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Paul Merrell

Report reveals 9 Israel lobby tactics to silence students | The Electronic Intifada - 0 views

electronicintifada.net/...lobby-tactics-silence-students

war & peace Israel BDS anti-BDS student-faculty-retaliation

shared by Paul Merrell on 31 Oct 15 - No Cached
  • Lawyers have responded to nearly 300 incidents of “censorship, punishment, or other burdening of advocacy for Palestinian rights” filed by Palestine solidarity activists on more than 65 US campuses in the last year and a half. Palestine Legal and the Center for Constitutional Rights (CCR) detail the assault in a new 124-page report, “The Palestine Exception to Free Speech: A Movement Under Attack in the US.” “As the movement for Palestinian rights is growing in the US, so too are concerted efforts to silence any and all criticism of Israel,” said Radhika Sainath, staff attorney with Palestine Legal and cooperating counsel with CCR. A video featuring students and members of faculty who have experienced silencing, repression and intimidation was also released by Palestine Legal and CCR and can be viewed above.
  • The report, which is the first of its kind, documents the suppression of Palestine advocacy in the US and identifies nine separate tactics Israel lobby groups use to crush Palestine solidarity activism — especially on campuses. The groups say that 85 percent of the hundreds of incidents to which Palestine Legal has responded since 2014 involving the targeting of students and scholars “include baseless legal complaints, administrative disciplinary actions, firings, harassment and false accusations of terrorism and anti-Semitism.” Such tactics have a chilling effect on speech, the report says. “These strategies … [result in] intimidating or deterring Palestinian solidarity activists from speaking out. The fear of punishment or career damage discourages many activists from engaging in activities that could be perceived as critical of Israel,” the report says. Sainath told The Electronic Intifada that “on the one hand, we’ve seen that peoples’ lives and reputations have been destroyed because of speaking out critically about Israel’s policies — one example is professor Steven Salaita, [whose story] is covered in the report.” Salaita was fired from the University of Illinois after he expressed his criticism of Israel’s attack on Gaza in the summer of 2014.
  • Meanwhile, lawyers and students say they are bracing for an array of dirty tactics being planned by Israel lobby groups. Earlier this year, Republican party mega-donor Sheldon Adelson, along with Haim Saban, billionaire supporter of the Democratic party, poured tens of millions of dollars into Israel lobby groups on campus with the explicit intent of suppressing Palestine rights-based organizing. “One of the things that we’re concerned about and preparing for is a wave of anti-boycott legislation,” Sainath said, “as well as increased efforts to stop students from introducing referendums or resolutions for Palestinian rights.”
  • ...2 more annotations...
  • Also today, Jewish Voice for Peace (JVP) released a 79-page report, “Stifling Dissent: How Israel’s Defenders Use False Charges of Anti-Semitism to Limit the Debate over Israel on Campus.” It lays out in detail the methods that Israel lobby groups use to stifle debate about Palestine. It also includes numerous case studies and accounts of employment discrimination against US professors who have been targeted for their political views on Israel. Tallie Ben-Daniel, academic advisory council coordinator for JVP, told The Electronic Intifada that the report grew out of concerns over “the climate of repression” around speech critical of Israel, especially following Salaita’s firing.
  • Ben-Daniel said that young Jews “are more critical of Israeli state policy than ever before, and are building coalitions through their Palestine solidarity work — and yet are silenced by the very organizations that are supposed to represent them on campus.” One section of JVP’s report “details how Jewish students are subjected to a political litmus test on Israel in order to participate in Jewish institutional life on campus.” Organizations such as Hillel, JVP points out, demand that their members abide by guidelines which prohibit co-sponsoring or supporting events of speakers who are critical of Israeli policies and who support the Palestinian-led boycott, divestment and sanctions (BDS) campaign. Ben-Daniel added that JVP’s report “only tallies the cases that gained national attention — there are innumerable more Jewish students who in all probability do not participate in institutional Jewish campus life because of this litmus test.” JVP says that the report is meant to educate and provide resources to students and faculty alike who may be facing repression or silencing on campus and in classrooms.
  • Paul Merrell on 31 Oct 15
     
    A sign that BDS is beginning to make Israeli government truly worried about economic impacts, the Adelson/Saban big donations for anti-BDS work on U.S. college campuses. 
Paul Merrell

Courthouse News Service - 0 views

www.courthousenews.com/...sive-testimony-for-chevron.htm

Ecuador Chevron litigation Guerra perjury Kaplan

shared by Paul Merrell on 30 Oct 15 - No Cached
  • During secret proceedings in Washington, a key witness in undermining the $9.5 billion judgment Chevron faces in Ecuador repudiated much of his explosive testimony, transcripts made public today show.     Since agreeing to testify for the oil giant, Judge Alberto Guerra's fortunes have changed, and so have Chevron's.     Roughly two years ago, Guerra took to the witness stand in a New York federal courtroom and swore that lawyers for rainforest villagers bribed him to ghostwrite a multibillion-dollar Ecuadorean court judgment against Chevron for oil contamination to the Amazon jungle.     About a year before he made a deal with Chevron, Guerra had little more than $100 to his name. He also owed tens of thousands of dollars in debt and could not afford to visit his children living in the United States.     U.S. District Judge Lewis Kaplan had warned early on in proceedings that he did not "assume that anyone's hands in this are clean," yet he credited Guerra's testimony last year in ruling that the Ecuadoreans obtained their award "by corrupt means."     The Ecuadoreans have long attacked Guerra, who has a contract with Chevron for various perks, including at least $326,000, an immigration attorney and a car, as a "paid-for" participant in the oil giant's self-styled witness-protection program.     Kaplan's decision conceded that "Guerra's credibility is not impeccable," but found that his account was "corroborated extensively by independent evidence."
  • Both that credibility and the corroborating evidence came under withering attack this year during closed-door proceedings before an international arbitration tribunal.     Though the hearings took place without press or public access at the World Bank in Washington on April 23 and 24, the tribunal agreed to release transcripts of the proceedings in response to a Courthouse News request that the Reporters Committee for Freedom of the Press supported.     Courthouse News obtained advanced copies of more than 3,000 pages of transcripts, which were formally released on Monday.     They show Guerra putting a new twist on an old saying. "Money talks, gold screams," Guerra said in a June 25, 2012, meeting with Chevron representatives - a meeting Chevron recorded.     Testifying about this comment at the arbitration hearing, Guerra said Chevron showed him a safe filled with money. He recounted Chevron's representatives telling him: "Look, look, look what's down there. We have $20,000 there."     He remembered replying: "Oh, OK, very well, very well."     Guerra said he had only $146 in his bank account a year earlier, and owed tens of thousands more to finish the construction of his house. He said he could not scrape money for airfare to visit his children in the United States.
  •  Minutes from Guerra's meeting with Chevron that came to light during the tribunal proceedings showed that Chevron's lawyers hoped to find evidence that the Ecuadorean government had pressured the Guerra to rule against the company.     Guerra disappointed by saying that Ecuadorean President Rafael Correa's administration "never butted in" to the process, the transcript shows.     "These guys are idiots, but the truth, the truth, I attest, damn, they never got involved," Guerra added, referring to Correa's government.     The remark appears to undercut the foundation of Chevron's arbitration case, which asks the tribunal to blame the Ecuadorean government for a miscarriage of justice.     Guerra stood by those comments on the arbitration panel's witness stand.      "My position is that the government did not intervene," Guerra said.     The only time an Ecuadorean government official tried to elbow into the case, Guerra testified, was under a prior administration. Correa's predecessors pushed to dismiss the case in Chevron's favor in 2003, he said.
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  •  Guerra also acknowledged bluntly on the witness stand that he had lied in telling Chevron's team that attorneys for the Ecuadoreans offered him $300,000.     "Yes, sir, I lied there," Guerra told Eric Bloom, who represents Ecuador for the firm Winston & Strawn. "I wasn't truthful."     Guerra maintains that other attorneys for the Ecuadoreans, specifically Steven Donziger and Pablo Fajardo, offered money in return for ghostwriting the judgment on behalf of Judge Nicolas Zambrano, the final jurist to preside over the case.     Shifting the details of this supposed arrangement, though, Guerra walked back his allegation that Zambrano offered him 20 percent.     "That was my sworn statement in New York, but what I said is that, because of a circumstance, because of a situation, I mentioned 20 percent when it wasn't true, and I think that, as a gentleman, I should say the truth, and we did not discuss - I did not discuss 20 percent with Mr. Zambrano - but we did discuss that he would share with me from what he received," he said.     In his nearly 500-page ruling, Judge Kaplan pointed to bank records, daily planners, shipping records and airplane tickets as corroborating evidence that outweighed Guerra's credibility problems.
  • Particularly persuasive for Kaplan was evidence that Ecuador's national airline, Tame, certified delivery of packages between Guerra and Zambrano.     Guerra told the arbitrators this spring, however, that all 11 of these packages "had nothing to do with the [Chevron] case."     As for his plane tickets to the rainforest from Aug. 11 and 12, 2010, Guerra said they occurred during an irrelevant time period.     "If I traveled during those dates, it wasn't for me to provide assistance to the Chevron case," he said.     Guerra testified that Chevron representatives told him that they would have raised his pay if he could provide them with the key physical evidence they were looking for: a draft of the judgment.     "We were unable to find the main document," Guerra recalled them saying. "Had we been able to find it, we would have been able to offer you a larger amount, something like that, we have $18,000 for you, and we're going to take the computer with us."     Though Guerra did not have a copy of the judgment, Ecuador's forensic expert Christopher Racich testified that he found a running draft of the judgment against Chevron on Zambrano's hard drives.
  • Ecuador now argues that this forensic evidence - which Courthouse News reported exclusively early this year - proves Zambrano painstakingly wrote the ruling and saved it hundreds of times throughout the case.     Chevron has not been able to produce emails between Guerra, Zambrano and the purported ghostwriters, Donziger and Fajardo, Ecuador's forensic expert says.     Guerra acknowledged to the arbitrators that that the bounty of physical evidence he promised Chevron fell short.     There are no calendars and day planners marked with meetings scheduled between Fajardo, Donziger or Guerra, he acknowledged.     While Guerra said he had payments from Zambrano from April 2011 and February 2012, he testified that these "had no connection to the Chevron case."     For Chevron, the thousands of pages of transcripts show that the company "proved its case before the International Arbitration Tribunal."     "Witness and expert testimony confirmed that the Ecuadorean judgment against Chevron was ghostwritten by Steven Donziger and his team and that the Ecuadorian government is responsible for any further remediation," Chevron spokesman Morgan Crinklaw said in a statement. "Chevron also proved that Ecuador breached the U.S.-Ecuador Bilateral Investment Treaty and international law."     Donziger, who still works for the Ecuadorean villagers seeking to collect from Chevron, said in a statement that Guerra's latest testimony "demonstrates once and for all that Chevron's so-called racketeering case has completely fallen apart."
  •   "Guerra has been the linchpin of Chevron's entire body of trumped up evidence and he now stands not only as an admitted liar, but also as a shocking symbol of how Chevron's management has become so obsessed with evading its legal obligations in Ecuador that it is willing to risk presenting false evidence in court to try to frame adversary counsel and undermine the rule of law," Donziger added.
  • Paul Merrell on 30 Oct 15
     
    Chevron has a "witness-protection program" as an excuse for paying off witnesses? And for paying them to lie under oath, it appears. Never in my legal career did I ever here of a non-governmental entity with a witness protection program. This reeks to high heavens.  Hats off to Courthouse News for digging deep on this one.   
Paul Merrell

Still Secret: Second Circuit Keeps More Drone Memos From the Public | Just Security - 0 views

www.justsecurity.org/...ret-circuit-drone-memos-public

tyranny secret-law targeted-killing OLC-opinions FOIA litigation

shared by Paul Merrell on 01 Dec 15 - No Cached
  • Secret law has been anathema to our democracy since its Founding, but a federal appeals court just gave us more of it.
  • We might forgive the citizenry’s confusion, though, in attempting to square those principles with the decision by the Second Circuit Court of Appeals, published yesterday, holding that the government may continue to keep secret nine legal memoranda by the Justice Department’s Office of Legal Counsel analyzing the legality of targeted killings carried out by the US government. It was just more than a year ago that the same panel of the same court ordered the government to disclose key portions of a July 2010 OLC memorandum that authorized the targeted killing of an American citizen in Yemen. At the time, the court’s opinion seemed to promise at least a partial solution to a problem straight (as the district court in the same case put it) from Alice in Wonderland: that [a] thicket of laws and precedents … effectively allow the Executive Branch of our Government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws, while keeping the reasons for its conclusion a secret.
  • Yesterday’s opinion retreats from that promise by keeping much of the government’s law of the targeted killing program secret. (In this and two other cases, the ACLU continues to seek more than 100 other legal memoranda authored by various agencies concerning targeted killing.) It does so in two ways that warrant attention. First, the court suggests that OLC merely gives advice to executive branch agencies, and that OLC’s legal memoranda do not establish the “working law” of the government because agencies might not “adopt” the memoranda’s legal analysis as their own. This argument is legally flawed and, moreover, it flies in the face of the public evidence concerning how the executive branch treats opinions issued by OLC. In an OLC memorandum published, ironically or not, the same day (July 16, 2010) and over the same signature (David Barron’s) as the targeted killing memorandum released at the Second Circuit’s behest last year, the OLC explains that its “central function” is to provide “controlling legal advice to Executive Branch officials.” And not even two weeks ago, the acting head of the OLC told the public that even informally drafted legal advice emanating from his office is “binding by custom and practice in the executive branch,” that “[i]t’s the official view of the office, and that “[p]eople are supposed to and do follow it.”
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  • But that’s not what the government told the Second Circuit, and it’s not what the Second Circuit has now suggested is the law. Second, the Second Circuit’s new opinion endorses the continued official secrecy over any discussion of a document that has supplied a purported legal basis for the targeted killing program since almost immediately after the September 11 attacks. The document — a September 17, 2001 “Memorandum of Notification” — is not much of a secret. The government publicly identified it in litigation with the ACLU eight years ago; the Senate Intelligence Committee cited it numerous times in its recent torture report; and the press frequently makes reference to it. Not only that, but the Central Intelligence Agency’s former top lawyer, John Rizzo, freely discussed it in his recent memoir. According to Rizzo, the September 17 MON is “the most comprehensive, most ambitious, most aggressive, and most risky” legal authorization of the last decade and a half — which is saying something. Rizzo explains that the MON authorizes targeted killings of suspected terrorists by the CIA, and in his new book, Power Wars, Charlie Savage reports that the MON is the original source of the controversial (and legally novel) “continuing and imminent threat” standard the government uses to govern the lethal targeting of individuals outside of recognized battlefields. The MON is also likely to have authorized an end run around the assassination “ban” in Executive Order 12333 — a legal maneuver that is discussed in, but almost entirely redacted from, an earlier OLC analysis of targeted killing.
  • In yesterday’s opinion, the Second Circuit upheld the government’s withholding of a 2002 OLC memorandum that “concerns Executive Order 12333,” which almost certainly analyzes the effect of the September 17 MON, as well as of five other memoranda that “discuss another document that remains entitled to protection.” If indeed that “document” is the MON, it would seem to be yet another case of what the DC Circuit pointedly criticized, in a 2013 opinion, as the granting of judicial “imprimatur to a fiction of deniability that no reasonable person would regard as plausible.” In that case, the DC Circuit went on to quote Justice Frankfurter: “‘There comes a point where … Court[s] should not be ignorant as judges of what [they] know as men’ and women.” Last year, the Second Circuit took that admonishment to heart when it published the July 2010 OLC memorandum. Unfortunately, yesterday, rather than once again opening the country’s eyes to the law our government is applying behind closed doors, the Second Circuit closed its own.
Paul Merrell

Britain Considers Pulling out of European Convention on Human Rights when Armed Forces Sent into Combat - 0 views

theantimedia.org/-armed-forces-sent-into-combat

war & peace UK human rights ECHR damage-claims

shared by Paul Merrell on 20 Oct 15 - No Cached
  • Senior Whitehall figures are drawing up controversial plans to ensure that Britain’s armed forces will no longer be subject to legal claims by their enemies over human rights violations.Guaranteed to have Brits in Middle England choking on their morning croissants, Saturday’s claims from right-wing mouthpiece, The Telegraph, insisted that taxpayers are facing a bill of £150 million to defend British soldiers being sued by “enemy fighters” for breaching their human rights. The Telegraph claimed that over 2,000 compensation claims and judicial reviews are being prepared by lawyers in the aftermath of the wars in Afghanistan and Iraq as part of a growing litigation culture that is encroaching on the ability of the armed forces to do their jobs.So far, 500 judicial review applications have been lodged, with 1,200 claims for compensation against the Ministry of Defense for alleged abuse, unlawful detention, and unlawful killing in Iraq.Further, an estimated 800 compensation cases from Afghanistan could follow.
  • Defence secretary Michael Fallon is so dismayed at what he calls the “increasing encroachment of human rights law into the battlefield,” that he is determined to take steps to stem the tide of legal action.Some of the planned fightback by ministers should concern everyone:Pulling out of the European Convention: Ministers could declare a temporary withdrawal from the European Convention on Human Rights (ECHR) before sending British forces into action in future.Taking legal action against law firms that have brought “bogus” cases against the Armed Forces: This includes referring lawyers to legal watchdogs and bringing fraud prosecutions against firms found to have made false allegations.A time limit on legal action to stop compensation claims being made years after incidents occur: Further reforms would end legal aid for claimants who are living outside the U.K.Planned new laws would also allow the government to recover the costs of “bogus judicial reviews,”  but one proposal is the most worrying of all:
  • A new Bill of Rights: Michael Gove is working on a British Bill of Rights to replace the Human Rights Act, according to ministers. It will reportedly include safeguards for the Armed Forces to protect them from being sued.In contrast to Michael Fallon’s indignation, a report by Stop The War claims “The long history of British abuse and torture in Kenya, Malaya, Aden, Cyprus, Northern Ireland and Afghanistan cannot be explained as the work of a few ‘bad apples.’”.BottomResponsiveBanner{width:300px;height:250px}@media (min-width:420px){.BottomResponsiveBanner{width:336px;height:280px}}@media (min-width:1300px){.BottomResponsiveBanner{width:728px;height:90px}} The report lists abuses committed by British forces and also references the “loss of the moral compass evident in the behaviour of British forces in Iraq and Afghanistan.”Some might say that by scrapping the Human Rights Act, the government fears being challenged and wants to take away the public’s ability to contest decisions and policies. One thing is for sure: without it, the British government will be allowed to act with almost complete impunity.
Paul Merrell

Israel Sued in US over Flotilla Attacks. Civil Law Suit against the State of Israel | Global Research - Centre for Research on Globalization - 0 views

www.globalresearch.ca/...5501501

war & peace Israel Gaza-Freedom-Flotilla litigation

shared by Paul Merrell on 16 Jan 16 - No Cached
  • 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.
Paul Merrell

Apple's New Challenge: Learning How the U.S. Cracked Its iPhone - The New York Times - 0 views

www.nytimes.com/...the-us-cracked-its-iphone.html

surveillance state Apple FBI San-Bernadino iPhone security

shared by Paul Merrell on 31 Mar 16 - No Cached
  • Now that the United States government has cracked open an iPhone that belonged to a gunman in the San Bernardino, Calif., mass shooting without Apple’s help, the tech company is under pressure to find and fix the flaw.But unlike other cases where security vulnerabilities have cropped up, Apple may face a higher set of hurdles in ferreting out and repairing the particular iPhone hole that the government hacked.The challenges start with the lack of information about the method that the law enforcement authorities, with the aid of a third party, used to break into the iPhone of Syed Rizwan Farook, an attacker in the San Bernardino rampage last year. Federal officials have refused to identify the person, or organization, who helped crack the device, and have declined to specify the procedure used to open the iPhone. Apple also cannot obtain the device to reverse-engineer the problem, the way it would in other hacking situations.
  • Paul Merrell on 31 Mar 16
     
    It would make a very interesting Freedom of Information Act case if Apple sued under that Act to force disclosure of the security hole iPhone product defect the FBI exploited. I know of no interpretation of the law enforcement FOIA exemption that would justify FBI disclosure of the information. It might be alleged that the information is the trade secret of the company that disclosed the defect and exploit to the the FBI, but there's a very strong argument that the fact that the information was shared with the FBI waived the trade secrecy claim. And the notion that government is entitled to collect product security defects and exploit them without informing the exploited product's company of the specific defect is extremely weak.  Were I Tim Cook, I would have already told my lawyers to get cracking on filing the FOIA request with the FBI to get the legal ball rolling. 
Paul Merrell

US official signals future end to war against Al-Qaeda | The Nation - 0 views

www.nation.com.pk/...re-end-to-war-against-al-qaeda

war & peace war on terror politics of fear

shared by Paul Merrell on 04 Dec 12 - No Cached
  • The United States must prepare for a time when it no longer is at war with Al-Qaeda, and when sweeping federal powers ushered in after the September 11, 2001 attacks come to an end, the Pentagon's top lawyer said.The address by Pentagon general counsel Jeh Johnson marked the first time a senior US official publicly raised the possibility of an end to the so-called "war on terror," launched by former president George W. Bush in the aftermath of the 9/11 attacks on New York and Washington.
  • "I do believe that on the present course, there will come a tipping point -- a tipping point at which so many of the leaders and operatives of Al-Qaeda and its affiliates have been killed or captured, and the group is no longer able to attempt or launch a strategic attack against the United States, such that Al-Qaeda as we know it, the organization that our Congress authorized the military to pursue in 2001, has been effectively destroyed," he said.It would then fall to law enforcement and intelligence agencies to go after Al-Qaeda's remnants, said Johnson, a long-time political ally of President Barack Obama."At that point, we must be able to say to ourselves that our efforts should no longer be considered an 'armed conflict' against Al-Qaeda and its associated forces," he said.
  • Johnson, considered a possible candidate to become the next US attorney general, warned that the country must not accept the idea of a permanent state of war with no end in sight.
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  • "'War must be regarded as a finite, extraordinary and unnatural state of affairs," he said."War violates the natural order of things in which children bury their parents. In war, parents bury their children," he said."In its 12th year, we must not accept the current conflict, and all that it entails, as the 'new normal'," he added."Peace must be regarded as the norm toward which the human race continually strives."
Paul Merrell

DailyTech - Pakistani Court Accuses U.S. of War Crimes for Drone Strikes - 0 views

www.dailytech.com/...article31537.htm

war & peace Pakistan drone attacks war crimes

shared by Paul Merrell on 15 May 13 - No Cached
  • In response four petitions by tribal leaders complaining that U.S. drone strikes were killing civilians, Chief Justice Dost Muhammad Khan and the junior judge on Pakistan two-judge Peshawar High Court panel decided that the drone were war crimes as they killed innocent civilians. The panel says that the drone strikes were inhumane and violated the UN Charter on Human Rights.  The court is asking the government of Pakistan to push a UN resolution to condemn the strikes and declare them a war crimes, writing [according to translation by The Press Trust of India, "The government of Pakistan must ensure that no drone strike takes place in the future.  If the US vetoes the resolution, then the country should think about breaking diplomatic ties with the US."
  • Shahzad Akbar, lawyer for victims in the case, is quoted as saying, "This is a landmark judgment. Drone victims in Waziristan will now get some justice after a long wait. This judgment will also prove to be a test for the new government: if drone strikes continue and the government fails to act, it will run the risk of contempt of court."
  • The administration also does have a policy of paying the family of civilians it kills in the Middle East "grief payments" of a few thousand dollars per body. While the current administration may be hesistant to take action in the UN against the U.S. elections are fast approaching.  This Saturday's election sees the Pakistan Muslim League (PML-N) party leading in current polls.  Former Prime Minister Nawaz Sharif, the party's leader, promises a zero-tolerance policy on drone strike civilian deaths.  He comments, "Drone attacks are against the national sovereignty and a challenge for the country's autonomy and independence." The U.S. has often accused hostile regimes like the governments of Syria, Sudan, Iran, and North Korea of war crimes in recent years.  However, it has seldom been on the receiving end of such accusations, despite an aggressive (and expensive) overseas military program.
Paul Merrell

Turkish Police and Protesters Clash in Istanbul's Taksim Square - NYTimes.com - 0 views

www.nytimes.com/...-protests-istanbul-turkey.html

war & peace Turkey Arab Spring

shared by Paul Merrell on 12 Jun 13 - No Cached
  • ISTANBUL — Taksim Square was engulfed in chaos on Tuesday night and into Wednesday morning as riot police using tear gas and water cannons forced thousands of protesters from the square, and Prime Minister Recep Tayyip Erdogan of Turkey struggled to contain a political crisis that has threatened the nation’s economy and paralyzed the government.
  • For nearly two weeks, the prime minister has remained largely defiant, demanding that protesters leave the square, placing armed police officers on standby to sweep the area and insisting that the demonstrations were nothing like the Arab Spring protests that ousted entrenched leaders. But as homemade firebombs and tear gas wafted in the city center it seemed that Mr. Erdogan and his supporters had miscalculated the opposition’s tenacity and conviction.
  • On Monday, he offered to talk on Wednesday — but then sent the police back to clear out the protesters. By Wednesday morning, the operation had succeeded, but anger over Mr. Erdogan’s handling of the protests had not abated. The Associated Press reported from Ankara that thousands of black-robed lawyers left courthouses around the country on Wednesday to protest the behavior of the police. And a group of protesters that had been invited to meet with Mr. Erdogan did not include representatives of Taksim Solidarity, an umbrella organization, which said in a statement reported by the Zaman newspaper that while “police violence” continued around Gezi Park, such meetings would produce nothing. The outcome of that meeting, which began late in the afternoon, was not immediately clear.
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  • Three people have been killed and at least 4,947 injured in the violence.
  • When the day began it appeared that the government had a cautious strategy aimed at reining in the protests by clearing the square, but leaving the demonstrators in the park. A Twitter message from the provincial governor, Huseyin Avni Mutlu, said, “This morning you are in the safe hands of your police brothers.” But there was so much distrust in the park that demonstrators began girding for an attack. Some scribbled their blood types on their arms in ink, in case they needed emergency care. Doctors in a makeshift medical tent were ready to tend to those suffering the effects of tear gas.
Paul Merrell

Edward Snowden: NSA whistleblower answers reader questions | World news | guardian.co.uk - 0 views

www.guardian.co.uk/...nowden-nsa-files-whistleblower

surveillance state NSA Snowden Obama state-secrets must-read

shared by Paul Merrell on 18 Jun 13 - No Cached
  • The 29-year-old former NSA contractor and source of the Guardian's NSA files coverage will – with the help of Glenn Greenwald – take your questions today on why he revealed the NSA's top-secret surveillance of US citizens, the international storm that has ensued, and the uncertain future he now faces. Ask him anything.
  • I did not reveal any US operations against legitimate military targets. I pointed out where the NSA has hacked civilian infrastructure such as universities, hospitals, and private businesses because it is dangerous. These nakedly, aggressively criminal acts are wrong no matter the target. Not only that, when NSA makes a technical mistake during an exploitation operation, critical systems crash. Congress hasn't declared war on the countries - the majority of them are our allies - but without asking for public permission, NSA is running network operations against them that affect millions of innocent people. And for what? So we can have secret access to a computer in a country we're not even fighting? So we can potentially reveal a potential terrorist with the potential to kill fewer Americans than our own Police? No, the public needs to know the kinds of things a government does in its name, or the "consent of the governed" is meaningless.
  • I was debriefed by Glenn and his peers over a number of days, and not all of those conversations were recorded. The statement I made about earnings was that $200,000 was my "career high" salary. I had to take pay cuts in the course of pursuing specific work. Booz was not the most I've been paid.
  • ...17 more annotations...
  • 1) More detail on how direct NSA's accesses are is coming, but in general, the reality is this: if an NSA, FBI, CIA, DIA, etc analyst has access to query raw SIGINT databases, they can enter and get results for anything they want. Phone number, email, user id, cell phone handset id (IMEI), and so on - it's all the same. The restrictions against this are policy based, not technically based, and can change at any time. Additionally, audits are cursory, incomplete, and easily fooled by fake justifications. For at least GCHQ, the number of audited queries is only 5% of those performed.
  • Obama's campaign promises and election gave me faith that he would lead us toward fixing the problems he outlined in his quest for votes. Many Americans felt similarly. Unfortunately, shortly after assuming power, he closed the door on investigating systemic violations of law, deepened and expanded several abusive programs, and refused to spend the political capital to end the kind of human rights violations like we see in Guantanamo, where men still sit without charge.
  • All I can say right now is the US Government is not going to be able to cover this up by jailing or murdering me. Truth is coming, and it cannot be stopped
  • NSA likes to use "domestic" as a weasel word here for a number of reasons. The reality is that due to the FISA Amendments Act and its section 702 authorities, Americans’ communications are collected and viewed on a daily basis on the certification of an analyst rather than a warrant. They excuse this as "incidental" collection, but at the end of the day, someone at NSA still has the content of your communications. Even in the event of "warranted" intercept, it's important to understand the intelligence community doesn't always deal with what you would consider a "real" warrant like a Police department would have to, the "warrant" is more of a templated form they fill out and send to a reliable judge with a rubber stamp.
  • Glenn Greenwald follow up: When you say "someone at NSA still has the content of your communications" - what do you mean? Do you mean they have a record of it, or the actual content? Both. If I target for example an email address, for example under FAA 702, and that email address sent something to you, Joe America, the analyst gets it. All of it. IPs, raw data, content, headers, attachments, everything. And it gets saved for a very long time - and can be extended further with waivers rather than warrants.
  • What are your thoughts on Google's and Facebook's denials? Do you think that they're honestly in the dark about PRISM, or do you think they're compelled to lie? Perhaps this is a better question to a lawyer like Greenwald, but: If you're presented with a secret order that you're forbidding to reveal the existence of, what will they actually do if you simply refuse to comply (without revealing the order)? Answer: Their denials went through several revisions as it become more and more clear they were misleading and included identical, specific language across companies. As a result of these disclosures and the clout of these companies, we're finally beginning to see more transparency and better details about these programs for the first time since their inception. They are legally compelled to comply and maintain their silence in regard to specifics of the program, but that does not comply them from ethical obligation. If for example Facebook, Google, Microsoft, and Apple refused to provide this cooperation with the Intelligence Community, what do you think the government would do? Shut them down?
  • Some skepticism exists about certain of your claims, including this: I, sitting at my desk, certainly had the authorities to wiretap anyone, from you, or your accountant, to a federal judge, to even the President if I had a personal email. Do you stand by that, and if so, could you elaborate? Answer: Yes, I stand by it. US Persons do enjoy limited policy protections (and again, it's important to understand that policy protection is no protection - policy is a one-way ratchet that only loosens) and one very weak technical protection - a near-the-front-end filter at our ingestion points. The filter is constantly out of date, is set at what is euphemistically referred to as the "widest allowable aperture," and can be stripped out at any time. Even with the filter, US comms get ingested, and even more so as soon as they leave the border. Your protected communications shouldn't stop being protected communications just because of the IP they're tagged with. More fundamentally, the "US Persons" protection in general is a distraction from the power and danger of this system. Suspicionless surveillance does not become okay simply because it's only victimizing 95% of the world instead of 100%. Our founders did not write that "We hold these Truths to be self-evident, that all US Persons are created equal."
  • Edward, there is rampant speculation, outpacing facts, that you have or will provide classified US information to the Chinese or other governments in exchange for asylum. Have/will you? Answer: This is a predictable smear that I anticipated before going public, as the US media has a knee-jerk "RED CHINA!" reaction to anything involving HK or the PRC, and is intended to distract from the issue of US government misconduct. Ask yourself: if I were a Chinese spy, why wouldn't I have flown directly into Beijing? I could be living in a palace petting a phoenix by now.
  • US officials say this every time there's a public discussion that could limit their authority. US officials also provide misleading or directly false assertions about the value of these programs, as they did just recently with the Zazi case, which court documents clearly show was not unveiled by PRISM. Journalists should ask a specific question: since these programs began operation shortly after September 11th, how many terrorist attacks were prevented SOLELY by information derived from this suspicionless surveillance that could not be gained via any other source? Then ask how many individual communications were ingested to acheive that, and ask yourself if it was worth it. Bathtub falls and police officers kill more Americans than terrorism, yet we've been asked to sacrifice our most sacred rights for fear of falling victim to it. Further, it's important to bear in mind I'm being called a traitor by men like former Vice President Dick Cheney. This is a man who gave us the warrantless wiretapping scheme as a kind of atrocity warm-up on the way to deceitfully engineering a conflict that has killed over 4,400 and maimed nearly 32,000 Americans, as well as leaving over 100,000 Iraqis dead. Being called a traitor by Dick Cheney is the highest honor you can give an American, and the more panicked talk we hear from people like him, Feinstein, and King, the better off we all are. If they had taught a class on how to be the kind of citizen Dick Cheney worries about, I would have finished high school.
  • Is encrypting my email any good at defeating the NSA survelielance? Id my data protected by standard encryption? Answer: Encryption works. Properly implemented strong crypto systems are one of the few things that you can rely on. Unfortunately, endpoint security is so terrifically weak that NSA can frequently find ways around it. 
  • Binney, Drake, Kiriakou, and Manning are all examples of how overly-harsh responses to public-interest whistle-blowing only escalate the scale, scope, and skill involved in future disclosures. Citizens with a conscience are not going to ignore wrong-doing simply because they'll be destroyed for it: the conscience forbids it. Instead, these draconian responses simply build better whistleblowers. If the Obama administration responds with an even harsher hand against me, they can be assured that they'll soon find themselves facing an equally harsh public response. This disclosure provides Obama an opportunity to appeal for a return to sanity, constitutional policy, and the rule of law rather than men. He still has plenty of time to go down in history as the President who looked into the abyss and stepped back, rather than leaping forward into it. I would advise he personally call for a special committee to review these interception programs, repudiate the dangerous "State Secrets" privilege, and, upon preparing to leave office, begin a tradition for all Presidents forthwith to demonstrate their respect for the law by appointing a special investigator to review the policies of their years in office for any wrongdoing. There can be no faith in government if our highest offices are excused from scrutiny - they should be setting the example of transparency. 
  • What would you say to others who are in a position to leak classified information that could improve public understanding of the intelligence apparatus of the USA and its effect on civil liberties?
  • This country is worth dying for.
  • My question: given the enormity of what you are facing now in terms of repercussions, can you describe the exact moment when you knew you absolutely were going to do this, no matter the fallout, and what it now feels like to be living in a post-revelation world? Or was it a series of moments that culminated in action? I think it might help other people contemplating becoming whistleblowers if they knew what the ah-ha moment was like. Again, thanks for your courage and heroism. Answer: I imagine everyone's experience is different, but for me, there was no single moment. It was seeing a continuing litany of lies from senior officials to Congress - and therefore the American people - and the realization that that Congress, specifically the Gang of Eight, wholly supported the lies that compelled me to act. Seeing someone in the position of James Clapper - the Director of National Intelligence - baldly lying to the public without repercussion is the evidence of a subverted democracy. The consent of the governed is not consent if it is not informed.
  • Regarding whether you have secretly given classified information to the Chinese government, some are saying you didn't answer clearly - can you give a flat no? Answer: No. I have had no contact with the Chinese government. Just like with the Guardian and the Washington Post, I only work with journalists.
  • So far are things going the way you thought they would regarding a public debate? – tikkamasala Answer: Initially I was very encouraged. Unfortunately, the mainstream media now seems far more interested in what I said when I was 17 or what my girlfriend looks like rather than, say, the largest program of suspicionless surveillance in human history.
  • Thanks to everyone for their support, and remember that just because you are not the target of a surveillance program does not make it okay. The US Person / foreigner distinction is not a reasonable substitute for individualized suspicion, and is only applied to improve support for the program. This is the precise reason that NSA provides Congress with a special immunity to its surveillance.
  • Paul Merrell on 18 Jun 13
     
    I particularly liked this Snowden observation as an idea for a constitutional amendment: "This disclosure provides Obama an opportunity to appeal for a return to sanity, constitutional policy, and the rule of law rather than men. He still has plenty of time to go down in history as the President who looked into the abyss and stepped back, rather than leaping forward into it. I would advise he personally call for a special committee to review these interception programs, repudiate the dangerous "State Secrets" privilege, and, upon preparing to leave office, begin a tradition for all Presidents forthwith to demonstrate their respect for the law by appointing a special investigator to review the policies of their years in office for any wrongdoing. There can be no faith in government if our highest offices are excused from scrutiny - they should be setting the example of transparency. " Repeal of the State Secrets privilege would require a constitutional amendment because the Supreme Court decided back when that it is inherent in the President's power as commander in chief of the military forces. In other words, neither Congress nor the courts can second-guess such claims, a huge contributing factor in the over-classification of government records when the real reason is to protect bureaucrats from embarrassment, civil rights suits, and criminal prosecution. It is no accident that we have an Executive Branch that is out-of-control, waging dictatorial powers under the protection of the State Secrets privilege. 
Paul Merrell

Secret to Prism program: Even bigger data seizure - 0 views

bigstory.ap.org/...ccess-even-bigger-data-seizure

surveillance state NSA must-read

shared by Paul Merrell on 17 Jun 13 - No Cached
  • The revelation of Prism this month by the Washington Post and Guardian newspapers has touched off the latest round in a decade-long debate over what limits to impose on government eavesdropping, which the Obama administration says is essential to keep the nation safe. But interviews with more than a dozen current and former government and technology officials and outside experts show that, while Prism has attracted the recent attention, the program actually is a relatively small part of a much more expansive and intrusive eavesdropping effort. Americans who disapprove of the government reading their emails have more to worry about from a different and larger NSA effort that snatches data as it passes through the fiber optic cables that make up the Internet's backbone. That program, which has been known for years, copies Internet traffic as it enters and leaves the United States, then routes it to the NSA for analysis.
  • Whether by clever choice or coincidence, Prism appears to do what its name suggests. Like a triangular piece of glass, Prism takes large beams of data and helps the government find discrete, manageable strands of information. The fact that it is productive is not surprising; documents show it is one of the major sources for what ends up in the president's daily briefing. Prism makes sense of the cacophony of the Internet's raw feed. It provides the government with names, addresses, conversation histories and entire archives of email inboxes.
  • The NSA is prohibited from spying on Americans or anyone inside the United States. That's the FBI's job and it requires a warrant. Despite that prohibition, shortly after the Sept. 11 terrorist attacks, President George W. Bush secretly authorized the NSA to plug into the fiber optic cables that enter and leave the United States, knowing it would give the government unprecedented, warrantless access to Americans' private conversations. Tapping into those cables allows the NSA access to monitor emails, telephone calls, video chats, websites, bank transactions and more. It takes powerful computers to decrypt, store and analyze all this information, but the information is all there, zipping by at the speed of light. "You have to assume everything is being collected," said Bruce Schneier, who has been studying and writing about cryptography and computer security for two decades. The New York Times disclosed the existence of this effort in 2005. In 2006, former AT&T technician Mark Klein revealed that the company had allowed the NSA to install a computer at its San Francisco switching center, a key hub for fiber optic cables.
  • ...11 more annotations...
  • Many of the people interviewed for this report insisted on anonymity because they were not authorized to publicly discuss a classified, continuing effort. But those interviews, along with public statements and the few public documents available, show there are two vital components to Prism's success. The first is how the government works closely with the companies that keep people perpetually connected to each other and the world. That story line has attracted the most attention so far. The second and far murkier one is how Prism fits into a larger U.S. wiretapping program in place for years.
  • The government has said it minimizes all conversations and emails involving Americans. Exactly what that means remains classified. But former U.S. officials familiar with the process say it allows the government to keep the information as long as it is labeled as belonging to an American and stored in a special, restricted part of a computer. That means Americans' personal emails can live in government computers, but analysts can't access, read or listen to them unless the emails become relevant to a national security investigation. The government doesn't automatically delete the data, officials said, because an email or phone conversation that seems innocuous today might be significant a year from now. What's unclear to the public is how long the government keeps the data. That is significant because the U.S. someday will have a new enemy. Two decades from now, the government could have a trove of American emails and phone records it can tap to investigative whatever Congress declares a threat to national security.
  • The Bush administration shut down its warrantless wiretapping program in 2007 but endorsed a new law, the Protect America Act, which allowed the wiretapping to continue with changes: The NSA generally would have to explain its techniques and targets to a secret court in Washington, but individual warrants would not be required. Congress approved it, with Sen. Barack Obama, D-Ill., in the midst of a campaign for president, voting against it.
  • That's one example of how emails belonging to Americans can become swept up in the hunt. In that way, Prism helps justify specific, potentially personal searches. But it's the broader operation on the Internet fiber optics cables that actually captures the data, experts agree. "I'm much more frightened and concerned about real-time monitoring on the Internet backbone," said Wolf Ruzicka, CEO of EastBanc Technologies, a Washington software company. "I cannot think of anything, outside of a face-to-face conversation, that they could not have access to."
  • When the Protect America Act made warrantless wiretapping legal, lawyers and executives at major technology companies knew what was about to happen.
  • For years, the companies had been handling requests from the FBI. Now Congress had given the NSA the authority to take information without warrants. Though the companies didn't know it, the passage of the Protect America Act gave birth to a top-secret NSA program, officially called US-98XN. It was known as Prism. Though many details are still unknown, it worked like this:
  • Facebook said it received between 9,000 and 10,000 requests for data from all government agencies in the second half of last year. The social media company said fewer than 19,000 users were targeted.
  • Every company involved denied the most sensational assertion in the Prism documents: that the NSA pulled data "directly from the servers" of Microsoft, Yahoo, Google, Facebook, AOL and more. Technology experts and a former government official say that phrasing, taken from a PowerPoint slide describing the program, was likely meant to differentiate Prism's neatly organized, company-provided data from the unstructured information snatched out of the Internet's major pipelines. In slide made public by the newspapers, NSA analysts were encouraged to use data coming from both Prism and from the fiber-optic cables. Prism, as its name suggests, helps narrow and focus the stream. If eavesdroppers spot a suspicious email among the torrent of data pouring into the United States, analysts can use information from Internet companies to pinpoint the user. With Prism, the government gets a user's entire email inbox. Every email, including contacts with American citizens, becomes government property. Once the NSA has an inbox, it can search its huge archives for information about everyone with whom the target communicated. All those people can be investigated, too.
  • What followed was the most significant debate over domestic surveillance since the 1975 Church Committee, a special Senate committee led by Sen. Frank Church, D-Idaho, reined in the CIA and FBI for spying on Americans. Unlike the recent debate over Prism, however, there were no visual aids, no easy-to-follow charts explaining that the government was sweeping up millions of emails and listening to phone calls of people accused of no wrongdoing.
  • A few months after Obama took office in 2009, the surveillance debate reignited in Congress because the NSA had crossed the line. Eavesdroppers, it turned out, had been using their warrantless wiretap authority to intercept far more emails and phone calls of Americans than they were supposed to. Obama, no longer opposed to the wiretapping, made unspecified changes to the process. The government said the problems were fixed.
  • Schneier, the author and security expert, said it doesn't really matter how Prism works, technically. Just assume the government collects everything, he said. He said it doesn't matter what the government and the companies say, either. It's spycraft, after all. "Everyone is playing word games," he said. "No one is telling the truth."
  • Paul Merrell on 17 Jun 13
     
    Associated Press is now doing its job with a masterful overview of NSA capabilities, discussing how NSA scoops up all "backbone" telecommunications, then uses PRISM to narrow down the specific communications they decide to look at. This one is a "must read" article if you're interested in the NSA scandal. It ties a lot of the pieces together.  
Paul Merrell

'Arrest Obama when he visits' - Times LIVE - 0 views

www.timeslive.co.za/...arrest-obama-when-he-visits

war & peace war crimes Obama

shared by Paul Merrell on 13 Jun 13 - No Cached
  • The Muslim Lawyers Association in Johannesburg wants US President Barack Obama arrested and tried for war crimes when he arrives in South Africa on June 29.
  • It submitted a 600-plus page document to the Office of the National Director of Public Prosecutions on Friday asking for an investigation into Obama's involvement in the Middle East. Group spokesman Yousha Tayob said Obama ordered drone strikes that killed innocent civilians.
  • In terms of the Rome Statute, South Africa has the right to prosecute a war criminal on its territory, said Tayob. Researchers from New York University School of Law and Stanford University Law School recently released a report entitled "Living Under Drones: Death, Injury and Trauma to Civilians From US Drone Practices in Pakistan". They found that in four years Obama commissioned five times more drone attacks than former president George W Bush did in his two terms in the White House . The report estimates drones have killed between 474 and 881 civilians, including 176 children. The US Embassy in South Africa's spokesman Jack Hillmeyer said it had "no comment". National Prosecuting Authority spokesman Bulelwa Makeke said the office had received the docket and was studying it.
Gary Edwards

The Empire Takes a Hit: NSA Update - 2 views

........................................................................................ NSA Conversation with retired lawyer and Open Source legal expert, "Marbux". ...........................

Federal-Reserve-Bankster-Cartel NSA

started by Gary Edwards on 15 Jun 13 no follow-up yet
Paul Merrell

Feds May Have To Reveal FISA Phone Records In Murder Case | Techdirt - 0 views

www.techdirt.com/...hone-records-murder-case.shtml

surveillance state NSA criminal discovery

shared by Paul Merrell on 14 Jun 13 - No Cached
  • There's been a lot of focus elsewhere concerning the FISA rulings that were leaked, showing that the government is scooping up the details of pretty much every phone call. However, a case concerning some guys who were trying to rob an armored truck may lead to some interesting revelations related to what the government collects. Daryl Davis, Hasam Williams, Terrance Brown, Toriano Johnson, and Joseph K. Simmons were charged with trying to rob a bunch of armored Brink's trucks, in which one of the robberies went wrong and a Brink's employee was shot and killed. As part of the case against the group, the DOJ obtained call records. However, during discovery, the government refused to hand over call records for July of 2010, claiming that when they sought them from the telco, the DOJ was told that those records had been purged. Terrance Brown's lawyer is now claiming that since it appears the NSA has sucked up all of this data for quite some time, it would appear that the government should, in fact, already have the phone records from July 2010, which he argues would show that he was nowhere near the robbery when it happened. Defendant Brown urges that the records are important to his defense because cell-site records could be used to show that Brown was not in the vicinity of the attempted robbery that allegedly occurred in July 2010. And, relying on a June 5, 2013, Guardian newspaper article that published a FISA Court order relating to cellular telephone data collected by Verizon,1 Defendant Brown now suggests that the Government likely actually does possess the metadata relating to telephone calls made in July 2010 from the two numbers attributed to Defendant Brown.
  • The court agrees that, under the law, the government may need to produce those records. Here, Defendant asserts that, under Brady v. Maryland, 373 U.S. 83 (1963), due process requires the production of the July 2010 telephone records because they are anticipated to be exculpatory in that they are expected to show that Defendant Brown was not physically located at the scene of the alleged attempted Brink’s truck robbery in July 2010. In view of Defendant Brown’s Motion and the requirements of FISA, it is hereby ORDERED and ADJUDGED that the Government shall respond to Defendant Brown’s Motion and, if desired, shall file an affidavit of the Attorney General of the United States. That order was actually issued Monday, only giving the government until yesterday to comply. At the time of posting, the government's reply has not yet shown up in PACER, though it may pop up soon. I'm guessing that they'll try to either get some sort of extension or explain why those records are somehow inaccessible -- but it could get interesting.
  • Paul Merrell on 14 Jun 13
     
    This is definitely one to watch. The Court's order is short but definitely enlightening. The defendant's trial is already under way, so the Court set a very short response time, and required the Feds to concurrently file the affidavit of the Attorney General if the Feds want to claim that disclosure would harm national security. She has also ordered that the Feds concurrently explain any belief that thre information was lawfully gathered, citing some specific portions of the FISA Act that are at the heart of the government's claim of right to compel telcos to disclose the information to the Feds.    Then the court decides whether the Feds must produce the records anyway. Tough position for the government because it would be extremely difficult to argue that the phone call metadata itself is classified, since they are by law "business records" of a private party, the telco.  And this sets the stage for a flood of habeas corpus petitions by persons already convicted seeking new trials with NSA surveillance records disclosed. Easiest way out for the Feds is to claim that the records do not exist, but someone will have to sign a statement under penalty of perjury file to that effect.  If the Court orders disclosure, the Feds have a right of immediate appeal. So this one could win up in the Supreme Court very quickly (days, not months). Reading the Court's order, the judge seems predisposed to order production of the records. So stay tuned to this channel. I'm reminded that about a week ago, an MSNBC reporter blogged that he didn't think that the PRISM story "has legs" that will keep it in the news very long. He was wrong. 
Paul Merrell

Obama, Biden are war criminals under UN Charter: Analyst - 0 views

www.informationclearinghouse.info/article33348.htm

war & peace war crimes U.S. International Criminal Court

shared by Paul Merrell on 18 Dec 12 - No Cached
  • Most Americans, their minds focused at the moment on the tragic slaughter of 20 young children aged 5 and 6, along with five teachers and a school principal in Connecticut by a heavily-armed psychotic 21-year-old, are blissfully unaware that their previous president, George W. Bush, along with five key members of his administration, were recently convicted in absentia of war crimes at a tribunal in Kuala Lumpur, Malaysia. They are unaware because the US corporate media have ignored the story, just as that same corporate media have failed to note that the crimes of which Bush, Vice President Dick Cheney, former Defense Secretary Donald Rumsfeld and five White House lawyers, were convicted all could apply equally well to current President Barack Obama and his administration. Bush, Cheney, White House counsel (and later Attorney General) Alberto Gonzalez and others were found guilty earlier this month of war crimes and crimes against humanity relating to the executive orders that launched the wars against Iraq and Afghanistan, as well as of authorizing and failing to punish torture and other war crimes by US forces, including the military and the CIA.
  • But as international law expert Francis Boyle, a professor of law at the University of Illinois, notes, under the Geneva Convention, failing to take action to prosecute those guilty of war crimes such as the “Crime against Peace” (invading a country that does not pose an imminent threat to the attacker), and torture, are war crimes in and of themselves. Speaking last week at a Summit Conference on Human Rights held at the University of the Sacred Heart in the US island colony of Puerto Rico, Boyle said US authorities, including President Obama, are engaged in an “ongoing criminal conspiracy under international law” both to cover up and protect criminals like Bush, Cheney and Rumsfeld, and to continue the commission of war crimes by the US government.
  • Obama, when initially campaigning in 2008 for the presidency, vowed that he wanted to restore the respect for the law and the Constitution, once elected President, he and his attorney general Eric Holder quickly made it clear that they were “looking forward, not backward,” and that there would be no prosecutions or indictments for war crimes of any Bush administration people.   The thing is, at that moment, both President Obama and AG Holder became war criminals themselves under the UN Charter and the Nuremberg Principles, which declare that covering up war crimes by prior government and military leaders, and failure to prosecute such war crimes, are in themselves war crimes.
  • ...1 more annotation...
  • But as Boyle noted in his address in San Juan, P.R., Obama, Vice President Joseph Biden, and the various secretaries of defense and state, the head of the CIA and the Pentagon Chiefs of Staff, as well as other Obama administration personnel, are also guilty of perpetrating ongoing war crimes themselves. Boyle accuses the Obama administration of continuing to conduct a “bogus” war on “international terrorism” including the ever escalating campaign of drone strikes in Pakistan, Afghanistan, Somalia, Yemen and other jurisdictions. He termed the president’s program of “targeted killings,” in which President Obama himself draws up the “kill list,” to be simply a case of “pure murder” under both traditional British common law and international law, and says these attacks constitute a “Crime against Humanity under Article 7(1)(a) of the Rome Statute for the International Criminal Court.”
  • Paul Merrell on 18 Dec 12
     
    While the charge that Obama and other administration officials committed crimes under the Rome Statute for the International Criminal Court might seem odd because the U.S. never acceded to that treaty or to the jurisdiction of the ICC, the statute applies to those who commit war crimes within the jurisdictions of nations that have acceded to the treaty and to their superiors who either knew of should have known that such crimes would be committed and did not act to prevent them.  Pakistan  and Yemen have acceded to the treaty. The Rome treaty requires the arrest of those classified as war criminals under that treaty if they set foot in any nation that has acceded to the treaty. So just as Bush administration figures have done, Obama and crew will need to restrict where they travel after he leaves office.
  • Paul Merrell on 18 Dec 12
     
    The linked article should have mentioned that it was a mock tribunal, without legal authority or powers.
Paul Merrell

Trader, Kareem Serageldin, pleads guilty to role in banking crash - Crime - UK - The Independent - 0 views

www.independent.co.uk/...-in-banking-crash-8572216.html

financial-collapse banksters prosecution

shared by Paul Merrell on 14 Apr 13 - No Cached
  • In a case described by lawyers as a "tale of greed run amok", a trader who hid a £351m loss so he could pocket a £4.5m bonus has become the most senior City figure to be convicted for the kind of mortgage fraud that helped precipitate the global financial crisis.
  • After years of being pursued by US authorities, who eventually extradited him from the UK to face justice, Serageldin finally pleaded guilty to conspiracy in a packed New York City courtroom on Friday. His conviction will go a small way to answering claims that those responsible for the financial crisis have escaped being held to account for their actions.
  • He told the US District Judge Alvin Hellerstein he did it "to preserve my reputation in the bank at a time when there was great financial turmoil in the marketplace". Higgs and Siddiqui previously pleaded guilty to overstating the value of the mortgage-backed assets, which were held in a portfolio called ABN1. But both men, who agreed to co-operate with prosecutors, claimed they acted at Serageldin's direction. Under a plea agreement with the government, Serageldin agreed to forfeit £650,000 as proceeds of the crime, and under federal sentencing guidelines, Serageldin is likely to receive about five years in prison when he is sentenced on 2 August.
  • Paul Merrell on 14 Apr 13
     
    First banksters convicted criminally in the U.S. in financial collapse.
Paul Merrell

The same motive for anti-US 'terrorism' is cited over and over | Glenn Greenwald | Comment is free | guardian.co.uk - 0 views

www.guardian.co.uk/...-terrorism-motives-us-violence

war & peace war crimes decline of the American Empire

shared by Paul Merrell on 25 Apr 13 - No Cached
  • News reports purporting to describe what Dzhokhar Tsarnaev told US interrogators should, for several reasons, be taken with a huge grain of salt. The sources for this information are anonymous, they work for the US government, the statements were obtained with no lawyer present and no Miranda warnings given, and Tsarnaev is "grievously wounded", presumably quite medicated, and barely able to speak.
  • In the last several years, there have been four other serious attempted or successful attacks on US soil by Muslims, and in every case, they emphatically all say the same thing: that they were motivated by the continuous, horrific violence brought by the US and its allies to the Muslim world - violence which routinely kills and oppresses innocent men, women and children:
  • It should go without saying that the issue here is causation, not justification or even fault. It is inherently unjustifiable to target innocent civilians with violence, no matter the cause (just as it is unjustifiable to recklessly kill civilians with violence). But it is nonetheless vital to understand why there are so many people who want to attack the US as opposed to, say, Peru, or South Africa, or Brazil, or Mexico, or Japan, or Portugal. It's vital for two separate reasons.First, some leading American opinion-makers love to delude themselves and mislead others into believing that the US is attacked despite the fact that it is peaceful, peace-loving, freedom-giving and innocent. As these myth-makers would have it, we don't bother anyone; we just mind our own business (except when we're helping and liberating everyone), so why would anyone possibly want to attack us?
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  • Second, it's crucial to understand this causation because it's often asked "what can we do to stop Terrorism?" The answer is right in front of our faces: we could stop embracing the polices in that part of the world which fuel anti-American hatred and trigger the desire for vengeance and return violence.
  • There seems to be this pervasive belief in the US that we can invade, bomb, drone, kill, occupy, and tyrannize whomever we want, and that they will never respond. That isn't how human affairs function and it never has been. If you believe all that militarism and aggression are justified, then fine: make that argument. But don't walk around acting surprised and bewildered and confounded (why do they hate us??) when violence is brought to US soil as well. It's the inevitable outcome of these choices, and that's not because Islam is some sort of bizarre or intrinsically violent and uncivilized religion. It's because no group in the world is willing to sit by and be targeted with violence and aggression of that sort without also engaging in it
  • Being targeted with violence is a major cost of war and aggression. It's a reason not do it. If one consciously decides to incur that cost, then that's one thing. But pretending that this is all due to some primitive and irrational religious response and not our own actions is dangerously self-flattering and self-delusional. Just listen to what the people who are doing these attacks are saying about why they are doing them. Or listen to the people who live in the places devastated by US violence about the results. None of it is unclear, and it's long past time that we stop pretending that all this evidence does not exist.
  • Paul Merrell on 25 Apr 13
     
    "Terrorism is the price of empire. If you do not wish to pay the price, you must give up the empire"  - Pat Buchanan, Where the Right Went Wrong
Paul Merrell

Edward Snowden asks for asylum in Ecuador: live updates | World news | guardian.co.uk - 0 views

www.guardian.co.uk/...n-leaves-hong-kong-moscow-live

surveillance state NSA Snowden asylum Ecuador

shared by Paul Merrell on 23 Jun 13 - No Cached
  • The NSA whistleblower left Hong Kong on an Aeroflot flight to Moscow, two days after the US charged him with espionage, before applying for asylum in Ecuador
  • WikiLeaks has released a statement claiming that Snowden is "bound for Ecuador" and is awaiting the processing of his application for asylum:  Mr Edward Snowden, the American whistleblower who exposed evidence of a global surveillance regime conducted by US and UK intelligence agencies, has left Hong Kong legally. He is bound for the Republic of Ecuador via a safe route for the purposes of asylum, and is being escorted by diplomats and legal advisors from WikiLeaks. Mr Snowden requested that WikiLeaks use its legal expertise and experience to secure his safety. Once Mr Snowden arrives in Ecuador his request will be formally processed. Former Spanish Judge Mr Baltasar Garzon, legal director of Wikileaks and lawyer for Julian Assange has made the following statement: "The WikiLeaks legal team and I are interested in preserving Mr Snowden’s rights and protecting him as a person. What is being done to Mr Snowden and to Mr Julian Assange - for making or facilitating disclosures in the public interest - is an assault against the people".
  • It’s past midnight in Hong Kong and late evening in Moscow, so time for a summary of the events so far on a day of extraordinary drama: • Edward Snowden, the NSA contractor whose revelations to the Guardian about the scale and scope of US spying and hacking activities has prompted global headlines, has fled Hong Kong and is now in Moscow. • His plane arrived in Russia shortly after 5pm local time. Snowden is not believed to have a Russian visa and is thought to be staying overnight at a capsule hotel inside Moscow's Sheremetyevo airport after reportedly being met on the tarmac by diplomatic cars.
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  • • Snowden was allowed to leave despite the US having filed a request for Hong Kong to arrest him. Hong Kong’s government said the documents sent by Washington did not fully meet legal requirements, the statement added, so Snowden was allowed to leave. It has since been reported that the US revoked Snowden’s passport on Saturday. It is not clear how he was allowed to leave Hong Kong if this happened. • Snowden is reportedly booked on a flight on Monday from Moscow to Havana, after which he is believed to be heading for another Latin American destination, reported variously as Venezuela or Ecuador. • The Ecuadorean ambassador to Russia is at the airport but said he had not met Snowden and was not entirely sure where he is.  • WikiLeaks has claimed in tweets it "assisted Mr Snowden's political asylum in a democratic country" and that its "legal advisers" are with him, including Sarah Harrison, a WikiLeaks staffer.
  • • There has been an angry reaction in the US to news of Snowden’s departure. Keith Alexander, head of the NSA, called Snowden “an individual who is not acting, in my opinion, with noble intent". • Snowden's departure came on the same day the South China Morning Post carried detailed reports of claims from him about US actions against China, including allegations of the hacking of phone text messages. China has said it is “gravely concerned” about the revelations. The country’s Xinhua news agency called the US “the biggest villain in our age" when it comes to hacking.
  • Paul Merrell on 23 Jun 13
     
    My favorite part so far, NSA head Gen. Keith Alexander called Snowden "an individual who is not acting, in my opinion, with noble intent". Let's consider for a moment that as a U.S. Army officer, Gen. Alexander, initially and upon each promotion, was required to "solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic, that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservations or purpose of evasion; and that I will well and faithfully discharge the duties of the office upon which I am about to enter; So help me God."  http://www.army.mil/values/officers.html So what part of "support and defend the Constitution of the United States" is it that he didn't catch? U.S. military officers are required by law to disobey illegal commands. Can this man seriously believe that his mission does not violate the U.S. Constitution?  The Fourth and Fifth Amendments were direct reactions to the British Army's practice of invading Colonist's homes at will. destroying their privacy and seizing anything in sight including its residents, their papers, their personal effects, and their property without judicial warrant or due process and just compensation. But that is just what Gen. Alexander assists in. He is a usurper of our Constitution. But let's compare the courage of Edward Snowden and Keith Alexander: "Common experience shows how much rarer is moral courage than physical bravery.  A thousand men will march to the mouth of the cannon where one man will dare espouse an unpopular cause." - Clarence Darrow   "Few are willing to brave the disapproval of their fellows, the censure of the colleagues, the wrath of their society. Moral courage is a rarer commodity than bravery in battle or great intelligence. Yet it is the one essential, vital quality for those who seek to change a world that yields most painfully to change." -
Paul Merrell

Let's check James Comey's Bush years record before he becomes FBI director | Laura Murphy | Comment is free | guardian.co.uk - 0 views

www.guardian.co.uk/...omey-fbi-director-bush-history

surveillance state war & peace Obama Comey FBI confirmation-hearing torture indefinite detention

shared by Paul Merrell on 23 Jun 13 - No Cached
  • Comey is lionised in DC for one challenge over liberties. Yet he backed waterboarding, wire-tapping and indefinite detention
  • It had the air of Hollywood. On the night of 10 March 2004, James Comey, the nominee to lead the FBI for the next ten years, rushed to the hospital bedside of his terribly ill boss, Attorney General John Ashcroft.There, he eventually confronted White House Chief of Staff Andrew Card and White House Counsel Alberto Gonzales, who were trying to get the pancreatitis-stricken Ashcroft to renew a still secret and illegal surveillance program on Americans' electronic communications. Neither Ashcroft nor Comey, then acting attorney general because of Ashcroft's condition, would reauthorize the program. When Gonzales authorized the program to go forward without a Justice Department certification, Comey threatened to resign, along with his staff and FBI Director Robert Mueller.The threats worked: President Bush blinked, and Comey won modifications to the secret surveillance program that he felt brought it into compliance with the law. This event, now the stuff of DC legend, has solidified Comey's reputation as a "civil liberties superhero", in the words of CNN's Jake Tapper, and may be one of the reasons President Obama nominated him Friday to be the next director of the FBI.
  • There's one very big problem with describing Comey as some sort of civil libertarian: some facts suggest otherwise. While Comey deserves credit for stopping an illegal spying program in dramatic fashion, he also approved or defended some of the worst abuses of the Bush administration during his time as deputy attorney general. Those included torture, warrantless wiretapping, and indefinite detention.On 30 December 2004, a memo addressed to James Comey was issued that superseded the infamous memo that defined torture as pain "equivalent in intensity to the pain accompanying serious physical injury, such as organ failure". The memo to Comey seemed to renounce torture but did nothing of the sort. The key sentence in the opinion is tucked away in footnote 8. It concludes that the new Comey memo did not change the authorizations of interrogation tactics in any earlier memos.In short, the memo Comey that approved gave a thumbs-up on waterboarding, wall slams, and other forms of torture – all violations of domestic and international law.
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  • Then, there's warrantless wiretapping. Many media reports describe that Comey's defiant stand at Ashcroft's bedside was in opposition to the warrantless wiretapping of Americans international communications. But we simply do not know exactly what Comey opposed, or why or what reforms he believed brought the secret program within the rule of law. We do, however, know that Comey was read into the program in January 2004.While, to his credit, he immediately began raising concerns, the program was still in existence when the New York Times exposed it in December 2005. This was a year and a half after Comey's hospital showdown with Gonzales and Card. In fact, the warrantless wiretapping program was supported by a May 2004 legal opinion (pdf) produced by the Justice Department's Office of Legal Counsel and signed off by Comey, which replaced the 2001 legal opinion Comey had problems with.This, of course, raises the question: just what illegal surveillance program did Comey oppose so much he would resign over it? Last weekend, the Washington Post provided a new theory: the Marina program, which collects internet metadata. Now, the Senate has an opportunity to end the theorizing and find out what exactly Comey objected to. It's a line of questioning that senators should focus doggedly on, in light of the recent revelations in the Post and the Guardian.
  • The final stain on Comey's record was his full-throated defense of the indefinite military detention of an American citizen arrested on American soil. In a June 2004 press conference, Comey told of Jose Padilla, an alleged al-Qaida member accused of plotting to detonate a dirty bomb as well as blow up apartment buildings in an American city. By working for al-Qaida, Padilla, Comey argued, could be deprived of a lawyer and indefinitely detained as an enemy combatant on a military brig off the South Carolina coast for the purpose of extracting intelligence out of him. It turned out that Padilla was never charged with the list of crimes and criminal associations pinned on him by Comey that day. When Padilla was finally convicted – in a federal court – in August 2007, it wasn't for plotting dirty bomb attacks or blowing up apartment buildings. Rather, he was convicted of material support of terrorism overseas. During his indefinite military detention, Padilla was tortured.
  • Everyone has a backstory, and the confirmation process should ensure the American public hears all relevant background information, both good and bad, when Comey appears before the Senate. Senators should insist that Comey explain his role during the Bush era and repudiate policies he endorsed on torture, indefinite detention, and illegal surveillance.The new FBI director will be around for the next decade. We need one who will respect the constitution and the rule of law; not one who will use discredited and illegal activities in the name of justice and safety.
  • Paul Merrell on 23 Jun 13
     
    Comey's not right for the FBI directorship this time around. The nation needs an FBI Director and Comey's role in government surveillance, torture, warrantless wiretapping, extraordinary rendition, and indefinite detention of a U.S. citizen. That's too much to get sorted out any time soon given the government shroud of secrecy on those topics. 
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