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Paul Merrell

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

  • 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.
Paul Merrell

Holder says 'fatigue' may eventually lead him to step aside - The Hill's Blog Briefing Room - 0 views

  • Holder acknowledged the House Judiciary Committee’s investigation into whether he lied under oath during his May 15 testimony on the DOJ’s surveillance of reporters. At the time, Holder said he had never prosecuted or been involved in the potential prosecution of reporters. It was later revealed that he signed off on the Rosen affidavit. “The Department has not prosecuted, and as long as I’m attorney general, will not prosecute any reporter for doing his or her job,” Holder said Thursday.
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    "The Department has not prosecuted, and as long as I'm attorney general, will not prosecute any reporter for doing his or her job," Holder said Thursday.  Except Julian Assange, of course. 
Paul Merrell

PressTV - US planning for a post-Israel Middle East - 0 views

  • So what is all the fuss about? It’s a paper entitled: Preparing for a Post-Israel Middle East, an 82-page analysis that concludes that the American national interest in fundamentally at odds with that of Zionist Israel. The authors conclude that Israel is currently the greatest threat to US national interests because its nature and actions prevent normal US relations with Arab and Muslim countries and, to a growing degree, the wider international community. The study was commissioned by the US Intelligence Community comprising 16 American intelligence agencies with an annual budget in excess of $ 70 billion. The IC includes the departments of the Navy, Army, Air Force, Marine Corps, Coast Guard, Defense Intelligence Agency, Departments of Energy, Homeland Security, State, Treasury, Drug Enforcement Agency, Federal Bureau of Investigation, National Security Agency, National Geospatial Intelligence Agency, National Reconnaissance Agency and the Central Intelligence Agency commissioned the study.
  • srael, given its current brutal occupation and belligerence cannot be salvaged any more than apartheid South Africa could be when as late as 1987 Israel was the only “Western” nation that upheld diplomatic ties with South Africa and was the last country to join the international boycott campaign before the regime collapsed;
  • Simultaneous with, but predating, rapidly expanding Arab and Muslim power in the region as evidenced by the Arab Spring, Islamic Awakening and the ascendancy of Iran, as American power and influence recedes, the US commitment to belligerent oppressive Israel is becoming impossible to defend or execute consistent given paramount US national interests which include normalizing relations with the 57 Islamic countries; · Gross Israeli interference in the internal affairs of the United States through spying and illegal US arms transfers. This includes supporting more than 60 ‘front organizations’ and approximately 7,500 US officials who do Israel’s bidding and seek to dominate and intimidate the media and agencies of the US government which should no longer be condoned;
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  • The international opposition to the increasingly apartheid regime can no longer be synchronized with American claimed humanitarian values or US expectations in its bilateral relations with the 193 member United Nations. The Draft ends with language about the need to avoid entangling alliances that alienate much of the World and condemn American citizens to endure the consequences.
  • Franklin Lamb, former Assistant Counsel, US House Judiciary Committee and Professor of International Law at Northwestern College of Law in Oregon, earned his Law Degree at Boston University and his LLM, M.Phil., and PhD degrees at the London School of Economics. Following three years at the International Court of Justice in The Hague, Lamb was visiting fellow at the Harvard Law School’s East Asian Legal Studies Center.
Paul Merrell

Russ Tice, Bush-Era Whistleblower, Claims NSA Ordered Wiretap Of Barack Obama In 2004 - 0 views

  • #news_entries #ad_sharebox_260x60 img {padding:0px;margin:0px} Russ Tice, a former intelligence analyst who in 2005 blew the whistle on what he alleged was massive unconstitutional domestic spying across multiple agencies, claimed Wednesday that the NSA had ordered wiretaps on phones connected to then-Senate candidate Barack Obama in 2004. Speaking on "The Boiling Frogs Show," Tice claimed the intelligence community had ordered surveillance on a wide range of groups and individuals, including high-ranking military officials, lawmakers and diplomats. "Here's the big one ... this was in summer of 2004, one of the papers that I held in my hand was to wiretap a bunch of numbers associated with a 40-something-year-old wannabe senator for Illinois," he said. "You wouldn't happen to know where that guy lives right now would you? It's a big white house in Washington, D.C. That's who they went after, and that's the president of the United States now."
  • Host Sibel Edmonds and Tice both raised concerns that such alleged monitoring of subjects, unbeknownst to them, could provide the intelligence agencies with huge power to blackmail their targets. "I was worried that the intelligence community now has sway over what is going on," Tice said.
  • After going public with his allegations in 2005, Tice later admitted that he had been a key source in a bombshell New York Times report that blew the lid off the Bush administration's use of warrantless wiretapping of international communications in the U.S. The article forced Bush to admit that the practice was indeed used on a small number of Americans, but Tice maintained that the NSA practice was likely being used the gather records for millions of Americans. The NSA denied Tice's allegations. In the wake of recent reports detailing the extent of the NSA's data surveillance programs, Tice has again come out as a skeptic of the administration's response. While defenders of the program have insisted that there is nothing to suggest the government has the authority -- or desire -- to listen in on people's phone calls without a warrant, Tice told The Guardian that he believes the NSA has developed the capability "to collect all digital communications word for word."
Paul Merrell

Barack Obama will not rule out pardon for Hillary Clinton amid Donald Trump warning she could be jailed - 0 views

  • he White House will not rule out pardoning Hillary Clinton for any offences she may have committed over her use of a private email server, after Donald Trump's warning that she would be jailed if he became president.  A spokesman for President Barack Obama left open the possibility of a pardon, which would shield Mrs Clinton from prosecution even after the President leaves office. "We don't talk about the President's thinking, particularly with respect to any specific cases that might apply to pardons or commutations," Josh Earnest said. Rudy Giuliani, the former New York mayor and a front-runner to be Mr Trump's attorney general, said yesterday that Mr Obama should allow any investigation into Mrs Clinton, or the foundation run by former president Bill Clinton, to run its course.
Paul Merrell

Ex-U.S. Attorney backs Leonard Peltier's bid for clemency - NY Daily News - 0 views

  • The U.S. Attorney whose office prosecuted Native American activist Leonard Peltier 40 years ago wrote to President Obama just before Christmas to support the aging prisoner’s bid for clemency. James Reynolds, the former U.S. Attorney in Iowa, contacted the White House and the Department of Justice in a Dec. 21 letter asking that Peltier — now 71 and in failing health — be given a compassionate release. “I think it’s time,” Reynolds, 77, told the Daily News from his Florida home. “Forty years is enough,” the former U.S. attorney said.
  • He also admitted he’s not convinced of Peltier’s guilt — even though the activist was convicted of fatally shooting FBI agents Jack Coler and Ronald Williams and has spent the last four decades behind bars. “I don’t know. Who knows?” Reynolds said, when asked if the wrong man might have gone to prison. “The hardest thing is to try and go back and reconstruct history. He may not have (done the crime),” Reynolds said, adding that Peltier “would not be the first” to suffer a wrongful conviction.
  • “When you stand at the bottom and you look at the naked underbelly of our system, it has got flaws. It’s still the best one we’ve got, but at certain points there has to be a call for clemency and that’s where we are,” the former U.S. attorney said.
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  • As for the famously controversial trial for the June 1975 shootings and subsequent appeal from Peltier — which was rejected — Reynolds admitted that “we might have shaved a few corner here and there.” Reynolds was appointed to his position by former President Jimmy Carter in 1980. His predecessor, Evan Hultman, handled the original prosecution of Peltier for the FBI agents deaths during a wild shoot out at the Pine Ridge Indian Reservation in South Dakota. Reynolds asked Hultman to stay on and help block Peltier’s appeal, which failed to get his conviction overturned.
  • Peltier, who was part of the American Indian Movement in the 1970s — a group the FBI was investigating for suspected subversive activities — is considered a political prisoner by Amnesty International. His fight for freedom has garnered support from all corners of the globe and is a cause celebrated among many different social justice groups.
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    40 years later, the D.A. admits it may have been a wrongful conviction. Whew!
Paul Merrell

MI6 gets off scot-free over rendition of suspected Islamists to Libya | World news | The Guardian - 0 views

  • So after more than four years of Scotland Yard investigations, and months of agonising within the Crown Prosecution Service, ministers and MI6 are getting off scot-free over the abduction and subsequent torture of two suspected Islamists. Abdel Hakim Belhaj and Sami al-Saadi were enemies of Muammar Gaddafi delivered to Tripoli, courtesy of MI6 and the CIA, in 2004 when Tony Blair’s government was cuddling up to the Libyan dictator. Gaddafi had promised to abandon his nuclear and chemical weapons programme and as a reward for British friendship – including the secret rendition of his opponents – he agreed to huge and lucrative oil deals for BP.
  • In one of the deepest ironies in the history of British intelligence, clear evidence of British involvement in the rendition of Belhaj, Saadi and their families to Tripoli’s jails emerged in 2001. They were spelled out in a letter from Sir Mark Allen, then head of MI6 counter-terrorism operations, to Moussa Koussa, Gaddafi’s intelligence chief, written in March 2004. In it, Allen trumpeted MI6’s role in the operation. The letter was found among documents in Moussa’s office destroyed by Nato bombs. Saadi accepted £2.2m compensation from the British government. Belhaj chose to fight on, demanding an apology. The supreme court is soon due to deliver judgment on his claim that Britain must take responsibility for his abduction. Lawyers for the government argue that British courts have no right to hear the case since the agents of foreign intelligence agencies – notably the CIA – were also involved in the operation. Eliza Manningham-Buller, then head of MI5 – MI6’s sister service responsible for British security as opposed to spying abroad – was so angry with what MI6 had been up to, that, as the Guardian reported last week, she fired off a letter to Blair complaining about it, saying its actions may have compromised the security and safety of MI5 officers and their informants. Such was her fury that she ejected MI6 staff from MI5’s headquarters, Thames House.
  • After the Allen letter came to light, Blair said he had “no recollection at all” of the Libyan rendition. Jack Straw, then foreign secretary responsible for MI6, told MPs in 2005 – a year after the Libyan abductions – that “there is simply no truth in the claims that the United Kingdom has been involved in rendition full stop.” After the Allen letter emerged, Straw said: “No foreign secretary can know all the details of what its intelligence agencies are doing at any one time.” Government officials have insisted that the operation was in response to “ministerially authorised government policy”. Sir Richard Dearlove, head of MI6 at the time, has said: “It was a political decision, having very significantly disarmed Libya, for the government to cooperate with Libya on Islamist terrorism.” Referring to MI6’s links with Gaddafi, Manningham-Buller has stated: “There are clearly questions to be answered about the various relationships that developed afterwards and whether the UK supped with a sufficiently long spoon.” Section 7 of the 1994 Intelligence Services Act, sometimes described as the “James Bond clause”, protects MI6 officers from prosecution for actions anywhere in the world that would otherwise be illegal. They would be protected as long as their actions were authorised in writing by the secretary of state.
Gary Edwards

Arnold Ahlert: Russia Would Love a Third Obama Term - The Patriot Post - 0 views

  • New York Post columnist John Crudele obliterates the despicable word-parsing. “Clinton was so careless when using her BlackBerry that the Russians stole her password,” he writes. “All Russian President Vladimir Putin’s gang had to do was log into Clinton’s account and read whatever they wanted.” When it comes to the DNC hack, “The Russians did it” is the theme-du-jour. Clinton campaign manager, Robby Mook stated Sunday that “experts are telling us that Russian state actors broke into the DNC, stole these emails, [and are] releasing these emails for the purpose of helping Donald Trump.” The campaign itself echoed that assertion. “This is further evidence the Russian government is trying to influence the outcome of the election.”
  • The reliably leftist Politico — so far left that reporter Ken Vogel remains employed there despite sending a story to the DNC before he sent it to his own editor — is quite comfortable advancing that agenda, using it as a vehicle to buff up Clinton’s tenure as secretary of state. “Former U.S. officials who worked on Russia policy with Clinton say that Putin was personally stung by Clinton’s December 2011 condemnation of Russia’s parliamentary elections, and had his anger communicated directly to President Barack Obama,” Politico reports. “They say Putin and his advisers are also keenly aware that, even as she executed Obama’s ‘reset’ policy with Russia, Clinton took a harder line toward Moscow than others in the administration. And they say Putin sees Clinton as a forceful proponent of ‘regime change’ policies that the Russian leader considers a grave threat to his own survival.” Yet even Politico is forced to admit the payback angle is “speculation,” and that some experts remain “unconvinced that Putin’s government engineered the DNC email hack or that it was meant to influence the election in Trump’s favor as opposed to embarrassing DNC officials for any number of reasons.”
  • Americans would also be wise to remain highly skeptical of this claim for any number of reasons. WikiLeaks founder Julian Assange asserts there is “there is no proof whatsoever” Russia is behind the hack and that “this is a diversion that’s being pushed by the Hillary Clinton campaign.” To be fair, Assange is a Russian sympathizer, and leftists aren’t the only ones attributing the hack to the Russians. The same FBI that gave Clinton a pass will be investigating the DNC hack, and at some point the bureau will reach a conclusion. In the meantime, it might be worth considering that this smacks of a carefully orchestrated disinformation campaign similar to the one Clinton and several other Obama administration officials engineered with regard to Benghazi. While Clinton was never held personally or legally accountable for the deaths of four Americans, it is beyond dispute that she lied unabashedly about a video causing the attack, while sending her daughter a damning email at 11:12 p.m. on Sept. 11, 2012, admitting the administration knew “the attack had nothing to do with the film. It was a planned attack, not a protest.” The theme of this coordinated narrative? Clinton campaign chair John Podesta referred Monday night to “a kind of bromance going on” between Putin and Trump. Clinton campaign manager Robby Mook echoed that assertion, insisting the email dump comes on the heels of “changes to the Republican platform to make it more pro-Russian.”
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  • The Leftmedia were equally obliging. “The theory that Moscow orchestrated the leaks to help Trump … is fast gaining currency within the Obama administration because of the timing of the leaks and Trump’s own connections to the Russian government,” reports the Daily Beast. Other Leftmedia examples abound. “Until Friday, that charge, with its eerie suggestion of a Kremlin conspiracy to aid Donald J. Trump, has been only whispered,” shouted the New York Times. “Because the leaks are widely suspected of being the result of a Russian hacking operation, they can be used to reinforce the narrative that Russian President Vladimir Putin is rooting for Trump and that Trump, in turn, would be too accommodating to Moscow,” adds the Los Angeles Times. “Why would Russian President Vladimir Putin want to help Donald Trump win the White House?” asks NPR. “If you want to indulge in a bit of conspiracy theory, remember that Russian President Vladimir Putin has praised candidate Trump as recently as June,” states the Burlington Free Press.
  • Ultimately, here’s the question: If the Russians could access the DNC server, they could certainly access Clinton’s unsecure server. And if they could access Clinton’s server, including the 33,000 emails she deleted (maybe some were about how the Clintons profited from selling American uranium to Russia), ask yourself who they’d rather have in the Oval Office: Donald Trump, who professed admiration for Putin but remains a highly unpredictable individual — or Hillary Clinton, who could be subjected to blackmail for as long as eight years? Russia’s clear objective would be to have the weakest American leadership they can get. Blackmail aside, what would be weaker than an extension of Obama’s presidency?
  • Moreover, it is just as likely a number of the so-called “experts” as well as Clinton’s useful idiot media apparatchiks have considered the blackmail possibility and are trying to divert attention from it with a phony Trump connection story. Democrats can theorize, complain and blame to their hearts' content, but none of it obscures the reality that the DNC — and by extension Hillary Clinton and the entire Democrat Party — are a conglomeration of morally bereft, utterly incompetent individuals wholly ill-equipped to handle internal security, much less national security. And they are aided and abetted by an equally corrupt media, more than willing to abide that potentially catastrophic reality as long as it gets a Democrat in the Oval Office. WikiLeaks has promised additional dumps with be forthcoming. How much deeper Democrats sink is anyone’s guess.
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    "If one lives by the vulnerable server, one dies by the vulnerable server. As the week unfolds, America is witnessing the ultimate unmasking of the Democrat Party, an entity whose self-aggrandizing claims of unity, fairness and intellectual honesty have been revealed as utterly fraudulent by a flood of DNC emails released by WikiLeaks. Moreover, a stunning level of hypocrisy attends the entire exposure, as DNC Chairwoman Debbie Wasserman Schultz is sent packing for this breach of confidential party information, while Hillary Clinton, whose equally accessible private server contained far more critical top-secret information, officially became the party's standard-bearer. But not to worry, assured FBI Director James Comey, who insisted there was no direct evidence that Clinton's server had been hacked by hostile actors - before adding it was possible that hostile actors "gained access" to Clinton's accounts. Clinton was equally adept at making semantical distinctions. "If you go by the evidence, there is no evidence that the system was breached or hacked successfully," Clinton said. "And I think that what's important here is follow the evidence. And there is no evidence. And that can't be said about a lot of other systems, including government systems.""
Paul Merrell

Ireland To Prosecute Top Banker Who Destroyed Their Economy - Guess Where He Was Hiding - 0 views

  • A former head of a major Irish bank has been extradited from the U.S. and brought before Dublin District Court to face several charges stemming from the bank’s role in the 2008 financial crisis. David Drumm, former chief executive of Irish Anglo Bank from 2005 until 2008, had been arrested in Boston in October 2015, and originally attempted to fight extradition — but he recently withdrew the objection and was returned to Ireland early on Monday. Drumm faces 33 charges in Ireland, which echoes Iceland’s unprecedented move to hold its bankers criminally accountable for their role in that country’s economic meltdown. Though Drumm predictably denied wrongdoing, his charges include “fraud, forgery, misleading management reporting, unlawful lending, falsifying documents, and false accounting, linked to financial transactions prior to the collapse of Anglo,” according to the Irish Times.
  • Though prosecutors consider Drumm a flight risk — after all, he seemed to be seeking safe haven inside the United States — the court allowed the ex-banker to post bail under several conditions. Drumm’s passport is currently being held by the Gardaí (Garda Síochána, or Irish Police), and under the bail arrangement, he assured the court he would not apply for another and does not possess a U.S. passport. Seven of Drumm’s relatives offered to put their houses on the line as ‘security’ for his bail, though the judge only required four names. As RT reported, Drumm is alleged to have participated in transactions totaling around €7 billion between Anglo and a second lending institution, Irish Life and Permanent. Anglo “posted the worst corporate results in Irish history with losses of €17.5 billion for 2010.” Drumm came to the United States in 2009, and reportedly refused to cooperate with an investigation. Prosecutors fear his “capacity to marshal significant sums” of money adds to the possibility Drumm could easily disappear. However, his solicitor argued that in order to better prepare his defense — including sorting through the “millions of documents” and nearly 400 hours of phone conversations — Drumm needed to remain out of prison. As the Times noted, two “books” of evidence will need to be heard by the court — one of which entails bringing 120 witnesses to testify. The former banking executive has not yet entered a formal plea. He faces a maximum penalty of 10 years in prison if found guilty.
Paul Merrell

Leaked Draft of Trump's Religious Freedom Order Reveals Sweeping Plans to Legalize Discrimination | The Nation - 0 views

  • leaked copy of a draft executive order titled “Establishing a Government-Wide Initiative to Respect Religious Freedom,” obtained by The Investigative Fund and The Nation, reveals sweeping plans by the Trump administration to legalize discrimination.
  • The four-page draft order, a copy of which is currently circulating among federal staff and advocacy organizations, construes religious organizations so broadly that it covers “any organization, including closely held for-profit corporations,” and protects “religious freedom” in every walk of life: “when providing social services, education, or healthcare; earning a living, seeking a job, or employing others; receiving government grants or contracts; or otherwise participating in the marketplace, the public square, or interfacing with Federal, State or local governments.” The draft order seeks to create wholesale exemptions for people and organizations who claim religious or moral objections to same-sex marriage, premarital sex, abortion, and trans identity, and it seeks to curtail women’s access to contraception and abortion through the Affordable Care Act. The White House did not respond to requests for comment
  • Language in the draft document specifically protects the tax-exempt status of any organization that “believes, speaks, or acts (or declines to act) in accordance with the belief that marriage is or should be recognized as the union of one man and one woman, sexual relations are properly reserved for such a marriage, male and female and their equivalents refer to an individual’s immutable biological sex as objectively determined by anatomy, physiology, or genetics at or before birth, and that human life begins at conception and merits protection at all stages of life.”
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    Let's not forget that it was the Obama Administration that threw First Amendment jurisprudence into disarray by arguing in the Hobby Lobby case that 501(c)(3) corporations owned by churches should not be required to obey the First Amendment. Now we see the result.
Paul Merrell

Remember when Obama said the NSA wasn't "actually abusing" its powers? He was wrong. - 1 views

  • At a news conference Friday, President Obama insisted that the threat of NSA abuses was mostly theoretical: If you look at the reports, even the disclosures that Mr. Snowden’s put forward, all the stories that have been written, what you’re not reading about is the government actually abusing these programs and, you know, listening in on people’s phone calls or inappropriately reading people’s e-mails. What you’re hearing about is the prospect that these could be abused. Now part of the reason they’re not abused is because they’re — these checks are in place, and those abuses would be against the law and would be against the orders of the FISC [Foreign Intelligence Surveillance Court]. Today our colleague Barton Gellman released new documents that contradicted Obama’s claims. Gellman obtained an audit of the NSA’s compliance record from NSA leaker Snowden earlier this summer. The audit, dated May 2012, counted 2,776 incidents in the preceding 12 months where the agency engaged in “unauthorized collection, storage, access to or distribution of legally protected communications.” The audit only covered issues at NSA facilities in the D.C. and Fort Meade areas.
  • Obama said that wasn’t supposed to happen because it would be “against the orders of the FISC.” So why didn’t the judges on the court catch these abuses? In another story broken by The Post today, the chief of the Foreign Intelligence Surveillance Act (FISA) Court admits he doesn’t actually have the capability to investigate the compliance record of NSA surveillance programs:
  • Under the FISA regime, the government doesn’t have to seek permission for individual surveillance targets. Instead, it seeks FISC approval for broad schemes of surveillance like PRISM and the phone records program. But that makes it extremely difficult for the FISC to check the court’s work, since the NSA can — and, apparently, did — hide misconduct from the court that’s supposedly supervising its activities.
Paul Merrell

Exclusive: Peers call for proper scrutiny of American military bases in UK used for drone strikes and mass spying - Home News - UK - The Independent - 0 views

  • Scrutiny of American military bases in Britain could be increased dramatically for the first time in more than 60 years under cross-party proposals provoked by evidence that the installations are being used for drone strikes and mass spying activities. Draft proposals tabled by peers from all three major parties demand that the Government overhaul the “outdated” rules under which the Pentagon’s network of UK outposts operate following claims of British complicity in US drone missions in the Middle East and eavesdropping on European allies.
  • The revelations have fuelled concern in Parliament that British oversight of the bases, which operate under the 1951 Status of Forces Agreement, is outmoded and in urgent need of drastic revision because the legislation was drawn up long before technology such as drones or mass surveillance
  • Three senior peers from the Conservatives, Labour and the Liberal Democrats - along with a crossbencher - have tabled amendments to defence legislation currently going through the House of Lords demanding that the Government considers the introduction of measures including a new “scrutiny group” for each US base to ensure all activities carried out comply with British law.Under current arrangements, each US base is nominally under the command of a British officer but critics say meaningful oversight is impossible.The proposed scrutiny panels would include a “member holding high judicial office” and an independent scrutineer “with expertise in the particular technology used and services carried out by the visiting forces”.
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  • The proposals also place a duty on the Interception of Communications Commissioner, who is responsible for reviewing the eavesdropping activities of Britain’s spying agencies, to produce an annual report on whether US bases are operating within the Regulation of Investigatory Powers Act, which lays out the limits for public bodies to carry out surveillance and investigation. The Government admitted last year that there is no requirement to monitor US compliance with RIPA at bases including RAF Menwith Hill.
Paul Merrell

Bill Summary & Status - 113th Congress (2013 - 2014) - H.R.1852 - THOMAS (Library of Congress) - 0 views

  • H.R.1852 Latest Title: Email Privacy Act Sponsor: Rep Yoder, Kevin [KS-3] (introduced 5/7/2013)      Cosponsors (180) Related Bills: H.R.1847, H.R.3557, S.607 Latest Major Action: 6/14/2013 Referred to House subcommittee. Status: Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
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    Email Privacy Act, being heavily pushed by EFF and other digital privacy organizations. Ends the government's ability to obtain emails stored with a service provider without a court order. Congressional response to the Sixth Circuit's decision in U.S. v. Warshak holding that the 4th Amendment trumps the latitude granted to law enforcement to gather stored communications in the Stored Communications Act/Eelectronic Communications Privacy Act.   
Paul Merrell

Article: New War Budget & Strategy Announced by Obama Team | OpEdNews - 0 views

  • Secretary of War Chuck Hagel yesterday announced the Obama administration's Pentagon budget proposal for the coming year.  Despite mandates for cuts in military spending after agreements with Congress under sequestration, Hagel actually calls for an increase of more than $115 billion for war making. The Hagel budget basically calls for cuts in Army ground forces and cutbacks in military pay, housing and commissary facilities on bases.  Life for the enlisted will become more difficult.   The Pentagon is also calling for the closing of a few National Guard posts in some states.   Hagel calls for 'sustaining' the Pentagon's nuclear triad - air, ground, and sea delivery systems of nuclear weapons.  Also called for is an increase in drones and robotic forces as well as significant expansion in cyber warfare capabilities.   Wall Street immediately reacted by joyfully giving Lockheed-Martin all-time high stock gains.  The writing on the wall is clear - cuts in troop levels and increase in high-tech space directed war-making capability.
  • We will see an expansion of US "hidden" wars in the near future and the Obama budget reflects this reality.  While Hagel wants to pare back the size of the active-duty military by 13% and the reserves by 5% in coming years he would boost the size of Special Operations forces by about 6%.  The plan is to add more than 3,000 personnel to the kinds of special ops forces teams that reportedly killed Osama bin Laden in Pakistan.  These same clandestine forces now operate in more than 75 countries around the world.  In his film "Dirty Wars" investigative journalist Jeremy Scahill reports on the largely unaccountable Joint Special Operations Command (JSOC) that is now doing targeted assassinations, destabilization, and training of right-wing and terrorist forces used by the US in places like Ukraine, Afghanistan, Pakistan, Libya, Yemen, Somalia, Syria, Venezuela and beyond. The corporate oligarchy is moving rapidly to consolidate their total control of the people around the world and the US is playing its role of "security export" rather well. Mainstream media reports of the Hagel announcement also tag two key places on the planet that will receive special emphasis from this new budget.  Those are the African continent and the Asia-Pacific.  This is where the long-range military operations planning and funding are heading.
Paul Merrell

Senators clash with Justice Department lawyer over CIA intelligence memos | World news | theguardian.com - 0 views

  • An argument about a secret congressional committee's ability to review the US intelligence agencies exploded into rare public view on Tuesday as angry senators demanded legal memos from a nominee to run the CIA's legal office. Caroline Krass, a top justice department lawyer, sparked the ire of several Senate intelligence committee members by claiming that crucial legal opinions about intelligence matters were beyond the scope of the committee. Asked directly and repeatedly if the Senate panel was entitled to the memos, which several senators claimed were crucial for performing their oversight functions, Krass replied: "I do not think so, as a general matter." Dianne Feinstein, the California Democrat who chairs the committee, suggested that Krass placed her nomination as CIA general counsel in jeopardy. "You are going to encounter some heat in that regard," Feinstein said.
  • The Senate intelligence committee, whose public hearings are increasingly rare, is usually a bastion of support for the CIA and its sister intelligence agencies. The exception is the committee's prolonged fight with the CIA over a 6,300-page report on the agency's torture of terrorism detainees in its custody since 9/11. The committee has prepared its report for years; the former chairman, Jay Rockefeller of West Virginia, said the classified version contains 50,000 footnotes. For a year, the panel has sought to release a public version that multiple members of the panel say documents both the brutality of CIA torture and what they have called "lies" told by the CIA to the oversight committees in Congress and the rest of the executive branch concerning its torture practices. CIA director John Brennan, who was a senior CIA official during the years scrutinised by the committee, is resisting release of the report. The CIA has told reporters that the report contains numerous factual errors, which Senator Mark Udall, a Colorado Democrat on the panel, said on Tuesday was a "misleading" and self-serving description of differences of "interpretation" between the agency and the committee. "I'm more confident than ever in the factual accuracy" of the torture report, Udall said.
  • The panel said at the hearing that the CIA is stalling on the provision of documents to the committee that will help it complete its work. Krass, a former White House official who worked alongside Brennan there, did not assure the committee she would help provide them. Krass said the general counsel of the CIA had a "duty and obligation to make sure the committee understands the legal basis" for CIA activities. She worried that disclosure of the legal memos themselves would inhibit the executive branch from candidly discussing policy proposals for fear of embarrassing public disclosure. Several senators found Krass's statement insufficient. Carl Levin, a Michigan Democrat who has investigated torture while serving on the Armed Services Committee as well, asked if the committee was "entitled" to the opinions as a matter of oversight. Krass said her "caveated answer" was, "I do not think so, as a general matter." It is unclear if the committee will reject Krass's nomination. But the two-hour exchange highlighted the difficulties the intelligence committees can face in getting basic factual information from the intelligence agencies they are tasked with overseeing.
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  • Those difficulties carry over to the ongoing controversy about the NSA's bulk surveillance activities, Udall and his colleague Ron Wyden of Oregon have charged. But they are the only dissenters on a committee that has been stalwart in favour of the NSA, even as the committee is feuding with the CIA. Feinstein got Krass to say she disagreed with a federal judge's opinion on Monday that the NSA's bulk surveillance of US phone data was likely unconstitutional. Krass, who would have a limited ability to oversee that program at CIA but likely has insight into it through her Justice Department role, disputed Judge Richard Leon's assessment that such constitutional protections surround that data. "I have a different view about the Fourth Amendment," Krass said. Feinstein said she agreed with Krass, but said no one on the committee wished to contravene the constitution, urging the Supreme Court to settle the issue.
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    John Kennedy had the right idea: abolish the CIA. 
Paul Merrell

NSA mass collection of phone data is legal, federal judge rules | World news | theguardian.com - 0 views

  • NSA phone data collection deemed legal: full ruling
  • A legal battle over the scope of US government surveillance took a turn in favour of the National Security Agency on Friday with a court opinion declaring that bulk collection of telephone data does not violate the constitution. The judgement, in a case brought before a district court in New York by the American Civil Liberties Union, directly contradicts the result of a similar challenge in a Washington court last week which ruled the NSA's bulk collection program was likely to prove unconstitutional and was "almost Orwellian" in scale. Friday's ruling makes it more likely that the issue will be settled by the US supreme court, although it may be overtaken by the decision of Barack Obama on whether to accept the recommendations of a White House review panel to ban the NSA from directly collecting such data. But the ruling from Judge William Pauley, a Clinton appointee to the Southern District of New York, will provide important ammunition for those within the intelligence community urging Obama to maintain the programme.
  • Judge Pauley said privacy protections enshrined in the fourth amendment of the US constitution needed to be balanced against a government need to maintain a database of records to prevent future terrorist attacks. “The right to be free from searches is fundamental but not absolute,” he said. “Whether the fourth amendment protects bulk telephony metadata is ultimately a question of reasonableness.”
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  • The ACLU case against the NSA was dismissed primarily on the grounds that bulk collection was authorised under existing laws allowing “relevant” data collection to be authorised by secret US courts. Judge Pauley took a more sympathetic view of this relevance standard than many lawmakers in Congress, although he acknowledged it was “problematic” that many were not aware of how widely the law was being interpreted before disclosures by NSA whistleblower Edward Snowden. “The ACLU argues that the category at issue – all telephony metadata – is too broad and contains too much irrelevant information. That argument has no traction here. Because without all the data points, the government cannot be certain it is connecting the pertinent ones,” said Pauley. “There is no way for the government to know which particle of telephony metadata will lead to useful counterterrorism information ... Armed with all the metadata, NSA can draw connections it might otherwise never be able to find. The collection is broad, but the scope of counterterrorism investigations is unprecedented.” The ACLU said it would appeal the decision, starting in the New York circuit.
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    So now we have one judge for an Orewellian future and one against. 
Paul Merrell

How a Court Secretly Evolved, Extending U.S. Spies' Reach - NYTimes.com - 0 views

  • Previously, with narrow exceptions, an intelligence agency was permitted to disseminate information gathered from court-approved wiretaps only after deleting irrelevant private details and masking the names of innocent Americans who came into contact with a terrorism suspect. The Raw Take order significantly changed that system, documents show, allowing counterterrorism analysts at the N.S.A., the F.B.I. and the C.I.A. to share unfiltered personal information.
  • The leaked documents that refer to the rulings, including one called the “Large Content FISA” order and several more recent expansions of powers on sharing information, add new details to the emerging public understanding of a secret body of law that the court has developed since 2001. The files help explain how the court evolved from its original task — approving wiretap requests — to engaging in complex analysis of the law to justify activities like the bulk collection of data about Americans’ emails and phone calls.“These latest disclosures are important,” said Steven Aftergood, the director of the Project on Government Secrecy at the Federation of American Scientists. “They indicate how the contours of the law secretly changed, and they represent the transformation of the Foreign Intelligence Surveillance Court into an interpreter of law and not simply an adjudicator of surveillance applications.”
  • The number of Americans whose unfiltered personal information has been shared among agencies is not clear. Since the Sept. 11 attacks, the court has approved about 1,800 FISA orders each year authorizing wiretaps or physical searches — which can involve planting bugs in homes or offices, or copying hard drives — inside the United States. But the government does not disclose how many people had their private conversations monitored as a result.
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  • The new disclosures come amid a debate over whether the surveillance court, which hears arguments only from the Justice Department, should be restructured for its evolving role. Proposals include overhauling how judges are selected to serve on it and creating a public advocate to provide adversarial arguments when the government offers complex legal analysis for expanding its powers.
  • The Raw Take order, back in 2002, also relaxed limits on sharing private information about Americans with foreign governments. The bar was higher for sharing with outsiders: Raw information was not provided, and even information deemed relevant about a terrorism issue required special approval. Under procedures described in a 1984 report, only the attorney general could authorize such dissemination. But on Aug. 20, 2002, Attorney General John Ashcroft, citing the recent order, secretly issued new procedures allowing the N.S.A. to provide information to foreign governments without his clearance. “If the proposed recipient(s) of the dissemination have a history of human rights abuses, that history should be considered in assessing the potential for economic injury, physical harm, or other restriction of movement, and whether the dissemination should be made,” he wrote.
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    NYT publishes a new treasure trove of Snowden documents. This lead article links to documents and links to other articles that link documents. A must-read for those interested in how the FISA Court and Congress "grew" the law governing the scope of permissible surveillance and the scope of who would be given access to the fruits of that surveillance. 
Paul Merrell

Former NSA and CIA director says terrorists love using Gmail - 0 views

  • Former NSA and CIA director Michael Hayden stood on the pulpit of a church across from the White House on Sunday and declared Gmail the preferred online service of terrorists. As part of an adult education forum at St. John’s Episcopal Church, Hayden gave a wide ranging speech on "the tension between security and liberty." During the speech, he specifically defended Section 702 of the Foreign Surveillance Intelligence Act (FISA), which provides the legal basis for the PRISM program. In doing so, Hayden claimed "Gmail is the preferred Internet service provider of terrorists worldwide," presumably meaning online service rather than the actual provider of Internet service. He added: "I don't think you're going to see that in a Google commercial, but it's free, it's ubiquitous, so of course it is."
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    I wonder if he was just shooting from the hip, or if not, whether his analysis ignored some important factors, e.g., -- Qualitative factors, e.g., is he talking about run-of-the-mill terrorists or tech-savvy "terrorists." One might reasonably suspect that the tech-savvy would avoid Gmail like the plague particularly since Edward Snowden's disclosures began to appear. -- Likewise, are the NSA's foreign language Email scanning abilities as good as their English scanning abilities? One might reasonably suspect that the tech-savvy "terrorists" communicate using fairly obscure foreign human languages that NSA's scanners do less than a good job of comprehending. Remember the "Wind Talkers" of World War II who communicated using the Navajo language, a "code" the Japanese never decoded.  -- There's also the selection factor. We now know that NSA gets daily doses of email metadata from Google and Yahoo! but hasn't yet set up similar listening posts for most email services on the globe. Are we to believe that the availability of the metadata  for the big two email services has no effect on detection of "terrorist" emails? I doubt that NSA would be fighting so hard to keep PRISM were that true.
Paul Merrell

Wells Fargo fails to end U.S. mortgage fraud lawsuit | Reuters - 0 views

  • A federal judge has rejected Wells Fargo & Co's bid to dismiss a U.S. government lawsuit accusing the nation's largest mortgage lender of fraud, a victory for federal investigators pursuing cases tied to the recent housing and financial crises. U.S. District Judge Jesse Furman in Manhattan said on Tuesday that the government may pursue its key federal claims that Wells Fargo lied about the quality of mortgages it submitted to a government insurance program, costing hundreds of millions of dollars over roughly a decade.In particular, Furman sided with the U.S. Department of Justice's interpretation of the Financial Institutions Reform, Recovery and Enforcement Act of 1989, a law adopted after the 1980s savings-and-loan crisis that lets the government sue for fraud affecting a federally-insured financial institution.Wells Fargo said the FIRREA claim should be tossed because the only institution affected by its conduct was itself.But Furman concluded otherwise, following the lead of two colleagues on the Manhattan federal court, Jed Rakoff and Lewis Kaplan, in cases against Bank of America Corp and Bank of New York Mellon Corp, respectively
Paul Merrell

Seymour Hersh on death of Osama bin Laden: 'It's one big lie, not one word of it is true' | The Raw Story - 0 views

  • Seymour Hersh has got some extreme ideas on how to fix journalism – close down the news bureaus of NBC and ABC, sack 90% of editors in publishing and get back to the fundamental job of journalists which, he says, is to be an outsider. It doesn’t take much to fire up Hersh, the investigative journalist who has been the nemesis of US presidents since the 1960s and who was once described by the Republican party as “the closest thing American journalism has to a terrorist”. He is angry about the timidity of journalists in America, their failure to challenge the White House and be an unpopular messenger of truth. Don’t even get him started on the New York Times which, he says, spends “so much more time carrying water for Obama than I ever thought they would” – or the death of Osama bin Laden. “Nothing’s been done about that story, it’s one big lie, not one word of it is true,” he says of the dramatic US Navy Seals raid in 2011. Hersh is writing a book about national security and has devoted a chapter to the bin Laden killing. He says a recent report put out by an “independent” Pakistani commission about life in the Abottabad compound in which Bin Laden was holed up would not stand up to scrutiny. “The Pakistanis put out a report, don’t get me going on it. Let’s put it this way, it was done with considerable American input. It’s a bullshit report,” he says hinting of revelations to come in his book.
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