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Covington & Burling Gets Eric Holder Back After 6-Year Stopover - 0 views

  • After failing to criminally prosecute any of the financial firms responsible for the market collapse in 2008, former Attorney General Eric Holder is returning to Covington & Burling, a corporate law firm known for serving Wall Street clients. The move completes one of the more troubling trips through the revolving door for a cabinet secretary. Holder worked at Covington from 2001 right up to being sworn in as attorney general in Feburary 2009. And Covington literally kept an office empty for him, awaiting his return. The Covington & Burling client list has included four of the largest banks, including Bank of America, Citigroup, JPMorgan Chase and Wells Fargo. Lobbying records show that Wells Fargo is still a client of Covington. Covington recently represented Citigroup over a civil lawsuit relating to the bank’s role in Libor manipulation.
  • Covington was also deeply involved with a company known as MERS, which was later responsible for falsifying mortgage documents on an industrial scale. “Court records show that Covington, in the late 1990s, provided legal opinion letters needed to create MERS on behalf of Fannie Mae, Freddie Mac, Bank of America, JPMorgan Chase and several other large banks,” according to an investigation by Reuters. The Department of Justice under Holder not only failed to pursue criminal prosecutions of the banks responsible for the mortage meltdown, but in fact de-prioritized investigations of mortgage fraud, making it the “lowest-ranked criminal threat,” according to an inspector general report. For insiders, the Holder decision to return to Covington was never a mystery. Timothy Hester, the chairman of Covington, told the National Law Journal that Holder’s return to the firm had been “a project” of his ever since Holder left to the join the administration in 2009. When the firm moved to a new building last year, it kept an 11th-story corner office reserved for Holder.
  • Holder’s critics charge that he made a career out of institutionalizing “Too Big to Prosecute” rules within the department. In 1999, as a deputy attorney general, Holder authored a memo arguing that officials should consider the “collateral consequences” when prosecuting corporate crimes. In 2012, Holder’s enforcement chief, Lanny Breuer, admitted during a speech to the New York City Bar Association that the department may go easy on certain corporate criminals if they believe prosecutions may disrupt financial markets or cause layoffs. “In some cases, the health of an industry or the markets are a real factor,” Breuer said. Rather than face accountability for their failures, the incentive structure of modern Washington is designed to reward both men. Breuer left the department in 2013 to rejoin Covington. Holder is set to become among the highest-earning partners at the firm, with compensation in the seven or eight figures.
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Hillary Clinton Just Made Passage of the TPP Much More Difficult | The Nation - 0 views

  • In a Wednesday afternoon interview with PBS, Hillary Clinton announced that she is opposed to the Trans-Pacific Partnership trade deal that was finalized just two days earlier. “As of today, I am not in favor of what I have learned about it,” she told Judy Woodruff. “I don’t believe it is going to meet the high bar I have set.” Ad Policy There will be endless analysis and chatter about how this impacts the Democratic presidential primary—but forget that for now. The real intrigue is how Clinton has impacted what’s sure to be a close vote in Congress on the TPP next year, because from almost any angle, Clinton’s position will make its passage much more difficult.
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Greg Palast: 25 Years After Exxon Valdez, BP Was the Hidden Culprit - Truthdig - 0 views

  • Two decades ago I was the investigator for the legal team that sold you the bullshit that a drunken captain was the principal cause of the Exxon Valdez disaster, the oil tanker crackup that poisoned over a thousand miles of Alaska’s coastline 25 years ago on March 24, 1989. The truth is far uglier, and the real culprit—British Petroleum, now BP—got away without a scratch to its reputation or to its pocketbook. And because BP’s willful negligence, prevarications and fraud in the Exxon Valdez spill cost the company nothing, its disdain for the law, for the environment and for the safety of its workers was repeated in the Gulf of Mexico with deadly consequences, resulting, two decades later, in the Deepwater Horizon disaster. Just this month, the Obama administration authorized BP to return to drilling in the Gulf.
  • It would be worth the time of our ever-trusting regulators to take a look at my Exxon Valdez BP files. They would see a decades-long pattern of BP’s lies, bribes and cover-ups that led, inexorably, to the Deepwater Horizon blowout—and that continue today within BP’s worldwide oil operations. Advertisement <a href='http://www.truthdig.com/banners/www/delivery/ck.php?n=abee66dc&cb=453495791' target='_blank'><img src='http://www.truthdig.com/banners/www/delivery/avw.php?zoneid=8&cb=453495791&n=abee66dc' border='0' alt='' /></a> Here is a sample from my files on BP from the original Exxon Valdez fraud and racketeering investigation:
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Obama Knew Arming Rebels Was Useless, But Did It Anyway - The Intercept - 0 views

  • What’s worse: Launching a disastrous military campaign under false pretenses to achieve goals you wrongly believe are attainable? Or launching a disastrous military campaign you know is doomed in order to help your party win an election? I ask in light of today’s New York Times story about how President Obama asked the CIA a while back whether arming rebel forces – pretty much the agency’s signature strategy — had ever worked in the past. He was told that it almost never has. But then in June, once the political pressure for intervention in Syria got too great, he did just that — sending weapons to rebels fighting the Syrian military. Yes: He knew better, but he did it anyway.
  • Obama’s biggest such decision killed a lot of American servicemembers who he sent to fight and die in Afghanistan. During his 2008 presidential campaign, which was marked by his opposition to the war in Iraq, then-Senator Obama’s vow to re-engage in Afghanistan was seen by many as a ploy to avoid being cast as a dove, first by Hillary Clinton and then by John McCain. What’s not clear to this day is precisely when Obama knew better; when he realized that the war in Afghanistan was hopeless. By inauguration time, that conclusion seemed fairly obvious to many foreign-policy watchers. So why not him?
  • But one month into his presidency, Obama announced he was sending more troops there – 30,000, as it would turn out. Despite the obvious lack of what he himself had frequently described as a must — an exit strategy – he increased the number of troops in Afghanistan by 50 percent. And the monthly death tolls shot up. Over 1,600 American servicemembers  have died in Afghanistan since the summer of 2009 — well over half of all the dead during the entire war – along with countless Afghans. There were public signs in November 2009 that Obama was “rethinking” his plan. David Sanger, in his book Confront and Conceal, wrote that Obama actually began a “reassessment of whether the war was as necessary as he first believed” even earlier, in the summer of 2009. (At an off-the-record June 2009 dinner with historians the “main point” his guests tried to make was “that pursuit of war in Afghanistan would be for him what Vietnam was to Lyndon Johnson,” Garry Wills wrote  later.)
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  • And according to Sanger’s murky sources, the recognition that things were hopeless came at the latest by June 2011. But it wasn’t for three more long years —  until this May — that Obama finally announced U.S. troops would be out of Afghanistan by the end of 2016. Which brings us to the question I raised at the top. George W. Bush’s decision to go to war in Iraq sent vastly more people to their deaths than anything Obama did – nearly 5,000 U.S. servicemembers, plus over 100,000 Iraqi civilians – and left as many as half a million U.S. servicemembers wounded or otherwise permanently damaged
  • (Obama’s latest doomed-to-fail show of force explicitly keeps U.S. servicemembers out of harm’s way. ) But Bush at least thought the war in Iraq would do some good. He was incredibly wrong, mind you. He was both delusional — and actively manipulated by neocons like Dick Cheney (who believe the application of American power is always and inherently a good thing). He intentionally misled the public about his real reasons for going to war (the terrorist attacks of 9/11 were an excuse, not a reason; there were no Iraqi weapons of mass destruction). His eventual goal was both unachievable (a sudden flowering of pro-Western democracy in the Middle East) and perverse (American control of Iraqi oil fields). His methods (firing all the Baathists; trying to install a corrupt puppet) were spectacularly misguided. Much of the rest of his presidency was consumed with sectarian warfare in Iraq and new lies to  cover up the old ones at home. And the end result was a massive human rights catastrophe, including torture of U.S. detainees, a refugee crisis, mass casualties, social disorder and – finally – the Islamic State.
  • Bush also certainly saw – and exploited — the political upside of being a war president. But he didn’t let loose the dogs of war simply because his political operatives told him it would poll well.
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U.S. Says It Spied on 89,000 Targets Last Year, But the Number Is Deceptive | Threat Le... - 0 views

  • About 89,000 foreigners or organizations were targeted for spying under a U.S. surveillance order last year, according to a new transparency report. The report was released for the first time Friday by the Office of the Director of Intelligence, upon order of the president, in the wake of surveillance leaks by NSA whistleblower Edward Snowden. But the report, which covers only surveillance orders issued in 2013, doesn’t tell the whole story about how many individuals the spying targeted or how many Americans were caught in the surveillance that targeted foreigners. Civil liberties groups say the real number is likely “orders of magnitude” larger than this. “Even if it was an honest definition of ‘target’—that is, an individual instead of a group—that also is not encompassing those who are ancillary to a target and are caught up in the dragnet,” says Kurt Opsahl, deputy general counsel of the Electronic Frontier Foundation.
  • In its report, the government indicated that the 423 selectors involved just 248 “known or presumed” Americans whose information was collected by the agency in the database. But Opsahl says that both of these numbers are deceptive given what we know about the database and how it’s been used. “We know it’s affecting millions of people,” he points out. But “then we have estimated numbers of affected people [that are just] in the three digits. That requires some effort [on the government's part] to find a way to do the definition of the number [in such a way] to make it as small as possible.”
  • “If you’re actually trying to get a sense of the number of human beings affected or the number of Americans affected, the number of people affected is vastly, vastly larger,” says Julian Sanchez, senior fellow at the Cato Institute. “And how many of those are Americans is impossible to say. But [although] you may not think you are routinely communicating with foreign persons, [this] is not any kind of assurance that your communications are not part of the traffic subject to interception.” Sanchez points out that each individual targeted is likely communicating with dozens or hundred of others, whose communications will be picked up in the surveillance. “And probably a lot of these targets are not individuals but entire web sites or companies. While [a company like the Chinese firm] Huawei might be a target, thousands of emails used by thousands of employees will be swept up.” How many of those employees might be American or communicating with Americans is unknown.
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  • Also revealed in today’s report is the number of times the government has queried the controversial phone records database it created by collecting the phone records of every subscriber from U.S. providers. According to the report, the government used 423 “selectors” to search its massive phone records database, which includes records going back to at least 2006 when the program began. A search involves querying a specific phone number or device ID that appears in the database. The government has long maintained that its collection of phone records isn’t a violation of its authority, since it only views the records of specific individuals targeted in an investigation. But such searches, even if targeted at phone numbers used by foreigners, would include calls made to and from Americans as well as calls exchanged with people two or three hops out from the targeted number.
  • The report, remarkably, shows that the government obtained just one order last year under Section 702 of FISA—which allows for bulk collection of data on foreigners—and that this one order covered 89,138 targets. But, as the report notes, “target” can refer to “an individual person, a group, an organization composed of multiple individuals or a foreign power that possesses or is likely to communicate foreign intelligence information.” Furthermore, Section 702 orders are actually certificates issued by the FISA Court that can cover surveillance of an entire facility. And since, as the government points out in its report, the government cannot know how many people use a facility, the figure only “reflects an estimate of the number of known users of particular facilities (sometimes referred to as selectors) subject to intelligence collection under those Certifications,” the report notes.
  • One additional figure today’s report covers is the number of National Security Letters the government issued last year to businesses to obtain data on accountholders and users—19,212. NSLs are written demands from the FBI that compel internet service providers, credit companies, financial institutions and others to hand over confidential records about their customers, such as subscriber information, phone numbers and e-mail addresses, websites visited, and more. These letters are a powerful tool because they do not require court approval, and they come with a built-in gag order, preventing recipients from disclosing to anyone that they have received an NSL. An FBI agent looking into a possible anti-terrorism case can self-issue an NSL to a credit bureau, ISP, or phone company with only the sign-off of the Special Agent in Charge of their office. The FBI has merely to assert that the information is “relevant” to an investigation into international terrorism or clandestine intelligence activities.
  • The FBI has issued hundreds of thousands of NSLs over the years and has been reprimanded for abusing them. Last year a federal judge ruled that the use of NSLs is unconstitutional, due to the gag order that accompanies them, and ordered the government to stop using them. Her ruling, however, was stayed pending the government’s appeal.
  • According to the government’s report today, the 19,000 NSLs issued last year involved more than 38,000 requests for information.
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Bank Of America's $17 Billion Mortgage Crisis Settlement Could Be A Total Bust | ThinkP... - 0 views

  • Bank of America has agreed to a legal settlement with the Department of Justice (DOJ) to avoid prosecution for the hundreds of billions of dollars in bad mortgage loans that it and its subsidiaries sold to unwitting investors in the run-up to the financial crisis, according to multiple new reports. The total on-paper cost of the deal is reportedly at least $16 billion and perhaps as high as $17 billion, which makes it the largest corporate legal settlement with the government in U.S. history. But that record price tag is deceptive. The deal is unlikely to cost Bank of America anywhere close to that amount.
  • “If you let a thief buy his way out of jail, you should really make sure the check doesn’t bounce,” HDL national campaign director Kevin Whelan said in an email. “Even a record $17 billion settlement is a small fraction of the damage done by B of A and Countrywide. But it could do real good for a lot of families,” Whelan said. “The fact that the JP Morgan Chase settlement has not delivered any noticeable relief to families makes us skeptical.”
  • the government’s decision to pursue civil settlements rather than criminal cases against banks that inflated the toxic mortgage bubble means that shareholders pay the price while executives who oversaw the misconduct earn large bonuses.
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  • Even at face value, the reported settlement is minuscule compared to the harm caused by Bank of America companies. The on-paper cost of the deal is less than 7 percent of the value of the mortgage deals Bank of America and its subsidiaries Countrywide and Merrill Lynch made before the crisis that have since gone bad. (Bank of America bought Countrywide and Merrill Lynch at the height of the crisis.) Those three companies issued just shy of a trillion dollars in mortgage-backed securities in the run-up to the financial collapse, and $245 billion of those products have gone bad, according to Bloomberg. Bank of America had pushed for a much smaller settlement for months, arguing that it should not have to pay for the sins of the firms it bought at bargain-bin prices when the economy was reeling. But a court ruling last month regarding Countrywide’s most notorious mortgage swindle caused the bank to change its tune, according to the New York Times. Judge Jed Rakoff ordered the bank to pay about $1.3 billion for one tranch of defective mortgages sold under a program that Countrywide nicknamed “Hustle” because of its fraudulent nature. Having lost one court case over Countrywide’s notorious misdeeds, the Times says, Bank of America decided to stop resisting federal officials’ settlement demands.
  • After tax deductions, the settlement could easily shrink below the roughly $15 billion in profits the company has reported since 2011. And because the financial crisis sucked something like $14 trillion out of the economy and destroyed tens of trillions of dollars in wealth for homeowners, the DOJ can hardly claim to have delivered a proportional response. The department’s claims about the Bank of America settlement are likely to draw political scrutiny. A bipartisan bill from Sens. Elizabeth Warren (D-MA) and Tom Coburn (R-OK) would require government officials to state the full tax deductibility and true cost of corporate legal settlements in all public statements about them. That bill, inspired by the revelations that JP Morgan’s sweetheart deal with the DOJ didn’t come close to the portrait that Attorney General Eric Holder painted of it, was passed out of committee late last month.
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BBC News - Ukraine crisis: Putin hopes for peace deal by Friday - 0 views

  • Russia's president has said he is hoping for a peace deal between Ukraine and pro-Russian rebels by Friday. Vladimir Putin urged both sides to stop military action in eastern Ukraine, adding that his views and those of his Ukrainian counterpart were very close. Ukraine President Petro Poroshenko said they had agreed a "ceasefire process" but PM Arseny Yatsenyuk said no plan from Mr Putin should be trusted.
  • Insisting that Russia is in no way a negotiating party in the Ukrainian conflict, Vladimir Putin is nevertheless certain that it is Moscow's proposals that are going to advance both sides to peace. Mr Putin's plan is short and leaves a lot of room for interpretation. Take, for example, a point on moving Ukrainian troops away from positions from which towns and cities can be shelled. Taken to an extreme, this could mean rewinding the situation on the ground to a point several weeks ago before Ukrainian advances. Just two weeks ago the discussions centred around when, and not if, the rebels would have to move out of Donetsk and Luhansk. But Moscow's plan will allow them to strengthen their control over the two regional centres and other areas.
  • Mr Putin has often seemed unwilling to negotiate from a position of weakness and the reversals of the past few days illustrate this perfectly. Now it's Petro Poroshenko who has to choose whether to accept something which clearly protects Kiev's enemies in eastern Ukraine.
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  • Speaking to journalists in the Mongolia capital Ulan Bator, Mr Putin said the two sides should reach agreement when they resumed talks in Minsk on Friday. "Our views on the way to resolve the conflict, as it seemed to me, are very close," he said, referring to a phone conversation with Mr Poroshenko.
  • He said he was proposing a seven-point peace plan: The Ukrainian army and eastern rebels should stop "active offensive operations" Ukrainian troops must pull back to a distance where they would be unable to shell population centres International monitoring of the ceasefire No use of military jets against civilians "All-for-all" prisoner exchange without preconditions Humanitarian corridor for refugees and to deliver aid Restoration of destroyed infrastructure. In its statement (in Russian), the Kremlin said a phone conversation had taken place on Wednesday between the two presidents in which their points of view had "coincided significantly" on possible ways to end the crisis.
  • Mr Putin's spokesman, Dmitry Peskov, clarified for Russian news agency Ria-Novosti: "Putin and Poroshenko did not agree a ceasefire in Ukraine because Russia is not party to the conflict, they only discussed how to settle the conflict." Mr Poroshenko said he also hoped for a ceasefire. "The people of Ukraine want peace while some politicos want to play a game of war. I will not allow this to happen. We must pull together in fighting for peace," he said. But Ukrainian Prime Minister Arseny Yatsenyuk rejected the proposal. "The real plan of Putin is to destroy Ukraine and to restore the Soviet Union," he said.
  • Pro-Russian rebels said they supported Mr Putin's proposals but that they did not trust Mr Poroshenko to observe a ceasefire. Meanwhile a Ukrainian official in Zaporizhzhya region, west of the combat zone, said the bodies of 87 soldiers and pro-government volunteers killed in a controversial incident near the town of Ilovaysk several days ago had been brought to a local morgue. The Ukrainian military says troops were fired on by rebels on Sunday after they had apparently been given safe passage out of an encirclement during rapid rebel advances. No-one has been able to confirm the circumstances of the killings or the total number of dead. More than 2,600 civilians and combatants have been killed and more than a million people have fled their homes since fighting erupted in eastern Ukraine in April, when pro-Russian separatists there declared independence.
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The Latest Rules on How Long NSA Can Keep Americans' Encrypted Data Look Too Familiar |... - 0 views

  • Does the National Security Agency (NSA) have the authority to collect and keep all encrypted Internet traffic for as long as is necessary to decrypt that traffic? That was a question first raised in June 2013, after the minimization procedures governing telephone and Internet records collected under Section 702 of the Foreign Intelligence Surveillance Act were disclosed by Edward Snowden. The issue quickly receded into the background, however, as the world struggled to keep up with the deluge of surveillance disclosures. The Intelligence Authorization Act of 2015, which passed Congress this last December, should bring the question back to the fore. It established retention guidelines for communications collected under Executive Order 12333 and included an exception that allows NSA to keep ‘incidentally’ collected encrypted communications for an indefinite period of time. This creates a massive loophole in the guidelines. NSA’s retention of encrypted communications deserves further consideration today, now that these retention guidelines have been written into law. It has become increasingly clear over the last year that surveillance reform will be driven by technological change—specifically by the growing use of encryption technologies. Therefore, any legislation touching on encryption should receive close scrutiny.
  • Section 309 of the intel authorization bill describes “procedures for the retention of incidentally acquired communications.” It establishes retention guidelines for surveillance programs that are “reasonably anticipated to result in the acquisition of [telephone or electronic communications] to or from a United States person.” Communications to or from a United States person are ‘incidentally’ collected because the U.S. person is not the actual target of the collection. Section 309 states that these incidentally collected communications must be deleted after five years unless they meet a number of exceptions. One of these exceptions is that “the communication is enciphered or reasonably believed to have a secret meaning.” This exception appears to be directly lifted from NSA’s minimization procedures for data collected under Section 702 of FISA, which were declassified in 2013. 
  • While Section 309 specifically applies to collection taking place under E.O. 12333, not FISA, several of the exceptions described in Section 309 closely match exceptions in the FISA minimization procedures. That includes the exception for “enciphered” communications. Those minimization procedures almost certainly served as a model for these retention guidelines and will likely shape how this new language is interpreted by the Executive Branch. Section 309 also asks the heads of each relevant member of the intelligence community to develop procedures to ensure compliance with new retention requirements. I expect those procedures to look a lot like the FISA minimization guidelines.
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  • This language is broad, circular, and technically incoherent, so it takes some effort to parse appropriately. When the minimization procedures were disclosed in 2013, this language was interpreted by outside commentators to mean that NSA may keep all encrypted data that has been incidentally collected under Section 702 for at least as long as is necessary to decrypt that data. Is this the correct interpretation? I think so. It is important to realize that the language above isn’t just broad. It seems purposefully broad. The part regarding relevance seems to mirror the rationale NSA has used to justify its bulk phone records collection program. Under that program, all phone records were relevant because some of those records could be valuable to terrorism investigations and (allegedly) it isn’t possible to collect only those valuable records. This is the “to find a needle a haystack, you first have to have the haystack” argument. The same argument could be applied to encrypted data and might be at play here.
  • This exception doesn’t just apply to encrypted data that might be relevant to a current foreign intelligence investigation. It also applies to cases in which the encrypted data is likely to become relevant to a future intelligence requirement. This is some remarkably generous language. It seems one could justify keeping any type of encrypted data under this exception. Upon close reading, it is difficult to avoid the conclusion that these procedures were written carefully to allow NSA to collect and keep a broad category of encrypted data under the rationale that this data might contain the communications of NSA targets and that it might be decrypted in the future. If NSA isn’t doing this today, then whoever wrote these minimization procedures wanted to at least ensure that NSA has the authority to do this tomorrow.
  • There are a few additional observations that are worth making regarding these nominally new retention guidelines and Section 702 collection. First, the concept of incidental collection as it has typically been used makes very little sense when applied to encrypted data. The way that NSA’s Section 702 upstream “about” collection is understood to work is that technology installed on the network does some sort of pattern match on Internet traffic; say that an NSA target uses example@gmail.com to communicate. NSA would then search content of emails for references to example@gmail.com. This could notionally result in a lot of incidental collection of U.S. persons’ communications whenever the email that references example@gmail.com is somehow mixed together with emails that have nothing to do with the target. This type of incidental collection isn’t possible when the data is encrypted because it won’t be possible to search and find example@gmail.com in the body of an email. Instead, example@gmail.com will have been turned into some alternative, indecipherable string of bits on the network. Incidental collection shouldn’t occur because the pattern match can’t occur in the first place. This demonstrates that, when communications are encrypted, it will be much harder for NSA to search Internet traffic for a unique ID associated with a specific target.
  • This lends further credence to the conclusion above: rather than doing targeted collection against specific individuals, NSA is collecting, or plans to collect, a broad class of data that is encrypted. For example, NSA might collect all PGP encrypted emails or all Tor traffic. In those cases, NSA could search Internet traffic for patterns associated with specific types of communications, rather than specific individuals’ communications. This would technically meet the definition of incidental collection because such activity would result in the collection of communications of U.S. persons who aren’t the actual targets of surveillance. Collection of all Tor traffic would entail a lot of this “incidental” collection because the communications of NSA targets would be mixed with the communications of a large number of non-target U.S. persons. However, this “incidental” collection is inconsistent with how the term is typically used, which is to refer to over-collection resulting from targeted surveillance programs. If NSA were collecting all Tor traffic, that activity wouldn’t actually be targeted, and so any resulting over-collection wouldn’t actually be incidental. Moreover, greater use of encryption by the general public would result in an ever-growing amount of this type of incidental collection.
  • This type of collection would also be inconsistent with representations of Section 702 upstream collection that have been made to the public and to Congress. Intelligence officials have repeatedly suggested that search terms used as part of this program have a high degree of specificity. They have also argued that the program is an example of targeted rather than bulk collection. ODNI General Counsel Robert Litt, in a March 2014 meeting before the Privacy and Civil Liberties Oversight Board, stated that “there is either a misconception or a mischaracterization commonly repeated that Section 702 is a form of bulk collection. It is not bulk collection. It is targeted collection based on selectors such as telephone numbers or email addresses where there’s reason to believe that the selector is relevant to a foreign intelligence purpose.” The collection of Internet traffic based on patterns associated with types of communications would be bulk collection; more akin to NSA’s collection of phone records en mass than it is to targeted collection focused on specific individuals. Moreover, this type of collection would certainly fall within the definition of bulk collection provided just last week by the National Academy of Sciences: “collection in which a significant portion of the retained data pertains to identifiers that are not targets at the time of collection.”
  • The Section 702 minimization procedures, which will serve as a template for any new retention guidelines established for E.O. 12333 collection, create a large loophole for encrypted communications. With everything from email to Internet browsing to real-time communications moving to encrypted formats, an ever-growing amount of Internet traffic will fall within this loophole.
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    Tucked into a budget authorization act in December without press notice. Section 309 (the Act is linked from the article) appears to be very broad authority for the NSA to intercept any form of telephone or other electronic information in bulk. There are far more exceptions from the five-year retention limitation than the encrypted information exception. When reading this, keep in mind that the U.S. intelligence community plays semantic games to obfuscate what it does. One of its word plays is that communications are not "collected" until an analyst looks at or listens to partiuclar data, even though the data will be searched to find information countless times before it becomes "collected." That searching was the major basis for a decision by the U.S. District Court in Washington, D.C. that bulk collection of telephone communications was unconstitutional: Under the Fourth Amendment, a "search" or "seizure" requiring a judicial warrant occurs no later than when the information is intercepted. That case is on appeal, has been briefed and argued, and a decision could come any time now. Similar cases are pending in two other courts of appeals. Also, an important definition from the new Intelligence Authorization Act: "(a) DEFINITIONS.-In this section: (1) COVERED COMMUNICATION.-The term ''covered communication'' means any nonpublic telephone or electronic communication acquired without the consent of a person who is a party to the communication, including communications in electronic storage."       
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Update on Iran Sanctions Legislation « LobeLog - 0 views

  • The sponsors of the latest Kirk-Menendez Iran sanctions bill appear determined to move the legislation as quickly as possible, although it has yet to be formally introduced. Of course, both Obama and visiting British Prime Minister David Cameron came out strongly against any sanctions legislation during their joint press appearance at the White House Friday, warning that approval risked sabotaging not only the ongoing negotiations, but also unity among the P5+1 (U.S., U.K, France, Russia, China plus Germany) themselves. In olden times one would have expected most Republicans to take seriously what a British prime minister–especially one from Winston Churchill’s Conservative Party–has to say about a foreign policy issue of mutual interest. But the combination of their real hatred for Obama and purported love for Israel (and especially for the campaign funds from wealthy Republican Jewish Coalition donors like Sheldon Adelson) is likely to supersede the historic “special relationship” extolled by Churchill himself. In any event, the best and most up-to-date summary of where things stand was provided in the weekly Legislative Round-Up by Lara Friedman of Americans for Peace Now (APN), lengthy excerpts of which are reproduced below with permission. (APN legislative round-ups are an excellent source for tracking what’s happening on Capitol Hill on Middle East policy.) Note that there are two parts to her account: the first is regarding an AIPAC draft that circulated earlier this week (and Lara’s analysis of that legislation); the second, an updated version circulated at week’s end apparently in the hope of securing more Democratic support, as well as Lara’s analysis of that draft.
  • Updated analysis of Kirk-Menendez text (as of 3pm, 1/16) In some annoying corollary to Murphy’s Law, shortly after posting analysis of the draft text of the new Kirk-Menendez sanctions bill (in which it was noted that the text should not be considered final or authoritative), a newer draft of the bill began circulating (underscoring the oddness of AIPAC circulating a “summary” of the bill while it was/is apparently still being tweaked).  Bearing in mind that this new text should still not be considered final or authoritative, the following are some observations about this newer text:
  • Existing sanctions don’t snap back, but additional sanctions relief remains elusive: This newer text repeats language in the earlier draft to the effect that while following an agreement (and required notification to Congress) the President may not waive any sanctions on Iran until Congress has had time to review the deal and the Administration’s plans to verify Iranian compliance. The newer version includes language – completely absent in the earlier draft – stipulating that this ban on waiving sanctions does not apply to sanctions previously waived under the JPOA. Notably, the updated version of the bill still stipulates that the Congressional review period during which the President is barred from waiving any new sanctions must last “30 days of continuous session of Congress,” and defines “continuous session” as not including periods where Congress is in recess for more than 3 days.  What does this mean? Looking at the House Calendar for 2105 and counting the days, it means that if the President sends the details of a deal and the required “verification assessment” to Congress on July 5, no new sanctions may be waived until at least November 13.
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  • Automatic new sanctions if no agreement or further delay: Like the earlier version, this text stipulates that new sanctions would automatically be imposed, escalating over a period of months, in the event that  the Presidents fails to send to Congress the details of a comprehensive deal reached with Iran and the required “verification assessment” by July 5. This appears to apply even in the case of an additional extension or the sides agreeing to a period to iron out the details of implementation of an agreement.  It also stipulates that in the event that the President fails to send to Congress the details of a comprehensive deal reached with Iran and the required “verification assessment” by July 5, any sanctions previously waived by the President under the JPOA will automatically snap back on.
  • Laying out far-reaching parameters for a deal: Like in the previous version, the Sense of Congress included in the bill is, by definition, non-binding. It nonetheless sends a strong statement of Congressional intent. And this Sense of Congress, like the previous version, sends a statement of hardline red lines in order for any deal to be acceptable to Congress (and the lengthy review period imposed by this bill clearly implies that Congress will be reviewing any agreement to determine if it meets its standards – and implies that if it does not meet its standards, there will be concrete consequences). Promising that sanctions will continue, regardless of a deal. While, like in the previous version, the Sense of Congress is by definition non-binding, it nonetheless sends a strong statement of Congressional intent. And this Sense of Congress once again makes clear that even if there is a deal that verifiably addresses U.S. concerns about Iran’s nuclear program, Congress will seek to continue to impose far-reaching sanctions against Iran for other reasons.
  • Planting the seeds for a deal to far apart:  The key provisions of this updated version of the bill, even amended, are a clear poison pill for any agreement.  In effect, this bill undermines negotiations and weakens U.S. negotiators. Rather than offering more sanctions relief to Iran in exchange for a deal, it prohibits it, and establishes a 4-month period during which the President is explicitly deprived of any authority to deliver anything to Iran beyond what was already delivered during negotiations. Assuming Iran would agree to a deal under such circumstances – which is doubtful – this bill sets into motion a dynamic in which Iranian opponents of a diplomacy will have an easy time arguing against the deal, and in which mischief-makers in Congress will have ample time to push ahead with new legislation rejecting a deal or putting new conditions on its implementation and limitations on sanctions relief. And given the Sense of Congress in this bill – which makes the case for continued Iran sanctions even after a nuclear deal, it is not a stretch to imagine that members of Congress would adopt such an approach during this 4 month waiting period.
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    Remember that the Israeli-firsters goal is not actually do do anything about Iranian nuclear weapons: there are none. There goal is to shoot down the negotiations and for the U.S. to bomb Iran back into the Stone Age.
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| The Archived Columns of Conn M. Hallinan - 0 views

  • Almost before the votes were counted in the recent Greek elections, battle lines were being drawn all over Europe. While Alexis Tsipras, the newly elected Prime Minister from Greece’s victorious Syriza Party, was telling voters, “Greece is leaving behind catastrophic austerity, fear and autocratic government,” Jens Weidmann, president of the German Bundesbank, was warning the new government not to “make promises it cannot keep and the country cannot afford.”   On Feb. 12 those two points of view will collide when European Union (EU) heads of state gather in Brussels. Whether the storm blowing out of Southern Europe proves an irresistible force, or the European Council an immovable object, is not clear, but whatever the outcome, the continent is not likely to be the same after that meeting.   The Jan 25 victory of Greece’s leftwing Syriza Party was, on one hand, a beacon for indebted countries like Spain, Portugal, Italy and Ireland. On the other, it is a gauntlet for Germany, the Netherlands, Finland, and the “troika”—the European Central bank, the European Commission, and the International Monetary Fund (IMF)—the designers and enforcers of loans and austerity policies that have inflicted a catastrophic economic and social crisis on tens of millions of Europeans.
  • The troika’s policies were billed as “bailouts” for countries mired in debt—one largely caused by the 2008 financial speculation bubble over which indebted countries had little control—and as a way to restart economic growth. In return for the loans, the EU and the troika demanded massive cutbacks in social services, huge layoffs, privatization of pubic resources, and higher taxes.   However, the “bailouts” did not go toward stimulating economies, but rather to repay creditors, mostly large European banks. Out of the $266 billion loaned to Greece, 89 percent went to investors. After five years under the troika formula, Greece was the most indebted country in Europe. Gross national product dropped 26 percent, unemployment topped 27 percent (and over 50 percent for young people), and one-third of the population lost their health care coverage.   Given a chance to finally vote on the austerity strategy, Greeks overwhelmingly rejected the parties that went along with the troika and elected Syriza.
  • Gerry Adams of Sinn Fein—now the third largest party in the Irish Republic—hailed the vote as opening “up the real prospect of democratic change, not just for the people of Greece, but for citizens right across the EU.” Unemployment in Ireland is 10.7 percent, and tens of thousands of jobless young people have been forced to emigrate.   The German Social Democrats are generally supportive of the troika, but the Green Party hailed the Syriza victory and Die Linke Party members marched with signs reading, “We start with Greece. We change Europe.”   Italian Prime Minister Matteo Renzi—who has his own issues with the EU’s rigid approach to debt—hailed the Greek elections, and top aide Sandro Gozi said that Rome was ready to work with Syriza. The jobless rate in Italy is 13.4 percent, but 40 percent among youth.
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  • In short, there are a number of currents in the EU and a growing recognition even among supporters of the troika that prevailing approach to debt is not sustainable.   One should have no illusions that Syriza will easily sweep the policies of austerity aside, but there is a palpable feeling on the continent that a tide is turning. It did not start with the Greek elections, but with last May’s European Parliament elections, where anti-austerity parties made solid gains. While some right-wing parties that opportunistically donned a populist mantle also increased their vote, they could not do so where they were challenged by left anti-austerity parties. For instance, the right did well in Denmark, France, and Britain, but largely because there were no anti-austerity voices on the left in those races. Elsewhere the left generally defeated their rightist opponents.   If Syriza is to survive, however, it must deliver, and that will be a tall order given the power of its opponents.
  • The French Communist Party hailed the Greek elections as “Good news for the French people,” and Jean-Luc Melenchon of the Parti de Gauche called for a left-wing alliance similar to Syriza. French President Francois Hollande made a careful statement about “growth and stability,” but the Socialist leader is trying to quell a revolt by the left flank of his own party over austerity, and Paris is closer to Rome than it is to Berlin on the debt issue.   While the conservative government of Portugal was largely silent, Left Bloc Member of Parliament Marisa Matias told a rally, “A victory for Syriza is a victory for all of Europe.”
  • As convoluted as Greek politics are, the main obstacle for Syriza will come from other EU members and the Troika.   Finnish Prime Minister Alex Stubb made it clear “that we would say a resounding ‘no’ to forgive loans.” Merkel’s chief of staff, Peter Altmaier, says, “We have pursued a policy which works in many European countries, and we will stick to in the future.” IMF head Christine Lagarde chimed in that “there are rules that must be met in the euro zone,” and that “we cannot make special exceptions for specific countries.”   But Tsipras will, to paraphrase the poet Swinburne, not go entirely naked into Brussels, but “trailing clouds of glory.” Besides the solid support in Greece, a number of other countries and movements will be in the Belgian capital as well.   Syriza is closely aligned in Spain with Podemos, now polling ahead of the ruling conservative People’s Party. “2015 will be the year of change in Spain and Europe,” tweeted Podemos leader Pablo Iglesias in the aftermath of the election, “let’s go Alexis, let’s go!” Unemployment in Spain is 24 percent, and over 50 percent for young people.
  • At home, the Party will have to take on Greece’s wealthy tax-dodging oligarchs if it hopes to extend democracy and start refilling the coffers drained by the troika’s policies. It will also need to get a short-term cash infusion to meet its immediate obligations, but without giving in to yet more austerity demands by the troika.   For all the talk about Syriza being “extreme”—it stands for Coalition of the Radical Left— its program, as Greek journalist Kia Mistilis points, is “classic ‘70s social democracy”: an enhanced safety net, debt moratorium, minimum wage raise, and economic stimulus.   Syriza is pushing for a European conference modeled on the 1953 London Debt Agreement that pulled Germany out of debt after World War II and launched the “wirtschaftswunder,”or economic miracle that created modern Germany. The Agreement waved more than 50 percent of Germany’s debt, stretched out payments over 50 years, and made repayment of loans dependent on the country running a trade surplus.
  • The centerpiece of Syriza’s Thessaloniki program is its “four pillars of national reconstruction,” which include “confronting the humanitarian crisis,” “restarting the economy and promoting tax justice,” “regaining employment,” and “transforming the political system to deepen democracy.”   Each of the “pillars” is spelled out in detail, including costs, income and savings, and, while it is certainly a major break with the EU’s current model, it is hardly the October Revolution.   The troika’s austerity model has been quite efficient at smashing trade unions, selling off public resources at fire sale prices, lowering wages and starving social services. As a statement by the International Union of Food Workers argues, “Austerity is not the produce of a deficient grasp of macroeconomics or a failure of ‘social dialogue,’ it is a conscious blueprint for expanding corporate power.”
  • Under an austerity regime, the elites do quite well, and they are not likely to yield without a fight.   But Syriza is poised to give them one, and “the little party that could” is hardly alone. Plus a number of important elections are looming in Estonia, Finland, and Spain that will give anti-austerity forces more opportunities to challenge the policies of Merkel and the troika.   The spectre haunting Europe may not be the one that Karl Marx envisioned, but it is putting a scare into the halls of the rich and powerful.
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    I'm struck again by the poltical brilliance of Russia's decision to drop the South Stream Pipeline in favor of a new pipeline through Turkey to the border with Greece. Russia has gained an ally in Greece in terms of fighting economic sanctions on Russia and reinstating trade between Russia and the EU. Greece has veto power in the EU on any new sanctions or renewal of existing sanctions, at least most of which have sunset provisions. Russia also made allies of two NATO members, Greece and Turkey. And Greece is positioned by its threat of refusal to repay debt to the troika banksters to break the absolute hold the banksters have on monetary policy in the Eurozone. Russia magnifies that threat by saying that it is open to a proposal to bail out the Greek government. Not yet known is whether a condition would be abandoning the Euro as Greece's own currency. Greece might conceivably reinstate the drachma with its value pegged to a basket of foreign currencies, including the ruble and yuan. In other words, Greece leaving the EU and NATO and joining BRICS is conceivable.
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Iraq's Attack Against ISIS Catches U.S. 'By Surprise' - The Daily Beast - 0 views

  • The Iraqi military launched a major campaign to take back a key city from the self-proclaimed Islamic State over the weekend—a move that caught the U.S. “by surprise,” in the words of one American government official.The U.S.-led coalition forces that have conducted seven months of airstrikes on Iraq’s behalf did not participate in the attack, defense officials told The Daily Beast, and the American military has no plans to chip in.Instead, embedded Iranian advisers and Iranian-backed Shiite militias are taking part in the offensive on the largely Sunni town, raising the prospect that the fight to beat back ISIS could become a sectarian war. The news is the latest indication that not all is well with the American effort against the terror group. On Friday, U.S. defense officials told The Daily Beast that a planned offensive against the ISIS stronghold of Mosul had been indefinitely postponed. Over the weekend, an American-backed rebel group in Syria announced that it was dissolving, and joining an Islamist faction.
  • Then there was the unexpected battle for Tikrit. Over the weekend, a reported 30,000 troops and militiamen—mostly Shiites —stormed the Sunni dominated city of Tikrit, former Iraqi President Saddam Hussein’s hometown and the symbolic birthplace of his three decades of repressive practices against the majority Shiite population.U.S. officials were largely left in the dark of the planning and timing of the operation, defense officials said. The Pentagon said Monday it was not conducting airstrikes in support of the Tikrit offensive because the Iraqi government did not ask for such help.The U.S. had seen the prospect of strikes in Tikrit for a while but the timing and nature of the attack “caught us by surprise,” one government official explained to The Daily Beast.
  • The depth of Iranian involvement and the dearth of U.S. engagement in the battle for Tikrit suggested the coalition-led campaign did little to weaken Iranian influence on Iraqi security. Two U.S. defense officials told The Daily Beast that Iranian troops were firing Iranian artillery  “in the vicinity of” the Iraqi military campaign. And there were several reports that Major General Qassem Soleimani, the shadowy commander of the Iranian Revolutionary Guard’s overseas operation arm, is also on the ground near Tikrit. The Iraqi decision to cut out the U.S.-led coalition turned the war against ISIS in Iraq into a dual track approach—one carried out by the U.S.-led coalition another directed by the Iranians. Each has its own military strategy.
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  • But the Iranian-led approach the clearing of Tikrit is largely sectarian—with Shiite militias reviled and feared by Sunni residents. Rather than a deliberate military campaign, the forces appear prepared to pound Tikrit, hard. And perhaps because of that, there is no need for an air campaign.There are already fears that the Iraqi effort, backed by their Iranian supporters, will decimate parts of the city, defense officials said. Such actions would have great symbolic effect and make increasingly unlikely the mending of sectarian tensions between the minority Sunnis and their Shiite-dominated government.
  • An adviser to the U.S. government tasked with monitoring and engaging with Iraqi officials told The Daily Beast, “I think there is a great deal of joy about going into the city that fought Iran for a decade,” referring to Tikrit’s role in the seven-year war against Iran. “Imagine Qassem Soleimani is in Tikrit directing Iraqi forces in the destruction of the symbol of the former regime and the Sunni resistance,” the adviser added. Because of that, Pentagon officials are watching carefully how the Iraqi forces carry out their campaign to rid Tikrit of ISIS, though they concede the signs are not promising.“This is a real bellwether,” said a second defense official. “If this becomes a sectarian battle, we will shift to simply counter terrorism, and away from training Iraqi forces. And the coalition will come apart.”
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    Iran and Iraq attack the U.S. covert ISIL army, without tellling the U.S. It's almost as though the Iranian and Iraqi military commanders do not trust the U.S. Why might that be?
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Rents Are Rising But People Aren't Making Any More Money - 0 views

  • The average apartment rent hit $1,099 in the second quarter of the year, new data from a real estate research firm shows, as the gap between the typical American’s cost of living and the wages she earns from working continued to widen.
  • Average rents rose by 0.8 percent from March to June, and are now up 3.4 percent over the past year, according to Reis Inc. data. In total, the average monthly rent price is now up almost 15 percent since 1990, after adjusting for inflation. By comparison, the median household income has grown exactly zero percent since 1990, the Wall Street Journal notes:
  • Even those gloomy national figures paint a rosier picture than the reality that tens of millions of American families face. If you do the math using the top-line numbers, rents still seem affordable: the average calculates out to about 26 percent of a person’s yearly income going toward rent. But that’s not how it actually operates on the ground. A full 50 percent of American renters spend more than 30 percent of their income on housing, which is what researchers define as the cutoff for affordable housing. More than a quarter face extremely unaffordable housing costs, meaning they spend more than half their income on housing. A New York Times and Zillow analysis found that median rent was above the 30 percent affordability threshold in 90 different U.S. cities, even before this most recent quarterly rise in rent prices. Rents are outpacing earnings in part because the demand for rental housing has exploded since the financial crisis. Foreclosed homeowners and others unable to afford or obtain a mortgage are turning instead to the rental market. Cuts to government housing aid spending and the broader stagnation of wages for working people increase the reliance on rental even more.
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Ex-envoy to US warns: There's no Iron Dome against Abbas's moves | The Times of Israel - 0 views

  • ASHINGTON — Hours after Palestinian Authority President Mahmoud Abbas convened a crisis meeting of the Palestinian leadership to get ready to apply for membership in the International Criminal Court, former Israeli ambassador to the United States Michael Oren warned that Abbas’s moves to penalize Israel through international organizations were a “strategic threat” for Israel. In contrast, he said Wednesday, continuing rocket fire from the Hamas-controlled Gaza Strip was a tactical threat that Israel could confront
  • “We have an Iron Dome to protect against rockets, but we have no Iron Dome for this,” cautioned Oren. “The danger of sanctions and embargoes is a real one.” Abbas’s actions, including his threats to seek ICC membership so that he could prosecute Israel though the international legal body, were part of a strategy that Oren warned was not designed “to get a better two-state solution.”
  • Oren cautioned that while Hamas’s rocket fire against Israelis was a “tactical threat” that Israel could confront with weapons technology, Abbas’s plans to upgrade the Palestinian Authority’s international status in order to initiate punitive actions against Israel was a “strategic threat” that Israel was challenged to counter. The former ambassador noted that despite the continued rocket fire against Israeli targets, Washington has maintained a seemingly paradoxical policy of condemning Hamas rocket fire and defending Israel’s right to defend itself, while at the same time “there has been no indication whatsoever that the US or other members of the Quartet are willing to review or reassess their participation in the [Palestinian] unity government.”
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  • At the same time, US support for Abbas’s technocratic government, formed this spring as part of a unity agreement with Hamas, has remained steady. On Tuesday, Philip Gordon, a special assistant to US President Barack Obama and the White House coordinator for the Middle East, warned that Jerusalem “should not take for granted the opportunity to negotiate” with Abbas, who has proven to be a “reliable partner.” But Abbas’s stance, said Oren, “doesn’t resonate with segments of Israeli population who see Abbas refusing to condemn rocket fire but accusing Israel of committing war crimes.” With tens of thousands of reservists massing at the border with Gaza, Oren said that a ground operation against the Hamas-held territory “would be in Hamas’s interest.” Their influence has declined markedly over the past year, he explained, noting that the Islamist group has recently lost support from key backers in Syria and Iran as well as with the fall of the Morsi government in Egypt.
  • “The economy in Gaza is abysmal,” Oren said, arguing that Hamas believes that if it can drag Israel into a ground operation it will come out with the upper hand and Israel will face heavy casualties as well as international criticism and even prosecution for war crimes.
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    It's a huge strategic threat precisely because Israel's leaders are go clearly guilty of war crimes against the Palestinians on a massive scale since the time Israel was established in 1948. 
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A Zombie Bill Comes Back to Life: A Look at The Senate's Cybersecurity Information Shar... - 0 views

  • The Senate Intelligence Committee recently introduced the Cybersecurity Information Sharing Act of 2014. It’s the fourth time in four years that Congress has tried to pass "cybersecurity" legislation. Unfortunately, the newest Senate bill is one of the worst yet. Cybersecurity bills aim to facilitate information sharing between companies and the government, but they always seem to come with broad immunity clauses for companies, vague definitions, and aggressive spying powers. Given such calculated violence to users' privacy rights, it’s no surprise that these bills fail every year. What is a surprise is that the bills keep coming back from the dead. Last year, President Obama signed Executive Order 13636 (EO 13636) directing the Department of Homeland Security (DHS) to expand current information sharing programs that are far more privacy protective than anything seen in recent cybersecurity bills. Despite this, members of Congress like Rep. Mike Rogers and Senator Dianne Feinstein keep on introducing bills that would destroy these privacy protections and grant new spying powers to companies.
  • Aside from its redundancy, the Senate's bill grants two new authorities to companies. First, the bill authorizes companies to launch countermeasures for a "cybersecurity purpose" against a "cybersecurity threat." "Cybersecurity purpose" is so broadly defined that it means almost anything related to protecting (including physically protecting) an information system, which can be a computer or software. The same goes for a "cybersecurity threat," which includes anything that "may result" in an unauthorized effort to impact the availability of the information system. Combined, the two definitions could be read by companies to permit attacks on machines that unwittingly contribute to network congestion. The countermeasures clause will increasingly militarize the Internet—a prospect that may appeal to some "active defense" (aka offensive) cybersecurity companies, but does not favor the everyday user. Second, the bill adds a new authority for companies to monitor information systems to protect an entity's rights or property. Here again, the broad definitions could be used in conjunction with the monitoring clause to spy on users engaged in potentially innocuous activity. Once collected, companies can then share the information, which is also called “cyber threat indicators,” freely with government agencies like the NSA.
  • Such sharing will occur because under this bill, DHS would no longer be the lead agency making decisions about the cybersecurity information received, retained, or shared to companies or within the government. Its new role in the bill mandates DHS send information to agencies like the NSA—"in real-time and simultaneous[ly]." DHS is even barred from "delay[ing]" or "interfer[ing]" with the information, which ensures that DHS's current privacy protections won’t be applied to the information. The provision is ripe for improper and over-expansive information sharing. This leads to a question: What stops your sensitive personal information from being shared by companies to the government? Almost nothing. Companies must only remove personally identifiable information if the information is known to be US person information and not directly related to the threat. Such a willful blindness approach is inappropriate. Further, the bill does not even impose this weak minimization requirement on information shared by, and within, the government (including federal, state, local, and tribal governments) thereby allowing the government to share information containing personally identifiable information. The bill should require deletion of all information not directly related to a threat.
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  • Once the information is sent to a government agency, it can use the information for reasons other than for cybersecurity purposes. One clause even allows the information to be used to prosecute violations of the Espionage Act—a World War I era law that was meant to prosecute spies but has been used in recent years primarily to go after journalists’ sources. The provisions grant the government far too much leeway in how to use the information for non-cybersecurity purposes. The public won’t even know what information is being collected, shared, or used because the bill will exempt all of it from disclosure under the Freedom of Information Act.
  • The bill also retains near-blanket immunity for companies to monitor information systems, to share information, and to use countermeasures. The high bar immunizes an incredible amount of activity, including negligent damage to property and may deprive private entities of legal recourse if a computer security contractor is at fault for destruction of property. Existing private rights of action for violations of the Wiretap Act, Stored Communications Act, and the Computer Fraud and Abuse Act would be precluded or at least sharply restricted by the clause. It remains to be seen why such immunity is needed when just a few months ago, the FTC and DOJ noted they would not prosecute companies for sharing such information. It's also unclear because we continue to see companies freely share information among each other and with the government both publicly via published reports and privately.
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Obama Should Release Ukraine Evidence | Consortiumnews - 0 views

  • With the shoot-down of Malaysia Airlines Flight 17 over Ukraine turning a local civil war into a U.S. confrontation with Russia, U.S. intelligence veterans urge President Obama to release what evidence he has about the tragedy and silence the hyperbole. MEMORANDUM FOR: The President FROM: Veteran Intelligence Professionals for Sanity (VIPS) SUBJECT: Intelligence on Shoot-Down of Malaysian Plane Executive Summary
  • U.S.–Russian tensions are building in a precarious way over Ukraine, and we are far from certain that your advisers fully appreciate the danger of escalation. The New York Times and other media outlets are treating sensitive issues in dispute as flat-fact, taking their cue from U.S. government sources. Twelve days after the shoot-down of Malaysian Airlines Flight 17, your administration still has issued no coordinated intelligence assessment summarizing what evidence exists to determine who was responsible – much less to convincingly support repeated claims that the plane was downed by a Russian-supplied missile in the hands of Ukrainian separatists.
  • We, the undersigned former intelligence officers want to share with you our concern about the evidence adduced so far to blame Russia for the July 17 downing of Malaysian Airlines Flight 17. We are retired from government service and none of us is on the payroll of CNN, Fox News, or any other outlet. We intend this memorandum to provide a fresh, different perspective.
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  • As intelligence professionals we are embarrassed by the unprofessional use of partial intelligence information. As Americans, we find ourselves hoping that, if you indeed have more conclusive evidence, you will find a way to make it public without further delay. In charging Russia with being directly or indirectly responsible, Secretary of State John Kerry has been particularly definitive. Not so the evidence. His statements seem premature and bear earmarks of an attempt to “poison the jury pool.”
  • Regarding the Malaysia Airlines shoot-down of July 17, we believe Kerry has typically rushed to judgment and that his incredible record for credibility poses a huge disadvantage in the diplomatic and propaganda maneuvering vis-a-vis Russia. We suggest you call a halt to this misbegotten “public diplomacy” offensive. If, however, you decide to press on anyway, we suggest you try to find a less tarnished statesman or woman.
  • If the U.S. has more convincing evidence than what has so far been adduced concerning responsibility for shooting down Flight 17, we believe it would be best to find a way to make that intelligence public – even at the risk of compromising “sources and methods.” Moreover, we suggest you instruct your subordinates not to cheapen U.S. credibility by releasing key information via social media like Twitter and Facebook. The reputation of the messenger for credibility is also key in this area of “public diplomacy.” As is by now clear to you, in our view Secretary Kerry is more liability than asset in this regard. Similarly, with regard to Director of National Intelligence James Clapper, his March 12, 2013 Congressional testimony under oath to what he later admitted were “clearly erroneous” things regarding NSA collection should disqualify him. Clapper should be kept at far remove from the Flight 17 affair. What is needed, if you’ve got the goods, is an Interagency Intelligence Assessment – the genre used in the past to lay out the intelligence. We are hearing indirectly from some of our former colleagues that what Secretary Kerry is peddling does not square with the real intelligence. Such was the case late last August, when Kerry created a unique vehicle he called a “Government (not Intelligence) Assessment” blaming, with no verifiable evidence, Bashar al-Assad for the chemical attacks near Damascus, as honest intelligence analysts refused to go along and, instead, held their noses.
  • We believe you need to seek out honest intelligence analysts now and hear them out. Then, you may be persuaded to take steps to curb the risk that relations with Russia might escalate from “Cold War II” into an armed confrontation. In all candor, we see little reason to believe that Secretary Kerry and your other advisers appreciate the enormity of that danger. In our most recent (May 4) memorandum to you, Mr. President, we cautioned that if the U.S. wished “to stop a bloody civil war between east and west Ukraine and avert Russian military intervention in eastern Ukraine, you may be able to do so before the violence hurtles completely out of control.” On July 18, you joined the top leaders of Germany, France, and Russia in calling for an immediate ceasefire. Most informed observers believe you have it in your power to get Ukrainian leaders to agree. The longer Kiev continues its offensive against separatists in eastern Ukraine, the more such U.S. statements appear hypocritical. We reiterate our recommendations of May 4, that you remove the seeds of this confrontation by publicly disavowing any wish to incorporate Ukraine into NATO and that you make it clear that you are prepared to meet personally with Russian President Putin without delay to discuss ways to defuse the crisis and recognize the legitimate interests of the various parties. The suggestion of an early summit got extraordinary resonance in controlled and independent Russian media. Not so in “mainstream” media in the U.S. Nor did we hear back from you. The courtesy of a reply is requested.
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    Veteran Intelligence Professionals for Sanity (VIPS) savage thecredibility of John Kerry and James Clapper, saying that Kerry's claims of Russian responsibility for shooting down MH17 are at odds with what they are being told by intelligence analysts still working for the government, and challenge Obama to release any evidence he has to support Kerry's version of events. Reading the entire communique is highly recommended.
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On Media Outlets That Continue to Describe Unknown Drone Victims As "Militants" - The I... - 0 views

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

  • While everyone ritually insists that the bonds between Israel and the United States are “unbreakable,” yesterday’s analysis by Jeffrey Goldberg, “The Crisis in U.S.-Israel Relations Is Officially Here,” argues that they’re currently under unprecedented strain and that the fault lies mainly with Prime Minister Bibi Netanyahu. The analysis argues further that, post-November, the Obama administration may no longer be inclined to protect Israel (at least to the same pathetic extent) at the UN Security Council and may even be willing to go a step further by presenting “a public full lay-down of the administration’s vision for a two-state solution, including maps delineating Israel’s borders. These borders, to Netanyahu’s horror, would based on 1967 lines, with significant West Bank settlement blocs attached to Israel in exchange for swapped land elsewhere. Such a lay-down would make explicit to Israel what the U.S. expects of it.” I’m not a big fan of Goldberg, but this analysis is definitely worth a read if for no other reason than his voice is a very important one in the US Jewish community, including among the right-wing leadership of its major national organizations. And he essentially gives over most of the article—in a way that suggests he shares their views—to anonymous administration officials who have clearly grown entirely contemptuous of the Israeli leader, calling him, among other names, “chickenshit.” Goldberg himself describes the Netanyahu government’s policy toward Palestinians as being “disconnected from reality” and stresses what he calls the “unease felt by mainstream American Jewish leaders about recent Israeli government behavior.” It seems that his chief envoy and confidante here, Ron Dermer, is not doing a good job.
  • Of particular interest to readers of this blog, however, are Goldberg’s observations about how the administration views Bibi’s bluster about Iran: The official said the Obama administration no longer believes that Netanyahu would launch a preemptive strike on Iran’s nuclear facilities in order to keep the regime in Tehran from building an atomic arsenal. “It’s too late for him to do anything. Two, three years ago, this was a possibility. But ultimately he couldn’t bring himself to pull the trigger. It was a combination of our pressure and his own unwillingness to do anything dramatic. Now it’s too late.” This assessment represents a momentous shift in the way the Obama administration sees Netanyahu. In 2010, and again in 2012, administration officials were convinced that Netanyahu and his then-defense minister, the cowboyish ex-commando Ehud Barak, were readying a strike on Iran. To be sure, the Obama administration used the threat of an Israeli strike in a calculated way to convince its allies (and some of its adversaries) to line up behind what turned out to be an effective sanctions regime. But the fear inside the White House of a preemptive attack (or preventative attack, to put it more accurately) was real and palpable—as was the fear of dissenters inside Netanyahu’s Cabinet, and at Israel Defense Forces headquarters. At U.S. Central Command headquarters in Tampa, analysts kept careful track of weather patterns and of the waxing and waning moon over Iran, trying to predict the exact night of the coming Israeli attack.
  • Today, there are few such fears. “The feeling now is that Bibi’s bluffing,” this second official said. “He’s not Begin at Osirak,” the official added, referring to the successful 1981 Israeli Air Force raid ordered by the ex-prime minister on Iraq’s nuclear reactor. The belief that Netanyahu’s threat to strike is now an empty one has given U.S. officials room to breathe in their ongoing negotiations with Iran. This is a significant passage. It suggests that the administration has decided to essentially ignore Netanyahu and his threats to take unilateral action, including when they are conveyed by members of Congress close to the Israel lobby. It also suggests strongly that the administration will not back up Israel if it should indeed undertake a strike of its own in hopes that Washington would be dragged into to finishing the job.
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  • Goldberg’s analysis about the state of the relationship is, in some ways, mirrored by Bret Stephens’s weekly “Global View” column in Tuesday’s Wall Street Journal, “Bibi and Barack on the Rocks,” although he, entirely predictably given his pro-settler worldview, sees Bibi as the wronged party. And, unlike Goldberg, he doesn’t see the US as the more powerful. Noting how Defense Minister Moshe Yaalon was snubbed by senior administration officials with whom he requested to meet, Stephens, a former editor of the Jerusalem Post, writes: The administration also seems to have forgotten that two can play the game. Two days after the Yaalon snub, the Israeli government announced the construction of 1,000 new housing units in so-called East Jerusalem, including 600 new units in the Ramat Shlomo neighborhood that was the subject of a 2010 row with Joe Biden. Happy now, Mr. Vice President? Stephens calls for a “trial separation” by the two countries in which Israel will give up its $3 billion dollar/year US aid package to free itself from US interference
  • The administration likes to make much of the $3 billion a year it provides Israel (or, at least, U.S. defense contractors) in military aid, but that’s now less than 1% of Israeli GDP. Like some boorish husband of yore fond of boasting that he brings home the bacon, the administration thinks it’s the senior partner in the marriage. Except this wife can now pay her own bills. And she never ate bacon to begin with. It’s time for some time away. Israel needs to look after its own immediate interests without the incessant interventions of an overbearing partner. The administration needs to learn that it had better act like a friend if it wants to keep a friend. It isn’t as if it has many friends left. This is precisely where Goldberg believes current Israeli policy is leading it.
  • Netanyahu, and the even more hawkish ministers around him, seem to have decided that their short-term political futures rest on a platform that can be boiled down to this formula: “The whole world is against us. Only we can protect Israel from what’s coming.” …But for Israel’s future as an ally of the United States, this formula is a disaster.”
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    If Goldberg and Stephens have it right, a U.S./Israel divorce might just spell the end of the appartheid state of Israel. It is only the U.S. veto on the U.N. Security Council that has enabled Israel to continue to treat Palestinians with impunity and to retain control of and colonize the territory it seized in the 1967 war that it launched. (The right to acquire territory by conquest was abolished by the U.N. Charter and the Fourth Geneva Convention in the late 1940s.)  Israel is now a pariah state internationally, with only the U.S., Canada, and a few minor island nations dependent on the U.S. still voting for Israel even in the U.N. General Council. Moreover, the U.S. public is fed up with the foreign wars the U.S. has been waging in the Mideast in aid of Israel's empirical goal of destabilizing and Balkanizing Israel's Arab neighbors. A U.S./Israel divorce would almost certainly bring down Netanyahu's government. On the other hand, the Obama Administration's relationship with Israel has been a departure from the historical norm in the U.S. and Obama's likely successor, Hillary Clinton, has long been much more friendly with the Israel Lobby than Obama.  Many close observers believe that Netanyahu's strategy with Obama has been to wait until Obama is out of office, betting that his successor will be much more amenable to Bibi's desires. But with Bernie Sanders hat in the ring for Auction 2016 and possibly Elizabeth Warren as well, it's conceivable that issues they raise might push Hillary to adopt a less Israel-friendly stance. But on yet another hand, Obama's stance on ISIL is entirely consistent with Israel's longstanding goal of regime change in Syria and Balkanization of Iraq into three nations along ethnic/religious lines, an independent  Kurdistan in the north, a Shia-stan in the South, and a Sunni state in the middle. Note in this regard Obama's strategy of arming "moderate" Syrians only to defend territory ISIL has not yet seized, then to bring down t
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Judith Miller's Blame-Shifting Memoir | Consortiumnews - 0 views

  • U.S. intelligence veterans recall the real story of how New York Times reporter Judith Miller disgraced herself and her profession by helping to mislead Americans into the disastrous war in Iraq. They challenge the slick, self-aggrandizing rewrite of history in her new memoir.MEMORANDUM FOR: Americans Malnourished on the Truth About IraqFROM: Veteran Intelligence Professionals for Sanity (VIPS)SUBJECT: A New “Miller’s Tale” (with apologies to Geoffrey Chaucer)On April 3, former New York Times journalist Judith Miller published an article in the Wall Street Journal entitled “The Iraq War and Stubborn Myths: Officials Didn’t Lie, and I Wasn’t Fed a Line.” If this sounds a bit defensive, Miller has tons to be defensive about.
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    Judith Miller experienced a richly deserved blow to her reputation as a journalist as even her former employer, The New York Times, published mea culpas on her pro-war propaganda "reporting" in the run-up to the Iraq War. Now she's making an attempt at a comeback. But not on the watch by Veteran Intelligence Professionals for Sanity.  And not while Crooks & Liars is still watching. http://crooksandliars.com/2015/04/judy-miller-hans-blix-bears-more
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The Next Financial Tsunami Just Began in Texas | New Eastern Outlook - 0 views

  • The last financial Tsunami was a doozer that almost destroyed the global financial system. It was the collapse of the Wall Street Mortgage Backed Securities bubble in March 2007. The results of that collapse are still very much with the world today. Never in the one hundred some years of the Federal Reserve Bank has the Fed held interest rates at an artificial near-zero level for what is soon to mark eight years duration. Not even during the 1930’s Great Depression were rates kept so low so long. It is not a sign of a healthy banking system, friends. Now a new Financial Tsunami is beginning, this one, of all places, in the Texas, North Dakota and other USA shale oil regions. Like the so-called US sub-prime real estate crisis, the oil shale junk bond default crisis is but the cutting front of the first wave of what promises to be a far more dangerous series of financial Tsunami long waves.First appeared: http://journal-neo.org/2015/04/17/the-next-financial-tsunami-just-began-in-texas/
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    A must-read.
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Washington Misses Bigger Picture of New Chinese Bank « LobeLog - 0 views

  • Bibi Netanyahu’s election, persistent violence through much of the Middle East and North Africa, and intensified efforts to forge a nuclear deal between the P5+1 and Iran topped the news here in Washington this week. But a much bigger story in terms of the future order of global politics was taking place in Europe and Beijing. The story was simply this: virtually all of the closest European allies of the United States, beginning with Britain, defied pressure from Washington by deciding to apply for founding membership in the Asian Infrastructure Investment Bank (AIIB). This Chinese initiative could quickly rival the World Bank and the Asia Development Bank as a major source of funding for big development projects across Eurasia. The new bank, which offers a serious multilateral alternative to the Western-dominated international financial institutions (IFIs) established in the post-World War II order, is expected to attract about three dozen initial members, including all of China’s Asian neighbors (with the possible exception of Japan). Australia, Russia, Saudi Arabia, and other Gulf states are also likely to join by the March 31 deadline set by Beijing for prospective co-founders to apply. Its $50 billion in initial capital is expected to double with the addition of new members, and that amount could quickly grow given China’s $3 trillion in foreign-exchange reserves. More details about the bank can be found in a helpful Q&A here at the Council on Foreign Relations website.
  • Along with the so-called BRICS bank—whose membership so far is limited to Brazil, Russia, India, China and South Africa—the AIIB poses a real “challenge to the existing global economic order,” which, of course, Western nations have dominated since the establishment of the International Monetary Fund (IMF) and the World Bank in the final days of World War II. As one unnamed European official told The New York Times, “We have moved from the world of 1945.” That Washington’s closest Western allies are now racing to join the AIIB over U.S. objections offers yet more evidence that the “unipolar moment” celebrated by neoconservatives and aggressive nationalists 25 years ago and then reaffirmed by the same forces after the 2003 Iraq invasion is well and truly. And yet, these same neoconservatives continue to insist that—but for Obama’s weakness and defeatism—the United States remains so powerful that it really doesn’t have to take account of anyone’s interests outside its borders except, maybe, Israel’s. (That Washington’s closest Western allies are now racing to join the new bank over U.S. objections could also presage a greater willingness to abandon the international sanctions regime against Iran if Washington is seen as responsible for the collapse of the P5+1 nuclear negotiations with Tehran. Granted, Iran’s economy—and its potential as a source of investment capital—is itsy-bitsy compared to China.)
  • Indeed, commentators are depicting US allies’ decision to join the AIIB (see here, here, and here as examples) as a debacle for U.S. diplomacy. The Wall Street Journal editorial board has predictably blamed Obama for defeat, calling it a “case study in declining American influence” (although it also defended Washington’s decision against joining and accused Britain of “appeasing China for commercial purposes.”) What the Journal predictably didn’t mention was a key reason why the administration did not seek membership in the new bank: there was virtually no chance that a Republican-dominated Congress would approve it. Indeed, one reason Beijing launched its initiative and so many of our allies in both Asia and Europe have decided to join is their frustration with Republicans in Congress who have refused to ratify a major reform package designed to give developing countries, including China, a little more voting power on the Western-dominated governing boards of the IMF and the World Bank. The Group of 20 (G20) biggest economic powers actually proposed this reform in 2010, and it doesn’t even reduce Washington’s voting power, which gives it an effective veto over major policy changes in both institutions. As a result of this intransigence, the United States is the only G-20 member that has failed to ratify the reforms, effectively blocking their implementation.
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    U.S. global hegemony is rapidly disintegrating as former puppet states in Europe jump from the dwindling dollar economy to the rising remnimbi/ruble BRICS economies. And many of the "stans" south of Russia threatened by U.S. mercenaries provided by the Gulf Coast States are jumping in that direction too, along with Turkey, a NATO member. The Stans involved are oil and natural gas rich; combined with Russian oil and gas, they have enough oil and gas reserves to rival the Gulf Coast States.  The most interesting part to me is the debate now under way in the EU over dropping out of NATO and creating a replacement European mutual defense force that excludes the U.S. I'm beginning to hit some chatter about inviting Russia into that hypoethesized treaty. That makes sense for the EU because it would give Europe the benefit of Russian nuclear deterrence, both in land and submarine-based ICBMs. I'm not convinced that Russia would sign on. Russia is already running joint military exercises with China, which is playing the role of Russia's economic savior at this point. So China might have the final say on that scenario. A pan-Eurasian mutual defense treaty? What would be left of the U.S. Empire without NATO, particularly given that the dollar would surely collapse before such a treaty were signed? The War Party in Congress has only one tool to work with, war, and when all you have is a hammer, all problems look like nails. Current U.S. military power is built around the capacity to wage two major wars concurrently, but is very heavily dependent on NATO to do so. I'm not sure at all that the War Party has what it takes to cope with a peaceful group boycott by other NATO members. 
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