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CIA's Ex-No. 2 Says ISIS 'Learned From Snowden' - The Daily Beast - 0 views

www.thedailybeast.com/...isis-learned-from-snowden.html surveillance state CIA NSA Snowden traitor ISIL
shared by Paul Merrell on 09 May 15 - No Cached
  • That is not a consensus view within the U.S. intelligence community, where officials have been divided over how much ISIS really learned from the Snowden leaks that it didn’t already know. The group didn’t begin seizing territory in Iraq until a year after the leaks began. And last year, a U.S. intelligence official with access to information about ISIS’s current tactics told The Daily Beast that while the group had “likely learned a lot” from the Snowden leaks, “many of their forces are familiar with the U.S. from their time in AQI, [and] they have adapted well to avoiding detection.”
  • “Within weeks of the leaks, terrorist organizations around the world were already starting to modify their actions in light of what Snowden disclosed. Communications sources dried up, tactics were changed,” Morell writes. Among the most damaging leaks, he adds, was one that described a program that collects foreigners’ emails as they move through equipment in the United States.Terrorist groups, including ISIS, have since shifted their communications to more “secure” platforms, are using encryption, or “are avoiding electronic communications altogether.”“ISIS was one of those terrorist groups that learned from Snowden, and it is clear that his actions played a role in the rise of ISIS,” Morell writes.
  • Edward Snowden’s leaks about U.S. intelligence operations “played a role in the rise of ISIS.” That’s the explosive new allegation from the former deputy director of the CIA, Michael Morell, who was among the United States’ most senior intelligence officials when Snowden began providing highly classified documents to journalists in 2013. U.S. intelligence officials have long argued that Snowden’s disclosures provided valuable insights to terrorist groups and nation-state adversaries, including China and Russia, about how the U.S. monitors communications around the world. But in his new memoir, to be published next week, Morell raises the stakes of that debate by directly implicating Snowden in the expansion of ISIS, which broke away from al Qaeda and has conquered large swaths of territory in Iraq and Syria.
  • ...3 more annotations...
  • Edward Snowden’s leaks about U.S. intelligence operations “played a role in the rise of ISIS.” That’s the explosive new allegation from the former deputy director of the CIA, Michael Morell, who was among the United States’ most senior intelligence officials when Snowden began providing highly classified documents to journalists in 2013. U.S. intelligence officials have long argued that Snowden’s disclosures provided valuable insights to terrorist groups and nation-state adversaries, including China and Russia, about how the U.S. monitors communications around the world. But in his new memoir, to be published next week, Morell raises the stakes of that debate by directly implicating Snowden in the expansion of ISIS, which broke away from al Qaeda and has conquered large swaths of territory in Iraq and Syria. 
  • “Within weeks of the leaks, terrorist organizations around the world were already starting to modify their actions in light of what Snowden disclosed. Communications sources dried up, tactics were changed,” Morell writes. Among the most damaging leaks, he adds, was one that described a program that collects foreigners’ emails as they move through equipment in the United States.Terrorist groups, including ISIS, have since shifted their communications to more “secure” platforms, are using encryption, or “are avoiding electronic communications altogether.”“ISIS was one of those terrorist groups that learned from Snowden, and it is clear that his actions played a role in the rise of ISIS,” Morell writes.
  • That is not a consensus view within the U.S. intelligence community, where officials have been divided over how much ISIS really learned from the Snowden leaks that it didn’t already know. The group didn’t begin seizing territory in Iraq until a year after the leaks began. And last year, a U.S. intelligence official with access to information about ISIS’s current tactics told The Daily Beast that while the group had “likely learned a lot” from the Snowden leaks, “many of their forces are familiar with the U.S. from their time in AQI, [and] they have adapted well to avoiding detection.”
  • Paul Merrell on 09 May 15
     
    Keep in mind that ISIL is a U.S. creation. And that just about everything that CIA and NSA do violates the laws of the nation in which they act and is antithetical to our form of government.   
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Thoughts from the Frontline : Six Impossible Things by John Mauldin - 0 views

www.2000wave.com/article.asp financial-crisis euro-crisis obammunism economic-rules identity-equation banksters
shared by Gary Edwards on 05 Jun 10 - Cached
  • Gary Edwards on 05 Jun 10
     
    Funny but a year ago we were hearing quite a bit of noise about the "End of Capitalism".  Today, the world is looking at the "End of Socialism".  How quickly things change. Six Impossible Things I have written several letters over the years about the basic economic equation GDP = C + I + G + (Net Exports) Which is to say, that Gross Domestic Product in a country is equal to total Consumption (personal and business) plus Investments plus Government Spending plus next exports. This equation is known as an identity equation. It is true for all countries and times. Now, gentle reader, I am going to spare you a few pages of algebra and cut to the chase. Let's divide a country's economy into three sections, private, government and exports. If you play with the variables a little bit you find that you get the following equation. Domestic Private Sector Financial Balance + Governmental Fiscal Balance - the Current Account Balance (or Trade Deficit/Surplus) = 0 This equation was introduced to you a few months ago in an Outside the Box written by Rob Parenteau. We are going to review this briefly, as it is VERY important. Paragraphs in quotes will be from that letter. As Rob noted, "...keep in mind this is an accounting identity, not a theory. If it is wrong, then five centuries of double entry book keeping must also be wrong." By Domestic Private Sector Financial Balance we mean the net balance of business and consumers. Are they borrowing money or paying down debt? Government Fiscal Balance is the same: is the government borrowing or paying down debt? And the Current Account Balance is the trade deficit or surplus. The implications are simple. The three items have to add up to zero. That means you cannot have both surpluses in the private and government sectors and run a trade deficit. You have to have a trade surplus.
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Reason Foundation - Out of Control Policy Blog > How Fannie Mae and Freddie Mac Guarant... - 0 views

reason.org/...annie-mae-and-freddie-mac-guar Banksters fannie-freddie
shared by Gary Edwards on 28 Oct 11 - No Cached
  • Gary Edwards on 28 Oct 11
     
    A very brief summary of the way that Fannie Mae and Freddie Mac are continuing to bail out mortgage investors through their guarantee programs. Total bailouts to keep these bankster clowns in business is $169 Billion paid to mortgage investors via GSE's. And climbing. excerpt: When you get a mortgage, the rights to your loan payments are typically sold to a secondary source. There is a lot of debate over whether the originator of the loan should keep some of the risk, but currently they can make a loan, sell it, and basically be done with it unless they have lied about its contents and are forced to by it back down the road. So the mortgage is sold to the secondary market, likely Fannie Mae or Freddie Mac. In fact, the GSEs and FHA bought or guaranteed 95% of all new mortgages in fiscal year 2011! Mind blowing numbers compared to when 40% market share was seen as high in the early 2000s.  The GSEs then take your loan and put it in a package with other loans they buy and sell rights to the mortgage payments in that package (a mortgage-backed security). The investor is buying rights to part of the principal and/or interest payments, depending on the structure of the deal, on your and many other mortgages. 
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Fellow soldiers call Bowe Bergdahl a deserter, not a hero - CNN.com - 0 views

www.cnn.com/...bergdahl-deserter-or-hero war & peace MSM defamation Bergdahl
shared by Paul Merrell on 04 Jun 14 - No Cached
  • The sense of pride expressed by officials of the Obama administration at the release of Army Sgt. Bowe Bergdahl is not shared by many of those who served with him: veterans and soldiers who call him a deserter whose "selfish act" ended up costing the lives of better men.
  • Paul Merrell on 04 Jun 14
     
    I've been disgusted with American mainstream media and our political class for a very long time. Every now and then I get super-disgusted.  I'll begin with the Obama Administration. They tried to make political hay with something that should not have been made public other than notifying the released American prisoners' parents before the prisoner had been debriefed. Moreover, while I have no problems with swapping Taliban prisoners to get the American prisoner back even if it meant not giving Congress the full 30-day notice required by statute, the Administration certainly could have done a better job of it, notifying key committee members earlier that the deal might be pulled off. Waiting until the Taliban prisoners were up to the steps of the airplane bound for the exchange was not the way this should have happened. Next up, we have the members of Congress who have done their level best to turn the situation into a partisan issue. Obama may have deserved criticism given that he tried to make political hay with the release. But prisoner swaps during wartime have been a feature of most U.S. wars. It is an ancient custom of war and procedures for doing so are even enshrined in the Geneva Conventions governing warfare. So far, I have not heard any war veteran member of Congress scream about releasing terrorists. During my 2+ years in a Viet Nam combat role, the thought of being captured was horrifying. Pilots shot down over North Viet Nam were the lucky ones. No American soldier captured in South Viet Nam was ever released. The enemy was fighting a guerrilla war in the South. They had no means to confine and care for prisoners. So captured American troops were questioned for intelligence and then killed.  Truth be told, American combat troops were prone to killing enemy who surrendered. War is a very ugly situation and feelings run high. It is perhaps a testament to the Taliban that they kept Sgt. Berdahl alive. Certainly that fact clashes irreconcilably with
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M of A - The Coup Announcement In Afghanistan - 0 views

www.moonofalabama.org/...nouncement-in-afghanistan.html war & peace Afhanistan U.S.-withdrawal pipelinestan
shared by Paul Merrell on 23 Aug 14 - No Cached
  • This in the New York Times reads like an early announcement of a democratic pro-U.S. coup in Afghanistan: A coterie of powerful Afghan government ministers and officials with strong ties to the security forces are threatening to seize power if an election impasse that has paralyzed the country is not resolved soon. ... After weeks of quietly discussing the prospect of imposing a temporary government, officials within the Karzai government said the best way out of a crisis that had emboldened the Taliban, weakened an already struggling economy and left many here deeply pessimistic about the country’s democratic future, might well be some form of interim government, most likely run by a committee. ... It often happens that when power is seized during a political crisis, as in Thailand or Egypt, those taking charge argue that the step is essential to restore order and protect democracy in the long run. That is also the case here, where such a move is being advertised as a last resort to save democracy. It could also effectively discard the results of a presidential runoff election that, until it was derailed by allegations of fraud, had been promoted as a historic event in a country that never had a democratic transfer of power. Both presidential candidates in Afghanistan, the northern alliance affiliated Abdullah Abdullah and the Pashtu candidate Ashraf Ghani had bribed whoever they could to win the election. But in the end they can not decided who had bribed more and thereby won. The length of the impasse does not matter as long as the country's bureaucracy keeps functioning, but there is one deadline that is threatened by it. This deadline may very well be the reason why this coup is intended. The question is again cui bono?
  • The officials said they believed they would have the backing of Afghanistan’s army, police and intelligence corps. ... A new government is needed soon if there is to be any chance of securing deals to keep American and European troops here after the end of the year, some Afghan officials said. ... Three senior Afghan officials said they needed a government in place by mid-September to ensure security agreements needed to keep some United States and NATO forces in Afghanistan beyond the end of the year.
  • Secretary of State Kerry tried twice to arrange for some badly defined national unity government in Kabul. Such a government is the cure-all solution introduced wherever the U.S. wants to stay in control. But the two candidates and the interests they represent can not agree on the terms. The security forces, depending on U.S. largess, will try their best to secure their future pay by getting the Status of Force Agreement with the U.S. signed. As President Karzai does not want such an agreement and no new government is in sight the security forces are tempted to install their own new government. As such is the only possibility for the U.S. to keep its foothold in Afghanistan we will likely see any coup and the resulting government, like in Egypt, be recognized as "restoring democracy". But such an arrangement will only encourage more resistance from the Taliban and other anti-government forces. The new "take no prisoners" policy of the corrupt government security forces will also increase the Taliban's support. As long as the interests of the people represented by the Taliban - and their demand for all foreign forces to leave - are not met, there will be no peace for the country.
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'Comprehensive' CIA Torture Report Won't Even Name Well-Known Architects of Torture Pro... - 0 views

news.vice.com/...-architects-of-torture-program war & peace CIA torture Senate-Intelligence_Committee-Report redactions
shared by Paul Merrell on 23 Aug 14 - No Cached
  • Some familiar names will be missing from the Senate Intelligence Committee's long-awaited report on the CIA's torture program, VICE News has learned.Notably, two retired Air Force psychologists, Dr. Bruce Jessen and Dr. James Mitchell, who have been credited with being the architects of the CIA's so-called "enhanced interrogation techniques," have their names redacted in the 480-page executive summary of the report, according to current and former US officials knowledgeable about the contents of the document.
  • Feinstein's concerns about the redactions led Senator Carl Levin to issue a statement condemning the blacked-out passages, in which he noted that much of the redacted information had already been disclosed in a previous report about the treatment of detainees in custody of the US military. That report was released in 2009 by the Senate Armed Services Committee, of which he is chairman.Specifically, Levin is referring to a section that addresses the CIA's interrogation of Abu Zubaydah, whose interrogation and torture also factors prominently in the Senate Intelligence Committee's executive summary, portions of which have been redacted, officials familiar with the document told VICE News.
  • The CIA has argued that the Intelligence Committee's use of pseudonyms in its executive summary does not provide the officers who were involved in the program with enough cover. People familiar with the document also said it leaves an impression that the agency gave the committee its blessing to partially identify its officers.Officials say the agency is concerned that journalists and human rights researchers will be able to unmask the officers, whose identities, in some cases, are still classified, based on the way the pseudonyms are used and the fact that some information about the individuals has already appeared in previously published reports.The report currently says individual CIA officers and contractors, identified by pseudonyms, were present in unnamed European countries with named CIA captives during particular years. In some cases, those officers are identified with the same pseudonyms in other parts of the report as having been promoted to leadership positions in the CIA, which also makes it easier to identify them.
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  • One version of the Senate Intelligence Committee's executive summary had apparently identified Mitchell and Jessen by name, and a copy of the panel's findings and conclusions obtained by McClatchy Newspapers included a bullet point that said: "Two contract psychologists devised the CIA's enhanced interrogation techniques and were central figures in the program's operation."But, according to current and former intelligence officials and committee staffers knowledgeable about the report, the CIA has insisted that the executive summary exclude any reference to Mitchell and Jessen by name, despite the fact that their roles in the program have been widely reported. The issue is part of a larger battle that has surfaced in recent weeks between the CIA and the Senate Intelligence Committee over the intelligence community's redactions in the executive summary that the committee's chairwoman, Senator Dianne Feinstein, said were excessive.
  • The names of countries where the CIA set up so-called black site prisons have also been redacted."Exposing details of past intelligence cooperation with specific foreign governments could jeopardize current relationships with those governments, cause domestic political upheaval in those countries, and undermine the willingness of foreign intelligence services to work with America in the future," the person familiar with the administration's redactions said.
  • The CIA, which has responded to the Senate's report with a 122-page rebuttal, does not wholly disagree with the Intelligence Committee's findings. But there are vehement disagreements the CIA has with the committee over certain assertions the panel has made involving 10 detainees. The rebuttal includes a list of recommendations the agency intends to implement. The CIA response does not defend the use of torture techniques and it adds that there were instances when the value of intelligence was inflated.With that said, several committee staffers say that the CIA's response asserts that all of the intelligence obtained from detainees was valuable and saved lives. It also says there is no way to determine whether interrogators would have been able to obtain intelligence if the detainee were not tortured.
  • Paul Merrell on 23 Aug 14
     
    Let's keep in mind that the CIA agents' names that CIA wants to keep concealed are required to be arrested and prosecuted as war criminals by a treaty the U.S. is party to, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. E.g., in Article 6: " Upon being satisfied, after an examination of information available to it, that the circumstances so warrant, any State Party in whose territory a person alleged to have committed any offence referred to in article 4 is present shall take him into custody or take other legal measures to ensure his presence. The custody and other legal measures shall be as provided in the law of that State but may be continued only for such time as is necessary to enable any criminal or extradition proceedings to be instituted." But here we are presented with the CIA attempting to conceal the identities of its officials who committed torture and to retain them as active agents, rather than assisting in their arrest and prosecution. From the same treaty's Article 2: "1. Each State Party shall take effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its jurisdiction. "2. No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification of torture. "3. An order from a superior officer or a public authority may not be invoked as a justification of torture."  
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German Economy Hit by US, EU Sanctions on Russia - SPIEGEL ONLINE - 0 views

www.spiegel.de/...ctions-on-russia-a-982075.html banksters Russia sanctions Germany
shared by Paul Merrell on 24 Jul 14 - No Cached
  • The US, for its part, penalized a dozen leading Russian conglomerates, including oil giant Rosneft, natural gas producer Novatek, Gazprombank and the weapons manufacturer Kalashnikov. From now on, they are forbidden from borrowing money from American monetary institutions and from issuing medium- and long-term debt to investors with ties to the US.
  • Even prior to the sanctions, the Russian economy had been struggling. Now, though, the Ukraine crisis is beginning to make itself felt in Germany as well. German industry's Committee on Eastern European Economic Relations believes that the crisis could endanger up to 25,000 jobs in Germany. Were a broad recession to befall Russia, German growth could sink by 0.5 percent, according to a Deutsche Bank study.
  • The most recent US sanctions, warns Eckhard Cordes, head of the Committee on Eastern European Economic Relations, have placed an additional strain "on the general investment climate." Particularly, he adds, because European companies have to conform to the American penalties.
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  • Already, the uneasiness can be seen in the Ifo Business Climate Index. One in three of the companies surveyed at the end of June said it expected adverse effects. "Russian customers have begun looking for suppliers outside of Europe," says Ulrich Ackermann, a foreign trade expert with the German engineering association VDMA. "They are concerned that European companies, because of the threat of increased sanctions, won't be able to deliver."
  • Even prior to the latest sanctions, business has been slowing in almost all sectors. The Düsseldorf-based energy giant E.on, for example, recently built power stations in Russia worth €9 billion. Most of the generators are already online, but because the economy in Russia is suffering, the returns are much lower than forecast. Volkswagen is a further example. The carmaker's sales figures for 2014 are 10 percent lower than they were last year. Opel's figures dropped by 12 percent during the first five months of the year.
  • Paul Merrell on 24 Jul 14
     
    Germany, and other European nations whose economies are interdependent on Russia's, are beginning to feel the pain from U.S. efforts to blockade BRICS nations from doing business with Europe. That's what U.S. meddling in Ukraine is about, another of the key U.S. initiatives in the the new Iron Curtain being constructed between BRICS and the U.S.-led Bankster Empire. I suspect that the sanctions will prove to be a dumb move. The BRICS nations will develop new industry to replace the goods it had been buying from Europe, all paid for without U.S. dollars. A pinch in the beginning, but longer term economic growth because the BRICS nations will also sell their new products to developing nations eager to hop off the U.S. dollar. That's when the new BRICS development bank counterpart to the IMF comes to the fore. That's the handwriting on the wall that the U.S. is painting for Germany and the rest of the E.U. Will Germany take that kind of economic hit out of loyalty to the U.S. and love of the sinking value of the dollar? The only end in sight for the dollar's sinking value is the inevitable crash. Or does Germany part ways with the dollar and hitch its wagon to the rising star of the BRICS nations' economy? Because Germany is the island of prosperity in the Eurozone, as goes Germany, so goes the future of the E.U. and NATO. Meanwhile, the Fed manipulates the gold market to keep the price artificially low and thus prop up the dollar a bit longer. But that keeps the price of gold low for China too. The drama of gangster capitalism's demise. http://goo.gl/DGfEq6
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Former CIA & NSA Boss: September 11th Gave Me Permission To Reinterpret The 4th Amendme... - 0 views

www.techdirt.com/...einterpret-4th-amendment.shtml NSA-Patriot-Act-NDAA 4th-Amendment Michael-Hayden
shared by Gary Edwards on 02 Feb 15 - No Cached
  • Gary Edwards on 02 Feb 15
     
    "Michael Hayden, the former CIA and NSA director, has revealed what most people already suspected -- to him, the Constitution is a document that he can rewrite based on his personal beliefs at any particular time, as noted by Conor Friedersdorf at the Atlantic. Specifically, he admits that after September 11th, 2001, he was able to totally reinterpret the 4th Amendment to mean something entirely different: In a speech at Washington and Lee University, Michael Hayden, a former head of both the CIA and NSA, opined on signals intelligence under the Constitution, arguing that what the 4th Amendment forbids changed after September 11, 2001. He noted that "unreasonable search and seizure," is prohibited under the Constitution, but cast it as a living document, with "reasonableness" determined by "the totality of circumstances in which we find ourselves in history." He explained that as the NSA's leader, tactics he found unreasonable on September 10, 2001 struck him as reasonable the next day, after roughly 3,000 were killed. "I actually started to do different things," he said. "And I didn't need to ask 'mother, may I' from the Congress or the president or anyone else. It was within my charter, but in terms of the mature judgment about what's reasonable and what's not reasonable, the death of 3,000 countrymen kind of took me in a direction over here, perfectly within my authority, but a different place than the one in which I was located before the attacks took place. So if we're going to draw this line I think we have to understand that it's kind of a movable feast here." While it's true that the 4th Amendment does ban "unreasonable search and seizure," it seems like quite an interpretation to argue that "reasonableness" depends on what some third party does to us. That seems morally dangerous -- and it seems like a direct admission to terrorists that if they want to eviscerate the rights of Americans, they just need to keep on attacking, because folks like Hayden will
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Why Does the FBI Have to Manufacture its Own Plots if Terrorism and ISIS Are Such Grave... - 0 views

firstlook.org/...s-terrorism-isis-grave-threats war on terror™ politics-of-fear budget-justification FBI entrapment
shared by Paul Merrell on 27 Feb 15 - No Cached
  • The FBI and major media outlets yesterday trumpeted the agency’s latest counterterrorism triumph: the arrest of three Brooklyn men, ages 19 to 30, on charges of conspiring to travel to Syria to fight for ISIS (photo of joint FBI/NYPD press conference, above). As my colleague Murtaza Hussain ably documents, “it appears that none of the three men was in any condition to travel or support the Islamic State, without help from the FBI informant.” One of the frightening terrorist villains told the FBI informant that, beyond having no money, he had encountered a significant problem in following through on the FBI’s plot: his mom had taken away his passport. Noting the bizarre and unhinged ranting of one of the suspects, Hussain noted on Twitter that this case “sounds like another victory for the FBI over the mentally ill.” In this regard, this latest arrest appears to be quite similar to the overwhelming majority of terrorism arrests the FBI has proudly touted over the last decade. As my colleague Andrew Fishman and I wrote last month — after the FBI manipulated a 20-year-old loner who lived with his parents into allegedly agreeing to join an FBI-created plot to attack the Capitol — these cases follow a very clear pattern
  • Once again, we should all pause for a moment to thank the brave men and women of the FBI for saving us from their own terror plots.
  • We’re constantly bombarded with dire warnings about the grave threat of home-grown terrorists, “lone wolf” extremists and ISIS. So intensified are these official warnings that The New York Times earlier this month cited anonymous U.S. intelligence officials to warn of the growing ISIS threat and announce “the prospect of a new global war on terror.” But how serious of a threat can all of this be, at least domestically, if the FBI continually has to resort to manufacturing its own plots by trolling the Internet in search of young drifters and/or the mentally ill whom they target, recruit and then manipulate into joining? Does that not, by itself, demonstrate how over-hyped and insubstantial this “threat” actually is? Shouldn’t there be actual plots, ones that are created and fueled without the help of the FBI, that the agency should devote its massive resources to stopping? This FBI tactic would be akin to having the Drug Enforcement Agency (DEA) constantly warn of the severe threat posed by drug addiction while it simultaneously uses pushers on its payroll to deliberately get people hooked on drugs so that they can arrest the addicts they’ve created and thus justify their own warnings and budgets (and that kind of threat-creation, just by the way, is not all that far off from what the other federal law enforcement agencies, like the FBI, are actually doing). As we noted the last time we wrote about this, the Justice Department is aggressively pressuring U.S. allies to employ these same entrapment tactics in order to create their own terrorists, who can then be paraded around as proof of the grave threat.
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  • UPDATE: The ACLU of Massachusetts’s Kade Crockford notes this extraordinarily revealing quote from former FBI assistant director Thomas Fuentes, as he defends one of the worst FBI terror “sting” operations of all (the Cromitie prosecution we describe at length here): If you’re submitting budget proposals for a law enforcement agency, for an intelligence agency, you’re not going to submit the proposal that “We won the war on terror and everything’s great,” cuz the first thing that’s gonna happen is your budget’s gonna be cut in half. You know, it’s my opposite of Jesse Jackson’s ‘Keep Hope Alive’—it’s ‘Keep Fear Alive.’ Keep it alive. That is the FBI’s terrorism strategy — Keep fear alive — and it drives everything they do.
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US sets new record for denying federal files under Freedom of Information Act | US news... - 0 views

www.theguardian.com/...es-freedom-of-information-foia transparency FOIA U.S. records
shared by Paul Merrell on 20 Mar 15 - No Cached
  • The US has set a new record for denying and censoring federal files under the Freedom of Information Act, analysis by the Associated Press reveals. For the second consecutive year, the Obama administration more often than ever censored government files or outright denied access to them under the open-government legislation. The government took longer to turn over files when it provided any, said more regularly that it couldn’t find documents, and refused a record number of times to turn over files quickly that might be especially newsworthy.
  • It also acknowledged in nearly one in three cases that its initial decisions to withhold or censor records were improper under the law – but only when it was challenged. Its backlog of unanswered requests at year’s end grew remarkably by 55% to more than 200,000. The government’s new figures, published Tuesday, covered all requests to 100 federal agencies during fiscal 2014 under the Freedom of Information law, which is heralded globally as a model for transparent government. They showed that despite disappointments and failed promises by the White House to make meaningful improvements in the way it releases records, the law was more popular than ever. Citizens, journalists, businesses and others made a record 714,231 requests for information. The US spent a record $434m trying to keep up.
  • The government responded to 647,142 requests, a 4% decrease over the previous year. The government more than ever censored materials it turned over or fully denied access to them, in 250,581 cases or 39% of all requests. Sometimes, the government censored only a few words or an employee’s phone number, but other times it completely marked out nearly every paragraph on pages. On 215,584 other occasions, the government said it couldn’t find records, a person refused to pay for copies or the government determined the request to be unreasonable or improper. The White House touted its success under its own analysis. It routinely excludes from its assessment instances when it couldn’t find records, a person refused to pay for copies or the request was determined to be improper under the law, and said under this calculation it released all or parts of records in 91% of requests – still a record low since Barack Obama took office using the White House’s own math.
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  • “We actually do have a lot to brag about,” White House spokesman Josh Earnest said. The government’s responsiveness under the open records law is an important measure of its transparency. Under the law, citizens and foreigners can compel the government to turn over copies of federal records for zero or little cost. Anyone who seeks information through the law is generally supposed to get it unless disclosure would hurt national security, violate personal privacy or expose business secrets or confidential decision-making in certain areas. It cited such exceptions a record 554,969 times last year. Under the president’s instructions, the US should not withhold or censor government files merely because they might be embarrassing, but federal employees last year regularly misapplied the law. In emails that AP obtained from the National Archives and Records Administration about who pays for Michelle Obama’s expensive dresses, the agency blacked-out a sentence under part of the law intended to shield personal, private information, such as Social Security numbers, phone numbers or home addresses. But it failed to censor the same passage on a subsequent page.
  • The sentence: “We live in constant fear of upsetting the WH [White House].” In nearly one in three cases, when someone challenged under appeal the administration’s initial decision to censor or withhold files, the government reconsidered and acknowledged it was at least partly wrong. That was the highest reversal rate in at least five years. The AP’s chief executive, Gary Pruitt, said the news organization filed hundreds of requests for government files. Records the AP obtained revealed police efforts to restrict airspace to keep away news helicopters during violent street protests in Ferguson, Missouri. In another case, the records showed Veterans Affairs doctors concluding that a gunman who later killed 12 people had no mental health issues despite serious problems and encounters with police during the same period. They also showed the FBI pressuring local police agencies to keep details secret about a telephone surveillance device called Stingray.
  • “What we discovered reaffirmed what we have seen all too frequently in recent years,” Pruitt wrote in a column published this week. “The systems created to give citizens information about their government are badly broken and getting worse all the time.” The US released its new figures during Sunshine Week, when news organizations promote open government and freedom of information. The AP earlier this month sued the State Department under the law to force the release of email correspondence and government documents from Hillary Clinton’s tenure as secretary of state. The government had failed to turn over the files under repeated requests, including one made five years ago and others pending since the summer of 2013.
  • The government said the average time it took to answer each records request ranged from one day to more than 2.5 years. More than half of federal agencies took longer to answer requests last year than the previous year. Journalists and others who need information quickly to report breaking news fared worse than ever. Under the law, the US is required to move urgent requests from journalists to the front of the line for a speedy answer if records will inform the public concerning an actual or alleged government activity. But the government now routinely denies such requests: Over six years, the number of requests granted speedy processing status fell from nearly half to fewer than one in eight. The CIA, at the center of so many headlines, has denied every such request over the last two years.
  • Paul Merrell on 20 Mar 15
     
    I did a fair bit of FOIA litigation during my years as a citizen activist and later as a lawyer. The response situation never was good and it's gotten far worse. I have an outstanding FOIA request to the Dept. of Health & Human Services for copies of particular documents submitted as public comments by other agencies including the CIA in a rulemaking proceeding. I submitted electronically over a year ago, got an authresponder telling me to expect a postcard acknowledging receipt within ten working days as required by FOIA. Didn't hear back from them, so resubmitted with copies of the original request and the autoresponse and got the same autoresponse. Still haven't got either of my postcards or the records, so it looks like I'm about to come out of retirement and file a FOIA lawsuit. It's an area where the squeakiest wheel gets the grease.  The bureaucracy does not like public records requests.   
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Why Russia Matters to the Boston Bombing Suspect's Defense - WhoWhatWhy - 0 views

whowhatwhy.org/...oston-bombing-suspects-defense war & peace boston-bombings Tsarnaev-defense Russia DoJ-stonewalling
shared by Paul Merrell on 29 Jan 15 - No Cached
  • But a close look at the nature of the information Tsarnaev’s defense team has repeatedly requested from prosecutors in motions to the court suggests Tsarnaev’s lawyers are trying to pry loose something about the government’s relationship with the Tsarnaevs prior to the bombing on April 15, 2013.The key to this relationship may lie in a store of information that the Russians delivered to U.S. investigators in the days after the bombing. Equally, it may be found in warnings Moscow delivered to U.S. investigators before the attack. Either way, the U.S. government has fought hard to keep the lid on what it knows.The defense team’s motive in asking for such information is clear enough: they are angling for anything that might convince jurors to spare their client’s life. But the government’s stonewalling raises serious questions about why it wants to keep secret what the Russians knew about the Tsarnaevs, and how and when this information reached the FBI and the CIA.
  • Already, Tsarnaev is facing an uphill battle because of a widespread presumption of his guilt—a presumption fed, in large part, by law enforcement leaks and an unquestioning media. The FBI has been waging an apparent war on witnesses, characterized by the scorched-earth tactic of intimidating, arresting, deporting, and, in one case, killing them. That has rendered them inaccessible to Tsarnaev’s defense.These hardball tactics appear to be just part of the government strategy of suppressing information in the case. The Justice Department’s trump card is the ability to withhold information based on national security claims. That is in addition to an overwhelming financial advantage.
  • The defense team has thus repeatedly had to ask U.S. District Judge George A. O’Toole Jr. to compel the government to release information. That has eaten up a lot of time critical in preparing the defense case.Not that Tsarnaev has been given much of it. One statistic tells the story: Tsarnaev’s team has had about half of the preparation time that defense lawyers in federal death penalty cases have been granted over the past decade—18 months versus a median of 36. So the prospects for getting the whole story behind the bombing laid out in open court look bleak.
  • ...3 more annotations...
  • All of this brings up numerous questions, not the least of which are:
  • But is there more to the government’s obstruction tactics? Is there something in those conversations that the government doesn’t want to come up at trial? After all, it was the Tsarnaev family that repeatedly claimed the FBI tried to recruit Tamerlan as an informant—a claim the agency quickly batted down as ridiculous.However, the aggressive and well-documented efforts by the FBI to infiltrate the Muslim community with informants and provocateurs makes the FBI’s denials ring a little hollow.
  • But is there another reason for the government’s stonewalling? Is the deeper motive to suppress evidence that could uncover serious government misjudgments or, worse, malfeasance?Despite the fact that the U.S. government’s relationship with the Tsarnaevs prior to the bombing has great relevance to victims of the bombing—and to the public at large—current national security classification rules make it unlikely that such information will ever see the light of day.It’s important to note that defense lawyer Clarke has made a career out of keeping high-profile individuals presumed to be guilty out of the proverbial electric chair. In this case, maybe she senses a cover-up.In the process of trying to keep Tsarnaev alive, it may be that she and her team will make a crack in the walls protecting the truth about what the government knew, and when.
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Administration will soon be forced to confront big decisions on Syria - The Washington ... - 0 views

www.washingtonpost.com/...5-9a07-453018f9a0ec_story.html war & peace U.S.-foreign-policy Syria Russia Iran peace-talks
shared by Paul Merrell on 12 Nov 15 - No Cached
  • The Obama administration will be forced this weekend to grapple with major decisions on Syria that it has long resisted making but may now be unavoidable if the president’s diplomatic and military strategies there are to succeed. In a meeting Saturday in Vienna, Secretary of State John F. Kerry will try to build momentum for a Syrian political transition. Allies at the table plan to challenge him to expand the narrow list of U.S.-approved opposition forces fighting against Syrian President Bashar al-Assad and to recognize Islamist groups the administration has shunned as extremist. On Sunday and Monday, President Obama will face Turkish President Recep Tayyip Erdogan at the Group of 20 economic summit in the Mediterranean resort of Antalya. Erdogan said Wednesday that Syria will be a “major topic” at the summit and that he will push his long-standing demand for the creation of a U.S.-protected Syrian safe zone along the Turkish border. Russian President Vladi­mir Putin will also attend the G-20 meeting. Russian bombing of opposition forces in support of Assad has fundamentally altered the equation in Syria, and Putin has his own ideas about political transformation, terrorism and air operations there. The Vienna meeting is the second in as many weeks since Kerry launched a new effort to resolve the Syrian civil war through diplomatic channels. In addition to the humanitarian disaster the conflict has caused, the administration thinks the continuation of the war undercuts its higher priority of defeating the Islamic State in both Syria and Iraq.
  • “It’s a philosophy based on momentum,” said British Foreign Secretary Philip Hammond, one of the participants. “You get people together, you force them to make some forward movement, keeping them at it, keeping their noses to the grindstone, keep them in a locked room.” Kerry, Hammond said, “wants to make some further significant progress this week.” The plan is for the rapid-fire meetings to continue until success is achieved. “But if he can’t deliver,” a senior administration official acknowledged, “there will maybe be one more after this and it will fizzle. We just don’t know. I’ve seen Kerry pull rabbits out of hats before.” The official was one of several who spoke on the condition of anonymity about internal administration discussions. Before the first Vienna meeting at the end of October, Kerry and his Russian counterpart, Foreign Minister Sergei Lavrov, agreed that they would set aside the issue that most divided them — whether Assad could be part of a negotiated transition to a new Syrian government. In addition to U.S. allies in the Middle East and Europe, the 19 attendees also included Assad-backer Iran, invited for the first time to participate in international discussions over Syria. The Syrian opposition and representatives from Assad government were not invited and will not attend the Saturday meeting. The assumption by participants is that if they can reach agreements among themselves, it will eventually be easier to convince the combatants that a deal is viable and to push them toward making compromises that may be necessary.
  • While Kerry is seen as open to expanding the list of acceptable organizations, “I don’t know if the White House will sign off on it,” an administration official said. Any cease-fire would include an exemption for bombing raids against the Islamic State and likely Jabhat al-Nusra, a complication in the case of the latter because its forces in northwest Syria are co-mingled with other opposition groups. While the United States has rarely targeted that part of the country, Russian airstrikes have centered on the area. “Basically, they want a free pass to keep hitting people,” said the administration official, noting that the Russians might claim they were targeting only Jabhat al-Nusra while continuing to bomb Assad’s opponents.
  • ...3 more annotations...
  • While there is broad accord over a terrorist list that includes the Islamic State and Jabhat al-Nusra, al-Qaeda’s Syrian affiliate, agreement beyond that has been elusive. Saudi Arabia, Turkey and other U.S. allies in the fight against the Islamic State are demanding that the United States expand its list of viable opposition groups to include Islamist organizations such as Ahrar al-Sham, or Free Men of Syria, and others. One of the largest and most powerful rebel organizations, Ahrar al-Sham has at times cooperated with Jabhat al-Nusra and has welcomed some of its former members. The administration, as it has with many other locally supported rebel groups, does not consider it part of the “moderate” opposition eligible to participate in transition plans. Hammond predicted that settling on a definitive list of terrorist organizations “will require deep breaths on several sides, including the U.S. side. The Saudis are never going to sign off on Ahrar al-Sham being categorized as terrorists.”
  • Whatever optimism Kerry has appears to be based on his belief that Russia is less concerned about Assad than it is fearful that his removal will cause Syria’s military to collapse, eliminating Russia’s sole foothold in the Middle East and opening the door to the Islamic State. U.S. officials from Obama on down have said since the beginning of Russia’s air campaign in Syria in late September that Moscow is making a “mistake” that will make the situation worse. Assuming Kerry is correct — and that Shiite Iran can also be persuaded to relinquish some of its influence in Syria in favor of a government with a prominent and perhaps dominant role for Syria’s largely Sunni opposition — the question of Assad will soon have to be put on the table.
  • In the tangled mess of Syria, resolution of the Assad problem leads directly back to the question of who will be eligible to participate in the transition process — due to be discussed at Saturday’s meeting in Vienna. Most opposition leaders, including those backed by the United States, have said they will not participate unless the timing of Assad’s departure is set. Government representatives fearful of their own futures are unlikely to participate in negotiations that begin with assurances of Assad’s departure. The outcome of the Vienna meeting will weigh heavily on both the tone and substance of the G-20 summit that begins the next day. Erdogan, who spoke by telephone with Obama this week, said Wednesday that his government is prepared to take unspecific “stronger steps” to support a safe zone where Syrian refugees from the fighting, as well as opposition combatants, can be protected from government airstrikes. He may find growing sympathy for his position among European governments anxious about the rising tide of refugees from the conflict pouring across their own borders.
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Still Secret: Second Circuit Keeps More Drone Memos From the Public | Just Security - 0 views

www.justsecurity.org/...ret-circuit-drone-memos-public tyranny secret-law targeted-killing OLC-opinions FOIA litigation
shared by Paul Merrell on 01 Dec 15 - No Cached
  • Secret law has been anathema to our democracy since its Founding, but a federal appeals court just gave us more of it.
  • We might forgive the citizenry’s confusion, though, in attempting to square those principles with the decision by the Second Circuit Court of Appeals, published yesterday, holding that the government may continue to keep secret nine legal memoranda by the Justice Department’s Office of Legal Counsel analyzing the legality of targeted killings carried out by the US government. It was just more than a year ago that the same panel of the same court ordered the government to disclose key portions of a July 2010 OLC memorandum that authorized the targeted killing of an American citizen in Yemen. At the time, the court’s opinion seemed to promise at least a partial solution to a problem straight (as the district court in the same case put it) from Alice in Wonderland: that [a] thicket of laws and precedents … effectively allow the Executive Branch of our Government to proclaim as perfectly lawful certain actions that seem on their face incompatible with our Constitution and laws, while keeping the reasons for its conclusion a secret.
  • Yesterday’s opinion retreats from that promise by keeping much of the government’s law of the targeted killing program secret. (In this and two other cases, the ACLU continues to seek more than 100 other legal memoranda authored by various agencies concerning targeted killing.) It does so in two ways that warrant attention. First, the court suggests that OLC merely gives advice to executive branch agencies, and that OLC’s legal memoranda do not establish the “working law” of the government because agencies might not “adopt” the memoranda’s legal analysis as their own. This argument is legally flawed and, moreover, it flies in the face of the public evidence concerning how the executive branch treats opinions issued by OLC. In an OLC memorandum published, ironically or not, the same day (July 16, 2010) and over the same signature (David Barron’s) as the targeted killing memorandum released at the Second Circuit’s behest last year, the OLC explains that its “central function” is to provide “controlling legal advice to Executive Branch officials.” And not even two weeks ago, the acting head of the OLC told the public that even informally drafted legal advice emanating from his office is “binding by custom and practice in the executive branch,” that “[i]t’s the official view of the office, and that “[p]eople are supposed to and do follow it.”
  • ...2 more annotations...
  • But that’s not what the government told the Second Circuit, and it’s not what the Second Circuit has now suggested is the law. Second, the Second Circuit’s new opinion endorses the continued official secrecy over any discussion of a document that has supplied a purported legal basis for the targeted killing program since almost immediately after the September 11 attacks. The document — a September 17, 2001 “Memorandum of Notification” — is not much of a secret. The government publicly identified it in litigation with the ACLU eight years ago; the Senate Intelligence Committee cited it numerous times in its recent torture report; and the press frequently makes reference to it. Not only that, but the Central Intelligence Agency’s former top lawyer, John Rizzo, freely discussed it in his recent memoir. According to Rizzo, the September 17 MON is “the most comprehensive, most ambitious, most aggressive, and most risky” legal authorization of the last decade and a half — which is saying something. Rizzo explains that the MON authorizes targeted killings of suspected terrorists by the CIA, and in his new book, Power Wars, Charlie Savage reports that the MON is the original source of the controversial (and legally novel) “continuing and imminent threat” standard the government uses to govern the lethal targeting of individuals outside of recognized battlefields. The MON is also likely to have authorized an end run around the assassination “ban” in Executive Order 12333 — a legal maneuver that is discussed in, but almost entirely redacted from, an earlier OLC analysis of targeted killing.
  • In yesterday’s opinion, the Second Circuit upheld the government’s withholding of a 2002 OLC memorandum that “concerns Executive Order 12333,” which almost certainly analyzes the effect of the September 17 MON, as well as of five other memoranda that “discuss another document that remains entitled to protection.” If indeed that “document” is the MON, it would seem to be yet another case of what the DC Circuit pointedly criticized, in a 2013 opinion, as the granting of judicial “imprimatur to a fiction of deniability that no reasonable person would regard as plausible.” In that case, the DC Circuit went on to quote Justice Frankfurter: “‘There comes a point where … Court[s] should not be ignorant as judges of what [they] know as men’ and women.” Last year, the Second Circuit took that admonishment to heart when it published the July 2010 OLC memorandum. Unfortunately, yesterday, rather than once again opening the country’s eyes to the law our government is applying behind closed doors, the Second Circuit closed its own.
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US to keep 10 000 troops in Afghan: report - World News | IOL News | IOL.co.za - 0 views

www.iol.co.za/...ops-in-afghan-report-1.1430776 war & peace Obama Afghanistan campaign promises
shared by Paul Merrell on 29 Nov 12 - No Cached
  • The administration of President Barack Obama aims to keep around 10 000 US troops in Afghanistan after formal combat operations in that country end in 2014, The Wall Street Journal reported late on Sunday. Citing unnamed senior US officials, the newspaper said the plan was in line with recommendations presented by General John Allen, commander of US and international forces in Afghanistan, who has proposed a force between 6 000 and 15 000 US troops. This force will conduct training and counterterrorism operations after the NATO mission in Afghanistan formally concludes at the end of 2014, the report said.
  • Paul Merrell on 29 Nov 12
     
    Obama breaking his campaign promise to have all U.S. troops out of Afghanistan in 2014?
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US Presses Turkey to Stop Using Gold in Trade With Iran -- News from Antiwar.com - 0 views

news.antiwar.com/...-using-gold-in-trade-with-iran war & peace settlement currency gold standard Turkey Iran
shared by Paul Merrell on 06 Dec 12 - No Cached
  • US sanctions against Iran are turning into a major humanitarian problem. causing major hardship for average Iranians and medicine shortages in hospitals. Each week the US imposes more sanctions on commerce, forcing Iranians to find new ways to keep vital goods flowing.
  • So late last week, hopeful to keep getting paid for natural gas exports to major trading partner Turkey and facing banking sanctions that make any trade in any government currency all but impossible, Iran started trading in gold with Turkey. Since gold is a physical currency and not a paper money, the US can’t really do anything about it. At least that’s what Iran and Turkey think. The US State Department is pretty sure they can, however, and is threatening Turkey over possible “sanctionable transactions.”
  • Energy Minister Taner Yildiz, fresh off his unsuccessful attempted visit to Iraqi Kurdistan, shrugged off the threat insisting that the US can’t sanction trades of gold for natural gas and that Turkey is just going to keep doing it no matter how much the US complains. The trade is several billion dollars, making gold an ideal means of exchange. Average Iranians dealing in smaller transactions don’t have this luxury, but they’re not giving up either, moving toward virtual currency Bitcoin. Since transaction in Bitcoin aren’t even hypothetically trackable, this makes them entirely unsanctionable. This is only an option for smaller deals, however, as the sum of all Bitcoins is far short of what would be needed for major international commerce.
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Connecting the Dots on PRISM, Phone Surveillance, and the NSA's Massive Spy Center | Th... - 0 views

www.wired.com/...nsa-prism-verizon-surveillance surveillance state NSA Gen. Alexander lies
shared by Paul Merrell on 17 Jun 13 - No Cached
  • As someone who has written many books and articles about the agency, I have seldom seen the NSA in such a state. Like a night prowler with a bag of stolen goods suddenly caught in a powerful Klieg light, it now finds itself under the glare of nonstop press coverage, accused of robbing the public of its right to privacy. Despite the standard denials from the agency’s public relations office, the documents outline a massive operation to secretly keep track of everyone’s phone calls on a daily basis – billions upon billions of private records; and another to reroute the pipes going in and out of Google, Apple, Yahoo, and the other Internet giants through Fort Meade – figuratively if not literally. 
  • But long before Edward Snowden walked out of the NSA with his trove of documents, whistleblowers there had been trying for years to bring attention to the massive turn toward domestic spying that the agency was making.
  • Without documents to prove their claims, the agency simply dismissed them as falsehoods and much of the mainstream press simply accepted that. “We don’t hold data on U.S. citizens,” Alexander said in a talk at the American Enterprise Institute last summer, by which time he had been serving as the head of the NSA for six years. Director of National Intelligence James Clapper made similar claims. At a hearing of the Senate Intelligence Committee last March, he was asked, “Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?” To which Clapper responded, “No, sir.” The documents released by Snowden, pointing to the nationwide collection of telephone data records and not denied by government officials, prove the responses untrue.
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  • The deception by General Alexander is especially troubling. In my new cover story for Wired’s July issue, which will be published online Thursday, I show how he has become the most powerful intelligence chief in the nation’s history. Never before has anyone in America’s intelligence sphere come close to his degree of power, the number of people under his command, the expanse of his rule, the length of his reign, or the depth of his secrecy. A four-star Army general, his authority extends across three domains: He is director of the world’s largest intelligence service, the National Security Agency; chief of the Central Security Service; and commander of the U.S. Cyber Command. As such, he has his own secret military, presiding over the Navy’s 10th Fleet, the 24th Air Force, and the Second Army.
  • Paul Merrell on 17 Jun 13
     
    Check the video on CSPAN  linked from the paragraph about NSA head General Keith Alexander's talk at the American Enterprise Institute. In response to a Fox News question, Alexander lied at length and in detail along the theme of "We don't hold data on U.S. citizens." With both Alexander and National Intelligence DIrector James Clapper both now caught flat-out lying about keeping records on Americans, why should any Executive Branch statements about the scope of their domestic spying be trusted in the least, given that any official statement on the topic would have to rely on information provided by these two men. We know that they are perfectly willing to lie to the public on that topic. 
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Does 2nd Amendment Confer an Individual Right to Bear Arms? - Tea Party Command Center - 0 views

teapartyorg.ning.com/...show 2nd-Ammendment second-amendment Natural-Rights USA-Constitution
shared by Gary Edwards on 01 Feb 13 - No Cached
  • 1. Barron v Baltimore (1833): held that the Bill of Rights applies directly to the federal government—not to state governments. In effect, the court ruled that states could infringe on the Bill of Rights since the Bill of Rights restrained only the federal government. (Don’t ask. I didn’t delve deeply into the reasoning behind this decision.)
    • Gary Edwards
      Gary Edwards on 01 Feb 13
       
      Nonsense!  The No Religious Test Clause of the United States Constitution is found in Article VI, paragraph 3, and states that: "The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States." Furthermore, all federal, state, and local officials must take an oath to support the Constitution. This means that state governments and officials cannot take actions or pass laws that interfere with the Constitution, laws passed by Congress, or treaties.
  • 2. Nunn v State of Georgia (1846): held that “the right of the people to keep and bear arms shall not be infringed” and that “the right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the militia, shall not be infringed, curtailed or broken in upon in the smallest degree.”
  • 11. District of Columbia v Heller (2008): the court ruled that the Cruikshank decision failed to properly weigh 14th Amendment protections and that “the inherent right of self-defense has been central to the Second Amendment right.”
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  • McDonald v City of Chicago ensured that the full force of the 2nd Amendment extended to all localities as well.
  • But, what’s behind the McDonald challenge? In short, the Illinois state constitution states that “Subject only to the police power, the right of the individual citizen to keep and bear arms shall not be infringed.”
  • no discussion of the 2nd Amendment can be properly wrapped up without this incisive quote from Thomas Jefferson: “False is the idea of utility that sacrifices a thousand real advantages for one imaginary of trifling inconvenience; that would take fire from men because it burns, and water because one may drown in it; that has no remedy for evil, except destruction. The laws that forbid the carrying of arms are laws of such nature…Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man…”
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Snooper's charter has practically zero chance of becoming law, say senior MPs | UK news... - 0 views

www.guardian.co.uk/...oopers-charter-zero-chance-law surveillance state UK EU NSA-blowback cloud computing
shared by Paul Merrell on 27 Jun 13 - No Cached
  • The chances of Theresa May reintroducing her "snooper's charter" communications data bill are practically zero in the wake of the Guardian's disclosures on the scale of internet surveillance, leading Tory and Labour civil liberties campaigners have said.David Davis, a former contender for Conservative leadership, and Tom Watson, the Labour deputy chair, both said on Thursday they felt there had been a change in the atmosphere at Westminster compared with the "great rush" to legislate in the immediate aftermath of the Woolwich murder of Drummer Lee Rigby.Both MPs said the disclosure of the mass harvesting of personal communications, including internet data, by the American National Security Agency and Britain's eavesdropping agency, GCHQ, had shown that the existing UK regulatory framework was completely ineffective.Davis said in particular that GCHQ's Tempora operation, which harvests global phone and internet traffic by tapping into the transatlantic fibre-optic cables, had "put up a big red flag" indicating it was time to think again from scratch about the legal oversight arrangements.
  • He said it was necessary to look at ways of rewriting the Regulation of Investigatory Powers Act 2000, which sets out the legal oversight arrangements for the interception and surveillance of communications.But the former shadow home secretary and staunch Eurosceptic also praised the efforts of Viviane Reding, the EU commissioner for justice, who wrote to the foreign secretary, William Hague, on Wednesday giving him until the end of the week to answer the charge that the fundamental rights of citizens across Europe were being flouted."I hope that Viviane Reding keeps up the pressure. This is the only time you will hear me say that the European Union might be the answer," said Davis.Watson said he shared Davis's analysis of the poor prospects for the reintroduction of May's communications data bill, which would require internet and phone companies to store for up to 12 months data tracking everyone's use of email, phone and internet.
  • The meeting heard from surveillance experts Casper Bowden, a former chief privacy adviser to Microsoft, and solicitor/advocate, Simon McKay. Bowden said a huge debt was owed to Snowden, who had made the most important disclosures about surveillance for more than 25 years.He said the disclosures had serious implications for the corporate and individual stampede towards the use of "cloud computing" storage, much of which was housed in the US. He said that there was a real danger now that Britain would be left in an exposed position, with the rest of Europe not willing to allow their data to be stored through the UK. "Keep your cloudbase close and local and Keep it in your jurisdiction," he said, adding that encryption was very limited as a defence.Bowden, who has worked as an adviser to the EU on its new data protection directive, which has yet to come into force principally because of British opposition, said he had secured an amendment giving protection for whistleblowers.He had also argued for a warning "pop-up" to be required when data was being transferred outside the EU's borders.
  • Paul Merrell on 27 Jun 13
     
    Finally, acknowledgement that the growth of the cloud computing industry will likely be affected greatly by disclosures of widespread US and UK storage and surveillance of digital data. But will this be enough to turn cloud computing companies into staunch advocates of reining in the NSA and GCHQ? Note that the emerging E.U. position creates an economic advantage for cloud computing companies with their server farms located in the E.U. (likely excluding the UK). 
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Microsoft Says U.S. Is Abusing Secret Warrants - 0 views

theintercept.com/...u-s-is-abusing-secret-warrants surveillance state Microsoft DoJ litigation 4th-Amendment 1st Amendment gag-orders
shared by Paul Merrell on 16 Apr 16 - No Cached
  • “WE APPRECIATE THAT there are times when secrecy around a government warrant is needed,” Microsoft President Brad Smith wrote in a blog post on Thursday. “But based on the many secrecy orders we have received, we question whether these orders are grounded in specific facts that truly demand secrecy. To the contrary, it appears that the issuance of secrecy orders has become too routine.” With those words, Smith announced that Microsoft was suing the Department of Justice for the right to inform its customers when the government is reading their emails. The last big fight between the Justice Department and Silicon Valley was started by law enforcement, when the FBI demanded that Apple unlock a phone used by San Bernardino killer Syed Rizwan Farook. This time, Microsoft is going on the offensive. The move is welcomed by privacy activists as a step forward for transparency — though it’s also for business reasons.
  • Secret government searches are eroding people’s trust in the cloud, Smith wrote — including large and small businesses now keeping massive amounts of records online. “The transition to the cloud does not alter people’s expectations of privacy and should not alter the fundamental constitutional requirement that the government must — with few exceptions — give notice when it searches and seizes private information or communications,” he wrote. According to the complaint, Microsoft received 5,624 federal demands for customer information or data in the past 18 months. Almost half — 2,576 — came with gag orders, and almost half of those — 1,752 — had “no fixed end date” by which Microsoft would no longer be sworn to secrecy. These requests, though signed off on by a judge, qualify as unconstitutional searches, the attorneys argue. It “violates both the Fourth Amendment, which affords people and businesses the right to know if the government searches or seizes their property, and the First Amendment, which enshrines Microsoft’s rights to talk to its customers and to discuss how the government conducts its investigations — subject only to restraints narrowly tailored to serve compelling government interests,” they wrote.
  • Paul Merrell on 16 Apr 16
     
    The Fourth Amendment argument that people have a right to know when their property has been searched or seized is particularly interesting to me. If adopted by the Courts, that could spell the end of surveillance gag orders. 
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US Will Keep Ground Troops In Libya For 'Foreseeable Future' - 0 views

www.mintpressnews.com/...226285 war & peace U.S.-foreign-policy Libya ground-troops
shared by Paul Merrell on 26 Mar 17 - No Cached
  • In a press briefing at the Pentagon today, African Command leader Gen. Thomas Waldhauser announced that the US intends to keep ground troops in Libya for the foreseeable future to support “friendly forces,” and to “degrade” the ISIS forces that remain in the country. Waldhauser did not specify how many US troops are in Libya now, or how many will stay, but did estimate that there were less than 200 ISIS fighters left in Libya. The US had announced the end of the anti-ISIS campaign in Libya back in December, but never fully withdrew from the country. The US forces were in Libya trying to help the “unity” government defeat ISIS in the city of Sirte. US officials repeatedly claimed the city was totally surrounded, and that no ISIS fighters would get away, though when the fighting finally ended, a substantial number of ISIS fighters did in fact get away.
  • Waldhauser hinted that the US operations in Libya would primarily be airstrikes going forward, saying that the US needs to have troops on the ground for “precision airstrikes” and “close-air support operations.” He added that the last US airstrikes, in January, involved US troops meeting face-to-face with allies on coordinating the strikes.
  • Paul Merrell on 26 Mar 17
     
    Odd. Someone told me we the U.S. had won the Libyan War.
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