Hurrah for Mr. Levinson and his principled stand.
Now the thousands of other Lavabit E-mail users know to blame the NSA for screwing them over.
News and Opinion
Roger’s note: Obama worse than Bush? On the face of it it seems a ludicrous idea. But digging a little deeper … Here are two articles that give much food for thought. I especially encourage you to play the video at the very end of the second article and watch Rachel Maddow take apart Obama’s academy award winning performance for convolution.
http://www.opednews,com, 10/17/2013 at 09:10:31
If Seymour Hersh says the tale of the death of Osama bin Laden at the hands of US Navy SEALS is “one big lie” and “not one word of it is true,” President Obama will be hard pressed to keep his job when Hersh’s new book comes out. Over a lifetime, investigative reporter Hersh has become famous for his accuracy, honesty, reliability and integrity and if he says the bin Laden tale is a fake, you can take it to the bank.
But the use of such camps can be expanded greatly, especially in the new Amerika, where everyone is a suspect, and Constitutional rights are a sometime option.
Rachel Maddow has compiled and dissected some recent speeches by Obama in which he explains the future use of FEMA camps directly, and his twisted but very real legal theory allowing, at least to him, indefinite pre-emptive detention for crimes that have not been committed yet, and Obama’s overreach, far beyond anything Bush and Cheney ever attempted, and completely outside even the constitution’s Article 1, Section 9, which allows for suspension of Habeas Corpus during times of “Rebellion (e.g. as in the Civil War) or Invasion.” She compares Obama’s evolving policy to that of the Tom Cruise science fiction movie: Minority Report, in which Cruise works as a cop in the department of pre-crime, arresting people for things they haven’t done yet.
Roger’s note: before reading this article, please not that the author is not Noam Chomsky or Ralph Nader, but rather a former official in the Reagan administration and writer for the Wall Street Journal.
OpEdNews Op Eds 8/13/2013 at 16:06:54
Americans will soon be locked into an unaccountable police state unless US Representatives and Senators find the courage to ask questions and to sanction the executive branch officials who break the law, violate the Constitution, withhold information from Congress, and give false information about their crimes against law, the Constitution, the American people and those in Afghanistan, Pakistan, Yemen, Iraq, Libya, Syria, Somalia, Guantanamo, and elsewhere. Congress needs to use the impeachment power that the Constitution provides and cease being subservient to the lawless executive branch. The US faces no threat that justifies the lawlessness and abuse of police powers that characterize the executive branch in the 21st century.
Offering the elusive explanation that he wanted to avoid “being complicit in crimes against the American people,” Lavabit founder Ladar Levison has suspended operations, evidently the first time a service provider has publicly closed down rather than cooperate with court-ordered government surveillance. In a statement on his site, Levison notes, “I wish that I could legally share with you the events that led to my decision. I cannot….the First Amendment is supposed to guarantee me the freedom to speak out in situations like this. Unfortunately, Congress has passed laws that say otherwise.” He also suggests he is preparing a legal fight, offers a link to a legal defense fund – “Defending the Constitution is expensive!” – and ends with a warning. More on the implications for other possible NSA targets here.
“This experience has taught me one very important lesson: Without Congressional action or a strong judicial precedent, I would strongly recommend against anyone trusting their private data to a company with physical ties to the United States.”
Roger’s note: to learn more about Lynne Stewart, http://en.wikipedia.org/wiki/Lynne_Stewart
April 15th, 2013
Statement by Ed Asner in support of Lynne Stewart:
April 13, 2013
“Given the enormous good that Lynne Stewart has done for humanity throughout her life as a courageous lawyer for the poor, the oppressed and the unjustly accused, I am shocked by the cynical perversity of a government that has pursued her savagely and vengefully.
Lynne Stewart’s treatment by the government has been demonic. Prevented from scheduled surgery, her breast cancer spread to her lymph nodes, bones and lungs. Denied proper medical treatment, she has been bound with 10 pounds of shackles and chains, even when in a hospital bed.
In tormenting Lynne Stewart the government seeks to terrorize all lawyers who would defend those targeted by State repression. The treatment of Lynne Stewart is a threat to due process, an assault on fundamental rights that date to Magna Carta.
Lynne Stewart must be free. The law requires her compassionate release and the medical care that can save her life. We must deny the State a death sentence aimed at the freedom of us all.
The State power that torments Lynne Stewart invades countries at will, murders hundreds of thousands with impunity and creates a climate of fear and repression to prevent the people of this country from calling those in power to account.
The fight to free Lynne Stewart is a front-line battle for basic rights secured through the American revolution and is a measure of our will to reclaim a land of the free in the home of the brave.”
April 4th, 2013
DECLARATION BY DICK GREGORY — APRIL 4, 2013 (PDF Verison)
I hereby declare on this day commemorating the life and sacrifice of my friend and brother in struggle, Dr. Martin Luther King, Jr., that in the spirit of his moral legacy, I demand the immediate release from prison of the legendary lawyer Lynne Stewart, who devoted her entire professional life to the poor, the oppressed and those targeted by the police and a vindictive State.
I further declare that from this day forth, I shall refuse all solid food until Lynne Stewart is freed and receives medical treatment in the care of her family and with physicians of her choice without which she will die.
There is no time to lose as cancer, which had been in remission, has metastasized since her imprisonment. It has spread to her lymph nodes, her shoulder and appears in her bones and in her lungs.
Read the rest of this entry »
April 2nd, 2013
Lynne Stewart sends her appreciation to petition signatories:
I want you, individually, to know how gratifying and happy it makes me to have your support. It is uplifting, to say the least, and after a lifetime of organizing it proves once again that the People can rise.
The acknowledgement of the life-political, and solutions brought about by group unity and support, is important to all of us. Equally, so is the courage to sign on to a demand for a person whom the Government has branded with the “T” word — Terrorist. Understanding that the attack on me is a subterfuge for an attack on all lawyers who advocate without fear of Government displeasure, with intellectual honesty guided by their knowledge and their client’s desire for his or her case, I hope our effort can be a crack in the American bastion. Thank you. Lynne
03/20/13 Federal Medical Center, Carswell
April 1st, 2013
Letter from Lynne responding to Desmond Tutu’s message of support:
My dear honorable Desmond Tutu:
I hardly know how to address you, for while we have never met face to face we are bonded as only those who fight for the rights and justice of humanity can be. As my husband and I are activists of many years and struggles, we can claim this lovely unity with you harking back to Nelson Mandela at Robbin Island, the original ANC and before. While I know you are still engaged in helping South Africa reach the highest level of the expectations of freedom, I am most pleased and amazed that you have taken the time to support my efforts against the US prison system.
I have now been in jail as a political prisoner since 2009, but only recently been diagnosed with fatal cancer. The “mechanism” in the US law that allows “compassionate release” is so infrequently utilized that the New York Times did an editorial criticizing the system. Anytime the key to the jailhouse is placed in the hands of uncaring bureaucrats, freedom is at stake.
Having been informed that their “rule” is that one must have death in the room–a prognosis of a year or less, to be considered, once again forces me to don my armor and do battle—not just for me but for all the millions of prisoners who do not receive the consideration that they deserve. It is a fight to demand that each person is treated with individual care and attention. It is with great joy that I see you joining me and this renews my hope and belief that the worldwide network of good caring people exists and can be made manifest.
March 29th, 2013
OpEdNews Op Eds 2/22/2013 at 16:59:12
Dear Mr Romero-
Thursday, Jan 31, 2013 10:25 AM EST
Human Rights Watch Thursday published its annual World Report, in which it lays out a pointed critique of the U.S. prison system. The enormous prison population — the largest in the world at 1.6million — “partly reflects harsh sentencing practices contrary to international law,” notes the report.
The 2013 World Report, a 665-page tome which assesses human rights progress in the past year in 90 countries, highlights particular issues undergirding the U.S.’s blighted carceral system. It notes that “practices contrary to human rights principles, such as the death penalty, juvenile life-without-parole sentences, and solitary confinement are common and often marked by racial disparities.” Via HRW:
Research in 2012 found that the massive over-incarceration includes a growing number of elderly people whom prisons are ill-equipped to handle, and an estimated 93,000 youth under age 18 in adult jails and another 2,200 in adult prisons. Hundreds of children are subjected to solitary confinement. Racial and ethnic minorities remain disproportionately represented in the prison population.
HRW cite statistics often used to show racial disparities in the U.S. prison system. For example, while whites, African Americans and Latinos have comparable rates of drug use, African Americans are arrested for drug offenses, including possession, at three times the rate of white men.
“The United States has shown little interest in tackling abusive practices that have contributed to the country’s huge prison population,” said Maria McFarland, deputy U.S. program director at Human Rights Watch. “Unfortunately, it is society’s most vulnerable – racial and ethnic minorities, low-income people, immigrants, children, and the elderly – who are most likely to suffer from injustices in the criminal justice system.”
Although noting some progress in 2012 (both D.C. and Connecticut joined the ranks of 16 states to have abolished the death penalty), HRW also stressed continuing injustices in U.S. immigration policies, labor issues and treatment of minorities, women, the disabled and HIV positive individuals. The report was particularly critical when reviewing the U.S.’s counterterrorism policies. The NGO noted in a statement:
Both the Obama administration and Congress supported abusive counterterrorism laws and policies, including detention without charge at Guantanamo Bay, restrictions on the transfer of detainees held there, and prosecutions in a fundamentally flawed military commission system. Attacks by US aerial drones were carried out in Pakistan, Somalia, Yemen, and elsewhere, with important legal questions about the attacks remaining unanswered.
The administration has taken no steps toward accountability for torture and other abuses committed by US officials in the so-called “war on terror,” and a Justice Department criminal investigation into detainee abuse concluded without recommending any charges. The Senate Select Committee on Intelligence completed a more than 6,000-page report detailing the CIA’s rendition, detention, and interrogation program, but has yet to seek the report’s declassification so it can be released to the public.
The World Report explicitly mentions Obama’s signing of the NDAA in 2011 (an act he repeated this year), noting, “The act codified the existing executive practice of detaining terrorism suspects indefinitely without charge, and required that certain terrorism suspects be initially detained by the military if captured inside the U.S..”
Next week, the lawsuit against Obama over the NDAA’s definite detention provision will be back in federal court as plaintiffs including Chris Hedges, Daniel Ellsberg and Noam Chomsky seek an injunction prohibiting indefinite detention of civilians without charge or trial.
Comments from HRW’s McFarland point out what’s at stake for the president here: “The Obama administration has a chance in its second term to develop with Congress a real plan for closing Guantanamo and definitively ending abusive counterterrorism practices,” McFarland said. “A failure to do so puts Obama at risk of going down in history as the president who made indefinite detention without trial a permanent part of U.S. law.”
Natasha Lennard is an assistant news editor at Salon, covering non-electoral politics, general news and rabble-rousing. Follow her on Twitter @natashalennard, email email@example.com. More Natasha Lennard.
Roger’s note: More Obama hypocrisy and lies.
Published on Friday, December 28, 2012 by The Guardian/UK
The California Democrat’s disgusting rhetoric recalls the worst of Dick Cheney while advancing Obama’s agenda
Democratic Senate Intelligence Committee chair Dianne Feinstein joined with GOP Senator Saxby Chambliss (right) to extend Obama’s warrantless eavesdropping powers. (Photograph: J Scott Applewhite/AP)
by Glenn Greenwald
To this day, many people identify mid-2008 as the time they realized what type of politician Barack Obama actually is. Six months before, when seeking the Democratic nomination, then-Sen. Obama unambiguously vowed that he would filibuster “any bill” that retroactively immunized the telecom industry for having participated in the illegal Bush NSA warrantless eavesdropping program.
But in July 2008, once he had secured the nomination, a bill came before the Senate that did exactly that – the FISA Amendments Act of 2008 – and Obama not only failed to filibuster as promised, but far worse, he voted against the filibuster brought by other Senators, and then voted in favor of enacting the bill itself. That blatant, unblinking violation of his own clear promise – actively supporting a bill he had sworn months earlier he would block from a vote – caused a serious rift even in the middle of an election year between Obama and his own supporters.
Critically, the FISA Amendments Act of 2008 did much more than shield lawbreaking telecoms from all forms of legal accountability. Jointly written by Dick Cheney and then-Senate Intelligence Committee Chair Jay Rockefeller, it also legalized vast new, sweeping and almost certainly unconstitutional forms of warrantless government eavesdropping.
In doing so, the new 2008 law gutted the 30-year-old FISA statute that had been enacted to prevent the decades of severe spying abuses discovered by the mid-1970s Church Committee: by simply barring the government from eavesdropping on the communications of Americans without first obtaining a warrant from a court. Worst of all, the 2008 law legalized most of what Democrats had spent years pretending was such a scandal: the NSA warrantless eavesdropping program secretly implemented by George Bush after the 9/11 attack. In other words, the warrantless eavesdropping “scandal” that led to a Pulitzer Prize for the New York Times reporters who revealed it ended not with investigations or prosecutions for those who illegally spied on Americans, but with the Congressional GOP joining with key Democrats (including Obama) to legalize most of what Bush and Cheney had done. Ever since, the Obama DOJ has invoked secrecy and standing doctrines to prevent any courts from ruling on whether the warrantless eavesdropping powers granted by the 2008 law violate the Constitution.
The 2008 FISA law provided that it would expire in four years unless renewed. Yesterday, the Senate debated its renewal. Several Senators – Democrats Jeff Merkley and Ron Wyden of Oregon along with Kentucky GOP Senator Rand Paul – each attempted to attach amendments to the law simply to provide some modest amounts of transparency and oversight to ensure that the government’s warrantless eavesdropping powers were constrained and checked from abuse.
Just consider how modest these amendments were. Along with Democratic Sen. Mark Udall of Colorado, Sen. Wyden has spent two years warning Americans that the government’s eavesdropping powers are being interpreted (by secret court decisions and the Executive Branch) far more broadly than they would ever suspect, and that, as a result, these eavesdropping powers are being applied far more invasively and extensively than is commonly understood.
As a result, Wyden yesterday had two amendments: one that would simply require the NSA to give a general estimate of how many Americans are having their communications intercepted under this law (information the NSA has steadfastly refused to provide), and another which would state that the NSA is barred from eavesdropping on Americans on US soil without a warrant. Merkley’s amendment would compel the public release of secret judicial rulings from the FISA court which purport to interpret the scope of the eavesdropping law on the ground that “secret law is inconsistent with democratic governance”; the Obama administration has refused to release a single such opinion even though the court, “on at least one occasion”, found that the government was violating the Fourth Amendment in how it was using the law to eavesdrop on Americans.
But the Obama White House opposed all amendments, demanding a “clean” renewal of the law without any oversight or transparency reforms. Earlier this month, the GOP-led House complied by passing a reform-free version of the law’s renewal, and sent the bill Obama wanted to the Senate, where it was debated yesterday afternoon.
The Democratic Chair of the Senate Intelligence Committee, Dianne Feinstein, took the lead in attacking Wyden, Merkley, Udall and Paul with the most foul Cheneyite accusations, and demanded renewal of the FISA law without any reforms. And then predictably, in virtually identical 37-54 votes, Feinstein and her conservative-Democratic comrades joined with virtually the entire GOP caucus (except for three Senators: Paul, Mike Lee and Dean Heller) to reject each one of the proposed amendments and thus give Obama exactly what he demanded: reform-free renewal of the law (while a few Democratic Senators have displayed genuine, sustained commitment to these issues, most Democrats who voted against FISA renewal yesterday did so symbolically and half-heartedly, knowing and not caring that they would lose as evidenced by the lack of an attempted filibuster).
In other words, Obama successfully relied on Senate Republicans (the ones his supporters depict as the Root of All Evil) along with a dozen of the most militaristic Democrats to ensure that he can continue to eavesdrop on Americans without any warrants, transparency or real oversight. That’s the standard coalition that has spent the last four years extending Bush/Cheney theories, eroding core liberties and entrenching endless militarism: Obama + the GOP caucus + Feinstein-type Democrats. As Michelle Richardson, the ACLU’s legislative counsel, put it to the Huffington Post: “I bet [Bush] is laughing his ass off.”
But what’s most remarkable here is not so much what happened but how it happened. When Obama voted in 2008 to massively increase the government’s warrantless eavesdropping powers, I so vividly recall his supporters insisting that he was only doing this because he wanted to win the election, and then would get into power and fix these abuses by reversing them. Yes, there were actually large numbers of people who believed this. And they were encouraged to believe this by Obama himself, who, in explaining his 2008 vote, said things like this:
“I know that the FISA bill that passed the House is far from perfect. I wouldn’t have drafted the legislation like this, and it does not resolve all of the concerns that we have about President Bush’s abuse of executive power. . . .
I do so [vote for the FISA bill] with the firm intention – once I’m sworn in as president – to have my Attorney General conduct a comprehensive review of all our surveillance programs, and to make further recommendations on any steps needed to preserve civil liberties and to prevent executive branch abuse in the future.”
Needless to say, none of that ever happened. Now, the warrantless eavesdropping bill that Obama insisted was plagued by numerous imperfections is one that he is demanding be renewed without a single change. Last week, Marcy Wheeler documented the huge gap between (a) what Obama vowed he would do when he voted for this law in 2008 versus (b) what he has actually done in power (they’re opposites).
Indeed, when it came time last year to vote on renewal of the Patriot Act – remember how Democrats used to pretend during the Bush years to find the Patriot Act so alarming? – the Obama administration also demanded its renewal without a single reform. When a handful of Senators led by Rand Paul nonetheless proposed modest amendments to eliminate some of the documented abuses of the Patriot Act, Democratic majority leader Harry Reid did his best Dick Cheney impression by accusing these disobedient lawmakers of risking a Terrorist attack by delaying renewal:
“When the clock strikes midnight tomorrow, we will be giving terrorists the opportunity to plot against our country undetected. The senator from Kentucky is threatening to take away the best tools we have for stopping them.
“We all remember the tragic Fort Hood shootings less than two years ago. Radicalized American terrorists bought guns and used them to kill 13 civilians [by "civilians", Reid means: members of the US military]. It is hard to imagine why the senator would want to hold up the Patriot Act for a misguided amendment that would make American less safe.”
In other words: if you even try to debate the Patriot Act or add any amendments to it, then you are helping the Terrorists: classic Dick Cheney. (Democratic Sen. Udall defended Paul from Reid’s disgusting attack: “This is not a Patriot Act. Patriots stand up for the Constitution. Patriots stand up for freedom and liberty that’s embodied in the Constitution. And I think true patriots, when they’re public servants, public servants stand up and do what’s right, even if it’s unpopular”).
Yesterday, I watched as Dianne Feinstein went well beyond Harry Reid’s disgusting Cheneyite display. Feinstein is one of the Senate’s richest plutocrats, whose husband, Richard Blum, has coincidentally been quite enriched by military and other government contracts during her Senate career. During this time, Feinstein has acted as the most faithful servant in the Senate of the National Security State’s unchecked, authoritarian power.
Yesterday, Feinstein stood up on the Senate floor and began by heaping praise on her GOP comrade, Sen. Saxby Chambliss of Georgia, for leading his caucus to join her in renewing the FISA act without any reforms. She then unleashed a vile attack on her Democratic colleagues – Wyden, Merkley, and Udall, along with Paul – in which she repeatedly accused them of trying to make the nation vulnerable to a Terrorist attack.
Feinstein insisted that one could support their amendments only if “you believe that no one is going to attack us”. She warned that their amendments would cause “another 9/11″. She rambled about Najibullah Zazi and his attempt to detonate a bomb on the New York City subway: as though a warrant requirement, let alone disclosure requirements for the eavesdropping program, would have prevented his detection. Having learned so well from Rudy Giuliani (and Harry Reid), she basically just screamed “Terrorist!” and “9/11″ over and over until her time ran out, and then proudly sat down as though she had mounted rational arguments against the transparency and oversight amendments advocated by Wyden, Merkley, Udall and Paul.
Even more notably, Feinstein repeatedly argued that requiring even basic disclosure about the eavesdropping program – such as telling Americans how many of them are targeted by it – would, as she put it, “destroy the program”. But if “the program” is being conducted properly and lawfully, why would that kind of transparency kill the program? As the ACLU’s Richardson noted: “That Sen. Feinstein says public oversight will lead to the end of the program says a lot about the info that’s being hidden.” In response to her warnings that basic oversight and transparency would destroy the program, Mother Jones’ Adam Serwer similarly asked: “Why, if it’s all on the up and up?”
All of this was accomplished with the core Bush/Cheney tactic used over and over: they purposely waited until days before the law is set to expire to vote on its renewal, then told anyone who wants reforms that there is no time to consider them, and that anyone who attempted debate would cause the law to expire and risk a Terrorist attack. Over and over yesterday, Feinstein stressed that only “four days remained” before the law expires and that any attempts even to debate the law, let alone amend it, would leave the nation vulnerable.
It’s hard to put into words just how extreme was Feinstein’s day-long fear-mongering tirade. “I’ve never seen a Congressional member argue so strongly against Executive Branch oversight as Sen. Feinstein did today re the FISA law,” said Micah Zenko of the Council on Foreign Relations. Referring to Feinstein’s alternating denials and justifications for warrantless eavesdropping on Americans, the ACLU’s Jameel Jaffer observed: “This FISA debate reminds of the torture debate circa 2004: We don’t torture! And anyway, we have to torture, we don’t have any choice.”
Jaffer added that Feinstein’s strident denials that secret warrantless eavesdropping poses any dangers “almost makes you nostalgic for Ashcroft’s ‘phantoms of lost liberty’ speech” – referring to the infamous 2001 decree from Bush’s Attorney General:
“To those who scare peace-loving people with phantoms of lost liberty, my message is this: Your tactics only aid terrorists for they erode our unity and diminish our resolve. They give ammunition to America’s enemies and pause to America’s friends.”
That is exactly the foul message which Dianne Feinstein, doing the bidding of the Obama White House, spewed at her liberal Senate colleagues (and a tiny handful of Republicans) for the crime of wanting to bring some marginal transparency and oversight to the warrantless eavesdropping powers with which Obama vested himself when voting in 2008 for that FISA law. As it turns out, Yale Law Professor Jack Balkin had it exactly right in mid-2008 when explaining – in the face of lots of progressive confusion and even anger – why Obama decided to support a FISA bill that vested the executive with massive unchecked eavesdroppoing power: namely, Obama “plans to be the executive”, so “from Obama’s perspective, what’s not to like?”
Just four or five years ago, objections to warrantless eavesdropping were a prime grievance of Democrats against Bush. The controversies that arose from it were protracted, intense, and often ugly. Progressives loved to depict themselves as stalwartly opposing right-wing radicalism in defense of Our Values and the Constitution.
Fast forward to 2012 and all of that, literally, has changed. Now it’s a Democratic President demanding reform-free renewal of his warrantless eavesdropping powers. He joins with the Republican Party to codify them. A beloved Democratic Senator from a solidly blue state leads the fear-mongering campaign and Terrorist-enabling slurs against anyone who opposes it. And it now all happens with virtually no media attention or controversy because the two parties collaborate so harmoniously to make it happen. And thus does a core guarantee of the founding – the search warrant requirement of the Fourth Amendment – blissfully disappear into nothingness.
Here we find yet again a defining attribute of the Obama legacy: the transformation of what was until recently a symbol of right-wing radicalism – warrantless eavesdropping – into meekly accepted bipartisan consensus. But it’s not just the policies that are so transformed but the mentality and rhetoric that accompanies them: anyone who stands in the way of the US Government’s demands for unaccountable, secret power is helping the Terrorists. “The administration has decided the program should be classified”, decreed Feinstein, and that is that.
In 2005, the Bush White House invoked the “very bad guy” defense to assure us that we need not worry about the administration’s secret warrantless eavesdropping program; as a Bush White House spokesman put it:
“This is a limited program. This is not about monitoring phone calls designed to arrange Little League practice or what to bring to a potluck dinner. These are designed to monitor calls from very bad people to very bad people who have a history of blowing up commuter trains, weddings and churches.”
In 1968, Nixon Attorney General John Mitchell similarly told the public in the face of rising concerns over government eavesdropping powers that “any citizen of this United States who is not involved in some illegal activity has nothing to fear whatsoever.” That is the noble tradition which the Obama White House, Dianne Feinstein and their GOP partners are continuing now.
© 2012 Guardian News and Media Limited
Glenn Greenwald is a columnist on civil liberties and US national security issues for the Guardian. A former constitutional lawyer, he was until 2012 a contributing writer at Salon. His most recent book is, With Liberty and Justice for Some: How the Law Is Used to Destroy Equality and Protect the Powerful. His other books include: Great American Hypocrites: Toppling the Big Myths of Republican Politics, A Tragic Legacy: How a Good vs. Evil Mentality Destroyed the Bush Presidency, and How Would a Patriot Act? Defending American Values from a President Run Amok. He is the recipient of the first annual I.F. Stone Award for Independent Journalism.
FBI documents just obtained by the Partnership for Civil Justice Fund (PCJF) pursuant to the PCJF’s Freedom of Information Act demands reveal that from its inception, the FBI treated the Occupy movement as a potential criminal and terrorist threat even though the agency acknowledges in documents that organizers explicitly called for peaceful protest and did “not condone the use of violence” at occupy protests.
The PCJF has obtained heavily redacted documents showing that FBI offices and agents around the country were in high gear conducting surveillance against the movement even as early as August 2011, a month prior to the establishment of the OWS encampment in Zuccotti Park and other Occupy actions around the country.
“This production, which we believe is just the tip of the iceberg, is a window into the nationwide scope of the FBI’s surveillance, monitoring, and reporting on peaceful protestors organizing with the Occupy movement,” stated Mara Verheyden-Hilliard, Executive Director of the Partnership for Civil Justice Fund (PCJF). “These documents show that the FBI and the Department of Homeland Security are treating protests against the corporate and banking structure of America as potential criminal and terrorist activity. These documents also show these federal agencies functioning as a de facto intelligence arm of Wall Street and Corporate America.”
“The documents are heavily redacted, and it is clear from the production that the FBI is withholding far more material. We are filing an appeal challenging this response and demanding full disclosure to the public of the records of this operation,” stated Heather Benno, staff attorney with the PCJF.
You can read the FBI – OWS documents below where we have uploaded them in searchable format for public viewing.
The PCJF filed Freedom of Information Act demands with multiple federal law enforcement agencies in the fall of 2011 as the Occupy crackdown began. The FBI initially attempted to limit its search to only one limited record keeping index. Recognizing this as a common tactic used by the FBI to conduct an inadequate search, the PCJF pressed forward demanding searches be performed of the FBI headquarters as well as FBI field offices nationwide.
The PCJF will continue to push for public disclosure of the government’s spy files and will release documents as they are obtained.
(AFP Photo / Paul J. Richards)
Roger’s note: The phrase “lock ‘em up and throw away the key” used to be used jokingly. It is no joke what Obama is doing. This president, who is reputed to be a constitutional scholar, is systematically tramping over the constitution and what is perhaps the most important and precious civil and legal protections, habeas corpus. Imagine how this precedent will be used under some of the Republican nut cases who are likely to be future presidents. Frightening.
www.rt.com, August 7, 2012
The White House has filed an appeal in hopes of reversing a federal judge’s ruling that bans the indefinite military detention of Americans because attorneys for the president say they are justified to imprison alleged terrorists without charge.
Manhattan federal court Judge Katherine Forrest ruled in May that the indefinite detention provisions signed into law late last year by US President Barack Obama failed to “pass constitutional muster” and ordered a temporary injunction to keep the military from locking up any person, American or other, over allegations of terrorist ties. On Monday, however, federal prosecutors representing President Obama and Defense Secretary Leon Panetta filed a claim with the 2nd US Circuit Court of Appeals in hopes of eliminating that ban.
The plaintiffs “cannot point to a single example of the military’s detaining anyone for engaging in conduct even remotely similar to the type of expressive activities they allege could lead to detention,” Obama’s attorneys insist. With that, the White House is arguing that as long as the indefinite detention law hasn’t be enforced yet, there is no reason for a judge to invalidate it.
Reuters reports this week that the government believes they are justified to have the authorization to lock alleged belligerents up indefinitely because cases involving militants directly aligned against the good of the US government warrants such punishment. Separate from Judge Forrest’s injunction, nine states have attempted to, at least in part, remove themselves from the indefinite detention provisions of included in the National Defense Authorization Act for Fiscal Year 2012, or NDAA.
In section 1021 of the NDAA, the president’s authority to hold a terrorism suspect “without trial, until the end of the hostilities” is reaffirmed by Congress. Despite an accompanying signing statement voicing his opposition to that provision, President Obama quietly inked his name to the NDAA on December 31, 2011. In May, however, a group of plaintiffs including notable journalists and civil liberty proponents challenged section 1021 in court, leading to Just Forrest to find it unconstitutional one month later.
“There is a strong public interest in protecting rights guaranteed by the First Amendment,” Forrest wrote in her 68-page ruling. “There is also a strong public interest in ensuring that due process rights guaranteed by the Fifth Amendment are protected by ensuring that ordinary citizens are able to understand the scope of conduct that could subject them to indefinite military detention.”
At the time Just Forrest made her injunction, attorney Carl Mayer told RT on behalf of the plaintiffs that, although he expected the White House to appeal, “It may not be in their best interest.”
“[T]here are so many people from all sides of the political spectrum opposed to this law that they ought to just say, ‘We’re not going to appeal,’” Mayer said. “The NDAA cannot be used to pick up Americans in a proverbial black van or in any other way that the administration might decide to try to get people into the military justice system. It means that the government is foreclosed now from engaging in this type of action against the civil liberties of Americans.”
The original plaintiffs, who include Pulitzer Prize-winner Chris Hedges, have asked Just Forrest to make her injunction permanent. Oral arguments in the case are expected to begin this week.
How many Americans have been killed in terrorist attacks inside the United States since the September 11, 2001, atrocities? Arguably 16. Egyptian Hesham Mohamed Hadayet killed two Israelis at the El Al ticket counter at the Los Angeles airport on July 4, 2002. On June 1, 2009, Abdulhakim Muhammedkilled one soldier at a recruiting center in Little Rock, Arkansas, and Army psychiatrist Maj. Nidal Hasan killed 13 soldiersduring a shooting rampage in at Fort Hood, Texas in November 2009
In addition, the National Counterterrorism Center has been compiling worldwide deaths of private U.S. citizens due to terrorism since 2005. Terrorism is defined as “premeditated, politically motivated violence, perpetrated against noncombatant targets by subnational groups or clandestine agents.”
In 2010 (the latest report), 15 Americans were killed in terrorist attacks; nine died in 2009; 33 in 2008; 17 in 2007; 28 in 2006; and 56 in 2005. The vast majority of private U.S. citizens killed in terrorist attacks died in the war zone countries of Iraq and Afghanistan. So the sad tally of Americans killed by terrorists around the world since 2005 comes to a total of 158, yielding an annual rate 16 Americans killed by terrorists outside of the borders of the United States.
Taking these figures into account, a rough calculation suggests that in the last five years, your chances of being killed by a terrorist are about one in 20 million. This compares annual risk of dying in a car accident of 1 in 19,000; drowning in a bathtub at 1 in 800,000; dying in a building fire at 1 in 99,000; or being struck by lightning at 1 in 5,500,000. In other words, in the last five years you were four times more likely to be struck by lightning than killed by a terrorist.
The National Consortium for the Study of Terrorism and Responses to Terrorism (START) has just published, Background Report: 9/11, Ten Years Later [PDF]. The report notes, excluding the 9/11 atrocities, that fewer than 500 people died in the U.S. from terrorist attacks between 1970 and 2010. The report adds, “From 1991-2000, the United States averaged 41.3 terrorist attacks per year. After 2001, the average number of U.S. attacks decreased to 16 per year from 2002-2010.”
Of course, the police and politicians will cite the lack of deaths from terrorism as evidence that their protective measures are working. Earlier this year, the conservative Heritage Foundation compiled a list of 39 terror plots that had been foiled since September 2001. Going through the list, about 23 of the plots might plausibly have resulted in terror attacks of one sort or another. Several were aimed at subways, military bases, and shopping malls. To get a feel for the number of people that might be killed in typical terrorist attacks, consider that four subway bombs killed 52 people in London in 2005; the deadliest attack on a military base killed 13; and blowing up the Alfred P. Murrah Federal Building in Oklahoma City, Oklahoma, killed 187 people in 1995.
Making the huge assumption that all 23 plausible plots would have succeeded in killing an average of 100 Americans each, that means that 2,300 would have died in the last 10 years, or about 230 per year. (This implies a rate that is 10 times higher than the rate between 1970 and 2010, excluding the 9/11 attacks, by the way.) Even at this higher rate, your chances of dying in a terrorist attack would be about 1 in 1.7 million.
Ohio State University political scientist John Mueller and Mark Stewart, an engineering professor at University of Newcastle in Australia recently estimated that the U.S. has spent $1 trillion on anti-terrorism security measures since 2001 (this figure does not include the costs of the wars in Iraq and Afghanistan). Assuming that 2,300 Americans might have been killed by terrorists inside the United States, this implies a cost of more that $400 million dollars per life saved. Typically when evaluating the costs of protective regulations, federal government agencies set the value of a life at about $9 million.
However, terrorism is especially frightening (that’s why they call it “terrorism”), so the average citizen might want to spend double the usual amount to prevent a death. But still suggests that on a reasonable benefit-cost basis public and private spending is 20 times too much to prevent deaths from terrorist attacks. Now let’s retrospectively add the tragic 3,000 deaths from the 9/11 attacks to take into account the remote possibility that terrorists might be able to pull off another similarly spectacular assault; that still means that nearly $200 million is being spent per plausible life saved.
A good bit of the trillion dollars has supported measures that threaten our liberties by beefing up the national security state. Since 2001, we all get to enjoy airport security theater; we must carry proper “papers” in order to gain admission to federal buildings; and federal minions have felt free to wiretapwithout warrants.
On this 10th anniversary, we will certainly remember those who died so tragically. But we should also recognize that terrorism is a hollow threat to which we should not surrender one iota of our liberties.
Ronald Bailey is Reason magazine’s science correspondent. His book Liberation Biology: The Scientific and Moral Case for the Biotech Revolution is now available from Prometheus Books.