspicion pertains to the alleged transfer of "large sums" to either Netanyahu or one of his family members and is not linked to campaign or political funding, Channel 2's senior diplomatic correspondent Amnon Abramovich said. Israel's Channel 2 reported Saturday the investigation focuses on funds allegedly received by a Netanyahu family member. The report said the alleged funds were not used for political purposes.
Paul Merrell

Brussels Attack: Implications of Alleged ISIS Links - nsnbc international | nsnbc international - 0 views

nsnbc.me/...ications-of-alleged-isis-links

war & peace ISIL Brussels-attack U.S.-foreign-policy false-flag

shared by Paul Merrell on 23 Mar 16 - No Cached
  • Just days after arresting French-born Belgium national  and terror suspect Salah Abdeslam in Brussels, a coordinated terror attack unfolded in the very same city, killing at least 28, and injuring many more.
  • NBC News has already  announced that European officials are linking the attack to ISIS, though it is unclear whether or not Abdeslam’s network – which carried out the November 2015 Paris terror attacks – was directly involved.
  • Police in Brussels were still hunting for several other alleged accomplices of Abdeslam, including Najim Laachraoui and Mohamed Abrini. Laachraoui and Abrini, like virtually every other suspect involved in a string of terrorist attacks across North America, Europe, and Australia, were well known to Western security agencies, having both been documented as having traveled to Syria to fight against Damascus under ISIS, with Abrini having been arrested and jailed several times in the past, and Laachraoui already having a 2014 international arrest warrant issued for him in connection to a trial involving recruiting Europeans to fight for ISIS.
  • ...5 more annotations...
  • In other words, all of the suspects have been under the nose, on the radar, and in the prisons of Western security agencies on and off for years, yet were still able to carry out at least one high profile terrorist attack – possibly two, and with the vast majority of the suspects involved having traveled to Syria to fight alongside ISIS before inexplicably being allowed to re-enter Europe and rejoin society without consequence – as if inviting them to take their extremism to the next level.
  • The Guardian’s “Brussels attack: were they revenge for Abdeslam’s arrest?,” attempted to link the bombings in Brussels to the arrest of Abdeslam and the Paris attack terror network. The op-ed acknowledges that these terrorist attacks are being carried out by locals – Europeans – using local resources. Should the Brussels attack be linked to this same terror network, it will greatly complicate efforts by some to leverage this tragedy to further their agendas against refugees and even to change the dynamics of the war in Syria itself. Europeans are clearly already being radicalized and then leaving to Syria to fight alongside ISIS and then returning – rather than a torrent of foreigners streaming in from abroad and carrying out violence against European targets. Should the Brussels attack turn out to be the work of this ISIS-linked terror group, considering the familiarity European security agencies had with all the suspects long before even the 2015 Paris attacks, indicates criminal negligence at best, and complicity at worst.
  • ISIS’ own alleged agenda of transforming the world into a “caliphate” is cartoonishly absurd. In reality, it is clear that ISIS shows up and exercises force in regions of the world the US and its allies cannot intervene in directly. This includes North Africa, the Middle East, and even as far as Asia. Far from a “conspiracy theory,” it would be the US’ own Defense Intelligence Agency (DIA) that would admit as much in a leaked 2012 report (.pdf) which stated: If the situation unravels there is the possibility of establishing a declared or undeclared Salafist principality in eastern Syria (Hasaka and Der Zor), and this is exactly what the supporting powers to the opposition want, in order to isolate the Syrian regime, which is considered the strategic depth of the Shia expansion (Iraq and Iran). To clarify just who these “supporting powers” were that sought the creation of a “Salafist” (Islamic) principality” (State), the DIA report explains: The West, Gulf countries, and Turkey support the opposition; while Russia, China, and Iran support the regime.
  • Between this admission, and an earlier exposé in 2007 by veteran journalist Seymour Hersh in his New Yorker piece titled, “The Redirection” where US and Saudi plans to use Al Qaeda to wage proxy war on Syria and Iran were revealed, it is clear that both Al Qaeda and ISIS are being used by the West to wage war on Damascus, Baghdad, Tehran, and even Moscow. ISIS supply lines clearly, even admittedly run from NATO territory in Turkey where the US and its regional allies have categorically failed to interdict them and even appear to be aiding and abetting the flow of men and materiel into ISIS-held territory in Syria and Iraq. These supply lines are what has allowed pressure to be continuously placed upon Damascus and its allies over the past 5 years in ways nonexistent “moderate rebels” couldn’t.
  • In Indonesia, as Jakarta clearly began re-balancing toward Beijing, ISIS carried out its first deadly attack on the Southeast Asian nation. Thailand’s similar re-balancing also prompted threats from the US that an “ISIS attack” was imminent. In Europe, where the flames of a “clash of civilizations” are being furiously and intentionally fanned, ISIS serves as a constant implement to empower extremists on both sides, while drowning out the voices of unity, moderation, and peace in the middle. It allows for a growing police state and xenophobic tendencies to flourish at home, while justifying further war abroad. While some Western newspapers are already trying to frame the Belgium attack as “incompetence” by European security agencies, there must be a better explanation as to why this “war with ISIS” continues to drag on, when the source of ISIS’ fighting capacity appears to be within rather than beyond the West – and aiding rather than opposing Western special interests.
  • Paul Merrell on 23 Mar 16
     
    Reeks of a false flag attack.
latesturdunews

Karachi police ki ahem karwaiya | Samaa Urdu News - 0 views

goo.gl/aCMw1w

urdu news Karachi Police Sindh

shared by latesturdunews on 17 Mar 16 - No Cached
  • latesturdunews on 17 Mar 16
     
    کراچی: شہر کےمختلف علاقوں میں قانون نافذ کرنیوالےاداروں نے بارہ ملزمان کو گرفتار کرلیا۔ منگھوپیرمیں مبینہ پولیس مقابلے میں ملزم ہلاک ہوگیا۔ کراچی کےعلاقےمنگھوپیر میں مبینہ پولیس مقابلے میں ایک ملزم ہلاک ہوگیا۔ پولیس کے مطابق ملزم کی...
Paul Merrell

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

www.reuters.com/...s-hawaii-gun-law-idUSKCN0ZA3IP

2nd-Amendment firearm-registration Hawaii FBI

shared by Paul Merrell on 28 Jun 16 - No Cached
  • 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.
  • Paul Merrell on 28 Jun 16
     
    Goverrnment tracking of those who exercise a constitutional right? Scary stuff.
Gary Edwards

Should We Worry about the Class Divide? - 0 views

dailyreckoning.com/e-worry-about-the-class-divide

Class-Warfare Class-Welfare Charles-Murray daily-recknoning Liberty Libertarian

shared by Gary Edwards on 11 Apr 12 - No Cached
  • Gary Edwards on 11 Apr 12
     
    Excellent review of Charles Murray's new book on Class Warfare, "Coming Apart".  Excellent libertarian commentary hits hard on solutions pouring out of the both the left and the right advocating the use of big government force and power to level the class divide.  Whatever happened to individual liberty and the Constitution? excerpt: This is what the debate is about. To the left, the answer about what to do is completely obvious. We need massive government programs to boost the lowers, and we need new taxes and punishments to whack the uppers good and hard. Never mind that the programs for the lowers don't work and the punishments on the rich end up only bolstering a new government elite that lords it over everyone. The right has a different solution. Well, not everyone on the right, but those neoconservatives who take it as a given that every coherent nation needs a unified national culture. To quote David Brooks: "We need a program that would force members of the upper tribe and the lower tribe to live together, if only for a few years. We need a program in which people from both tribes work together to spread out the values, practices and institutions that lead to achievement. If we could jam the tribes together, we'd have a better elite and a better mass." No thanks on this Stalinist plan. The right is just like the left in this sense: If there is a national problem, it needs a solution imposed by force. The left favors looting people, whereas the right favors Tasing people. Either way, it is all about increasing the police powers of the state. On the extremes, the left wants total expropriation to make everyone equally poor, whereas the right wants total war to unify us all in a grand project of killing and being killed. This is what worries me most about the Murray thesis. No matter where you look for answers, the solutions actually seem worse than the problem itself. More fundamentally, we have to ask: What is the problem we are actually tryin
Gary Edwards

WW3 - What is the New World Order (NWO)? - 0 views

www.threeworldwars.com/new-world-order.htm

Albert-Pike Illuminati New-World-Order World-Wars Conspiracy Banksters

shared by Gary Edwards on 13 Apr 12 - Cached
  • Gary Edwards on 13 Apr 12
     
    So, i'm researching Albert Pike and his 1871 Luciferian dream wher a plan for three world wars set the stage for the rule of a New World Order is laid out and described.  And i find this incredible piece of research.  This is actually page 3 in a series of Web articles that begins with "The Conspiracy", leads to Albert Pike and how the Illuminati Luciferians infiltrated many gorups and organizations, clipping off the leadership and subsuming those select individuals into a super secret Luciferian order.  Incredible.  This page describes "The New World Order".  Chilling. excerpt: Introduction The following article is extracted from an excellent analysis of the New World Order by author Ken Adachi which can be found at educate-yourself.org . The term New World Order (NWO) has been used by numerous politicians through the ages , and is a generic term used to refer to a worldwide conspiracy being orchestrated by an extremely powerful and influential group of genetically-related individuals (at least at the highest echelons) which include many of the world's wealthiest people, top political leaders, and corporate elite, as well as members of the so-called Black Nobility of Europe (dominated by the British Crown) whose goal is to create a One World (fascist) Government, stripped of nationalistic and regional boundaries, that is obedient to their agenda. Listen to the Zionist* banker, Paul Warburg: "We will have a world government whether you like it or not. The only question is whether that government will be achieved by conquest or consent." (February 17, 1950, as he testified before the US Senate). Their intention is to effect complete and total control over every human being on the planet and to dramatically reduce the world's population by two thirds. While the name New World Order is the term most frequently used today to loosely refer to anyone involved in this conspiracy, the study of exactly who makes up this group is a complex and intricate
Gary Edwards

Socialism vs Corporatism by Ron Paul - 0 views

www.lewrockwell.com/...paul665.html

Ron-Paul Libertarian Banksters Obammunism

shared by Gary Edwards on 18 Jan 12 - No Cached
  • Gary Edwards on 18 Jan 12
     
    Libertarian Ron Paul argues that Obama isn't a socialist.  He's a corporatist.  Not sure i agree with that assessment.  Obammunism is turning out to be government-by-Banksters, where DEBT is racked up through massive socialist, corporatist, and militarist spending.  The current generation pays the INTEREST only, leaving future generations with massive escalating systemic debt and interest payments.  It's the combination of socialism, corporatism and militarism that makes Obammunism unique, and the Banksters who back it so happy........ The one thing Obammunism is not is "Constitutional". excerpt: Socialism is a system where the government directly owns and manages businesses. Corporatism is a system where businesses are nominally in private hands, but are in fact controlled by the government. In a corporatist state, government officials often act in collusion with their favored business interests to design polices that give those interests a monopoly position, to the detriment of both competitors and consumers.
Gary Edwards

Lawfare › NDAA FAQ: A Guide for the Perplexed - 1 views

www.lawfareblog.com/...-faq-a-guide-for-the-perplexed

NDAA Patriot-AUMF Obammunism

shared by Gary Edwards on 06 Jan 12 - No Cached
  • Gary Edwards on 06 Jan 12
     
    Good legal commentary on the NDAA.  A couple of things are overlooked though.  One is that neither the Senate, House or Executive Branch of government has the authority to suspend, change or alter in any way through a bill, regulation or other instrument of law, the Constitution.  The only Constitutional means of changing the Constitution (or Bill of Rights amendments) is that of amending the Constitution.  A ratification process process requiring super majorities of Congress (67%) and the States (75%).
    IMHO, both the NDAA and the Patriot-Act AUMF are un-Constitutional.  But as the Lawfare article points out, on those few occasions where this crap has been legally challenged, the Courts have upheld Habeas Corpus and the Constitution.
    The more troublesome aspect of the NDAA is twofold.  One is that Obama assumes that the AUMF has already given him legal authority to stomp on the Posse Comitatus Act, and use the federal military as his own domestic police force.  Obama has also stated that under the 2001 AUMF, he can assault, arrest and detain any citizen indefinitely, without charges, writ of Habeas Corpus, or warrant.  (See Jonathan Hurley's account of the the legal seminar where Obama representatives explained their interpretation of AUMF, the Patriot Act and NDAA).  
    That's a scary interpretation of the AUMF quite out of line with Bush understanding and actual implementation, and, more importantly, how the Courts ruled on Bush's actions in support of the Constitution. Anyone know where i can sign on to a petition presenting a Bill of Particulars for Articles of Impeachment?  It's past time. NDAA FAQ: A Guide for the Perplexed by Benjamin Wittes (Benjamin Wittes & Robert Chesney)
    The volume of sheer, unadulterated nonsense zipping around the internet about the NDAA boggles the mind. There was a time-only a few months ago-when the NDAA detention provisions were the obscure province of a small group of national security law nerds.
Paul Merrell

Anti-austerity violence: Video of riot police clashing with protesters in Madrid - YouTube - 0 views

www.youtube.com/watch

hard times economy Spain

shared by Paul Merrell on 27 Sep 12 - No Cached
  • Riot police clash with protesters as they have ringed the Spanish parliament in Madrid where thousands gather for a march against austerity tagged "Occupy Congress".
Paul Merrell

Glassholes: A Mini NSA on Your Face, Recorded by the Spy Agency | Global Research - 0 views

www.globalresearch.ca/...5367764

surveillance state Google-Glass NSA facial-recognition

shared by Paul Merrell on 09 Feb 14 - No Cached
  • eOnline reports: A new app will allow total strangers to ID you and pull up all your information, just by looking at you and scanning your face with their Google Glass. The app is called NameTag and it sounds CREEPY. The “real-time facial recognition” software “can detect a face using the Google Glass camera, send it wirelessly to a server, compare it to millions of records, and in seconds return a match complete with a name, additional photos and social media profiles.” The information listed could include your name, occupation, any social media profiles you have set up and whether or not you have a criminal record (“CRIMINAL HISTORY FOUND” pops up in bright red letters according to the demo).
  • Since the NSA is tapping into all of our digital communications, it is not unreasonable to assume that all of the info from your digital glasses – yup, everything – may be recorded by the spy agency. Are we going to have millions of mini NSAs walking around recording everything … glassholes? It doesn’t help inspire confidence that America’s largest police force and Taser are beta-testing Google Glasses. Postscript: I love gadgets and tech, and previously discussed the exciting possibilities of Google Glasses. But the NSA is ruining the fun, just like it’s harming U.S. Internet business.
  • Paul Merrell on 09 Feb 14
     
    Thankfully, there's buddying technology to block computer facial-recognition algorithms. http://tinyurl.com/mzfyfra On the other hand, used Hallowe'en masks can usually be purchased inexpensively from some nearby school kids at this time of year. Now if I could just put together a few near-infrared LEDs to fry a license plate-scanner's view ...  
Gary Edwards

An interview with Lt. Gen. Ion Pacepa, the highest ranking Soviet bloc intel officer to ever defect | TheBlaze.com - 0 views

www.theblaze.com/...c-intel-officer-to-ever-defect

Ion-Pacepa

shared by Gary Edwards on 15 Feb 14 - No Cached
  • In a gripping interview with Blaze Books in connection with his most-recent title, “Disinformation“, the highest-ranking Soviet bloc intelligence officer to ever defect, Lt. Gen. Ion Pacepa provided his insights on a wide array of topics, from Putin’s Russia to the disinformation campaign to rebrand Pope Pius XII to “Hitler’s Pope” to the links between Leftism and anti-Semitism to the Boston bombing, and all things in-between.
  • Playing devil’s advocate here, some might argue that since the Soviet Union was defeated, Americans shouldn’t care about a book on Soviet disinformation tactics. What would you say to these people? Pacepa: The very idea that the Soviet Union was defeated is disinformation in itself. The Soviet Union changed its name and dropped its façade of Marxism, but it remained the same samoderzhaviye, the historical Russian form of autocracy in which a tsar is running the country with the help of his political police. During the Soviet Union, the KGB was a state within the state. Now the KGB is the state. Over 6,000 former KGB officers are running Russia’s federal and local governments. The Soviet Union had one KGB officer for every 428 citizens. In 2004, Russia had one FSB officer for every 297 citizens.
  • How would you describe today’s Russia? Russia today is the first intelligence dictatorship in history. It is a brand new form of totalitarianism, which we are not yet familiar with. Now the KGB, rechristened FSB, is openly running Russia. On Sept. 11, 2002, hordes of former KGB officers gathered in Moscow at the Lubyanka—the headquarters of the old and new KGB. They had not congregated to sympathize with America’s national tragedy of the previous year, but to celebrate the 125th birthday of Feliks Dzerzhinsky—the man who created the most criminal institution in contemporary history. One of my former bosses, KGB chairman Vladimir Semichastny, groused to a crowd: “I think a goal was set to destroy the KGB, to make it toothless.”[1] A few days later, Moscow’s mayor, Yury Lushkov, one of Russia’s most influential politicians, reversed himself by saying he now wanted to restore Dzerzhinsky’s statue to its place on Lubyanka Square. It will not be easy to break Russia’s five-century-old tradition of being a police state. Nevertheless, man would not have learned to walk on the moon had he not first studied what the moon was really made of and where it lay in the universe. This is one reason we wrote “Disinformation.” Let’s hope a new generation of Russians will learn the truth, and will give that immense country a new national identity.
  • ...1 more annotation...
  • Pacepa: That Marxism and its earthly Socialism are immense disinformation operations, and that all they have left behind is former Marxist countries that ended up looking like trailer camps hit by a hurricane, and leaders roasting in Dante’s Inferno. That all Marxists who have ever risen to lead a country have ended up in hell—all, from Trotsky to Stalin, Tito to Enver Hoxha to Mátyás Rakosi, Sékou Touré, Nyeree and Hugo Chavez. That all had their days of temporary glory, but that all ended in eternal disgrace. Some, like Khrushchev and Ceausescu, were even found unworthy of having their final resting place marked by any gravestone. A few remnants, like Fidel and Raul Castro, are still hanging on, but they certainly have a place in hell reserved and waiting for them. Perhaps our book may also help President Obama abandon his craving for Marx’s utopian ideology, “to each according to his need,” which is transforming the United States into a decaying socialist country in all but name.
Paul Merrell

US v. Warshak, 631 F. 3d 266 - Court of Appeals, 6th Circuit 2010 - Google Scholar - 0 views

scholar.google.com/scholar_case

surveillance state Stored-Communications-Act 4th Amendment

shared by Paul Merrell on 14 Feb 14 - No Cached
  • While a letter is in the mail, the police may not intercept it and examine its contents unless they first obtain a warrant based on probable cause. Ibid. This is true despite the fact that sealed letters are handed over to perhaps dozens of mail carriers, any one of whom could tear open the thin paper envelopes that separate the private words from the world outside. Put another way, trusting a letter to an intermediary does not necessarily defeat a reasonable expectation that the letter will remain private. See Katz, 389 U.S. at 351, 88 S.Ct. 507 ("[W]hat [a person] seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected."). Given the fundamental similarities between email and traditional forms of communication, it would defy common sense 286*286 to afford emails lesser Fourth Amendment protection. See Patricia L. Bellia & Susan Freiwald, Fourth Amendment Protection for Stored E-Mail, 2008 U. Chi. Legal F. 121, 135 (2008) (recognizing the need to "eliminate the strangely disparate treatment of mailed and telephonic communications on the one hand and electronic communications on the other"); City of Ontario v. Quon, ___ U.S. ___, 130 S.Ct. 2619, 2631, 177 L.Ed.2d 216 (2010) (implying that "a search of [an individual's] personal e-mail account" would be just as intrusive as "a wiretap on his home phone line"); United States v. Forrester, 512 F.3d 500, 511 (9th Cir.2008) (holding that "[t]he privacy interests in [mail and email] are identical"). Email is the technological scion of tangible mail, and it plays an indispensable part in the Information Age.
  • Over the last decade, email has become "so pervasive that some persons may consider [it] to be [an] essential means or necessary instrument[] for self-expression, even self-identification." Quon, 130 S.Ct. at 2630. It follows that email requires strong protection under the Fourth Amendment; otherwise, the Fourth Amendment would prove an ineffective guardian of private communication, an essential purpose it has long been recognized to serve. See U.S. Dist. Court, 407 U.S. at 313, 92 S.Ct. 2125; United States v. Waller, 581 F.2d 585, 587 (6th Cir.1978) (noting the Fourth Amendment's role in protecting "private communications"). As some forms of communication begin to diminish, the Fourth Amendment must recognize and protect nascent ones that arise. See Warshak I, 490 F.3d at 473 ("It goes without saying that like the telephone earlier in our history, e-mail is an ever-increasing mode of private communication, and protecting shared communications through this medium is as important to Fourth Amendment principles today as protecting telephone conversations has been in the past.").
  • If we accept that an email is analogous to a letter or a phone call, it is manifest that agents of the government cannot compel a commercial ISP to turn over the contents of an email without triggering the Fourth Amendment. An ISP is the intermediary that makes email communication possible. Emails must pass through an ISP's servers to reach their intended recipient. Thus, the ISP is the functional equivalent of a post office or a telephone company. As we have discussed above, the police may not storm the post office and intercept a letter, and they are likewise forbidden from using the phone system to make a clandestine recording of a telephone call—unless they get a warrant, that is. See Jacobsen, 466 U.S. at 114, 104 S.Ct. 1652; Katz, 389 U.S. at 353, 88 S.Ct. 507. It only stands to reason that, if government agents compel an ISP to surrender the contents of a subscriber's emails, those agents have thereby conducted a Fourth Amendment search, which necessitates compliance with the warrant requirement absent some exception. In Warshak I, the government argued that this conclusion was improper, pointing to the fact that NuVox contractually reserved the right to access Warshak's emails for certain purposes. While we acknowledge that a subscriber agreement might, in some cases, be sweeping enough to defeat a reasonable expectation of privacy in the contents of an email account, see Warshak I, 490 F.3d at 473; Warshak II, 532 F.3d at 526-27, we doubt that will be the case in most situations, and it is certainly not the case here.
  • ...1 more annotation...
  • Accordingly, we hold that a subscriber enjoys a reasonable expectation of privacy in the contents of emails "that are stored with, or sent or received through, a commercial ISP." Warshak I, 490 F.3d at 473; see Forrester, 512 F.3d at 511 (suggesting that "[t]he contents [of email messages] may deserve Fourth Amendment protection"). The government may not compel a commercial ISP to turn over the contents of a subscriber's emails without first obtaining a warrant based on probable cause. Therefore, because they did not obtain a warrant, the government agents violated the Fourth Amendment when they obtained the contents of Warshak's emails. Moreover, to the extent that the SCA purports to permit the government to obtain such emails warrantlessly, the SCA is unconstitutional.
  • Paul Merrell on 14 Feb 14
     
    A 2010 decision by the U.S. 6th Circuit Court of Appeals that I had missed up to now. It finds the Stored Communications Act's section that excuses email in the possession of an ISP for more than 180 days from the 4th Amendment's judicial warrant clause. There may yet be hope for cloud computing in the U.S. 
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