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Senator Who Put Pentagon Papers Into Public Record Urges Udall To Do Same With Torture ... - 0 views

  • Article 1, Section 6 of the Constitution establishes an absolute free-speech right for members of Congress on the floor or in committee, even if they are disclosing classified material. It states that “for any Speech or Debate in either House, they shall not be questioned in any other Place.” Within hours of Colorado Senator Mark Udall losing his reelection bid last week, transparency activists were talking about how he should go out with a bang and put the Senate intelligence committee’s torture report into the congressional record.  The report is said to detail shockingly brutal abuse of detainees by the CIA during the George W. Bush administration, as well as rampant deception about the program by top officials. But the Obama White House is refusing to declassify even a summary of the report without major redactions. And Republicans take over the Senate in January.
  • Udall is one of two senators — along with fellow Intelligence Committee member Ron Wyden — who have consistently demanded greater transparency from the intelligence community. If he made the report public on the Senate floor or during a hearing, he couldn’t be prosecuted. The last time any senator did anything nearly so grand was in 1971, when Mike Gravel, two years into his 12 years representing the state of Alaska, entered 4,000 pages of the Pentagon Papers into the congressional record just before the U.S. Supreme Court lifted an injunction on publishing them in the press.
  • Now, Gravel is urging Udall to join the club. “If Udall wants to call me, I can explain this to him,” Gravel, pictured above, said in a phone interview from his home in Burlingame, Calif. Gravel’s recommendation: “What he’d have to do is call a subcommittee meeting like I did, late at night.”
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  • Back in 1971, Gravel first tried to read the Papers from the Senate floor. He even got himself rigged up with a colostomy bag so he wouldn’t need to take breaks. But he was stymied by an unexpected procedural move. So he moved to Plan B: He called a late-night subcommittee meeting with almost no notice to the other members. Gravel read some of the Pentagon Papers out loud, but challenged by dyslexia and overcome with emotion, he finally opted for another way: “I asked for unanimous consent to put it in the record of the subcommittee. And there was no one there to object.” Here is amazing unedited footage of that night:
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The Digital Hunt for Duqu, a Dangerous and Cunning U.S.-Israeli Spy Virus - The Intercept - 0 views

  • “Is this related to what we talked about before?” Bencsáth said, referring to a previous discussion they’d had about testing new services the company planned to offer customers. “No, something else,” Bartos said. “Can you come now? It’s important. But don’t tell anyone where you’re going.” Bencsáth wolfed down the rest of his lunch and told his colleagues in the lab that he had a “red alert” and had to go. “Don’t ask,” he said as he ran out the door. A while later, he was at Bartos’ office, where a triage team had been assembled to address the problem they wanted to discuss. “We think we’ve been hacked,” Bartos said.
  • They found a suspicious file on a developer’s machine that had been created late at night when no one was working. The file was encrypted and compressed so they had no idea what was inside, but they suspected it was data the attackers had copied from the machine and planned to retrieve later. A search of the company’s network found a few more machines that had been infected as well. The triage team felt confident they had contained the attack but wanted Bencsáth’s help determining how the intruders had broken in and what they were after. The company had all the right protections in place—firewalls, antivirus, intrusion-detection and -prevention systems—and still the attackers got in.
  • Bencsáth was a teacher, not a malware hunter, and had never done such forensic work before. At the CrySyS Lab, where he was one of four advisers working with a handful of grad students, he did academic research for the European Union and occasional hands-on consulting work for other clients, but the latter was mostly run-of-the-mill cleanup work—mopping up and restoring systems after random virus infections. He’d never investigated a targeted hack before, let alone one that was still live, and was thrilled to have the chance. The only catch was, he couldn’t tell anyone what he was doing. Bartos’ company depended on the trust of customers, and if word got out that the company had been hacked, they could lose clients. The triage team had taken mirror images of the infected hard drives, so they and Bencsáth spent the rest of the afternoon poring over the copies in search of anything suspicious. By the end of the day, they’d found what they were looking for—an “infostealer” string of code that was designed to record passwords and other keystrokes on infected machines, as well as steal documents and take screenshots. It also catalogued any devices or systems that were connected to the machines so the attackers could build a blueprint of the company’s network architecture. The malware didn’t immediately siphon the stolen data from infected machines but instead stored it in a temporary file, like the one the triage team had found. The file grew fatter each time the infostealer sucked up data, until at some point the attackers would reach out to the machine to retrieve it from a server in India that served as a command-and-control node for the malware.
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  • Bencsáth took the mirror images and the company’s system logs with him, after they had been scrubbed of any sensitive customer data, and over the next few days scoured them for more malicious files, all the while being coy to his colleagues back at the lab about what he was doing. The triage team worked in parallel, and after several more days they had uncovered three additional suspicious files. When Bencsáth examined one of them—a kernel-mode driver, a program that helps the computer communicate with devices such as printers—his heart quickened. It was signed with a valid digital certificate from a company in Taiwan (digital certificates are documents ensuring that a piece of software is legitimate). Wait a minute, he thought. Stuxnet—the cyberweapon that was unleashed on Iran’s uranium-enrichment program—also used a driver that was signed with a certificate from a company in Taiwan. That one came from RealTek Semiconductor, but this certificate belonged to a different company, C-Media Electronics. The driver had been signed with the certificate in August 2009, around the same time Stuxnet had been unleashed on machines in Iran.
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British Spies Are Free to Target Lawyers and Journalists - The Intercept - 0 views

  • British spies have been granted the authority to secretly eavesdrop on legally privileged attorney-client communications, according to newly released documents. On Thursday, a series of previously classified policies confirmed for the first time that the U.K.’s top surveillance agency Government Communications Headquarters (pictured above) has advised its employees: “You may in principle target the communications of lawyers.” The U.K.’s other major security and intelligence agencies—MI5 and MI6—have adopted similar policies, the documents show. The guidelines also appear to permit surveillance of journalists and others deemed to work in “sensitive professions” handling confidential information.
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NSA Reform Bill Dies As Republicans Hype Threats From Islamic State - The Intercept - 0 views

  • Senate Republicans, ratcheting up their rhetoric about the threat posed by the Islamic State, on Tuesday night sank the only significant legislative attempt to rein in the National Security Agency in the nearly year and a half since  American citizens first learned they were being spied on by their own government. The procedural vote to move forward on the USA Freedom Act required 60 votes. It received 58. All but one Democrat and four libertarian-leaning Republicans voted in favor of the bill. The rest of the Republicans — including libertarian firebrand Rand Paul (R-Ky.) —  voted against, along with Florida Democrat Bill Nelson. (Here’s the rollcall of the vote.)
  • During a brief debate before the vote, Georgia Republican Saxby Chambliss warned that members of the Islamic State “want people to walk the streets of New York… and start killing people.”  And, displaying either a real or feigned ignorance of the extraordinary latitude the NSA will continue to enjoy when it comes to spying on international communications, he suggested that the bulk collection of domestic phone records was necessary to ferret out such plans. (Watch video of the debate.)
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    Two federal courts of appeals should be issuing opinions soon on the constitutionality of the NSA program at issue. I put the odds at about 99-1 that the government loses both cases. 
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Tomgram: Shamsi and Harwood, An Electronic Archipelago of Domestic Surveillance | TomDi... - 0 views

  • Uncle Sam’s Databases of Suspicion A Shadow Form of National ID
  • We do know that the nation’s domestic-intelligence network is massive, including at least 59 federal agencies, over 300 Defense Department units, and approximately 78 state-based fusion centers, as well as the multitude of law enforcement agencies they serve. We also know that local law enforcement agencies have themselves raised concerns about the system’s lack of privacy protections.
  • The SAR database is part of an ever-expanding domestic surveillance system established after 9/11 to gather intelligence on potential terrorism threats. At an abstract level, such a system may seem sensible: far better to prevent terrorism before it happens than to investigate and prosecute after a tragedy. Based on that reasoning, the government exhorts Americans to “see something, say something” -- the SAR program’s slogan. Indeed, just this week at a conference in New York City, FBI Director James Comey asked the public to report any suspicions they have to authorities. “When the hair on the back of your neck stands, listen to that instinct and just tell somebody,” said Comey. And seeking to reassure those who do not want to get their fellow Americans in trouble based on instinct alone, the FBI director added, “We investigate in secret for a very good reason, we don't want to smear innocent people.”
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  • At a fundamental level, suspicious activity reporting, as well as the digital and physical infrastructure of networked computer servers and fusion centers built around it, depends on what the government defines as suspicious.  As it happens, this turns out to include innocuous, First Amendment-protected behavior. As a start, a little history: the Nationwide Suspicious Activity Reporting Initiative was established in 2008 as a way for federal agencies, law enforcement, and the public to report and share potential terrorism-related information. The federal government then developed a list of 16 behaviors that it considered “reasonably indicative of criminal activity associated with terrorism.” Nine of those 16 behaviors, as the government acknowledges, could have nothing to do with criminal activity and are constitutionally protected, including snapping photographs, taking notes, and “observation through binoculars.”
  • There are any number of problems with this approach, starting with its premise.  Predicting who exactly is a future threat before a person has done anything wrong is a perilous undertaking. That’s especially the case if the public is encouraged to report suspicions of neighbors, colleagues, and community members based on a “hair-on-the-back-of-your-neck” threshold. Nor is it any comfort that the FBI promises to protect the innocent by investigating “suspicious” people in secret. The civil liberties and privacy implications are, in fact, truly hair-raising, particularly when the Bureau engages in abusive and discriminatory sting operations and other rights violations.
  • A few months later, a scathing report from the Senate subcommittee on homeland security described similar intelligence problems in state-based fusion centers. It found that Department of Homeland Security (DHS) personnel assigned to the centers “forwarded ‘intelligence’ of uneven quality -- oftentimes shoddy, rarely timely, sometimes endangering citizens’ civil liberties and Privacy Act protections... and more often than not unrelated to terrorism.”
  • Law enforcement officials, including the Los Angeles Police Department’s top counterterrorism officer, have themselves exhibited skepticism about suspicious activity reporting (out of concern with the possibility of overloading the system). In 2012, George Washington University’s Homeland Security Policy Institute surveyed counterterrorism personnel working in fusion centers and in a report generally accepting of SARs noted that the program had “flooded fusion centers, law enforcement, and other security outfits with white noise,” complicating “the intelligence process” and distorting “resource allocation and deployment decisions.” In other words, it was wasting time and sending personnel off on wild goose chases.
  • Under federal regulations, the government can only collect and maintain criminal intelligence information on an individual if there is a “reasonable suspicion” that he or she is “involved in criminal conduct or activity and the information is relevant to that criminal conduct or activity.” The SAR program officially lowered that bar significantly, violating the federal government’s own guidelines for maintaining a “criminal intelligence system.” There’s good reason for, at a minimum, using a reasonable suspicion standard. Anything less and it’s garbage in, garbage out, meaning counterterrorism “intelligence” databases become anything but intelligent.
  • yet another burgeoning secret database that the federal government calls its “consolidated terrorism watchlist.” Inclusion in this database -- and on government blacklists that are generated from it -- can bring more severe repercussions than unwarranted law enforcement attention. It can devastate lives.
  • There is hope, however. In August, four years after the ACLU filed a lawsuit on behalf of 13 people on the no-fly list, a judge ruled that the government’s redress system is unconstitutional. In early October, the government notified Mashal and six others that they were no longer on the list. Six of the ACLU’s clients remain unable to fly, but at least the government now has to disclose just why they have been put in that category, so that they can contest their blacklisting. Soon, others should have the same opportunity.
  • As of August 2013, there were approximately 47,000 people, including 800 U.S. citizens and legal permanent residents like Mashal, on that secretive no-fly list, all branded as “known or suspected terrorists.” All were barred from flying to, from, or over the United States without ever being given a reason why. On 9/11, just 16 names had been on the predecessor “no transport” list. The resulting increase of 293,650% -- perhaps more since 2013 -- isn’t an accurate gauge of danger, especially given that names are added to the list based on vague, broad, and error-prone standards.
  • The No Fly List is only the best known of the government’s web of terrorism watchlists. Many more exist, derived from the same master list.  Currently, there are more than one million names in the Terrorist Identities Datamart Environment, a database maintained by the National Counterterrorism Center. This classified source feeds the Terrorist Screening Database (TSDB), operated by the FBI’s Terrorist Screening Center. The TSDB is an unclassified but still secret list known as the “master watchlist.” containing what the government describes as “known or suspected terrorists,” or KSTs.
  • Nothing encapsulates the post-9/11, Alice-in-Wonderland inversion of American notions of due process more strikingly than this “blacklist first, innocence later... maybe” mindset. The Terrorist Screening Database is then used to fill other lists. In the context of aviation, this means the no-fly list, as well as the selectee and expanded selectee lists. Transportation security agents subject travelers on the latter two lists to extra screenings, which can include prolonged and invasive interrogation and searches of laptops, phones, and other electronic devices. Around the border, there’s the State Department’s Consular Lookout and Support System, which it uses to flag people it thinks shouldn’t get a visa, and the TECS System, which Customs and Border Protection uses to determine whether someone can enter the country.
  • According to documents recently leaked to the Intercept, as of August 2013 that master watchlist contained 680,000 people, including 5,000 U.S. citizens and legal permanent residents. The government can add people’s names to it according to a shaky “reasonable suspicion” standard. There is, however, growing evidence that what’s “reasonable” to the government may only remotely resemble what that word means in everyday usage. Information from a single source, even an uncorroborated Facebook post, can allow a government agent to watchlist an individual with virtually no outside scrutiny. Perhaps that’s why 40% of those on the master watchlist have “no recognized terrorist group affiliation,” according to the government’s own records.
  • This opens up the possibility of increased surveillance and tense encounters with the police, not to speak of outright harassment, for a large but undivulged number of people. When a police officer stops a person for a driving infraction, for instance, information about his or her KST status will pop up as soon a driver’s license is checked.  According to FBI documents, police officers who get a KST hit are warned to “approach with caution” and “ask probing questions.” When officers believe they’re about to go face to face with a terrorist, bad things can happen. It’s hardly a stretch of the imagination, particularly after a summer of police shootings of unarmed men, to suspect that an officer approaching a driver whom he believes to be a terrorist will be quicker to go for his gun. Meanwhile, the watchlisted person may never even know why his encounters with police have taken such a peculiar and menacing turn. According to the FBI's instructions, under no circumstances is a cop to tell a suspect that he or she is on a watchlist.
  • Inside the United States, no watchlist may be as consequential as the one that goes by the moniker of the Known or Appropriately Suspected Terrorist File. The names on this blacklist are shared with more than 17,000 state, local, and tribal police departments nationwide through the FBI’s National Crime Information Center (NCIC). Unlike any other information disseminated through the NCIC, the KST File reflects mere suspicion of involvement with criminal activity, so law enforcement personnel across the country are given access to a database of people who have secretly been labeled terrorism suspects with little or no actual evidence, based on virtually meaningless criteria.
  • And once someone is on this watchlist, good luck getting off it. According to the government’s watchlist rulebook, even a jury can’t help you. “An individual who is acquitted or against whom charges are dismissed for a crime related to terrorism,” it reads, “may nevertheless meet the reasonable standard and appropriately remain on, or be nominated to, the Terrorist Watchlist.” No matter the verdict, suspicion lasts forever.
  • The SARs program and the consolidated terrorism watchlist are just two domestic government databases of suspicion. Many more exist. Taken together, they should be seen as a new form of national ID for a growing group of people accused of no crime, who may have done nothing wrong, but are nevertheless secretly labeled by the government as suspicious or worse. Innocent until proven guilty has been replaced with suspicious until determined otherwise. Think of it as a new shadow system of national identification for a shadow government that is increasingly averse to operating in the light. It’s an ID its “owners” don’t carry around with them, yet it’s imposed on them whenever they interact with government agents or agencies. It can alter their lives in disastrous ways, often without their knowledge. And they could be you. If this sounds dystopian, that’s because it is.
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How Many Muslim Countries Has the U.S. Bombed Or Occupied Since 1980? - The Intercept - 0 views

  • Barack Obama, in his post-election press conference yesterday, announced that he would seek an Authorization for Use of Military Force (AUMF) from the new Congress, one that would authorize Obama’s bombing campaign in Iraq and Syria—the one he began three months ago. If one were being generous, one could say that seeking congressional authorization for a war that commenced months ago is at least better than fighting a war even after Congress explicitly rejected its authorization, as Obama lawlessly did in the now-collapsed country of Libya.
  • To get a full scope of American violence in the world, it is worth asking a broader question: how many countries in the Islamic world has the U.S. bombed or occupied since 1980? That answer was provided in a recent Washington Post op-ed by the military historian and former U.S. Army Col. Andrew Bacevich: As America’s efforts to “degrade and ultimately destroy” Islamic State militants extent into Syria, Iraq War III has seamlessly morphed into Greater Middle East Battlefield XIV. That is, Syria has become at least the 14th country in the Islamic world that U.S. forces have invaded or occupied or bombed, and in which American soldiers have killed or been killed. And that’s just since 1980.
  • Let’s tick them off: Iran (1980, 1987-1988), Libya (1981, 1986, 1989, 2011), Lebanon (1983), Kuwait (1991), Iraq (1991-2011, 2014-), Somalia (1992-1993, 2007-), Bosnia (1995), Saudi Arabia (1991, 1996), Afghanistan (1998, 2001-), Sudan (1998), Kosovo (1999), Yemen (2000, 2002-), Pakistan (2004-) and now Syria. Whew. Bacevich’s count excludes the bombing and occupation of still other predominantly Muslim countries by key U.S. allies such as Israel and Saudi Arabia, carried out with crucial American support. It excludes coups against democratically elected governments, torture, and imprisonment of people with no charges. It also, of course, excludes all the other bombing and invading and occupying that the U.S. has carried out during this time period in other parts of the world, including in Central America and the Caribbean, as well as various proxy wars in Africa.
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  • When Obama began bombing targets inside Syria in September, I noted that it was the seventh predominantly Muslim country that had been bombed by the U.S. during his presidency (that did not count Obama’s bombing of the Muslim minority in the Philippines). I also previously noted that this new bombing campaign meant that Obama had become the fourth consecutive U.S. President to order bombs dropped on Iraq. Standing alone, those are both amazingly revealing facts. American violence is so ongoing and continuous that we barely notice it any more.
  • There is an awful lot to be said about the factions in the west which devote huge amounts of their time and attention to preaching against the supreme primitiveness and violence of Muslims.
  • Employing the defining tactic of bigotry, they love to highlight the worst behavior of individual Muslims as a means of attributing it to the group as a whole, while ignoring (often expressly) the worst behavior of individual Jews and/or their own groups (they similarly cite the most extreme precepts of Islam while ignoring similarly extreme ones from Judaism). That’s because, as Rula Jebreal told Bill Maher last week, if these oh-so-brave rationality warriors said about Jews what they say about Muslims, they’d be fired. But of all the various points to make about this group, this is always the most astounding: those same people, who love to denounce the violence of Islam as some sort of ultimate threat, live in countries whose governments unleash far more violence, bombing, invasions, and occupations than anyone else by far. That is just a fact.
  • Those who sit around in the U.S. or the U.K. endlessly inveighing against the evil of Islam, depicting it as the root of violence and evil (the “mother lode of bad ideas“), while spending very little time on their own societies’ addictions to violence and aggression, or their own religious and nationalistic drives, have reached the peak of self-blinding tribalism. They really are akin to having a neighbor down the street who constantly murders, steals and pillages, and then spends his spare time flamboyantly denouncing people who live thousands of miles away for their bad acts. Such a person would be regarded as pathologically self-deluded, a term that also describes those political and intellectual factions which replicate that behavior. The sheer casualness with which Obama yesterday called for a new AUMF is reflective of how central, how commonplace, violence and militarism are in the U.S.’s imperial management of the world. That some citizens of that same country devote themselves primarily if not exclusively to denouncing the violence and savagery of others is a testament to how powerful and self-blinding tribalism is as a human drive.
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    Glenn Greenwald.
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A Year After Reform Push, NSA Still Collects Bulk Domestic Data, Still Lacks Way to Ass... - 0 views

  • The presidential advisory board on privacy that recommended a slew of domestic surveillance reforms in the wake of the Edward Snowden revelations reported today that many of its suggestions have been agreed to “in principle” by the Obama administration, but in practice, very little has changed. Most notably, the Privacy and Civil Liberties Oversight Board called attention to the obvious fact that one full year after it concluded that the government’s bulk collection of metadata on domestic telephone calls is illegal and unproductive, the program continues apace. “The Administration accepted our recommendation in principle. However, it has not ended the bulk telephone records program on its own, opting instead to seek legislation to create an alternative to the existing program,” the report notes.
  • And while Congress has variously debated, proposed, neutered, and failed to agree on any action, the report’s authors point the finger of blame squarely at President Obama. “It should be noted that the Administration can end the bulk telephone records program at any time, without congressional involvement,” the report says. Obama said a year ago that he favored an end to the government collection of those records if an alternative — such as keeping the records at the telephone companies, or with a third party — still allowed them to be searchable by the government. The White House was recently said to be “still considering” the matter. The board noted that Obama has accepted some, but not all, of the privacy safeguards it recommended — somewhat reducing the ease and depth with which National Security Agency agents can dig through the domestic data, but not, for instance, agreeing to delete the data after three years, instead of five.
  • But one recommendation in particular – that the intelligence community develop some sort of methodology to assess whether any of this stuff is actually doing any good — has been notably “not implemented.” “Determining the efficacy and value of particular counterterrorism programs is critical,” the board says. “Without such determinations, policymakers and courts cannot effectively weigh the interests of the government in conducting a program against the intrusions on privacy and civil liberties that it may cause.”
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  • A year ago, the board also recommended that Congress enact legislation enabling the secretive Foreign Intelligence Surveillance Court, which currently approves both specific and blanket warrant applications without allowing anyone to argue otherwise, to hear independent views. It recommended more appellate reviews of that court’s rulings. There’s been no progress on either front. A year ago, the board recommended that “the scope of surveillance authorities affecting Americans should be public,” and that the intelligence community should “develop principles and criteria for the public articulation of the legal authorities under which it conducts surveillance affecting Americans.” Something is apparently brewing in that area, but it’s not entirely clear what. “Intelligence Community representatives have advised us that they are committed to implementing this recommendation,” with principles “that they will soon be releasing,” the report says.
  • The presidential advisory board on privacy that recommended a slew of domestic surveillance reforms in the wake of the Edward Snowden revelations reported today that many of its suggestions have been agreed to “in principle” by the Obama administration, but in practice, very little has changed. Most notably, the Privacy and Civil Liberties Oversight Board called attention to the obvious fact that one full year after it concluded that the government’s bulk collection of metadata on domestic telephone calls is illegal and unproductive, the program continues apace. “The Administration accepted our recommendation in principle. However, it has not ended the bulk telephone records program on its own, opting instead to seek legislation to create an alternative to the existing program,” the report notes.
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Obama Asks Congress to Authorize War That's Already Started - The Intercept - 0 views

  • As the U.S. continues to bomb the Islamic State in Iraq and Syria, President Obama asked Congress today to approve a new legal framework for the ongoing military campaign. The administration’s draft law “would not authorize long-term, large-scale ground combat operations” like Iraq and Afghanistan, Obama wrote in a letter accompanying the proposal. The draft’s actual language is vague, allowing for ground troops in what Obama described as “limited circumstances,” like special operations and rescue missions. The authorization would have no geographic limitations and allow action against “associated persons or forces” of the Islamic State. It would expire in three years.
  • Since August, the U.S. and other nations have carried out more than 2,300 airstrikes, according to data released by the U.S. military and compiled by journalist Chris Woods. The administration currently justifies those airstrikes by invoking self-defense and the 2001 Authorization for Use of Military Force. Passed one week after the September 11th, 2001 and just 60 words long, that law in broad language gave the White House the power to go after anyone connected to the 9/11 attacks. Thirteen years on, it is still the main legal backing for the war in Afghanistan and for the targeted killings of alleged Al Qaeda affiliates in Pakistan, Yemen, and Somalia–though there is now a growing consensus among legal scholars and some members of Congress that the law is being used to justify military action it wasn’t originally intended to cover. Tying ISIS to the 9/11 attacks on the basis of a tenuous relationship to Al Qaeda is probably taking things too far, Koh and others argue.
  • Obama maintains that he too would like to see the 2001 law narrowed and eventually repealed. But the White House ISIS proposal doesn’t address it, although it would roll back the 2002 law underpinning the war in Iraq. Congress decided to postpone debating an ISIS authorization until after the midterm elections last fall—voting either way on a new war seemed politically dicey to both parties. It’s possible that legislators won’t come to an agreement on the White House proposal, with many Democrats saying it’s still too open-ended, and some Republicans chafing at the idea of adding more restrictions.
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  • Senator Tim Kaine, D-Va., said in a statement that he was “concerned about the breadth and vagueness of the U.S. ground troop language” in the White House draft. It says that it does not permit “enduring offensive ground combat operations,” without further clarification. In his letter to Congress, Obama wrote that the administration’s goal was to “degrade and defeat” ISIS. That may be the rhetoric, Koh said, but the actual strategy is probably closer to, “drive them out of Iraq and back into Syria, which is a country that is already in total chaos.” Koh also expressed concern that airstrikes against ISIS have the side effect of bolstering Syrian president Bashar al-Assad in the country’s civil war, even though the U.S. position is still that Assad “must go.” “The future of Syria is a horrible thing to contemplate,” said Koh.
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THE 9/11 READER. The September 11, 2001 Terror Attacks | Global Research - 0 views

  • GLOBAL RESEARCH ONLINE INTERACTIVE READER SERIES GR I-BOOK No.  7  THE 9/11 READER The September 11, 2001 Terror Attacks 9/11 Truth: Revealing the Lies,  Commemorating the 9/11 Tragedy
  • August 2012 The 911/ Reader is part of Global Research’s Online Interactive I-Book Reader, which brings together, in the form of chapters, a collection of Global Research feature articles, including debate and analysis, on a broad theme or subject matter.  To consult our Online Interactive I-Book Reader Series, click here.
  • Table of Contents of the 9/11 Reader In Part I, the 911 Reader provides a review of what happened on the morning of 9/11, at the White House, on Capitol Hill, the Pentagon, at Strategic Command Headquarters (USSTRATCOM), What was the response of the US Air Force in the immediate wake of the attacks?  Part II focusses on “What Happened on the Planes” as described in the 9/11 Commission Report. Part III sheds light on what caused the collapse of the World Trade Center buildings. It also challenges the official narrative with regard to the attack on the Pentagon. Part IV reviews and refutes the findings of the 9/11 Commission Report. Part V focusses on the issue of foreknowledge by Western intelligence agencies. Part VI examines the issue of how foreknowledge of the attacks was used as an instrument of insider trading on airline stocks in the days preceding September 11, 2001. The bonanza financial gains resulting from insurance claims to the leaseholders of the WTC buildings is also examined.
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  • Part VII focusses on the history and central role of Al Qaeda as a US intelligence asset. Since the Soviet-Afghan war, US intelligence has supported the formation of various jihadist organizations. An understanding of this history is crucial in refuting the official 9/11 narrative which claims that Al Qaeda, was behind the attacks. Part VIII centers on the life and death of 9/11 “Terror Mastermind” Osama bin Laden, who was recruited by the CIA in the heyday of the Soviet Afghan war. This section also includes an analysis of the mysterious death of Osama bin Laden, allegedly executed by US Navy Seals in a suburb of Islamabad in May 2011. Part  IX  focusses on “False Flags” and the Pentagon’s “Second 9/11″. Part X examines the issue of “Deep Events” with contributions by renowned scholars Peter Dale Scott and Daniele Ganser. Part XI  examines the structure of 9/11 propaganda which consists in “creating” as well “perpetuating” a  “9/11 Legend”. How is this achieved? Incessantly, on a daily basis, Al Qaeda, the alleged 9/11 Mastermind is referred to by the Western media, government officials, members of the US Congress, Wall Street analysts, etc. as an underlying cause of numerous World events. Part XII focusses on the practice of 9/11 Justice directed against the alleged culprits of the 9/11 attacks. The legitimacy of 9/11 propaganda requires fabricating “convincing evidence” and “proof” that those who are accused actually carried out the attacks. Sentencing of Muslims detained in Guantanamo is part of war propaganda. It depicts innocent men who are accused of the 9/11 attacks, based on confessions acquired through systematic torture throughout their detention. Part  XIII focusses on 9/11 Truth.  The objective of 9/11 Truth is to ultimately dismantle the propaganda apparatus which is manipulating the human mindset. The 9/11 Reader concludes with a retrospective view of 9/11 ten years later.
  • PART  I Timeline: What Happened on the Morning of September 11, 2001 Nothing Urgent: The Curious Lack of Military Action on the Morning of September. 11, 2001 - by George Szamuely – 2012-08-12 Political Deception: The Missing Link behind 9-11 - by Michel Chossudovsky – 2002-06-20 On the morning of September 11, Pakistan’s Chief Spy General Mahmoud Ahmad, the alleged “money-man” behind the 9-11 hijackers, was at a breakfast meeting on Capitol Hill hosted by Senator Bob Graham and Rep. Porter Goss, the chairmen of the Senate and House Intelligence committees. 9/11 Contradictions: Bush in the Classroom - by Dr. David Ray Griffin – 2008-04-04 9/11 Contradictions: When Did Cheney Enter the Underground Bunker? - by David Ray Griffin – 2008-04-24 VIDEO: Pilots For 9/11 Truth: Intercepted Don’t miss this important documentary, now on GRTV - 2012-05-16
  • PART II What Happened on the Planes “United 93″: What Happened on the Planes? - by Michel Chossudovsky – 2006-05-01   Phone Calls from the 9/11 Airliners Response to Questions Evoked by My Fifth Estate Interview - by Prof David Ray Griffin – 2010-01-12 Given the cell phone technology available in 2001, cell phone calls from airliners at altitudes of more than a few thousand feet, were virtually impossible Ted Olson’s Report of Phone Calls from Barbara Olson on 9/11: Three Official Denials - by David Ray Griffin – 2008-04-01 Ted Olson’s report was very important. It provided apparent “evidence” that American 77 had struck the Pentagon.
  • PART III What Caused the Collapse of The WTC Buildings and the Pentagon? The Destruction of the World Trade Center: Why the Official Account Cannot Be True - by Dr. David Ray Griffin – 2006-01-29 The official theory about the Twin Towers says that they collapsed because of the combined effect of the impact of the airplanes and the resulting fires Evidence Refutes the Official 9/11 Investigation: The Scientific Forensic Facts - by Richard Gage, Gregg Roberts – 2010-10-13 VIDEO: Controlled Demolitions Caused the Collapse of the World Trade Center (WTC) buildings on September 11, 2001 - by Richard Gage – 2009-09-20 VIDEO: 9/11: The Myth and The Reality Now on GRTV - by Prof. David Ray Griffin – 2011-08-30 Undisputed Facts Point to the Controlled Demolition of WTC 7 - by Richard Gage – 2008-03-28 VIDEO: 9/11 Explosive Evidence: Experts Speak Out See the trailer for this ground-breaking film on GRTV - 2011-08-03 9/11: “Honest Mistake” or BBC Foreknowledge of Collapse of WTC 7? Jane Standley Breaks Her Silence - by James Higham – 2011-08-18 The Collapse of WTC Building Seven. Interview. Comment by Elizabeth Woodworth - by David Ray Griffin – 2009-10-17   Building What? How SCADs Can Be Hidden in Plain Sight: The 9/11 “Official Story” and the Collapse of WTC Building Seven - by Prof David Ray Griffin – 2010-05-30 Besides omitting and otherwise falsifying evidence, NIST also committed the type of scientific fraud called fabrication, which means simply “making up results.” VIDEO; Firefighters’ Analysis of the 9/11 Attacks Refutes the Official Report - by Erik Lawyer – 2012-08-27 VIDEO: Pentagon Admits More 9/11 Remains Dumped in Landfill - by James Corbett – 2012-03-01 The Pentagon revealed that some of the unidentifiable remains from victims at the Pentagon and Shanksville sites on September 11, 2001 were disposed of in a landfill. 9/11: The Attack on the Pentagon on September 11, 2001 The Official Version Amounts to an Enormous Lie - by Thierry Meyssan – 2012-08-16
  • PART IV Lies and Fabrications: The 9/11 Commission Report A National Disgrace: A Review of the 9/11 Commission Report - by David Ray Griffin – 2005-03-24 The 9/11 Commission Report: A 571 Page Lie - by Dr. David Ray Griffin – 2005-09-08 September 11, 2001: 21 Reasons to Question the Official Story about 9/11 - by David Ray Griffin – 2008-09-11 911 “Conspiracy Theorists” Vindicated: Pentagon deliberately misled Public Opinion Military officials made false statements to Congress and to the 911 Commission - by Michel Chossudovsky – 2006-08-02 The 9/11 Commission’s Incredible Tales Flights 11, 175, 77, and 93 - by Prof. David Ray Griffin – 2005-12-13 9/11 and the War on Terror: Polls Show What People Think 10 Years Later - by Washington’s Blog – 2011-09-10
  • PART  V Foreknowledge of 9/11   VIDEO: The SECRET SERVICE ON 9/11: What did the Government Know? Learn more on this week’s GRTV Feature Interview - by Kevin Ryan, James Corbett – 2012-04-10 9/11 Foreknowledge and “Intelligence Failures”: “Revealing the Lies” on 9/11 Perpetuates the “Big Lie” - by Prof. Michel Chossudovsky – 2011-09-14 “Foreknowledge” and “Failure to act” upholds the notion that the terrorist attacks (“act of war”) “waged by Muslims against America” are real, when all the facts and findings point towards coverup and complicity at the highest levels of the US government. Foreknowledge of 9/11 by Western Intelligence Agencies - by Michael C. Ruppert – 2012-08-21
  • PART XII Post 9/11 “Justice” IRAN ACCUSED OF BEING BEHIND 9/11 ATTACKS. U.S. Court Judgment, December 2011 (Havlish v. Iran) - by Julie Lévesque – 2012-05-11 U.S. Court Judgment, December 2011 (Havlish v. Iran) “American Justice”: The Targeted Assassination of Osama Bin Laden Extrajudicial executions are unlawful - by Prof. Marjorie Cohn – 2011-05-10 ALLEGED “MASTERMIND” OF 9/11 ON TRIAL IN GUANTANAMO: Military Tribunals proceed Despite Evidence of Torture - by Tom Carter – 2012-05-30 U.S. Military Drugged Detainees to Obtain FALSE Confessions Self-confessed 9/11 “mastermind” falsely confessed to crimes he didn’t commit - by Washington’s Blog – 2012-07-15 911 MILITARY TRIAL: Pentagon Clears Way for Military Trial of Five charged in 9/11 Attacks - by Bill Van Auken – 2012-04-06 Khalid Sheikh Mohammed’s trial will convict us all - by Paul Craig Roberts – 2009-11-25
  • PART VII 9/11 and the “Global War on Terrorism” (GWOT) Political Deception: The Missing Link behind 9-11 - by Michel Chossudovsky – 2002-06-20 On the morning of September 11, Pakistan’s Chief Spy General Mahmoud Ahmad, the alleged “money-man” behind the 9-11 hijackers, was at a breakfast meeting on Capitol Hill hosted by Senator Bob Graham and Rep. Porter Goss, the chairmen of the Senate and House Intelligence committees. 9/11 ANALYSIS: From Ronald Reagan and the Soviet-Afghan War to George W Bush and September 11, 2001 - by Michel Chossudovsky – 2010-09-09 Osama bin Laden was recruited by the CIA in 1979. The US spent millions of dollars to supply Afghan schoolchildren with textbooks filled with violent images and militant Islamic teachings.     The Central Role of Al Qaeda in Bush’s National Security Doctrine “Revealing the Lies” on 9/11 Perpetuates the “Big Lie” - by Michel Chossudovsky – 2007-07-12 September 11, 2001: America and NATO Declare War on Afghanistan NATO’s Doctrine of Collective Security - by Michel Chossudovsky – 2009-12-21   America’s Holy Crusade against the Muslim World. - by Michel Chossudovsky – 2010-08-30 What is now unfolding is a generalized process of demonization of an entire population group
  • Osamagate - by Michel Chossudovsky – 2001-10-09 The main justification for waging this war has been totally fabricated. The American people have been deliberately and consciously misled by their government into supporting a major military adventure which affects our collective future. The “Demonization” of Muslims and the Battle for Oil - by Michel Chossudovsky – 2007-01-04 Muslim countries possess three quarters of the World’s oil reserves. In contrast, the United States of America has barely 2 percent of total oil reserves.   Was America Attacked by Muslims on 9/11? - by David Ray Griffin – 2008-09-10 Much of US foreign policy since 9/11 has been based on the assumption that America was attacked by Muslims on 9/11.   New Documents Detail America’s Strategic Response to 9/11 Rumsfeld’s War Aim: “Significantly Change the World’s Political Map” - by National Security Archive – 2011-09-12
  • PART VIII The Alleged 9/11 Mastermind: The Life and Death of  Osama bin Laden Who Is Osama Bin Laden? - by Michel Chossudovsky – 2001-09-12   VIDEO: The Last Word on Osama Bin Laden - by James Corbett – 2011-05-24 Osama bin Laden: A Creation of the CIA - by Michel Chossudovsky – 2011-05-03 Interview with Osama bin Laden. Denies his Involvement in 9/11 Full text of Pakistani paper’s Sept 01 “exclusive” interview - 2011-05-09 Where was Osama on September 11, 2001? - by Michel Chossudovsky – 2008-09-11 On September 10. 2001, Osama was in a Pakistan military hospital in Rawalpindi, courtesy of America’s indefectible ally Pakistan Osama bin Laden, among the FBI’s “Ten Most Wanted Fugitives”: Why was he never indicted for his alleged role in 9/11? - by Michel Chossudovsky – 2006-09-17 Osama bin Laden: Already Dead… Evidence that Bin Laden has been Dead for Several Years - by Prof. David Ray Griffin – 2011-05-02 The Mysterious Death of Osama bin Laden: Creating Evidence Where There Is None - by Dr. Paul Craig Roberts – 2011-08-04 The Assassination of Osama bin Laden: Glaring Anomalies in the Official Narrative Osama was Left Handed… - by Felicity Arbuthnot – 2011-05-11 The Assassination of Osama Bin Laden - by Fidel Castro Ruz – 2011-05-07 Dancing on the Grave of 9/11. Osama and “The Big Lie” - by Larry Chin – 2011-05-05
  • PART  IX  ”False Flags”: The Pentagon’s Second 9/11 The Pentagon’s “Second 911″ “Another [9/11] attack could create both a justification and an opportunity to retaliate against some known targets” - by Michel Chossudovsky – 2006-08-10 The presumption of this military document, is that a Second 911 attack “which is lacking today” would usefully create both a “justification and an opportunity” to wage war on “some known targets Crying Wolf: Terror Alerts based on Fabricated Intelligence - by Michel Chossudovsky – 2006-08-20 This is not the first time that brash and unsubstantiated statements have been made regarding an impending terror attack, which have proven to be based on “faulty intelligence”.
  • PART X “Deep Events” and State Violence The Doomsday Project and Deep Events: JFK, Watergate, Iran-Contra, and 9/11 - by Prof. Peter Dale Scott – 2011-11-22 The Doomsday Project is the Pentagon’s name for the emergency planning “to keep the White House and Pentagon running during and after a nuclear war or some other major crisis.” JFK and 9/11 Insights Gained from Studying Both - by Dr. Peter Dale Scott – 2006-12-20 In both 9/11 and the JFK assassination, the US government and the media immediately established a guilty party. Eventually, in both cases a commission was set up to validate the official narrative. Able Danger adds twist to 9/11 9/11 Ringleader connected to secret Pentagon operation - by Dr. Daniele Ganser – 2005-08-27 Atta was connected to a secret operation of the Pentagon’s Special Operations Command (SOCOM) in the US. A top secret Pentagon project code-named Able Danger identified Atta and 3 other 9/11 hijackers as members of an al-Qaida cell more than a year before the attacks. 9/11, Deep State Violence and the Hope of Internet Politics - by Prof. Peter Dale Scott – 2008-06-11 The unthinkable – that elements inside the state would conspire with criminals to kill innocent civilians – has become thinkable… Al Qaeda: The Database. - by Pierre-Henri Bunel – 2011-05-12
  • PART XI Propaganda: Creating and Perpetuating the 9/11 Legend September 11, 2001: The Propaganda Preparation for 9/11: Creating the Osama bin Laden “Legend” - by Chaim Kupferberg – 2011-09-11 THE 9/11 MYTH: State Propaganda, Historical Revisionism, and the Perpetuation of the 9/11 Myth - by Prof. James F. Tracy – 2012-05-06   Al Qaeda and Human Consciousness: Al Qaeda, Al Qaeda…. An Incessant and Repetitive Public Discourse - by Prof. Michel Chossudovsky – 2012-03-24 9/11 Truth, Inner Consciousness and the “Public Mind” - by James F. Tracy – 2012-03-18
  • PART VI Insider Trading and the 9/11 Financial Bonanza 9/11 Attacks: Criminal Foreknowledge and Insider Trading lead directly to the CIA’s Highest Ranks CIA Executive Director “Buzzy” Krongard managed Firm that handled “Put” Options on UAL - by Michael C. Ruppert – 2012-08-13 The 9/11 Attacks on the World Trade Center (WTC): Unspoken Financial Bonanza - by Prof Michel Chossudovsky – 2012-04-27 SEPTEMBER 11, 2001: Insider Trading 9/11 … the Facts Laid Bare - by Lars Schall – 2012-03-20 Osama Bin Laden and The 911 Illusion: The 9/11 Short-Selling Financial Scam - by Dean Henderson – 2011-05-09
  • PART XIII 9/11 Truth Revealing the Lies,  Commemorating the 9/11 Tragedy VIDEO: Commemorating the 10th Anniversary of 9/11 - by Prof. Michel Chossudovsky – 2011-09-01 VIDEO: AFTER 9/11: TEN YEARS OF WAR Special GRTV Feature Production - by James Corbett – 2011-09-08
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    Wow!
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Western Spy Agencies Secretly Rely on Hackers for Intel and Expertise - The Intercept - 0 views

  • The U.S., U.K. and Canadian governments characterize hackers as a criminal menace, warn of the threats they allegedly pose to critical infrastructure, and aggressively prosecute them, but they are also secretly exploiting their information and expertise, according to top secret documents. In some cases, the surveillance agencies are obtaining the content of emails by monitoring hackers as they breach email accounts, often without notifying the hacking victims of these breaches. “Hackers are stealing the emails of some of our targets… by collecting the hackers’ ‘take,’ we . . .  get access to the emails themselves,” reads one top secret 2010 National Security Agency document. These and other revelations about the intelligence agencies’ reliance on hackers are contained in documents provided by whistleblower Edward Snowden. The documents—which come from the U.K. Government Communications Headquarters agency and NSA—shed new light on the various means used by intelligence agencies to exploit hackers’ successes and learn from their skills, while also raising questions about whether governments have overstated the threat posed by some hackers.
  • By looking out for hacking conducted “both by state-sponsored and freelance hackers” and riding on the coattails of hackers, Western intelligence agencies have gathered what they regard as valuable content: Recently, Communications Security Establishment Canada (CSEC) and Menwith Hill Station (MHS) discovered and began exploiting a target-rich data set being stolen by hackers. The hackers’ sophisticated email-stealing intrusion set is known as INTOLERANT. Of the traffic observed, nearly half contains category hits because the attackers are targeting email accounts of interest to the Intelligence Community. Although a relatively new data source, [Target Offices of Primary Interest] have already written multiple reports based on INTOLERANT collect. The hackers targeted a wide range of diplomatic corps, human rights and democracy activists and even journalists: INTOLERANT traffic is very organized. Each event is labeled to identify and categorize victims. Cyber attacks commonly apply descriptors to each victim – it helps herd victims and track which attacks succeed and which fail. Victim categories make INTOLERANT interesting: A = Indian Diplomatic & Indian Navy B = Central Asian diplomatic C = Chinese Human Rights Defenders D = Tibetan Pro-Democracy Personalities E = Uighur Activists F = European Special Rep to Afghanistan and Indian photo-journalism G = Tibetan Government in Exile
  • In those cases, the NSA and its partner agencies in the United Kingdom and Canada were unable to determine the identity of the hackers who collected the data, but suspect a state sponsor “based on the level of sophistication and the victim set.” In instances where hacking may compromise data from the U.S. and U.K. governments, or their allies, notification was given to the “relevant parties.” In a separate document, GCHQ officials discuss plans to use open source discussions among hackers to improve their own knowledge. “Analysts are potentially missing out on valuable open source information relating to cyber defence because of an inability to easily keep up to date with specific blogs and Twitter sources,” according to one document. GCHQ created a program called LOVELY HORSE to monitor and index public discussion by hackers on Twitter and other social media. The Twitter accounts designated for collection in the 2012 document:
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  • Documents published with this article: LOVELY HORSE – GCHQ Wiki Overview INTOLERANT – Who Else Is Targeting Your Target? Collecting Data Stolen by Hackers – SIDtoday  HAPPY TRIGGER/LOVELY HORSE/Zool/TWO FACE – Open Source for Cyber Defence/Progress NATO Civilian Intelligence Council – Cyber Panel – US Talking Points
  • These accounts represent a cross section of the hacker community and security scene. In addition to monitoring multiple accounts affiliated with Anonymous, GCHQ monitored the tweets of Kevin Mitnick, who was sent to prison in 1999 for various computer and fraud related offenses. The U.S. Government once characterized Mitnick as one of the world’s most villainous hackers, but he has since turned security consultant and exploit broker. Among others, GCHQ monitored the tweets of reverse-engineer and Google employee, Thomas Dullien. Fellow Googler Tavis Ormandy, from Google’s vulnerability research team Project Zero, is featured on the list, along with other well known offensive security researchers, including Metasploit’s HD Moore and James Lee (aka Egypt) together with Dino Dai Zovi and Alexander Sotirov, who at the time both worked for New York-based offensive security company, Trail of Bits (Dai Zovi has since taken up a position at payment company, Square). The list also includes notable anti-forensics and operational security expert “The Grugq.” GCHQ monitored the tweets of former NSA agents Dave Aitel and Charlie Miller, and former Air Force intelligence officer Richard Bejtlich as well as French exploit vendor, VUPEN (who sold a one year subscription for its binary analysis and exploits service to the NSA in 2012).
  • The U.S., U.K. and Canadian governments characterize hackers as a criminal menace, warn of the threats they allegedly pose to critical infrastructure, and aggressively prosecute them, but they are also secretly exploiting their information and expertise, according to top secret documents. In some cases, the surveillance agencies are obtaining the content of emails by monitoring hackers as they breach email accounts, often without notifying the hacking victims of these breaches. “Hackers are stealing the emails of some of our targets… by collecting the hackers’ ‘take,’ we . . .  get access to the emails themselves,” reads one top secret 2010 National Security Agency document. These and other revelations about the intelligence agencies’ reliance on hackers are contained in documents provided by whistleblower Edward Snowden. The documents—which come from the U.K. Government Communications Headquarters agency and NSA—shed new light on the various means used by intelligence agencies to exploit hackers’ successes and learn from their skills, while also raising questions about whether governments have overstated the threat posed by some hackers.
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'A Line in the Sand' in Fight to Release Thousands of Photos of Prisoner Abuse - The In... - 0 views

  • A federal judge is demanding that the government explain, photo-by-photo, why it can’t release hundreds, and perhaps thousands, of pictures showing detainee abuse by U.S. forces at military prison sites in Iraq and Afghanistan. In a courtroom in the Southern District of New York yesterday, Judge Alvin Hellerstein appeared skeptical of the government’s argument, which asserted that the threat of the Islamic State and Al Qaeda exploiting the images for propaganda should override the public’s right to see any of the photos. He was “highly suspicious” of the government’s attempt to declare the whole lot of the photos dangerous. “It’s too easy and too meaningless,” he said. Since 2004, the American Civil Liberties Union has been fighting for the release of photos from military investigations into prisoner abuse beyond those that were leaked from Abu Ghraib. The additional pictures reportedly show sexual assault, soldiers posing with dead bodies, and other offenses. The exact number of photos has not been disclosed in court, though former Senator Joe Lieberman has previously said that there are nearly 2,100.
  • Hellerstein first ordered the government to hand over a subset of the pictures in 2005. President Obama decided to release them in 2009, but Iraqi Prime Minister Nouri al-Maliki and the top American general in Iraq implored him not to. Congress then passed a law amending the Freedom of Information Act to allow the Secretary of Defense to certify that publishing the pictures could put American lives at risk, which then-secretary Robert Gates did. The ACLU continued to fight the issue in court, and last August, Hellerstein ordered that the government needed to justify withholding each picture individually.
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When Snowden Speaks, Future Lawyers (and Judges) Listen - Slashdot - 0 views

  • We are witness to a historic first: an individual charged with espionage and actively sought by the United States government has been (virtually) invited to speak at Harvard Law School, with applause. [Note: all of the following links go to different parts of a long YouTube video.] HLS Professor Lawrence Lessig conducted the hour-long interview last Monday with a list of questions by himself and his students. Some interesting segments from the interview include: Snowden's assertion that mass domestic intercept is an "unreasonable seizure" under the 4th Amendment; that it also violates "natural rights" that cannot be voted away even by the majority; a claim that broad surveillance detracts from the ability to monitor specific targets such as the Boston Marathon bombers; him calling out Congress for not holding Clapper accountable for misstatements; and his lament that contractors are exempt from whistleblower protection though they do swear an oath to defend the Constitution from enemies both foreign and domestic.
  • These points have been brought up before. But what may be most interesting to these students is Snowden's suggestion that a defendant under the Espionage Act should be permitted to present an argument before a jury that the act was committed "in the public interest." Could this help ensure a fair trial for whistleblowers whose testimony reveals Constitutional violation?
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Blackwater Founder Remains Free and Rich While His Former Employees Go Down on Murder C... - 0 views

  • The incident for which the men were tried was the single largest known massacre of Iraqi civilians at the hands of private U.S. security contractors. Known as “Baghdad’s bloody Sunday,” operatives from Blackwater gunned down 17 Iraqi civilians at a crowded intersection at Nisour Square on September 16, 2007. The company, founded by secretive right-wing Christian supremacist Erik Prince, pictured above, had deep ties to the Bush Administration and served as a sort of neoconservative Praetorian Guard for a borderless war launched in the immediate aftermath of 9/11. While Barack Obama pledged to reign in mercenary forces when he was a senator, once he became president he continued to employ a massive shadow army of private contractors. Blackwater — despite numerous scandals, congressional investigations, FBI probes and documented killings of civilians in both Iraq and Afghanistan — remained a central part of the Obama administration’s global war machine throughout his first term in office.
  • Just as with the systematic torture at Abu Ghraib, it is only the low level foot-soldiers of Blackwater that are being held accountable. Prince and other top Blackwater executives continue to reap profits from the mercenary and private intelligence industries. Prince now has a new company, Frontier Services Group, which he founded with substantial investment from Chinese enterprises and which focuses on opportunities in Africa. Prince recently suggested that his forces at Blackwater could have confronted Ebola and ISIS. “If the administration cannot rally the political nerve or funding to send adequate active duty ground forces to answer the call, let the private sector finish the job,” he wrote. None of the U.S. officials from the Bush and Obama administrations who unleashed Blackwater and other mercenary forces across the globe are being forced to answer for their role in creating the conditions for the Nisour Square shootings and other deadly incidents involving private contractors. Just as the main architect of the CIA interrogation program, Jose Rodriguez, is on a book tour for his propagandistic love letter to torture, Hard Measures: How Aggressive CIA Actions After 9/11 Saved American Lives, so too is Erik Prince pushing his own revisionist memoir, Civilian Warriors: The Inside Story of Blackwater and the Unsung Heroes of the War on Terror.
  • While the Blackwater verdict is an important and rare moment of accountability in an overwhelmingly unaccountable private war industry, it does not erase the fact that those in power—the CEOs, the senior officials, the war profiteers—walk freely and will likely do so for the rest of their lives.
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  • Filmmaker Richard Rowley and I produced a 30 minute documentary on the Nisour Square massacre and the story of Ali Kinani for Democracy Now! and The Nation magazine:
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Why John Oliver Can't Find Americans Who Know Edward Snowden's Name (It's Not About Sno... - 0 views

  • On his HBO program last night, John Oliver devoted 30 minutes to a discussion of U.S. surveillance programs, advocating a much more substantive debate as the June 1 deadline for renewing the Patriot Act approaches (the full segment can be seen here). As part of that segment, Oliver broadcast an interview he conducted with Edward Snowden in Moscow, and to illustrate the point that an insufficient surveillance debate has been conducted, showed video of numerous people in Times Square saying they had no idea who Snowden is (or giving inaccurate answers about him). Oliver assured Snowden off-camera that they did not cherry-pick those “on the street” interviews but showed a representative sample
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    The John Oliver interview with Edward Snowden is a must-watch. Oliver found a way to make the issue matter to many more Americans and exposed many of them to it. 
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Cynics, Step Aside: There is Genuine Excitement Over a Hillary Clinton Candidacy - The ... - 0 views

  • It’s easy to strike a pose of cynicism when contemplating Hillary Clinton’s inevitable (and terribly imminent) presidential campaign. As a drearily soulless, principle-free, power-hungry veteran of DC’s game of thrones, she’s about as banal of an American politician as it gets. One of the few unique aspects to her, perhaps the only one, is how the genuinely inspiring gender milestone of her election will (following the Obama model) be exploited to obscure her primary role as guardian of the status quo. That she’s the beneficiary of dynastic succession – who may very well be pitted against the next heir in line from the regal Bush dynasty (this one, not yet this one) - makes it all the more tempting to regard #HillaryTime with an evenly distributed mix of boredom and contempt. The tens of millions of dollars the Clintons have jointly “earned” off their political celebrity - much of it speaking to the very globalists, industry groups, hedge funds, and other Wall Street appendages who would have among the largest stake in her presidency - make the spectacle that much more depressing (the likely candidate is pictured above with Goldman Sachs CEO Lloyd Blankfein at an event in September).
  • But one shouldn’t be so jaded. There is genuine and intense excitement over the prospect of (another) Clinton presidency. Many significant American factions regard her elevation to the Oval Office as an opportunity for rejuvenation, as a stirring symbol of hope and change, as the vehicle for vital policy advances. Those increasingly inspired factions include: Wall Street Politico Magazine, November 11, 2014 (“Why Wall Street Loves Hillary”):
  • The Israel Lobby Foreign Policy, Aaron David Miller, November 7, 2014 (“Would Hillary Be Good For the Holy Land?”):
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  • Interventionists (i.e., war zealots) New York Times, June 15, 2014 (“Events in Iraq Open Door for Interventionist Revival, Historian Says”):
  • Old school neocons New York Times, Jacob Heilbrunn, July 5, 2014 (“The Next Act for Neocons: … Getting Ready to Ally With Hillary Clinton”?):
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    Glenn Greenwald serves some satire about Hillary Clinton's 2016 candidacy.
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Growing segments of US public alienated from Israel, survey shows | The Electronic Inti... - 0 views

  • But if this is an indication that Clinton will pursue the usual hardline policies calculated to pander to Israel’s most extreme supporters, it is also a sign that she, like other mainstream US politicians, is moving away from large segments of the US public, particularly the base of her own Democratic Party. This is illustrated in a poll from Bloomberg Politics, published Wednesday. Here are the key highlights: Israel has become a deeply partisan issue for ordinary Americans as well as for politicians in Washington, a shift that may represent a watershed moment in foreign policy and carry implications for domestic politics after decades of general bipartisan consensus. Republicans by a ratio of more than 2-to-1 say the US should support Israel even when its stances diverge with American interests, a new Bloomberg Politics poll finds. Democrats, by roughly the same ratio, say the opposite is true and that the US must pursue its own interests over Israel’s.
  • Further illustrating how sharply partisan the debate has become, Republicans say they feel more sympathetic to Israeli Prime Minister Benjamin Netanyahu than to their own president, 67 percent to 16 percent, while Democrats are more sympathetic to President Barack Obama than to Israel’s prime minister, 76 percent to 9 percent. The survey also highlights how differently the nuclear negotiations with Iran are seen between Republicans and Democrats. Democrats, by a nearly 3-to-1 ratio, said they were more optimistic than pessimistic that a tentative deal with Iran announced this month will contain Iran’s ability to get nuclear weapons and thus make the world safer.
  • By a 2-to-1 margin, Republicans were more pessimistic than optimistic about the impacts of a deal. Majorities of Americans in both parties say any deal Obama makes with Iran should be subject to congressional approval, and that Iran is an unreliable negotiating partner because it is a religious theocracy.
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  • The poll also shows, as Glenn Greenwald puts it at The Intercept, that “religious fanaticism is a huge factor in Americans’ support for Israel.” Bloomberg Politics finds that “Born-again Christians are more likely than overall poll respondents, 58 percent to 35 percent, to back Israel regardless of US interests. Americans with no religious affiliation were the least likely to feel this way, at 26 percent.” “The US media loves to mock adversary nations, especially Muslim ones, for being driven by religious extremism, but that is undeniably a major factor, arguably the most significant one, in explaining fervent support for Israel among the American populace,” Greenwald observes.
  • The poll also confirms that Israel is increasingly becoming a niche issue of the right: “62 percent of self-identified conservatives say supporting Israel is key, while that drops to 35 percent among moderates,” the poll states.
  • This is all in line with broader trends in recent years: an increasingly multicultural and younger America is moving to the left, while an older, whiter, more Christian America that is in demographic decline has been moving to the right. What’s striking is that Hillary Clinton’s campaign launch video – featuring multiracial families, single moms and a gay couple about to get married – was calculated to appeal to the America that is increasingly alienated from Israel and the conservatives who love it. The America Hillary Clinton is trying to woo is moving away from Israel. Will the presidential hopeful and the Democratic Party leadership follow? I wouldn’t bet on it any time soon, but the trends are hard to ignore.
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Israel Spied on Iran Nuclear Talks With U.S. - WSJ - 0 views

  • Soon after the U.S. and other major powers entered negotiations last year to curtail Iran’s nuclear program, senior White House officials learned Israel was spying on the closed-door talks. The spying operation was part of a broader campaign by Israeli Prime Minister Benjamin Netanyahu’s government to penetrate the negotiations and then help build a case against the emerging terms of the deal, current and former U.S. officials said. In addition to eavesdropping, Israel acquired information from confidential U.S. briefings, informants and diplomatic contacts in Europe, the officials said.
  • The espionage didn’t upset the White House as much as Israel’s sharing of inside information with U.S. lawmakers and others to drain support from a high-stakes deal intended to limit Iran’s nuclear program, current and former officials said. “It is one thing for the U.S. and Israel to spy on each other. It is another thing for Israel to steal U.S. secrets and play them back to U.S. legislators to undermine U.S. diplomacy,” said a senior U.S. official briefed on the matter.
  • The U.S. and Israel, longtime allies who routinely swap information on security threats, sometimes operate behind the scenes like spy-versus-spy rivals. The White House has largely tolerated Israeli snooping on U.S. policy makers—a posture Israel takes when the tables are turned. The White House discovered the operation, in fact, when U.S. intelligence agencies spying on Israel intercepted communications among Israeli officials that carried details the U.S. believed could have come only from access to the confidential talks, officials briefed on the matter said. Israeli officials denied spying directly on U.S. negotiators and said they received their information through other means, including close surveillance of Iranian leaders receiving the latest U.S. and European offers. European officials, particularly the French, also have been more transparent with Israel about the closed-door discussions than the Americans, Israeli and U.S. officials said.
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  • Mr. Netanyahu and Israeli Ambassador Ron Dermer early this year saw a rapidly closing window to increase pressure on Mr. Obama before a key deadline at the end of March, Israeli officials said. Using levers of political influence unique to Israel, Messrs. Netanyahu and Dermer calculated that a lobbying campaign in Congress before an announcement was made would improve the chances of killing or reshaping any deal. They knew the intervention would damage relations with the White House, Israeli officials said, but decided that was an acceptable cost. The campaign may not have worked as well as hoped, Israeli officials now say, because it ended up alienating many congressional Democrats whose support Israel was counting on to block a deal. Obama administration officials, departing from their usual description of the unbreakable bond between the U.S. and Israel, have voiced sharp criticism of Messrs. Netanyahu and Dermer to describe how the relationship has changed.
  • “People feel personally sold out,” a senior administration official said. “That’s where the Israelis really better be careful because a lot of these people will not only be around for this administration but possibly the next one as well.” This account of the Israeli campaign is based on interviews with more than a dozen current and former U.S. and Israeli diplomats, intelligence officials, policy makers and lawmakers. Weakened ties Distrust between Mr. Netanyahu and Mr. Obama had been growing for years but worsened when Mr. Obama launched secret talks with Iran in 2012. The president didn’t tell Mr. Netanyahu because of concerns about leaks, helping set the stage for the current standoff, according to current and former U.S. and Israeli officials. U.S. officials said Israel has long topped the list of countries that aggressively spy on the U.S., along with China, Russia and France. The U.S. expends more counterintelligence resources fending off Israeli spy operations than any other close ally, U.S. officials said.
  • A senior official in the prime minister’s office said Monday: “These allegations are utterly false. The state of Israel does not conduct espionage against the United States or Israel’s other allies. The false allegations are clearly intended to undermine the strong ties between the United States and Israel and the security and intelligence relationship we share.” Current and former Israeli officials said their intelligence agencies scaled back their targeting of U.S. officials after the jailing nearly 30 years ago of American Jonathan Pollard for passing secrets to Israel. While U.S. officials may not be direct targets, current and former officials said, Israeli intelligence agencies sweep up communications between U.S. officials and parties targeted by the Israelis, including Iran. Americans shouldn’t be surprised, said a person familiar with the Israeli practice, since U.S. intelligence agencies helped the Israelis build a system to listen in on high-level Iranian communications.
  • As secret talks with Iran progressed into 2013, U.S. intelligence agencies monitored Israel’s communications to see if the country knew of the negotiations. Mr. Obama didn’t tell Mr. Netanyahu until September 2013. Israeli officials, who said they had already learned about the talks through their own channels, told their U.S. counterparts they were upset about being excluded. “ ‘Did the administration really believe we wouldn’t find out?’ ” Israeli officials said, according to a former U.S. official.
  • The episode cemented Mr. Netanyahu’s concern that Mr. Obama was bent on clinching a deal with Iran whether or not it served Israel’s best interests, Israeli officials said. Obama administration officials said the president was committed to preventing Iran from developing nuclear weapons. Mr. Dermer started lobbying U.S. lawmakers just before the U.S. and other powers signed an interim agreement with Iran in November 2013. Mr. Netanyahu and Mr. Dermer went to Congress after seeing they had little influence on the White House. Before the interim deal was made public, Mr. Dermer gave lawmakers Israel’s analysis: The U.S. offer would dramatically undermine economic sanctions on Iran, according to congressional officials who took part. After learning about the briefings, the White House dispatched senior officials to counter Mr. Dermer. The officials told lawmakers that Israel’s analysis exaggerated the sanctions relief by as much as 10 times, meeting participants said.
  • When the next round of negotiations with Iran started in Switzerland last year, U.S. counterintelligence agents told members of the U.S. negotiating team that Israel would likely try to penetrate their communications, a senior Obama administration official said. The U.S. routinely shares information with its European counterparts and others to coordinate negotiating positions. While U.S. intelligence officials believe secured U.S. communications are relatively safe from the Israelis, they say European communications are vulnerable. Mr. Netanyahu and his top advisers received confidential updates on the Geneva talks from Undersecretary of State for Political Affairs Wendy Sherman and other U.S. officials, who knew at the time that Israeli intelligence was working to fill in any gaps. The White House eventually curtailed the briefings, U.S. officials said, withholding sensitive information for fear of leaks. Current and former Israeli officials said their intelligence agencies can get much of the information they seek by targeting Iranians and others in the region who are communicating with countries in the talks. In November, the Israelis learned the contents of a proposed deal offered by the U.S. but ultimately rejected by Iran, U.S. and Israeli officials said. Israeli officials told their U.S. counterparts the terms offered insufficient protections.
  • U.S. officials urged the Israelis to give the negotiations a chance. But Mr. Netanyahu’s top advisers concluded the emerging deal was unacceptable. The White House was making too many concessions, Israeli officials said, while the Iranians were holding firm. Obama administration officials reject that view, saying Israel was making impossible demands that Iran would never accept. “The president has made clear time and again that no deal is better than a bad deal,” a senior administration official said. In January, Mr. Netanyahu told the White House his government intended to oppose the Iran deal but didn’t explain how, U.S. and Israeli officials said. On Jan. 21, House Speaker John Boehner (R., Ohio) announced Mr. Netanyahu would address a joint meeting of Congress. That same day, Mr. Dermer and other Israeli officials visited Capitol Hill to brief lawmakers and aides, seeking a bipartisan coalition large enough to block or amend any deal. Most Republicans were already prepared to challenge the White House on the negotiations, so Mr. Dermer focused on Democrats. “This deal is bad,” he said in one briefing, according to participants.
  • A spokesman for the Israeli embassy in Washington, Aaron Sagui, said Mr. Dermer didn’t launch a special campaign on Jan 21. Mr. Dermer, the spokesperson said, has “consistently briefed both Republican and Democrats, senators and congressmen, on Israel’s concerns regarding the Iran negotiations for over a year.” Mr. Dermer and other Israeli officials over the following weeks gave lawmakers and their aides information the White House was trying to keep secret, including how the emerging deal could allow Iran to operate around 6,500 centrifuges, devices used to process nuclear material, said congressional officials who attended the briefings. The Israeli officials told lawmakers that Iran would also be permitted to deploy advanced IR-4 centrifuges that could process fuel on a larger scale, meeting participants and administration officials said. Israeli officials said such fuel, which under the emerging deal would be intended for energy plants, could be used to one day build nuclear bombs. The information in the briefings, Israeli officials said, was widely known among the countries participating in the negotiations. When asked in February during one briefing where Israel got its inside information, the Israeli officials said their sources included the French and British governments, as well as their own intelligence, according to people there.
  • “Ambassador Dermer never shared confidential intelligence information with members of Congress,” Mr. Sagui said. “His briefings did not include specific details from the negotiations, including the length of the agreement or the number of centrifuges Iran would be able to keep.” Current and former U.S. officials confirmed that the number and type of centrifuges cited in the briefings were part of the discussions. But they said the briefings were misleading because Israeli officials didn’t disclose concessions asked of Iran. Those included giving up stockpiles of nuclear material, as well as modifying the advanced centrifuges to slow output, these officials said. The administration didn’t brief lawmakers on the centrifuge numbers and other details at the time because the information was classified and the details were still in flux, current and former U.S. officials said. Unexpected reaction The congressional briefings and Mr. Netanyahu’s decision to address a joint meeting of Congress on the emerging deal sparked a backlash among many Democratic lawmakers, congressional aides said.
  • On Feb. 3, Mr. Dermer huddled with Sen. Joe Manchin, a West Virginia Democrat, who said he told Mr. Dermer it was a breach of protocol for Mr. Netanyahu to accept an invitation from Mr. Boehner without going through the White House. Mr. Manchin said he told Mr. Dermer he would attend the prime minister’s speech to Congress, but he was noncommittal about supporting any move by Congress to block a deal. Mr. Dermer spent the following day doing damage control with Sen. Kirsten Gillibrand, a New York Democrat, congressional aides said. Two days later, Mr. Dermer met with Sen. Dianne Feinstein of California, the top Democrat on the SenateIntelligence Committee, at her Washington, D.C., home. He pressed for her support because he knew that she, too, was angry about Mr. Netanyahu’s planned appearance. Ms. Feinstein said afterward she would oppose legislation allowing Congress to vote down an agreement.
  • Congressional aides and Israeli officials now say Israel’s coalition in Congress is short the votes needed to pass legislation that could overcome a presidential veto, although that could change. In response, Israeli officials said, Mr. Netanyahu was pursuing other ways to pressure the White House. This week, Mr. Netanyahu sent a delegation to France, which has been more closely aligned with Israel on the nuclear talks and which could throw obstacles in Mr. Obama’s way before a deal is signed. The Obama administration, meanwhile, is stepping up its outreach to Paris to blunt the Israeli push. “If you’re wondering whether something serious has shifted here, the answer is yes,” a senior U.S. official said. “These things leave scars.”
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    Obama is moving preemptively to blunt Israel's influence in Congress on the Iran negotiation.
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Prison Dispatches from the War on Terror: Gitmo Detainee's Life an "Endless Horror Movi... - 0 views

  • Moath Hamza Ahmed al-Alwi, a Yemeni national who has been detained at the American prison facility at Guantánamo Bay since 2002, weighs only 98 pounds. Never charged with a crime, al-Alwi, now 35 years old, is one of many detainees at the camp who have gone on a prolonged hunger strike. As described in a recent petition submitted to the Inter-American Commission on Human Rights (IACHR) by his lawyers, al-Alwi’s mental and physical state is seriously deteriorating after two years on hunger strike, and subsequent force-feeding.  Since commencing his strike in February 2013, al-Alwi alleges that he has been subjected to escalating physical and psychological abuse from guards, as well as increasingly brutal force-feeding procedures administered by medical personnel at the camp. Human rights organizations have described the force-feeding procedure employed at Guantánamo as torture, and the U.S. government has fought to keep video footage of the force-feeding of al-Alwi and other hunger-striking detainees from public view.
  • Moath Hamza Ahmed al-Alwi, a Yemeni national who has been detained at the American prison facility at Guantánamo Bay since 2002, weighs only 98 pounds. Never charged with a crime, al-Alwi, now 35 years old, is one of many detainees at the camp who have gone on a prolonged hunger strike. As described in a recent petition submitted to the Inter-American Commission on Human Rights (IACHR) by his lawyers, al-Alwi’s mental and physical state is seriously deteriorating after two years on hunger strike, and subsequent force-feeding.  Since commencing his strike in February 2013, al-Alwi alleges that he has been subjected to escalating physical and psychological abuse from guards, as well as increasingly brutal force-feeding procedures administered by medical personnel at the camp. Human rights organizations have described the force-feeding procedure employed at Guantánamo as torture, and the U.S. government has fought to keep video footage of the force-feeding of al-Alwi and other hunger-striking detainees from public view
  • Al-Alwi, who has described his strike as “a form of peaceful protest against injustice,” has said that he will not resume eating until there is some sort of legal resolution to his case. Prison officials have responded to his hunger strike by placing him in solitary confinement, denying him access to prescribed medical items and subjecting him to extreme temperatures in his cell. 
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  • According to the petition, al-Alwi’s nostril passages have now swelled shut due to the extra large tubes prison authorities have repeatedly forced down his nasal cavity during this feeding process. He also maintains that the force-feeding sessions have led to heavy vomiting and daily blood loss. Shackled to a chair for hours each day during the force-feeding sessions, al-Alwi now suffers severe back pain and other debilitating physical injuries. In his petition, al-Alwi describes his life in Guantánamo as “an endless horror story.” In April 2013, a delegation from the International Committee of the Red Cross conducted a visit to Guantánamo to meet with detainees and assess conditions there. On the day immediately following their departure, armed guards raided a cellblock housing al-Alwi and several other hunger-striking detainees while they prepared for communal prayers.
  • The complaint further alleges that prisoners were physically assaulted by guards during this raid, some of whom fired rubber-coated steel bullets at them. Al-Alwi was among those wounded, with bullets hitting him in his thigh, elbow and back as he tried to flee from guards firing at him; those shots were allegedly fired from the other side of a chain-link fence. Al-Alwi says that he has never received adequate medical treatment for these wounds; he was handcuffed and left to bleed for 20 minutes by guards before a doctor arrived. A few of his wounds were rubbed with anti-infection cream while the remainder have remained wholly untreated to this day. As a result, al-Alwi says that he suffers chronic and debilitating pain and swelling from these injuries.
  • The circumstances leading to al-Alwi’s detention at Guantánamo are obscure. One of hundreds of young Arab men who were captured by Pakistani bounty hunters following the Sept. 11 attacks, al-Alwi was not a known or wanted terrorist, but was nonetheless turned over to U.S. troops by locals in Pakistan for a cash reward later that year. On Jan. 16, 2002, he arrived at Guantánamo Bay where he has remained ever since. A 2006 report by Amnesty International found that cash bounties offered for turning over “terrorists” to U.S. forces had effectively created a lucrative cash market for capturing young Arab men in Pakistan and Afghanistan. Fliers distributed by the U.S. government in the region offered “millions of dollars” in exchange for turning over purported Al-Qaeda and Taliban members, promising those who were able to render suspects to American custody “enough money to take care of your family, your village, your tribe for the rest of your life.”
  • Al-Alwi says that American interrogators tortured him until he made false confessions about his involvement in terrorism. Despite having now spent over a decade in custody, with no foreseeable prospect of release, he has not been charged with any crime. Describing his brutal treatment by riot guards who come to restrain him for force-feedings, al-Alwi told his lawyers in the petition:  “I weigh less than 100 pounds. I wear braces on both ankles, and both wrists, and one around my lower back. I am five foot five … and they claim that I am ‘resisting’ … How can I possibly resist anyone, let alone these men?”
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    "... in the land of the free and the home of the brave" forget about the right to a speedy trial.
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Court Accepts DOJ's 'State Secrets' Claim to Protect Shadowy Neocons: a New Low - The I... - 0 views

  • A truly stunning debasement of the U.S. justice system just occurred through the joint efforts of the Obama Justice Department and a meek and frightened Obama-appointed federal judge, Edgardo Ramos, all in order to protect an extremist neocon front group from scrutiny and accountability. The details are crucial for understanding the magnitude of the abuse here. At the center of it is an anti-Iranian group calling itself “United Against Nuclear Iran” (UANI), which is very likely a front for some combination of the Israeli and U.S. intelligence services. When launched, NBC described its mission as waging “economic and psychological warfare” against Iran. The group was founded and is run and guided by a roster of U.S., Israeli and British neocon extremists such as Joe Lieberman, former Bush Homeland Security adviser (and current CNN “analyst”) Fran Townsend, former CIA Director James Woolsey, and former Mossad Director Meir Dagan. One of its key advisers is Olli Heinonen, who just co-authored a Washington Post Op-Ed with former Bush CIA/NSA Director Michael Hayden arguing that Washington is being too soft on Tehran.
  • This group of neocon extremists was literally just immunized by a federal court from the rule of law. That was based on the claim — advocated by the Obama DOJ and accepted by Judge Ramos — that subjecting them to litigation for their actions would risk disclosure of vital “state secrets.” The court’s ruling was based on assertions made through completely secret proceedings between the court and the U.S. government, with everyone else — including the lawyers for the parties — kept in the dark. In May 2013, UANI launched a “name and shame” campaign designed to publicly identify — and malign — any individuals or entities enabling trade with Iran. One of the accused was the shipping company of Greek billionaire Victor Restis, who vehemently denies the accusation. He hired an American law firm and sued UANI for defamation in a New York federal court, claiming the “name and shame” campaign destroyed his reputation.
  • Up until that point, there was nothing unusual about any of this: just a garden-variety defamation case brought in court by someone who claims that public statements made about him are damaging and false. That happens every day. But then something quite extraordinary happened: In September of last year, the U.S. government, which was not a party, formally intervened in the lawsuit, and demanded that the court refuse to hear Restis’s claims and instead dismiss the lawsuit against UANI before it could even start, on the ground that allowing the case to proceed would damage national security. When the DOJ intervened in this case and asserted the “state secrets privilege,” it confounded almost everyone. The New York Times’s Matt Apuzzo noted at the time that “the group is not affiliated with the government, and lists no government contracts on its tax forms. The government has cited no precedent for using the so­-called state­ secrets privilege to quash a private lawsuit that does not focus on government activity.” He quoted the ACLU’s Ben Wizner as saying: “I have never seen anything like this.” Reuters’s Allison Frankel labeled the DOJ’s involvement a “mystery” and said “the government’s brief is maddeningly opaque about its interest in a private libel case.”
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  • But in this case, there is no apparent U.S. government conduct at issue in the lawsuit. At least based on what they claim about themselves, UANI is just “a not-for-profit, non-partisan, advocacy group” that seeks to “educate” the public about the dangers of Iran’s nuclear program. Why would such a group like this even possess “state secrets”? It would be illegal to give them such material. Or could it be that the CIA or some other U.S. government agency has created and controls the group, which would be a form of government-disseminated propaganda, which happens to be illegal? What else could explain the basis for the U.S. government’s argument that allowing UANI to be sued would risk the disclosure of vital “state secrets” besides a desire to cover up something quite untoward if not illegal? What “state secrets” could possibly be disclosed by suing a nice, little “not-for-profit, non-partisan, advocacy group”?
  • This sham worked. This week, Judge Ramos issued his ruling dismissing the entire lawsuit (see below). As a result of the DOJ’s protection, UANI cannot be sued. Among other things, it means this group of neocon extremists now has a license to defame anyone they want. They can destroy your reputation with false accusations in a highly public campaign, and when you sue them for it, the DOJ will come in and whisper in the judge’s ear that national security will be damaged if — like everyone else in the world — UANI must answer in a court of law for their conduct. And subservient judicial officials like Judge Ramos will obey the U.S. government’s dictates and dismiss your lawsuit before it begins, without your having any idea why that even happened. Worse, in his written ruling, the judge expressly acknowledges that dismissal of the entire lawsuit at the start on secrecy grounds is what he calls a “harsh sanction,” and also acknowledges that “it is particularly so in this case because Plaintiffs not only do not get their day in court, but cannot be told why” (emphasis added). But he does it anyway, in a perfunctory 18-page opinion that does little other than re-state some basic legal principles, and then just concludes that everything the government whispered in his ear should be accepted.
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    Unless the district court decision is overturned by a higher court, the Restis case looks to be over. The secrecy concerns of the Dark State trump justice, again. It should be noted that the Constitution is silent on the issue of state secrets (the so-called "state secrets privilege" was manufactured from whole cloth by the Supreme Court in the early 1950s). On the other hand, several provisions of the Constitution expressly require that justice be done, not the least of which is the Due Process clause.  
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