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Duterte's Departure from Philippines' US-Compliance Opens Pandora's Box - nsnbc interna... - 0 views

  • During his visit to China the Philippines’ President Rodrigo Duterte calmly announced that his administration would say good-bye to American military and economic and social hegemony. The statement opened a Pandora’s box filled with surprises and at times wild speculations, allegations, denunciations, misrepresentations.
  • Speaking at an investment conference in the Great Hall of the People in the Chinese capital Beijing, China on Thursday, the Philippines’ President Rodrigo Duterte – no stranger to controversy – suggested that the Philippines were to leave the United States “sphere of influence” which the country became a part of since its independence in 1946. The country was drawn into this sphere within the context of the emerging global cold war headed by the Permanent UN Security Council (UNSC) members who more often than not used their UNSC mandate and veto right to carve the world’s smaller or less powerful nations up into hegemonic zones. Duterte didn’t mince words when he affirmed his and his administration’s separation from the United States military, social and economic hegemony. Duterte pointed out that there was no need for US troops in the Philippines and that there was no need for joint Philippine – US military exercises either. Defense Secretary Delfin Lorenzana declined to comment. However, National Security Adviser Hermogenes Esperon Jr. told the press that President Rodrigo (Rody) Duterte meant what he said.
  • The Philippines has a mutual defense treaty with the US which has been in force since 1951 where both countries pledge to come to each other’s defense in the event of an armed attack. The abrogation of this military treaty requires the action of the Philippine Senate. Duterte implied that this treaty also ties that the Philippines to the US as a NATO appendage. He suggested that the Philippines have no need for being in that position and that his goodbye to the US’s military hegemony also means a departure from this indirect NATO membership and the associated obligations and risks; Including the risk that the country will again be drawn into a war that turns it into the battlefield of powers and alliances of global reach. Duterte’s departure from US-hegemony has widely been interpreted as the basis for an alliance with China. However, an objective analysis of the Duterte administration’s policy doesn’t indicate that the goal is to exchange one hegemon with another one. It does, however, suggest a non-aligned policy based on good neighborly relations with those who respect the Philippines sovereignty and independence.
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NAFTA on Steroids | The Nation - 0 views

  • Since then, US negotiators have proposed new rights for Big Pharma and pushed into the text aspects of the Stop Online Piracy Act, which would limit Internet freedom, despite the derailing of SOPA in Congress earlier this year thanks to public activism. In June a text of the TPP investment chapter was leaked, revealing that US negotiators are even pushing to expand NAFTA’s notorious corporate tribunals, which have been used to attack domestic public interest laws.
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    The complete article is well worth the read. I've personally read the two leaked draft U.S. chapters and this article presents a fair summary of them. They are a corporatist/globalist wet dream, so far. And yes, our stalwart "pro-jobs" Barack Obama is pushing hard to make it even easier to offshore American jobs.  Remember, only the Senate gets to vote on treaties. The House is dealt out of the process by the Constitution.
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Transnationalism vs. American Sovereignty « Tammy Bruce - 0 views

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    excerpt: "….Transnationalists want to rewrite the laws of war, do away with the death penalty, restrict gun rights and much more-all without having to win popular majorities or heed American constitutional limits. And these advocates are making major strides under an Obama administration that is itself a hotbed of transnational legal thinking…. To be clear, transnationalism isn't a conspiratorial enterprise. In the legal academy, its advocates have openly stated their aims and means. "International law now seeks to influence political outcomes within sovereign States," Anne-Marie Slaughter, then dean of Princeton's public-affairs school, wrote in an influential 2007 essay. International law, she went on, must expand to include "domestic choices previously left to the determination of national political processes" and be able to "alter domestic politics." The preferred entry point for importing foreign norms into American law is the U.S. court system. The Yale Law School scholar Howard Koh, a transnationalist advocate, has written that "domestic courts must play a key role in coordinating U.S. domestic constitutional rules with rules of foreign and international law." Over the past two decades, activist judges have increasingly cited "evolving" international standards to overturn state laws, and Mr. Koh has suggested that foreign norms can be "downloaded" into American law in this manner…. Ms. Slaughter and Mr. Koh held top posts at the State Department during Mr. Obama's first term, and their tenures coincided with an aggressive push to ratify or recognize as customary law… a host of … progressive causes. For proof that the transnationalist threat isn't merely theoretical, look no further than the European Union…. Today over half of the regulations that affect Europeans' lives are made by administrators in Brussels, not by national legislatures. These regulations include the EU's ban, announced in May, on restau
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Review & Outlook: Loose Lips on Syria - WSJ.com - 0 views

  • An American military attack on Syria could begin as early as Thursday and will involve three days of missile strikes, according to "senior U.S. officials" talking to NBC News. The Washington Post has the bombing at "no more than two days," though long-range bombers could "possibly" join the missiles. "Factors weighing into the timing of any action include a desire to get it done before the president leaves for Russia next week," reports CNN, citing a "senior administration official." The New York Times, quoting a Pentagon official, adds that "the initial target list has fewer than 50 sites, including air bases where Syria's Russian-made attack helicopters are deployed." The Times adds that "like several other military officials contacted for this report, the official agreed to discuss planning options only on condition of anonymity." Thus do the legal and moral requirements of secret military operations lose out in this Administration to the imperatives of in-the-know spin and political gestures.
  • It's always possible that all of this leaking about when, how and for how long the U.S. will attack Syria is an elaborate head-fake, like Patton's ghost army on the eve of D-Day, poised for the assault on Calais. But based on this Administration's past behavior, such as the leaked bin Laden raid details, chances are most of this really is the war plan. Which makes us wonder why the Administration even bothers to pursue the likes of Edward Snowden when it is giving away its plan of attack to anyone in Damascus with an Internet connection. The answer, it seems, is that the attack in Syria isn't really about damaging the Bashar Assad regime's capacity to murder its own people, much less about ending the Assad regime for good. "I want to make clear that the options that we are considering are not about regime change," White House spokesman Jay Carney said Tuesday. Translation: We're not coming for you, Bashar, so don't worry. And by the way, you might want to fly those attack choppers off base, at least until next week.
  • So what is the purpose of a U.S. attack? Mr. Carney elaborated that it's "about responding to [a] clear violation of an international standard that prohibits the use of chemical weapons." He added that the U.S. had a national security interest that Assad's use of chemical weapons "not go unanswered." This is another way of saying that the attacks are primarily about making a political statement, and vindicating President Obama's ill-considered promise of "consequences," rather than materially degrading Assad's ability to continue to wage war against his own people. It should go without saying that the principal purpose of a military strike is to have a military effect. Political statements can always be delivered politically, and U.S. airmen should not be put in harm's way to deliver what amounts to an extremely loud diplomatic demarche. That's especially so with a "do something" strike that is, in fact, deliberately calibrated to do very little. We wrote Tuesday that there is likely to be no good outcome in Syria until Assad and his regime are gone. Military strikes that advance that goal—either by targeting Assad directly or crippling his army's ability to fight—deserve the support of the American people and our international partners. That's not what this Administration seems to have in mind.
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    This typically pompous Wall Street Journal editorial gets part of it right but ignores several elephants in the room. -- No way this goes down without Russia having agreed to it. Russia's only foreign military base is a naval port in Syria. Russia has deployed anti-aircraft missile batteries in Syria. Russia has supplied the Syrian government with state-of-the-art antiaircraft shoulder-held missiles. Several months ago, the Russians moved a fleet of warships into the Mediterranean for the first time, to protect Syria from foreign attack, including at least one submarine equipped with anti-ship missiles.  The U.S. and Russia have been engaged in building up their forces positioned around for over a year, in an escalating fashion. Russia has a huge economic incentive to keep Assad in power because he is blocking the natural gas pipeline that western interests want to run through Syria Russia has also built up its forces within Syria, a pipeline that would break Russia's near-monopoly on supplying natural gas to the European Union. A direct military intervention in Syria doesn't go down without Russia's approval, notwithstanding what their later statements might be. Obama is an accomplished liar but he's politically timid. Touching off World War III is not on his agenda. 2. Iran also has to acquiesce in advance. Syria and Iran have a mutual defense treaty, the first announced in 2005, a later treaty announced in 2008. http://tinyurl.com/oez2dq7 (.) Thousands of crack Iranian Revolutionary Guards troops are already stationed in Syria. As the only other Shia-majority state in the region, Syria is critical to Iran's own defense. Iran has the ability to close the Straits of Hormuz, thereby toppling the western world economy as petroleum supplies suddenly dry up. The U.S. Navy lacks the ability to quickly clear the Straits of mines, as was proved in embarrassingly bad tests the U.S. Navy did last year. Iran is not a world power but its military might is nothing to sneez
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OAS Declaration of the Rights and Duties of Man - 0 views

  • Right to the inviolability and transmission of correspondence Article X. Every person has the right to the inviolability and transmission of his correspondence.
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    Article X of the Organization of American States Declaration of the Rights and Duties of Man would seem to prohibit NSA interception and review of email content. That treaty is binding on the U.S. via the Constitution's Treaty Clause. However, the OAS procedural provisions require exhaustion of national remedies before petitioning the Commission for review.
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John Kerry: Obama prepared to use force in Iran - Washington Times - 0 views

  • Secretary of State John F. Kerry defended the Obama administration’s carrot-and-stick approach to nuclear negotiations with Iran, saying Sunday that the conciliatory strategy needs to be given a chance to work — while vowing that the U.S. is prepared to use force if necessary to keep the Islamic republic from developing a nuclear bomb.“We can’t let mythology and politics start to cloud reality,” said Mr. Kerry, who dismissed criticism that the administration has done a poor job leveraging American power in international talks — the latest round of which closed over the weekend without a breakthrough — over Iran’s disputed nuclear program.
  • “The president has been willing and made it clear that he is prepared to use force with respect to Iran’s weapon, and he has deployed the forces and the weapons necessary to achieve that goal if it has to be achieved,” Mr. Kerry said during an interview with NBC.Congressional lawmakers, as well as U.S. allies including France and Israel, have expressed concerns that the Obama administration has veered dangerously close to making too many concessions in its pursuit of a deal for Iran to reconfigure its nuclear program and open it to close international scrutiny in exchange for lifting U.S.-led sanctions.
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     By our Constitution's Treaty Clause, the Charter of the United Nations is binding law in the U.S. In Article 2 cl. 4, it provides: "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state[.]" http://www.un.org/en/documents/charter/ Mr. Obama cares nothing about the Rule of Law. He is threatening war against Iran and launching drone strikes into the territory of at least three other nations, all in violation of the U.N. Charter and the Constitution's Treaty Clause. These are impeachable offenses against the People and the Constitution Obama has sworn to defend.  If the President of the United States ignores the law, threatens war, and actually violates the territory of other nations, 
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Remarks by President Obama in Address to the United Nations General Assembly | The Whit... - 0 views

  • Remarks by President Obama in Address to the United Nations General Assembly United Nations New York, New York
  • To summarize, the United States has a hard-earned humility when it comes to our ability to determine events inside other countries.  The notion of American empire may be useful propaganda, but it isn’t borne out by America’s current policy or by public opinion.  Indeed, as recent debates within the United States over Syria clearly show, the danger for the world is not an America that is too eager to immerse itself in the affairs of other countries or to take on every problem in the region as its own.  The danger for the world is that the United States, after a decade of war -- rightly concerned about issues back home, aware of the hostility that our engagement in the region has engendered throughout the Muslim world -- may disengage, creating a vacuum of leadership that no other nation is ready to fill. I believe such disengagement would be a mistake.  I believe America must remain engaged for our own security.  But I also believe the world is better for it.  Some may disagree, but I believe America is exceptional -- in part because we have shown a willingness through the sacrifice of blood and treasure to stand up not only for our own narrow self-interests, but for the interests of all. 
  • We live in a world of imperfect choices.  Different nations will not agree on the need for action in every instance, and the principle of sovereignty is at the center of our international order.  But sovereignty cannot be a shield for tyrants to commit wanton murder, or an excuse for the international community to turn a blind eye.  While we need to be modest in our belief that we can remedy every evil, while we need to be mindful that the world is full of unintended consequences, should we really accept the notion that the world is powerless in the face of a Rwanda or Srebrenica?  If that’s the world that people want to live in, they should say so and reckon with the cold logic of mass graves. But I believe we can embrace a different future.  And if we don’t want to choose between inaction and war, we must get better -- all of us -- at the policies that prevent the breakdown of basic order.  Through respect for the responsibilities of nations and the rights of individuals.  Through meaningful sanctions for those who break the rules.  Through dogged diplomacy that resolves the root causes of conflict, not merely its aftermath.  Through development assistance that brings hope to the marginalized.  And yes, sometimes -- although this will not be enough -- there are going to be moments where the international community will need to acknowledge that the multilateral use of military force may be required to prevent the very worst from occurring.
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    This just may be the speech in which Barack Obama's speechwriters managed to set a new record in presidential hypocrisy. It's long and a very depressing read for someone who is intimately familiar with the issues he discusses. I've tried to highlight only the tastiest meat of the beast. But it's worth reading the whole thing, from the traitor's pledge of undying allegiance to Israel through the announcement that nothing has changed in America other than a public that is demanding peace but won't get it from Mr. Obama. Mr. Obama's contempt for the U.N. Charter riddles his speech, a treaty that is enshrined in our own law through the Constitution's Treaty Clause, is remarkable. That charter of course forbids wars of aggression (and threats thereof) absent the authorization of all permanent members of the U.N. Security Council.  
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    Related: the top 45 lies in Obama's U.N. speech: http://warisacrime.org/content/top-45-lies-obamas-speech-un
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Iran Deal in Geneva: Hold the Cheers | Global Research - 0 views

  • Fars News published the full text of the deal. It’s provisions are as follows:
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    Stephen Lindman unwinds the mainstream media/U.S. political spin on the Iran/P5+1 interim agreement, summarizing and linking the actual text. As suspected, Iran got way more from the deal and gave up less than reported by mainstream media. My analysis: The spin is mainly based on provisions that are largely meaningless to Iran because it had and has no nuclear weapon ambitions. I now have a strong sniff that the P5+1 negotiation is aimed at removing Israel's excuse (Iranian nuclear weapon threat) for pushing the U.S. and NATO to commence war against Iran and that is the real reason for the War Party's rage against the interim deal. Obama is trying to do this as an executive agreement among the negotiation parties, rather than as a treaty that would require Senate super-majority approval.  But he may face a problem in that regard because of a single agreement provision: "The U.S. Administration, acting consistent with the respective roles of the President and the Congress, will refrain from imposing new nuclear-related sanctions." That carefully crafted sentence would seem to leave Congress free to enact further sanctions if it can overcome an Obama veto, which requires a supermajority in both houses of Congress. The sentence is, however, susceptible to deliberate misportrayal as a provision tying the hands of Congress too in order to attack the agreement as requiring approval by the Senate, cries of outrage about Obama usurping the Congressional role, etc. But there is a body of case law holding that some classes of "executive agreements" do not rise to the level needed to invoke the Constitution's Treaty Clause. Personally, I think that body of case law constitutes unlawful judicial amendment of the Constitution, but it exists. So litigation over the issue in regard to this agreement is unlikely to get any traction.  
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IPS - U.N. Will Censure Illegal Spying, But Not U.S. | Inter Press Service - 0 views

  • When the 193-member General Assembly adopts a resolution next month censuring the illegal electronic surveillance of governments and world leaders by the U.S. National Security Agency (NSA), the U.N.’s highest policy-making body will spare the United States from public condemnation despite its culpability in widespread wiretapping. A draft resolution currently in limited circulation – a copy of which was obtained by IPS – criticises “the conduct of extra-territorial surveillance” and the “interception of communications in foreign jurisdictions”. But it refuses to single out the NSA or the United States, which stands accused of spying on foreign governments, including political leaders in Germany, France, Brazil, Spain and Mexico, among some 30 others.
  • The draft says that while the gathering and protection of certain sensitive information may be justified on grounds of national security and criminal activity, member states must still ensure full compliance with international human rights. The resolution will also emphasise “that illegal surveillance of private communications and the indiscriminate interception of personal data of citizens constitutes a highly intrusive act that violates the rights to freedom of expression and privacy, and threatens the foundations of a democratic society.” Additionally, it will call for the establishment of independent oversight mechanisms capable of ensuring transparency and accountability of state surveillance of communications. And the resolution will request the U.N. High Commissioner for Human Rights, Navi PIllay, to present an interim report on the issue of human rights and “indiscriminate surveillance, including on extra-territorial surveillance.” This report is to be presented to the 69th session of the General Assembly next September, and a final report to its 70th session in 2015.
  • Chakravarthi Raghavan, a veteran Indian journalist who has been reporting on the U.N. and its activities since the 1960s, both in New York and later in Geneva, told IPS the resolution may help start a process under which the national security interests of every state, international security and right to privacy and human rights of people can be discussed and a balance found in some universal forum. “Otherwise, the U.N. world order will break down, and no one will benefit or emerge unscathed,” he said. Much will depend on the follow-up action that the General Assembly resolution calls for, and with what tenacity members pursue it. “Frankly, I am not at all clear that some of the nations raising the issue now are really serious,” said Raghavan, editor-emeritus of the Geneva-based South-North Development Monitor SUNS. “If they were, any one of them in Europe would have granted asylum to Edward Snowden, and not play footsie with U.S. in its attempts to have him jailed in the U.S. on espionage charges.” The revelations of U.S. spying have come mostly from documents released by Snowden, a former NSA contractor, who sought political asylum in Russia after he was accused of espionage by the United States.
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  • One Third World diplomat, speaking on condition of anonymity, told IPS the draft could undergo changes by the time it reaches the General Assembly mid-November. But he held out little hope the final resolution will specifically castigate the United States because of the political clout it wields at the United Nations, and Washington’s notoriety for exerting diplomatic pressure on its allies and aid recipients. Besides which, he said, everybody plays the spying game, including the French, the Germans, the Chinese and the Russians — and therefore none of them can afford to take a “holier than thou” attitude. Still, as the New York Times put it last week, “One thing is clear: the NSA’s Cold War-era argument, that everyone does it, seems unlikely to win the day.”
  • There has been a longstanding tradition that the “Five Eyes” do not spy on each other, the five being the United States, Britain, Canada, Australia and New Zealand. But the surveillance of European political leaders has triggered a strong rejoinder from the 28-member European Union (EU). Raghavan told IPS that even if other countries are not publicly feuding with the U.S. over this — and perhaps their own security apparatuses are secretly collaborating in this global “surveillance state” — the NSA activities at a minimum raise several systemic issues involving basic violations. These include violations of the U.N. Charter; “unauthorised” and blatantly illegal invasions and/or intrusions into national space; World Trade Organisation (WTO) agreements, in particular the Trade-Related Intellectual Property Rights (TRIPS) Agreement and the General Agreement on Trade in Services (GATS); the International Telecommunication Union Treaty and Conventions; treaties and protocols of the World Intellectual Property Organisation (WIPO); the Universal Human Rights Declaration and conventions; and the Vienna diplomatic conventions and codes of behaviour among civilised nations. “All these strike at the roots of the very basics of international law and international public law,” he said.
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    So if Raghavan is correct, a new treaty will emerge from the debacle that limits but does not end foreign surveillance. And if so, I predict that it will have no enforcement provisions and absolutely no citizen remedies for rights violated. The farther we go down the NSA rabbit hole, the more convinced I am that it is a stark choice between having spy agencies equipped for digital surveillance and Internet Freedom.  Internet Freedom seems far better equipped to produce world peace through understanding than spy agencies who deliver their "intelligence" to only the favored few. 
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U.S. knocks plans for European communication network | Reuters - 0 views

  • The United States on Friday criticized proposals to build a European communication network to avoid emails and other data passing through the United States, warning that such rules could breach international trade laws. In its annual review of telecommunications trade barriers, the office of the U.S. Trade Representative said impediments to cross-border data flows were a serious and growing concern.It was closely watching new laws in Turkey that led to the blocking of websites and restrictions on personal data, as well as calls in Europe for a local communications network following revelations last year about U.S. digital eavesdropping and surveillance."Recent proposals from countries within the European Union to create a Europe-only electronic network (dubbed a 'Schengen cloud' by advocates) or to create national-only electronic networks could potentially lead to effective exclusion or discrimination against foreign service suppliers that are directly offering network services, or dependent on them," the USTR said in the report.
  • Germany and France have been discussing ways to build a European network to keep data secure after the U.S. spying scandal. Even German Chancellor Angela Merkel's cell phone was reportedly monitored by American spies.The USTR said proposals by Germany's state-backed Deutsche Telekom to bypass the United States were "draconian" and likely aimed at giving European companies an advantage over their U.S. counterparts.Deutsche Telekom has suggested laws to stop data traveling within continental Europe being routed via Asia or the United States and scrapping the Safe Harbor agreement that allows U.S. companies with European-level privacy standards access to European data. (www.telekom.com/dataprotection)"Any mandatory intra-EU routing may raise questions with respect to compliance with the EU's trade obligations with respect to Internet-enabled services," the USTR said. "Accordingly, USTR will be carefully monitoring the development of any such proposals."
  • U.S. tech companies, the leaders in an e-commerce marketplace estimated to be worth up to $8 trillion a year, have urged the White House to undertake reforms to calm privacy concerns and fend off digital protectionism.
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    High comedy from the office of the U.S. Trade Representative. The USTR's press release is here along with a link to its report. http://www.ustr.gov/about-us/press-office/press-releases/2014/March/USTR-Targets-Telecommunications-Trade-Barriers The USTR is upset because the E.U. is aiming to build a digital communications network that does not route internal digital traffic outside the E.U., to limit the NSA's ability to surveil Europeans' communications. Part of the plan is to build an E.U.-centric cloud that is not susceptible to U.S. court orders. This plan does not, of course, sit well with U.S.-based cloud service providers.  Where the comedy comes in is that the USTR is making threats to go to the World Trade organization to block the E.U. move under the authority of the General Agreement on Trade in Services (GATS). But that treaty provides, in article XIV, that:  "Subject to the requirement that such measures are not applied in a manner which would constitute a means of arbitrary or unjustifiable discrimination between countries where like conditions prevail, or a disguised restriction on trade in services, nothing in this Agreement shall be construed to prevent the adoption or enforcement by any Member of measures: ... (c)      necessary to secure compliance with laws or regulations which are not inconsistent with the provisions of this Agreement including those relating to:   ... (ii)     the protection of the privacy of individuals in relation to the processing and dissemination of personal data and the protection of confidentiality of individual records and accounts[.]" http://www.wto.org/english/docs_e/legal_e/26-gats_01_e.htm#articleXIV   The E.U., in its Treaty on Human Rights, has very strong privacy protections for digital communications. The USTR undoubtedly knows all this, and that the WTO Appellate Panel's judges are of the European mold, sticklers for protection of human rights and most likely do not appreciate being subjects o
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Resurrecting the Dubious State Secrets Privilege | John Dean | Verdict | Legal Analysis... - 0 views

  • In an unusual move, the U.S. Department of Justice has filed a motion to make a private lawsuit simply disappear. While the U.S. Government is not a party to this defamation lawsuit—Victor Restis et al. v. American Coalition Against Nuclear Iran, Inc.—filed July 19, 2013, in the U.S. District Court for the Southern District of New York, Attorney General Eric Holder is concerned that the discovery being undertaken might jeopardize our national security.
  • The government’s argument for intervening in this lawsuit is technical and thin.
  • The strongest precedent in the government’s brief in the current case is the 1985 case of Fitzgerald v. Penthouse Intern., Ltd. Fitzgerald had sued Penthouse Magazine for an allegedly libelous article, but the U.S. Navy moved to intervene on the ground that the government had a national security interest which would not be adequately protected by the parties, so the government requested the action be dismissed, after invoking the state secrets privilege. The federal district court granted the motions and dismissed the case, which the U.S. Court of Appeals for Fourth Circuit affirmed. So there is precedent for this unusual action by the government in a private lawsuit, but the legitimacy of the state secrets privilege remains subject to question.
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  • In February 2000, Judith Loether, a daughter of one of the three civilians killed in the 1948 B-29 explosion, discovered the government’s once-secret accident report for the incident on the Internet. Loether had been seven weeks old when her father died but been told by her mother what was known of her father’s death and the unsuccessful efforts to find out what had truly happened. When Loether read the accident report she was stunned. There were no national security secrets whatsoever, rather there was glaringly clear evidence of the government’s negligence resulting in her father’s death. Loether shared this information with the families of the other civilian engineers who had been killed in the incident and they joined together in a legal action to overturn Reynolds, raising the fact that the executive branch of the government had misled the Supreme Court, not to mention the parties to the earlier lawsuit.
  • Lou Fisher looked closely at the state secrets privilege in his book In The Name of National Security, as well as in follow-up articles when the Reynolds case was litigated after it was discovered, decades after the fact, that the government had literally defrauded the Supreme Court in Reynolds, e.g., “The State Secrets Privilege: Relying on Reynolds.” The Reynolds ruling emerged from litigation initiated by the widows of three civilian engineers who died in a midair explosion of a B-29 bomber on October 6, 1948. The government refused to provide the widows with the government’s accident report. On March 9, 1953, the Supreme Court created the state secrets privilege when agreeing the accident report did not have to be produced since the government claimed it contained national security secrets. In fact, none of the federal judges in the lower courts, nor the justices on the Supreme Court, were allowed to read the report.
  • Lowell states in his letter: “By relying solely upon ex parte submissions to justify its invocation of the state secrets privilege, especially in the unprecedented circumstance of private party litigation without an obvious government interest, the Government has improperly invoked the state secrets privilege, deprived Plaintiffs of the opportunity to test the Government’s claims through the adversarial process, and limited the Court’s opportunity to make an informed judgment. “ Lowell further claims that in “the typical state secrets case, the Government will simultaneously file both a sealed declaration and a detailed public declaration.” (Emphasis in Lowell’s letter.) To bolster this contention, he provided the court with an example, and offered to provide additional examples if so requested.
  • The Justice Department’s memorandum of law accompanying its motion to intervene states that once the state secrets privilege has been asserted “by the head of the department with control over the matter in question . . . the scope of judicial review is quite narrow.” Quoting from the U.S. Supreme Court ruling establishing this privilege in 1953, U.S. v. Reynolds, the brief adds: “the sole determination for the court is whether, ‘from all the circumstances of the case . . . there is a reasonable danger that compulsion of the evidence will expose military [or other] matters which, in the interest of national security, should not be divulged.’”In short, all the Justice Department need claim is the magic phrase—”state secrets”—after assuring the court that the head of department or agency involved has personally decided it is information that cannot be released. That ends the matter. This is what has made this privilege so controversial, not to mention dubious. Indeed, invocation by the executive branch effectively removes the question from judicial determination, and the information underlying the decision is not even provided to the court.
  • As Fisher and other scholars note, there is much more room under the Reynolds ruling for the court to take a hard look at the evidence when the government claims state secrets than has been common practice. Fisher reminds: “The state secrets privilege is qualified, not absolute. Otherwise there is no adversary process in court, no exercise of judicial independence over what evidence is needed, and no fairness accorded to private litigants who challenge the government . . . . There is no justification in law or history for a court to acquiesce to the accuracy of affidavits, statements, and declarations submitted by the executive branch.” Indeed, he noted to do so is contrary to our constitutional system of checks and balances.
  • Time to Reexamine Blind Adherence to the State Secrets PrivilegeIn responding to the government’s move to intervene, invoke state secrets, and dismiss the Restis lawsuit, plaintiffs’ attorney Abbe Lowell sent a letter to Judge Edgardo Ramos, the presiding judge on the case on September 17, 2014, contesting the Department of Justice’s ex parte filings, and requesting that Judge Ramos “order the Government to file a public declaration in support of its filing that will enable Plaintiffs to meaningfully respond.” Lowell also suggested as an alternative that he “presently holds more than sufficient security clearances to be given access to the ex parte submission,” and the court could do here as in other national security cases, and issue a protective order that the information not be shared with anyone. While Lowell does not so state, he is in effect taking on the existing state secrets privilege procedure where only the government knows what is being withheld and why, and he is taking on Reynolds.
  • To make a long story short, the Supreme Court was more interested in the finality of their decisions than the fraud that had been perpetrated upon them. They rejected the direct appeal, and efforts to relegate the case through the lower courts failed. As Fisher notes, the Court ruled in Reynolds based on “vapors and allusions,” rather than facts and evidence, and today it is clear that when it uncritically accepted the government’s word, the Court abdicated its duty to protect the ability of each party to present its case fairly, not to mention it left the matter under the control of a “self-interested executive” branch.
  • Lowell explains it is not clear—and suggests the government is similarly unclear in having earlier suggested a “law enforcement privilege”—as to why the state secrets privilege is being invoked, and argues this case can be tried without exposing government secrets. Citing the Fitzgerald ruling, Lowell points out dismissal is appropriate “[o]nly when no amount of effort and care on the part of the court and the parties will safeguard privileged material is dismissal warranted.”
  • No telling how Judge Ramos will rule, and the government has a remarkable record of prevailing with the deeply flawed state secrets privilege. But Lowell’s letter appears to say, between the lines, that he has a client who is prepared to test this dubious privilege and the government’s use of it in this case if Judge Ramos dismisses this lawsuit. The U.S. Court of Appeals for the Second Circuit, where that ruling would be reviewed, sees itself every bit the intellectual equal of the U.S. Supreme Court and it is uniquely qualified to give this dubious privilege and the Reynolds holding a reexamination. It is long past time this be done.
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    Interesting take on the Restis case by former Nixon White House Counsel John Dean. Where the State Secrets Privilege is at its very nastiest, in my opinion, is in criminal prosecutions where the government withholds potentially exculpatory evidence on grounds of state secrecy. I think the courts have been far too lenient in allowing people to be tried without production of such evidence. The work-around in the Guantanamo Bay inmate cases has been to appoint counsel who have security clearances, but in those cases the lawyer is forbidden from discussing the classified information with the client, who could have valuable input if advised what the evidence is. It's also incredibly unfair in the extraordinary rendition cases, where the courts have let the government get away with having the cases dismissed on state secrecy grounds, even though the tortures have been the victim of criminal official misconduct.  It forces the victims to appeal clear to the Supreme Court before they can start over in an international court with jurisdiction over human rights violations, where the government loses because of its refusal to produce the evidence.  (Under the relevant treaties that the U.S. is a party to, the U.S. is required to provide a judicial remedy without resort to claims of national security secrecy.) Then the U.S. refuses to pay the judgments of the International courts, placing the U.S. in double breach of its treaty obligations. We see the same kinds of outrageous secrecy playing out in the Senate Intellience Committee's report on CIA torture, where the Obama Administration is using state secrecy claims to delay release of the report summary and minimize what is in it. It's highly unlikely that I will live long enough to read the full report. And that just is not democracy in action. Down with the Dark State!   
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Establish "No Spy Zones"? Current Law Could Make It Hard - Secrecy News - 0 views

  • Disclosure of U.S. intelligence surveillance activities in Germany and other allied countries has aroused angry public reaction in those countries, and has prompted discussion of the possibility of negotiating “no spy zones” abroad in which certain types of intelligence collection would be renounced and prohibited. Some have spoken of extending to Germany or other countries the “Five Eyes” agreement that has long existed among the US, the UK, Canada, Australia and New Zealand to share intelligence, and not to spy on each other. But a rarely-noted statute could make it difficult for any U.S. administration to achieve an international agreement involving binding new limits on intelligence collection against a foreign country, unless Congress enacts the limitation itself.
  • In the FY 2001 intelligence authorization act (P.L. 106-567, sect. 308), Congress said that the imperatives of U.S. intelligence gathering are to be understood to take precedence over any treaty or international agreement: “No Federal law enacted on or after the date of the enactment of the Intelligence Authorization Act for Fiscal Year 2001 that implements a treaty or other international agreement shall be construed as making unlawful an otherwise lawful and authorized intelligence activity of the United States Government or its employees, or any other person to the extent such other person is carrying out such activity on behalf of, and at the direction of, the United States, unless such Federal law specifically addresses such intelligence activity.” By way of explanation, the Senate Intelligence Committee said in a 2000 report:  “There has been a concern that future legislation implementing international agreements could be interpreted…. as restricting intelligence activities that are otherwise entirely consistent with U.S. law and policy.” At a minimum, this provision appears to complicate any such restriction on intelligence activities that is advanced by international agreement, unless it is explicitly affirmed by Congress itself.
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    The quoted passage include a link to the public law version of the quoted statute, which includes a definition of "authorized intelligence activities" and a reference indicating the law was codified at 50 U.S.C. 442. But it ain't there in the LII Cornell online version of the Code or in the Senate's online version. The Senate version has a reference saying that it was editorially transferred to another location in a Title dealing with disposal of government records. But the referenced sections do not exist there. So a trip to the law library to check the printed version and Westlaw. At this point I cannot confirm that the statute is still in force. But this is a great example of the evils of tucking substantive legislation into appropriation and other "Christmas Tree" bills. Oregon has a state constitutional provision limiting legislative enactments to a single subject. It's been used as authority by Oregon courts to void legislation on many occasions. But good luck trying to get the federal constitution amended to add a similar limitation.   
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BP is asking for its punishment-literally | The Daily Caller - Chris Horner - 0 views

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    Chris Horner was in the room when BP, Enron, Al Gore and Clinton met to discuss by-passing the Constitutional advise and consent role role of the Senate and signing the Kyoto Treaty with "Cap and Trade" mandates.  Enron and BP invented "Cap and Trade".  And now Obama promises to punish BP by passing a USA "Cap and Trade" energy tax on US citizens.  Right.  Figure that one out!  Excellent article. Tim Carney has a column at the Washington Examiner detailing BP's lobbying influence, which begs the following history lesson and first-hand account for voters, generally unaccustomed to such sleaze, to fully appreciate the game presently being played out in Washington. President Obama announced in Pittsburgh last week that BP's Gulf oil spill demands his wrath in the form of the Kerry-Lieberman "cap-and-trade" energy tax. Hearing this, your reaction may have been to wonder just how making energy more expensive for everyone-seniors, the poor, it's all good-is a proper response. And the truth is that our young ideological president's effort to make sure this crisis doesn't go to waste is actually much worse than it seems on its face. BP, joined by Enron, invented carbon cap-and-trade in the mid-1990s. Yeah. That cap-and-trade. I know, because I was in the room. And BP has been lobbying for it aggressively and at great expense ever since, some eight figures of which has gone to green pressure groups. Specifically, in May 1997 I met with senior officials from BP, Niagara Mohawk Power, and others… "others" like the Union of Concerned Scientists and their ilk… in the Washington offices of a white-shoe New York law firm, putting our collective heads together strategizing on how to get the U.S. roped into a global warming treaty, and get "cap-and-trade" imposed domestically, too.
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The Legend of the Phoenix - 0 views

  • It would seem the CIA has gone back into their archives, blown the dust off the Phoenix Program, and put it into play again as the “Drone War.” The similarities with the Drone War are readily evident to anyone old enough to know of the Phoenix Program. For those who aren’t old enough or who have forgotten, the Phoenix Program is usually referred to as an assassination program and was the subject of investigation by the Senate’s “Church Committee.” Indisputably, thousands of South Vietnamese civilians were killed under this CIA directed program.
  • Phoenix was far more than a mere assassination program , however. It was a Counter-Insurgency, COIN, program, using the tactic of counter-terrorism, including assassination, against the insurgent’s so-called infrastructure. This was the Vietnamese civilian population in which the insurgent, the Viet Cong guerilla, operated and from some of whom they drew their support. To the U.S., these civilians were the Viet Cong Infrastructure, the VCI. And the VCI was the target to be terrorized by any means necessary in the hope that they would turn against the Viet Cong. The VCI would have included the families, close and extended kinship groups, of alleged active Viet Cong combatants, fellow villagers, and other Vietnamese civilians who were not actively opposed to the Viet Cong. Some of this “support” was voluntary and some coerced. As the Phoenix Program went on, with its assassinations, torture practices, and “disappearances,” more support became voluntary as Vietnamese peasants turned against the U.S. and the South Vietnamese government as a result of the program. An error in identification of a victim was irrelevant to those in control of the program, the CIA, as it still served the purpose of terrorizing the civilian population, which was the true purpose of the program.
  • For the Viet Cong, this was a classic example of achieving the guerilla’s goal of having a civilian population turn against a government by a government’s own harsh over-reaction to the guerilla threat. Today, a guerilla and the people whom they are amongst are deemed “terrorists” if they find themselves on the wrong side of a domestic conflict that the U.S. has taken a side in, such as Yemen. As we saw in Libya, and see in Syria, these guerillas can become instant U.S. allies who must be supported, if, or when, the U.S. makes policy changes. But unless those U.S. policy changes occur, these groups remain part of the global terrorist network of “associated forces” with al Qaeda, in the eyes of CIA and military officials, and targeted with drones. From the relatively large number of civilian victims of drone attacks as claimed by residents of Pakistan’s Federally Administered Tribal Areas (FATA) and the political party, Pakistan Tehreek Insaf (PTI), this Drone Program has all the hallmarks of the Phoenix Program.
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  • Without more transparency by the government, no other conclusion can be drawn that the reason we see so many civilians killed by drones, while denying it as John Brennan did, is because we are targeting civilians as the “infrastructure.” While Anwar al-Awlaki was declared to be an “operational leader,” with the extremely elastic category of “infrastructure” as used in Vietnam, his “operational” activity may have only been “spreading antigovernment propaganda and rumors,” as the Rand Corporation put it, which led to his extrajudicial execution. How many other American citizens might that reach?
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    Spot on analysis by a retired Navy lawyer who knows his U.S. military history.The striking parallels he points to between contemporary U.S. drone terrorism and the notorious Viet Nam War Phoenix Program terrorism are no accident. Among the super-hawks of the War Party, there has been a persistent meme that the U.S. military suffered no defeat in Viet Nam, that the vaunted "counter-insurgency" strategy and tactics were working, and that the war was lost by politicians and the American public who lost the nerve to continue the war.  If you put your blinders on firmly enough to pretend that the North and South Vietnamese were separate people, there's an element of truth to that myth. The South Vietnamese Viet Cong guerrillas were decimated by 1970. But the North and South Vietnamese were in fact one people of a single nation, who had united to defeat and evict the French military force. The division into two nations was to have been only a one-year thing, prelude to national election of a government for a reunited Viet Nam. It was the U.S. puppet government of the South that, realizing they could not win the election, reneged on allowing it in the South.  Long before the Viet Cong became a shadow of its former force, the Vietnamese from the North had responded to the betrayal of the treaty by sending North Vietnamese regular army troops ("NVA") to the South, spearheaded by the same battle-hardened men who had defeated the French. And the U.S. military was well and truly overwhelmed by the NVA's strategy and tactics, forced to retreat into strongholds from which they ventured only in force. The NVA's Tet Offensive in 1968 failed to succeed in the effort to capture multiple Vietnamese cities concurrently. But the number, weaponry, and power of their force caused Lyndon Johnson to realize that the U.S. generals had been lying to him, that the U.S. was not on the brink of victory, and that there was a very long slog ahead with an unknown outcome if the U.S. continu
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Vodafone reveals existence of secret wires that allow state surveillance | Business | T... - 0 views

  • Vodafone, one of the world's largest mobile phone groups, has revealed the existence of secret wires that allow government agencies to listen to all conversations on its networks, saying they are widely used in some of the 29 countries in which it operates in Europe and beyond.The company has broken its silence on government surveillance in order to push back against the increasingly widespread use of phone and broadband networks to spy on citizens, and will publish its first Law Enforcement Disclosure Report on Friday. At 40,000 words, it is the most comprehensive survey yet of how governments monitor the conversations and whereabouts of their people.The company said wires had been connected directly to its network and those of other telecoms groups, allowing agencies to listen to or record live conversations and, in certain cases, track the whereabouts of a customer. Privacy campaigners said the revelations were a "nightmare scenario" that confirmed their worst fears on the extent of snooping.
  • Vodafone's group privacy officer, Stephen Deadman, said: "These pipes exist, the direct access model exists."We are making a call to end direct access as a means of government agencies obtaining people's communication data. Without an official warrant, there is no external visibility. If we receive a demand we can push back against the agency. The fact that a government has to issue a piece of paper is an important constraint on how powers are used."Vodafone is calling for all direct-access pipes to be disconnected, and for the laws that make them legal to be amended. It says governments should "discourage agencies and authorities from seeking direct access to an operator's communications infrastructure without a lawful mandate".
  • In America, Verizon and AT&T have published data, but only on their domestic operations. Deutsche Telekom in Germany and Telstra in Australia have also broken ground at home. Vodafone is the first to produce a global survey.
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  • Peter Micek, policy counsel at the campaign group Access, said: "In a sector that has historically been quiet about how it facilitates government access to user data, Vodafone has for the first time shone a bright light on the challenges of a global telecom giant, giving users a greater understanding of the demands governments make of telcos. Vodafone's report also highlights how few governments issue any transparency reports, with little to no information about the number of wiretaps, cell site tower dumps, and other invasive surveillance practices."
  • Snowden, the National Security Agency whistleblower, joined Google, Reddit, Mozilla and other tech firms and privacy groups on Thursday to call for a strengthening of privacy rights online in a "Reset the net" campaign.Twelve months after revelations about the scale of the US government's surveillance programs were first published in the Guardian and the Washington Post, Snowden said: "One year ago, we learned that the internet is under surveillance, and our activities are being monitored to create permanent records of our private lives – no matter how innocent or ordinary those lives might be. Today, we can begin the work of effectively shutting down the collection of our online communications, even if the US Congress fails to do the same."
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    The Vodafone disclosures will undoubtedly have a very large ripple effect. Note carefully that this is the first major telephone service in the world to break ranks with the others and come out swinging at secret government voyeur agencies. Will others follow. If you follow the links to the Vodafone report, you'll find a very handy big PDF providing an overview of the relevant laws in each of the customer nations. There's a cute Guardian table that shows the aggregate number of warrants for interception of content via Vodafone for each of those nations, broken down by content type. That table has white-on-black cells noting where disclosure of those types of surveillance statistics are prohibited by law. So it is far from a complete picture, but it's a heck of a good start.  But several of those customer nations are members of the E.U., where digital privacy rights are enshrined as human rights under an EU-wide treaty. So expect some heat to roll downhill on those nations from the European treaty organizations, particularly the European Court of Human Rights, staffed with civil libertarian judges, from which there is no appeal.     
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Israel decries US 'knife in back' over Palestinian govt - Yahoo News - 0 views

  • Washington's support for a new Palestinian government backed by Israel's Islamist foe Hamas, has left the Jewish state feeling betrayed, triggering a new crisis with its closest ally. Several Israeli ministers expressed public anger on Tuesday after the US State Department said it was willing to work with the new Palestinian unity government put together by the West Bank leadership and Gaza's Hamas rulers. Technocratic in nature, the new government was sworn in on Monday in front of president Mahmud Abbas, with Washington offering its backing several hours later.
  • Speaking to reporters on Monday, State Department spokeswoman Jen Psaki said the new cabinet would be judged "by its actions.""At this point, it appears that president Abbas has formed an interim technocratic government that does not include ministers affiliated with Hamas," she said. "With what we know now, we will work with this government."
  • The US endorsement was viewed as a major blow for Israeli Prime Minister Benjamin Netanyahu, who had on Sunday urged the international community not to rush into recognising the new government, which he said would only "strengthen terror."
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  • "Unfortunately, American naivety has broken all records," said Communications Minister Gilad Erdan, a cabinet hardliner who is close to Netanyahu."Collaborating with Hamas, which is defined as a terror organisation in the United States, is simply unthinkable. "US capitulation to Palestinian tactics badly damages the chance of ever returning to negotiations and will cause Israel to take unilateral steps to defend its citizens from the government of terror which Abu Mazen (Abbas) has set up." Public radio said Netanyahu was feeling "betrayed and deceived," particularly as he had assured his security cabinet that US Secretary of State John Kerry had promised him Washington would not recognise the new government immediately.
  • "And it wasn't immediate -- it was five hours later that this recognition took place," the radio noted ironically. A senior political official quoted by the Israel Hayom freesheet, widely regarded as Netanyahu's mouthpiece, said the US move was "like a knife in the back." - 'Answer with annexation' - Israeli commentators said the Palestinians had chalked up a "major success" in driving a new wedge between Israel and its US ally.
  • With the peace process in tatters, hardliners within Netanyahu's rightwing coalition have been pushing for Israel to take unilateral steps such as the annexation of the main Jewish settlement blocs in the occupied West Bank.
  • The security cabinet agreed on Monday to set up a team to examine the annexation option, but Yediot Aharonot commentator Shimon Shiffer said the move was a sop to Bennett and other hardliners rather than a serious policy change.
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    What's remarkable here is that Obama has apparently ratcheted down his fear of the Israel Lobby. But it's not as though Mr. Netanyahu was not warned that the world would see Israel as responsible if it blew up the Kerry-brokered negotiation between Israel and Palestine. Israel did blow it up by not delivering the last shipment of Palestinian prisoners required by the pre-negotiation agreement, attempting to gain further concessions using their release as leverage.  Palestine responded by joining a large number of U.N. treaty organizations and was thus recognized by most nations on the planet as a nation: a critically important move, because it is recognition by other nations as a nation that qualifies Palestine as a full-fledged U.N. member rather than an observer state, an application Palestine can now make at the time of its choosing. That is also important because Palestine is now positioned to join the Rome Convention that created the International Criminal Court, providing Palestine with legal standing to file war crime charges against high Israeli officials that would then obligate the Court to investigate. Palestine is holding back on that move, using it as bargaining leverage on the world stage.   Palestine also responded by forming a coalition "unity" government with Hamas, the political party that nominally rules the Gaza strip, the world's largest open-air concentration camp. At Israel's request, the U.S. had several years ago designated Hamas as a terrorist organization. But that was a purely political move. It seems that the political situation has changed. Obama is pivoting out of the Mideast as he performs his ballyhooed "pivot to Asia," which is actually a pivot to contain Russia that isn't working and a pivot to subjugate Africa and its huge store of untapped natural resources, including lots of oil. Blocking China's economic deals in Africa with military force seems to be the current top concern in the White House. Israel was already a pari
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Former Vice President Dick Cheney Says CIA Torture Report Is 'Full of Crap' - ABC News - 0 views

  • "I think it is a terrible report, deeply flawed," Cheney said on Fox News, his first televised interview since the report's release. "It's a classic example of where politicians get together and throw professionals under the bus." Cheney said he had not read the entire 6,000-page classified document, drafted by Democrats and their staffs on the Senate Intelligence Committee, or the 500-page declassified and redacted executive summary. But he unequivocally said its findings were flawed and an affront to members of the CIA.
  • “The notion that the agency was operating on a rogue basis was just a flat out lie," Cheney said. He insisted the so-called enhanced interrogation techniques were all legally justified and inconsistent with "torture," though he conceded that the practice of "rectal rehydration" mentioned in the report, "was not one of the authorized or approved techniques." Cheney said he also rejects the allegation that his boss, President George W. Bush, was kept in the dark. “He was in fact an integral part of the program. He had to approve it before we moved forward with it,“ Cheney said. “He knew everything he needed to know and wanted to know about the program."
  • While the brutal and graphic descriptions of the techniques have dominated headlines and been labeled "torture" by President Obama, Cheney says critics have lost sight of the context. The former vice president said he's particularly bothered by criticism over the treatment of Khalid Sheilk Mohammad, the alleged mastermind of 9/11. “He is in our possession, we know he’s the architect [of the attacks], what are we supposed to do? Kiss him on both cheeks?“ Cheney said. “How nice do you want to be to the murderers of 3,000 people on 9/11?” Asked whether the ends justify the means when it comes to brutal interrogations, Cheney said, "absolutely.” “I’d do it again in a minute,” he said.
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    A bunch of statements that Cheney and George W. Bush will regret if they are ever brought before a tribunal for their war crimes.  Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, Article 2: "2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture. "3. An order from a superior officer or a public authority may not be invoked as a justification of torture." Article 4: "1. Each State Party shall ensure that all acts of torture are offences under its criminal law. The same shall apply to an attempt to commit torture and to an act by any person which constitutes complicity or participation in torture. 2. Each State Party shall make these offences punishable by appropriate penalties which take into account their grave nature." Article 6: "1. Upon being satisfied, after an examination of information available to it, that the circumstances so warrant, any State Party in whose territory a person alleged to have committed any offence referred to in article 4 is present shall take him into custody or take other legal measures to ensure his presence. The custody and other legal measures shall be as provided in the law of that State but may be continued only for such time as is necessary to enable any criminal or extradition proceedings to be instituted." Or in other words, every defense being raised to excuse the CIA torture is foreclosed by a treaty that through the Constitution's Treaty Clause is "the law of this land." The Obama Administration is legally compelled to prosecute.
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LEAKED: Secret Negotiations to Let Big Brother Go Global | Wolf Street - 0 views

  • Much has been written, at least in the alternative media, about the Trans Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP), two multilateral trade treaties being negotiated between the representatives of dozens of national governments and armies of corporate lawyers and lobbyists (on which you can read more here, here and here). However, much less is known about the decidedly more secretive Trade in Services Act (TiSA), which involves more countries than either of the other two. At least until now, that is. Thanks to a leaked document jointly published by the Associated Whistleblowing Press and Filtrala, the potential ramifications of the treaty being hashed out behind hermetically sealed doors in Geneva are finally seeping out into the public arena.
  • If signed, the treaty would affect all services ranging from electronic transactions and data flow, to veterinary and architecture services. It would almost certainly open the floodgates to the final wave of privatization of public services, including the provision of healthcare, education and water. Meanwhile, already privatized companies would be prevented from a re-transfer to the public sector by a so-called barring “ratchet clause” – even if the privatization failed. More worrisome still, the proposal stipulates that no participating state can stop the use, storage and exchange of personal data relating to their territorial base. Here’s more from Rosa Pavanelli, general secretary of Public Services International (PSI):
  • The leaked documents confirm our worst fears that TiSA is being used to further the interests of some of the largest corporations on earth (…) Negotiation of unrestricted data movement, internet neutrality and how electronic signatures can be used strike at the heart of individuals’ rights. Governments must come clean about what they are negotiating in these secret trade deals. Fat chance of that, especially in light of the fact that the text is designed to be almost impossible to repeal, and is to be “considered confidential” for five years after being signed. What that effectively means is that the U.S. approach to data protection (read: virtually non-existent) could very soon become the norm across 50 countries spanning the breadth and depth of the industrial world.
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  • The main players in the top-secret negotiations are the United States and all 28 members of the European Union. However, the broad scope of the treaty also includes Australia, Canada, Chile, Colombia, Costa Rica, Hong Kong, Iceland, Israel, Japan, Liechtenstein, Mexico, New Zealand, Norway, Pakistan, Panama, Paraguay, Peru, South Korea, Switzerland, Taiwan and Turkey. Combined they represent almost 70 percent of all trade in services worldwide. An explicit goal of the TiSA negotiations is to overcome the exceptions in GATS that protect certain non-tariff trade barriers, such as data protection. For example, the draft Financial Services Annex of TiSA, published by Wikileaks in June 2014, would allow financial institutions, such as banks, the free transfer of data, including personal data, from one country to another. As Ralf Bendrath, a senior policy advisor to the MEP Jan Philipp Albrecht, writes in State Watch, this would constitute a radical carve-out from current European data protection rules:
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Russia invites NATO Members to Security Conference: Experts warn about Risk of unwanted... - 0 views

  • Russia has invited all NATO member States and the NATO leadership to attend a security conference in mid-April, said the Russian Deputy Defense Minister Anatoly Antonov. The invitation comes against the backdrop of deteriorating relations between members of the Atlantic Alliance and Russia. Meanwhile, during a recent symposium, experts warned about the risk of a military escalation that includes the use of nuclear weapons, whether it be wanted or unwanted.  Russian Deputy Defense Minister Anatoly Antonov said on Thursday that NATO cannot be the sole guarantor of freedom and security in a modern world, reports the Russian Tass news agency, Antonov added that some countries now are trying to impose their policy and position on others and that latest developments show how imperfect the world is.
  • In 2008 NATO and the UN signed a Secretariat Coordination Treaty that implies that NATO has become the de facto military enforcement instrument of the international body, even though NATO is not representative of UN members or their individual rights or policies. The signing of this treaty was largely omitted by most media. Russia has since the reunification of Germany repeatedly complained that it perceives NATO’s eastwards expansion and the deployment of anti-missile systems directed against Russia along its borders as a potential threat and as a violation of the agreements which led to the reunification of Germany. This position has, among others, been stressed by the last Soviet leader Michael Gorbachev. It was confirmed by the former French Foreign Minister Roland Dumas who stressed that the understanding that NATO would not expand eastwards was by all sides understood as “the essence of peace”.
  • The dispute was to some degree mitigated by the Russian – NATO cooperation within the NATO’s “Partnership for Peace” program which has largely been suspended since the eruption of the conflict in and about Ukraine in 2014. The Tass news agency quotes Antonov as saying that: “Some countries and even associations, such as the European Union, venture to define who and how should behave themselves on the international arena. If anyone voices another stance, which is different from that of Washington, Brussels and Ottawa, then they try to punish this country. … This is what is happening in regard to Russia today.” Antonov stressed that there today is a lack of confidence between the countries and that it would be difficult to mend the international security system which has been seriously undermined by the actions of the United States and its allies in the international arena. He added, however, that the potential of Russian – U.S.’ relations has not yet been exhausted although he never, in his entire diplomatic career that relations had been has difficult as they were today. Antonov stressed that the Ukrainian crisis affects security throughout Europe.
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  • International law with regard to the situation in Ukraine is difficult and subject to interpretation rather than regulation. On one hand there is the principal of non-interference into internal affairs which has been undermined, practically by financing policy groups and NGOs and legally by constructs such as the “responsibility to protect”. One the other hand there is the principle about the invulnerability of national borders. This principle, on the other hand, is being contradicted by the equally valid right to self-determination as seen in the Crimean referendum and Crimea’s accession into the Russian Federation or the 2014 referendum on Scottish independence. International law is, on other words, highly subjective and based on policy and  constructs about apparent “legitimacy” rather than legality and law.
  • Experts warn about the risk of unwanted nuclear war. Several analysts would note that the deterioration in relations between NATO and Russia poses an acute risk for a military escalation which could include the use of nuclear weapons and escalate into a conflict of global reach regardless whether it is wanted or unwanted. During a two-day symposium at the New York Academy of Medical Sciences on February 28 and March 1, 2015, several internationally renown experts warned about the risk about a potential escalation of the situation in Ukraine and the involvement of nuclear weapons due to mutual distrust and nuclear forces being on hair-trigger alert.
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Treaties and International Law - Treaties for which NZ is Depositary - Trans-Pacific St... - 0 views

  • Text of the Trans-Pacific Partnership The text of the Agreement was released by TPP Parties on 5 November 2015 and can be accessed by chapter below. The text will continue to undergo legal review and will be translated into French and Spanish language versions prior to signature.
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    Here's the text of the TPP, boys and girls.
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