Showing posts with label civil rights violations. Show all posts
Showing posts with label civil rights violations. Show all posts

Wednesday, December 18, 2013

Texas Police Can Now Obtain Search Warrants Based On ‘Prediction Of A Future Crime’

Welcome to the brave new world of 'pre-crime' policing.
December 18, 2013 |

Last week, an appeals court in Texas ruled that police may obtain a search warrant based on the prediction of a future crime, heightening public fears that we may be heading toward a ‘predictive policing’ era in which we see police powers rapidly growing at the cost of our constitutional rights.

The decision arose from a 2010 incident where police officers took Michael Fred Wehrenberg and some associates into custody after watching his home for about a month because of a tip-off from a confidential informant that Wehrenberg and others were “fixing to” cook methamphetamine , Raw Story reported.

Hours later, without a search warrant, officers waltzed through Wehrenberg's front door and searched the house while he and his friends stood outside in handcuffs for an hour and half.

Before they seized the boxes of pseudoephedrine, stripped lithium batteries and materials used to make meth, the cops attempted to cover their tracks by obtaining a search warrant. However, they conveniently failed to mention the unlawful search in the warrant application and based their request entirely on the informant's tip.

Consequently, Wehrenberg’s attorney’s argued in court that the items should be excluded as evidence on the basis that they had been illegally obtained. However, the motion was denied citing the “independent source doctrine” which allows the use of illegally seized evidence if a third party identifies it beforehand, Dallas Observer reported.

Wehrenberg, who was sentenced to five years in prison, subsequently appealed. The Second Court of Appeals agreed with his defence and overturned the lower court’s decision, ruling that the evidence should have been excluded in what appeared to be a clear case of police misconduct.

But it is the Texas Court of Criminal Appeals who has the final say, and it agreed with the trial court. In overturning the decision, the majority held that the state’s ‘exclusionary rule’ bans illegally seized evidence from trial but allows it to be introduced if it was first confirmed by an independent source.

Lone dissenter, Justice Lawrence Meyers, condemned the decision lamenting that the confidential informant’s tip that Wehrenberg was “fixing to” cook meth wasn’t independent evidence but a prediction.

“…It is obvious to me that this search warrant was obtained based upon the officers' unlawful entry into [Wehrenberg]'s residence…Search warrants may now be based on predictions of future crimes,” Judge Meyers said.

The decision raises major civil rights concerns particularly in light of law enforcement agencies increasingly turning to pre-crime policing tools in recent times, directly infringing on our constitutional protections.

Earlier in the year, a report revealed that police departments across the nation from California to Tennesee were adopting “ predictive analytics” and computer software to predict where and when patterns of crime would occur and also who would commit them.

It now remains to be seen what effect this latest decision will have on the ground in terms of allowing evidence to be admitted in the face of clear police misconduct and the role of judicial activism in allowing illegal conduct in the pre-crime context. As Grits For Breakfast reported:

“Bottom line: In Texas, if citizens break the law, they go to jail. If police break the law, some activist judge will find or create a reason to excuse their misbehavior, which is precisely what happened in this case."

Tuesday, December 17, 2013

'Snowden Vindicated': Judge Rules Against 'Indiscriminate' NSA Spying

Monday, December 16, 2013 by Common Dreams
Snowden: "Today, a secret program authorized by a secret court was, when exposed to the light of day, found to violate Americans’ rights."
- Sarah Lazare, staff writer

In the biggest legal blow to the National Security Council since the dragnet spying scandal broke in June, a federal judge ruled Monday that the U.S. government "almost certainly" violated the constitution by mass collecting data on nearly every single phone call within or to the United States.

“Today, a secret program authorized by a secret court was, when exposed to the light of day, found to violate Americans’ rights," declared NSA whistleblower Edward Snowden in a statement on the ruling released by journalist Glenn Greenwald Monday afternoon. "It is the first of many."
"This is a vindication for our fellow citizen Edward Snowden who came forward because he believed the government was violating our constitutional rights." –Glenn Greenwald, journalist

In a 68-page statement released Monday, U.S. District Court Judge Richard Leon issued stinging criticisms of NSA metadata snooping, declaring, “I cannot imagine a more ‘indiscriminate’ and ‘arbitrary invasion’ than this systematic and high-tech collection and retention of personal data on virtually every single citizen for purposes of querying it and analyzing it without judicial approval."

Leon, who was appointed by former President George W. Bush, ruled in response to a lawsuit brought by conservative activist Larry Klayman that phone metadata collection violates Fourth Amendment protections against unlawful searches and seizures without demonstrating any role in preventing "terrorist" attacks.

Leon granted Klayman's demand for a temporary injunction on the grounds that the lawsuit was likely to win. Yet, he did not immediately implement his ruling, pending a government appeal.

Nonetheless, Leon's opinion is being widely lauded as "the first significant legal setback for the NSA’s surveillance program since it was disclosed in June," as Josh Gerstein writes for Politico.

Because it takes aim at a 1979 Supreme Court ruling that the Obama administration says justifies the NSA secret spying, Leon's legal argument could have far-reaching consequences. "If upheld on appeal, the judge's reasoning could force the spy agency to reconsider other domestic spying programs that involve warrantless collection of "metadata" about Americans' communication," writes Andrea Peterson for The Washington Post.

The ruling is certain to "influence other federal courts hearing similar arguments from the American Civil Liberties Union," write Spencer Ackerman and Dan Roberts in The Guardian.

“This is a strongly worded and carefully reasoned decision that ultimately concludes, absolutely correctly, that the NSA’s call-tracking program can’t be squared with the Constitution," declared ACLU Deputy Legal Director Jameel Jaffer in a statement emailed to Common Dreams. "We hope that Judge Leon’s thoughtful ruling will inform the larger conversation about the proper scope of government surveillance powers, especially the debate in Congress about the reforms necessary to bring the NSA’s surveillance activities back in line with the Constitution."

Snowden and his supporters say the ruling underscores the vital importance of Snowden's revelations.

“I acted on my belief that the N.S.A.'s mass surveillance programs would not withstand a constitutional challenge, and that the American public deserved a chance to see these issues determined by open courts,” said Snowden.

"This [ruling] is a vindication of the constitutional rights of American citizens, who had intimate information collected about us without our consent," said Glenn Greenwald on a Monday MSNBC interview about Leon's ruling.

He added, "This is a vindication for our fellow citizen Edward Snowden who came forward because he believed the government was violating our constitutional rights."

Wednesday, November 20, 2013

North Texas Drivers Stopped at Roadblock Asked for Saliva, Blood

Fort Worth police apologize for its role in federal survey
By Scott Gordon | Tuesday, Nov 19, 2013


Some drivers along a busy Fort Worth street on Friday were stopped at a police roadblock and directed into a parking lot, where they were asked by federal contractors for samples of their breath, saliva and even blood.

It was part of a government research study aimed at determining the number of drunken or drug-impaired drivers.

"It just doesn't seem right that you can be forced off the road when you're not doing anything wrong," said Kim Cope, who said she was on her lunch break when she was forced to pull over at the roadblock on Beach Street in North Fort Worth.

The National Highway Traffic Safety Administration, which is spending $7.9 million on the survey over three years, said participation was "100 percent voluntary" and anonymous.

But Cope said it didn't feel voluntary to her -- despite signs saying it was.

"I gestured to the guy in front that I just wanted to go straight, but he wouldn't let me and forced me into a parking spot," she said.

Once parked, she couldn't believe what she was asked next.

"They were asking for cheek swabs," she said. "They would give $10 for that. Also, if you let them take your blood, they would pay you $50 for that."

At the very least, she said, they wanted to test her breath for alcohol.

She said she felt trapped.

"I finally did the Breathalyzer test just because I thought that would be the easiest way to leave," she said, adding she received no money.

Fort Worth police earlier said they could not immediately find any record of officer involvement but police spokesman Sgt. Kelly Peel said Tuesday that the department's Traffic Division coordinated with the NHTSA on the use of off-duty officers after the agency asked for help with the survey.

"We are reviewing the actions of all police personnel involved to ensure that FWPD policies and procedures were followed," he said. "We apologize if any of our drivers and citizens were offended or inconvenienced by the NHTSA National Roadside Survey."

NBC DFW confirmed that the survey was done by a government contractor, the Pacific Institute for Research and Evaluation, which is based in Calverton, Md.

A company spokeswoman referred questions to the National Highway Traffic Safety Administration.

An agency spokeswoman sent an email confirming the government is conducting the surveys in 30 cities across the country in an effort to reduce impaired-driving accidents.

She did not respond to another email from NBC DFW asking specific questions about the program..

But a Fort Worth attorney who is an expert in civil liberties law questioned whether such stops are constitutional.

"You can't just be pulled over randomly or for no reason," said attorney Frank Colosi.

He also noted the fine print on a form given to drivers informs them their breath was tested by "passive alcohol sensor readings before the consent process has been completed."

"They're essentially lying to you when they say it's completely voluntary, because they're testing you at that moment," Colosi said.

He also questioned the results of the "voluntary" survey -- speculating that drivers who had been drinking or using drugs would be more inclined to simply decline to participate.

Cope said she is troubled by what happened.

"It just doesn't seem right that they should be able to do any of it," she said. "If it's voluntary, it's voluntary, and none of it felt voluntary."

Asked Tuesday if she accepted the police department's apology, Cope said she would wait to see what the review showed.

"They need to make sure this doesn't happen again," she said.

****

RT also reported the story:

Texas drivers pulled over at random, told to turn over blood, saliva samples

Monday, September 30, 2013

The Police State of America

‘Freedom’s just another word...’
by DAVE LINDORFF

I no longer recognize my country.

Back in 1997, after two years living in China, and five more living in Hong Kong, during which time, as a correspondent for Business Week magazine, I slipped in and out of China regularly as a journalist to report on developments there, I got a good dose of life in a totalitarian society. When I alit from the plane in Philadelphia where my family and I were about to start a new chapter of our lives, I remember feeling like a big weight had been lifted off my chest.

The sense of freedom was palpable.

Almost immediately, though I got an inkling that something was amiss. An art teacher in Upper Dublin, the suburban town where we had bought a house, had just been arrested, charged with theft of $400 in school art supplies. Of course, my initial reaction was, “Great school district we’re in, if the teachers are stealing from the school!”

The teacher, Lou Ann Merkel, who had been arrested and briefly jailed pending arraignment, was fired and was facing trial on a felony charge of stealing public property. But in a few weeks, as I followed the story in the local weekly paper, it became clear that there had really been no theft (she was taking old supplies which were being replaced with new ones, intending to bring them to a local community center used by low-income children who went there for day care and after-school care. Moreover, when stopped by the principal and told that the old supplies had to be put in the dumpster, she grudgingly complied. She was arrested anyway later, at her home). I learned over subsequent weeks of news reports that Merkel actually was being hounded by an obsessive power-tripping school administration simply for being an “activist” and outspoken teacher. A school board hearing I attended was packed in December of that year with over a hundred angry parents and former students of Merkel’s demanding that the board drop its case against her. It did not, but a county judge had the good sense to do exactly that, ruling that “no crime occurred here.” (Merkel, who got her job back with back pay, later sued the school district and won a significant judgement against it.)

This was one small example of government tyranny run amok but since then I have seen it become the norm in a United States where people are now being arrested for almost everything — kids jailed without trial for shoplifting, hitchhikers jailed for arguing, correctly, with cops that it is not illegal for them to thumb for a ride, non-white youths in many cities stopped and frisked for “walking while black or hispanic” and then getting busted on trumped up charges (resisting arrest, assaulting an officer, disturbing the peace, etc.) when the cops find no guns or drugs on them, protesters beaten and gassed and jailed for simply trying to exercise their First Amendment rights.

But that is just the surface.

As a journalist working in China, I had to watch my back all the time. Spies from the Ministry of State Security (China’s KGB) or one of the local Public Security Bureaus that operate under its jurisdiction would secretly follow my movements, and would keep track of whoever I interviewed. In one case, after my departure, they badly beat a source to the point that he had to be hospitalized for reconstructive surgery to his crushed cheek bones (his entire groin region was also left black and blue after his brutal beating). The man’s offense? He had shown me around a rural region where peasants were improving their lives by sending some of their children off to the city to do construction jobs.

I thought this kind of monitoring and intimidation of sources was a nightmare back then in China.

Now it’s happening here in the US, only worse. Not only is the National Security Agency monitoring every phone call I make, every email I sent, every person I interview and every article I write–something Chinese police were not capable of at least in those days–but the agency can be watching what I write at this moment, as a type these letters on my keyboard.

How do I know they’re watching me? Well, of course I can’t know for certain, because they won’t tell me on the grounds of “national security,” which has rendered the Freedom of Information Act moribund. But courageous leakers from within the NSA, most notably Edward Snowden, have released documentary evidence proving that the super-secretive spy agency has been monitoring all communications between Americans and foreign contacts, most notably with countries like Russia or Iran or other nations which the US views as “enemies.”

In my case, as a journalist, I write often on international issues, as when I broke the story exposing an arrested killer in Lahore, Pakistan as a CIA operative, or wrote about how Israeli commandos executed a 19-year-old unarmed American peace activist in their raid on a Turkish-flagged peace flotilla headed for Gaza. I am also an occasional guest on news programs on RT-TV, the Russian state television news network, and on Iran’s state-owned Press TV. For one year, ending about a year ago, I was contracted to write a weekly column for PressTV’s English-language website, for which I was paid $200 per column. Because of US sanctions against Iran’s banking business, Press TV said they would pay me quarterly, rather than monthly, to minimize the paperwork hassles. This meant that for a year I was getting wire transfer of about $2600 every quarter from an Iranian bank. You can be sure I was on the NSA’s radar for that, if nothing else.

(Interestingly, I had more editorial freedom with that job than I’ve ever had writing for any news organization in the US. I picked my own topics for columns, Press TV agreed not to make any changes, or cuts, in my pieces, and I got paid in full whether they ran a story or not. Only once in the course of a year of columns did they not run a piece — an article I did on the debate over the death penalty in the US. The editor claimed that it was too “US-focused” and that it would “not be of interest” to Press TV readers. Even articles I wrote that included criticisms of Iranian policy ran unaltered.)

Even if everything I say on the phone or write on my computer, every site I visit online, every place I travel, every person I interview, is not being monitored by the NSA, the fact that we know the government is doing this, and is capable of doing this thanks to billions of dollars being spent in secret on massive super-computer arrays in Maryland and Utah, the damage is done. I have to assume that it is being done, and adjust my mind and my working methods to that reality. Recent arrests, convictions and lengthy sentences handed out to journalists’ sources also mean I have to assume that my promises of anonimity to sources — a key to any good investigative journalism — are empty. The reality is that unless I resort to secret meetings in person with sources, or start using throw-away cell phones, the NSA can find out who I am communicating with.

A total police state may not exist (yet) in the US in the sense of the one I lived in for a while in China, where people get taken away without charge, not to be seen again for years, if ever, and where people get executed without even the semblance of a fair trial on trumped-up charges of corruption or assaulting an officer or threatening state security. But because of the extent of the spying secretly being done now in the US by the NSA, the FBI and other US “law-enforcement” and national “security” agencies, we have to live now as though it is happening.

Because it could be happening to any one of us, and because all that data they are collecting could be used later against us.

Not only that, but the data being collected can be manipulated, clipped and doctored, so as to make us look guilty of something when we are not.

Make no mistake. What happened to Lou Ann Merkel was an example of a police state at work. A courageous woman who dared to speak out against subtle and sometimes not so subtle racism in the school where she worked, and someone who dares to speak her mind on any topic, was threatened with jail by a school superintendent who felt he had absolute power and who in fact had the power to have her arrested on his say so on trumped-up charges.

Today we are all Lou Ann Merkel. Step out of line or stand on principle and we lose jobs, face arrest, and become the targets of the NSA’s spy machine.

(Incidentally, by way of full disclosure, Lou Ann is a friend and the wife of my ThisCantBeHappening! colleague John Grant. I met them both at that Upper Dublin School Board hearing mentioned above.)

There is one difference between China, the police state I lived in and reported on back in the 1990s, and the US police state of today. In China, everyone knows they are living in a totalitarian society. There is no confusion about that. Chinese people know that their news is controlled, that they are being watched and monitored on phone and online, and that if they step out of line there will be dire consequences for them and their families. Many do anyway, or resist in smaller ways.

In the US, most Americans remain blissfully unaware of how their freedoms have been stolen or surrendered. While they may say they don’t trust the government and don’t believe the news, they actually do to a remarkable extent. That’s the only explanation for society allowing — even encouraging — the government to continue to execute people based on a findings of a court system that is clearly corrupt to the core. It’s the only reason so many people say they support government spying to keep us “safe from terrorism.” It’s the only reason local communities, like mine here in Upper Dublin, keep voting more money for small armies of police officers equipped with M-16s and SWAT gear in places that violent crime is almost unheard of.

The United States is not China, or the former German Democratic Republic (East Germany). Not yet. But I’m afraid we are almost there, and in some ways we are in a worse place than the peoples of those societies, because so many of us here in the so-called “Land of the Free and the Brave” are living with eyes willfully closed to what is happening to us and to our country.

Americans can still wake up. We seem to have done that in the latest attempt by the war-mongers in Washington to launch yet another bloody war in the Middle East. But there is still far too much sleep-walking going on.

Benjamin Franklin once famously said: “Those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety.”
We Americans have been surrendering our liberty since the dawn of the national security state in 1947. The process accelerated with President Nixon’s “war” on crime and especially his “war” on drugs, which militarized police. Things grew worse under subsequent presidents, including President Reagan, who accelerated the “Drug War,
 and President Clinton, who gutted habeas corpus. Presidents George W. Bush and current President Obama have stolen more freedom from Americans than any leaders in the country’s history, with the acquiescence of most citizens.

Clearly we are not safer now. And as Franklin warned so presciently, when it comes to our liberties, we are now in danger of losing it all.

As it is, I no longer recognize the country I grew up in and in which I began my journalism career.

Wednesday, August 21, 2013

The NSA: ‘The Abyss From Which There Is No Return’

August 19, 2013 By John W. Whitehead

“The National Security Agency’s capability at any time could be turned around on the American people, and no American would have any privacy left, such is the capability to monitor everything: telephone conversations, telegrams, it doesn’t matter. There would be no place to hide. If a dictator ever took over, the N.S.A. could enable it to impose total tyranny, and there would be no way to fight back.”—Senator Frank Church (1975)

We now find ourselves operating in a strange paradigm where the government not only views the citizenry as suspects but treats them as suspects, as well. Thus, the news that the National Security Agency (NSA) is routinely operating outside of the law and overstepping its legal authority by carrying out surveillance on American citizens is not really much of a surprise. This is what happens when you give the government broad powers and allow government agencies to routinely sidestep the Constitution.

Indeed, as I document in my book, A Government of Wolves: The Emerging American Police State, these newly revealed privacy violations by the NSA are just the tip of the iceberg. Consider that the government’s Utah Data Center (UDC), the central hub of the NSA’s vast spying infrastructure, will be a clearinghouse and a depository for every imaginable kind of information—whether innocent or not, private or public—including communications, transactions and the like. In fact, anything and everything you’ve ever said or done, from the trivial to the damning—phone calls, Facebook posts, Twitter tweets, Google searches, emails, bookstore and grocery purchases, bank statements, commuter toll records, etc.—will be tracked, collected, catalogued and analyzed by the UDC’s supercomputers and teams of government agents.

By sifting through the detritus of your once-private life, the government will come to its own conclusions about who you are, where you fit in, and how best to deal with you should the need arise. Indeed, we are all becoming data collected in government files. Whether or not the surveillance is undertaken for “innocent” reasons, surveillance of all citizens, even the innocent sort, gradually poisons the soul of a nation. Surveillance limits personal options—denies freedom of choice—and increases the powers of those who are in a position to enjoy the fruits of this activity.

If this is the new “normal” in the United States, it is not friendly to freedom. Frankly, we are long past the point where we should be merely alarmed. These are no longer experiments on our freedoms. These are acts of aggression.

Senator Frank Church (D-Ida.), who served as the chairman of the Select Committee on Intelligence that investigated the National Security Agency in the 1970s, understood only too well the dangers inherent in allowing the government to overstep its authority in the name of national security. Church recognized that such surveillance powers “at any time could be turned around on the American people, and no American would have any privacy left, such is the capability to monitor everything: telephone conversations, telegrams, it doesn’t matter. There would be no place to hide.”

Noting that the NSA could enable a dictator “to impose total tyranny” upon an utterly defenseless American public, Church declared that he did not “want to see this country ever go across the bridge” of constitutional protection, congressional oversight and popular demand for privacy. He avowed that “we,” implicating both Congress and its constituency in this duty, “must see to it that this agency and all agencies that possess this technology operate within the law and under proper supervision, so that we never cross over that abyss. That is the abyss from which there is no return.”

Unfortunately, we have long since crossed over into that abyss, first under George W. Bush, who, among other things, authorized the NSA to listen in on the domestic phone calls of American citizens in the wake of the 9/11 attacks, and now under President Obama, whose administration has done more to undermine the Fourth Amendment’s guarantee of privacy and bodily integrity than any prior administration. Incredibly, many of those who were the most vocal in criticizing Bush for attempting to sidestep the Constitution have gone curiously silent in the face of Obama’s repeated violations.

Whether he intended it or not, it well may be that Obama, moving into the home stretch and looking to establish a lasting “legacy” to characterize his time in office, is remembered as the president who put the final chains in place to imprison us in an electronic concentration camp from which there is no escape. Yet none of this could have been possible without the NSA, which is able to operate outside the constitutional system of checks and balances because Congress has never passed a law defining its responsibilities and obligations.

The constitutional accountability clause found in Article 1, section 9, clause 7 of the Constitution demands that government agencies function within the bounds of the Constitution. It does so by empowering the people’s representatives in Congress to know what governmental agencies are actually doing by way of an accounting of their spending and also requiring full disclosure of their activities. However, because agencies such as the NSA operate with “black ops” (or secret) budgets, they are not accountable to Congress.

In his book Body of Secrets, the second installment of the most extensively researched inquiry into the NSA, author James Bamford describes the NSA as “a strange and invisible city unlike any on earth” that lies beyond a specially constructed and perpetually guarded exit ramp off the Baltimore-Washington Parkway. “It contains what is probably the largest body of secrets ever created.”

Bamford’s use of the word “probably” is significant since the size of the NSA’s staff, budget and buildings is kept secret from the public. Intelligence experts estimate that the agency employs around 38,000 people, with a starting salary of $50,000 for its entry-level mathematicians, computer scientists and engineers. Its role in the intelligence enterprise and its massive budget dwarf those of its better-known counterpart, the Central Intelligence Agency (CIA). The NSA’s website provides its own benchmarks:

Neither the number of employees nor the size of the Agency’s budget can be publicly disclosed. However, if the NSA/CSS were considered a corporation in terms of dollars spent, floor space occupied, and personnel employed, it would rank in the top 10 percent of the Fortune 500 companies.

If the NSA’s size seems daunting, its scope is disconcerting, especially as it pertains to surveillance activities domestically. The first inkling of this came in December 2005 when the New York Times reported that President Bush had secretly authorized the NSA to monitor international phone calls and email messages initiated by individuals (including American citizens) in the United States. Bush signed the executive order in 2002, under the pretext of needing to act quickly and secretly to detect communication among terrorists and their contacts and to quell future attacks in the aftermath of September 11, 2001.

The New York Times story forced President Bush to admit that he had secretly instructed the NSA to wiretap Americans’ domestic communications with international parties without seeking a FISA warrant or congressional approval. The New York Times had already sat on its story for a full year due to White House pressure not to publish its findings. It would be another six months before USA Today delivered the second and most significant piece of the puzzle, namely that the NSA had been secretly collecting the phone records of tens of millions of Americans who used the national “private” networks AT&T, Verizon and BellSouth.

It would be another seven years before Americans were given undeniable proof—thanks to NSA whistleblower Edward Snowden—that the NSA had not only broken privacy rules or overstepped its legal authority thousands of times every year but was actively working to flout attempts at oversight and accountability, aided and abetted in this subterfuge by the Obama administration.

Then again, all Snowden really did was confirm what we already suspected was happening. We already knew the NSA was technologically capable of spying on us. We also knew that the agency had, since the 1960s, routinely spied on various political groups and dissidents.

So if we already knew that the government was spying on us, what’s the big deal? And more to the point, as I often hear many Americans ask, if you’re not doing anything wrong, why should you care?

The big deal is simply this: once you allow the government to start breaking the law, no matter how seemingly justifiable the reason, you relinquish the contract between you and the government which establishes that the government works for and obeys you, the citizen—the employer—the master. And once the government starts operating outside the law, answerable to no one but itself, there’s no way to rein it back in, short of revolution.

As for those who are not worried about the government filming you when you drive, listening to your phone calls, using satellites to track your movements and drones to further spy on you, you’d better start worrying. At a time when the average American breaks at least three laws a day without knowing it thanks to the glut of laws being added to the books every year, there’s a pretty good chance that if the government chose to target you for breaking the law, they’d be able to come up with something without much effort.

Then again, for those who insist they’re not doing anything wrong, per se, perhaps they should be. Because if you’re not doing anything wrong, it just might mean that you’re not doing anything at all, which is how we got into this mess in the first place.

Saturday, July 6, 2013

The "Risk" of Terrorism,,,

Don't know how this was calculated or if it's correct, but the point is the odds of being a victim of a terrorist are so ridiculous there shouldn't be so many resources  devoted to preventing terrorism. I'd rather be the victim of a terrorist attack than have my freedoms ignored and/or taken away...


Friday, May 10, 2013

When Truth and Integrity are Dead-Letter Words

Why are we fucking with Venezuela now? Leave them alone! If they have problems, let them deal with it--oh, but they're an oil rich country. God, our bullshit is SO transparent!


Washington’s Presumption
by PAUL CRAIG ROBERTS


The new president of Venezuela, Nicolas Maduro, is cast in Chavez’s mold. On May 4, he called US president Obama the “grand chief of devils.”

Obama, who has betrayed democracy in America, unleashing execution on American citizens without due process of law and war without the consent of Congress, provoked Maduro’s response by suggesting that Maduro’s newly elected government might be fraudulent. Obviously, Obama is piqued that the millions of dollars his administration spent trying to elect an American puppet instead of Maduro failed to do the job.

If anyone has accurately summed up Washington, it is the Venezuelans.

Who can forget Chevez standing at the podium of the UN General Assembly in New York City speaking of George W. Bush? Quoting from memory: “Right here, yesterday, at this very podium stood Satan himself, speaking as if he owned the world. You can still smell the sulphur.”

Hegemonic Washington threw countless amounts of money into the last Venezuelan election, doing its best to deliver the governance of that country to a Washington puppet called Henrique Capriles, in my opinion a traitor to Venezuela. Why isn’t this American puppet arrested for treason? Why are not the Washington operatives against an independent country–the US ambassador, the counsels, the USAID/CIA personnel, the Washington funded NGOs–ordered to leave Venezuela immediately or arrested and tried for spying and high treason? Why allow any presence of Washington in Venezuela when it is clear that Washington’s intention is to make Venezuela a puppet state like the UK, Germany, Canada, Australia, Turkey, Japan, and on and on.

There was a time, such as in the Allende-Pinochet era, when the American left-wing and a no longer extant liberal media would have been all over Washington for its illegal interference in the internal affairs of an independent country. But no more. As CounterPunch’s Jeffrey St. Clair has recently made clear, the American left-wing remains “insensate to the moral and constitutional transgressions being committed by their champion”–the first black, or half-black, US president– leaving Rand Paul to offer official denunciations against [Washington’s] malignant operations” against independent countries.

Against the Obama regime’s acts of international and domestic violence, “the professional Left, from the progressive caucus to the robotic minions of Moveon.org, lodge no objections and launch no protests.” St. Clair has written a powerful article. Read it for yourself.

I think the American left-wing lost its confidence when the Soviet Union collapsed and the Chinese communists and Indian socialists turned capitalist. Everyone misread the situation, especially the “end of history” idiots. The consequence is a world without strong protests of Washington’s and its puppet states’ war criminal military aggressions, murder, destruction of civil liberty and human rights, and transparent propaganda: “Last night Polish forces crossed the frontier and attacked Germany,” or so declared Adolf Hitler. Washington’s charges of “weapons of mass destruction” are even more transparent lies.

But hardly any care. The Western governments and Japan are all paid off and bought, and those that are not bought are begging to be bought because they want the money too. Truth, integrity, these are all dead-letter words. No one any longer knows what they mean.

The moronic George W. Bush said, in Orwellian double-speak, they hate us for our freedom and democracy. They don’t hate us because we bomb them, invade them, kill them, destroy their way of life, culture, and infrastructure. They hate us because we are so good. How stupid does a person have to be to believe this BS?

Washington and Israel present the world with unmistakable evil. I don’t need to stand at the UN podium after Bush or Obama. I can smell Washington’s evil as far away as Florida. Jeffrey St. Clair can smell it in Oregon. Nicolas Maduro can smell it in Venezuela. Evo Morales can smell it in Bolivia from where he cast out CIA-infiltrated USAID. Putin can smell it in Russia, although he still permits the treasonous “Russian opposition” funded by US money to operate against Russia’s government. The Iranians can smell it in the Persian Gulf. The Chinese can smell it as far away as Beijing.

Homeland Security, a gestapo institution, has “crisis actors” to help it deceive the public in its false flag operations.

The Obama regime has drones with which to silence American citizens without due process of law.

Homeland Security has more than a billion rounds of ammunition, tanks, a para-military force. Detention camps have been built.

Are Americans so completely stupid that they believe this is all for “terrorists” whose sparse numbers require the FBI to manufacture “terrorists” in so-called “sting operations” in order to justify the FBI’s $3 billion special fund from Congress to combat domestic terrorism?

Congress has taxpayers paying the FBI to frame up innocents and send them to prison.

This is the kind of country American has become. This is the kind of “security” agencies it has, filling their pockets by destroying the lives of the innocent and downtrodden.

“In God we trust,” reads the coinage. It should read: “In Satan we follow.”

Thursday, May 2, 2013

Debtors Prisons Are Punishing the Poor Across America

A 19th century tool for instilling fear in the public to pay off debt
May 1, 2013 | AlterNet/By Bill Berkowitz


"In the 1990s, Jack [Dawley's] drug and alcohol addictions led to convictions for domestic violence and driving under the influence, resulting in nearly $1,500 in fines and costs in the Norwalk Municipal Court. Jack was also behind on his child support, which led to an out-of-state jail sentence." After serving three and a half years in Wisconsin, Dawley, now sober for 14 years, is still trying to catch up with the fines he owes, and it has "continue[d] to wreak havoc on his life."
Tricia Metcalf is a mother with sole custody of two teenagers. In 2006, Metcalf "was convicted of passing multiple bad checks. The fines mounted into the thousands. Unable to pay the total amount owed, Tricia entered into a payment plan of $50 per month." Although she's worked temporary jobs, a long-term job has been hard to find. "Whenever Tricia missed a payment, a warrant was issued and she was taken to jail."

The stories of Jack Dawley and Tricia Metcalf are only two of several compelling accounts in the ACLU's new report, The Outskirts of Hope: How Ohio's Debtors' Prisons Are Ruining Lives and Costing Communities .

The jailing of people unable to pay fines and court costs is no longer a relic of the 19th century American judicial system. Debtors' prisons are alive and well in one-third of the states in this country.

In 2011, Think Progress' Marie Diamond wrote: "Federal imprisonment for unpaid debt has been illegal in the U.S. since 1833. It's a practice people associate more with the age of Dickens than modern-day America. But as more Americans struggle to pay their bills in the wake of the recession, collection agencies are using harsher methods to get their money, ushering in the return of debtor's prisons."

In 2010, the ACLU did a study titled In for a Penny: The Rise of America's New Debtors' Prisons, which revealed the use of debtors prison practices in five states, Louisiana, Michigan, Ohio, Georgia and Washington.

In his 1964 State of the Union address, President Lyndon B. Johnson said:

"Unfortunately, many Americans live on the outskirts of hope - some because of their poverty, and some because of their color, and all too many because of both. Our task is to help replace their despair with opportunity."

Nearly 50 years after Johnson's address, which launched the "War on Poverty," "poverty in America has not dissipated," the ACLU's report states that "the number of people living in poverty in Ohio grew by 57.7% from 1999 to 2011, with the largest increase coming from suburban counties."

This year's ACLU report - which takes its name from a phrase in Johnson's speech - points out that many poor "Ohioans ... convicted of a criminal or traffic offense and sentenced to pay a fine an affluent defendant may simply pay ... and go on with his or her life [find the fine] unaffordable [launching] the beginning of a protracted process that may involve contempt charges, mounting fees, arrest warrants, and even jail time. The stark reality is that, in 2013, Ohioans are being repeatedly jailed simply for being too poor to pay fines."

According to the report, Ohio courts in Huron, Cuyahoga, and Erie counties "are among the worst offenders. In the second half of 2012, over 20% of all bookings in the Huron County Jail were related to failure to pay fines. In Cuyahoga County, the Parma Municipal Court jailed at least 45 people for failure to pay fines and costs between July 15 and August 31, 2012. During the same period in Erie County, the Sandusky Municipal Court jailed at least 75 people for similar charges."

Debtors' prisons are unconstitutional

If you are thinking that debtors' prisons must be unconstitutional, you are right. The ACLU report points out that the U.S. Constitution, the Ohio Constitution, and Ohio Revised Code "all prohibit debtors' prisons."

"The law requires that, before jailing anyone for unpaid fines, courts must determine whether an individual is too poor to pay. Jailing a person who is unable to pay violates the law, and yet municipal courts and mayors' courts across the state continue this draconian practice."

The phenomenon of jailing people because they are unable to pay their fines and/or court costs isn't limited to Ohio. CBS Money Watch's Alain Sherter recently reported that "Roughly a third of U.S. states today jail people for not paying off their debts, from court-related fines and fees to credit card and car loans, according to the American Civil Liberties Union. Such practices contravene a 1983 United States Supreme Court ruling that they violate the Constitution's Equal Protection Clause."
Wreaking havoc on ordinary peoples' lives

Jack Dawley: "You'd go do your ten days, and they'd set you up a court date and give you another 90 days to pay or go back to jail... It was hard for me to obtain work, so I fell back into the cycle of going to jail every three months."

"I tried to pay my fines several times in multiple ways," Tricia Metcalf said. "I had even gone to churches and asked if there was any way they could help. There was nothing I could do. I asked the judge about community service." She even sold personal possessions, including her only mode of transportation to keep up with paying the fines. "Since 2006, Tricia has been incarcerated five times for failure to pay fines," causing major disruptions for her family.

There are several other compelling personal stories in the report.

Perhaps the most irrational aspect of the growing use of debtors' prisons during tough economic times when counties are stretched beyond their financial capabilities, is that they "actually waste taxpayer dollars by arresting and incarcerating people who will simply never be able to pay their fines, which are in any event usually smaller than the amount it costs to arrest and jail them."

The ACLU is calling on the Ohio Supreme Court "to institute administrative rules to ensure that all courts properly determine whether a person can afford to pay her criminal fines, in order to ensure that those who are unable to pay are not incarcerated for these debts."

"....Until the state Supreme Court takes action, thousands of Ohioans will continue to be relegated to the outskirts of hope, where the crime of poverty sentences them to a vicious cycle of incarceration, burdensome fees, and diminishing optimism for a better life. Our constitution - and our conscience - demand that Ohio courts do better."

Wednesday, April 24, 2013

CISPA in limbo thanks to Senate apathy

RT, April 23, 2013

Despite an $84 million lobbying effort, CISPA, the controversial bill aimed at making it easier for corporations to share customers' personal information with the government, faces an uncertain future after approval in the US House of Representatives.

The next step for the Cyber Intelligence Sharing and Protection Act, or CISPA, after passing by a 288 to 127 margin in the House, is a Senate vote. However, the Senate has yet to debate the bill and has given no indication that the proposal is a priority, as major issues including gun control and immigration linger in the national consciousness.

CISPA co-sponsor Rep. Mike Rogers (R-Mich.) of the House Intelligence Committee has maintained that the law would help corporations defend against supposedly inevitable cyber-attacks by striking “that right balance between our privacy, civil liberties and stopping bad guys in their tracks from ruining what is one-sixth of the US economy,” as quoted by the Associated Press.
If CISPA were to become law it would grant businesses and the government an unprecedented ability to share data without the need to consider anti-trust or classification laws. Hacked businesses would be granted legal immunity if they acted in “good faith” to protect their networks, thanks to a part of the bill whose broad language has drawn the ire of consumer and privacy advocates.

An initial version of the bill passed in the House of Representatives in 2012 but faded after a Senate filibuster. Last year only 40 Democrats supported the bill – though that number nearly doubled to 92 who voted for it in 2013. That seemingly sudden ideological shift followed an $84 million lobbying effort from major sponsors like Viacom, Time Warner, Verizon Wireless, and others, according to the Daily Tech.

The Electronic Frontier Foundation and American Civil Liberties Union, two of CISPA’s chief opponents, have warned that the legislation would reveal health records, credit information, and other information to the government without first being scrubbed by the companies turning over those files. The National Security Agency could then be granted access to those transmissions when investigating foreign hackers.

Google, Yahoo and Microsoft are among the tech companies that have supported the bill, but public backing has slowly eroded after Facebook revoked its support and a series of amendments in the House Intelligence Committee failed to sway the ACLU.

US President Barack Obama threatened to veto CISPA in 2012 and, citing privacy concerns, has kept his position with the current language of the bill. If CISPA overcomes the odds in the Senate, a presidential veto would again doom the law to months of debate in the House.

Friday, March 22, 2013

The Ugly Truth Behind Obama’s Cyber-War

Net Intrusion
by ALFREDO LOPEZ


Last week, a top U.S. government intelligence official named James Clapper warned Congress that the threat of somebody using the Internet to attack the United States is “even more pressing than an attack by global terrorist networks”. At about the same time, Keith Alexander, the head of the National Security Agency, announced that the government is forming 13 teams to conduct an international “cyber offensive” to pre-empt or answer “Internet attacks” on this country.

This, as they say, means war.

Clapper issued his melodramatic assessment during an appearance before the Senate Intelligence Committee. As Director of National Intelligence, he testified jointly with the heads of the CIA and FBI as part of their annual “Threat To the Nation” assessment report.

While undoubtedly important, these “threat assessment” appearances are usually a substitute for sleeping pills. The panel of Intelligence honchos parades out a list of “threats” ranked by a combination of potential harm and probability of attack. Since they began giving this report (shortly after 9/11), “Islamic fundamentalist terrorist networks” have consistently ranked number one. Hence the sleep-provoking predictability of it all.

But Clapper’s ranking of “cyber terrorism” as the number one threat would wake up Rip Van Winkle.

“Attacks, which might involve cyber and financial weapons, can be deniable and unattributable,” he intoned. “Destruction can be invisible, latent and progressive.” After probably provoking a skipped heartbeat in a Senator or two, he added that he didn’t think any major attack of this type was imminent or even feasible at this point.

So why use such “end of the world” rhetoric to make a unfeasible threat number one?

The answer perhaps was to be found in the House of Representatives where, on that same day, Gen. Alexander was testifying before the Armed Services Committee about, you got it, “cyber-war”.

Besides being head of the NSA, Alexander directs the United States Cyber Command. I’m not joking. Since 2010, the United States military has had a “Cyber Command”, comprised of a large network of “teams” some of whose purpose is to plan and implement what he called “an offensive strategy”.

Up to now, the Obama Adminstration’s stated policy has been to prioritize protection and defense of its own Internet and data systems and, unsurprisingly, those of U.S. corporations. Now we realize that the President has been cooking another dish on the back burner. When these military leaders talk about “offensive strategy”, they mean war and in warfare, the rules change and warriors see democracy as a stumbling block at least and a potential threat at worst.
Is there a “cyber threat”? Sure, just like there’s a “personal security threat” at your front door. You live among other humans and a few of them sometimes rob people. The Internet is a neighborhood of two billion people in constant communication. To do what it was developed to do, it has to be an open, world-wide communications system and so people can exploit that by harming your website or stealing your data if you don’t protect these things adequately. Developing protections is part of what technologists in every setting, including government services, do every day and they do it well, minimizing the incidence of an on-line hack.

That’s contemporary society. You lock the door to your house, turn on your car alarm on and protect your computer’s data. Most of the time it’s unnecessary but you do it for those rare occasions that it might be called for.

You do not, however, break into a thief’s home, kill him or her and wipe out everyone in the house. That’s what President Obama is proposing. No longer is this Administration interested in just “protection of data”; it now plans to pre-emptively attack data operations and Internet systems in other countries. The non-euphemistic term for this kind of “offensive strategy” is hacking and hacking takes two forms: data theft and disruption of service. In other words, the government plans to do what it throws people in jail for doing.

Clearly, this isn’t only about data theft or service disruption. It’s entwined with the political conflicts Washington has with other countries like China and Iran. The Internet is now another battlefield and this offensive strategy gives our government another weapon in its ceaseless war on the world.

While this weapon might sound benign, almost game-like, compared to other military adventures, it is actually a vicious and punishing strategy promising a festival of unavoidable collateral damage.

A “cyber offensive” can target just about anything in a country (like the computers running an Iranian power plant) and, depending on how the Internet systems are inter-connected, almost automatically cut service to people, schools, hospitals, security services and governments themselves. This is the digital version of nuclear warfare, horrific for its impact and its fundamental immorality.

When the announcements were made, the mainstream media flew into a frenzy of evaluation and analysis. Is this cyber threat real, commentators asked? Most of them found that, at this point, it isn’t. But that’s not the point and it isn’t the real threat.

The carefully planned and coordinated Clapper/Alexander testimony provides a pretext for the array of repressive Internet-governing laws, strategies and programs the Administration already has in place. Their purpose is a ratcheting control of the Internet by the government, a redefinition of our constitutional rights and the eviscerating of our, and the world’s, freedoms. Now, with this “cyber war” scenario, these measures can be more easily defended and made permanent.

We can group those laws and programs into three categories.

1 - ”Extreme Data Collection”

The Obama Administration is building a huge data center in Bluffdale, Utah whose role is to capture and store all data everyone in this country (and most of the world) transmits. You read that right.

“Flowing through its servers and routers and stored in near-bottomless databases will be all forms of communication,” wrote James Bamford in Wired Magazine, “including the complete contents of private emails, cell phone calls, and Google searches, as well as all sorts of personal data trails — parking receipts, travel itineraries, bookstore purchases, and other digital ‘pocket litter.’”

While having your entire on-line life tracked and stored in Utah is pretty creepy, the more pressing issue is how government officials plan to use this data and how they are collecting it. To mine its value, they need to order it to make searches, filtering and lists possible. You need a strategy and while Obama officials have been pretty open about what they’re building, they are closed-mouth about what they intend to do with it.

We know they are working hard on developing code-breaking technology which would allow them to read data which is super-encrypted, the last wall of privacy and protection we have. We also know that, to get this data, they have a remarkable system of surveillance that includes direct capture (capturing data from your on-line sessions), satellite surveillance and the tapping (through easily available data captures) of major information gatherers like Google and Yahoo. The fact that they plan to open this center in September, 2013 means that the intense surveillance and data gathering is in place. You are now never alone.

This is the kind of information on “the enemy” they need in a cyber-war but this information is about us and so the question pertains: who is the enemy here?

2 - “Internet Usage Restriction”

If you’re conducting a war, you can’t have people running around the battlefield trading information and distributing it because, after all, you need secrecy. But collecting and distributing information is entirely what the Internet is about.

No reasonable person expects the entire shut-down of the Internet but the curtailment of on-line expression is now happening and getting worse, re-defining the meaning of free speech and making it an embattled concept.

Under the law, for instance, any corporation or individual can claim you are violating their copyright and demand you remove offending material from a website. You can challenge and litigate that but it doesn’t really matter because, under the Digital Millenium Copyright Act your web hosting service faces huge penalties if they keep the site on-line and the copyright violation is proven. So, to avoid the legal fees and the risk, they’ll just wipe your website. This happens all the time.

If the hosting service stands strong — as some progressive providers do — the people claiming the violation will just go “upstream” to the company that provides your web hosting service’s connection to the Internet and, to avoid legal problems, that “upstream provider” will just unplug the server. Servers host many websites, sometimes in the hundreds, and other services and so not only do you lose your site but everyone else on the server has theirs taken off-line. And this happens without even going in front of a judge.

Sure, there is still robustly exercised “freedom of speech” on the Internet. But the laws are in place to curtail it and, if the government wants, it can (and will) curtail. It’s a modern-day version of benevolent dictatorship which can, as history demonstrates, become pretty darn malevolent pretty fast.

3 — “Selective Repression”

There are hundreds of criminal cases against Internet activists world-wide right now and scores in the United States. The ones most of us are most familiar with, those involving Aaron Swartz and Bradley Manning, are only the tip of the frightening iceberg.

A day after the testimony before Congress, for example, federal authorities announced the case of a techie named Matthew Keys . Keys, who worked for a tv station in Los Angeles owned by the Tribune Company, is accused of leaking a username and password to an activist from the well-known hacker organization Anonymous. Authorities say the Anonymous activist used that user/password combo to satirically alter a headline on the website of the Tribune-owned Los Angeles Times.

Keys is now charged with conspiracy to transmit information to damage a protected computer; transmitting information to damage a protected computer and attempted transmission of information to damage a protected computer. Each count carries a 10 year jail sentence, three years of supervised release and a fine of $250,000. For giving someone who changed a headline a username and password!

Last year, we at May First/People Link were raided by the FBI which literally stole a server from one of our server installations in New York City. They were investigating terroristic emails from some lunatic to people at the University of Pittsburgh and the dozens of servers this bozo used included one of ours. We have some anonymous servers which means there are no records of who used them, no traces…no information about the person sending the email; it’s to protect whistle-blowers and others needing total anonymity.

The FBI knew this but they stole the server anyway and then, about a week later, put it back. They never informed us of any of this. We found out because one of our techies went into the server installation and found one of the servers gone and installed a hidden camera which caught the agents when they returned the machine.

If all these developments seem disturbing to you, that’s justified. These repressive and intrustive measures target the very essence and purpose of the Internet. Created as a way for people to communicate with each other world-wide, this marvel of human interaction is now being turned into a field across which countries shoot programming bombs at each other while repressing and even punishing ordinary people’s communication: dividing us, perpetuating the feeling of loneliness that’s a constant in today’s societies and crippling the struggles for change that combat the division and loneliness and depend on the Internet to do it.

The Internet’s true purpose is to bring the world’s people closer to each other. The Obama Administration is doing just the opposite. It would advisable for those of us who have consistently opposed and fought against wars of all kinds to view this “cyber war” as an equally dangerous and destructive threat.

Tuesday, March 19, 2013

Iraq After Ten Years

March 18, 2013 | Paul Craig Roberts

Ten years ago today the Bush regime invaded Iraq. It is known that the justification for the invasion was a packet of lies orchestrated by the neoconservative Bush regime in order to deceive the United Nations and the American people.

The US Secretary of State at that time, General Colin Powell, has expressed his regrets that he was used by the Bush regime to deceive the United Nations with fake intelligence that the Bush and Blair regimes knew to be fake. But the despicable presstitute media has not apologized to the American people for serving the corrupt Bush regime as its Ministry of Propaganda and Lies.

It is difficult to discern which is the most despicable, the corrupt Bush regime, the presstitutes that enabled it, or the corrupt Obama regime that refuses to prosecute the Bush regime for its unambiguous war crimes, crimes against the US Constitution, crimes against US statutory law, and crimes against humanity.

In his book, Cultures Of War, the distinguished historian John W. Dower observes that the concrete acts of war unleashed by the Japanese in the 20th century and the Bush imperial presidency in the 21st century “invite comparative analysis of outright war crimes like torture and other transgressions. Imperial Japan’s black deeds have left an indelible stain on the nation’s honor and good name, and it remains to be seen how lasting the damage to America’s reputation will be. In this regard, the Bush administration’s war planners are fortunate in having been able to evade formal and serious investigation remotely comparable to what the Allied powers pursued vis-a-vis Japan and Germany after World War II.”

Dower quotes Arthur Schlesinger Jr.: “The president [Bush] has adopted a policy of ‘anticipatory self-defense’ that is alarmingly similar to the policy that imperial Japan employed at Pearl Harbor on a date which, as an earlier American president said it would, lives in infamy. Franklin D. Roosevelt was right, but today it is we Americans who live in infamy.”

Americans paid an enormous sum of money for the shame of living in infamy. Joseph Stiglitz and Linda Bilmes calculated that the Iraq war cost US taxpayers $3 trillion dollars. This estimate might turn out to be optimistic. The latest study concludes that the war could end up costing US taxpayers twice as much.

In order to pay for the profits that have flowed into the pockets of the US military-security complex and from there into political contributions, Americans are in danger of losing Social Security, Medicare, and the social cohesiveness that the social welfare system provides.

The human cost to Iraq of America’s infamy is extraordinary: 4.5 million displaced Iraqis, as many as 1 million dead civilians leaving widows and orphans, a professional class that has departed the country, an infrastructure in ruins, and social cohesion destroyed by the Sunni-Shia conflict that was ignited by Washington’s destruction of the Saddam Hussein government.

It is a sick joke that the United States government brought freedom and democracy to Iraq. What the Washington war criminals brought was the death and destruction of a country.

The US population, for the most part, seems quite at ease with the gratuitous destruction of Iraq and all that it entails: children without parents, wives without husbands, birth defects from “depleted” uranium, unsafe water, a country without hope mired in sectarian violence.

Washington’s puppet state governments in the UK, Europe, the Middle East and Japan seem equally pleased with the victory–over what? What threat did the victory defeat? There was no threat.

Weapons of mass destruction was a propaganda hoax. Mushroom clouds over American cities was fantasy propaganda. How ignorant do populations have to be to fall for such totally transparent propaganda? Is there no intelligence anywhere in the Western world?

At a recent conference the neoconservatives responsible for the deaths and ruined lives of millions and for the trillions of dollars that their wars piled on US national debt were unrepentant and full of self-justification. While Washington looks abroad for evil to slay, evil is concentrated in Washington itself.

The American war criminals walk about unmolested. They are paid large sums of money to make speeches about how Americans are bringing freedom and democracy to the world by invading, bombing and murdering people. The War Crimes Tribunal has not issued arrest warrants. The US Department of State, which is still hunting for Nazi war criminals, has not kidnapped the American ones and sent them to be tried at the Hague.

The Americans who suffered are the 4,801 troops who lost their lives, the thousands of troops who lost limbs and suffer from other permanent wounds, the tens of thousands who suffer from post-traumatic stress and from the remorse of killing innocent people, the families and friends of the American troops, and the broken marriages and single-parent children from the war stress.

Other Americans have suffered on the home front. Those whose moral conscience propelled them to protest the war were beaten and abused by police, investigated and harassed by the FBI, and put on no-fly lists. Some might actually be prosecuted. The Unites States has reached the point where any citizen who has a moral conscience is an enemy of the state. The persecution of Bradley Manning demonstrates this truth.

A case could be made that the historians’ comparison of the Bush regime with Japanese war criminals doesn’t go far enough. By this October 7, Washington will have been killing people, mainly women, children, and village elders, in Afghanistan for 12 years. No one knows why America has brought such destruction to the Afghan people. First the Soviets; then the Americans. What is the difference? When Obama came into the presidency, he admitted that no one knew what the US military mission was in Afghanistan. We still don’t know. The best guess is profits for the US armaments industry, power for the Homeland Security industry, and a police state for the insouciant US population.

Washington has left Libya in ruins and internal conflict. There is no government, but it is not libertarian nirvana.

The incessant illegal drone attacks on Pakistani civilians is radicalizing elements of Pakistan and provoking civil war against the Pakistani government, which is owned by Washington and permits Washington’s murder of its citizens in exchange for Washington’s money payments to the political elites who have sold out their country to Washington.

Washington has destabilized Syria and destroyed the peace that the Assad family had imposed on the Islamic sects. Syria seems fated to be reduced to ruins and permanent violence like Libya and Iraq.

Washington is at work killing people in Yemen.

As the video released to WikiLeaks by Bradley Manning shows, some US troops don’t care who they kill–journalists and civilians walking peacefully along a street, a father and his children who stop to help the wounded. As long as someone is killed, it doesn’t matter who.

Killing is winning.

The US invaded Somalia, has its French puppets militarily involved in Mali, and perhaps has Sudan in its crosshairs for drones and missiles.

Iran and Lebanon
are designated as the next victims of Washington’s aggression.

Washington protects Israeli aggression against the West Bank, Gaza, and Lebanon from UN censure and from embargoes. Washington has arrested and imprisoned people who have sent aid to the Palestinian children. "Gaza," declares Washington which regards itself as the only fount of truth, "is ruled by Hamas, a terrorist organization." according to Washington. Thus any aid to Gaza is aid to terrorism. Aide to starving and ill Palestinian children is support of terrorism. This is the logic of an inhumane war criminal state.

What is this aggression against Muslims about?

The Soviet Union collapsed and Washington needed a new enemy to keep the US military/security complex in power and profits. The neoconservatives, who totally dominated the Bush regime and might yet dominate the Obama regime declared Muslims in the Middle East to be the enemy. Against this make-believe “enemy,” the US launched wars of aggression that are war crimes under the US imposed Nuremberg standard that was applied to the defeated WWII Germans.

Although the British and French started World War II by declaring war on Germany, it was Germans, defeated by the Red Army, who were tried by Washington as war criminals for starting a war. A number of serious historians have reached the conclusion that America’s war crimes, with the fire-bombings of the civilian populations of Dresden and Tokyo and the gratuitous nuclear attacks on the civilian populations of Hiroshima and Nagasaki, are of the same cloth as the war crimes of Hitler and the Japanese.

The difference is that the winners paint the defeated in the blackest tones and themselves in high moral tones. Honest historians know that there is not much difference between US WWII war crimes and those of the Japanese and Germans. But the US was on the winning side.

By its gratuitous murder of Muslims in seven or eight countries, Washington has ignited a Muslim response: bitter hatred of the United States. This response is termed “terrorism” by Washington and the war against terrorism serves as a source of endless profits for the military complex and for a police state to “protect” Americans from terrorism, but not from the terrorism of their own government.

The bulk of the American population is too misinformed to catch on, and the few who do
understand and are attempting to warn others will be silenced. The 21st century will be one of the worst centuries in human history. All over the Western world, liberty is dying.

The legacy of “the war on terror” is the death of liberty.

Wednesday, February 27, 2013

Walling Ourselves Inside a Militarized-Police State

Wednesday, February 27, 2013 by TomDispatch.com
by Tom Engelhardt

It was, in a sense, so expectable, so leave-no-child-behind. I’m talking about the arming of American schools. Think of it as the next step in the militarization of this country, which follows all-too-logically from developments since September 11, 2001. In the wake of 9/11, police departments nationwide began to militarize in a big way, and the next thing you knew, the police were looking ever less like old-style neighborhood patrollers and ever more like mini-anti-terror armies. The billy club, the simple sidearm? So Old School. So retro.

When it came to weaponry for the new, twenty-first-century version of the police, it was a matter of letting the good times roll: Tasers, flash grenades, pepper spray, incendiary tear gas, Kevlar helmets, assault rifles, bomb-detection robots, armored vehicles and tanks, special-ops-style SWAT teams, drone mini-submarines, drone aircraft, you name it. Today, even school police are being armed with assault rifles. And with it all goes a paramilitary fashion craze that anyone who observed the police in the Occupy moment is most familiar with.

In addition, the U.S. military is now offloading billions of dollars worth of its surplus equipment, some of it assumedly used in places like Iraq and Afghanistan against armed insurgents, on police forces even in small towns nationwide. This includes M-16s, helmet-mounted infrared goggles, amphibious tanks, and helicopters. And now, the same up-armoring mentality is being brought to bear on a threat worse than terror: our children. Think of it as the reductio ad absurdum of the new national security state. First, they locked down the airports, then the capital, then the borders, and finally the schools. Now, we’re ready!

But the seldom-asked question is: ready for what? After all, with a few rare exceptions (including unpredictable lone wolf attacks like the attempted assassination of Congresswoman Gabrielle Giffords; the disgruntled software engineer who flew his plane into a building containing an IRS office in Austin, Texas, killing himself and an IRS manager; Major Nidal Hassan’s murderous rampage at Fort Hood, Texas; and the Newtown slaughter), just about all “terror” threats in the U.S. have essentially been FBI sting operations involving crews of “terrorists” who were, by themselves, incapable of planning their way out of the proverbial paper bag.

Imagine for a moment how much better off we might be today if the money that has, for more than a decade, poured into the militarization of the police had been plowed into American education or infrastructure or just about anything else. In that case, we might be prepared for something other than fighting phantoms and -- as Chase Madar, author of The Passion of Bradley Manning, points out in “The School Security America Doesn’t Need” -- handcuffing seven-year-olds. For the TV version of what’s happening in our schools in the post-Newtown moment, you would have to imagine “Homeland” populated by overarmed Muppets and Thomas the Tank (not the Tank Engine).

Friday, October 12, 2012

US Supreme Court Finalizes Gift of Immunity to the Telecom Giants

Thursday, October 11, 2012 by The Guardian
Yet again, the Congress, courts, executive branch and the establishment media work together to protect the nation's most powerful actors

by Glenn Greenwald
 
So pervasive and reliable is the rule of elite immunity - even in the face of the most egregious crimes - that one finds extreme examples on a weekly basis. Six weeks ago, the Obama justice department forever precluded the possibility of criminal accountability for Bush torturers by refusing to bring charges in the only two remaining torture cases, ones involving the deaths of the detainee-victims by torture.The telecom giant has another big win in US courts.

The Obama campaign is now running a new campaign ad against Mitt Romney that rails against a litany of Wall Street "criminals" and "gluttons of greed", but as David Dayen astutely notes, those examples were all imprisoned during the Bush era because the Obama administration has prosecuted no significant Wall Street executives for the 2008 financial collapse and thus have none of their own examples to highlight:

"So the Obama campaign could not fill a list of three Wall Street criminals that the Obama Justice Department actually sent to jail. Heck, they couldn't fill a list of one!
"This is despite Eric Holder telling students at Columbia University in February of this year that his Justice Department's record of success on fighting financial fraud crimes 'has been nothing less than historic.' But not historic enough that his boss could point to, well, one Wall Street criminal behind bars as a result of DoJ's actions.
That's painfully telling. Nobody from Bank of America or Wells Fargo or Citigroup or JPMorgan Chase or Goldman Sachs or Bear Stearns or Morgan Stanley or Merrill Lynch or even Countrywide or Ameriquest was available to stand in as a 'glutton of greed' in this advertisement. Literally no major figure responsible for the financial crisis has gone to jail. So the campaign has to use two CEOs from a decade-old accounting scandal, and a garden-variety Ponzi schemer."
And now, the US supreme court just consecrated one of the most corrupt acts of the US government over the past decade: its vesting of retroactive legal immunity in the nation's telecom giants after they had been caught red-handed violating multiple US eavesdropping laws. Just as the Obama DOJ forever precluded any legal accountability for Bush-era torturers, the supreme court on Tuesday forever precluded any legal accountability for AT&T, Verizon, Sprint and other telecoms for their crucial participation in the illegal Bush NSA warrantless eavesdropping program (the Obama DOJ, needless to say, supported the position of the telecoms).

When the New York Times revealed on 16 December 2005 that the Bush administration was spying on the telephone calls and emails of American citizens without the warrants required by the criminal law, it exposed lawbreaking not only by government officials but also by the nation's largest telecoms. Multiple laws were in place at the time imposing both criminal and civil liability on telecoms for enabling government spying on the communications of their customers without warrants or other legal authority, and that is exactly what these telecoms did. One former AT&T employee, Mark Klein, publicly described how AT&T had even built a separate room with no purpose but to permit the National Security Agency unfettered access to all of its customers' communications.

What was most remarkable about those telecom laws is that - in the wake of the mid-1970s Church Committee investigation finding that the government abused its spying powers to punish and monitor dissidents - those laws were expressly written to prevent telecoms from participating in illegal government spying. They were written with the full participation of telecom lawyers to ensure that the companies' obligations were crystal clear. And most amazingly of all, the laws already contained broad immunity clauses to ensure that telecoms could never be punished for "good faith" violations, but rather only for deliberate, knowing violations of the law.

When civil liberties groups sued the telecoms on behalf of their customers whose communications had been illegally accessed by the government, federal courts began ruling against the telecoms, holding that the immunity they already had under the law would be unavailable to them, because the allegations against them amounted to knowing, deliberate violations of the law. As one federal judge put it in refusing to dismiss a lawsuit against AT&T: "AT&T cannot seriously contend that a reasonable entity in its position could have believed that the alleged domestic dragnet was legal."

But in the US, large and powerful actors must not be and are not subject to the rule of law. So telecoms hired former government officials from both parties to lobby for them and poured money into the coffers of key Democratic Senators such as Intelligence Committee Chairman Jay Rockefeller (who became the chief advocate of telecom immunity).

In 2008, the industry obtained an extraordinary act of Congress that gave them the gift of retroactive immunity from all criminal and civil liability for their participation in the illegal eavesdropping programs aimed at Americans on US soil. The immunity was enacted by an overwhelming bipartisan vote, with the support of leading Democrats including Barack Obama, who had promised - when seeking his party's nomination - to filibuster any bill that contained retroactive telecom immunity.

Immediately after this immunity was vested, groups which had been suing the telecoms and had their lawsuits terminated by the law, such as Electronic Frontier Foundation (EFF) and the ACLU, challenged the constitutionality of this immunity. They argued, among other things, that retroactive telecom immunity "violates the federal government's separation of powers as established in the Constitution" (by having Congress rather than courts resolve cases in favor of telecoms and by allowing executive branch officials full discretion as to which telecoms should be immunized), and "robs innocent telecom customers of their rights without due process of law" (by retroactively barring them from seeking justice in court for the violations of their legal rights).

Federal courts, needless to say, rejected these claims, dismissed the lawsuits against the telecoms, and upheld the validity of telecom immunity. It was these decisions that the supreme court on Tuesday refused to review, thus forever shielding lawbreaking telecoms from any legal accountability. Thus, the same tribunal that regularly consigns ordinary, powerless Americans to prison for decades for even trivial offenses yet again acts to protect the most powerful actors from any consequences for serious crimes: that is the US justice system in a nutshell.

As usual, it is not only the executive branch, Congress and courts which enable this elite immunity, but also the nation's establishment media, which obscures and distorts these issues with flagrantly misleading claims. Yesterday, for instance, CNN purported to report on the supreme court's decision, and told its readers that what "civil libertarians" were objecting to was eavesdropping on "potential terrorists" [my emphasis]:
"The U.S. Supreme Court on Tuesday left in place a law that allows the Justice Department to stop suits against telecommunications companies for participating in wiretaps of potential terrorists.
"The ruling was a key setback for civil libertarians challenging the broader powers of government since the September 11, 2001, attacks on the United States to use electronic surveillance to track potential threats in the name of national security. . . .
"In this case, Verizon Communications, Sprint Nextel, and AT&T were accused of privacy violations by assisting the government with intelligence gathering following the hijack attacks on New York and Washington."
This is all patently misleading. Nobody has ever objected to eavesdropping on "potential terrorists"; nobody objects to the "use [of] electronic surveillance to track potential threats in the name of national security"; and certainly nobody claims there are "privacy violations" from eavesdropping on terrorists.

The issue is and always has been illegality, not eavesdropping. The objection is not to government eavesdropping itself, but to government eavesdropping in violation of the law, by spying without the court warrants required by that law, a law that made it a felony - punishable by up to five years in prison and a $10,000 fine for each offense - to eavesdrop on Americans without first obtaining permission from a court. Moreover, the problem is not that government spying took place against "potential terrorists" but that the communications of all Americans were swept up.

George Bush tried to distort objections to his illegal eavesdropping program into objections to "eavesdropping on the terrorists", and here we have CNN in its headline and lede perpetuating that same claim. The CNN article does eventually note that "the law had previously required the government to justify a national security interest before any phone calls and emails originating in another country could be monitored", that "a federal judge had to sign any search warrant" and that "Bush secretly suspended that requirement following the attacks" (Bush did not "secretly suspend that requirement but rather "secretly broke the law": presidents do not have the power to "suspend laws": that's called "breaking the law").

Despite those caveats, the CNN headline and the lede of the article give the clear impression that the objections are to eavesdropping on terrorists, something no sane or rational person could oppose:


cnn telecoms


So congratulations are once again in order for AT&T, Verizon, Sprint and the other national telecom giants. In a country that imprisons more of its ordinary citizens than any other on the planet by far, and that imposes more unforgiving punishments than any other western nation, our most powerful corporate actors once again find total impunity even for the most serious of lawbreaking.

Skepticism of US journalists
 Relating to all of this, I had what I considered to be a quite revealing Twitter exchange this morning with the New York Times' Matthew Rosenberg, who covers Afghanistan for that paper. Rosenberg intervened in a discussion of US drones in Pakistan by vehemently denouncing the Pakistani government for "outright, unabashed lies", and then arguing: "it's problematic to base analysis off statements from [a government] that repeatedly misleads in public."

When I asked him whether he would apply those same notes of skepticism to the US government, he repeatedly refused to answer, both in response to my question and those from others. He just kept insisting that the issue was irrelevant. But how could it possibly be that Pakistan's propensity to lie is relevant to the drone debate, but the US government's propensity to do so is irrelevant? That's particularly striking given the clear documentation that top US government officials have lied about US drones. I have posted all the relevant Twitter comments here.

Apparently, like so many US journalists, Rosenberg is quite willing and eager to publicly denounce foreign government leaders as liars and to insist that their statements on drones must be taken with great skepticism, but - as an American reporter working for a US newspaper writing about US policy - he refuses to say the same about his own government (he did eventually say that all government claims should be treated with skepticism). Rosenberg has actually done some good journalism, but that double standard perfectly captures the role many establishment journalism plays in the US.