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US General Says Venezuela Coup Possible, Denies Involvement | News | teleSUR - 0 views

www.telesurtv.net/...Involvement-20150313-0005.html war & peace Venezuela U.S.-foreign-policy coup SouthCom Kelly
shared by Paul Merrell on 15 Mar 15 - No Cached
  • The high-ranking military official has made confusing statements about possible U.S. involvement in coup plans in Venezuela. Contrary to the statements by White House and State Department officials, the head of U.S. Sourthern Command said Thursday that an unconstitutional change in government could be planned for Venezuela. “A coup? You know, I don't know anyone that would want to take that mess over, but it might be that we see, whether it's at the end of his term or whatever, I wouldn't say -- I wouldn't (say) necessarily a coup, but there might be with -- the same ruling party … some arrangements to change leadership,” said Marine General John Kelly, Commander of U.S. Southern Command. The Southern Command, or Southcom, is a joint command of the Army, Navy, Air Force, Marine Corps, Coast Guard, and several other U.S. federal agencies, with more than 1,200 military and civilian personnel. It is responsible for military planning and operations in Latin America and the Caribbean.
  • The Venezuelan government has claimed, and shown proof, of thwarting a plan to overthrow it. The goverment says opposition leaders worked together with members of the Venezuelan navy and U.S. embassy offiicals. To date, U.S. officials have denied their involvement in such plans. The U.S. military leader continued with statements denying involvement in or knowledge of any coup plans. “I’m certainly not involved in any way, shape or form with coup planning. I don't know anyone who is. And I probably would know if someone was,” Kelly said in a press gathering speaking about Soutcom's 2015 Posture Statement to Congress. “And as far as the Air Force -- or, they claimed it was a U.S. Air Force pilot. This would really be a question for the State Department. But I believe it was a U.S. pilot,” he continued, referring to Venezuela detaining a U.S. pilot and accusing him of spying and recruiting Venezuelans to join the coup plot.
  • In the statement, Southcom identifies regional organizations such as the Community of Latin American and Caribbean States (CELAC) and the Bolivarian Allliance for our Americas (ALBA) as “challenges … which deliberately exclude the United States and seek to limit (the United States') role in the hemisphere.” On Monday, U.S. President Barack Obama issued an executive order declaring Venezuela an “unusual and extraordinary threat to the national security and foreign policy of the United States.” Venezuelan and Latin American leaders have blasted the declaration as a form of U.S. intervention in the internal affairs of Latin American countries.
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Lawmakers Say TPP Meetings Classified To Keep Americans in the Dark | Global Research - 0 views

www.globalresearch.ca/...5437233 U.S.-foreign-policy trade agreements TPP secrecy Congress
shared by Paul Merrell on 17 Mar 15 - No Cached
  • US Trade Representative Michael Froman is drawing fire from Congressional Democrats for the Obama adminstration’s continued imposition of secrecy surrounding the Trans-Pacific Parternship. (Photo: AP file) Democratic lawmaker says tightly-controlled briefings on Trans-Pacific Partnership deal are aimed at keeping US constituents ignorant about what’s at stake Lawmakers in Congress who remain wary of the Trans-Pacific Partnership (TPP) trade agreement are raising further objections this week to the degree of secrecy surrounding briefings on the deal, with some arguing that the main reason at least one meeting has been registered “classified” is to help keep the American public ignorant about giveaways to corporate interests and its long-term implications.
  • As The Hill reports: Members will be allowed to attend the briefing on the proposed trade pact with 12 Latin American and Asian countries with one staff member who possesses an “active Secret-level or high clearance” compliant with House security rules. Rep. Rosa DeLauro (D-Conn.) told The Hill that the administration is being “needlessly secretive.” “Even now, when they are finally beginning to share details of the proposed deal with members of Congress, they are denying us the ability to consult with our staff or discuss details of the agreement with experts,” DeLauro told The Hill. Rep. Lloyd Doggett (D-Texas) condemned the classified briefing. “Making it classified further ensures that, even if we accidentally learn something, we cannot share it. What is [Froman]working so hard to hide? What is the specific legal basis for all this senseless secrecy?” Doggett said to The Hill. “Open trade should begin with open access,” Doggett said. “Members expected to vote on trade deals should be able to read the unredacted negotiating text.”
  • “I’m not happy about it,” Rep. Alan Grayson (D-Fla.) told the Huffington Post, referring to the briefing with Froman and Labor Secretary Thomas Perez on Wednesday. The meeting—focused on the section of the TPP that deals with the controversial ‘Investor-State Dispute Settlement’ (ISDS) mechanism—has been labeled “classified,” so that lawmakers and any of their staff who attend will be barred, under threat of punishment, of revealing what they learn with constituents or outside experts. According to the Huffington Post: ISDS has been part of U.S. free trade agreements since NAFTA was signed into law in 1993, and has become a particularly popular tool for multinational firms over the past few years. But while the topic remains controversial, particularly with Democrats, many critics of the administration emphasize that applying national security-style restrictions on such information is an abuse of the classified information system. An additional meeting earlier on Wednesday on currency manipulation with Froman and Treasury Secretary Jack Lew is not classified.
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  • Among its other critics, Sen. Elizabeth Warren has slammed the idea of ISDS provisions as a surrender of democratic ideals to corporate interests. According to Warren, ISDS would simply “tilt the playing field in the United States further in favor of big multinational corporations.” By having unchallenged input on secretive TPP talks, Warren argued last month, these large companies and financial interests “are increasingly realizing this is an opportunity to gut U.S. regulations they don’t like.” According to Grayson, putting Wednesday’s ISDS briefing in a classified setting “is part of a multi-year campaign of deception and destruction. Why do we classify information? It’s to keep sensitive information out of the hands of foreign governments. In this case, foreign governments already have this information. They’re the people the administration is negotiating with. The only purpose of classifying this information is to keep it from the American people.”
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Federal Chief Information Officers (CIO) Council Wins Rosemary Award - 0 views

www2.gwu.edu/...20150318 Hillary Auction 2016 email-scandal State-Dept. gov't.-CIOs
shared by Paul Merrell on 19 Mar 15 - No Cached
  • Hillary Clinton E-Mail Controversy Illuminates Government-Wide Failure National Security Archive Lawsuit Established E-Mails as Records in 1993 CIO Council Repeats as Rosemary "Winner" for Doubling Down On "Lifetime Failure" Only White House Saves Its E-Mail Electronically, Agencies No Deadline Until 2016
  • The Federal Chief Information Officers (CIO) Council has won the infamous Rosemary Award for worst open government performance of 2014, according to the citation published today by the National Security Archive at www.nsarchive.org. The National Security Archive had hoped that awarding the 2010 Rosemary Award to the Federal Chief Information Officers Council for never addressing the government's "lifetime failure" of saving its e-mail electronically would serve as a government-wide wakeup call that saving e-mails was a priority. Fallout from the Hillary Clinton e-mail debacle shows, however, that rather than "waking up," the top officials have opted to hit the "snooze" button. The Archive established the not-so-coveted Rosemary Award in 2005, named after President Nixon's secretary, Rose Mary Woods, who testified she had erased 18-and-a-half minutes of a crucial Watergate tape — stretching, as she showed photographers, to answer the phone with her foot still on the transcription pedal. Bestowed annually to highlight the lowlights of government secrecy, the Rosemary Award has recognized a rogue's gallery of open government scofflaws, including the CIA, the Treasury Department, the Air Force, the FBI, the Justice Department, and Director of National Intelligence James Clapper.
  • Chief Information Officer of the United States Tony Scott was appointed to lead the Federal CIO Council on February 5, 2015, and his brief tenure has already seen more references in the news media to the importance of maintaining electronic government records, including e-mail, and the requirements of the Federal Records Act, than the past five years. Hopefully Mr. Scott, along with Office of Management & Budget Deputy Director for Management Ms. Beth Cobert will embrace the challenge of their Council being named a repeat Rosemary Award winner and use it as a baton to spur change rather than a cross to bear.
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  • Many on the Federal CIO Council could use some motivation, including the beleaguered State Department CIO, Steven Taylor. In office since April 3, 2013, Mr. Taylor is in charge of the Department's information resources and IT initiatives and services. He "is directly responsible for the Information Resource Management (IRM) Bureau's budget of $750 million, and oversees State's total IT/ knowledge management budget of approximately one billion dollars." Prior to his current position, Taylor served as Acting CIO from August 1, 2012, as the Department's Deputy Chief Information Officer (DCIO) and Chief Technology Officer of Operations from June 2011, and was the Program Director for the State Messaging and Archival Retrieval Toolset (SMART). While Hillary Clinton repeatedly claimed that because she sent her official e-mail to "government officials on their State or other .gov accounts ... the emails were immediately captured and preserved," a recent State Department Office of Inspector General report contradicts claims that DOS' e-mail archiving system, ironically named SMART, did so.
  • The report found that State Department "employees have not received adequate training or guidance on their responsibilities for using those systems to preserve 'record emails.'" In 2011, while Taylor was State's Chief Technology Officer of Operations, State Department employees only created 61,156 record e-mails out of more than a billion e-mails sent. In other words, roughly .006% of DOS e-mails were captured electronically. And in 2013, while Taylor was State's CIO, a paltry seven e-mails were preserved from the Office of the Secretary, compared to the 4,922 preserved by the Lagos Consulate in Nigeria. Even though the report notes that its assessments "do not apply to the system used by the Department's high-level principals, the Secretary, the Deputy Secretaries, the Under Secretaries, and their immediate staffs, which maintain separate systems," the State Department has not provided any estimation of the number of Clinton's e-mails that were preserved by recipients through the Department's anachronistic "print and file" system, or any other procedure.
  • The unfortunate silver lining of Hillary Clinton inappropriately appropriating public records as her own is that she likely preserved her records much more comprehensively than her State Department colleagues, most of whose e-mails have probably been lost under Taylor's IT leadership. 2008 reports by CREW, right, and the GAO, left, highlighted problems preserving e-mails. Click to enlarge. The bigger issue is that Federal IT gurus have known about this problem for years, and the State Department is not alone in not having done anything to fix it. A 2008 survey by Citizens for Responsibility and Ethics in Washington (CREW) and OpenTheGovernment.org did not find a single federal agency policy that mandates an electronic record keeping system agency-wide. Congressional testimony in 2008 by the Government Accountability Office indicted the standard "print and file" approach by pointing out:
  • 2011- the Justice Department (for doing more than any other agency to eviscerate President Obama's Day One transparency pledge through pit-bull whistleblower prosecutions, recycled secrecy arguments in court cases, retrograde FOIA regulations, and mixed FOIA responsiveness) 2010 - the Federal Chief Information Officers' Council (for "lifetime failure" to address the crisis in government e-mail preservation) 2009 - the FBI (for having a record-setting rate of "no records" responses to FOIA requests) 2008 - the Treasury Department (for shredding FOIA requests and delaying responses for decades) 2007 - the Air Force (for disappearing its FOIA requests and having "failed miserably" to meet its FOIA obligations, according to a federal court ruling) 2006 - the Central Intelligence Agency (for the biggest one-year drop-off in responsiveness to FOIA requests yet recorded).
  • Troublingly, current Office of Management and Budget guidance does not require federal agencies to manage "all email records in an electronic format" until December 31, 2016. The only part of the federal government that seems to be facing up to the e-mail preservation challenge with any kind of "best practice" is the White House, where the Obama administration installed on day one an e-mail archiving system that preserves and manages even the President's own Blackberry messages. The National Security Archive brought the original White House e-mail lawsuit against President Reagan in early 1989, and continued the litigation against Presidents George H.W. Bush and Bill Clinton, until court orders compelled the White House to install the "ARMS" system to archive e-mail. The Archive sued the George W. Bush administration in 2007 after discovering that the Bush White House had junked the Clinton system without replacing its systematic archiving functions. CREW subsequently joined this suit and with the Archive negotiated a settlement with the Obama administration that included the recovery of as many as 22 million e-mails that were previously missing or misfiled.
  • s a result of two decades of the Archive's White House e-mail litigation, several hundred thousand e-mails survive from the Reagan White House, nearly a half million from the George H.W. Bush White House, 32 million from the Clinton White House, and an estimated 220 million from the George W. Bush White House. Previous recipients of the Rosemary Award include: 2013 - Director of National Intelligence James Clapper (for his "No, sir" lie to Senator Ron Wyden's question: "Does the NSA collect any type of data at all on millions or hundreds of millions of Americans?") 2012 - the Justice Department (in a repeat performance, for failing to update FOIA regulations to comply with the law, undermining congressional intent, and hyping its open government statistics)
  • Rogue Band of Federal E-mail Users and Abusers Compounds Systemic Problems Former Secretary of State Hillary Clinton and other federal officials who skirt or even violate federal laws designed to preserve electronic federal records compound e-mail management problems. Top government officials who use personal e-mail for official business include: Clinton; former U.S. Ambassador to Kenya Scott Gration; chairman of the U.S. Chemical Safety Board Rafael Moure-Eraso; and former Secretary of State Colin Powell, who told ABC's This Week "I don't have any to turn over. I did not keep a cache of them. I did not print them off. I do not have thousands of pages somewhere in my personal files." Others who did not properly save electronic federal records include Environmental Protection Agency former administrator Lisa Jackson who used the pseudonym Richard Windsor to receive email; current EPA administrator Gina McCarthy, who improperly deleted thousands of text messages (which also are federal records) from her official agency cell phone; and former Internal Revenue Service official Lois Lerner, whose emails regarding Obama's political opponents "went missing or became destroyed."
  • "agencies recognize that devoting significant resources to creating paper records from electronic sources is not a viable long-term strategy;" yet GAO concluded even the "print and file" system was failing to capture historic records "for about half of the senior officials."
  • The destruction of other federal records was even more blatant. Jose Rodriguez, the former CIA official in charge of the agency's defunct torture program ordered the destruction of key videos documenting it in 2005, claiming that "the heat from destroying [the torture videos] is nothing compared to what it would be if the tapes ever got into the public domain;" Admiral William McRaven, ordered the immediate destruction of any emails about Operation Neptune Spear, including any photos of the death of Osama bin Laden ("destroy them immediately"), telling subordinates that any photos should have already been turned over to the CIA — presumably so they could be placed in operational files out of reach of the FOIA. These rogues make it harder — if not impossible — for agencies to streamline their records management, and for FOIA requesters and others to obtain official records, especially those not exchanged with other government employees. The US National Archives currently trusts agencies to determine and preserve e-mails which agencies have "deemed appropriate for preservation" on their own, often by employing a "print and file" physical archiving process for digital records. Any future reforms to e-mail management must address the problems of outdated preservation technology, Federal Records Act violators, and the scary fact that only one per cent of government e-mail addresses are saved digitally by the National Archive's recently-initiated "Capstone" program.
  • Paul Merrell on 19 Mar 15
     
    Complete with photos, names, titles, of the 41 federal department and independent agency CIOs. The March 2015 Insopector General report linked from the article belies Hillary Clinton's claim that all emails she sent to State Department staff had been preserved by the Department.   
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Interview with NSA Experts on US Spying in Germany - SPIEGEL ONLINE - 0 views

www.spiegel.de/...pying-in-germany-a-979215.html surveillance-state NSA Drake Radack Snowden
shared by Paul Merrell on 06 Jul 14 - No Cached
  • In a SPIEGEL interview, Edward Snowden's lawyer, Jesselyn Radack, and former NSA contractor Thomas Drake discuss the reasons behind the American spying agency's obssession with collecting data.
  • In a SPIEGEL interview, Edward Snowden's lawyer, Jesselyn Radack, and former NSA contractor Thomas Drake discuss the reasons behind the American spying agency's obssession with collecting data.
  • In its current issue, SPIEGEL conducted two interviews it hopes will contribute to the debate. The first is with two major critics of the NSA's work -- human rights activist and lawyer Jesselyn Radack, who represents Snowden, and former spy Thomas Drake. The second interview is with John Podesta, a special advisor to United States President Barack Obama.
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  • SPIEGEL: You yourself worked as a spy for the NSA. What made you become a whistleblower? Drake: It was only months after 9/11. Back then it became clear to me that in order to avoid another failure to protect people we just set aside the rules of law. The NSA violated our constitution by spying on its own people. Today, we have the greatest surveillance platform the world has ever seen. This is why I shudder. National security has become a state religion. They say they want to keep us safe, but from whom?
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Great Privacy Essay: Fourth Amendment Doctrine in the Era of Total Surveillance | CIO - 0 views

www.cio.com/...era-of-total-surveillance.html privacy the-Fourth-Amendment
shared by Gary Edwards on 04 Aug 14 - No Cached
  • Gary Edwards on 04 Aug 14
     
    "'Failing Expectations: Fourth Amendment Doctrine in the Era of Total Surveillance' is a thought-provoking essay written by a Fordham University law professor about how the reasonable expectation test for privacy is failing to protect us. Add into our networked world the third-party doctrine and we have little protection against unreasonable searches and seizures."
  • Paul Merrell on 05 Aug 14
     
    It doesn't detract substantially from the essay's central thesis, but an important part of the learned professor's heartfelt desires were delivered in a Supreme Court decision just decided, after the essay was published, Reilly v. California, http://www.supremecourt.gov/opinions/13pdf/13-132_8l9c.pdf The Court held in relevant part: "We also reject the United States' final suggestion that officers should always be able to search a phone's call log, as they did in Wurie's case. The Government relies on Smithv. Maryland, 442 U. S. 735 (1979), which held that no warrant was required to use a pen register at telephone company premises to identify numbers dialed by a particular caller. The Court in that case, however, concluded that the use of a pen register was not a "search" at all under the Fourth Amendment. See id., at 745-746. There is no dispute here that the officers engaged in a search of Wurie's cell phone. Moreover, call logs typically contain more than just phone numbers; they include any identifying information that an individual might add, such as the label "my house" in Wurie's case." The effect there was to confine Smith v. Maryland, the foundation of the third-party doctrine, to its particular facts. In other words, the third-party doctrine is now confined to connected telephone numbers, the connect time, and the duration of the call. If any other metadata is gathered, such as location data, the third-party doctrine no longer applies. When you read the rest of the Reilly decision, you see a unanimous Supreme Court shooting down one government defense after another that have been used in the NSA's defense to mass telecommunications surveillance. But most interestingly, the Court unmistakably has laid the groundwork for a later decision drastically cutting back on digital surveillance without a search warrant based on particularized probable cause to believe that evidence of a specific crime has occurred and that the requested sear
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Britain faces exposure over links to CIA secret torture sites | World news | The Observer - 0 views

www.theguardian.com/...r-links-to-cia-torture-flights war & peace CIA torture rendition UK Poland Diego-Garcia
shared by Paul Merrell on 05 Aug 14 - No Cached
  • US Senate report may confirm that Diego Garcia was used for extraordinary rendition after 9/11
  • The government stands accused of seeking to conceal Britain's role in extraordinary rendition, ahead of the release of a declassified intelligence report that exposes the use of torture at US secret prisons around the world.
  • Now, in a letter to the human rights group Reprieve, former foreign secretary William Hague has confirmed that the UK government has held discussions with the US about what it intends to reveal in the report which, according to al-Jazeera, acknowledges that the British territory of Diego Garcia was used for extraordinary rendition."We have made representations to seek assurances that ordinary procedures for clearance of UK material will be followed in the event that UK material provide[d] to the Senate committee were to be disclosed," Hague wrote.Cori Crider, a director at Reprieve, accused the UK government of seeking to redact embarrassing information: "This shows that the UK government is attempting to censor the US Senate's torture report. In plain English, it is a request to the US to keep Britain's role in rendition out of the public domain."
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  • Lawyers representing a number of terrorist suspects held at Guantánamo Bay believe their clients were rendered via Diego Garcia. Papers found in Libya indicated that the US planned to transport Abdul-Hakim Belhaj, an opponent of Muammar Gaddafi, and his wife via the territory, an atoll in the Indian Ocean leased by Britain to the US. The government has denied Belhaj was rendered via Diego Garcia, but there are suspicions that others were held on the atoll.Crider said the UK's attempts to lobby the US into redacting parts of the report "turns the government's defence in the Libyan renditions case of Abdul-Hakim Belhaj and his wife entirely on its head".The government has consistently sought to block Belhaj from bringing a case against it.
  • "The government protested America would be angered if this kidnap case ever went to trial – and now we learn the British government is leaning on the Americans not to air Britain's dirty laundry. It exposes their litigation stance as mere posturing," she added.Confirmation that a British territory was involved in extraordinary rendition could leave the government vulnerable to legal action. Last month the European court of human rights ruled that the Polish government actively assisted the CIA's European "black site" programme, which saw detainees interrogated in secret prisons across the continent.The court concluded it was "established beyond reasonable doubt" that Abu Zubaydah, a Guantánamo detainee the US mistakenly believed to be a senior member of al-Qaida, was flown from a secret site in Thailand to another CIA prison in Stare Kiejkuty in northern Poland.The judges concluded that not only was Poland "informed of and involved in the preparation and execution of the [High Value Detainee] Programme on its territory", but also "for all practical purposes, facilitated the whole process, created the conditions for it to happen and made no attempt to prevent it", prompting lawyers to ask what else it has been used for since.
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AP News : Both sides prepare for new Gaza war crimes probe - 0 views

m.apnews.com/...contentdetail.htm war & peace Israel Palestine Gaza ICC war crimes
shared by Paul Merrell on 05 Aug 14 - No Cached
  • In a replay of the last major Gaza conflict, human rights defenders are again accusing Israel and Hamas of violating the rules of war, pointing to what they say appear to be indiscriminate or deliberate attacks on civilians.In 2009, such war crimes allegations leveled by U.N. investigators - and denied by both sides at the time - never came close to reaching the International Criminal Court.Some Palestinians hope the outcome will be different this time, in part because President Mahmoud Abbas, as head of a U.N.-recognized state of Palestine, has since earned the right to turn directly to the court.Still, the road to the ICC, set up in 2002 to prosecute war crimes, is filled with formidable political obstacles.
  • Israel and the United States strongly oppose bringing any possible charges stemming from the Israeli-Palestinian conflict before the court, arguing such proceedings could poison the atmosphere and make future peace talks impossible.If Abbas seeks a war crimes investigation of Israel, he could lose Western support and expose Hamas - a major Palestinian player - to the same charges.
  • Unlike in 2009, Abbas has the option of turning to the court directly because of the upgrade in legal standing awarded by the U.N. General Assembly in 2012. At the time, the assembly recognized "Palestine" in the West Bank, Gaza and east Jerusalem as a non-member observer state, meeting the ICC requirement of accepting requests for jurisdiction from states over crimes committed in their territory.After 20 years of failed negotiations with Israel, many Palestinians believe the ICC offers the only opportunity to hold Israel accountable, not only for Gaza military operations, but for continued expansion of settlement-building on occupied lands. With daily scenes of Gaza carnage, the West Bank-based Abbas is under growing pressure to join the court.He still hesitates, because going after Israel at the ICC would signal a fundamental policy shift, instantly turning his tense relationship with Israel into a hostile one and creating a rift with the United States.
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  • He also has Hamas to consider, since action against Israel would likely trigger a war crimes investigation of Hamas as well. The Islamic militant group seized Gaza from Abbas in 2007, and relations between the two rivals remain tense. However, they reached a power-sharing agreement in the spring and Abbas does not want to return to confrontations with Hamas.Last week, Abbas told leaders of PLO factions in the West Bank that he would only turn to the ICC if Hamas agrees, in writing. Abbas aide Saeb Erekat told The Associated Press on Monday that he put the request to the top Hamas leader in exile, Khaled Mashaal, in a meeting in Doha last week. Erekat said he was told that Hamas needs time to decide.
  • Paul Merrell on 05 Aug 14
     
    Some conflicting reports on Palestine taking Israel to the International Criminal Court charging war crimes. The conflict may be because of the different times they were published This article published yesterday says that Abbas said last week that he would only do so if Hamas agrees and said he was awaiting a decision by Hamas. But the Haaretz live blog on Gaza says that "Palestinian Foreign Minister Riad al-Malki says after meeting prosecutors at the International Criminal Court [today] that there was "clear evidence" that Israel committed war crimes in  Gaza." http://www.haaretz.com/news/diplomacy-defense/1.608928 So it sounds like Palestine has initiated the process at the ICC and that Hamas leadership has decided to accept the risk that they will face war crime charges themselves. If so, that's a strong sign that some nation has agreed to bankroll the Palestine government if the U.S. ends its aid to Palestine. Most likely Qatar from what I've read. The U.N. Human Rights Council has already launched its own investigation of potential war crimes committed during Israel's latest invasion of Gaza. An article passed by me sometime during the last 48 hours that quoted the Chief Prosecutor at the ICC to the effect that she would act if Palestine filed charges but said that "the ball is in Palestine's court." The ICC has been widely criticized for its preference of convicting the leaders of African nations rather than of caucasian nations. Given that circumstance, the Court of 15 judges may welcome the Palestinian opportunity to prove that it is willing to convict leaders of a non-African nation. Certainly, Israel's occupation and colonization of Palestine since hostilities ceased in 1967 offers more than fertile ground for such a case. I have to admit that I enjoy my mental picture of Benjamin Netanyahu in chains standing in the Court's dock in The Hague. 
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Frightening People into Silence by Andrew P. Napolitano -- Antiwar.com - 0 views

original.antiwar.com/...chilling-governmental-behavior surveillance state 1st Amendment chill Obama Holder Napolitano COINTELPRO
shared by Paul Merrell on 18 Jul 14 - No Cached
  • by Andrew P. Napolitano, July 17, 2014 Print This | Share This “Chilling” is the word lawyers use to describe governmental behavior that does not directly interfere with constitutionally protected freedoms, but rather tends to deter folks from exercising them. Classic examples of “chilling” occurred in the 1970s, when FBI agents and U.S. Army soldiers, in business suits with badges displayed or in full uniform, showed up at anti-war rallies and proceeded to photograph and tape record protesters. When an umbrella group of protesters sued the government, the Supreme Court dismissed the case, ruling that the protesters lacked standing – meaning, because they could not show that they were actually harmed, they could not invoke the federal courts for redress. Yet, they were harmed, and the government knew it. Years after he died, longtime FBI boss J. Edgar Hoover was quoted boasting of the success of this program. The harm existed in the pause or second thoughts that protesters gave to their contemplated behavior because they knew the feds would be in their faces – figuratively and literally. The government’s goal, and its limited success, was to deter dissent without actually interfering with it. Even the government recognized that physical interference with and legal prosecutions of pure speech are prohibited by the First Amendment. Eventually, when this was exposed as part of a huge government plot to stifle dissent, known as COINTELPRO, the government stopped doing it.
  • Until now. Now, the government fears the verbal slings and arrows of dissenters, even as the means for promulgating one’s criticisms of the government in general and of President Obama in particular have been refined and enhanced far beyond those available to the critics of the government in the 1970s. So, what has the Obama administration done to stifle, or chill, the words of its detractors? For starters, it has subpoenaed the emails and home telephone records of journalists who have either challenged it or exposed its dark secrets. Among those journalists are James Risen of The New York Times and my colleague and friend James Rosen of Fox News. This is more personal than the NSA spying on everyone, because a subpoena is an announcement that a specific person’s words or effects have been targeted by the government, and that person continues to remain in the government’s crosshairs until it decides to let go.
  • This necessitates hiring legal counsel and paying legal fees. Yet, the targeting of Risen and Rosen was not because the feds alleged that they broke the law – there were no such allegations. Rather, the feds wanted to see their sources and their means of acquiring information. What journalist could perform his work with the feds watching? The reason we have a First Amendment is to assure that no journalist would need to endure that.
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  • And just last week, Attorney General Eric Holder, while in London, opined that much of the criticism of Obama is based on race – meaning that if Obama were fully white, his critics would be silent. This is highly inflammatory, grossly misleading, patently without evidential support and, yet again, chilling. Tagging someone as a racist is the political equivalent of applying paint that won’t come off. Were the Democrats who criticized Attorney General Alberto Gonzales or Secretary of State Condoleezza Rice racists? Is it appropriate for government officials to frighten people into silence by giving them pause before they speak, during which they basically ask themselves whether the criticism they are about to hurl is worth the pain the government will soon inflict in retaliation? The whole purpose of the First Amendment is to permit, encourage and even foment open, wide, robust debate about the policies and personnel of the government. That amendment presumes that individuals – not the government – will decide what language to read and hear. Because of that amendment, the marketplace of ideas – not the government – will determine which criticisms will sink in and sting and which will fall by the wayside and be forgotten.
  • Surely, government officials can use words to defend themselves; in fact, one would hope they would. Yet, when the people fear exercising their expressive liberties because of how the governmental targets they criticize might use the power of the government to stifle them, we are no longer free. Expressing ideas, no matter how bold or brazen, is the personal exercise of a natural right that the government in a free society is powerless to touch, directly or indirectly. Yet, when the government succeeds in diminishing public discourse so that it only contains words and ideas of which the government approves, it will have succeeded in establishing tyranny. This tyranny – if it comes – will not come about overnight. It will begin in baby steps and triumph before we know it. Yet we do know that it already has begun.
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OPEC Unlikely to Cut Oil Production, Venezuela's PDVSA Predicts "Difficult Times Ahead"... - 0 views

venezuelanalysis.com/11043 war & peace oil OPEC Russia Venezuela
shared by Paul Merrell on 28 Nov 14 - No Cached
  • negotiations with Mexico, Russia and Saudi Arabia have failed to reach a joint pledge for OPEC nations to cut oil production. Ramirez, who was replaced as president of state-owned oil company PDVSA in September but continues to be Venezuela’s OPEC representative, met his counterparts on Tuesday in Vienna to kickstart the discussion on the plummeting price of oil before Thursday’s hugely significant OPEC summit. Between the United States shale boom and slower economic growth in Europe and China, the price of Venezuelan heavy crude dove from $99 per barrel in June to about $69 last week, prompting Ramirez’s diplomatic tour.
  • OPEC members Venezuela, Iraq, Ecuador, and Nigeria have all advocated for a cut in production as the quickest way to drive market prices back up. Statistics uphold this argument, considering OPEC estimations that global supply will exceed demand by more than 1 million barrels per day (bpd) in the first half of next year. But after Tuesday’s Vienna meeting Saudi Arabian Oil Minister Ali al-Naimi told reporters that the Gulf Cooperation Council (GCC), which includes Saudi Arabia, Kuwait, Qatar and the United Arab Emirates, had reached a “consensus” not to do so. Al-Naimi believes the twelve-nation OPEC group, of which Saudi Arabia is the largest producer, will follow suit. "We are very confident that OPEC will have a unified position,” he said, in reference to tomorrow’s summit. Meanwhile, Russia’s most influential oil official, state-firm Rosneft’s president Igor Sechin, surprised some and quelled rumors by announcing the largest producing non-OPEC nation had no intention of reducing their output, either. Not even, Sechin said, if oil “falls under $60 a barrel.”
  • The Russian company recently signed a contract with PDVSA for the purchase of 1.6 million tons of petroleum and 9 million tons of derivatives of crude over the next five years. While it makes sense that the GCC prioritize market share over barrel price, to a certain extent, Russian government coffers have already been hard hit by dropping prices, causing Sechin’s comment to raise some eyebrows. Indeed, many analysts claim the oil glut of the early 1980’s (which almost bankrupt Venezuela) contributed to the collapse of the Soviet Union.
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  • However, oil makes up 97 percent of Venezuela’s export earnings, and the market shift has already caused the country a 30 percent loss in foreign income, Maduro said last week. According to Reuters, PDVSA has put the possible sale of U.S. refinery Citgo Petroleum Corp back on the table. People close to the matter have reported that Lazard Ltd, the investment bank hired by PDVSA to explore the sale, has set a late-December deadline for new offers, despite Venezuelan finance minister ruling it out last month. Citgo runs three refineries in the United States, totaling an estimated value of up to $10 billion.
  • Paul Merrell on 28 Nov 14
     
    The headscratcher for me in this article is Russia's position that it will maintain production even if crude oil prices drop below $60 per barrel. The dropping price has delivered a huge hit on the Russian economy already. These factors cause me to wonder if China has pledged funds to help Russia ride out the U.S./GCC assault on oil prices.  
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Udall: 'All options' on table with CIA report | TheHill - 0 views

thehill.com/...tions-on-table-with-cia-report war & peace torture Senate-Intelligence_Committee-Report Udall
shared by Paul Merrell on 14 Nov 14 - No Cached
  • Outgoing Sen. Mark Udall (D-Colo.) said he is keeping "all options on the table" when it comes to publicly releasing the Senate's report on the CIA's now-defunct interrogation program. Following Udall's reelection loss earlier this month, a number of advocates floated the idea of Udall publicly revealing sections of the classified report on the Senate floor before the end of the year. ADVERTISEMENT"I mean I'm going to keep all options on the table," he told The Denver Post on Thursday when asked specifically about the idea. While the plan is unlikely, there is some precedent. The Constitution gives immunity to senators engaging in speech and debate, whether or not they publicly reveal classified information. But Senate rules forbid those types of disclosure.  
  • Udall is a member of the Senate Intelligence Committee, which drafted the report. Portions of it, including the executive summary, are being redacted for release. But Udall and others have said the administration has been too heavy-handed in the editing process.  <A HREF="http://ws-na.amazon-adsystem.com/widgets/q?rt=tf_mfw&ServiceVersion=20070822&MarketPlace=US&ID=V20070822%2FUS%2Fthehill07-20%2F8001%2Fdffbe72d-f425-4b83-b07e-357ae9d405f6&Operation=NoScript">Amazon.com Widgets</A> "Transparency and disclosure are critical to the work of the Senate intelligence committee and our democracy, so I'm going to keep all options on the table to ensure the truth comes out," Udall said.Udall said an agreement on the release is close, which would make the revelation on the floor unnecessary. Chairwoman of the Intelligence Committee Dianne Feinstein (D-Calif.) told the newspaper the report is expected to be made public in the coming weeks.
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The fix is in: how banks allegedly rigged the US$5.3 trillion foreign exchange market |... - 0 views

nsnbc.me/...illion-foreign-exchange-market banksters fraud litigation settlements currency-exchange
shared by Paul Merrell on 15 Nov 14 - No Cached
  • Suppose you’re in the supermarket shopping for groceries. While you’re strolling the aisle with your cart, a shadowy figure looms over your shoulder and changes the prices on the items you want to buy before you get a chance to pick them up. As you reach for some vine tomatoes, you notice the price just jumped 20 cents. When you select some brie from among the cheeses, you witness the number on the sticker change right before your eyes. Ditto when you look for your favorite brand of granola.
  • This is the essence of what regulators learned might be happening in the foreign exchange market, where US$5.3 trillion of dollars, euros and yen are traded every day. In June 2013, Bloomberg reported that traders at some of the world’s biggest banks worked to manipulate key currency rates, racking up profits and costing investors – including your retirement fund – hundreds of millions of dollars globally. They are accused of placing their own transactions ahead of trades requested by clients – known as front-running – which was the reason prices kept changing as people tried to make their own trades, like in the shopping analogy above. They bought euros or dollars, driving up the rate, and then profited by selling to other investors at a higher level.
  • This week six of the currency-dealers being investigated – including JP Morgan, Citigroup and HSBC – agreed to pay a total of US$4.3 billion to regulators in the US, UK and Switzerland to resolve the allegations. The deal is likely only the first in a series of settlements and other penalties that will emerge from the ongoing investigations. The investors most concerned with the alleged manipulation are funds that invest internationally, such as hedge funds, the endowments of charitable or cultural institutions and insurance companies. But it also includes the mutual funds in which many of your 401K or IRA assets are likely invested.
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  • When institutions like these need to buy or sell assets across borders, they call a dealer at one of the big banks, which provides what is basically a wholesale version of the cambio currency kiosks you see at the airport. The dealer quotes a buying price and a selling price, and the fund chooses whether to buy or sell. In addition to trading with customers, the dealers trade among themselves, sometimes to manage their inventory and sometimes hoping to make money by taking speculative positions for a few minutes or even seconds. And that’s how we arrive at the scandal. Every day at 4pm in London, the market sets special “fixing” exchange rates that are used to value the funds’ international investments. The fixing price is set in a simple way: it’s just the average of all prices paid among dealing banks during the 30 seconds before and after the clock strikes 4. Many international fund managers prefer to trade currencies at exactly the fixing price because it’s simpler and smarter to trade at the same price used to value your portfolio. To make these transactions happen, international funds often place large orders with dealers at major banks before the fix.
  • Suppose, for example, a pension fund with major investments in Europe knows it will receive a lot of new IRA money on November 30, when many US employees get paid. And suppose the fund plans to invest €100 million of that in European stocks. At 3:30pm that day the fund might instruct its bank to purchase €100 million at the fixing price. With this kind of advance order, the bank could book its own trades before the fund does, buying the euros it will later sell to the investor.
  • The banks – or more accurately, specific dealers at specific banks – are accused of manipulating the fixing prices based on their knowledge of advance customer orders. In a nutshell, the accusation is that dealers from different banks got together before the fix and compared notes in chat rooms. Most currency trading is handled by 10 or so mega banks, so if just a few of them compared notes, they would have a good sense of whether the exchange rate would rise or fall during the fixing interval that day. The shadowy figure looking over your shoulder at the supermarket to see what you’re going to buy next is like the banks comparing their customer orders before the fix. To finish the supermarket analogy, we need to know how and why the dealing banks could raise the fixing rate to the disadvantage of international pension and mutual funds. Suppose once again that many customers have placed big orders to buy euros at the fix, and the banks figure the euro-dollar exchange rate will rise during the window. This would give them an incentive to buy a lot of euros before it’s set (remember the golden rule of trading: buy low, sell high).
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On Media Outlets That Continue to Describe Unknown Drone Victims As "Militants" - The I... - 0 views

firstlook.org/...nknown-drone-victims-militants war & peace pro-war-propanda drone attacks terrorists™
shared by Paul Merrell on 20 Nov 14 - No Cached
  • It has been more than two years since The New York Times revealed that “Mr. Obama embraced a disputed method for counting civilian casualties” of his drone strikes which “in effect counts all military-age males in a strike zone as combatants…unless there is explicit intelligence posthumously proving them innocent.” The paper noted that “this counting method may partly explain the official claims of extraordinarily low collateral deaths,” and even quoted CIA officials as deeply “troubled” by this decision: “One called it ‘guilt by association’ that has led to ‘deceptive’ estimates of civilian casualties. ‘It bothers me when they say there were seven guys, so they must all be militants. They count the corpses and they’re not really sure who they are.’” But what bothered even some intelligence officials at the agency carrying out the strikes seemed of no concern whatsoever to most major media outlets. As I documented days after the Times article, most large western media outlets continued to describe completely unknown victims of U.S. drone attacks as “militants”—even though they (a) had no idea who those victims were or what they had done and (b) were well-aware by that point that the term had been “re-defined” by the Obama administration into Alice in Wonderland-level nonsense.
  • A new article in The New Yorker by Steve Coll underscores how deceptive this journalistic practice is. Among other things, he notes that the U.S. government itself—let alone the media outlets calling them “militants”—often has no idea who has been killed by drone strikes in Pakistan. That’s because, in 2008, George W. Bush and his CIA chief, Gen. Michael Hayden, implemented “signature strikes,” under which “new rules allowed drone operators to fire at armed military-aged males engaged in or associated with suspicious activity even if their identities were unknown.” The Intercept previously reported that targeting decisions can even be made on the basis of nothing more than metadata analysis and tracking of SIM cards in mobile phones.
  • The journalist Daniel Klaidman has noted that within the CIA, they “sometimes call it crowd killing….  If you don’t have positive ID on the people you’re targeting with these drone strikes.” The tactic of drone-killing first responders and rescuers who come to the scene of drone attacks or even mourners at funerals of drone victims—used by the Obama administration and designated “terror groups” alike—are classic examples. Nobody has any real idea who the dead are, but they are nonetheless routinely called “militants” by the American government and media. As international law professor Kevin Jon Heller documented in 2012, “The vast majority of drone attacks conducted by the U.S. have been signature strikes—those that target ‘groups of men who bear certain signatures, or defining characteristics associated with terrorist activity, but whose identities aren’t known.’”
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California Tells Court It Can't Release Inmates Early Because It Would Lose Cheap Priso... - 0 views

thinkprogress.org/...-be-keeping-people-behind-bars
shared by Paul Merrell on 20 Nov 14 - No Cached
  • Out of California’s years-long litigation over reducing the population of prisons deemed unconstitutionally overcrowded by the U.S. Supreme Court in 2010, another obstacle to addressing the U.S. epidemic of mass incarceration has emerged: The utility of cheap prison labor. In recent filings, lawyers for the state have resisted court orders that they expand parole programs, reasoning not that releasing inmates early is logistically impossible or would threaten public safety, but instead that prisons won’t have enough minimum security inmates left to perform inmate jobs. The dispute culminated Friday, when a three-judge federal panel ordered California to expand an early parole program. California now has no choice but to broaden a program known as 2-for-1 credits that gives inmates who meet certain milestones the opportunity to have their sentences reduced. But California’s objections raise troubling questions about whether prison labor creates perverse incentives to keep inmates in prison even when they don’t need to be there.
  • The debate centers around an expansive state program to have inmates fight wildfires. California is one of several states that employs prison labor to fight wildfires. And it has the largest such program, as the state’s wildfire problem rapidly expands arguably because of climate change. By employing prison inmates who are paid less than $2 per day, the state saves some $1 billion, according to a recent BuzzFeed feature of the practice. California relies upon that labor source, and only certain classes of nonviolent inmates charged with lower level offenses are eligible for the selective program. They must then meet physical and other criteria. In exchange, they get the opportunity for early release, by earning twice as many credits toward early release as inmates in other programs would otherwise earn, known as 2-for-1 credits. In February, the federal court overseeing California’s prison litigation ordered the state to expand this 2-for-1 program to some other rehabilitation programs so that other inmates who exhibit good behavior and perform certain work successfully would also be eligible for even earlier release.
  • As has been California’s practice in this litigation, California didn’t initially take the order that seriously. It continued to work toward reducing its prison population. In fact, the ballot initiative passed by voters in November to reclassify several nonviolent felonies as misdemeanors will go a long way toward achieving that goal. But it insisted that it didn’t have to do it the way the court wanted it to, because doing so could deplete the state’s source of inmate firefighters. The incentives of this wildfire and other labor programs are seemingly in conflict with the goal of reducing U.S. reliance on mass incarceration. But the federal judges overseeing this litigation were nonetheless sensitive to the state’s need for inmate firefighters. That’s why they ordered the state to offer 2-for-1 credits only to those many inmates who weren’t eligible for the wildfire program. This way, inmates who were eligible would still be incentivized to choose fighting wildfires, while those that weren’t could choose other rehabilitative work programs to reduce their sentence.
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  • The Department of Corrections didn’t like this idea, either. It argued that offering 2-for-1 credits to any inmates who perform other prison labor would mean more minimum security inmates would be released earlier, and they wouldn’t have as large of a labor pool. They would still need to fill those jobs by drawing candidates who could otherwise work fighting wildfires, and would be “forced to draw down its fire camp population to fill these vital MSF [Minimum Support Facility] positions.” In other words, they didn’t want to have to hire full-time employees to perform any of the work that inmates are now performing. The plaintiffs had this to say in response: “Defendants baldly assert that if the labor pool for their garage, garbage, and city park crews is reduced, then ‘CDCR would be forced to draw-down its fire camp population to fill these vital MSF positions.’ That is a red herring; Defendants would not be ‘forced’ to do anything. They could hire public employees to perform tasks like garbage collection, garage work and recycling … ”
  • California Attorney General Kamala Harris told BuzzFeed News she was “shocked” to learn that the lawyers in her department had argued against parole credits because they wanted to retain their labor force. “I will be very candid with you, because I saw that article this morning, and I was shocked, and I’m looking into it to see if the way it was characterized in the paper is actually how it occurred in court,” Harris said in an interview with BuzzFeed published late Tuesday. “I was very troubled by what I read. I just need to find out what did we actually say in court.” Harris was referring to the Los Angeles Times’ report on the three-judge panel’s ruling, which included a line referencing that argument. While ThinkProgress does not know what lawyers for the state said in court, the written motions submitted in the litigation make very clear that the state did indeed argue against expanding the early release program on the basis that it would deplete the labor force.
  • Paul Merrell on 20 Nov 14
     
    In the land of the free and the home of the brave ...j California has been in deep judicial doo-doo because of massive prison overcrowding and years of ignoring federal court orders to drastically reduce its prison population, leading to a Supreme Court decision that basically said, "no more stalling." 
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President Obama's Statement on Keeping the Internet Open and Free - YouTube - 0 views

www.youtube.com/watch net-neutrality Obama
shared by Paul Merrell on 10 Nov 14 - No Cached
  • President Obama today urged the Federal Communications Commission (FCC) to take up the strongest possible rules to protect net neutrality, the principle that says Internet service providers (ISPs) should treat all internet traffic equally.
  • Paul Merrell on 10 Nov 14
     
    Obama statement today coming out for net neutrality in a big way. He asked FCC to reclassify all internet traffic under Title II. This follows by only a few days statements by Comcast and AT&T to the FCC that they have no plans to offer fast-lane service for a price. The only question left seems to be whether the FCC will do it.
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Exit South Stream, enter Turk Stream - RT Op-Edge - 0 views

rt.com/...turkey-russia-east-pipeline-eu war & peace Pipelinestan Russia Turkey EU energy
shared by Paul Merrell on 03 Dec 14 - No Cached
  • So the EU “defeated” Putin by forcing him to cancel the South Stream pipeline. Thus ruled Western corporate media. Nonsense. Facts on the ground spell otherwise. This “Pipelineistan” gambit will continue to send massive geopolitical shockwaves all across Eurasia for quite some time. In a nutshell, a few years ago Russia devised Nord Stream – fully operational – and South Stream – still a project – to bypass unreliable Ukraine as a gas transit nation. Now Russia devised a new deal with Turkey to bypass the “non-constructive” (Putin’s words) approach of the European Commission (EC). Background is essential to understand the current game. Five years ago I was following in detail Pipelineistan’s ultimate opera – the war between rival pipelines South Stream and Nabucco. Nabucco eventually became road kill. South Stream may eventually resurrect, but only if the EC comes to its senses (don’t bet on it.)
  • The 3,600 kilometer long South Stream should be in place by 2016, branching out to Austria and the Balkans/Italy. Gazprom owns 50 percent of it - along with Italy’s ENI (20 percent), French EDF (15 percent) and German Wintershall, a subsidiary of BASF (15 percent). As it stands these European energy majors are not exactly beaming – to say the least. For months Gazprom and the EC were haggling about a solution. But in the end Brussels predictably succumbed to its own. Russia still gets to build a pipeline under the Black Sea – but now redirected to Turkey and, crucially, pumping the same amount of gas South Stream would. Not to mention Russia gets to build a new LNG (liquefied natural gas) central hub in the Mediterranean. Thus Gazprom has not spent $5 billion in vain (finance, engineering costs). The redirection makes total business sense. Turkey is Gazprom’s second biggest customer after Germany. And much bigger than Bulgaria, Hungary, and Austria combined. Russia also advances a unified gas distribution network capable of delivering natural gas from anywhere in Russia to any hub alongside Russia’s borders.
  • And as if it was needed, Russia gets yet another graphic proof that its real growth market in the future is Asia, especially China – not a fearful, stagnated, austerity-devastated, politically paralyzed EU. The evolving Russia-China strategic partnership implies Russia as complementary to China, excelling in major infrastructure projects from building dams to laying out pipelines. This is business with a sharp geopolitical reach – not ideology-drenched politics.
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  • Turkey also made a killing. It’s not only the deal with Gazprom; Moscow will build no less than Turkey’s entire nuclear industry, apart from increased soft power interaction (more trade and tourism). Most of all, Turkey is now increasingly on the verge of becoming a full member of the Shanghai Cooperation Organization (SCO); Moscow is actively lobbying for it. This means Turkey acceding to a privileged position as a major hub simultaneously in the Eurasian Economic Belt and of course the Chinese New Silk Road(s). The EU blocks Turkey? Turkey looks east. That’s Eurasian integration on the move. Washington has tried very hard to create a New Berlin Wall from the Baltics to the Black Sea to “isolate” Russia. Now comes yet another Putin judo/chess/go counterpunch – which the opponent never saw coming. And exactly across the Black Sea. A key Turkish strategic imperative is to configure itself as the indispensable energy crossroads from East to West – transiting everything from Iraqi oil to Caspian Sea gas. Oil from Azerbaijan already transits Turkey via the Bill Clinton/Zbig Brzezinski-propelled BTC (Baku-Tblisi-Ceyhan) pipeline. Turkey would also be the crossroads if a Trans-Caspian pipeline is ever built (slim chances as it stands), pumping natural gas from Turkmenistan to Azerbaijan, then transported to Turkey and finally Europe.
  • So what Putin’s judo/chess/go counterpunch accomplished with a single move is to have stupid EU sanctions once again hurt the EU. The German economy is already hurting badly because of lost Russia business. The EC brilliant “strategy” revolves around the EU’s so-called Third Energy Package, which requires that pipelines and the natural gas flowing inside them must be owned by separate companies. The target of this package has always been Gazprom – which owns pipelines in many Central and Eastern European nations. And the target within the target has always been South Stream.
  • Now it’s up to Bulgaria and Hungary – which, by the way, have always fought the EC “strategy” – to explain the fiasco to their own populations, and to keep pressing Brussels; after all they are bound to lose a fortune, not to mention get no gas, with South Stream out of the picture. So here’s the bottom line; Russia sells even more gas – to Turkey; and the EU, pressured by the US, is reduced to dancing like a bunch of headless chickens in dark Brussels corridors wondering what hit them. The Atlanticists are back to default mode – cooking up yet more sanctions while Russia is set to keep buying more and more gold.
  • This is not the endgame – far from it. In the near future, many variables will intersect. Ankara’s game may change – but that’s far from a given. President Erdogan – the Sultan of Constantinople – has certainly identified a rival Caliph, Ibrahim of ISIS/ISIL/Daesh fame, trying to steal his mojo. Thus the Sultan may flirt with mollifying his neo-Ottoman dreams and steer Turkey back to its previously ditched “zero problems with our neighbors” foreign policy doctrine. The House of Saud is like a camel in the Arctic. The House of Saud’s lethal game in Syria always boiled down to regime change so a Saudi-sponsored oil pipeline from Syria to Turkey might be built – dethroning the proposed, $10 billion Iran-Iraq-Syria “Islamic” pipeline. Now the Saudis see Russia about to supply all of Turkey’s energy needs – and then some. And “Assad must go” still won’t go.
  • US neo-cons are also sharpening their spears. As soon as early 2015 there may be a Ukrainian Freedom Act approved by the US Congress. Translation: Ukraine as a “major US non-NATO ally” which means, in practice, a NATO annexation. Next step; more turbo-charged neo-con provocation of Russia. A possible scenario is vassal/puppies such as Romania or Bulgaria – pressed by Washington – deciding to allow full access for NATO vessels into the Black Sea. Who cares this would violate the current Black Sea agreements that affect both Russia and Turkey? And then there’s a Rumsfeldian “known unknown”; how the weak Balkans will feel subordinated to the whims of Ankara. As much as Brussels keeps Greece, Bulgaria and Serbia in a strait jacket, in energy terms they will start depending on Turkey’s goodwill. For the moment, let’s appreciate the magnitude of the geopolitical shockwaves. There will be more, when we least expect them.
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Justices back air marshal who blew whistle on cutbacks - 0 views

www.usatoday.com/...18462071 tyranny whistleblower-law litigation
shared by Paul Merrell on 08 Nov 14 - No Cached
  • A former air marshal who leaked information about agency cutbacks had a good day at the Supreme Court Tuesday, while the federal government he served had trouble convincing justices that he deserved to be fired.The result could turn out to be a rare court victory for government whistle-blowers who expose potential dangers to health or safety, even if the disclosures violate agency rules.Nearly all the justices appeared to agree that Robert MacLean was within his rights in 2003 when he leaked the fact that the Transportation Security Administration was taking air marshals off overnight flights. MacLean believed the action risked passengers' safety, and his leak to MSNBC prompted congressional criticism, leading the TSA to reverse itself.
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12-35924 :: Tomosaitis v. URS Inc. :: U.S. Court of Appeals for the Ninth Circuit :: U.... - 0 views

law.justia.com/...12-35924-2014-11-07.html whistleblower-law litigation whistleblower-rights constitutional law
shared by Paul Merrell on 08 Nov 14 - No Cached
  • Tomosaitis v. URS Inc.
  • Plaintiff filed suit against his employer (URS) and the DOE, alleging violations of the Energy Reorganization Act (ERA), 42 U.S.C. 5851(b)(4), whistleblower protection provision, and requested a jury trial. The district court partially dismissed the complaint, denied a jury trial, and granted summary judgment against plaintiff. The court held that before an employee may opt out of the agency process and bring a retaliation suit against a respondent in federal court, that respondent must have had notice of, and an opportunity to participate in, the agency action for one year. In this case, plaintiff's claim against DOE failed for lack of administrative exhaustion. The court concluded that the administrative exhaustion was sufficient as to URS E&C. The court affirmed the district court's dismissal of URS Corp. for lack of administrative exhaustion. The court also concluded that, since plaintiff has shown that his protected activity was a "contributing factor" in the adverse employment action he suffered, he has met his burden for establishing a prima facie case of retaliation under the ERA. Further, the evidence created a genuine issue of fact as to whether plaintiff's compensation, terms, conditions, or privileges of employment were affected by his transfer. The court reversed the grant of summary judgment to URS E&C for ERA whistleblower retaliation. Finally, the court held that plaintiff has a constitutional right to a jury trial for his claims seeking money damages against URS E&C and the court reversed the district court's ruling.
  • Paul Merrell on 08 Nov 14
     
    A big victory for whistle-blowers.  
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U.S. AWOL soldier André Shepherd: European Court of Justice Advocate General ... - 0 views

www.connection-ev.org/article-2035 war & peace ECJ war-crimes deserters asylum
shared by Paul Merrell on 12 Nov 14 - No Cached
  • In the legal case of U.S. AWOL soldier André Shepherd (37) the European Court of Justice Advocate General, Eleanor Sharpton, today published her final opinion. This official statement contains guiding deliberations for the interpretation of the so-called Qualification Directive of the European Union. Amongst other considerations, these rules state that those endangered by prosecution or punishment for refusal to perform military service involving an illegal war or commital of war crimes, should be protected by the European Union. André Shepherd, former U.S. Army helicopter mechanic in the Iraq War, during leave in Germany, left his unit and in 2008, requested asylum in that country. 2011, the German Federal Office for Migration and Refugees refused Shepherd's application. Shepherd's resulting court action challenge resulted in the Munich Administrative Court's asking for the opinion of the European Court in Luxemburg on significant questions concerning the interpretation of the Qualification Directive. The Justice Advocate General came to the following conclusions:
  • - The protection guaranteed by the Qualification Directive is also applicable to soldiers not directly involved in combat, when their duties could support war crimes. The German Federal Office for Migration and Refugees has as yet failed to respect this definition. - Within the asylum application process, a deserter is not obliged to prove that he was or could be involved in war crimes, as the German Federal Office for Migration and Refugees required. Necessary is only the evidence of war crime probability, based on past occurrences. - Even a U.N. mandate for a war, in which the deserter was, or could have been involved, cannot serve as grounds for rejection of his rights as a refugee. - The deserter must prove that he either had already been involved in a military service refusal case, or that for concrete reasons, he could not take advantage of this right. - In deciding the question, whether the military service objector is a member of a social or ethnic group as defined within the framework of E.U. Refugee Rights, the national authority should not only consider the degree and importance of his convictions, but also the degree of discrimination experienced in his own country.
  • - The national authorities must investigate whether the asylum applicant's membership in a social or ethnic group could in probability lead to discriminative treatment as the result of a military court action or even dishonorable discharge.
  • Paul Merrell on 12 Nov 14
     
    Big one from the Advocate Genereral of the European Court of Justice. The Court nearly always follows the opinion of the Advocate General. So members of the U.S. military may soon be able to desert the U.S. armed forces and find refuge in the E.U., free from fear of extradition by the U.S.   The Court's press release is here. http://goo.gl/nvKpfN (.) That page includes a link to the court's docket where the Advocate General's opinion is found and where the Court's judgment will appear when delivered.
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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.
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  • 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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A Year After Reform Push, NSA Still Collects Bulk Domestic Data, Still Lacks Way to Ass... - 0 views

firstlook.org/...lueless-much-good-surveillance surveillance state NSA-reform PCLOB implementations
shared by Paul Merrell on 02 Feb 15 - No Cached
  • 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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