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IRS Lawyer Carter Hull Confirms Tea Party Targeting Ordered By Washington - Investors.com - 0 views

  • Hull has confirmed the premeditated targeting of Tea Party groups went even higher than him or Lerner.
  • Apparently not only Tea Party groups were targeted but actual candidates as well. On March 9, 2010, the day Tea Party candidate Christine O'Donnell revealed her plan to run for Vice President Joe Biden's former Delaware Senate seat , an IRS tax lien was placed on a house purported to be hers, an action that was quickly publicized by those who did not wish her well.
  • Earlier this year, Dennis Martel, special agent with the Department of Treasury in Baltimore, left a message on O'Donnell's cell phone telling her that an official in Delaware state government had improperly accessed her records on that very same day. The problem was that the house was not hers in the first place and the IRS eventually blamed the lien on a computer glitch and withdrew it.
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  • To us it is inconceivable that one of only two political appointees was directly involved in targeting of Tea Party groups without White House knowledge and consent. It is said the fish rots from the head, and this one is really beginning to stink.
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    This has gone way too far.  The 2012 elections must be nullified and rescheduled.  Tens of millions of American citizens have been systematically targeted, their civil and Constitutional rights destroyed, and their voices and votes politically eliminated by a massive government conspiracy.  The 2012 election is a fraud.  And nothing short of complete nullification and recall, and the termination of the IRS will do the great Republic justice. excerpt: Scandal: A retiring IRS lawyer implicates the IRS chief counsel's office, headed by an Obama appointee, as well as the head of the IRS' exempt organizations office. The targeting included a Tea Party Senate candidate. In Thursday's hearing before the House Oversight Committee, 72-year-old retiring IRS lawyer Carter Hull implicated the IRS chief counsel's office headed by William J. Wilkins, who attended at least nine White House meetings, and Lois Lerner, head of the exempt-organizations office, in the IRS scandal. In so doing, he made clear the targeting of Tea Party groups started in Washington and was directed from Washington. A tax-law specialist with 48 years of IRS experience, Hull testified that Lerner, the former head of the exempt organizations division, demanded that he send some of the reviews of Tea Party groups to the IRS chief counsel's office in Washington. The chief counsel is one of two political appointees in the IRS. According to Hull's testimony, Lerner, who famously pleaded her Fifth Amendment rights before the same committee, gave an atypical instruction that the Tea Party applications undergo special scrutiny that included an uncommon multilayer review that involved a top adviser to Lerner as well as the chief counsel's office. Hull's name came up earlier in the testimony of Holly Paz, a D.C.-based supervisor in the IRS's tax-exempt status division, who reported to Lerner. It was on May 22, the day after Paz was interviewed by investigators, that Lerner refused to answer questions from
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Al-Qaeda might attack Guantanamo, claims US - Human Rights - Al Jazeera English - 0 views

  • In a 13-page brief filed on Friday in federal court in Washington, DC, government lawyers assert that a June 3 declaration signed by Guantanamo prison warden Colonel John Bogdan, which sought to justify the rationale behind the genital search policy , contains details about "operational-security and force-protection procedures" that, if made public, "would better enable our enemies to attack the detention facilities at Guantanamo or undermine security at the facility".
  • The government made these claims in response to a motion to intervene  filed by this reporter in federal court last month which sought to unseal Bogdan's six-page declaration. Journalists can intervene in court cases and argue for the release of certain materials on the grounds that the public has a right of access to judicial records. The warden's declaration was submitted by the government - under seal - in response to a lawsuit filed by Guantanamo attorneys, who argued the genital search policy Bogdan enacted at the height of a mass hunger strike in April interfered with prisoners' access to their lawyers. The new procedures required prisoners to agree to have their genitals searched whenever they left their cells to meet with attorneys, and upon return, to ensure they were not transporting "contraband". Rather than submit to the searches, numerous prisoners declined to meet with their lawyers.
  • Last month, US District Court Judge Royce Lamberth banned the searches, calling them "religiously and culturally abhorrent". Lamberth said the protocol Bogdan implemented under the guise of security was actually intended to deter prisoners from meeting with their lawyers. The judge noted the "government is a recidivist when it comes to denying counsel access" to the prisoners. Three days after Lamberth issued his opinion, this reporter's Washington, DC-based attorney, Jeffrey Light, filed a motion to intervene to unseal Bogdan's declaration. The following week a federal appeals court reversed Lamberth's decision while the government prepared a formal appeal.
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  • Secret, or not secret? In response to the court filing, the government on Friday released a partially redacted version of Bogdan's declaration, and argued that the blacked-out passages in the document should remain secret - because they contained sensitive "operational-security information" about Guantanamo. But it appears government lawyers were unaware that another version of Bogdan's declaration - one that contained a different set of redactions - was publicly released last month, in documents filed with the federal appeals court when the government asked Lamberth's decision to be put on hold. Redacted passages that the government says needs to remain secret are unredacted in the earlier version filed on the public record as part of the government's appeal. At the same time, some unredacted passages in the declaration submitted on Friday are redacted in the public version of Bogdan's declaration filed with the appeals court last month.
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    Today's free giggle, courtesy of the U.S. Dept. of Justice and Dept. of Defense. So sensitive that it would make Gitmo more susceptible to terrorist attack, Judge. Just ignore that Google Maps view of Gitmo and think about how important it is that we be allowed to fondl ... er, probe those genitals and anuses for contraband and weapons, Judge.  What's that, you say, the intervenor already published the document? We released it last week? Judge ... :-) 
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Judge scolds feds for slow-walking Clinton aide's emails | TheHill - 0 views

  • A federal judge on Tuesday scolded Obama administration lawyers for dragging their feet in handing over documents from top aides to Hillary Clinton.Judge Emmet Sullivan of the U.S. District Court for The District of Columbia suggested that the State Department needs to divert resources to deal with the onslaught of lawsuits seeking to get a hold of emails from Clinton, Huma Abedin and Cheryl Mills.“There has to be some reallocation of resources. There has to be,” he told a pair of government lawyers. “Because these are atypical cases.”ADVERTISEMENTThe State Department, he added, is treating the demands as if “it’s business as usual.”“This case is important to the public,” Sullivan added. “The public is clamoring for the information. Everybody is clamoring for the information.“You have to find the resources.”
  • The case is one of dozens of lawsuits against the department that seek information that involves Clinton’s emails.In the case, launched by conservative advocacy group Citizens United, government lawyers had attempted to delay the deadline for them to hand over documents until at least December.Though even that was merely a “hope date,” Department of Justice Lawyer Caroline Anderson said.The government wouldn’t be able to send out the documents until it had a chance to fully upload them into its digital system, search for the requested terms and then do a line-by-line search to see whether the emails were relevant or needed to be classified for one reason or the other.But the case has lingered for months, and lawyers representing Citizens United accused the government of doing little to speed up the process.“The government knew in the summer of this year that they had a problem, but they waited,” Matthew McGill told the judge.
  • Citizens United's case asked for correspondence between Clinton's former chief of staff Mills, longtime aide Abedin and officials from the Clinton Foundation as well as correspondence about Abedin's part-time work for a consulting firm while also working in the State Department.There are more than 30 lawsuits pending against the State Department seeking to enforce Freedom of Information Act (FOIA) requests for some combination of the tens of thousands of emails from Clinton and other top aides during their time at the State Department.The email requests have been complicated by the revelation earlier this year that Clinton relied exclusively on a personal email address housed on a private server during her tenure as secretary of State. Abedin, Mills and other top aides also used personal email accounts during their time assisting Clinton.In response, the emails have grown to consume a larger and larger portion of work for the 63 full-time employees and one part-timer that the State Department employs to respond to FOIA requests. The department has also brought on the part-time help of 40 Foreign Service officers to assist in the search.
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  • Sullivan ordered the department to finish uploading Abedin's and Mills’s emails and conduct an initial search on them by next Friday. 
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Guantánamo defense attorney: Emails portray Pentagon meddling in death-penalt... - 0 views

  • A USS Cole case defense attorney read aloud from just disclosed emails Tuesday in a ongoing bid to portray a recent order to war court judges to live permanently at Guantánamo as unlawful meddling meant to rush justice in the death-penalty case.Navy Cmdr. Brian Mizer, defending Abd al Rahim al Nashiri, said the documents he got through a court order overnight demonstrated that the Pentagon office knew that the rule change adopted last month would not just make waves but could constitute the U.S. military crime of unlawful influence.“In trying to speed up a trial, are we affecting its fairness?” wrote a legal adviser, Cmdr. Raghav Kotval, on the staff of the Convening Authority for Military Commissions. “If, for example, the judge is less inclined to grant a continuance because it means more time on Gitmo, is that adverse to the accused?”The Nov. 14 email circulated among U.S. military legal staff reviewing a proposed war-court regulation for the Convening Authority, retired Marine Maj. Gen. Vaughn Ary, the Pentagon–based overseer of military commissions. Less than a month later, on Dec. 9, Ary formally asked Deputy Secretary of Defense Robert Work for the change. Work did just that on Jan. 7, ordering judges assigned to Guantánamo cases to give up their prestigious day jobs.
  • Defense lawyers cast the open-ended relocation order to judges living with family in more comfortable settings in Italy and the East Coast of the United States as punishment that exiles them for not proceeding swiftly through a complicated pretrial phase to trials. The 9/11 and USS Cole case judges have spent years navigating thorny pretrial issues — such as torture and secrecy, CIA involvement in the court and evolving war court law.A case prosecutor, Navy Lt. Paul Morris, dismissed the documents as nothing more than routine “brainstorming of potential issues” among colleagues. Another prosecutor, Army Col. Robert Moscati, said there was no proof that their boss, Ary, knew of the reservations they raised.Ary was scheduled to testify Wednesday by video-teleconference from his headquarters outside Washington, D.C.
  • In a filing, prosecutors defend the judge’s move-in order as simply surging staff to the war court for “the increased operational tempo that’s expected.”The three war court judges hearing Guantánamo cases have not complied, in part, because the top lawyers in the Army, Navy and Air Force were taken by surprise by the decision that strips them of judges who handle the courts-martial of American service members, too. Mizer cast Kotval as a potential whistleblower, and asked the judge to order his testimony along with that of two other U.S. military officers serving as Ary’s legal advisers in the email chain that received this from Kotval:“Issue: Are we coercing or by unauthorized means influencing the action of a judge?” he wrote. “If not, why are we intruding on what is not typically or traditionally a convening authority’s role. What is the explanation for the action?”Defense attorneys call the order an example of unlawful command influence — a crime in the U.S. military — designed to rush the judges to trial so they can leave this remote base. They want the case dismissed.
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  • Nashiri, a 50-year-old Saudi, is accused of masterminding the al-Qaida suicide bombing that killed 17 U.S. sailors off the coast of Yemen, and the Pentagon prosecutor wants him executed if convicted. But his trial has been mired in complex pretrial proceedings involving secrecy surrounding his 2002-06 detention in the CIA’s secret prison network before he was brought to Guantánamo for possible trial. Judge Spath, for his part, sounded troubled that there was no wider consultation, for example with the top lawyers of the different services, before Ary went to the Deputy Secretary of Defense.He left open the possibility that he might call some of the emailers in Ary’s office as witnesses — as well as the Army’s top lawyer, Lt. Gen. Flora Darpino, who according to another email that surfaced in the case was resisting the Pentagon order to provide judges to the war court declaring, “I can’t afford to lose them to Cuba.”
  • Spath said he was also troubled to see a staffer’s email declaring — “The judges and the defense are aligned on this issue” and “The judges don't want to move” — and wondered aloud if the junior lawyers on Ary’s staff got that impression from the boss.Spath added that the question of “unlawful influence” could “permeate everything in a trial,” and that he would address nothing else at Guantánamo until the issue was resolved. “I want to get you a ruling while we’re down here,” he said, “so we can all then go to our respective places and deal with whatever fallout that might bring.”
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Pentagon scraps judges' Guantánamo move order; 9/11 case unfrozen | Miami Her... - 0 views

  • In an abrupt retreat Friday, the Pentagon revoked an order to war court judges to drop their other military duties and take up residence at this remote base until their cases are over.The 9/11 case judge swiftly responded by lifting a freeze on preparations for the terror trial of alleged mastermind Khalid Sheik Mohammed and four accused accomplices; the judge had imposed the freeze 48 hours earlier with a ruling that found the move-in order appeared to be an illegal bid to rush justice.Defense lawyers in the Sept. 11 and USS Cole death-penalty cases described the Jan. 7 relocation order as “unlawful influence,” a pressure play designed to exile military judges to the remote base in Cuba, cut short pretrial hearings and move straight to trial. Commanders meddling in the judicial function is a crime in the U.S. military. The about-face also averted testimony in the USS Cole bombing case by three three-star officers, the top lawyers of the Navy, Army and Air Force, on how the Pentagon order to move the judges took them by surprise — and its impact.
  • But it did not settle the conflict. Defense lawyers for Saudi Abd al Rahim al Nashiri, 50, argued that the way the order was adopted and withdrawn was illegal.They asked the judge, Air Force Col. Vance Spath, to dismiss the death-penalty charges against Nashiri, who is accused of orchestrating al-Qaida’s Oct. 12, 2000 suicide bombing off the coast of Yemen. Seventeen U.S. sailors were killed and dozens more wounded in the warship attack.Alternatively, Nashiri’s lawyers asked the judge to exclude from the case the architect of the move-in order — retired Marine Maj. Gen. Vaughn A. Ary, as well as his legal staff, who oversee the war court in the so-called Office of the Convening Authority. The new Secretary of Defense, Ash Carter, should replace them with officials untainted by the relocation order, said Nashiri’s civilian lawyer, Rick Kammen.
  • Ary “can’t be trusted” to act impartially, said Kammen, noting Ary’s role includes funding the defense and choosing the jury pool of U.S. military officers — Kammen called it driving “the death train” by handpicking “the people that he wants to kill Nashiri.”Prosecutors said, with the move-in order gone, the issue was over. They urged Spath to drop it. “We get that there is an appearance issue,” said the chief war crimes prosecutor, Army Brig. Gen. Mark Martins. “We all are guardians. The independence of the judiciary is at the heart of this.” Spath disagreed. Testimony earlier this week by Ary, the judge said, demonstrated there was “some evidence of unlawful influence.” Spath never dropped his other duties and never moved to this base. But hearing evidence this week disclosed a behind-the-scenes plan to remove Spath from the USS Cole case rather than relieve him of his other job as chief of the Air Force judiciary.Ary undertook this change “knowing it could remove a sitting trial judge,” said Spath, adding he would rule Monday morning on the defense motion to dismiss the charge
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  • The Sept. 11 case judge, Army Col. James L. Pohl, halted the proceedings this week, and said he wouldn’t resume them until the Pentagon lifted the move-in order. He said it appeared to constitute improper pressure on the judiciary to speed justice along. Friday afternoon, a USS Cole prosecutor, Navy Lt. Paul Morris, announced in court that Pohl had lifted his freeze.
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NSA Surveillance Chilling Effects: HRW and ACLU Gather More Evidence | Electronic Front... - 0 views

  • Human Rights Watch and the ACLU today published a terrific report documenting the chilling effect on journalists and lawyers from the NSA's surveillance programs entitled: "With Liberty to Monitor All: How Large-Scale US Surveillance is Harming Journalism, Law and American Democracy." The report, which is chock full of evidence about the very real harms caused by the NSA's surveillance programs, is the result of interviews of 92 lawyers and journalists, plus several senior government officials.  This report adds to the growing body of evidence that the NSA's surveillance programs are causing real harm.  It also links these harms to key parts of both U.S. constitutional and international law, including the right to counsel, the right of access to information, the right of association and the free press. It is a welcome addition to the PEN report detailing the effects on authors, called Chilling Effects: How NSA Surveillance Drives US Writers to Self-Censor and the declarations of 22 of EFF's clients in our First Unitarian Church of Los Angeles v. NSA case. 
  • The HRW and ACLU report documents the increasing treatment of journalists and lawyers as legitimate surveillance targets and surveys how they are responding. Brian Ross of ABC says: There’s something about using elaborate evasion and security techniques that’s offensive to me—that I should have to operate as like a criminal, like a spy. The report also notes that the government increasingly likens journalists to criminals. As Scott Shane of the New York Times explains: To compare the exchange of information about sensitive programs between officials and the media, which has gone on for decades, to burglary seems to miss the point. Burglary is not part of a larger set of activities protected by the Constitution, and at the heart of our democracy. Unfortunately, that mindset is sort of the problem. Especially striking in the report is the disconnect between the real stories of chilling effects from reporters and lawyers and the skeptical, but undocumented, rejections from senior government officials.  The reporters explain difficulties in building trust with their sources and the attorneys echo that with stories about the difficulties building client trust.  The senior government officials, in contrast, just say that they don't believe the journalists and appear to have thought little, if at all about the issues facing lawyers.  
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Virginia state agency cancels Jerusalem trip citing Israeli discrimination | The Electr... - 0 views

  • The state agency that regulates the legal profession in Virginia has canceled a planned seminar in Jerusalem following objections over Israel’s discrimination against Americans of Palestinian, Arab and Muslim ancestry. “Certain members of the Virginia State Bar and other individuals have expressed objections to the VSB’s plan to take the Midyear Legal Seminar trip in November to Jerusalem,” Kevin E. Martingayle, the agency’s president, wrote in an email to members today. “It was stated that there are some unacceptable discriminatory policies and practices pertaining to border security that affect travelers to the nation.” “Upon review of US State Department advisories and other research, and after consultation with our leaders, it has been determined that there is enough legitimate concern to warrant cancellation of the Israel trip and exploration of alternative locations,” Martingayle said.
  • “Undoubtedly, this news will disappoint some VSB members,” Martingayle added, “But we are a state agency that strives for maximum inclusion and equality, and that explains this action.” Dozens of lawyers who are members of the VSB had signed an open letter detailing Israel’s discriminatory practices, citing reports from the US government and Amnesty International. The Electronic Intifada has also reported extensively on Israel’s discriminatory denial of entry and other forms of abuse and harassment of Palestinian Americans and other travelers.
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    The practical result of this is that Israel will be off-limits for all bar association activities in the U.S., its territories, and possessions. Not even for the old Continuing Legal Education scam where a CLE session is held in a vacation resort, the lawyers show up, sign in, and skip all the classes.  Less obviously, this will bring Israel's discriminatory border regulation to the attention of virtually all lawyers in the U.S., which will likely seed many lawsuits against, e.g., non-essential U.S. government travel to Israel. It will also stiffen resistance to Congressional junkets to Israel, which are funded by Israel and Zionist organizations in the U.S. The last thing Israel's governing Zionists want is the U.S. legal profession all over them like white on rice. 
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Best property disputes lawyer in Chandigarh-Law Office Of Amit Goyal - 0 views

shared by lawofficeofamit on 29 Dec 18 - No Cached
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    Are you facing a property dispute in Chandigarh? Here is what you can do with help of the best property disputes lawyer in Chandigarh. Some facts about property disputes in Chandigarh The most common property disputes in Chandigarh can be seen where illegal possession, illegal sale of property and disputes related to landlord and tenant occur. The issues arise in the lack of registry information and dispute regarding the status of the title. Property disputes lawyer in Chandigarh can help with legal advice or case handling. Here are some facts to provide more information on property disputes in Indian Jurisdiction.
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As Natural News predicted: NSA has been blackmailing Supreme Court judges, members of C... - 0 views

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    Blackmail! excerpt: "Ten days ago, I publicly stated my belief that the NSA had used its spy apparatus to gather dirt on Supreme Court Justice John Roberts, then used that leverage to force him to change his vote on Obamacare. See the original article here. Five days later, I also predicted the NSA was using its spy powers to surveil members of Congress and the U.S. Senate. In an article published on June 16, 2013, I wrote, "There could already be countless cases of the NSA using its god-like powers to blackmail people in key positions in the U.S. Senate (which is full of pedophiles and perverts), the House of Representatives, the State Department or even the US Supreme Court. There are virtually no limits to the abuses of this power." Suddenly, new revelations prove this to be true. Russ Tice, a Bush-era NSA analyst-turned-whistleblower has sounded the alarm on the true depth of the NSA's surveillance abuses. In an interview on the Boiling Frogs Podcast, Tice stated: They went after -- and I know this because I had my hands literally on the paperwork for these sort of things -- they went after high-ranking military officers; they went after members of Congress, both Senate and the House, especially on the intelligence committees and on the armed services committees and some of the -- and judicial... They went after lawyers and law firms. All kinds of -- heaps of lawyers and law firms. They went after judges. One of the judges is now sitting on the Supreme Court that I had his wiretap information in my hand. Two are former FISA court judges. They went after State Department officials. They went after people in the executive service that were part of the White House -- their own people.
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NSA Spying On - and Blackmailing - Top Government Officials and Military Officers Alex ... - 1 views

  • During the raid, Binney attempted to report to FBI officials the crimes he had witnessed at NSA, in particular the NSA’s violation of the constitutional rights of all Americans.
  • Other NSA whistleblowers have also been subjected to armed raids and criminal prosecution.
  • Even the head of the CIA was targeted with extra-constitutional spying and driven out of office. 
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  • Indeed, Binney makes it very clear that the government will use information gained from its all-pervasive spying program to frame anyone it doesn’t like.
  • In a speech on March 21, second-term Obama gave us a big clue regarding his concept of leadership – one that is marked primarily by political risk-avoidance and a penchant for “leading from behind”:
  • “Speaking as a politician, I can promise you this: political leaders will not take risks if the people do not demand that they do. You must create the change that you want to see.”
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    A handful of NSA Whistleblowers continue to talk, pointing out that the NSA and CIA are using the global dragnet to BLACKMAIL the most powerful and influential people in the world.   That list would include Obama, Chief Justice John Roberts, General David Patraeus, members of the FiSA Court; so many people in fact that it would be easier to guess at the few who are not acting like they are being blackmailed.   Like Ted Cruz, Jim DeMint, and Ron Paul.  Right.  It's a very short list.  Oh wait, Senator DeMint resigned his position.  And so it goes. excerpt: "NSA whistleblower Russel Tice - a key source in the 2005 New York Times report that blew the lid off the Bush administration's use of warrantless wiretapping - told Peter B. Collins on Boiling Frogs Post (the website of FBI whistleblower Sibel Edmonds): Tice: Okay. They went after-and I know this because I had my hands literally on the paperwork for these sort of things-they went after high-ranking military officers; they went after members of Congress, both Senate and the House, especially on the intelligence committees and on the armed services committees and some of the-and judicial. But they went after other ones, too. They went after lawyers and law firms. All kinds of-heaps of lawyers and law firms. They went after judges. One of the judges is now sitting on the Supreme Courtthat I had his wiretap information in my hand. Two are former FISA court judges. They went after State Department officials. They went after people in theexecutive service that were part of the White House-their own people. They went after antiwar groups. They went after U.S. international-U.S. companies that that do international business, you know, business around the world. They went after U.S. banking firms and financial firms that do international business. They went after NGOs that-like the Red Cross, people like that that go overseas and do humanitarian work. They went after a few antiwar civi
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State Department Told to Speed Latest Clinton E-Mail Review - Bloomberg Politics - 0 views

  • A federal judge has ordered the U.S. State Department to accelerate its review of almost 15,000 previously undisclosed documents recovered by the FBI from private e-mail servers used by Hillary Clinton while she was secretary of state.Those documents are among tens of thousands of records the State Department is sifting through to cope with the demands of a Freedom of Information Act lawsuit filed by the conservative group Judicial Watch as the presidential race between Democrat Clinton and Republican Donald Trump enters a crucial phase.U.S. District James Boasberg on Monday ordered the State Department to process that first batch of records by Sept. 22 and report back to him that day. While he didn’t set a schedule for their being made public, a Justice Department lawyer proposed a phased release beginning Oct. 14, a rate that raised the ire of Judicial Watch lawyer Lauren Burke.
  • The slow trickle of disclosures virtually ensures Clinton’s private e-mail use during her term as the top U.S. diplomat will hobble her for the 78 days remaining until Election Day. Bloomberg poll results released Aug. 10 show at least 58 percent of likely voters say they are troubled by the issue, which has been a centerpiece of Trump’s attacks on her trustworthiness.FBI Director James Comey said last month that the agency had found what he described as “several thousand work-related e-mails” that weren’t among the 30,000 she had turned over from her time as secretary of state.While Clinton has said her lawyers provided all work-related e-mails and destroyed the remaining personal communications, Comey contradicted that account, saying the Federal Bureau of Investigation recovered documents from several servers that Clinton had used for her private e-mails as well as by scanning the archives of other U.S. officials.
  • He also said that Clinton’s lawyers had searched only the headings at the top of e-mails to find relevant messages, while agents looked at the entire communications. He said the FBI found no evidence that work-related e-mails were intentionally deleted to conceal them.Justice Department attorney Lisa Olson told Boasberg the State Department review process requires “appraisal” of the public records to determine whether they relate to official business, and a review for responsiveness to the Judicial Watch document demand and whether or not some or all of their content should be deemed exempt from disclosure.“The State Department has concocted a completely new review program under the Freedom of Information Act that we’ve never heard before,” Judicial Watch President Tom Fitton told reporters after the hearing, adding that his organization wants as many documents as possible made public before election day.
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  • The judge acted in one of several suits filed by Judicial Watch, which on Monday released the latest batch of e-mails that it says showed improper efforts by the State Department to aid donors to the Clinton Foundation. A Clinton campaign spokesman said “Hillary Clinton never took actions as Secretary of State because of donations to the Clinton Foundation.”The case is Judicial Watch Inc. v. U.S. Department of State, 15-cv-687, U.S. District Court, District of Washington. (Washington).
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DOJ Official Refuses to Affirm 1st Amendment Rights - 1 views

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    Being a retired lawyer myself, I don't put much stock in that bit of questioning. Rep. Franks repeatedly cut off the DoJ lawyer in his attempts to explain why he couldn't answer the question as phrased. And by no stretch of the imagination did that lawyer "Refuse[] to Affirm 1st Amendment Rights." Franks was grandstanding, asking a leading question whose answer depends on context not given in the question. E.g., as in the example the lawyer attempted to give to explain why more context was necessary, "hate" speech directed at someone because of their religion can be criminally actionable under some circumstances. But it was Congress that enacted that law, not the present Administration's Justice Department. I'm all for booting Obama out of office, but not on some pretext like this. There's plenty he is guilty of to work with. This charge ain't one of them.
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Huge swath of GCHQ mass surveillance is illegal, says top lawyer | UK news | The Guardian - 0 views

  • GCHQ's mass surveillance spying programmes are probably illegal and have been signed off by ministers in breach of human rights and surveillance laws, according to a hard-hitting legal opinion that has been provided to MPs.The advice warns that Britain's principal surveillance law is too vague and is almost certainly being interpreted to allow the agency to conduct surveillance that flouts privacy safeguards set out in the European convention on human rights (ECHR).The inadequacies, it says, have created a situation where GCHQ staff are potentially able to rely "on the gaps in the current statutory framework to commit serious crime with impunity".
  • Last year, Hague told MPs: "It has been suggested GCHQ uses our partnership with the US to get around UK law, obtaining information that they cannot legally obtain in the UK. I wish to be absolutely clear that this accusation is baseless."However, the legal advice poses awkward new questions about the framework GCHQ operates within, the role of ministers and the legality of transferring bulk data to other spy agencies.The advice makes clear Ripa does not allow GCHQ to conduct mass surveillance on communications between people in the UK, even if the data has briefly left British shores because the call or email has travelled to an internet server overseas.
  • The legal advice has been sent to the 46 members of the all-party parliamentary group on drones, which is chaired by the Labour MP, Tom Watson.
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  • In a 32-page opinion, the leading public law barrister Jemima Stratford QC raises a series of concerns about the legality and proportionality of GCHQ's work, and the lack of safeguards for protecting privacy.
  • The opinion notes that the UK has not adopted the doctrine of "anticipatory self-defence" in the same way as the US to provide legal cover for drone strikes in countries where it is not involved in an international armed conflict."Accordingly, in our view, if GCHQ transferred data to the NSA in the knowledge that it would or might be used for targeting drone strikes, that transfer is probably unlawful," the advice states."The transferor would be an accessory to murder for the purposes of domestic law … We consider that, pursuant to the transfer, the agent is likely to become an accessory to murder."Watson said he would be submitting the legal opinion to the parliamentary intelligence and security committee, which is undertaking an inquiry into mass surveillance."MPs now have strong independent advice questioning the legality of major UK intelligence programmes," he said.
  • The advice concludes: "In short, the rules concerning communications data are too uncertain and do not provide sufficient clarity to be in accordance with the law … we consider the mass interception of communications via a transatlantic cable to be unlawful, and that these conclusions would apply even if some or all of the interception is taking place outside UK territorial waters."Leaving decisions about whether data can be shared with agencies abroad to the "unfettered discretion" of ministers is also a probable breach of the convention, the advice warns.
  • "First, the transfer of private data is a significant interference with an individual's article 8 rights. That interference will only be lawful when proportionate."Secondly, the ECHR has held on more than one occasion that surveillance, and the use of surveillance data, is an area in which governments must conduct themselves in a transparent and 'predictable' manner. The current framework is uncertain: it relies on the discretion of one individual."Thirdly, on a pragmatic level,there is a real possibility that the NSA might function as GCHQ's unofficial 'backup' service. If GCHQ is not entitled to hold onto data itself, it might transfer it to the NSA. In time, and if relevant, that data might be transferred back to GCHQ. Without strong guidelines and scrutiny, the two services might support each other to (in effect) circumvent the requirements of their domestic legislation."The opinion adds: "If GCHQ transfers communications data to other governments it does so without any statutory restrictions. Such transfers are a disproportionate interference with the article 8 rights of the individuals concerned. There are no restrictions, checks or restraints on the transfer of that data."
  • At its most extreme, the advice raises issues about the possible vulnerability of staff at GCHQ if it could be proved that intelligence used for US drone strikes against "non-combatants" had been passed on or supplied by the British before being used in a missile attack."An individual involved in passing that information is likely to be an accessory to murder. It is well arguable, on a variety of different bases, that the government is obliged to take reasonable steps to investigate that possibility," the advice says.
  • "If ministers are prepared to allow GCHQ staff to be potential accessories to murder, they must be very clear that they are responsible for allowing it. We have seen a step change in mass covert surveillance and intelligence gathering, underpinned on dubious legal grounds and with virtually no parliamentary oversight. "The leadership of all the main parties should stop turning a blind eye to a programme that has far-reaching consequences around the globe."
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    The lawyer who wrote the opinion is a QC, or Queen's Counsel. See http://en.wikipedia.org/wiki/Queen's_Counsel This opinion *will* result in changes in UK law and oversight of GCHQ. And because much of it is based on the European Convention on Human Rights, the opinion will stoke the anti-spying sentiment in the European Community, which is already at fever-pitch. The ECHR is Europe's implementation of several U.N. treaties on human rights, so the blowback may well extend beyond the EU and UK.  
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Chilling legal memo from Obama DOJ justifies assassination of US citizens - Tea Party - 0 views

  • Chilling legal memo from Obama DOJ justifies assassination of US citizens
  • The president’s partisan lawyers purport to vest him with the most extreme power a political leader can seize (The Guardian) – The most extremist power any political leader can assert is the power to target his own citizens for execution without any charges or due process, far from any battlefield. The Obama administration has not only asserted exactly that power in theory, but has exercised it in practice. In September 2011, it killed US citizen Anwar Awlaki in a drone strike inYemen, along with US citizen Samir Khan, and then, in circumstances that are still unexplained, two weeks later killed Awlaki’s 16-year-old American son Abdulrahman with a separate drone strike in Yemen.
  • a Washington Post article from October reported that the administration is formally institutionalizing this president’s power to decide who dies under the Orwellian title “disposition matrix”.
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  • What has made these actions all the more radical is the absolute secrecy with which Obama has draped all of this. Not only is the entire process carried out solely within the Executive branch - with no checks or oversight of any kind – but there is zero transparency and zero accountability. The president’s underlings compile their proposed lists of who should be executed, and the president – at a charming weekly event dubbed by White House aides as “Terror Tuesday” – then chooses from “baseball cards” and decrees in total secrecy who should die. The power of accuser, prosecutor, judge, jury, and executioner are all consolidated in this one man, and those powers are exercised in the dark.
  • The Most Transparent Administration Ever™ has been so fixated on secrecy that they have refused even to disclose the legal memoranda prepared by Obama lawyers setting forth their legal rationale for why the president has this power.
  • During the Bush years, when Bush refused to disclose the memoranda from his Office of Legal Counsel (OLC) that legally authorized torture, rendition, warrantless eavesdropping and the like, leading Democratic lawyers such as Dawn Johnsen (Obama’s first choice to lead the OLC) vehemently denounced this practice as a grave threat, warning that “the Bush Administration’s excessive reliance on ‘secret law’ threatens the effective functioning of American democracy” and “the withholding from Congress and the public of legal interpretations by the [OLC] upsets the system of checks and balances between the executive and legislative branches of government.”
  • But when it comes to Obama’s assassination power, this is exactly what his administration has done. It has repeatedly refused to disclose the principal legal memoranda prepared by Obama OLC lawyers that justified his kill list. It is, right now, vigorously resisting lawsuits from the New York Times and the ACLU to obtain that OLC memorandum. In sum, Obama not only claims he has the power to order US citizens killed with no transparency, but that even the documents explaining the legal rationale for this power are to be concealed. He’s maintaining secret law on the most extremist power he can assert.
  • Last night, NBC News’ Michael Isikoff released a 16-page “white paper”prepared by the Obama DOJ that purports to justify Obama’s power to target even Americans for assassination without due process (the memo is embedded in full below). This is not the primary OLC memo justifying Obama’s kill list – that is still concealed – but it appears to track the reasoning of that memo as anonymously described to the New York Times in October 2011.
  • there are numerous points that should be emphasized about the fundamentally misleading nature of this new memo:
  • 2. Creating a ceiling, not a floor
  • 1. Equating government accusations with guilt
  • 3. Relies on the core Bush/Cheney theory of a global battlefield
  • 4. Expanding the concept of “imminence” beyond recognition
  • The memo is authorizing assassinations against citizens in circumstances far beyond this understanding of “imminence”. Indeed, the memo expressly states that it is inventing “a broader concept of imminence” than is typically used in domestic law. Specifically, the president’s assassination power “does not require that the US have clear evidence that a specific attack . . . will take place in the immediate future”. The US routinely assassinates its targets not when they are engaged in or plotting attacks but when they are at home, with family members, riding in a car, at work, at funerals, rescuing other drone victims, etc.
  • “This is a chilling document” because “it argues that the government has the right to carry out the extrajudicial killing of an American citizen” and the purported limits “are elastic and vaguely defined, and it’s easy to see how they could be manipulated.”
  • 6. Making a mockery of “due process”
  • Stephen Colbert perfectly mocked this theory when Eric Holder first unveiled it to defend the president’s assassination program. At the time, Holder actually said: “due process and judicial process are not one and the same.” Colbert interpreted that claim as follows: “Trial by jury, trial by fire, rock, paper scissors, who cares?Due process just means that there is a process that you do. The current process is apparently, first the president meets with his advisers and decides who he can kill. Then he kills them.”
  • here we are almost a full decade later. And we have the current president asserting the power not merely to imprison or eavesdrop on US citizens without charges or trial, but to order them executed – and to do so in total secrecy, with no checks or oversight.
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Welcome to Post-Constitution America - Peter Van Buren - 0 views

  • On July 30, 1778, the Continental Congress created the first whistleblower protection law, stating “that it is the duty of all persons in the service of the United States to give the earliest information to Congress or other proper authority of any misconduct, frauds, or misdemeanors committed by any officers or persons in the service of these states.”
  • Two hundred thirty-five years later, on July 30, 2013, Bradley Manning was found guilty on 20 of the 22 charges for which he was prosecuted, specifically for “espionage” and for videos of war atrocities he released, but not for “aiding the enemy.”
  • Days after the verdict, with sentencing hearings in which Manning could receive 136 years of prison time ongoing, the pundits have had their say. The problem is that they missed the most chilling aspect of the Manning case: the way it ushered us, almost unnoticed, into post-Constitutional America.
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  • As at Guantanamo, rules of evidence reaching back to early
  • During the months of the trial, the U.S. military refused to release official transcripts of the proceedings. Even a private courtroom sketch artist was barred from the room. Independent journalist and activist Alexa O’Brien then took it upon herself to attend the trial daily, defy the Army, and make an unofficial record of the proceedings by hand. Later in the trial, armed military police were stationed behind reporters listening to testimony. Above all, the feeling that Manning’s fate was predetermined could hardly be avoided. After all, President Obama, the former Constitutional law professor, essentially proclaimed him guilty back in 2011 and the Department of Defense didn’t hesitate to state more generally that “leaking is tantamount to aiding the enemies of the United States.”
  • And so to Bradley Manning. As the weaponry and technology of war came home, so did a new, increasingly Guantanamo-ized definition of justice. This is one thing the Manning case has made clear. As a start, Manning was treated no differently than America’s war-on-terror prisoners at Guantanamo and the black sites that the Bush administration set up around the world. Picked up on the “battlefield,” Manning was first kept incommunicado in a cage in Kuwait for two months with no access to a lawyer. Then, despite being an active duty member of the Army, he was handed over to the Marines, who also guard Guantanamo, to be held in a military prison in Quantico, Virginia. What followed were three years of cruel detainment, where, as might well have happened at Gitmo, Manning, kept in isolation, was deprived of clothing, communications, legal advice, and sleep. The sleep deprivation regime imposed on him certainly met any standard, other than Washington’s and possibly Pyongyang’s, for torture. In return for such abuse, even after a judge had formally ruled that he was subjected to excessively harsh treatment, Manning will only get a 112-day reduction in his eventual sentence. Eventually the Obama administration decided Manning was to be tried as a soldier before a military court. In the courtroom, itself inside a military facility that also houses NSA headquarters, there was a strikingly gulag-like atmosphere.  His trial was built around secret witnesses and secret evidence; severe restrictions were put on the press -- the Army denied press passes to 270 of the 350 media organizations that applied; and there was a clear appearance of injustice. Among other things, the judge ruled against nearly every defense motion.
  • “What constitutes due process in this case is a due process in war.”
  • Given all this, it is small comfort to know that Manning, nailed on the Espionage Act after multiple failures in other cases by the Obama administration, was not convicted of the extreme charge of “aiding the enemy.”
  • Obama administration lawyers went on to claim the legal right to execute U.S. citizens without trial or due process and have admitted to killing four Americans. Attorney General Eric Holder declared that “United States citizenship alone does not make such individuals immune from being targeted.”
  • As if competing for an Orwellian prize, an unnamed Obama administration official told the Washington Post,
  • English common law were turned upside down. In Manning’s case, he was convicted of espionage, even though the prosecution did not have to prove either his intent to help another government or that harm was caused; a civilian court had already paved the way for such a ruling in another whistleblower case. In addition, the government was allowed to label Manning a “traitor” and an “anarchist” in open court, though he was on trial for neither treason nor anarchy.
  • Similarly, full-spectrum spying is not considered to violate the Fourth Amendment and does not even require probable cause.
  • Justice can be twisted and tangled into an almost unrecognizable form and then used to send a young man to prison for decades.
  • Government officials concerned over possible wrongdoing in their departments or agencies who “go through proper channels” are fired or prosecuted.
  • Government whistleblowers are commanded to return to face justice, while law-breakers in the service of the government are allowed to flee justice. CIA officers who destroy evidence of torture go free, while a CIA agent who blew the whistle on torture is locked up.
  • Thanks to the PATRIOT Act, citizens, even librarians, can be served by the FBI with a National Security Letter (not requiring a court order) demanding records and other information, and gagging them from revealing to anyone that such information has been demanded or such a letter delivered.
  • Citizens may be held without trial, and denied their Constitutional rights as soon as they are designated “terrorists.” Lawyers and habeas corpus are available only when the government allows.
  • The war on whistleblowers is metastasizing into a war on the First Amendment.
  • People may now be convicted based on secret testimony by unnamed persons.
  • Military courts and jails can replace civilian ones.
  • An Obama administration Insider Threat Program requires federal employees (including the Peace Corps) to report on the suspicious behavior of coworkers.
  • Claiming its actions lawful while shielding the “legal” opinions cited, often even from Congress, the government can send its drones to assassinate its own citizens.
  • One by one, the tools and attitudes of the war on terror, of a world in which the “gloves” are eternally off, have come home.
  • The comic strip character Pogo’s classic warning -- “We have met the enemy and he is us” -- seems ever less like a metaphor.
  • According to the government, increasingly we are now indeed their enemy.
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    Well written and researched article describing what it means to live in a post-Constitutional America.  Chilling facts with a cold but obvious conclusion.
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NSA Whistleblower: NSA Spying On - and Blackmailing - Top Government Officials and Mili... - 0 views

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    Whistleblower Says Spy Agency Targeting Top American Leaders NSA whistleblower Russel Tice - a key source in the 2005 New York Times report that blew the lid off the Bush administration's use of warrantless wiretapping - told Peter B. Collins on Boiling Frogs Post (the website of FBI whistleblower Sibel Edmonds): Tice: Okay. They went after-and I know this because I had my hands literally on the paperwork for these sort of things-they went after high-ranking military officers; they went after members of Congress, both Senate and the House, especially on the intelligence committees and on the armed services committees and some of the-and judicial. But they went after other ones, too. They went after lawyers and law firms. All kinds of-heaps of lawyers and law firms. They went after judges. One of the judges is now sitting on the Supreme Court that I had his wiretap information in my hand. Two are former FISA court judges. They went after State Department officials. They went after people in the executive service that were part of the White House-their own people. They went after antiwar groups. They went after U.S. international-U.S. companies that that do international business, you know, business around the world. They went after U.S. banking firms and financial firms that do international business. They went after NGOs that-like the Red Cross, people like that that go overseas and do humanitarian work. They went after a few antiwar civil rights groups. So, you know, don't tell me that there's no abuse, because I've had this stuff in my hand and looked at it. And in some cases, I literally was involved in the technology that was going after this stuff. And you know, when I said to [former MSNBC show host Keith] Olbermann, I said, my particular thing is high tech and you know, what's going on is the other thing, which is the dragnet. The dragnet is what Mark Klein is talking about, the terrestrial dragnet. Well my specialty is outer sp
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Glenn Greenwald  "The Goal Of The U.S. Government Is To Eliminate ALL Privacy... - 0 views

  • When Edward Snowden leaked American intelligence secrets the whole world became aware of the extent of US-UK surveillance of global phone and internet traffic. Have the revelations flagged up a corrosive infringement of individual liberty, or undermined efforts to protect the world from terrorism? Hardtalk speaks to journalist, Glenn Greenwald - the man who broke the Snowden story. His mission, he says, is to hold power to account. Is this a journalistic crusade that's gone too far?
  •  
    The latest hilarious chapter in the ongoing saga of BBC commentators trying to best Glenn Greenwald in an interview. This time with a stuffed-shirt, pompous type who does an exceedingly poor job of concealing that his is the voice of GCHQ. How many documents do you have? Who else has them? How are they protected? Don't you think that you should give them back to NSA? What makes you think you are qualified to make decisions about what to publish? Haven't you endangered the security of millions of people with your sensational, advocacy journalism. Don't you know that Bob Woodward has severely criticized the way you have handled this?   Greenwald, of course, makes mincemeat of the latest BBC talking head to tackle him without knowing the subject matter and always turns the questions back onto the real story: that government agencies have created an Orwellian surveillance state, that goverrnent can't be trusted to operate in secrecy. Greenwald so thoroughly danced on the fellow's brain that he probably missed that Greenwald had not only demonstrated that the guy was a government stooge but then told him flat out that he was.   When the guy tried the old shouting match trick, Greenwald calmly informed him that if he wanted to filibuster that Greenwald would hang up and let him filibuster to his heart's content but that if he wanted to conduct an interview he would darned well allow Greenwald to answer the questions before changing the subject. All in all, a masterful performance by a U.S. constitutional lawyer, uncowed by the interviewer's highbrow received pronunciation. See http://en.wikipedia.org/wiki/Received_Pronunciation This reminded me of federal District Court Judge Owen Panner's First Law of Trial Conduct: Never try to cross-examine an expert. In my time I've met a very few lawyers capable of doing so but it takes an incredible amount of research and consultation with another expert or five, and the setting of meticulous traps. Glenn Greenwald's latest B
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2014 Press Release - NSA Announces New Civil Liberties and Privacy Officer" - 0 views

  • GEN Keith Alexander - Commander, U.S. Cyber Command/Director, NSA/Chief, CSS - announced today that well-known privacy expert Rebecca Richards will serve as the National Security Agency's new Civil Liberties and Privacy Officer. She most recently worked as the Senior Director for Privacy Compliance at the Department of Homeland Security.
  • Selected to lead the new NSA Civil Liberties and Privacy Office at the agency's Fort Meade headquarters, Ms. Richards' primary job will be to provide expert advice to the Director and oversight of NSA's civil liberties and privacy related activities. She will also develop measures to further strengthen NSA's privacy protections.
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    Softball Interview here. . I wasn't really expecting Obama to reach out to the ACLU and EFF for a good civil liberties lawyer recommendation, but this appointment is lame, the former Director of Privacy for Dept. of Homeland Security, those wonderful folk who keep the homeland safe from terra-ists. The airport gropers, secret no-fly listers, and masters of border protection, where all Constitutional privacy rights do not apply, per the Supreme Court., the coordinators of our glorious "fusion centers," the provisioners of funding for armored cars and surveillance equipment for local police, etc. A sample from her interview linked above that I transcribed (omitting all the umhs and ahs): "When you think about NSA, privacy there for them was privacy of its employees, about contractors, about the average person walking down the street - it was not as concentrated on, this is the big collection that we're getting through these means, and so what this job does is that it brings it up under direct reports to the director of NSA and it is just as a focal point, to bring all of those and -- I walked in the building and people were already asking questions so ..." Heaven help us; has this lassie's brain yet matured to the point of completing her first sentence? This is the lady who is going to keep Admiral Rogers on the straight and narrow path of respecting our civil liberties? I suspect not.  I may return to this inarticulate and non-assertive young lady in later posts. Let it suffice for now to observe that the Dept. of Homeland Security, whose raison d'etre is a virtually non-existent terrorist threat manufactured by the politics of fear, has not exactly been a champion of the People's civil liberties. Moreover, I've had recent occasion to dig rather deeply into exactly what it is that Privacy Officers do and don't do. Telling heads of agencies that they cannot lawfully do what they want to do is no
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NSA Whistleblower: Snowden Never Had Access to the "Juiciest" Intelligence Documents | ... - 0 views

  • NSA whistleblower Russel Tice was a key source in the 2005 New York Times report that blew the lid off the Bush administration’s use of warrantless wiretapping. Tice told PBS and other media that the NSA is spying on – and blackmailing – top government officials and military officers, including Supreme Court Justices, highly-ranked generals, Colin Powell and other State Department personnel, and many other top officials:
  • He says the NSA started spying on President Obama when he was a candidate for Senate:
  • Many of Tice’s allegations have been confirmed by other government whistleblowers. And see this. Washington’s Blog called Tice to find out more about what he saw when he was at NSA.
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  • NSA Has Hidden Its Most Radical Surveillance Operations … Even from People Like Snowden Who Had General “Code Word” Clearance WASHINGTON’S BLOG: Glenn Greenwald – supposedly, in the next couple of days or weeks – is going to disclose, based on NSA documents leaked by Snowden, that the NSA is spying on all sorts of normal Americans … and that the spying is really to crush dissent.  [Background here, here and here.] Does Snowden even have documents which contain the information which you’ve seen? RUSSELL TICE:  The answer is no. WASHINGTON’S BLOG: So you saw handwritten notes. And what Snowden was seeing were electronic files …?
  • RUSSELL TICE: Think of it this way.  Remember I told you about the NSA doing everything they could to make sure that the information from 40 years ago – from spying on Frank Church and Lord knows how many other Congressman that they were spying on – was hidden? Now do you think they’re going to put that information into Powerpoint slides that are easy to explain to everybody what they’re doing? They would not even put their own NSA designators on the reports [so that no one would know that] it came from the NSA.  They made the reports look like they were Humint (human intelligence) reports.  They did it to hide the fact that they were NSA and they were doing the collection. That’s 40 years ago.  [The NSA and other agencies are still doing "parallel construction", "laundering" information to hide the fact that the information is actually from mass NSA surveillance.] Now, what NSA is doing right now is that they’re taking the information and they’re putting it in a much higher security level.  It’s called “ECI” - Exceptionally Controlled Information  – and it’s called the black program … which I was a specialist in, by the way. I specialized in black world – DOD and IC (Intelligence Community) – programs, operations and missions … in “VRKs”, “ECIs”, and “SAPs”, “STOs”. SAP equals Special Access Program. It’s highly unlikely Mr. Snowden had any access to these. STO equals Special Technical Operations  It’s highly unlikely Mr. Snowden had any access to these.
  • Now in that world – the ECI/VRK world – everything in that system is classified at a higher level and it has its own computer systems that house it.  It’s totally separate than the system which Mr. Snowden was privy to, which was called the “JWICS”: Joint Worldwide Intelligence Communications System.  The JWICS system is what everybody at NSA has access to.  Mr Snowden had Sys Admin [systems administrator] authority for the JWICS. And you still have to have TS/SCI clearance [i.e. Top Secret/ Sensitive Compartmented Information - also known as “code word” - clearance] to get on the JWICS. But the ECI/VRK systems are much higher [levels of special compartmentalized clearance] than the JWICS. And you have to be in the black world to get that [clearance]. ECI = Exceptionally Controlled Information. I do not believe Mr. Snowden had any access to these ECI controlled networks). VRK = Very Restricted Knowledge. I do not believe Mr. Snowden had any access to these VRK controlled networks. These programs typically have, at the least, a requirement of 100 year or until death, ’till the person first being “read in” [i.e. sworn to secrecy as part of access to the higher classification program] can talk about them.  [As an interesting sidenote, the Washington Times reported in 2006 that – when Tice offered to testify to Congress about this illegal spying – he was informed by the NSA that the Senate and House intelligence committees were not cleared to hear such information.]
  • It’s very compartmentalized and – even with stuff that they had – you might have something at NSA, that there’s literally 40 people at NSA that know that it’s going on in the entire agency. When the stuff came out in the New York Times [the first big spying story, which broke in 2005] – and I was a source of information for the New York Times –   that’s when President Bush made up that nonsense about the “terrorist surveillance program.” By the way, that never existed. That was made up. There was no such thing beforehand. It was made up … to try to placate the American people. The NSA IG (Inspector General) – who was not cleared for this – all of a sudden is told he has to do an investigation on this; something he has no information or knowledge of. So what they did, is they took a few documents and they downgraded [he classification level of the documents] – just a few – and gave them to them to placate this basic whitewash investigation.
  • Snowden’s Failure To Understand the Most Important Documents RUSSELL TICE: Now, if Mr. Snowden were to find the crossover, it would be those documents that were downgraded to the NSA’s IG. The stuff that I saw looked like a bunch of alphanumeric gobbledygook.  Unless you have an analyst to know what to look for – and believe me, I think that what Snowden’s done is great – he’s not an intelligence analyst.  So he would see something like that, and he wouldn’t know what he’s looking at. But that would be “the jewels”. And the key is, you wouldn’t know it’s the jewels unless you were a diamond miner and you knew what to look for. Because otherwise, there’s a big lump of rock and you don’t know there’s a diamond in there. I worked special programs. And the way I found out is that I was working on a special operation, and I needed information from NSA … from another unit. And when I went to that unit and I said “I need this information”, and I dealt with [satellite spy operations], and I did that in the black world. I was a special operations officer. I would literally go do special missions that were in the black world where I would travel overseas and do spooky stuff.
  • Cheney Was Running the Show WASHINGTON’S BLOG: You said in one of your interviews that Dick Cheney ordered the intercepts that you found in the burn bags [the bags of documents which were slated to be destroyed because they were so sensitive]. Is that right … and if so, how do you know that? RUSSELL TICE: I did not know one way or the other until I talked to a very senior person at NSA who – much later – wanted to have a meeting with me. And we had a covert, clandestine style meeting. And that’s when this individual told me that the whole thing was being directed and was coming from the vice president’s office … Cheney, through his lawyer David Addington. WASHINGTON’S BLOG:  It sounds like it wasn’t going through normal routes?  It’s not like Cheney or Addington made formal requests to the NSA … through normal means? RUSSELL TICE: No, not normal at all. All on the sly … all “sneaky pete” under the table, in the evening when most NSA employees are gone for the day. This is all being done in the evenings … between like 7 [at night] and midnight.
  • NSA Is Spying On CONTENT as Well as Metadata WASHINGTON’S BLOG: And from what you and others have said, it’s content as well as metadata? RUSSELL TICE: Of course it is. Of course. [Background. But see this.] NSA Spying On Journalists, Congress, Admirals, Lawyers … RUSSELL TICE: In 2009, I told [reporters] that they were going after journalists and news organizations and reporters and such. I never read text of Congressman’s conversations. What I had was information – sometimes hand-written – of phone numbers of Congressmen, their wives, their children, their staffers, their home numbers, their cellphone numbers, their phone numbers of their residence back in Oregon or whatever state they’re from, and their little offices back in their state. Or an Admiral and his wife, and his kids and his staffers …
  • The main thing I saw more than anything else were lawyers and law firms. I saw more lawyers or law firms being wiretapped than anything else. These are the phone numbers I saw written. And then I would see those numbers incorporated into those lists with the columns of information about the phone number, and the serial number and the banks of recorders and digital converters and the data storage devices. I could see handwritten phone numbers and notes, sometimes with names, sometimes not.
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    Whistleblower Russell Tice says that there are super-classified domestic surveillance records that Edward Snowden, Congressional oversight committees, and the NSA Inspector-General did not have access to. Must-read.
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The obscure legal system that lets corporations sue countries | Claire Provost and Matt... - 0 views

  • Every year on 15 September, thousands of Salvadorans celebrate the date when much of Central America gained independence from Spain. Fireworks are set off and marching bands parade through villages across the country. But, last year, in the town of San Isidro, in Cabañas, the festivities had a markedly different tone. Hundreds had gathered to protest against the mine. Gold mines often use cyanide to separate gold from ore, and widespread concern over already severe water contamination in El Salvador has helped fuel a powerful movement determined to keep the country’s minerals in the ground. In the central square, colourful banners were strung up, calling on OceanaGold to drop its case against the country and leave the area. Many were adorned with the slogan, “No a la mineria, Si a la vida” (No to mining, Yes to life). On the same day, in Washington DC, Parada gathered his notes and shuffled into a suite of nondescript meeting rooms in the World Bank’s J building, across the street from its main headquarters on Pennsylvania Avenue. This is the International Centre for the Settlement of Investment Disputes (ICSID): the primary institution for handling the cases that companies file against sovereign states. (The ICSID is not the sole venue for such cases; there are similar forums in London, Paris, Hong Kong and the Hague, among others.) The date of the hearing was not a coincidence, Parada said. The case has been framed in El Salvador as a test of the country’s sovereignty in the 21st century, and he suggested that it should be heard on Independence Day. “The ultimate question in this case,” he said, “is whether a foreign investor can force a government to change its laws to please the investor as opposed to the investor complying with the laws they find in the country.”
  • Most international investment treaties and free-trade deals grant foreign investors the right to activate this system, known as investor-state dispute settlement (ISDS), if they want to challenge government decisions affecting their investments. In Europe, this system has become a sticking point in negotiations over the controversial Transatlantic Trade and Investment Partnership (TTIP) deal proposed between the European Union and the US, which would massively extend its scope and power and make it harder to challenge in the future. Both France and Germany have said that they want access to investor-state dispute settlement removed from the TTIP treaty currently under discussion. Investors have used this system not only to sue for compensation for alleged expropriation of land and factories, but also over a huge range of government measures, including environmental and social regulations, which they say infringe on their rights. Multinationals have sued to recover money they have already invested, but also for alleged lost profits and “expected future profits”. The number of suits filed against countries at the ICSID is now around 500 – and that figure is growing at an average rate of one case a week. The sums awarded in damages are so vast that investment funds have taken notice: corporations’ claims against states are now seen as assets that can be invested in or used as leverage to secure multimillion-dollar loans. Increasingly, companies are using the threat of a lawsuit at the ICSID to exert pressure on governments not to challenge investors’ actions.
  • “I had absolutely no idea this was coming,” Parada said. Sitting in a glass-walled meeting room in his offices, at the law firm Foley Hoag, he paused, searching for the right word to describe what has happened in his field. “Rogue,” he decided, finally. “I think the investor-state arbitration system was created with good intentions, but in practice it has gone completely rogue.”
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  • The quiet village of Moorburg in Germany lies just across the river from Hamburg. Past the 16th-century church and meadows rich with wildflowers, two huge chimneys spew a steady stream of thick, grey smoke into the sky. This is Kraftwerk Moorburg, a new coal-fired power plant – the village’s controversial next-door neighbour. In 2009, it was the subject of a €1.4bn investor-state case filed by Vattenfall, the Swedish energy giant, against the Federal Republic of Germany. It is a prime example of how this powerful international legal system, built to protect foreign investors in developing countries, is now being used to challenge the actions of European governments as well. Since the 1980s, German investors have sued dozens of countries, including Ghana, Ukraine and the Philippines, at the World Bank’s Centre in Washington DC. But with the Vattenfall case, Germany found itself in the dock for the first time. The irony was not lost on those who considered Germany to be the grandfather of investor-state arbitration: it was a group of German businessmen, in the late 1950s, who first conceived of a way to protect their overseas investments as a wave of developing countries gained independence from European colonial powers. Led by Deutsche Bank chairman Hermann Abs, they called their proposal an “international magna carta” for private investors.
  • In the 1960s, the idea was taken up by the World Bank, which said that such a system could help the world’s poorer countries attract foreign capital. “I am convinced,” the World Bank president George Woods said at the time, “that those … who adopt as their national policy a welcome [environment] for international investment – and that means, to mince no words about it, giving foreign investors a fair opportunity to make attractive profits – will achieve their development objectives more rapidly than those who do not.” At the World Bank’s 1964 annual meeting in Tokyo, it approved a resolution to set up a mechanism for handling investor-state cases. The first line of the ICSID Convention’s preamble sets out its goal as “international cooperation for economic development”. There was sharp opposition to this system from its inception, with a bloc of developing countries warning that it would undermine their sovereignty. A group of 21 countries – almost every Latin American country, plus Iraq and the Philippines – voted against the proposal in Tokyo. But the World Bank moved ahead regardless. Andreas Lowenfeld, an American legal academic who was involved in some of these early discussions, later remarked: “I believe this was the first time that a major resolution of the World Bank had been pressed forward with so much opposition.”
  • now governments are discovering, too late, the true price of that confidence. The Kraftwerk Moorburg plant was controversial long before the case was filed. For years, local residents and environmental groups objected to its construction, amid growing concern over climate change and the impact the project would have on the Elbe river. In 2008, Vattenfall was granted a water permit for its Moorburg project, but, in response to local pressure, local authorities imposed strict environmental conditions to limit the utility’s water usage and its impact on fish. Vattenfall sued Hamburg in the local courts. But, as a foreign investor, it was also able to file a case at the ICSID. These environmental measures, it said, were so strict that they constituted a violation of its rights as guaranteed by the Energy Charter Treaty, a multilateral investment agreement signed by more than 50 countries, including Sweden and Germany. It claimed that the environmental conditions placed on its permit were so severe that they made the plant uneconomical and constituted acts of indirect expropriation.
  • With the rapid growth in these treaties – today there are more than 3,000 in force – a specialist industry has developed in advising companies how best to exploit treaties that give investors access to the dispute resolution system, and how to structure their businesses to benefit from the different protections on offer. It is a lucrative sector: legal fees alone average $8m per case, but they have exceeded $30m in some disputes; arbitrators’ fees at start at $3,000 per day, plus expenses.
  • Vattenfall v Germany ended in a settlement in 2011, after the company won its case in the local court and received a new water permit for its Moorburg plant – which significantly lowered the environmental standards that had originally been imposed, according to legal experts, allowing the plant to use more water from the river and weakening measures to protect fish. The European Commission has now stepped in, taking Germany to the EU Court of Justice, saying its authorisation of the Moorburg coal plant violated EU environmental law by not doing more to reduce the risk to protected fish species, including salmon, which pass near the plant while migrating from the North Sea. A year after the Moorburg case closed, Vattenfall filed another claim against Germany, this time over the federal government’s decision to phase out nuclear power. This second suit – for which very little information is available in the public domain, despite reports that the company is seeking €4.7bn from German taxpayers – is still ongoing. Roughly one third of all concluded cases filed at the ICSID are recorded as ending in “settlements”, which – as the Moorburg dispute shows – can be very profitable for investors, though their terms are rarely fully disclosed.
  • “It was a total surprise for us,” the local Green party leader Jens Kerstan laughed, in a meeting at his sunny office in Hamburg last year. “As far as I knew, there were some [treaties] to protect German companies in the [developing] world or in dictatorships, but that a European company can sue Germany, that was totally a surprise to me.”
  • While a tribunal cannot force a country to change its laws, or give a company a permit, the risk of massive damages may in some cases be enough to persuade a government to reconsider its actions. The possibility of arbitration proceedings can be used to encourage states to enter into meaningful settlement negotiations.
  • A small number of countries are now attempting to extricate themselves from the bonds of the investor-state dispute system. One of these is Bolivia, where thousands of people took to the streets of the country’s third-largest city, Cochabamba, in 2000, to protest against a dramatic hike in water rates by a private company owned by Bechtel, the US civil engineering firm. During the demonstrations, the Bolivian government stepped in and terminated the company’s concession. The company then filed a $50m suit against Bolivia at the ICSID. In 2006, following a campaign calling for the case to be thrown out, the company agreed to accept a token payment of less than $1. After this expensive case, Bolivia cancelled the international agreements it had signed with other states giving their investors access to these tribunals. But getting out of this system is not easily done. Most of these international agreements have sunset clauses, under which their provisions remain in force for a further 10 or even 20 years, even if the treaties themselves are cancelled.
  • There are now thousands of international investment agreements and free-trade acts, signed by states, which give foreign companies access to the investor-state dispute system, if they decide to challenge government decisions. Disputes are typically heard by panels of three arbitrators; one selected by each side, and the third agreed upon by both parties. Rulings are made by majority vote, and decisions are final and binding. There is no appeals process – only an annulment option that can be used on very limited grounds. If states do not pay up after the decision, their assets are subject to seizure in almost every country in the world (the company can apply to local courts for an enforcement order).
  • While there is no equivalent of legal aid for states trying to defend themselves against these suits, corporations have access to a growing group of third-party financiers who are willing to fund their cases against states, usually in exchange for a cut of any eventual award.
  • Increasingly, these suits are becoming valuable even before claims are settled. After Rurelec filed suit against Bolivia, it took its case to the market and secured a multimillion-dollar corporate loan, using its dispute with Bolivia as collateral, so that it could expand its business. Over the last 10 years, and particularly since the global financial crisis, a growing number of specialised investment funds have moved to raise money through these cases, treating companies’ multimillion-dollar claims against states as a new “asset class”.
  • El Salvador has already spent more than $12m defending itself against Pacific Rim, but even if it succeeds in beating the company’s $284m claim, it may never recover these costs. For years Salvadoran protest groups have been calling on the World Bank to initiate an open and public review of ICSID. To date, no such study has been carried out. In recent years, a number of ideas have been mooted to reform the international investor-state dispute system – to adopt a “loser pays” approach to costs, for example, or to increase transparency. The solution may lie in creating an appeals system, so that controversial judgments can be revisited.
  • Brazil has never signed up to this system – it has not entered into a single treaty with these investor-state dispute provisions – and yet it has had no trouble attracting foreign investment.
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    "Luis Parada's office is just four blocks from the White House, in the heart of K Street, Washington's lobbying row - a stretch of steel and glass buildings once dubbed the "road to riches", when influence-peddling became an American growth industry. Parada, a soft-spoken 55-year-old from El Salvador, is one of a handful of lawyers in the world who specialise in defending sovereign states against lawsuits lodged by multinational corporations. He is the lawyer for the defence in an obscure but increasingly powerful field of international law - where foreign investors can sue governments in a network of tribunals for billions of dollars. Fifteen years ago, Parada's work was a minor niche even within the legal business. But since 2000, hundreds of foreign investors have sued more than half of the world's countries, claiming damages for a wide range of government actions that they say have threatened their profits. In 2006, Ecuador cancelled an oil-exploration contract with Houston-based Occidental Petroleum; in 2012, after Occidental filed a suit before an international investment tribunal, Ecuador was ordered to pay a record $1.8bn - roughly equal to the country's health budget for a year. (Ecuador has logged a request for the decision to be annulled.) Parada's first case was defending Argentina in the late 1990s against the French conglomerate Vivendi, which sued after the Argentine province of Tucuman stepped in to limit the price it charged people for water and wastewater services. Argentina eventually lost, and was ordered to pay the company more than $100m. Now, in his most high-profile case yet, Parada is part of the team defending El Salvador as it tries to fend off a multimillion-dollar suit lodged by a multinational mining company after the tiny Central American country refused to allow it to dig for gold."
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