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Report on the Free Flow of Information Act - 0 views

www.fas.org/...freeflow.html surveillance state s.987 press-shield-legislation
shared by Paul Merrell on 13 Nov 13 - No Cached
  • 113th Congress Report SENATE 1st Session 113-118 ====================================================================== FREE FLOW OF INFORMATION ACT OF 2013 _______ November 6, 2013.--Ordered to be printed _______ Mr. Leahy, from the Committee on the Judiciary, submitted the following R E P O R T together with ADDITIONAL AND MINORITY VIEWS [To accompany S. 987]
  • Senator Cornyn offered an amendment (ALB13708) that would ensure that all persons or entities that are protected under the Free Press Clause of the First Amendment are covered by the bill's privilege. The Committee rejected the amendment by a roll call vote. The vote record is as follows: Tally: 4 Yeas, 13 Nays, 1 Pass Yeas (4): Cornyn (R-TX), Lee (R-UT), Cruz (R-TX), Flake (R- AZ) Nays (13): Leahy (D-VT), Feinstein (D-CA), Schumer (D-NY), Durbin (D-IL), Whitehouse (D-RI), Klobuchar (D-MN), Franken (D- MN), Coons (D-DE), Blumenthal (D-CT), Hirono (D-HI), Grassley (R-IA), Hatch (R-UT), Graham (R-SC) Pass (1): Feinstein (D-CA)
  • ADDITIONAL MINORITY VIEWS FROM SENATORS CORNYN, SESSIONS, LEE, AND CRUZ On December 15, 1791, the United States of America ratified the Bill of Rights--the first ten amendments to the U.S. Constitution. The first among them states: ``Congress shall make no law . . . abridging the freedom . . . of the press[.]'' United States Constitution, amend. I. The freedom of the press does not discriminate amongst groups or individuals--it applies to all Americans. As the Supreme Court has long recognized, it was not intended to be limited to an organized industry or professional journalistic elite. See Branzburg v. Hayes, 408 U.S. 665, 704 (1972) (the ``liberty of the press is the right of the lonely pamphleteer who uses carbon paper or a mimeograph just as much as of the large metropolitan publisher who utilizes the latest photocomposition methods. Freedom of the press is a fundamental personal right[.]''); Lovell v. Griffin, 303 U.S. 444, 452 (1938) (``The liberty of the press is not confined to newspapers and periodicals. It necessarily embraces pamphlets and leaflets. . . . The press in its historic connotation comprehends every sort of publication which affords a vehicle of information and opinion.''). The Founders recognized that selectively extending the freedom of the press would require the government to decide who was a journalist worthy of protection and who was not, a form of licensure that was no freedom at all. As Justice White observed in Branzburg, administering a privilege for reporters necessitates defining ``those categories of newsmen who qualified for the privilege.'' 408 U.S. at 704 That inevitably does violence to ``the traditional doctrine that liberty of the press is the right of the lonely pamphleteer who uses carbon paper or a mimeograph just as much as of the large metropolitan publisher who utilizes the latest photocomposition methods.'' Id.
  • ...2 more annotations...
  • The First Amendment was adopted to prevent--not further-- the federal government licensing of media. See Lovell, 303 U.S. at 451 (striking an ordinance ``that . . . strikes at the very foundation of the freedom of the press by subjecting it to license and censorship. The struggle for the freedom of the press was primarily directed against the power of the licensor.''). But federal government licensing is exactly what the Free Flow of Information Act would create. The bill identifies favored forms of media--``legitimate'' press--by granting them a special privilege. That selective grant of privilege is inimical to the First Amendment, which promises all citizens the ``freedom of the press.'' See Branzburg, 408 U.S. at 704 (``Freedom of the press is a fundamental personal right[.]'') (emphasis added). It also threatens the viability of any other form of press. The specially privileged press will gain easier access to news. That will tip the scales against its competitors and make it beholden to the government for that competitive advantage. A law enacted to protect the press from the state will, in fact, make that press dependent upon the federal government--anything but free.
  • Proponents of this bill suggest that, because the Constitution does not provide a reporter's privilege, Congress's provision of a limited privilege cannot raise any constitutional concerns. Those proponents misunderstand--and thus run afoul of--the First Amendment. The First Amendment was adopted to prevent press licensure. While it does not create a ``reporter's privilege'' on its own, it abhors the selective grant of privilege to one medium over another. The American Revolution was stoked by renegade pamphleteers and town criers who used unlicensed presses to overthrow tyranny. Today, ``any person with a phone line can become a town crier with a voice that resonates farther than it could from any soapbox. Through the use of Web pages, mail exploders, and newsgroups, the same individual can become a pamphleteer.'' Reno v. Am. Civil Liberties Union, 521 U.S. 844, 870 (1997). If today's town crier or pamphleteer must meet a test set by the federal government to avail themselves of liberty, we have gone less far from tyranny than any of us want to admit. This bill runs afoul of the First Amendment to the United States Constitution and amounts to de facto licensing. It would weaken the newly-illegitimate press, render the specially privileged press supplicant to the federal government and ultimately undermine liberty. This legislation also raises a number of serious national security concerns, as discussed in the minority views authored by Senator Sessions. For these reasons, we oppose this bill. John Cornyn. Jeff Sessions. Michael S. Lee. Ted Cruz.
  • Paul Merrell on 13 Nov 13
     
    The Senate Committee on the Judiciary reports with a do-pass recommendation a bill to grant a "covered journalist" a limited testimonial privilege against revealing news sources. But the attempt to grant such a shield to mainstream media reporters not only runs afoul of the First Amendment as indicated by the quoted minority view, but also a denial of equal protection of the law for non-mainstream media investigators and lowly citizens. The core problem is the Supreme Court has invariably held that members of the press have no greater protection under the first amendment than the lowly pamphleteer, hence the denial of Equal Protection of the law in this legislation.  The legislation is in direct response to government surveillance of the press and reporters being required by the courts to reveal their sources of classified information. 
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Quitting Over Syria | The American Conservative - 0 views

www.theamericanconservative.com/...quitting-over-syria war & peace Syria WMD Obama lies
shared by Paul Merrell on 15 Nov 13 - No Cached
  • The release of the White House “Government Assessment” on August 30, providing the purported evidence to support a bombing attack on Syria, defused a conflict with the intelligence community that had threatened to become public through the mass resignation of a significant number of analysts. The intelligence community’s consensus view on the status of the Syrian chemical-weapons program was derived from a National Intelligence Estimate (NIE) completed late last year and hurriedly updated this past summer to reflect the suspected use of chemical weapons against rebels and civilians. The report maintained that there were some indications that the regime was using chemicals, while conceding that there was no conclusive proof. There was considerable dissent from even that equivocation, including by many analysts who felt that the evidence for a Syrian government role was subject to interpretation and possibly even fabricated. Some believed the complete absence of U.S. satellite intelligence on the extensive preparations that the government would have needed to make in order to mix its binary chemical system and deliver it on target was particularly disturbing. These concerns were reinforced by subsequent UN reports suggesting that the rebels might have access to their own chemical weapons. The White House, meanwhile, considered the somewhat ambiguous conclusion of the NIE to be unsatisfactory, resulting in considerable pushback against the senior analysts who had authored the report.
  • In a scenario unfortunately reminiscent of the lead up to Iraq, the National Security Council tasked the various intelligence agencies to beat the bushes and come up with more corroborative information. Israel obligingly provided what was reported to be interceptions of telephone conversations implicating the Syrian army in the attack, but it was widely believed that the information might have been fabricated by Tel Aviv, meaning that bad intelligence was being used to confirm other suspect information, a phenomenon known to analysts as “circular reporting.” Other intelligence cited in passing by the White House on the trajectories and telemetry of rockets that may have been used in the attack was also somewhat conjectural and involved weapons that were not, in fact, in the Syrian arsenal, suggesting that they were actually fired by the rebels. Also, traces of Sarin were not found in most of the areas being investigated, nor on one of the two rockets identified. Whether the victims of the attack suffered symptoms of Sarin was also disputed, and no autopsies were performed to confirm the presence of the chemical. 
  • With all evidence considered, the intelligence community found itself with numerous skeptics in the ranks, leading to sharp exchanges with the Director of Central Intelligence John Brennan and Director of National Intelligence James Clapper. A number of analysts threatened to resign as a group if their strong dissent was not noted in any report released to the public, forcing both Brennan and Clapper to back down. This led to the White House issuing its own assessment, completely divorcing the process from any direct connection to the intelligence community. The spectacle of CIA Director George Tenet sitting behind Secretary of State Colin Powell in the United Nations, providing him with credibility as Powell told a series of half-truths, would not be repeated. Philip Giraldi, a former CIA officer, is executive director of the Council for the National Interest.
  • Paul Merrell on 15 Nov 13
     
    More detail about backing up previous reports that the information supplied in the White House "Government Assessment of the Syrian Government's Use of Chemical Weapons on August 21, 2013" cooking of intelligence to justify missile strikes on Syria. Note that the same day the Assessment was published by the White House Offiice of the Press Secretary, active duty intelligence officials passed a message to Obama through veteran intelligence officers that the intelligence in the report was unreliable and that there was strong evidence that it was the "rebels" rather than Syrian government that had used sarin gas. http://www.globalresearch.ca/u-s-military-and-intelligence-officials-to-obama-assad-not-responsible-for-chemical-attack/5348576 Next came a report three days later citing and quoting an anonymous former intelligence official who said the format used and its publication by the White House rather than by the Chief of Intelligence were both strong indications that the document was not the product of the intelligence community. http://www.ipsnews.net/2013/09/obamas-case-for-syria-didnt-reflect-intel-consensus/ Now we learn the reason the White House had to cook its own "public summary of intelligence,"  because many top intelligence threatened to resign if the cherry-picked version of events without reservations explaining the likelihood that it was the rebels who did it. So the Obama Administration, like the Bush II Administration, deliberately lied to the public in an attempt to stampede the nation into another foreign war in the Mideast. The only relevant difference is that Obama didn't get away with launching his own "shock and awe" campaign. Impeachable offense? Yes. Likely to happen? No. Too many hawks in Congress who want war against both Syria and Iran.
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[Heart of Empire] | The Long Shadow of a Neocon, by Andrew Cockburn | Harper's Magazine - 0 views

harpers.org/...the-long-shadow-of-a-neocon war & peace Iraq Afghanistan neocons War-Party Khalilzad Karzai Maliki
shared by Paul Merrell on 22 Jun 14 - No Cached
  • As jihadists everywhere celebrate their stunning victories in Mosul and Tikrit, as well as the abject retreat of the United States from Afghanistan, we can only hope that they accord due credit to a man who was indispensable to their success. Now an obscure businessman seeking crumbs from the table as an “international consultant,” Zalmay Khalilzad was in his day an imperial envoy sent by the United States to decree the fates of Afghanistan and Iraq. His decisions, most especially his selection of puppet overseers to administer the conquered lands, were uniformly disastrous, contributing in large degree to the catastrophes of today. To be sure, many others among the neocon clique and their liberal-democrat interventionist allies deserve a place on the jihadist honor roll of useful idiots, but few contributed as much as Khalilzad, the Afghan-born former academic who selected Hamid Karzai and Nuri al-Maliki as suitable leaders for their respective countries. Initially promoted up the ranks of the national-security clerisy by Albert Wohlstetter, the dark eminence of neoconservative theology who also mentored neocon godfather Richard Perle, Khalilzad found a useful niche in such company as the only Muslim any of them knew, ready to spout their militarist nostrums at the flutter of a grant check. I myself got an early intimation of Khalilzad’s tenuous grasp on military reality in 1981, when he assured me in all seriousness that the Afghan mujahideen were enjoying great success in disabling Soviet tanks by thrusting thick carpets into their treads. During the administration of the elder Bush, he worked in the Pentagon under Paul Wolfowitz and Scooter Libby. In 1992 he wrote the initial draft of the Defense Planning Guidance, which became an iconic neoconservative text.
  • Khalilzad’s leap out of relative obscurity came with the post-9/11 invasion and occupation of Afghanistan. Following the collapse of the Taliban regime in 2001, an Afghan Loya Jirga assembly indicated by a clear majority that they wanted their aged king, Zahir Shah, to return from his long exile in Rome to preside over the government. This was not to the taste of presidential special envoy, and later ambassador, Khalilzad, who importuned Italian premier Silvio Berlusconi to prevent the Shah from leaving Rome as he meanwhile brusquely informed the Loya Jirga that their leader was to be Hamid Karzai, a Pashtun of modest reputation. Afghan politicians of all stripes concluded that Khalilzad had purposefully picked someone with little internal support in order to ensure that his own authority remained unchallenged. This authority he exercised by operating as supreme warlord, rewarding or threatening the lesser strongmen who had emerged in various provincial power bases with grants of aid or threats of airstrikes from the bombers and Predator drones at his command. Afghans who could foresee the inevitable consequence of this laissez-faire policy toward the universally hated warlords did their best to persuade Khalilzad to change course. One of them later related to me that he suggested that Khalilzad put “ten of them in handcuffs and ship them off to the International Court at The Hague for crimes against humanity.”
  • “I’m going to bring them in and demobilize them,” countered Khalilzad confidently. “No, Zal,” replied the Afghan sadly, “you’re going to legitimize them.” So it transpired. While Karzai presided, in his self-designed costume of furry hat and cape, over a regime of staggering corruption, large swaths of Afghanistan fell under the control of characters like Hazrat Ali, a ruffian of pliable loyalties who used American support to gain control of the eastern city of Jalalabad and installed himself, with Khalilzad’s approval, as security chief of Nangahar Province. He then began vying with fellow warlord Sher Mohammed Akhunzada for the title of world’s leading heroin trafficker (a practice both men denied engaging in) while delivering hapless victims labeled “high value targets” to the torture cells of Bagram or the oubliette of Guantánamo. In inevitable consequence, disgusted Afghans rallied to a resurgent Taliban. The rest is history.
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  • Resolutely failing upward, Khalilzad became the U.S. ambassador to Iraq in 2005. His signal accomplishment came in 2006, when, searching for a suitable candidate to replace Ibrahim al-Jaafari as prime minister, he summoned Nuri al-Maliki, a relatively low-ranking Dawa Party functionary who had spent much of his adult life in exile in Damascus (with an intervening spell in Tehran), where he subsisted on the earnings of a butcher shop he’d opened. Maliki’s party activities were largely related to security, and his experiences imbued him with a generally paranoid attitude to the outside world — not the best preparation for reconciling Iraq’s disparate sects and factions. Nevertheless, Khalilzad thought Maliki was just the man to make piece with the Sunnis, crack down on Moqtada al-Sadr (whom the American government mistakenly believed to be an Iranian pawn), and stand up to the Iranians. Summoned by Khalilzad, Maliki was abruptly informed that he was to become prime minister. “Are you serious?” said the astonished erstwhile butcher. The British ambassador, William Patey, had been invited to attend the meeting but when he started to object to Maliki’s anointment, Khalilzad promptly kicked him out of the room.
  • True to form, all of Khalilzad’s presumptions about Maliki turned out to be wholly in error. So far from reconciling with Sunnis, Maliki went out of his way to alienate them, combining paranoia about the possibility of a neo-Baathist coup with an opportunistic calculation that heightened sectarian tension would bolster his support among Shia. He showed no sign of serving as the wished-for bulwark against Tehran, and, most importantly, evinced little interest in building a responsible administration. Instead, Iraqi government, never a model of probity, devolved into a midden of corruption in which every office, including those in the military, was for sale. By 2014, the going price for command of an Iraqi army division was reported to be around $1 million, payable over two years as the purchaser recouped his investment via fees levied at roadblocks and other revenue streams. Little wonder that when called on to fight the disciplined and ruthless ISIS, the Iraqi army has melted away. Meanwhile, Khalilzad’s other choice, Hamid Karzai, has overseen a reign of pillage similar in scale to Maliki’s, opening the way for a Taliban restoration and rendering futile the entire American investment in Afghanistan. Defeat is an orphan, they say, but it would be a shame if this particular parent of America’s twenty-first-century humiliations were to be totally forgotten.
  • Paul Merrell on 22 Jun 14
     
    With neocons angling again to have Iraq's Maliki replaced by Ahmed Chalibi, it's a good time to check in again on the neocon kingmaker for Southwest Asia, Zalmay Khalilzad.
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CIA 'tortured al-Qaeda suspects close to the point of death by drowning them in water-f... - 0 views

www.telegraph.co.uk/...hem-in-water-filled-baths.html war & peace CIA torture
shared by Paul Merrell on 13 Sep 14 - No Cached
  • The CIA brought top al-Qaeda suspects close “to the point of death” by drowning them in water-filled baths during interrogation sessions in the years that followed the September 11 attacks, a security source has told The Telegraph. The description of the torture meted out to at least two leading al-Qaeda suspects, including the alleged 9/11 mastermind Khalid Sheikh Mohammed, far exceeds the conventional understanding of waterboarding, or “simulated drowning” so far admitted by the CIA. “They weren’t just pouring water over their heads or over a cloth,” said the source who has first-hand knowledge of the period. “They were holding them under water until the point of death, with a doctor present to make sure they did not go too far. This was real torture.” The account of extreme CIA interrogation comes as the US Senate prepares to publish a declassified version of its so-called Torture Report – a 3,600-page report document based on a review of several million classified CIA documents.
  • A second source who is familiar with the Senate report told The Telegraph that it contained several unflinching accounts of some CIA interrogations which – the source predicted – would “deeply shock” the general public. Dianne Feinstein, the Democrat chair of the Senate Intelligence Committee that authored the report has promised that it will expose “brutality that stands in stark contrast to our values as a nation”. The Senate report is understood to accuse the CIA of lying and of grossly exaggerating the usefulness of torture. It is being angrily opposed by many senior Republicans, former CIA operatives and Bush-era officials, including the former US vice president Dick Cheney, who argue that is it poorly researched and politically motivated. The CIA has previously admitted that it used black sites to subject at least three high-value al-Qaeda detainees to “enhanced interrogation” – namely Mohammed, the alleged USS Cole bomber Abd al Rahim al Nashiri and alleged senior Bin Laden aide Abu Zubaydah.
  • The CIA brought top al-Qaeda suspects close “to the point of death” by drowning them in water-filled baths during interrogation sessions in the years that followed the September 11 attacks, a security source has told The Telegraph. The description of the torture meted out to at least two leading al-Qaeda suspects, including the alleged 9/11 mastermind Khalid Sheikh Mohammed, far exceeds the conventional understanding of waterboarding, or “simulated drowning” so far admitted by the CIA. “They weren’t just pouring water over their heads or over a cloth,” said the source who has first-hand knowledge of the period. “They were holding them under water until the point of death, with a doctor present to make sure they did not go too far. This was real torture.”
  • Paul Merrell on 13 Sep 14
     
    If this report is accurate, there are some CIA types desperately in need of being confined to a prison for the rest of their lives, as well as all superiors who knew of it but did not act to stop it. They need to be removed from humanity's gene pool. And for my money, anyone who was tortured should be set free and paid hefty damages. 
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Resurrecting the Dubious State Secrets Privilege | John Dean | Verdict | Legal Analysis... - 0 views

verdict.justia.com/...ubious-state-secrets-privilege Dark-State state-secrets government secrecy Restis DoJ Holder
shared by Paul Merrell on 19 Sep 14 - No Cached
  • In an unusual move, the U.S. Department of Justice has filed a motion to make a private lawsuit simply disappear. While the U.S. Government is not a party to this defamation lawsuit—Victor Restis et al. v. American Coalition Against Nuclear Iran, Inc.—filed July 19, 2013, in the U.S. District Court for the Southern District of New York, Attorney General Eric Holder is concerned that the discovery being undertaken might jeopardize our national security.
  • The government’s argument for intervening in this lawsuit is technical and thin.
  • The strongest precedent in the government’s brief in the current case is the 1985 case of Fitzgerald v. Penthouse Intern., Ltd. Fitzgerald had sued Penthouse Magazine for an allegedly libelous article, but the U.S. Navy moved to intervene on the ground that the government had a national security interest which would not be adequately protected by the parties, so the government requested the action be dismissed, after invoking the state secrets privilege. The federal district court granted the motions and dismissed the case, which the U.S. Court of Appeals for Fourth Circuit affirmed. So there is precedent for this unusual action by the government in a private lawsuit, but the legitimacy of the state secrets privilege remains subject to question.
  • ...9 more annotations...
  • In February 2000, Judith Loether, a daughter of one of the three civilians killed in the 1948 B-29 explosion, discovered the government’s once-secret accident report for the incident on the Internet. Loether had been seven weeks old when her father died but been told by her mother what was known of her father’s death and the unsuccessful efforts to find out what had truly happened. When Loether read the accident report she was stunned. There were no national security secrets whatsoever, rather there was glaringly clear evidence of the government’s negligence resulting in her father’s death. Loether shared this information with the families of the other civilian engineers who had been killed in the incident and they joined together in a legal action to overturn Reynolds, raising the fact that the executive branch of the government had misled the Supreme Court, not to mention the parties to the earlier lawsuit.
  • Lou Fisher looked closely at the state secrets privilege in his book In The Name of National Security, as well as in follow-up articles when the Reynolds case was litigated after it was discovered, decades after the fact, that the government had literally defrauded the Supreme Court in Reynolds, e.g., “The State Secrets Privilege: Relying on Reynolds.” The Reynolds ruling emerged from litigation initiated by the widows of three civilian engineers who died in a midair explosion of a B-29 bomber on October 6, 1948. The government refused to provide the widows with the government’s accident report. On March 9, 1953, the Supreme Court created the state secrets privilege when agreeing the accident report did not have to be produced since the government claimed it contained national security secrets. In fact, none of the federal judges in the lower courts, nor the justices on the Supreme Court, were allowed to read the report.
  • Lowell states in his letter: “By relying solely upon ex parte submissions to justify its invocation of the state secrets privilege, especially in the unprecedented circumstance of private party litigation without an obvious government interest, the Government has improperly invoked the state secrets privilege, deprived Plaintiffs of the opportunity to test the Government’s claims through the adversarial process, and limited the Court’s opportunity to make an informed judgment. “ Lowell further claims that in “the typical state secrets case, the Government will simultaneously file both a sealed declaration and a detailed public declaration.” (Emphasis in Lowell’s letter.) To bolster this contention, he provided the court with an example, and offered to provide additional examples if so requested.
  • The Justice Department’s memorandum of law accompanying its motion to intervene states that once the state secrets privilege has been asserted “by the head of the department with control over the matter in question . . . the scope of judicial review is quite narrow.” Quoting from the U.S. Supreme Court ruling establishing this privilege in 1953, U.S. v. Reynolds, the brief adds: “the sole determination for the court is whether, ‘from all the circumstances of the case . . . there is a reasonable danger that compulsion of the evidence will expose military [or other] matters which, in the interest of national security, should not be divulged.’”In short, all the Justice Department need claim is the magic phrase—”state secrets”—after assuring the court that the head of department or agency involved has personally decided it is information that cannot be released. That ends the matter. This is what has made this privilege so controversial, not to mention dubious. Indeed, invocation by the executive branch effectively removes the question from judicial determination, and the information underlying the decision is not even provided to the court.
  • As Fisher and other scholars note, there is much more room under the Reynolds ruling for the court to take a hard look at the evidence when the government claims state secrets than has been common practice. Fisher reminds: “The state secrets privilege is qualified, not absolute. Otherwise there is no adversary process in court, no exercise of judicial independence over what evidence is needed, and no fairness accorded to private litigants who challenge the government . . . . There is no justification in law or history for a court to acquiesce to the accuracy of affidavits, statements, and declarations submitted by the executive branch.” Indeed, he noted to do so is contrary to our constitutional system of checks and balances.
  • Time to Reexamine Blind Adherence to the State Secrets PrivilegeIn responding to the government’s move to intervene, invoke state secrets, and dismiss the Restis lawsuit, plaintiffs’ attorney Abbe Lowell sent a letter to Judge Edgardo Ramos, the presiding judge on the case on September 17, 2014, contesting the Department of Justice’s ex parte filings, and requesting that Judge Ramos “order the Government to file a public declaration in support of its filing that will enable Plaintiffs to meaningfully respond.” Lowell also suggested as an alternative that he “presently holds more than sufficient security clearances to be given access to the ex parte submission,” and the court could do here as in other national security cases, and issue a protective order that the information not be shared with anyone. While Lowell does not so state, he is in effect taking on the existing state secrets privilege procedure where only the government knows what is being withheld and why, and he is taking on Reynolds.
  • To make a long story short, the Supreme Court was more interested in the finality of their decisions than the fraud that had been perpetrated upon them. They rejected the direct appeal, and efforts to relegate the case through the lower courts failed. As Fisher notes, the Court ruled in Reynolds based on “vapors and allusions,” rather than facts and evidence, and today it is clear that when it uncritically accepted the government’s word, the Court abdicated its duty to protect the ability of each party to present its case fairly, not to mention it left the matter under the control of a “self-interested executive” branch.
  • Lowell explains it is not clear—and suggests the government is similarly unclear in having earlier suggested a “law enforcement privilege”—as to why the state secrets privilege is being invoked, and argues this case can be tried without exposing government secrets. Citing the Fitzgerald ruling, Lowell points out dismissal is appropriate “[o]nly when no amount of effort and care on the part of the court and the parties will safeguard privileged material is dismissal warranted.”
  • No telling how Judge Ramos will rule, and the government has a remarkable record of prevailing with the deeply flawed state secrets privilege. But Lowell’s letter appears to say, between the lines, that he has a client who is prepared to test this dubious privilege and the government’s use of it in this case if Judge Ramos dismisses this lawsuit. The U.S. Court of Appeals for the Second Circuit, where that ruling would be reviewed, sees itself every bit the intellectual equal of the U.S. Supreme Court and it is uniquely qualified to give this dubious privilege and the Reynolds holding a reexamination. It is long past time this be done.
  • Paul Merrell on 19 Sep 14
     
    Interesting take on the Restis case by former Nixon White House Counsel John Dean. Where the State Secrets Privilege is at its very nastiest, in my opinion, is in criminal prosecutions where the government withholds potentially exculpatory evidence on grounds of state secrecy. I think the courts have been far too lenient in allowing people to be tried without production of such evidence. The work-around in the Guantanamo Bay inmate cases has been to appoint counsel who have security clearances, but in those cases the lawyer is forbidden from discussing the classified information with the client, who could have valuable input if advised what the evidence is. It's also incredibly unfair in the extraordinary rendition cases, where the courts have let the government get away with having the cases dismissed on state secrecy grounds, even though the tortures have been the victim of criminal official misconduct.  It forces the victims to appeal clear to the Supreme Court before they can start over in an international court with jurisdiction over human rights violations, where the government loses because of its refusal to produce the evidence.  (Under the relevant treaties that the U.S. is a party to, the U.S. is required to provide a judicial remedy without resort to claims of national security secrecy.) Then the U.S. refuses to pay the judgments of the International courts, placing the U.S. in double breach of its treaty obligations. We see the same kinds of outrageous secrecy playing out in the Senate Intellience Committee's report on CIA torture, where the Obama Administration is using state secrecy claims to delay release of the report summary and minimize what is in it. It's highly unlikely that I will live long enough to read the full report. And that just is not democracy in action. Down with the Dark State!   
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Obama Gave Up on Ukraine, Press Simply Ignored It Washington's Blog - 0 views

www.washingtonsblog.com/...e-press-simply-ignored-it.html war & peace U.S.-foreign-policy Ukraine Russia Minsk-Agreement U.S.-loss Kerry Nuland
shared by Paul Merrell on 19 May 15 - No Cached
  • On Tuesday, May 12th, U.S. Secretary of State John Kerry was asked at a press conference in Sochi Russia, to respond to Ukrainian President Petro Poroshenko’s recent statements promising renewed war against Donbass, which were made first on April 30th, “The war will end when Ukraine regains Donbass and Crimea,” and which were repeated on May 11th, by his saying, “I have no doubt, we will free the [Donetsk] Airport, because it is our land.” In other words, Poroshenko had repeatedly made clear that he plans a third invasion of Donbass, and, ultimately, also to invade and retake Crimea. (The Western press, however, had not reported any of these threats that were being made by Poroshenko.) Kerry responded: “ I have not had a chance – I have not read the speech. I haven’t seen any context. I have simply heard about it in the course of today [which would be shocking if true]. But if indeed President Poroshenko is advocating an engagement in a forceful effort at this time, we would strongly urge him to think twice not to engage in that kind of activity, that that would put Minsk in serious jeopardy. And we would be very, very concerned about what the consequences of that kind of action at this time may be.”
  • None of this was reported by Western ‘news’ media. Even Russia’s own Sputnik News, which was Russia’s main English-language medium reporting on Kerry’s comment, ignored this shocking assertion by the U.S. Secretary of State contradicting the nominal leader of the Ukrainian Government that the U.S. itself had installed in February 2014.  The Obama Administration now had slammed Poroshenko down on the key issue of whether to resume the war against Ukraine’s former Donbass region, and also slammed him on whether Ukraine should invade Crimea, which is Russian territory and would therefore mean a war against the Russian armed forces. America’s stooge-regime in Kiev was here being publicly taken to the woodshed about the advisability of yet another Ukrainian invasion of Ukraine’s former southeastern breakaway regions, Donbass and, even Crimea. 
  • Western ‘news’ media were far worse than a botch; they were outright dishonest. Typical was BBC, which headlined on May 12th, “Ukraine Crisis: Kerry Has ‘Frank’ Meeting with Putin,” and their article said nothing whatsoever about Kerry’s shocking slam-down of his Ukrainian stooge. To that ‘news’ report was also appended an “Analysis: Bridget Kendall, BBC News, Sochi,” which simply blathered, and concluded, “There was no breakthrough on anything.” That statement was the exact opposite of the truth. The one good, and, really, brilliant, news-analysis on this important matter, was from the legendary specialist on “the Empire’s [Washington’s] War on Russia,” the anonymous blogger who goes by the name, “The Saker.” His was not really a news-report, because he, too, failed to quote Kerry’s pathbreaking and shocking statement. He didn’t even quote the insignificant squib that Sputnik itself had quoted from Kerry’s remarks. Instead, he merely paraphrased Kerry, which is far less reliable than a quotation, and also far less informative than the packed shocker that Kerry actually delivered. Saker’s paraphrase was far briefer than was Kerry’s statement which is quoted here; it was merely: “Kerry made a few rather interesting remarks, saying that the Minsk-2  Agreement (M2A) was the only way forward and that he would strongly caution Poroshenko against the idea of renewing military operations.” That’s all there was to it. So, The Saker failed to provide a news-report on Kerry’s shocker. But his news-analysis  of its significance was superb, and it’s extremely worth reading (it’s worth clicking onto the link which will now be provided on the article’s title). That analysis was dated May 13th, and it was bannered, “Yet Another Huge Diplomatic Victory for Russia.”  
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  • But also there was just a slice of real news in The Saker’s article, when he said, only in passing (as if it were insignificant, which it was not), “Then, there was the rather interesting behavior of [Victoria] Nuland, who was with Kerry’s delegation, she refused to speak to the press and left looking rather unhappy.” Nothing more than that, but that’s plenty. In other words: Nuland, the agent whom President Obama had placed in charge of arranging the February 2014 coup in Ukraine, and of selecting the leader of the junta that would be imposed upon Ukraine (“Yats” Yatsenyuk), and who told the U.S. Ambassador to Ukraine what to do and how to do it, was now exceedingly disturbed to find herself overridden at this late date in her Ukrainian escapade, publicly overridden by her own immediate boss, Secretary of State Kerry.  In other words: she is now sidelined. That’s important news, but The Saker there merely hinted at it, and only in passing. So, as a news-report, The Saker’s article was poor but perhaps the best around; but as a news-analysis, it was excellent, and by far the best.
  • Nuland now knows that she has lost, and that Obama has thrown in the towel on the original plan for Ukraine, which had been for an all-out military conquest of the region, Donbass, where the people had voted over 90% for the man whom Nuland’s team had overthrown on 22 February 2014, Viktor Yanukovych, and so Obama had wanted those people to be either killed or else expelled from Ukraine (so that they’d never again be able to vote in a Ukrainian national election and thus possibly restore a neutralist leadership of Ukraine, such as had existed under the man Obama deposed, Yanukovych). Consequently, clearly, now, Obama is on-board with the “Plan B” for Ukraine, which Francois Hollande and Angela Merkel had put into place, the Minsk II Agreement, which brought about the present ceasefire, which now has become clearly the utter (even accepted by Kerry) capitulation of Obama’s Plan A on Ukraine, which plan Nuland had been carrying out. Kerry’s public statement there was a public slap in the face to his own #2 official on Ukraine; and it could not have been asserted by him if he were not under Obama’s instruction that the previous plan, to exterminate or drive out all the residents of Donbass, was no longer worth trying, and that the Hollande-Merkel plan would be America’s fall-back position.
  • Obama’s message in this, through Kerry, to Ukraine’s President Poroshenko, and indirectly also to Ukraine’s Prime Minister Yatsenyuk (the leader whom Nuland herself had selected), is: we’ll back you only as long as you accept that you have failed our military expectations and that we will be stricter with you in the future regarding how you spend our military money. We’re getting in line now behind the Hollande-Merkel peace plan for Ukraine. Dmitriy Yarosh, and the other outright nazis who had been threatening to overthrow Poroshenko if he doesn’t renew the war against Donbass and seize Crimea; Dmitriy Yarosh, who was the man who had led the Ukrainian coup for the U.S., and whose thugs had dressed as Yanukovych’s security forces when gunning down both police and demonstrators in the February 2014 coup, in order for Yanukovych to become blamed for the bloodshed on that occasion; is now, in effect, being told: if you will try another coup, this time to overthrow our own stooges in Ukraine, then you’re finished, Mr. Yarosh. Don’t do it.
  • Merkel and Hollande thus won. Putin had decidedly won. Obama and the nazis he had empowered in Ukraine have now, clearly, been defeated. But the mess that Obama’s people have created in Ukraine by their coup and subsequent ethnic-cleansing to eliminate the residents of Donbass, will take decades, if ever, to repair. Western ‘news’ media can cover it all up, but they can’t change this reality, which, increasingly as time goes by, will expose the press’s failure to have even reported on this historically important U.S. coup in Ukraine and its ultimate failure. As a story about  the press, it is about yet another system-wide press-deceit upon the public, comparable to their ‘news coverage’ of ‘Saddam’s WMD,’ and other lies, in 2002 and 2003. 
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The obscure legal system that lets corporations sue countries | Claire Provost and Matt... - 0 views

www.theguardian.com/...rtations-sue-states-ttip-icsid ISDS TTIP Banksters World-Banksters
shared by Gary Edwards on 10 Jun 15 - No Cached
  • Every year on 15 September, thousands of Salvadorans celebrate the date when much of Central America gained independence from Spain. Fireworks are set off and marching bands parade through villages across the country. But, last year, in the town of San Isidro, in Cabañas, the festivities had a markedly different tone. Hundreds had gathered to protest against the mine. Gold mines often use cyanide to separate gold from ore, and widespread concern over already severe water contamination in El Salvador has helped fuel a powerful movement determined to keep the country’s minerals in the ground. In the central square, colourful banners were strung up, calling on OceanaGold to drop its case against the country and leave the area. Many were adorned with the slogan, “No a la mineria, Si a la vida” (No to mining, Yes to life). On the same day, in Washington DC, Parada gathered his notes and shuffled into a suite of nondescript meeting rooms in the World Bank’s J building, across the street from its main headquarters on Pennsylvania Avenue. This is the International Centre for the Settlement of Investment Disputes (ICSID): the primary institution for handling the cases that companies file against sovereign states. (The ICSID is not the sole venue for such cases; there are similar forums in London, Paris, Hong Kong and the Hague, among others.) The date of the hearing was not a coincidence, Parada said. The case has been framed in El Salvador as a test of the country’s sovereignty in the 21st century, and he suggested that it should be heard on Independence Day. “The ultimate question in this case,” he said, “is whether a foreign investor can force a government to change its laws to please the investor as opposed to the investor complying with the laws they find in the country.”
  • Most international investment treaties and free-trade deals grant foreign investors the right to activate this system, known as investor-state dispute settlement (ISDS), if they want to challenge government decisions affecting their investments. In Europe, this system has become a sticking point in negotiations over the controversial Transatlantic Trade and Investment Partnership (TTIP) deal proposed between the European Union and the US, which would massively extend its scope and power and make it harder to challenge in the future. Both France and Germany have said that they want access to investor-state dispute settlement removed from the TTIP treaty currently under discussion. Investors have used this system not only to sue for compensation for alleged expropriation of land and factories, but also over a huge range of government measures, including environmental and social regulations, which they say infringe on their rights. Multinationals have sued to recover money they have already invested, but also for alleged lost profits and “expected future profits”. The number of suits filed against countries at the ICSID is now around 500 – and that figure is growing at an average rate of one case a week. The sums awarded in damages are so vast that investment funds have taken notice: corporations’ claims against states are now seen as assets that can be invested in or used as leverage to secure multimillion-dollar loans. Increasingly, companies are using the threat of a lawsuit at the ICSID to exert pressure on governments not to challenge investors’ actions.
  • “I had absolutely no idea this was coming,” Parada said. Sitting in a glass-walled meeting room in his offices, at the law firm Foley Hoag, he paused, searching for the right word to describe what has happened in his field. “Rogue,” he decided, finally. “I think the investor-state arbitration system was created with good intentions, but in practice it has gone completely rogue.”
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  • The quiet village of Moorburg in Germany lies just across the river from Hamburg. Past the 16th-century church and meadows rich with wildflowers, two huge chimneys spew a steady stream of thick, grey smoke into the sky. This is Kraftwerk Moorburg, a new coal-fired power plant – the village’s controversial next-door neighbour. In 2009, it was the subject of a €1.4bn investor-state case filed by Vattenfall, the Swedish energy giant, against the Federal Republic of Germany. It is a prime example of how this powerful international legal system, built to protect foreign investors in developing countries, is now being used to challenge the actions of European governments as well. Since the 1980s, German investors have sued dozens of countries, including Ghana, Ukraine and the Philippines, at the World Bank’s Centre in Washington DC. But with the Vattenfall case, Germany found itself in the dock for the first time. The irony was not lost on those who considered Germany to be the grandfather of investor-state arbitration: it was a group of German businessmen, in the late 1950s, who first conceived of a way to protect their overseas investments as a wave of developing countries gained independence from European colonial powers. Led by Deutsche Bank chairman Hermann Abs, they called their proposal an “international magna carta” for private investors.
  • In the 1960s, the idea was taken up by the World Bank, which said that such a system could help the world’s poorer countries attract foreign capital. “I am convinced,” the World Bank president George Woods said at the time, “that those … who adopt as their national policy a welcome [environment] for international investment – and that means, to mince no words about it, giving foreign investors a fair opportunity to make attractive profits – will achieve their development objectives more rapidly than those who do not.” At the World Bank’s 1964 annual meeting in Tokyo, it approved a resolution to set up a mechanism for handling investor-state cases. The first line of the ICSID Convention’s preamble sets out its goal as “international cooperation for economic development”. There was sharp opposition to this system from its inception, with a bloc of developing countries warning that it would undermine their sovereignty. A group of 21 countries – almost every Latin American country, plus Iraq and the Philippines – voted against the proposal in Tokyo. But the World Bank moved ahead regardless. Andreas Lowenfeld, an American legal academic who was involved in some of these early discussions, later remarked: “I believe this was the first time that a major resolution of the World Bank had been pressed forward with so much opposition.”
  • now governments are discovering, too late, the true price of that confidence. The Kraftwerk Moorburg plant was controversial long before the case was filed. For years, local residents and environmental groups objected to its construction, amid growing concern over climate change and the impact the project would have on the Elbe river. In 2008, Vattenfall was granted a water permit for its Moorburg project, but, in response to local pressure, local authorities imposed strict environmental conditions to limit the utility’s water usage and its impact on fish. Vattenfall sued Hamburg in the local courts. But, as a foreign investor, it was also able to file a case at the ICSID. These environmental measures, it said, were so strict that they constituted a violation of its rights as guaranteed by the Energy Charter Treaty, a multilateral investment agreement signed by more than 50 countries, including Sweden and Germany. It claimed that the environmental conditions placed on its permit were so severe that they made the plant uneconomical and constituted acts of indirect expropriation.
  • With the rapid growth in these treaties – today there are more than 3,000 in force – a specialist industry has developed in advising companies how best to exploit treaties that give investors access to the dispute resolution system, and how to structure their businesses to benefit from the different protections on offer. It is a lucrative sector: legal fees alone average $8m per case, but they have exceeded $30m in some disputes; arbitrators’ fees at start at $3,000 per day, plus expenses.
  • Vattenfall v Germany ended in a settlement in 2011, after the company won its case in the local court and received a new water permit for its Moorburg plant – which significantly lowered the environmental standards that had originally been imposed, according to legal experts, allowing the plant to use more water from the river and weakening measures to protect fish. The European Commission has now stepped in, taking Germany to the EU Court of Justice, saying its authorisation of the Moorburg coal plant violated EU environmental law by not doing more to reduce the risk to protected fish species, including salmon, which pass near the plant while migrating from the North Sea. A year after the Moorburg case closed, Vattenfall filed another claim against Germany, this time over the federal government’s decision to phase out nuclear power. This second suit – for which very little information is available in the public domain, despite reports that the company is seeking €4.7bn from German taxpayers – is still ongoing. Roughly one third of all concluded cases filed at the ICSID are recorded as ending in “settlements”, which – as the Moorburg dispute shows – can be very profitable for investors, though their terms are rarely fully disclosed.
  • “It was a total surprise for us,” the local Green party leader Jens Kerstan laughed, in a meeting at his sunny office in Hamburg last year. “As far as I knew, there were some [treaties] to protect German companies in the [developing] world or in dictatorships, but that a European company can sue Germany, that was totally a surprise to me.”
  • While a tribunal cannot force a country to change its laws, or give a company a permit, the risk of massive damages may in some cases be enough to persuade a government to reconsider its actions. The possibility of arbitration proceedings can be used to encourage states to enter into meaningful settlement negotiations.
  • A small number of countries are now attempting to extricate themselves from the bonds of the investor-state dispute system. One of these is Bolivia, where thousands of people took to the streets of the country’s third-largest city, Cochabamba, in 2000, to protest against a dramatic hike in water rates by a private company owned by Bechtel, the US civil engineering firm. During the demonstrations, the Bolivian government stepped in and terminated the company’s concession. The company then filed a $50m suit against Bolivia at the ICSID. In 2006, following a campaign calling for the case to be thrown out, the company agreed to accept a token payment of less than $1. After this expensive case, Bolivia cancelled the international agreements it had signed with other states giving their investors access to these tribunals. But getting out of this system is not easily done. Most of these international agreements have sunset clauses, under which their provisions remain in force for a further 10 or even 20 years, even if the treaties themselves are cancelled.
  • There are now thousands of international investment agreements and free-trade acts, signed by states, which give foreign companies access to the investor-state dispute system, if they decide to challenge government decisions. Disputes are typically heard by panels of three arbitrators; one selected by each side, and the third agreed upon by both parties. Rulings are made by majority vote, and decisions are final and binding. There is no appeals process – only an annulment option that can be used on very limited grounds. If states do not pay up after the decision, their assets are subject to seizure in almost every country in the world (the company can apply to local courts for an enforcement order).
  • While there is no equivalent of legal aid for states trying to defend themselves against these suits, corporations have access to a growing group of third-party financiers who are willing to fund their cases against states, usually in exchange for a cut of any eventual award.
  • Increasingly, these suits are becoming valuable even before claims are settled. After Rurelec filed suit against Bolivia, it took its case to the market and secured a multimillion-dollar corporate loan, using its dispute with Bolivia as collateral, so that it could expand its business. Over the last 10 years, and particularly since the global financial crisis, a growing number of specialised investment funds have moved to raise money through these cases, treating companies’ multimillion-dollar claims against states as a new “asset class”.
  • El Salvador has already spent more than $12m defending itself against Pacific Rim, but even if it succeeds in beating the company’s $284m claim, it may never recover these costs. For years Salvadoran protest groups have been calling on the World Bank to initiate an open and public review of ICSID. To date, no such study has been carried out. In recent years, a number of ideas have been mooted to reform the international investor-state dispute system – to adopt a “loser pays” approach to costs, for example, or to increase transparency. The solution may lie in creating an appeals system, so that controversial judgments can be revisited.
  • Brazil has never signed up to this system – it has not entered into a single treaty with these investor-state dispute provisions – and yet it has had no trouble attracting foreign investment.
  • Gary Edwards on 10 Jun 15
     
    "Luis Parada's office is just four blocks from the White House, in the heart of K Street, Washington's lobbying row - a stretch of steel and glass buildings once dubbed the "road to riches", when influence-peddling became an American growth industry. Parada, a soft-spoken 55-year-old from El Salvador, is one of a handful of lawyers in the world who specialise in defending sovereign states against lawsuits lodged by multinational corporations. He is the lawyer for the defence in an obscure but increasingly powerful field of international law - where foreign investors can sue governments in a network of tribunals for billions of dollars. Fifteen years ago, Parada's work was a minor niche even within the legal business. But since 2000, hundreds of foreign investors have sued more than half of the world's countries, claiming damages for a wide range of government actions that they say have threatened their profits. In 2006, Ecuador cancelled an oil-exploration contract with Houston-based Occidental Petroleum; in 2012, after Occidental filed a suit before an international investment tribunal, Ecuador was ordered to pay a record $1.8bn - roughly equal to the country's health budget for a year. (Ecuador has logged a request for the decision to be annulled.) Parada's first case was defending Argentina in the late 1990s against the French conglomerate Vivendi, which sued after the Argentine province of Tucuman stepped in to limit the price it charged people for water and wastewater services. Argentina eventually lost, and was ordered to pay the company more than $100m. Now, in his most high-profile case yet, Parada is part of the team defending El Salvador as it tries to fend off a multimillion-dollar suit lodged by a multinational mining company after the tiny Central American country refused to allow it to dig for gold."
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Hacking Team Asks Customers to Stop Using Its Software After Hack | Motherboard - 0 views

motherboard.vice.com/...-using-its-software-after-hack surveillance state Hacking-Team hacked
shared by Paul Merrell on 07 Jul 15 - No Cached
  • But the hack hasn’t just ruined the day for Hacking Team’s employees. The company, which sells surveillance software to government customers all over the world, from Morocco and Ethiopia to the US Drug Enforcement Agency and the FBI, has told all its customers to shut down all operations and suspend all use of the company’s spyware, Motherboard has learned. “They’re in full on emergency mode,” a source who has inside knowledge of Hacking Team’s operations told Motherboard.
  • Hacking Team notified all its customers on Monday morning with a “blast email,” requesting them to shut down all deployments of its Remote Control System software, also known as Galileo, according to multiple sources. The company also doesn’t have access to its email system as of Monday afternoon, a source said. On Sunday night, an unnamed hacker, who claimed to be the same person who breached Hacking Team’s competitor FinFisher last year, hijacked its Twitter account and posted links to 400GB of internal data. Hacking Team woke up to a massive breach of its systems.
  • A source told Motherboard that the hackers appears to have gotten “everything,” likely more than what the hacker has posted online, perhaps more than one terabyte of data. “The hacker seems to have downloaded everything that there was in the company’s servers,” the source, who could only speak on condition of anonymity, told Motherboard. “There’s pretty much everything here.” It’s unclear how the hackers got their hands on the stash, but judging from the leaked files, they broke into the computers of Hacking Team’s two systems administrators, Christian Pozzi and Mauro Romeo, who had access to all the company’s files, according to the source. “I did not expect a breach to be this big, but I’m not surprised they got hacked because they don’t take security seriously,” the source told me. “You can see in the files how much they royally fucked up.”
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  • For example, the source noted, none of the sensitive files in the data dump, from employees passports to list of customers, appear to be encrypted. “How can you give all the keys to your infrastructure to a 20-something who just joined the company?” he added, referring to Pozzi, whose LinkedIn shows he’s been at Hacking Team for just over a year. “Nobody noticed that someone stole a terabyte of data? You gotta be a fuckwad,” the source said. “It means nobody was taking care of security.”
  • The future of the company, at this point, it’s uncertain. Employees fear this might be the beginning of the end, according to sources. One current employee, for example, started working on his resume, a source told Motherboard. It’s also unclear how customers will react to this, but a source said that it’s likely that customers from countries such as the US will pull the plug on their contracts. Hacking Team asked its customers to shut down operations, but according to one of the leaked files, as part of Hacking Team’s “crisis procedure,” it could have killed their operations remotely. The company, in fact, has “a backdoor” into every customer’s software, giving it ability to suspend it or shut it down—something that even customers aren’t told about. To make matters worse, every copy of Hacking Team’s Galileo software is watermarked, according to the source, which means Hacking Team, and now everyone with access to this data dump, can find out who operates it and who they’re targeting with it.
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Former CIA Officer Detained in Europe While Trying to Clear Her Name in Rendition Case ... - 0 views

news.vice.com/...ear-her-name-in-rendition-case
shared by Paul Merrell on 15 Oct 15 - No Cached
  • A former CIA counterterrorism officer who has spent nearly a decade trying to clear her name over her alleged role in the infamous rendition of a terrorism suspect was detained in Portugal this week after trying to leave the country.Sabrina De Sousa, 59, was en route to see her mother in India on Monday when she was stopped by law enforcement authorities at Lisbon Portela Airport on an outstanding European arrest warrant issued in Italy. Days before she was detained, VICE News had been with De Sousa in Lisbon filming a documentary about her ordeal and the rendition case. De Sousa's husband informed VICE News of her arrest, which we independently confirmed through diplomatic and law enforcement sources in Portugal, who declined to discuss the case on the record.De Sousa told VICE News Thursday that she was detained overnight at the main police headquarters in Lisbon. A hearing was held before a Portuguese prosecutor and a judge at the Tribunal da Relação de Lisboa Tuesday to determine whether she should remain in custody. De Sousa, a dual US and Portuguese citizen, said she was advised by her attorneys not to discuss details of the hearing, but that the judge freed her and seized her US and Portuguese passports while a decision is made about whether she should be extradited to Italy, which is expected in about 10 days. 
  • In a landmark 2009 ruling, De Sousa and nearly two-dozen other CIA officers were convicted in absentia in Italy on kidnapping and other charges in connection with the February 2003 abduction of Osama Mustapha Hassan Nasr, better known as Abu Omar, a radical cleric whose fiery anti-American speeches in the immediate aftermath of 9/11 attracted the attention of the CIA.
  • After Abu Omar disappeared, an investigation spearheaded by a Milan prosecutor revealed that he was taken off a Milan street in broad daylight by CIA and Italian intelligence officers and rendered to Egypt, where the cleric says he was brutally tortured during interrogations about his alleged plans for recruiting jihadists to fight against Americans.It was the first prosecution and conviction involving American intelligence officers connected to the CIA's highly controversial rendition, detention, and interrogation program. De Sousa was sentenced in absentia to a five-year prison term in Italy.But De Sousa, who had been operating under diplomatic cover at the US Consulate in Milan at the time the rendition was carried out — she was officially listed as a State Department employee — has for years maintained her innocence. On the day the operation took place, she said she was on a ski trip with her son. She acknowledged that she served as a translator for the CIA snatch team and Italian intelligence that planned the abduction, but she said she was "cut out" of the operation long before it took place.
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  • Armando Spataro, the Italian prosecutor who prosecuted De Sousa and other CIA officers, told VICE News in an interview at his office in Milan last month that De Sousa has one way to "clear her reputation: She should come and tell us everything.""I don't want to comment on her statements," he said. "I have to tell you that not only in the Abu Omar abduction but with any felony, like grand theft auto, it is not only responsible who executed but also who helped the preparation."
  • Paul Merrell on 15 Oct 15
     
    "She acknowledged that she served as a translator for the CIA snatch team and Italian intelligence that planned the abduction, but she said she was "cut out" of the operation long before it took place." If she truly said that and it was U.S. law that applied, she would have confessed to being a co-conspirator and an accomplice. Either way, just as guilty as the guys who carried out the snatch. 
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Walking Away From Your Mortgage: Is it moral? Or is it a legitamate financial option b... - 0 views

www.businessinsider.com/away-from-your-mortgage-2009-3 financial-crisis obama-socialism banksters
shared by Gary Edwards on 05 Mar 09 - Cached
  • MM CA said: Mar. 04, 1:28 PM Borrower_underwater: and your point is? defending the banks and mortgage industry? who said his house was dump? he said it was his dream home... pay attention... either way the man and his fmaily were smart enough to save 300k for a down payment. i live in california and the appreciation of housing the past 10 years was irrational and unsustainbale. he boguht three years ago. there was no crisis then. Why woudlnt he buy. Renting now is smart but then? i think you need to inderstand the crisis better. i understand a little bit more than you think i do: see my list of issues/predcitons i developed 3 mtonhs ago... most are coming true...
  • So here lies the squeeze. Originator gets paid per loan made. People in an iron lung are getting approved for subprime. Bank hopes to package loan into CMO and sell to Helsinki or some such. Who is supposed to make sure that the house is really worth what the guy in the iron lung is willing to pay? The appraiser. Not the Originator. Not the bank (we're clearly not talking the good old commmunity bank days were your loan officer knew your neighborhood).
  • it is easy to see where the bank's first protection against a borrower default, correctly establishing a home's value at the time of purchase, falls to the side. That's where it starts to look like the "pay me to rate you" goons at the rating agencies. The populace and ultimate debt holders have counted on the ratings and home valuation process to be clean but simple economic incentives should tell us otherwise.
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  • I agree that the argument that "it's priced into the rate" is insufficient, what is sufficient is the fact that the consequences of walking away are actually in the contract! If I stop paying, you take the house. That's why the bank gets to have a lien. It's all part of the deal we signed, remember?. I don't think walking away from the mortgage is even "breaking" the contract. We will simply be exercising a different clause of the contract: foreclosure in lieu of payment.
  • Gary Edwards on 05 Mar 09
     
    Mortgage lenders absolutely hate borrowers who walk away from underwater mortgages, especially those who could actually afford to keep paying off their mortgages but just decide it isn't worth it. They hate them so much that the term-of-art for these borrowers is "ruthless." But the ethics of mortgage lenders don't have much to recommend them. We need to decide for ourselves whether or not there's a moral obligation to keep paying off a mortgage. For some it's practically a patriotic duty. For others it's a matter of being a good neighbor, since foreclosures could hurt their home values also. Still others say it's just a matter of being a moral person who keeps promises. Great comments to this story. Check out the predictions from MM_CA. They have a diigo highlight. At the time of my reading of this story, the DOW was down 200 pts to 6678.95. The Supreme Leader is busy conducting a healthcare summit, claiming that "fixing" (read "nationalizing") the healthcare system will result in so many jobs that the economy will turn around. The comments are well worth the time!
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The Woman at the Center of the C.I.A.'s Torture Report - 0 views

www.newyorker.com/...unidentified-queen-torture war & peace CIA torture Senate-Intelligence_Committee-Report accountability
shared by Paul Merrell on 21 Dec 14 - No Cached
  • or the past eight months, there has been a furious battle raging behind closed doors at the White House, the C.I.A., and in Congress. The question has been whether the Senate Select Committee on Intelligence would be allowed to use pseudonyms as a means of identifying characters in the devastating report it released last week on the C.I.A.’s abusive interrogation and detention program. Ultimately, the committee was not allowed to, and now we know one reason why. The NBC News investigative reporter Matthew Cole has pieced together a remarkable story revealing that a single senior officer, who is still in a position of high authority over counterterrorism at the C.I.A.—a woman who he does not name—appears to have been a source of years’ worth of terrible judgment, with tragic consequences for the United States. Her story runs through the entire report. She dropped the ball when the C.I.A. was given information that might very well have prevented the 9/11 attacks; she gleefully participated in torture sessions afterward; she misinterpreted intelligence in such a way that it sent the C.I.A. on an absurd chase for Al Qaeda sleeper cells in Montana. And then she falsely told congressional overseers that the torture worked.
  • Had the Senate Intelligence Committee been permitted to use pseudonyms for the central characters in its report, as all previous congressional studies of intelligence failures, including the widely heralded Church Committee report in 1975, have done, it might not have taken a painstaking, and still somewhat cryptic, investigation after the fact in order for the American public to hold this senior official accountable. Many people who have worked with her over the years expressed shock to NBC that she has been entrusted with so much power. A former intelligence officer who worked directly with her is quoted by NBC, on background, as saying that she bears so much responsibility for so many intelligence failures that “she should be put on trial and put in jail for what she has done.” Instead, however, she has been promoted to the rank of a general in the military, most recently working as the head of the C.I.A.’s global-jihad unit. In that perch, she oversees the targeting of terror suspects around the world. (She was also, in part, the model for the lead character in “Zero Dark Thirty.”)
  • Amazingly, perhaps, more than thirteen years after the 9/11 attacks, no one at the C.I.A. has ever been publicly held responsible for this failure. Evidently, the C.I.A. was adamant in its negotiations with the White House and the Senate Intelligence Committee that the American public never learn the names of anyone directly involved in this failure.
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  • According to sources in the law-enforcement community who I have interviewed over the years, and who I spoke to again this week, this woman—whose name the C.I.A. has asked the news media to withhold—had supervision over an underling at the agency who failed to share with the F.B.I. the news that two of the future 9/11 hijackers had entered the United States prior to the terrorist attacks.
  • As NBC recounts, this egregious chapter was apparently only the first in a long tale, in which the same C.I.A. official became a driving force in the use of waterboarding and other sadistic interrogation techniques that were later described by President Obama as “torture.” She personally partook in the waterboarding of Khalid Sheikh Mohammed, the architect of the 9/11 attacks, at a black site in Poland. According to the Senate report, she sent a bubbly cable back to C.I.A. headquarters in 2003, anticipating the pain they planned to inflict on K.S.M. in an attempt to get him to confirm a report from another detainee, about a plot to use African-American Muslims training in Afghanistan for future terrorist attacks. “i love the Black American Muslim at AQ camps in Afghanuistan (sic). … Mukie (K.S.M.) is going to be hatin’ life on this one,” she wrote, according to the report. But, as NBC notes, she misconstrued the intelligence gathered from the other detainee. Somehow, the C.I.A. mistakenly believed that African-American Muslim terrorists were already in the United States. The intelligence officials evidently pressed K.S.M. so hard to confirm this, under such physical duress, that he eventually did, even though it was false—leading U.S. officials on a wild-goose chase for black Muslim Al Qaeda operatives in Montana. According to the report, the same woman oversaw the extraction of this false lead, as well as the months-long rendition and gruesome interrogation of another detainee whose detention was a case of mistaken identity. Later, in 2007, she accompanied then C.I.A. director Michael Hayden to brief Congress, where she insisted forcefully that the torture program had been a tremendous and indispensable success.
  • Readers can speculate on how the pieces fit together, and who the personalities behind this program are. But without even pseudonyms, it is exceedingly hard to connect the dots. It seems entirely possible—though, again, one can only speculate—that the C.I.A. overcompensated for its pre-9/11 intelligence failures by employing overly harsh measures later. Once they’d made a choice that America had never officially made before—of sanctioning torture—it seems possible that they felt they had to defend its efficacy, despite mounting evidence to the contrary. If so, this would be worth learning. But without names, or even pseudonyms, it is almost impossible to piece together the puzzle, or hold anyone in the American government accountable. Evidently, that is exactly what the C.I.A. was fighting for during its eight-month-long redaction process, behind all those closed doors.
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Meet Alfreda Bikowsky, the Senior Officer at the Center of the CIA's Torture Scandals -... - 0 views

firstlook.org/...ture-scandals-alfreda-bikowsky war & peace CIA torture outing-Bikowsky
shared by Paul Merrell on 22 Dec 14 - No Cached
  • NBC News yesterday called her a “key apologist” for the CIA’s torture program. A follow-up New Yorker article dubbed her “The Unidentified Queen of Torture” and in part “the model for the lead character in ‘Zero Dark Thirty.’” Yet in both articles she was anonymous. The person described by both NBC and The New Yorker is senior CIA officer Alfreda Frances Bikowsky. Multiple news outlets have reported that as the result of a long string of significant errors and malfeasance, her competence and integrity are doubted — even by some within the agency. The Intercept is naming Bikowsky over CIA objections because of her key role in misleading Congress about the agency’s use of torture, and her active participation in the torture program (including playing a direct part in the torture of at least one innocent detainee). Moreover, Bikowsky has already been publicly identified by news organizations as the CIA officer responsible for many of these acts.
  • The executive summary of the torture report released by the Senate last week provides abundant documentation that the CIA repeatedly and deliberately misled Congress about multiple aspects of its interrogation program. Yesterday, NBC News reported that one senior CIA officer in particular was responsible for many of those false claims, describing her as “a top al Qaeda expert who remains in a senior position at the CIA.” NBC, while withholding her identity, noted that the same unnamed officer “also participated in ‘enhanced interrogations’ of self-professed 9/11 mastermind Khalid Sheikh Mohammed, witnessed the waterboarding of terror suspect Abu Zubaydah and ordered the detention of a suspected terrorist who turned out to be unconnected to al Qaeda, according to the report.” The New Yorker‘s Jane Mayer, writing yesterday about the NBC article, added that the officer “is still in a position of high authority over counterterrorism at the C.I.A.” This officer, Mayer noted, is the same one who “dropped the ball when the C.I.A. was given information that might very well have prevented the 9/11 attacks; she gleefully participated in torture sessions afterward; she misinterpreted intelligence in such a way that it sent the C.I.A. on an absurd chase for Al Qaeda sleeper cells in Montana. And then she falsely told congressional overseers that the torture worked.” Mayer also wrote that the officer is “the same woman” identified in the Senate report who oversaw “the months-long rendition and gruesome interrogation of another detainee whose detention was a case of mistaken identity.”
  • Both news outlets withheld the name of this CIA officer even though her identity is widely known among journalists, and her name has been used by various media outlets in connection with her work at the CIA. Both articles cited requests by the CIA not to identify her, even though they provided details making her identity clear. In fact, earlier this year, The Washington Post identified Bikowsky by name, describing her as a CIA analyst “who was tied to a critical intelligence-sharing failure before the Sept. 11, 2001, attacks and the botched 2003 ‘rendition’ of an innocent German citizen thought to be an al-Qaeda operative.” That Post report led to both McClatchy and independent journalist Marcy Wheeler raising questions about the propriety of Bikowsky’s former personal lawyer, Robert Litt, playing a key role in his current capacity as a top government lawyer in deciding which parts of the torture report should be released. The McClatchy article identified Bikowsky by name as the officer who “played a central role in the bungled rendition of Khaled el-Masri. El-Masri, who was revealed to be innocent, claimed to have been tortured by the agency.” El-Masri, a German citizen who was kidnapped from Macedonia and tortured by the CIA in Afghanistan, was released in 2003 after it was revealed he was not involved in al Qaeda.
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The United Nations' Response to ISIS Beheadings in Syria. "Resolutions" Calling for "Re... - 0 views

www.globalresearch.ca/...5423221 war & peace Syria ISIL Foley-family blackmail ransom
shared by Paul Merrell on 08 Jan 15 - No Cached
  • Following the gruesome beheading of James Foley, by a terrorist group called “The Islamic State of Iraq and Syria,” and the group’s threats to behead other captives in August 2014, The New York Times headline on page A19 reads, with Kafkaesque “logic”:  “U.S. Invokes Defense of Iraq in Legal Justification of Syria Strikes.”  US/NATO had failed, for three years, to get UN Security Council authorization for military action against Syria, and unilateral military action against Syria would be a violation of international law. However, the very visible emergence of ISIS, now defined as the most dangerous terrorist organization in the Middle East, or, perhaps, globally, and their widely publicized video beheadings of James Foley, Steve Sotloff and others, appeared to give some form of de facto justification for broader military action, including against Syria.  On August 22, 2014, The New York Times reported, page A6: “When the United States began airstrikes in Iraq this month, senior Obama administration officials went out of their way to underscore the limited nature of their action.  ‘This was not an authorization of a broad-based counterterrorism campaign,’ a senior Obama administration official told reporters at the time.  But the beheading of an American journalist and the possibility that more American citizens being held by the group might be slain has prompted outrage at the highest levels of the American government.”
  • In an interview with Anderson Cooper, Diane Foley stated that a military official forbade the family from going to the media and threatened to prosecute them for supporting terrorism if they attempted to raise the $1.32 million dollar ransom demanded by ISIS. “Three times he intimidated us with that message.  We were horrified he would say that.  He just told us we would be prosecuted.  We knew we had to save our son, we had to try,” Mrs. Foley told Anderson Cooper. Foley’s brother, Michael noted in an interview that he was ‘directly threatened with possible prosecution for violating anti-terrorism laws by a State Department official.”  Reporter Michael Isikoff states, in a September 12 article: “The parents of murdered journalist Steven Sotloff were told by a White House counterterrorism official at a meeting last May that they could face criminal prosecution if they paid ransom to try to free their son.”
  • Indeed, it can be asserted that these same administration officials who claimed “outrage” after the beheadings, inflicted the most extreme psychological torture upon the families of James Foley and Stephen Sotloff, who were desperately trying to save the lives of their sons and brother. On September 12, 2014, ABC news reported:  “Obama administration officials repeatedly threatened the family of murdered journalist James Foley that they might face criminal charges for supporting terrorism if they paid ransom to the ISIS killers who ultimately beheaded their son, his mother and brother said this week.  ‘We were told that several times and we took it as a threat and it was appalling,’ Foley’s mother Diane told ABC news in an interview.  She said the warnings over the summer came primarily from a highly decorated military officer serving on the White House National Security Council staff, which five outraged current and former officials with direct knowledge of the Foley case also recounted to ABC news in recent weeks.”
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  • Mrs. Foley diplomatically implies that her son’s death was in the “strategic interest” and she stops just short of accusing the administration of using her son’s beheading as the fig-leaf they needed to justify the administration’s unilateral attack on Syria, which was in violation of international law. If saving Foley was not in the “strategic interest,” a very frightening possibility exists. The murders of Foley and Sotloff, both of whom were beheaded by ISIS, were called ‘acts of barbarism’ by Obama in his speech announcing a military campaign to destroy the terrorist organization. Frenzied hysteria over human rights abuses in Syria continues to be incited by mainstream media, as the middle east is fragmented and decomposed by US/NATO bombings and internecine warfare so complex that the UN’s call for the “diplomatic resolution” of multiple devastating conflicts becomes an increasingly remote possibility.  Saudi Arabia and Qatar continue arming the terrorist opposition.
  • “Sotloff’s father, Art, was ‘shaking’ after the meeting with the official, who works for the National Security Council.  Sources close to the family say that at the time of the White House meeting the Sotloffs and Foleys were exploring lining up donors who would help pay multimillion dollar ransoms to free their sons.  But after the meeting those efforts collapsed, one source said, because of concerns that ‘donors could expose themselves to prosecution.’” James Nye for Mailonline reported:  “Mrs. Foley poured scorn on the Pentagon’s claim they tried to rescue Foley on July 4, only to raid the wrong base…Throughout the 20 month ordeal, Mrs. Foley said she came to regard her and her family’s efforts to rescue James as an ‘annoyance’ to the administration and began to feel that their desperation to bring James Foley home did not ‘seem to be in the strategic interest, if you will.’”
  • The front page headline states:  “U.S. General Says Raiding Syria is Key to Halting Isis.  The Islamic State in Iraq and Syria cannot be defeated unless the United States or its partners take on the Sunni militants in Syria,’ General Martin Dempsey, Chairman of the Joint Chiefs of Staff said on August 21, 2014. ‘This is an organization that has an apocalyptic end-of-days strategic vision that will eventually have to be defeated.  Can they be defeated without addressing that part of the organization that resides in Syria?  The answer is no.” Public horror at the beheading of James Foley and Steven Sotloff transformed public reluctance to engage in yet another seemingly endless and futile distant war, paid for by the U.S. taxpayer, into public outrage and support for retaliation against the terrorists who beheaded Foley and Sotloff.  US/NATO now had a de facto form of support and legitimacy for attacking Syria.  Given little publicity, however, then and now, was the fact that ISIS offered to exchange the lives of James Foley and Stephen Sotloff for $100 million dollars in ransom.  Although top U.S. officials used their “outrage” at the beheading of Foley and Sotloff to “justify” a unilateral attack on Syria, they were not sufficiently outraged to do what was necessary to prevent these beheadings, which, once executed, provided a convenient fig-leaf for the attack on Syria for which  they had sought and failed to attain legal justification during the preceding three years.
  • At the same time that the military-industrial complex thrives on huge profits derived from these geo-politically engineered conflicts, it is worth recalling the September 10, 2014 report by Mazzetti, Schmitt and Landler in The New York Times: “Washington – “The violent ambitions of the Islamic State in Iraq and Syria have been condemned across the world:  in Europe and the Middle East, by Sunni nations and Shiite ones, and by sworn enemies like Israel and Iran.  Pope Francis joined the call for ISIS to be stopped. “As President Obama prepares to send the United States on what could be yearslong military campaign against the militant group (ISIS), American intelligence agencies have concluded that it poses no immediate threat to the United States.  Some officials and terrorism experts believe that the actual danger posed by ISIS has been distorted in hours of television punditry and alarmist statements by politicians, and that there has been little substantive public debate about the unintended consequences of expanding American military action in the Middle East. “Daniel Benjamin, who served as the State Department’s top counterterrorism adviser during Mr. Obama’s first term, said the public discussion about the ISIS threat has been a ‘farce,’ with ‘members of the cabinet and top military officers all over the place describing the threat in lurid terms that are not justified.’  “It’s hard to imagine a better indication of the ability of elected officials and TV talking heads to spin the public into a panic, with claims that the nation is honeycombed with sleeper cells, that operatives are streaming across the border into Texas or that the group will soon be spraying Ebola virus on mass transit systems – all on the basis of no corroborated information,’ said Mr. Benjamin, who is now a scholar at Dartmouth College.”
  • Paul Merrell on 08 Jan 15
     
    The Feds' "no ransom" policy might better be changed to "pay the ransom then extract retribution." It would still serve as a deterrent. Nonetheless, that policy is now part of a U.N. Security Council Resolution. 
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Case of Navy nurse who refused to force-feed could put Guantánamo hunger stri... - 0 views

www.miamiherald.com/...of-navy-nurse-who-refused.html war & peace Gitmo force-feeding litigation
shared by Paul Merrell on 30 Aug 14 - No Cached
  • No decision has been made on whether the U.S. Navy will court-martial a nurse who refused to force-feed hunger strikers at Guantánamo during the summer, the nurse’s commander says.But those who are watching the case say a military trial could put a spotlight on both Guantánamo’s hunger-strike policy and how the military manages medical-ethics issues. Retired Navy Capt. Albert J. Shimkus Jr., who teaches at the U.S. Navy War College in Newport, R.I., calls it “an important time, not only for this individual but also an important time for military medicine and how we interact with our patient and the process by which these decisions are made.”
  • The nurse, who has been identified as a Navy lieutenant, reportedly turned conscientious objector after handling months of feedings. He was sent home early to the Naval Health Clinic New England in Newport, R.I., this month after serving with the 139-member Navy medical staff assigned to care for Guantánamo’s 149 detainees.
  • At Guantánamo, “there was an investigation done and currently it’s under review. The process has started.”
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  • As the lieutenant’s commander, it would be up to Pennington to decide what, if any, disciplinary action to pursue. Typically that starts with what is called a 15-6 investigation: a description of what happened and a recommendation of whether to order a court-martial. The captain would not say whether that was the investigation she had received. Whatever the outcome, two former senior military medical officers said the case would serve as a significant precedent in this, the 13th year of the detention center at the U.S. enclave in southeast Cuba, where an undisclosed number of the 149 captives were on a hunger strike Thursday.
  • The case is also likely to drive a review of “the process of how to recuse oneself” when a health provider in uniform navigates the “dual loyalty question” of obligation to the nation versus the obligation to the patient. Retired Army Brig Gen. Stephen Xenakis, a psychiatrist who has examined Guantánamo captives, also says a court-martial could end up putting Guantánamo hunger-strike policy on trial.During the 1980s, he notes, military doctors were allowed not only to refuse to perform abortions but also to proclaim their opposition to doing them, “and we didn’t prosecute them.” But something about medical autonomy changed during the war on terror. “The issue is that, with this war, there has been a shift in what has been the professional autonomy of clinicians. They’ve been subordinated to the combat arms, to the war-fighters,” says Xenakis.
  • Paul Merrell on 30 Aug 14
     
    The case may well put the Gitmo hunger-strike policy on trial. All U.S. military officers are under a general order to disobey unlawful commands. Therefore, it is conceivable to me that the nurse's best defense may well be that the order to force-feed the prisoners was unlawful.
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The disappeared: Chicago police detain Americans at abuse-laden 'black site' | US news ... - 0 views

www.theguardian.com/...ce-detain-americans-black-site police-militarization Chicago-PD black-sites Homan tyranny civil-liberties
shared by Paul Merrell on 27 Feb 15 - No Cached
  • The Chicago police department operates an off-the-books interrogation compound, rendering Americans unable to be found by family or attorneys while locked inside what lawyers say is the domestic equivalent of a CIA black site.
  • The secretive warehouse is the latest example of Chicago police practices that echo the much-criticized detention abuses of the US war on terrorism. While those abuses impacted people overseas, Homan Square – said to house military-style vehicles, interrogation cells and even a cage – trains its focus on Americans, most often poor, black and brown. Unlike a precinct, no one taken to Homan Square is said to be booked. Witnesses, suspects or other Chicagoans who end up inside do not appear to have a public, searchable record entered into a database indicating where they are, as happens when someone is booked at a precinct. Lawyers and relatives insist there is no way of finding their whereabouts. Those lawyers who have attempted to gain access to Homan Square are most often turned away, even as their clients remain in custody inside.
  • The Chicago police department operates an off-the-books interrogation compound, rendering Americans unable to be found by family or attorneys while locked inside what lawyers say is the domestic equivalent of a CIA black site.
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  • The facility, a nondescript warehouse on Chicago’s west side known as Homan Square, has long been the scene of secretive work by special police units. Interviews with local attorneys and one protester who spent the better part of a day shackled in Homan Square describe operations that deny access to basic constitutional rights. Alleged police practices at Homan Square, according to those familiar with the facility who spoke out to the Guardian after its investigation into Chicago police abuse, include: Keeping arrestees out of official booking databases. Beating by police, resulting in head wounds. Shackling for prolonged periods. Denying attorneys access to the “secure” facility. Holding people without legal counsel for between 12 and 24 hours, including people as young as 15. At least one man was found unresponsive in a Homan Square “interview room” and later pronounced dead.
  • Brian Jacob Church, a protester known as one of the “Nato Three”, was held and questioned at Homan Square in 2012 following a police raid. Officers restrained Church for the better part of a day, denying him access to an attorney, before sending him to a nearby police station to be booked and charged.
  • The facility, a nondescript warehouse on Chicago’s west side known as Homan Square, has long been the scene of secretive work by special police units. Interviews with local attorneys and one protester who spent the better part of a day shackled in Homan Square describe operations that deny access to basic constitutional rights. Alleged police practices at Homan Square, according to those familiar with the facility who spoke out to the Guardian after its investigation into Chicago police abuse, include: Keeping arrestees out of official booking databases. Beating by police, resulting in head wounds. Shackling for prolonged periods. Denying attorneys access to the “secure” facility. Holding people without legal counsel for between 12 and 24 hours, including people as young as 15. At least one man was found unresponsive in a Homan Square “interview room” and later pronounced dead.
  • “Homan Square is definitely an unusual place,” Church told the Guardian on Friday. “It brings to mind the interrogation facilities they use in the Middle East. The CIA calls them black sites. It’s a domestic black site. When you go in, no one knows what’s happened to you.”
  • The secretive warehouse is the latest example of Chicago police practices that echo the much-criticized detention abuses of the US war on terrorism. While those abuses impacted people overseas, Homan Square – said to house military-style vehicles, interrogation cells and even a cage – trains its focus on Americans, most often poor, black and brown. Unlike a precinct, no one taken to Homan Square is said to be booked. Witnesses, suspects or other Chicagoans who end up inside do not appear to have a public, searchable record entered into a database indicating where they are, as happens when someone is booked at a precinct. Lawyers and relatives insist there is no way of finding their whereabouts. Those lawyers who have attempted to gain access to Homan Square are most often turned away, even as their clients remain in custody inside.
  • “It’s sort of an open secret among attorneys that regularly make police station visits, this place – if you can’t find a client in the system, odds are they’re there,” said Chicago lawyer Julia Bartmes. Chicago civil-rights attorney Flint Taylor said Homan Square represented a routinization of a notorious practice in local police work that violates the fifth and sixth amendments of the constitution. “This Homan Square revelation seems to me to be an institutionalization of the practice that dates back more than 40 years,” Taylor said, “of violating a suspect or witness’ rights to a lawyer and not to be physically or otherwise coerced into giving a statement.”
  • “It’s sort of an open secret among attorneys that regularly make police station visits, this place – if you can’t find a client in the system, odds are they’re there,” said Chicago lawyer Julia Bartmes. Chicago civil-rights attorney Flint Taylor said Homan Square represented a routinization of a notorious practice in local police work that violates the fifth and sixth amendments of the constitution.
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Guess who credits the Mossad with producing the 'laptop documents?' | Middle East Eye - 0 views

www.middleeasteye.net/...ng-laptop-documents-1536671309 war & peace Iranian-nukes-myth Mossad MEK false-flag
shared by Paul Merrell on 22 Dec 14 - No Cached
  • In the United States and Europe, it is unchallenged in political and media circles that intelligence documents purporting to be from a covert Iranian nuclear weapons program for which the IAEA long demanded an Iranian explanation are genuine.   But evidence has continued to accumulate that the documents - sometimes called the “laptop documents” because they were said to have been on a laptop computer belonging to one of the participants in the program - were fabricated by Israel’s foreign intelligence agency (Mossad).  We now know that the documents did not come from an Iranian participant in the alleged project, as the media were led to believe for years; they were turned over to German intelligence by the anti-regime Iranian terrorist organisation, Mujahedeen E Khalq, (MEK). I first reported this in 2008 and have now confirmed from an authoritative German source in my book on the Iran nuclear issue. The MEK was well known to have been a client of the Mossad, serving to launder Israeli intelligence claims that the Israelis did not want attributed to themselves.
  • Although it has never been mentioned in news media, former International Atomic Energy Agency (IAEA) Director General, Mohamed El Baradei recalled in his memoirs that he was doubtful of the authenticity of the documents. “No one knew if any of this was real,” he wrote in reference to the laptop documents. Another former senior IAEA official told me, “It just really didn’t add up.  It made more sense that this information originated in another country.”  And as I have detailed in articles and in my book, key documents in the collection bear clear indications of fabrication. Support for that virtually unknown part of the Iran nuclear story has come from a surprising source: a popular Israeli account, celebrating the successes of the Mossad’s covert operations. “Mossad: The Greatest Missions of the Israeli Secret Service,” first published in Hebrew in 2010, and then published in English in 2012, was Israel’s best-selling book for months in 2010. But not only does it acknowledge that it was indeed the MEK that delivered the documents, it also suggests that at least some of the documents came from the Mossad.  
  • The co-authors of the book are far from critics of Israel’s policy toward Iran; One of the co-authors, Michael Bar-Zohar, is a well-connected former member of the Israeli Knesset and former paratrooper, who had previously written an authorised biography of Shimon Peres, as well as the biography of Isser Harel, the Mossad chief who presided over the kidnapping of Adolph Eichmann in Argentina. Much of what Bar-Zohar chronicled in the book had already been reported earlier by Israeli journalists - especially Ronen Bergman of the daily Yedioth Ahronoth.  In fact, Bergman accused Bar-Zohar of plagiarising his articles for much of the book, while changing only a few words.  But one thing that Bar-Zohar and co-author Nisham Mishal did not get from other Israeli journalists, was the role of the Mossad in regard to the laptop documents. 
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  • Although they do not flatly state that the Mossad was the source of the documents, they certainly lead the reader to that conclusion. They begin by establishing the fact that the MEK was fronting for the Mossad in its revelation in August 2002 of Iran’s first enrichment facility at Natanz. The CIA, they write, “appeared to believe that the Mossad and the British MI6 were feeding MEK intelligence they had obtained, using the Iranian opposition as a hopefully credible source”.  And they explicitly confirm CIA’s suspicions. “According to Israeli sources,” they write, “It was, in fact, a watchful Mossad officer who had discovered the mammoth centrifuge installation at Natanz.”  Other sources, including Seymour Hersh and Connie Bruck have reported that the MEK got the intelligence on Natanz from the Israelis, but theirs is the first explicit acknowledgement attributed to an Israeli source that the MEK had revealed Natanz on the basis of Mossad intelligence.  What the Israeli co-authors do not say is that the Mossad was simply guessing at the purpose of Natanz, which the MEK mistakenly called a “fuel fabrication” facility, rather than a centrifuge enrichment facility.
  • Bar-Zohar and Mishal are little concerned with whether the Mossad’s laptop caper involved fraud or not. They obviously view the Israeli intelligence agency’s use of an Iranian exile group to get out documents that had been central to the international sanctions regime against Iran as a great triumph. But whatever their reasons, their book adds another layer to the growing body of evidence showing that the Bush administration and its allies hoodwinked the rest of the world with those documents.
  • The authors further suggest that the Mossad was behind information later released by the MEK on Mohsen Fakhrizadeh, the Iranian physics professor said to be shown in the laptop documents as the man in charge of that purported Iranian nuclear weapons research program. The MEK disclosed such personal details as Fakhrizadeh’s passport number and his home telephone number. But the Mossad chroniclers write: “This abundance of detail and means of transmission leads one to believe that, again, “a certain secret service” ever suspected by the West of pursuing its own agenda, painstakingly collected these facts and figures about the Iranian scientists and passed them to the Iranian resistance.” I asked Bar-Zohar’s research assistant, Nilly Ovnat, whether he had Israeli sources for those statements relating to the MEK and the laptop documents. She responded by          e-mail: “Professor Bar Zohar had other sources for most of the material concerning MEK and Natanz [and the] laptop, yet they could not be mentioned and cannot be discussed.”
  • Turning to the laptop documents, they make it clear that western intelligence had indeed obtained the documents from the MEK and suggest that the MEK got them from somewhere else. “The dissidents wouldn’t say how they had gotten hold of the laptop,” they write. They again frame the question of the origins of those documents in terms of CIA suspicions. “[T]he skeptical Americans suspected that the documents had been only recently scanned into the computer,” they write. “They accused the Mossad of having slipped in some information obtained from our own sources - and passing it to the MEK leaders for delivery to the West." Bar-Zohar and Mishal steer clear of any suggestion that the Mossad fabricated any documents, but their account leaves little doubt that they are convinced that the Mossad should be credited for the appearance of the documents. Their approach of referring to US suspicions, rather than stating it directly, appears to be a way of avoiding problems with Israeli military censors, who often clamp down on local reporting on sensitive issues while allowing references to foreign reports.
  • In the United States and Europe, it is unchallenged in political and media circles that intelligence documents purporting to be from a covert Iranian nuclear weapons program for which the IAEA long demanded an Iranian explanation are genuine.   But evidence has continued to accumulate that the documents - sometimes called the “laptop documents” because they were said to have been on a laptop computer belonging to one of the participants in the program - were fabricated by Israel’s foreign intelligence agency (Mossad).  We now know that the documents did not come from an Iranian participant in the alleged project, as the media were led to believe for years; they were turned over to German intelligence by the anti-regime Iranian terrorist organisation, Mujahedeen E Khalq, (MEK). I first reported this in 2008 and have now confirmed from an authoritative German source in my book on the Iran nuclear issue. The MEK was well known to have been a client of the Mossad, serving to launder Israeli intelligence claims that the Israelis did not want attributed to themselves.
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SANTIAGO, Chile: Chilean accused of murder, torture taught 13 years for Pentagon | Nati... - 0 views

www.mcclatchydc.com/...accused-of-murder-torture.html war & peace National-Defense-Univ human rights Chile Colombia Operation-Condor
shared by Paul Merrell on 15 Mar 15 - No Cached
  • A member of the late Chilean dictator Augusto Pinochet’s brutal secret police who’s been accused of murder taught for more than a decade at the Pentagon’s premier university, despite repeated complaints by his colleagues about his past. Jaime Garcia Covarrubias is charged in criminal court in Santiago with being the mastermind in the execution-style slayings of seven people in 1973, according to court documents. McClatchy also interviewed an accuser who identified Garcia Covarrubias as the person who sexually tortured him.Despite knowing of the allegations, State and Defense department officials allowed Garcia Covarrubias to retain his visa and continue working at a school affiliated with the National Defense University until last year .Human rights groups also question the school’s selection of a second professor, Colombia’s former top military commander.
  • Some Latin America experts said the hirings by the William J. Perry Center for Hemispheric Defense Studies reflected a continuing inclination by the U.S government to overlook human rights violations in Latin America, especially in countries where it funded efforts to quash leftists. But those experts were especially troubled by Garcia Covarrubias’ long tenure at one of the nation’s most renowned defense institutions. “His hiring undermines our moral authority on both human rights and in the war on terror,” said Chris Simmons, a former Defense Intelligence Agency and Army intelligence officer from 1982 to 2010 who specializes in Latin America. “If he is in fact guilty of what he is accused of, he is a terrorist. Then who are we to tell other countries how they should be fighting terrorism?” To his supporters, Garcia Covarrubias is a brilliant thinker with a Ph.D. and purveyor of leadership skills. To his alleged victims, he’s a sadistic torturer with a penchant for horsewhips and perversity.
  • A 2008 Chilean military document reviewed by McClatchy identified Garcia Covarrubias as a member of the Dirección de Inteligencia Nacional, the feared spy agency known by its acronym DINA.“DINA was simply the most sinister agency in Latin America,” said Peter Kornbluh, a senior analyst with the National Security Archive, which secured the release of U.S. government classified documents underscoring the complicit relationship between the U.S. and Pinochet. “Anyone associated with that agency should never have been allowed into this country, let alone given this job.”Officials with the Pentagon, the State Department and the school refused to comment. Garcia Covarrubias is now back in Chile, ordered by an investigative judge in January 2014 to remain in the country while an inquiry continues into his alleged role in the deaths of seven people in Temuco weeks after the U.S.-backed Pinochet coup on Sept. 11, 1973. His case is one of 108 involving tortured, disappeared or murdered supporters of the deposed elected president, Salvador Allende. More than 3,000 people died at the hands of the regime, and in 2003, then-Secretary of State Colin Powell offered regrets for U.S. involvement in the coup, calling it “not a part of American history that we're proud of.”
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  • The center’s officials who hired and renewed Garcia Covarrubias’ contracts say he was a highly qualified professor and minimize the allegations against him. “We made inquiries with people in the region, in Chile and so forth, and were never given anything negative about Jaime,” said Margaret Daly Hayes, the center’s first director. “He was vetted by the U.S. government, by the (U.S.) Embassy. They obviously didn’t have anything either or he wouldn’t have been hired.”McClatchy, however, located one of his alleged victims, who described being brutalized by him. “They submitted us to torture, twice a day. We were submerged in feces,” Herman Carrasco, who’s now a real estate agent, told McClatchy in Chile. “They stuck rifle barrels in our anuses.”According to Carrasco, the torture unfolded in October and November 1973 – lorded over by the horsewhip-wielding Garcia Covarrubias – and included electric shock administered to eyelids, genitals and other sensitive areas of the body.“He was the person who tortured us, with his face shown,” said Carrasco, who added that he’d known Garcia Covarrubias from social events before the coup. “He forced us into sexual acts, which shows that besides ferocious cruelty there was a level of psychopathic behavior.”
  • Despite very graphic torture accusations against Garcia Covarrubias, U.S. officials are rallying behind him.
  • As the center supported Garcia Covarrubias, it pushed out Andersen in retaliation, the former communications chief said.Last September, Andersen filed a complaint with the Pentagon’s inspector general, with the support of then-Sen. Carl Levin. D-Mich. An inspector general spokeswoman declined to comment. “It’s shameful that at a time the U.S. prestige as a democracy is under attack, that the National Defense University could be playing footsie with a former state terrorism agent,” Andersen said. The details uncovered about Garcia Covarrubias have prompted demands from several members of Congress for a Pentagon accounting of how he was hired and retained his job.“The American people deserve to know that adequate vetting of such individuals would be routine,” said Sen. Patrick Leahy, D-Vt., author of the “ Leahy Law,” which restricts U.S. assistance to foreign security forces that violate human rights.
  • While most of the concerns focused on Garcia Covarrubias, the center also took heat in 2006 for hiring Colombian Gen. Carlos Ospina Ovalle. As army commander, he turned the tables in a decades-old guerrilla war while simultaneously crushing drug cartels. Ospina Ovalle left the center last year and took a post at another National Defense University school.He was hired at the request of the Colombian government and was popular with U.S. military leaders, recalls Downie, the center’s director at the time. “The Colombians wanted, for his own safety, to get him out of Colombia,” said Downie. “This is a guy we certainly wanted to have as a professor.”Human rights groups, however, criticized the general’s hiring and continued employment at the National Defense University. They point to his earlier command in Antioquia province, where right-wing paramilitaries ran roughshod and were linked to the military.“Antioquia in the late 1990s . . . is less than one degree of separation from working with the paramilitaries,” said Adam Isacson, a senior associate specializing in military matters for the Washington Office on Latin America. “If he has not, it’s some miracle that he managed to be the one clean officer.”“Having officers like that, the implicit message is that human rights takes a backseat,” said Isacson.
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How 'Free Markets' Defame 'Democracy' | Consortiumnews - 0 views

consortiumnews.com/...-free-markets-defame-democracy war & peace U.S.-foreign-policy U.S.-front-groups NED Freedom-House CIA BIden
shared by Paul Merrell on 13 Mar 15 - No Cached
  • Venezuela seems to be following Ukraine on the neocon hit list for “regime change” as Washington punishes Caracas for acting against a perceived coup threat. But a broader problem is how the U.S. conflates “free markets” with “democracy,” giving “democracy” a bad name, writes Robert Parry.
  • The one common thread in modern U.S. foreign policy is an insistence on “free market” solutions to the world’s problems. That is, unless you’re lucky enough to live in a First World ally of the United States or your country is too big to bully.So, if you’re in France or Canada or – for that matter – China, you can have generous health and educational services and build a modern infrastructure. But if you’re a Third World country or otherwise vulnerable – like, say, Ukraine or Venezuela – Official Washington insists that you shred your social safety net and give free reign to private investors.
  • If you’re good and accept this “free market” domination, you become, by the U.S. definition, a “democracy” – even if doing so goes against the wishes of most of your citizens. In other words, it doesn’t matter what most voters want; they must accept the “magic of the market” to be deemed a “democracy.”Thus, in today’s U.S. parlance, “democracy” has come to mean almost the opposite of what it classically meant. Rather than rule by a majority of the people, you have rule by “the market,” which usually translates into rule by local oligarchs, rich foreigners and global banks.Governments that don’t follow these rules – by instead shaping their societies to address the needs of average citizens – are deemed “not free,” thus making them targets of U.S.-funded “non-governmental organizations,” which train activists, pay journalists and coordinate business groups to organize an opposition to get rid of these “un-democratic” governments.
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  • If a leader seeks to defend his or her nation’s sovereignty by such means as requiring these NGOs to register as “foreign agents,” the offending government is accused of violating “human rights” and becomes a candidate for more aggressive “regime change.”Currently, one of the big U.S. complaints against Russia is that it requires foreign-funded NGOs that seek to influence policy decisions to register as “foreign agents.” The New York Times and other Western publications have cited this 2012 law as proof that Russia has become a dictatorship, while ignoring the fact that the Russians modeled their legislation after a U.S. law known as the “Foreign Agent Registration Act.”So, it’s okay for the U.S. to label people who are paid by foreign entities to influence U.S. policies as “foreign agents” – and to imprison people who fail to register – but not for Russia to do the same. A number of these NGOs in Russia and elsewhere also are not “independent” entities but instead are financed by the U.S.-funded National Endowment for Democracy (NED) and the U.S. Agency for International Development.
  • There is even a circular element to this U.S. complaint. Leading the denunciation of Russia and other governments that restrain these U.S.-financed NGOs is Freedom House, which marks down countries on its “freedom index” when they balk at letting in this back-door U.S. influence. However, over the past three decades, Freedom House has become essentially a subsidiary of NED, a bought-and-paid-for NGO itself.
  • That takeover began in earnest in 1983 when CIA Director William Casey was focused on creating a funding mechanism to support Freedom House and other outside groups that would engage in propaganda and political action that the CIA had historically organized and financed covertly. Casey helped shape the plan for a congressionally funded entity that would serve as a conduit for this U.S. government money.But Casey recognized the need to hide the CIA’s strings. “Obviously we here [at CIA] should not get out front in the development of such an organization, nor should we appear to be a sponsor or advocate,” Casey said in one undated letter to then-White House counselor Edwin Meese III – as Casey urged creation of a “National Endowment.” [See Consortiumnews.com’s “CIA’s Hidden Hand in ‘Democracy’ Groups.”]Casey’s planning led to the 1983 creation of NED, which was put under the control of neoconservative Carl Gershman, who remains in charge to this day. Gershman’s NED now distributes more than $100 million a year, which included financing scores of activists, journalists and other groups inside Ukraine before last year’s coup and now pays for dozens of projects in Venezuela, the new emerging target for “regime change.”
  • But NED’s cash is only a part of how the U.S. government manipulates events in vulnerable countries. In Ukraine, prior to the February 2014 coup, neocon Assistant Secretary of State Victoria Nuland reminded Ukrainian business leaders that the United States had invested $5 billion in their “European aspirations.”Nuland then handpicked who would be the new leadership, telling U.S. Ambassador Geoffrey Pyatt that “Yats is the guy,” referring to “free market” politician Arseniy Yatsenyuk, who not surprisingly emerged as the new prime minister after a violent coup ousted elected President Viktor Yanukovych on Feb. 22, 2014.The coup also started a civil war that has claimed more than 6,000 lives, mostly ethnic Russians in eastern Ukraine who had supported Yanukovych and were targeted for a ruthless “anti-terrorist operation” spearheaded by neo-Nazi and other far-right militias dispatched by the U.S.-backed regime in Kiev. But Nuland blames everything on Russia’s President Vladimir Putin. [See Consortiumnews.com’s “Nuland’s Mastery of Ukraine Propaganda.”]On top of Ukraine’s horrific death toll, the country’s economy has largely collapsed, but Nuland, Yatsenyuk and other free-marketeers have devised a solution, in line with the wishes of the Washington-based International Monetary Fund: Austerity for the average Ukrainian.
  • Before the Senate Foreign Relations Committee on Tuesday, Nuland hailed “reforms” to turn Ukraine into a “free-market state,” including decisions “to reduce and cap pension benefits, increase work requirements and phase in a higher retirement age; … [and] cutting wasteful gas subsidies.”In other words, these “reforms” are designed to make the hard lives of average Ukrainians even harder – by slashing pensions, removing work protections, forcing people to work into their old age and making them pay more for heat during the winter.‘Sharing’ the Wealth In exchange for those “reforms,” the IMF approved $17.5 billion in aid that will be handled by Ukraine’s Finance Minister Natalie Jaresko, who until last December was a former U.S. diplomat responsible for a U.S. taxpayer-financed $150 million investment fund for Ukraine that was drained of money as she engaged in lucrative insider deals – deals that she has fought to keep secret. Now, Ms. Jaresko and her cronies will get a chance to be the caretakers of more than 100 times more money. [See Consortiumnews.com’s “Ukraine’s Finance Minister’s American ‘Values.’”]
  • Other prominent Americans have been circling around Ukraine’s “democratic” opportunities. For instance, Vice President Joe Biden’s son Hunter was named to the board of directors of Burisma Holdings, Ukraine’s largest private gas firm, a shadowy Cyprus-based company linked to Privat Bank.Privat Bank is controlled by the thuggish billionaire oligarch Ihor Kolomoysky, who was appointed by the Kiev regime to be governor of Dnipropetrovsk Oblast, a south-central province of Ukraine. In this tribute to “democracy,” the U.S.-backed Ukrainian authorities gave an oligarch his own province to rule. Kolomoysky also has helped finance paramilitary forces killing ethnic Russians in eastern Ukraine.Burisma has been lining up well-connected American lobbyists, too, some with ties to Secretary of State John Kerry, including Kerry’s former Senate chief of staff David Leiter, according to lobbying disclosures.As Time magazine reported, “Leiter’s involvement in the firm rounds out a power-packed team of politically-connected Americans that also includes a second new board member, Devon Archer, a Democratic bundler and former adviser to John Kerry’s 2004 presidential campaign. Both Archer and Hunter Biden have worked as business partners with Kerry’s son-in-law, Christopher Heinz, the founding partner of Rosemont Capital, a private-equity company.” [See Consortiumnews.com’s “The Whys Behind the Ukraine Crisis.”]
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Ukraine's Oligarchs Turn on Each Other | Consortiumnews - 0 views

consortiumnews.com/...s-oligarchs-turn-on-each-other Ukraine Corporate-Oligarchs Banksters
shared by Gary Edwards on 25 Mar 15 - No Cached
  • n the never-never land of how the mainstream U.S. press covers the Ukraine crisis, the appointment last year of thuggish oligarch Igor Kolomoisky to govern one of the country’s eastern provinces was pitched as a democratic “reform” because he was supposedly too rich to bribe, without noting that his wealth had come from plundering the country’s economy.In other words, the new U.S.-backed “democratic” regime, after overthrowing democratically elected President Viktor Yanukovych because he was “corrupt,” was rewarding one of Ukraine’s top thieves by letting him lord over his own province, Dnipropetrovsk Oblast, with the help of his personal army.
  • Last year, Kolomoisky’s brutal militias, which include neo-Nazi brigades, were praised for their fierce fighting against ethnic Russians from the east who were resisting the removal of their president. But now Kolomoisky, whose financial empire is crumbling as Ukraine’s economy founders, has turned his hired guns against the Ukrainian government led by another oligarch, President Petro Poroshenko.Last Thursday night, Kolomoisky and his armed men went to Kiev after the government tried to wrest control of the state-owned energy company UkrTransNafta from one of his associates. Kolomoisky and his men raided the company offices to seize and apparently destroy records. As he left the building, he cursed out journalists who had arrived to ask what was going on. He ranted about “Russian saboteurs.”It was a revealing display of how the corrupt Ukrainian political-economic system works and the nature of the “reformers” whom the U.S. State Department has pushed into positions of power. According to BusinessInsider, the Kiev government tried to smooth Kolomoisky’s ruffled feathers by announcing “that the new company chairman [at UkrTransNafta] would not be carrying out any investigations of its finances.”
  • Yet, it remained unclear whether Kolomoisky would be satisfied with what amounts to an offer to let any past thievery go unpunished. But if this promised amnesty wasn’t enough, Kolomoisky appeared ready to use his private army to discourage any accountability.On Monday, Valentyn Nalyvaychenko, chief of the State Security Service, accused Dnipropetrovsk officials of financing armed gangs and threatening investigators, Bloomberg News reported, while noting that Ukraine has sunk to 142nd place out of 175 countries in Transparency International’s Corruptions Perception Index, the worst in Europe.The see-no-evil approach to how the current Ukrainian authorities do business relates as well to Ukraine’s new Finance Minister Natalie Jaresko, who appears to have enriched herself at the expense of a $150 million U.S.-taxpayer-financed investment fund for Ukraine.
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  • Regarding Kolomoisky’s claim about “Russian saboteurs,” the government said that was not the case, explaining that the clash resulted from the parliament’s vote last week to reduce Kolomoisky’s authority to run the company from his position as a minority owner. As part of the shakeup, Kolomoisky’s protégé Oleksandr Lazorko was fired as chairman, but he refused to leave and barricaded himself in his office, setting the stage for Kolomoisky’s arrival with armed men.On Tuesday, the New York Times reported on the dispute but also flashed back to its earlier propagandistic praise of the 52-year-old oligarch, recalling that “Mr. Kolomoisky was one of several oligarchs, considered too rich to bribe, who were appointed to leadership positions in a bid to stabilize Ukraine.”Kolomoisky also is believed to have purchased influence inside the U.S. government through his behind-the-scenes manipulation of Ukraine’s largest private gas firm, Burisma Holdings. Last year, the shadowy Cyprus-based company appointed Vice President Joe Biden’s son, Hunter Biden, to its board of directors. Burisma also lined up well-connected lobbyists, some with ties to Secretary of State John Kerry, including Kerry’s former Senate chief of staff David Leiter, according to lobbying disclosures.
  • Jaresko, a former U.S. diplomat who received overnight Ukrainian citizenship in December to become Finance Minister, had been in charge of the Western NIS Enterprise Fund (WNISEF), which became the center of insider-dealing and conflicts of interest, although the U.S. Agency for International Development showed little desire to examine the ethical problems – even after Jaresko’s ex-husband tried to blow the whistle. [See Consortiumnews.com’s “Ukraine Finance Minister’s American ‘Values.’”]Passing Out the BillionsJaresko will be in charge of dispensing the $17.5 billion that the International Monetary Fund is allocating to Ukraine, along with billions of dollars more expected from U.S. and European governments.
  • As Time magazine reported, “Leiter’s involvement in the firm rounds out a power-packed team of politically-connected Americans that also includes a second new board member, Devon Archer, a Democratic bundler and former adviser to John Kerry’s 2004 presidential campaign. Both Archer and Hunter Biden have worked as business partners with Kerry’s son-in-law, Christopher Heinz, the founding partner of Rosemont Capital, a private-equity company.”According to investigative journalism in Ukraine, the ownership of Burisma has been traced to Privat Bank, which is controlled by Kolomoisky.So, it appears that Ukraine’s oligarchs who continue to wield enormous power inside the corrupt country are now circling each other over what’s left of the economic spoils and positioning themselves for a share of the international bailouts to come.
  • As for “democratic reform,” only in the upside-down world of the State Department’s Orwellian “information war” against Russia over Ukraine would imposing a corrupt and brutal oligarch like Kolomoisky as the unelected governor of a defenseless population be considered a positive.(Early Wednesday morning, President Poroshenko dismissed Kolomoisky from his post as Dnipropetrovsk regional governor.)
  • Paul Merrell on 25 Mar 15
     
    Another of the greatest U.S. exports: corruption.
  • Gary Edwards on 26 Mar 15
     
    Corporate oligarchs leading private but well armed armies in raids against the Ukrainian government holdings - controlled by other corporate oligarchs? This article dives into the mess that the USA and European NATO allies have stirred in the Ukraine, and through this lens we get to see what the world will look like when corporate oligarchs and their Bankster masters rule the world. The article is revealing, but it fails to connect the corporatist to the Banks that are sending in billions of dollars. The connection instead is made to the democratic governments intent on pushing the world into world war 3. Nor is there much mention of the oil and natural gas pipeline and supply geographics that dominate battlefields from the Ukraine, to Syria, Iraq and Lybia. The New World Order needs a third World War if it's to truly overturn the fragile post World War II economic order loosely based on free market capitalism, individual liberty and democratic governance. The end of national sovereignty, religious and cultural identities has one more hurdle. And there is no doubt in my mind that the elites are ready to jump that hurdle. World War III has spread from the middle east to middle Europe. Best we all hold on. .................. "Exclusive: Ukraine's post-coup regime is facing what looks like a falling-out among thieves as oligarch-warlord Igor Kolomoisky, who was given his own province to rule, brought his armed men to Kiev to fight for control of the state-owned energy company, further complicating the State Department's propaganda efforts, reports Robert Parry. In the never-never land of how the mainstream U.S. press covers the Ukraine crisis, the appointment last year of thuggish oligarch Igor Kolomoisky to govern one of the country's eastern provinces was pitched as a democratic "reform" because he was supposedly too rich to bribe, without noting that his wealth had come from plundering the country's economy. In other words, the new U.S.-b
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Prison Dispatches from the War on Terror: Gitmo Detainee's Life an "Endless Horror Movi... - 0 views

firstlook.org/...inee-life-endless-horror-movie war & peace civil-liberties Gitmo-detainees al-Alwi IACHR-petition
shared by Paul Merrell on 27 Mar 15 - No Cached
  • Moath Hamza Ahmed al-Alwi, a Yemeni national who has been detained at the American prison facility at Guantánamo Bay since 2002, weighs only 98 pounds. Never charged with a crime, al-Alwi, now 35 years old, is one of many detainees at the camp who have gone on a prolonged hunger strike. As described in a recent petition submitted to the Inter-American Commission on Human Rights (IACHR) by his lawyers, al-Alwi’s mental and physical state is seriously deteriorating after two years on hunger strike, and subsequent force-feeding.  Since commencing his strike in February 2013, al-Alwi alleges that he has been subjected to escalating physical and psychological abuse from guards, as well as increasingly brutal force-feeding procedures administered by medical personnel at the camp. Human rights organizations have described the force-feeding procedure employed at Guantánamo as torture, and the U.S. government has fought to keep video footage of the force-feeding of al-Alwi and other hunger-striking detainees from public view.
  • Moath Hamza Ahmed al-Alwi, a Yemeni national who has been detained at the American prison facility at Guantánamo Bay since 2002, weighs only 98 pounds. Never charged with a crime, al-Alwi, now 35 years old, is one of many detainees at the camp who have gone on a prolonged hunger strike. As described in a recent petition submitted to the Inter-American Commission on Human Rights (IACHR) by his lawyers, al-Alwi’s mental and physical state is seriously deteriorating after two years on hunger strike, and subsequent force-feeding.  Since commencing his strike in February 2013, al-Alwi alleges that he has been subjected to escalating physical and psychological abuse from guards, as well as increasingly brutal force-feeding procedures administered by medical personnel at the camp. Human rights organizations have described the force-feeding procedure employed at Guantánamo as torture, and the U.S. government has fought to keep video footage of the force-feeding of al-Alwi and other hunger-striking detainees from public view
  • Al-Alwi, who has described his strike as “a form of peaceful protest against injustice,” has said that he will not resume eating until there is some sort of legal resolution to his case. Prison officials have responded to his hunger strike by placing him in solitary confinement, denying him access to prescribed medical items and subjecting him to extreme temperatures in his cell. 
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  • According to the petition, al-Alwi’s nostril passages have now swelled shut due to the extra large tubes prison authorities have repeatedly forced down his nasal cavity during this feeding process. He also maintains that the force-feeding sessions have led to heavy vomiting and daily blood loss. Shackled to a chair for hours each day during the force-feeding sessions, al-Alwi now suffers severe back pain and other debilitating physical injuries. In his petition, al-Alwi describes his life in Guantánamo as “an endless horror story.” In April 2013, a delegation from the International Committee of the Red Cross conducted a visit to Guantánamo to meet with detainees and assess conditions there. On the day immediately following their departure, armed guards raided a cellblock housing al-Alwi and several other hunger-striking detainees while they prepared for communal prayers.
  • The complaint further alleges that prisoners were physically assaulted by guards during this raid, some of whom fired rubber-coated steel bullets at them. Al-Alwi was among those wounded, with bullets hitting him in his thigh, elbow and back as he tried to flee from guards firing at him; those shots were allegedly fired from the other side of a chain-link fence. Al-Alwi says that he has never received adequate medical treatment for these wounds; he was handcuffed and left to bleed for 20 minutes by guards before a doctor arrived. A few of his wounds were rubbed with anti-infection cream while the remainder have remained wholly untreated to this day. As a result, al-Alwi says that he suffers chronic and debilitating pain and swelling from these injuries.
  • The circumstances leading to al-Alwi’s detention at Guantánamo are obscure. One of hundreds of young Arab men who were captured by Pakistani bounty hunters following the Sept. 11 attacks, al-Alwi was not a known or wanted terrorist, but was nonetheless turned over to U.S. troops by locals in Pakistan for a cash reward later that year. On Jan. 16, 2002, he arrived at Guantánamo Bay where he has remained ever since. A 2006 report by Amnesty International found that cash bounties offered for turning over “terrorists” to U.S. forces had effectively created a lucrative cash market for capturing young Arab men in Pakistan and Afghanistan. Fliers distributed by the U.S. government in the region offered “millions of dollars” in exchange for turning over purported Al-Qaeda and Taliban members, promising those who were able to render suspects to American custody “enough money to take care of your family, your village, your tribe for the rest of your life.”
  • Al-Alwi says that American interrogators tortured him until he made false confessions about his involvement in terrorism. Despite having now spent over a decade in custody, with no foreseeable prospect of release, he has not been charged with any crime. Describing his brutal treatment by riot guards who come to restrain him for force-feedings, al-Alwi told his lawyers in the petition:  “I weigh less than 100 pounds. I wear braces on both ankles, and both wrists, and one around my lower back. I am five foot five … and they claim that I am ‘resisting’ … How can I possibly resist anyone, let alone these men?”
  • Paul Merrell on 27 Mar 15
     
    "... in the land of the free and the home of the brave" forget about the right to a speedy trial.
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