Posted by rogerhollander in Constitution, Criminal Justice, Democracy, Surveillance, Surveillance State, Whistle-blowing.
Tags: aclu, bulk surveillance, conor friedersdorf, constitution, edward snowden, nsa, nsa secrets, patriot act, phone dragnet, roger hollander, state secrets, surveillance state, whistle blower, whistleblower
Roger’s note: I suppose, at least in theory, there may be a justification for a “state secrets” doctrine. I could picture an extreme circumstance where the democratic right of the people and their representatives to know could be trumped because making information public could aid and abet an enemy in an imminently dangerous way. Nevertheless, that doctrine has been used and abused over and over again to evade accountability; and I am not aware of a single case where it was used to avoid an actual danger.
But with respect to “legality,” I have often referred to a speech given many years ago by the notable civil liberties lawyer William Kunstler, which showed how some of the most noteworthy crimes in history — from the executions of Socrates and Jesus to the Nazi Holocaust — have been perpetrated under the color of “the Law.” My point is that men (sic) make the laws and the victors write the history. Take the issue under consideration in the following article, Snowden’s uncovering of NSA bulk surveillance. A federal appeals court says it is illegal. This will be appealed to the Supreme Court, which could well reverse with the result that was illegal one day becomes legal the next.
The Law and the judicial system are sacred and not to be taken lightly. But in the final analysis, it comes down who holds political and economic and military power. And in our world today those who own and operate monopoly capitalism are in the driver’s seat. Justice will not come about until they are dislodged.
A federal appeals court has ruled that one of the NSA programs he exposed was illegal.
Mark Blinch / Reuters
Conor Friedersdorf May 11, 2015 http://www.theatlantic.com
Edward Snowden’s most famous leak has just been vindicated. Since June 2013, when he revealed that the telephone calls of Americans are being logged en masse, his critics have charged that he took it upon himself to expose a lawful secret. They insisted that Congress authorized the phone dragnet when it passed the U.S.A. Patriot Act, citing Section 215, a part of the law that pertains to business records.
That claim was always suspect. The text of the law does not seem to authorize mass surveillance. A primary author and longtime champion of the law avows that Congress never intended to authorize the phone dragnet. And nothing like it was ever discussed during an extensive, controversy-filled debate about its provisions.
Now the wrongheadedness of the national-security state’s position has been confirmed.
A panel of judges on the Second Circuit Court of Appeals ruled last week that the program Snowden exposed was never legal. The Patriot Act does not authorize it, contrary to the claims of George W. Bush, Barack Obama, Michael Hayden, Keith Alexander, and James Clapper. “Statutes to which the government points have never been interpreted to authorize anything approaching the breadth of the sweeping surveillance at issue here,” Judge Gerard E. Lynch declared. “The sheer volume of information sought is staggering.”
Other conclusions reached by the three-judge panel include the following:
“The interpretation that the government asks us to adopt defies any limiting principle.”
“We would expect such a momentous decision to be preceded by substantial debate, and expressed in unmistakable language.There is no evidence of such a debate …”
“Congress cannot reasonably be said to have ratified a program of which many members of Congress—and all members of the public—were not aware … only a limited subset of members of Congress had a comprehensive understanding of the program…”
“Finding the government’s interpretation of the statute to have been ‘legislatively ratified’ under these circumstances would ignore reality.”
Consider what this means.
Telling the public about the phone dragnet didn’t expose a legitimate state secret. It exposed a violation of the constitutional order. For many years, the executive branch carried out a hugely consequential policy change that the legislature never approved. Tens of millions of innocent U.S. citizens were thus subject to invasions of privacy that no law authorized. And the NSA’s unlawful behavior would’ve continued, unknown to the public and unreviewed by Article III courts, but for Snowden’s leak, which caused the ACLU to challenge the illegal NSA program.
Snowden undeniably violated his promise to keep the NSA’s secrets.
But doing so was the only way to fulfill his higher obligation to protect and defend the Constitution, which was being violated by an executive branch exceeding its rightful authority and usurping the lawmaking function that belongs to the legislature. This analysis pertains only to the leaked documents that exposed the phone dragnet, not the whole trove of Snowden leaks, but with respect to that one set of documents there ought to be unanimous support for pardoning his disclosure.
Any punishment for revealing the phone dragnet would be unjust.
Now that a federal appeals court has found that Section 215 of the Patriot Act did not in fact authorize the policy, punishing a man for exposing the program would set this precedent: Whistleblowers will be punished for revealing illegal surveillance. That’s the position anyone who still wants Snowden prosecuted for that leak must take, if the ruling stands. (Other federal courts have issued rulings pointing in contrary directions, and this latest ruling will likely be appealed.)
Related Story
Does the PATRIOT Act Allow Bulk Surveillance?
Consider how this federal court ruling informs the debate over state secrets generally. Civil libertarians have long warned that secret national-security policies undermine both representative democracy and our system of checks and balances.
And that is exactly what happened with respect to the phone dragnet!
Posted by rogerhollander in Criminal Justice, Economic Crisis, Whistle-blowing.
Tags: afghanistan surge, chelsea manning, Criminal Justice, David Petraeus, edward snowden, eric holder, General Petraeus, iraq surge, john kiriakou, paula broadwell, ray mcgovern, subprime, whistle-blowing
Roger’s note: recently I have been posting articles about despicable human beings (Churchill, General Patton) who have become heroes in the public domain as a result of a phenomenon I refer to as “in the capitalist world for the most part the shit rises to the top.” This theory can be demonstrated in a single word: “Bush.” In our time such cretinous creatures as Henry Kissinger and Dick Cheney have wielded enormous power over long periods of time and live lives of luxurious comfort while literally millions suffer from their actions. Welcome to the Hall of Shame, General Petraeus.
by
While lesser Americans face years in jail for leaking secrets – even to inform fellow citizens of government abuses – retired Gen. David Petraeus gets a misdemeanor wrist-slap for exposing covert officers and lying about it
Former CIA Director David Petraeus lied to FBI investigators as they sought answers to his handling of classified materials and his extramarital affair with his biographer Paula Broadwell.
The leniency shown former CIA Director (and retired General) David Petraeus by the Justice Department in sparing him prison time for the serious crimes that he has committed puts him in the same preferential, immune-from-incarceration category as those running the financial institutions of Wall Street, where, incidentally, Petraeus now makes millions. By contrast, “lesser” folks – and particularly the brave men and women who disclose government crimes – get to serve time, even decades, in jail.
Petraeus is now a partner at KKR, a firm specializing in large leveraged buyouts, and his hand-slap guilty plea to a misdemeanor for mishandling government secrets should not interfere with his continued service at the firm. KKR’s founders originally worked at Bear Stearns, the institution that failed in early 2008 at the beginning of the meltdown of the investment banking industry later that year.
Despite manifestly corrupt practices like those of subprime mortgage lenders, none of those responsible went to jail after the 2008-09 financial collapse which cost millions of Americans their jobs and homes. The bailed-out banks were judged “too big to fail” and the bankers “too big to jail.”
Two years ago, in a highly revealing slip of the tongue, Attorney General Eric Holder explained to Congress that it can “become difficult” to prosecute major financial institutions because they are so large that a criminal charge could pose a threat to the economy – or perhaps what he meant was an even bigger threat to the economy.
Holder tried to walk back his unintended slip into honesty a year later, claiming, “There is no such thing as ‘too big to jail.’” And this bromide was dutifully echoed by Holder’s likely successor, Loretta Lynch, at her confirmation hearing in late January.
Words, though, are cheap. The proof is in the pudding. It remains true that not one of the crooked bankers or investment advisers who inflicted untold misery on ordinary people, gambling away much of their life savings, has been jailed. Not one.
And now Petraeus, who gave his biographer/mistress access to some of the nation’s most sensitive secrets and then lied about it to the FBI, has also been shown to be too big to jail. Perhaps Holder decided it would be a gentlemanly thing to do on his way out of office – to take this awkward issue off Lynch’s initial to-do list and spare her the embarrassment of demonstrating once again that equality under the law has become a mirage; that not only big banks, but also big shots like Petraeus – who was Official Washington’s most beloved general before becoming CIA director – are, in fact, too big to jail.
It strikes me, in a way, as fitting that even on his way out the door, Eric Holder would not miss the opportunity to demonstrate his propensity for giving hypocrisy a bad name.
A Slap on Wrist for Serious Crimes
The Justice Department let David Petraeus cop a plea after requiring him to admit that he had shared with his biographer/mistress eight black notebooks containing highly classified information and then lied about it to FBI investigators. Serious crimes? The following quotes are excerpted from “U.S. v. David Howell Petraeus: Factual Basis in support of the Plea Agreement” offered by the U.S. District Court for the Western District of North Carolina, Charlotte Division:
“17. During his tenure as Commander of ISAF in Afghanistan, defendant DAVID HOWELL PETRAEUS maintained bound, five-by-eight-inch notebooks that contained his daily schedule and classified and unclassified notes he took during official meetings, conferences, and briefings. … A total of eight such books (hereinafter the “Black Books”) encompassed the period of defendant DAVID HOWELL PETRAEUS’S ISAF [Afghanistan] command and collectively contained classified information regarding the identities of covert officers, war strategy, intelligence capabilities and mechanisms, diplomatic discussions, quotes and deliberative discussions from high-level National Security Council meetings, and defendant DAVID HOWELL PETRAEUS’s discussions with the President of the United States of America. [emphasis added]
“18. The Black Books contained national defense information, including Top Secret//SCI and code word information.”
Despite the sensitivity of the notebooks and existing law and regulations, Petraeus did not surrender them to proper custody when he returned to the U.S. after being nominated to become the Director of the CIA. According to the Court’s “Factual Basis,” Petraeus’s biographer/mistress recorded a conversation of Aug. 4, 2011, in which she asks about the “Black Books.” The Court statement continues:
“ [Petraeus] ‘Umm, well, they’re really – I mean they are highly classified, some of them. … I mean there’s code word stuff in there.’ … On or about August 27, 2011, defendant DAVID HOWELL PETRAEUS sent an email to his biographer in which he agreed to provide the Black Books to his biographer. … On or about August 28, 2011, defendant DAVID HOWEL PETRAEUS delivered the Black Books to a private residence in Washington, D.C. where his biographer was staying. … On or about September 1, 2011, defendant DAVID HOWELL PETRAEUS retrieved the Black Books from the D.C. private residence and returned them to his own Arlington, Virginia home.” [emphasis added]
I would think it a safe guess that Petraeus’s timing can be attributed to his awareness that his privacy and freedom of movement was about to be greatly diminished, once his CIA personal security detail started keeping close track of him from his first day on the job as CIA Director, Sept. 6, 2011.
“32. On or about October 26, 2012, defendant DAVID HOWELL PETRAEUS was interviewed by two FBI special agents. … [He] was advised that the special agents were conducting a criminal investigation. … PETRAEUS stated that (a) he had never provided any classified information to his biographer, and (b) he had never facilitated the provision of classified information to his biographer. These statements were false. Defendant DAVID HOWELL PETRAEUS then and there knew that he previously shared the Black Books with his biographer.” [emphasis added]
Lying to the FBI? No problem. As “Expose Facts” blogger Marcy Wheeler immediately commented: “For lying to the FBI – a crime that others go to prison for for months and years – Petraeus will just get a two point enhancement on his sentencing guidelines. The Department of Justice basically completely wiped out the crime of covering up his crime of leaking some of the country’s most sensitive secrets to his mistress.” [emphasis added]
Talk about “prosecutorial discretion” or, in this case, indiscretion – giving Petraeus a fine and probation but no felony conviction or prison time for what he did! Lesser lights are not so fortunate. Just ask Chelsea (formerly Bradley) Manning who is serving a 35-year prison sentence for disclosing information to the public about U.S. war crimes and other abuses. Or Edward Snowden, who is stuck in Russia facing a U.S. indictment on espionage charges for informing the people about pervasive and unconstitutional U.S. government surveillance of common citizens.
Or former CIA officer John Kiriakou who was sent to prison for inadvertently revealing the name of one Agency official cognizant of CIA torture. Here’s what Neil MacBride, U.S. Attorney for the Eastern District of Virginia, said then: “The government has a vital interest in protecting the identities of those involved in covert operations. Leaks of highly sensitive, closely held and classified information compromise national security and can put individual lives in danger.”
When, on Oct. 23, 2012, Kiriakou acquiesced to a plea deal requiring two-and-a-half years in federal prison, then CIA Director Petraeus sent a sanctimonious Memorandum to Agency employees applauding Kiriakou’s conviction and noting, “It marks an important victory for our agency … there are indeed consequences for those who believe they are above the laws that protect our fellow officers and enable American intelligence agencies to operate with the requisite degree of secrecy.” [emphasis added]
Consequences for Kiriakou but not, as we now know, for Petraeus.
If you feel no discomfort at this selective application of the law, you might wish to scroll or page back to the “Factual Basis” for Petraeus’s Plea Agreement and be reminded that it was just three days after his lecture to CIA employees about the sanctity of protecting the identity of covert agents that Petraeus lied to FBI investigators – on Oct. 26, 2012 – about his sharing such details with his mistress.
Why Did Petraeus Do It?
Old soldiers like Petraeus (indeed, most aging but still ambitious men) have been known to end up doing self-destructive things by letting themselves be flattered by the attentions of younger women. This may offer a partial explanation – human weakness even in a self-styled larger-than-life super-Mensch. But I see the motivation as mostly vainglory. (The two are not mutually exclusive, of course.)
Looking back at Petraeus’s record of overweening ambition, it seems likely he was motivated first and foremost by a desire to ensure that his biographer would be able to extract from the notebooks some juicy morsels he may not have remembered to tell her about. This might enhance his profile as Warrior-Scholar-“King David,” the image that he has assiduously cultivated and promoted, with the help of an adulating neocon-dominated media.
Petraeus’s presidential ambitions have been an open secret. And with his copping a plea to a misdemeanor, his “rehabilitation” seems to have already begun. He has told friends that he would like to serve again in government and they immediately relayed that bright hope to the media.
Sen. John McCain was quick to call the whole matter “closed.” A strong supporter of Petraeus, McCain added this fulsome praise: “At a time of grave security challenges around the world, I hope that General Petraeus will continue to provide his outstanding service and leadership to our nation, as he has throughout his distinguished career.”
And Michael O’Hanlon, Brookings’ neocon military specialist who rarely gets anything right, spoke true to form to the New York Times: “The broader nation needs his advice, and I think it’s been evident that people still want to hear from him. … People are forgiving and I know he made a mistake. But he’s also a national hero and a national treasure.”
The “mainstream media” is trapped in its undeserved adulation for Petraeus’s “heroism.” It is virtually impossible, for example, for them to acknowledge that his ballyhooed, official-handout-based “success” in training and equipping tens of thousands of crack Iraqi troops was given the lie when those same troops ran away (the officers took helicopters) and left their weapons behind at the first sight of ISIL fighters a year ago.
Equally sham were media claims of the “success” for the “surges” of 30,000 troops sent into Iraq (2007) and 33,000 into Afghanistan (2009). Each “surge” squandered the lives of about 1,000 U.S. troops for nothing – yes, nothing – except in the case of Iraq buying time for President George W. Bush and Vice President Dick Cheney to get out of town without a clear-cut defeat hanging around their necks.
Many of the supposed successes of Petraeus’s Iraqi “surge” also predated the “surge,” including a high-tech program for killing top militants such as Al-Qaeda-in-Iraq leader Abu Musab al-Zarqawi and the formation of the so-called Sunni Awakening, both occurring in 2006 under the previous field commanders. And, Bush’s principal goal of the “surge” – to create political space for a fuller Sunni-Shiite reconciliation – was never accomplished. [See Consortiumnews.com’s “The Surge Myth’s Deadly Result.”]
And last, it is important to note that David Petraeus does not have a corner on the above-the-law attitudes and behavior of previous directors of the CIA. The kid-gloves treatment he has been accorded, however, will increase chances that future directors will feel they can misbehave seriously and suffer no serious personal consequence.
The virtual immunity enjoyed by the well connected – even when they lie to the FBI or tell whoppers in sworn testimony to Congress (as Director of National Intelligence James Clapper has done) – feeds the propensity to prioritize one’s own personal ambition and to delegate a back seat to legitimate national security concerns – even basic things like giving required protection to properly classified information, including the identity of covert officers.
One might call this all-too-common syndrome Self-Aggrandizing Dismissiveness (SAD). Sadly, Petraeus is merely the latest exemplar of the SAD syndrome. The unbridled ambitions of some of his predecessors at CIA – the arrogant John Deutch, for example – have been equally noxious and destructive. But we’ll leave that for the next chapter.
Full Disclosure: Petraeus has not yet answered McGovern’s letter of Feb. 3 regarding why McGovern was barred from a public speaking event by Petraeus in New York City on Oct. 30, 2014, and then was roughly arrested by police and jailed for the night. McGovern wonders if Petraeus failed to respond because he was pre-occupied working out his Plea Agreement.
Ray McGovern works with Tell the Word, the publishing arm of the ecumenical Church of the Saviour in Washington, DC. During his career as a CIA analyst, he prepared and briefed the President’s Daily Brief and chaired National Intelligence Estimates. He is a member of the Steering Group of Veteran Intelligence Professionals for Sanity (VIPS).
Posted by rogerhollander in Criminal Justice, Whistle-blowing.
Tags: Criminal Justice, David Petraeus, dianne feinstein, edward snowden, espionage act, glenn greenwald, julian assange, roger hollander, whistle blower, whistle-blowing, wikileaks
Roger’s note: Just one of many examples of the double standard when it comes to American (sic) justice.
By Glenn Greenwald , The Intercept, January 11, 2014
Dianne Feinstein, Wall Street Journal, December 7, 2010 (“Prosecute Assange Under the Espionage Act”):
When WikiLeaks founder Julian Assange released his latest document trove—more than 250,000 secret State Department cables—he intentionally harmed the U.S. government. The release of these documents damages our national interests and puts innocent lives at risk. He should be vigorously prosecuted for espionage.
The law Mr. Assange continues to violate is the Espionage Act of 1917. That law makes it a felony for an unauthorized person to possess or transmit “information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation.”
The Espionage Act also makes it a felony to fail to return such materials to the U.S. government. Importantly, the courts have held that “information relating to the national defense” applies to both classified and unclassified material. Each violation is punishable by up to 10 years in prison.
The Hill, June 10, 2013 (“Feinstein Calls Snowden’s NSA Leaks an “Act of Treason”):
Sen. Dianne Feinstein (D-Calif.) on Monday said the 29-year-old man who leaked information about two national security programs is guilty of treason. . . . “I don’t look at this as being a whistleblower. I think it’s an act of treason,” the chairwoman of the Senate Intelligence Committee told reporters.
The California lawmaker went on to say that Snowden had violated his oath to defend the Constitution. “He violated the oath, he violated the law. It’s treason.”
Ars Technica, November 3, 2013 (Feinstain says “Forget About Clemency for Snowden”):
If it wasn’t already clear that the US government was unhappy with National Security Agency leaker Edward Snowden—and the feds want him extradited, President Obama denounced him—it is now. Today, the chairwoman of the Senate Intelligence Committee, Dianne Feinstein (D-CA), and her House counterpart, Mike Rogers (R-MI), both emphasized there would be no mercy coming from Washington.
“He was trusted; he stripped our system; he had an opportunity—if what he was, was a whistle-blower—to pick up the phone and call the House Intelligence Committee, the Senate Intelligence Committee, and say I have some information,” Feinstein told CBS’ Face The Nation. “But that didn’t happen. He’s done this enormous disservice to our country, and I think the answer is no clemency.”
The New York Times, 3 days ago (“FBI and Justice Dept. Said to Seek Charges for Petraeus”):
The F.B.I. and Justice Department prosecutors have recommended bringing felony charges against David H. Petraeus, contending that he provided classified information to a lover while he was director of the C.I.A., officials said, and leaving Attorney General Eric H. Holder Jr. to decide whether to seek an indictment that could send the pre-eminent military officer of his generation to prison.
The Huffington Post, yesterday (“Dianne Feinstein Urges Government Not To Seek David Petraeus Indictment”):
Sen. Dianne Feinstein (D-Calif.) urged the Department of Justice not to bring criminal charges against former CIA Director David Petraeus over his handling of classified information.
“This man has suffered enough in my view,” Feinstein said on CNN’s “State of the Union” on Sunday, explaining why she doesn’t think Attorney General Eric Holder should seek an indictment.
Petraeus “made a mistake,” added the senator, who is vice chairwoman of the Senate Intelligence Committee. “But … it’s done, it’s over. He’s retired. He’s lost his job. How much does the government want?”
David Petraeus, the person who Feinstein said has “suffered enough,” was hired last year by the $73 billion investment fund KKR to be Chairman of its newly created KKR Global Institute, on top of the $220,000/year pension he receives from the U.S. Army and the teaching position he holds at Harvard’s John F. Kennedy School of Government. Let us all pause for a moment to lament the deep suffering of this man, and the grave injustice of inflicting any further deprivation upon him.
In 2011, I wrote a book, With Liberty and Justice for Some, that examined the two-tiered justice system prevailing in the U.S.: how the U.S. imprisons more of its citizens than any other country in the world (both in absolute numbers and proportionally) often for trivial transgressions, while immunizing its political and economic elites for even the most egregious crimes. Matt Taibbi’s book, The Divide, examines the same dynamic with a focus on the protection of economic elites and legal repression of ordinary citizens in the wake of the 2008 financial crisis.
This latest example from Feinstein is one of the most vivid yet. She wanted Julian Assange – who isn’t even a U.S. citizen and never served in the U.S. Government – prosecuted for espionage for exposing war crimes, and demanded that Edward Snowden be charged with “treason” for exposing illegal eavesdropping which shocked the world. But a four-star general who leaked classified information not for any noble purpose but to his mistress for personal reasons should be protected from any legal consequences.
Long-standing mavens of DC political power literally believe that they and their class-comrades are too noble, important and elevated to be subjected to the rule of law to which they subject everyone else. They barely even disguise it any more. It’s the dynamic by which the Obama administration prosecuted leakers with unprecedented aggression who disclose information that embarrasses them politically while ignoring or even sanctioning the leaks of classified information which politically glorify them.
It is, of course, inconceivable that someone like Dianne Feinstein would urge the release of ordinary convicts from prison on the ground that their actions are “in the past” or that they have “suffered enough.” This generous mentality of mercy, forgiveness and understanding – like Obama’s decree that we Look Forward, Not Backward to justify immunity for American torturers – is reserved only for political officials, Generals, telecoms, banks and oligarchs who reside above and beyond the rule of law.
Photo by Mark Wilson/Getty Images
Posted by rogerhollander in Israel, Gaza & Middle East, War.
Tags: big lie, chris hedges, Edward Bernays, edward snowden, gaza, hamas, hannah arendt, intercept, israel, israeli massacre, jon queally, kafka, netanyahu, nsa, orwellian, palestinian, roger hollander
Roger’s note: Two more articles outlining the dynamics behind the Israeli government’s barbaric assault against the ghetto it has created in Gaza. The notion that Israel’s actions are justified as self-defence is exposed as at best Orwellian.
Israel’s Prime Minister Benjamin Netanyahu appearing on CBS’ Face The Nation last month. (Image: Screenshot)
All governments lie, as I.F. Stone pointed out, including Israel and Hamas. But Israel engages in the kinds of jaw-dropping lies that characterize despotic and totalitarian regimes. It does not deform the truth; it inverts it. It routinely paints a picture for the outside world that is diametrically opposed to reality. And all of us reporters who have covered the occupied territories have run into Israel’s Alice-in-Wonderland narratives, which we dutifully insert into our stories—required under the rules of American journalism—although we know they are untrue.
I saw small boys baited and killed by Israeli soldiers in the Gaza refugee camp of Khan Younis. The soldiers swore at the boys in Arabic over the loudspeakers of their armored jeep. The boys, about 10 years old, then threw stones at an Israeli vehicle and the soldiers opened fire, killing some, wounding others. I was present more than once as Israeli troops drew out and shot Palestinian children in this way. Such incidents, in the Israeli lexicon, become children caught in crossfire. I was in Gaza when F-16 attack jets dropped 1,000-pound iron fragmentation bombs on overcrowded hovels in Gaza City. I saw the corpses of the victims, including children. This became a surgical strike on a bomb-making factory. I have watched Israel demolish homes and entire apartment blocks to create wide buffer zones between the Palestinians and the Israeli troops that ring Gaza. I have interviewed the destitute and homeless families, some camped out in crude shelters erected in the rubble. The destruction becomes the demolition of the homes of terrorists. I have stood in the remains of schools—Israel struck two United Nations schools in the last six days, causing at least 10 fatalities at one in Rafah on Sunday and at least 19 at one in the Jebaliya refugee camp Wednesday—as well as medical clinics and mosques. I have heard Israel claim that errant rockets or mortar fire from the Palestinians caused these and other deaths, or that the attacked spots were being used as arms depots or launching sites. I, along with every other reporter I know who has worked in Gaza, have never seen any evidence that Hamas uses civilians as “human shields.”
There is a perverted logic to Israel’s repeated use of the Big Lie—Große Lüge—the lie favored by tyrants from Adolf Hitler and Josef Stalin to Saddam Hussein. The Big Lie feeds the two reactions Israel seeks to elicit—racism among its supporters and terror among its victims.
By painting a picture of an army that never attacks civilians, that indeed goes out of its way to protect them, the Big Lie says Israelis are civilized and humane, and their Palestinian opponents are inhuman monsters. The Big Lie serves the idea that the slaughter in Gaza is a clash of civilizations, a war between democracy, decency and honor on one side and Islamic barbarism on the other. And in the uncommon cases when news of atrocities penetrates to the wider public, Israel blames the destruction and casualties on Hamas.
George Orwell in his novel “Nineteen Eighty-Four” called this form of propaganda doublethink. Doublethink uses “logic against logic” and “repudiate[s] morality while laying claim to it.” The Big Lie does not allow for the nuances and contradictions that can plague conscience. It is a state-orchestrated response to the dilemma of cognitive dissonance. The Big Lie permits no gray zones. The world is black and white, good and evil, righteous and unrighteous. The Big Lie allows believers to take comfort—a comfort they are desperately seeking—in their own moral superiority at the very moment they have abrogated all morality.
The Big Lie, as the father of American public relations, Edward Bernays, wrote, is limited only by the propagandist’s capacity to fathom and harness the undercurrents of individual and mass psychology. And since most supporters of Israel do not have a desire to know the truth, a truth that would force them to examine their own racism and self-delusions about Zionist and Western moral superiority, like packs of famished dogs they lap up the lies fed to them by the Israeli government. The Big Lie always finds fertile soil in what Bernays called the “logic-proof compartment of dogmatic adherence.” All effective propaganda, Bernays wrote, targets and builds upon these irrational “psychological habits.”
This is the world Franz Kafka envisioned, a world where the irrational becomes rational. It is one where, as Gustave Le Bon noted in “The Crowd: A Study of the Public Mind,” those who supply the masses with the illusions they crave become their master, and “whoever attempts to destroy their illusions is always their victim.” This irrationality explains why the reaction of Israeli supporters to those who have the courage to speak the truth—Uri Avnery, Max Blumenthal, Noam Chomsky, Jonathan Cook, Norman Finkelstein, Amira Hass, Gideon Levy, Ilan Pappé, Henry Siegman and Philip Weiss—is so rabid. That so many of these voices are Jewish, and therefore have more credibility than non-Jews who are among Israel’s cheerleaders, only ratchets up the level of hate.
But the Big Lie is also consciously designed to send a chilling message to Gaza’s Palestinians, who have lost large numbers of their dwellings, clinics, mosques, and power, water and sewage facilities, along with schools and hospitals, who have suffered some 1,650 deaths since this assault began—most of the victims women and children—and who have seen 400,000 people displaced from their homes. The Big Lie makes it clear to the Palestinians that Israel will continue to wage a campaign of state terror and will never admit its atrocities or its intentions. The vast disparity between what Israel says and what Israel does tells the Palestinians that there is no hope. Israel will do and say whatever it wants. International law, like the truth, will always be irrelevant. There will never, the Palestinians understand from the Big Lie, be an acknowledgement of reality by the Israeli leadership.
The Israel Defense Forces website is replete with this black propaganda. “Hamas exploits the IDF’s sensitivity towards protecting civilian structures, particularly holy sites, by hiding command centers, weapons caches and tunnel entrances in mosques,” the IDF site reads. “In Hamas’ world, hospitals are command centers, ambulances are transport vehicles, and medics are human shields,” the site insists.
“… [Israeli] officers are tasked with an enormous responsibility: to protect Palestinian civilians on the ground, no matter how difficult that may be,” the site assures its viewers. And the IDF site provides this quote from a drone operator identified as Lt. Or. “I have personally seen rockets fired at Israel from hospitals and schools, but we couldn’t strike back because of civilians nearby. In one instance, we acquired a target but we saw that there were children in the area. We waited around, and when they didn’t leave we were forced to abort a strike on an important target.”
Israel’s ambassador to the United States, Ron Dermer, in a Big Lie of his own, said last month at a conference of Christians United for Israel that the Israeli army should be given the “Nobel Peace Prize … a Nobel Peace Prize for fighting with unimaginable restraint.”
The Big Lie destroys any possibility of history and therefore any hope for a dialogue between antagonistic parties that can be grounded in truth and reality. While, as Hannah Arendt pointed out, the ancient and modern sophists sought to win an argument at the expense of the truth, those who wield the Big Lie “want a more lasting victory at the expense of reality.” The old sophists, she said, “destroyed the dignity of human thought.” Those who resort to the Big Lie “destroy the dignity of human action.” The result, Arendt warned, is that “history itself is destroyed, and its comprehensibility.” And when facts no longer matter, when there is no shared history grounded in the truth, when people foolishly believe their own lies, there can be no useful exchange of information. The Big Lie, used like a bludgeon by Israel, as perhaps it is designed to be, ultimately reduces all problems in the world to the brutish language of violence. And when oppressed people are addressed only through violence they will answer only through violence.
Chris Hedges writes a regular column for Truthdig.com. Hedges graduated from Harvard Divinity School and was for nearly two decades a foreign correspondent for The New York Times. He is the author of many books, including: War Is A Force That Gives Us Meaning,What Every Person Should Know About War, and American Fascists: The Christian Right and the War on America. His most recent book is Empire of Illusion: The End of Literacy and the Triumph of Spectacle.
Greenwald: NSA Docs Show ‘Israeli Action in Gaza has US Fingerprints All Over It’
New documents leaked by Edward Snowden show how intelligence cooperation enables repeated Israeli aggression against Palestinians
Palestinian families seek shelter at an UNRWA school after evacuating their homes north of the Gaza Strip. (Photo: UNRWA)A new analysis of the intelligence and military relationship between the U.S. and Israeli governments—bolstered by new top secret NSA documents leaked by Edward Snowden—exposes the deep complicity of American foreign policy when it comes to enabling Israel’s continued occupation of the Palestinian territories and its ongoing aggressive military assault on the Gaza Strip.
Reported by The Intercept‘s Glenn Greenwald on Monday, the new NSA documents show how the U.S. spy agency “has significantly increased the surveillance assistance it provides to its Israeli counterpart, the Israeli SIGINT National Unit (ISNU; also known as Unit 8200), including data used to monitor and target Palestinians.”
According to Greenwald, the “new Snowden documents illustrate a crucial fact: Israeli aggression would be impossible without the constant, lavish support and protection of the U.S. government, which is anything but a neutral, peace-brokering party in these attacks. And the relationship between the NSA and its partners on the one hand, and the Israeli spying agency on the other, is at the center of that enabling.”
One newly published document discusses how U.S. intelligence agents work together with their Israeli counterparts to gain access to “geographic targets [that] include the countries of North Africa, the Middle East, the Persian Gulf, South Asia, and the Islamic republics of the former Soviet Union.” The document also details how the relationship includes “a dedicated communications line between NSA and ISNU [that] supports the exchange of raw material, as well as daily analytic and technical correspondence.”
On Sunday—for the third time since Israel’s attack on Gaza began nearly a month ago—a civilian shelter administered by the United Nations was bombed by Israeli forces in the Gaza Strip, killing at least ten people and wounding dozens of others. UN Secretary-General condemned the attack as a “moral outrage and a criminal act” and again demanded an end to what he called “madness” in Gaza. Israel has repeatedly defended its actions in Gaza amid global condemnation and the U.S. has repeatedly stressed that Israel has the “right to defend itself” and was the only country to vote against a measure by the UN Human Rights Council recently calling for a formal investigation of “war crimes” over the repeated attacks on Gaza civilians at hospitals, UN shelters, and highly-populated residential areas.
Greenwald argues the evidence contained in the newly disclosed NSA documents support the analysis that he and other critics of U.S. policy vis-á-vis Israel have repeatedly stressed:
The new documents underscore the indispensable, direct involvement of the U.S. government and its key allies in Israeli aggression against its neighbors. That covert support is squarely at odds with the posture of helpless detachment typically adopted by Obama officials and their supporters.
President Obama, in his press conference on Friday, said ”it is heartbreaking to see what’s happening there,” referring to the weeks of civilian deaths in Gaza – “as if he’s just a bystander, watching it all unfold,” observed Brooklyn College Professor Corey Robin. Robin added: ”Obama talks about Gaza as if it were a natural disaster, an uncontrollable biological event.”
Each time Israel attacks Gaza and massacres its trapped civilian population – atthe end of 2008, in the fall of 2012, and now again this past month – the same process repeats itself in both U.S. media and government circles: the U.S. government feeds Israel the weapons it uses and steadfastly defends its aggression both publicly and at the U.N.; the U.S. Congress unanimously enactsone resolution after the next to support and enable Israel; and then American media figures pretend that the Israeli attack has nothing to do with their country, that it’s just some sort of unfortunately intractable, distant conflict between two equally intransigent foreign parties in response to which all decent Americans helplessly throw up their hands as though they bear no responsibility.
The NSA documents reveal the exchange of cash payments between the U.S. government and ISNU as well as intelligence agreements with other regional intelligence forces, including the Palestinian Authority’s Security Forces and Jordanian authorities.
On Monday, the Ma’an News Agency reports:
According to the Ministry of Health, the Israeli offensive on Gaza has left over 1,822 Palestinians dead, including 398 children. Some 9,370 Palestinians have been injured, 2,744 of them children.
Approximately 373,000 children are in need of psychological support as a result of the trauma of the war, according to UN figures.
Over a quarter of Palestinians in Gaza have been forced to leave their homes throughout the assault.
Israeli indicated it would honor a seven-hour “humanitarian” cease fire on Monday, but the most recent reports indicate that shelling and fighting continued in Gaza and new casualties, including the death of an eight-year-old girl in Gaza City, continue.
Read the full article about the new Snowden doc on The Intercept.
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Posted by rogerhollander in Civil Liberties, Media, Whistle-blowing.
Tags: barton gellman, edward snowden, ewen macaskill, glenn greenwald, guardian, journalism, laura poitras, lauren mccauley, Media, nsa, nsa leaks, prism, public service, pulitzer, roger hollander, washington post, whistle-blowing
Roger’s note: I don’t know why, but somehow I don’t expect that this vindication of Edward Snowden’s bravery will not get much play in the mainstream media, so I am posting it here. As some of the comments on the Common Dreams web site have pointed out, there has been no or little mention of those who made great sacrifices and paid a price for speaking out, such as Chelsea Manning (it is reported today that the General in charge of her kangaroo court martial has affirmed her 35 year sentence) and Julian Assange (held prisoner indefinitely in London’s Ecuadorian Embassy). These should not be forgotten.
Ewen MacAskill, Glenn Greenwald and Laura Poitras in Hong Kong to meet NSA whistleblower Edward Snowden on June 10, 2013. (Photo by Laura Poitras)
The Washington Post and the Guardian/US were both awarded one of journalism’s top honors on Monday—the Pulitzer Prize for Public Service— for their separate but related reporting on the NSA’s widespread surveillance documents leaked by NSA whistleblower Edward Snowden.
Journalists Glenn Greenwald, Laura Poitras and Ewen MacAskill from the Guardian and the Washington Post’s Barton Gellman sent shock waves across the globe for their reporting on the leaks—eliciting responses from citizens and governments alike and spurring a new era of backlash against government intrusion.
Following news of the honor, Snowden released a statement thanking the Pulitzer committee for recognizing those involved in the NSA reporting. He wrote:
Today’s decision is a vindication for everyone who believes that the public has a role in government. We owe it to the efforts of the brave reporters and their colleagues who kept working in the face of extraordinary intimidation, including the forced destruction of journalistic materials, the inappropriate use of terrorism laws, and so many other means of pressure to get them to stop what the world now recognizes was work of vital public importance.
This decision reminds us that what no individual conscience can change, a free press can. My efforts would have been meaningless without the dedication, passion, and skill of these newspapers, and they have my gratitude and respect for their extraordinary service to our society. Their work has given us a better future and a more accountable democracy.
The Pulitzer committee awarded the prize to the publications for their “revelation[s] of widespread secret surveillance by the National Security Agency,” specifying that the Guardian, “through aggressive reporting,” helped “to spark a debate about the relationship between the government and the public over issues of security and privacy.” They credited the Post for their “authoritative and insightful reports that helped the public understand how the disclosures fit into the larger framework of national security.”
The Guardian team broke the first report on the NSA’s collection of Verizon phone records and Gellman, with help from Poitras, reported on the wide-ranging surveillance program known as “PRISM.” In addition to Greenwald, Poitras, MacAskill and Gellman—who are primarily credited for the NSA revelations—a number of other reporters working at the publications also contributed to the reporting that followed.
Following the announcement, many hailed the selection as a vindication of the actions of both the journalists and the whistleblower, a number of whom have been threatened for their work and are forced to remain in exile for fear of persecution by the U.S. government.
“The stories that came out of this completely changed the agenda on the discussion on privacy and the NSA,” David Remnick, editor of The New Yorker, said prior to the announcement. “There’s an enormous public good in that, and it’s yet to be proven at all that somehow did great damage to national security.”
“I can’t imagine a more appropriate choice for a Pulitzer Prize,” New York University media studies professor Mark Miller told AFP. Miller said that the winning team of reporters did what “American journalists are supposed to do, which is serve the public interest by shedding a bright light on egregious abuse of power by the government.”
“The real journalistic heroes in this country tend to be the mavericks, the eccentrics, those who dare to report stories that are often dismissed derisively as ‘conspiracy theory,'” Miller continued.
On Friday, Poitras and Greenwald returned to the U.S. for the first time since breaking the NSA stories to accept the prestigious George Polk Award for national security reporting.
During his acceptance speech for the George Polk award, Greenwald discussed the intimidation that both whistleblowers and journalists face.
“The only way to deal with threats,” he said, “is to just do the reporting as aggressively, if not more so, than you would absent those threats.”
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Posted by rogerhollander in Foreign Policy, Surveillance State.
Tags: allan dulles, bay of pigs, cia, edward snowden, fidel castro, harry truman, james clapper, james douglass, jfk, jfk and the unspeakable, john brennan, keith alexander, kennedy assassination, nsa, ray mcgovern, roger hollander, sidney souers, warren commission
Roger’s note: there was much to like about Truman, especially his standing up to the immensely popular war hero MacArthur, who wanted to start WWIII in Korea. But Truman’s use of the atomic bomb against the already defeated Japanese Empire at Hiroshima and Nagasaki more than negates the better part of his legacy. Nevertheless, on his warning here about the CIA he was right on. This article tells us who really runs the American Empire (hint: not you and me, or even the robot Obama) and suggests the reason for the assassination of JFK.
Fifty years ago, exactly one month after John Kennedy was killed, the Washington Post published an op-ed titled “Limit CIA Role to Intelligence.” The first sentence of that op-ed on Dec. 22, 1963, read, “I think it has become necessary to take another look at the purpose and operations of our Central Intelligence Agency.”
President Harry S. Truman.
It sounded like the intro to a bleat from some liberal professor or journalist. Not so. The writer was former President Harry S. Truman, who spearheaded the establishment of the CIA 66 years ago, right after World War II, to better coordinate U.S. intelligence gathering. But the spy agency had lurched off in what Truman thought were troubling directions.
Sadly, those concerns that Truman expressed in that op-ed — that he had inadvertently helped create a Frankenstein monster — are as valid today as they were 50 years ago, if not more so.
Truman began his article by underscoring “the original reason why I thought it necessary to organize this Agency … and what I expected it to do.” It would be “charged with the collection of all intelligence reports from every available source, and to have those reports reach me as President without Department ‘treatment’ or interpretations.”
Truman then moved quickly to one of the main things bothering him. He wrote “the most important thing was to guard against the chance of intelligence being used to influence or to lead the President into unwise decisions.”
It was not difficult to see this as a reference to how one of the agency’s early directors, Allen Dulles, tried to trick President Kennedy into sending U.S. forces to rescue the group of invaders who had landed on the beach at the Bay of Pigs, Cuba, in April 1961 with no chance of success, absent the speedy commitment of U.S. air and ground support.
Wallowing in the Bay of Pigs
Arch-Establishment figure Allen Dulles had been offended when young President Kennedy had the temerity to ask questions about CIA plans before the Bay of Pigs debacle, which had been set in motion under President Dwight Eisenhower. When Kennedy made it clear he would NOT approve the use of U.S. combat forces, Dulles set out, with supreme confidence, to mousetrap the President.
Coffee-stained notes handwritten by Allen Dulles were discovered after his death and reported by historian Lucien S. Vandenbroucke. They show how Dulles drew Kennedy into a plan that was virtually certain to require the use of U.S. combat forces. In his notes, Dulles explained that, “when the chips were down,” Kennedy would be forced by “the realities of the situation” to give whatever military support was necessary “rather than permit the enterprise to fail.”
The “enterprise” which Dulles said could not fail was, of course, the overthrow of Fidel Castro. After mounting several failed operations to assassinate him, this time Dulles meant to get his man, with little or no attention to how the Russians might react. The reckless Joint Chiefs of Staff, whom then-Deputy Secretary of State George Ball later described as a “sewer of deceit,” relished any chance to confront the Soviet Union and give it, at least, a black eye.
But Kennedy stuck to his guns, so to speak. He fired Dulles and his co-conspirators a few months after the abortive invasion, and told a friend that he wanted to “splinter the CIA into a thousand pieces and scatter it into the winds.” The outrage was very obviously mutual.
When Kennedy himself was assassinated on Nov. 22, 1963, it must have occurred to Truman – as it did to many others – that the disgraced Dulles and his unrepentant associates might not be above conspiring to get rid of a president they felt was soft on Communism and get even for their Bay of Pigs fiasco.
‘Cloak and Dagger’
While Truman saw CIA’s attempted mousetrapping of President Kennedy as a particular outrage, his more general complaint is seen in his broader lament that the CIA had become “so removed from its intended role … I never had any thought that when I set up the CIA that it would be injected into peacetime cloak and dagger operations. … It has become an operational and at times a policy-making arm of the government.” Not only shaping policy through its control of intelligence, but also “cloak and dagger” operations, presumably including assassinations.
Truman concluded the op-ed with an admonition that was as clear as the syntax was clumsy: “I would like to see the CIA restored to its original assignment as the intelligence arm of the President, and that whatever else it can properly perform in that special field – and that its operational duties be terminated or properly used elsewhere.” The importance and prescient nature of that admonition are even clearer today, a half-century later.
But Truman’s warning fell mostly on deaf ears, at least within Establishment circles. The Washington Post published the op-ed in its early edition on Dec. 22, 1963, but immediately excised it from later editions. Other media ignored it. The long hand of the CIA?
In Truman’s view, misuse of the CIA began in February 1953, when his successor, Dwight Eisenhower, named Allen Dulles as CIA director. Dulles’s forte was overthrowing governments (in current parlance, “regime change”), and he was quite good at it. With coups in Iran (1953) and Guatemala (1954) under his belt, Dulles was riding high by the late Fifties and moved Cuba to the top of his to-do list.
The Truman Papers
Documents in the Truman Library show that nine days after Kennedy was assassinated, Truman sketched out in handwritten notes what he wanted to say in the op-ed. He noted, among other things, that the CIA had worked as he intended only “when I had control.”
Five days after the op-ed appeared, retired Admiral Sidney Souers, whom Truman had appointed to lead his first central intelligence group, sent a “Dear Boss” letter applauding Truman’s outspokenness and blaming Dulles for making the CIA “a different animal than the one I tried to set up for you.”
Souers specifically lambasted the attempt “to conduct a ‘war’ invading Cuba with a handful of men and without air cover.” He also lamented the fact that the agency’s “principal effort” had evolved into causing “revolutions in smaller countries around the globe,” and added: “With so much emphasis on operations, it would not surprise me to find that the matter of collecting and processing intelligence has suffered some.” (Again, as true today as it was 50 years ago.)
Clearly, the operational tail of the CIA was wagging its substantive dog — a serious problem that persists to this day.
Fox Guarding Hen House
After Kennedy was murdered in Dallas, the patrician, well-connected Dulles got himself appointed to the Warren Commission and took the lead in shaping the investigation of JFK’s assassination. Documents in the Truman Library show that Dulles also mounted a small domestic covert action of his own to neutralize any future airing of Truman’s and Souers’s warnings about covert action.
So important was this to Dulles that he invented a pretext to get himself invited to visit Truman in Independence, Missouri. On the afternoon of April 17, 1964, Dulles spent a half-hour one-on-one with the former president, trying to get him to retract what he had written in his op-ed. Hell No, said Harry.
Not a problem, Dulles decided. Four days later, in a formal memorandum of conversation for his old buddy Lawrence Houston, CIA general counsel from 1947 to 1973, Dulles fabricated a private retraction for Truman, claiming that Truman told him the Washington Post article was “all wrong,” and that Truman “seemed quite astounded at it.”
A fabricated retraction? It certainly seems so, because Truman did not change his tune. Far from it. In a June 10, 1964, letter to the managing editor of Look magazine, for example, Truman restated his critique of covert action, emphasizing that he never intended the CIA to get involved in “strange activities.”
Dulles and Dallas
Dulles could hardly have expected to get Truman to recant publicly. So why was it so important for Dulles to place in CIA files a fabricated retraction? I believe the answer lies in the fact that in early 1964 Dulles was feeling a lot of heat from many who were suggesting the CIA might have been involved somehow in the Kennedy assassination. Columnists were asking how the truth could ever be reached, with Allen Dulles as de facto head of the Warren Commission.
Dulles had good reason to fear that Truman’s limited-edition Washington Post op-ed of Dec. 22, 1963, might garner unwanted attention and raise troublesome questions about covert action, including assassination. He would have wanted to be in position to dig out of Larry Houston’s files the Truman “retraction,” in the hope that this would nip any serious questioning in the bud.
As the de facto head of the Warren Commission, Dulles was perfectly positioned to protect himself and his associates, were any commissioners or investigators — or journalists — tempted to question whether Dulles and the CIA played a role in killing Kennedy.
And so, the question: Did Allen Dulles and other “cloak-and-dagger” CIA operatives have a hand in John Kennedy’s assassination and in then covering it up? In my view, the best dissection of the evidence pertaining to the murder appeared in James Douglass’s 2008 book, JFK and the Unspeakable. After updating and arraying the abundant evidence, and conducting still more interviews, Douglass concludes that the answer is Yes.
Obama Intimidated?
The mainstream media had an allergic reaction to Douglass’s book and gave it almost no reviews. It is, nevertheless, still selling well. And, more important, it seems a safe bet that President Barack Obama knows what it says and maybe has even read it. This may go some way toward explaining why Obama has been so deferential to the CIA, NSA, FBI and the Pentagon.
Could this be at least part of the reason he felt he had to leave the Cheney/Bush-anointed torturers, kidnappers and black-prison wardens in place, instructing his first CIA chief Leon Panetta to become, in effect, the agency’s lawyer rather than leader.
Is this why the President feels he cannot fire his clumsily devious Director of National Intelligence James Clapper, who had to apologize to Congress for giving “clearly erroneous” testimony in March? Is this why he allows National Security Agency Director Keith Alexander and counterparts in the FBI to continue to mislead the American people, even though the intermittent snow showers from Snowden show our senior national security officials to have lied — and to have been out of control?
This may be small solace to President Obama, but there is no sign that the NSA documents that Snowden’s has released include the Senate Intelligence Committee’s 6,300-page report on CIA torture. Rather, that report, at least, seems sure to be under Obama’s and Senate Intelligence Committee chair Dianne Feinstein’s tight control.
But the timorous President has a big problem. He is acutely aware that, if released, the Senate committee report would create a firestorm – almost certainly implicating Obama’s CIA Director John Brennan and many other heavy-hitters of whom he appears to be afraid. And so Obama has allowed Brennan to play bureaucratic games, delaying release of the report for more than a year, even though its conclusions are said to closely resemble earlier findings of the CIA’s own Inspector General and the Constitution Project (see below).
Testimony of Ex-CIA General Counsel
Hat tip to the New Yorker’s Jane Mayer, who took the trouble to read the play-by-play of testimony to the Senate Intelligence Committee by former CIA General Counsel (2009-2013) Stephen W. Preston, nominated (and now confirmed) to be general counsel at the Department of Defense.
Under questioning by Sen. Mark Udall, D-Colorado, Preston admitted outright that, contrary to the CIA’s insistence that it did not actively impede congressional oversight of its detention and interrogation program, “briefings to the committee included inaccurate information related to aspects of the program of express interest to Members.”
That “inaccurate information” apparently is thoroughly documented in the Senate Intelligence Committee report which, largely because of the CIA’s imaginative foot-dragging, cost taxpayers $40 million. Udall has revealed that the report (which includes 35,000 footnotes) contains a very long section titled “C.I.A. Representations on the C.I.A. Interrogation Program and the Effectiveness of the C.I.A.’s Enhanced Interrogation Techniques to Congress.”
Preston also acknowledged that the CIA inadequately informed the Justice Department on interrogation and detention. He said, “CIA’s efforts fell well short of our current practices when it comes to providing information relevant to [the Office of Legal Counsel]’s legal analysis.”
As Katherine Hawkins, the senior investigator for last April’s bipartisan, independent report by the Constitution Project’s Task Force on Detainee Treatment, noted in an Oct. 18, 2013 posting, the memos from acting OLC chief, Steven Bradbury, relied very heavily on now-discredited CIA claims that “enhanced interrogation” saved lives, and that the sessions were carefully monitored by medical and psychological personnel to ensure that detainees’ suffering would not rise to the level of torture.
According to Hawkins, Udall complained – and Preston admitted – that, in providing the materials requested by the committee, “the CIA removed several thousand CIA documents that the agency thought could be subjected to executive privilege claims by the President, without any decision by Obama to invoke the privilege.”
Worse still for the CIA, the Senate Intelligence Committee report apparently destroys the agency’s argument justifying torture on the grounds that there was no other way to acquire the needed information save through brutalization. In his answers to Udall, Preston concedes that, contrary to what the agency has argued, it can and has been established that legal methods of interrogation would have yielded the same intelligence.
Is anyone still wondering why our timid President is likely to sit on the Senate Intelligence Committee report for as long as he can? Or why he will let John Brennan redact it to a fare-thee-well, if he is eventually forced to release some of it by pressure from folks who care about things like torture?
It does appear that the newly taciturn CIA Director Brennan has inordinate influence over the President in such matters – not unlike the influence that both DNI Clapper and NSA Director Alexander seem able to exert. In this respect, Brennan joins the dubious company of the majority of his predecessor CIA directors, as they made abundantly clear when they went to inordinate lengths to prevent their torturer colleagues from being held accountable.
A version of this article also appeared at Consortium News.
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Ray McGovern works with Tell the Word, the publishing arm of the ecumenical Church of the Saviour in Washington, DC. During his career as a CIA analyst, he prepared and briefed the President’s Daily Brief and chaired National Intelligence Estimates. He is a member of the Steering Group of Veteran Intelligence Professionals for Sanity (VIPS).
Posted by rogerhollander in Democracy, Occupy Wall Street Movement, Whistle-blowing.
Tags: #occupy movement, anarchism, anonymous, barret brown, black bloc, chelsea manning, chris hedges, corporate state, edward snowden, espionage act, first amendment, glenn greenwald, jacob applebaum, jeremy hammond, julian assange, laura poitras, ndaa, obama administration, political prisoner, press freedom, revolution, roger hollander, sarah harrison, surveillance state, whistle blower, whistleblowers, wikileaks
Roger’s note: as with many of the articles I read on the Internet, readers’ comments are often a valuable source of opinion and ideas. For the comments on this article, you can go to the source at:http://www.commondreams.org/view/2013/11/11-0.
NEW YORK—Jeremy Hammond sat in New York’s Metropolitan Correctional Center last week in a small room reserved for visits from attorneys. He was wearing an oversized prison jumpsuit. The brown hair of the lanky 6-footer fell over his ears, and he had a wispy beard. He spoke with the intensity and clarity one would expect from one of the nation’s most important political prisoners.
Jeremy Hammond is shown in this March 5, 2012 booking photo from the Cook County Sheriff’s Department in Chicago. (Photo: AP Photo/Cook County Sheriff’s Department))
On Friday the 28-year-old activist will appear for sentencing in the Southern District Court of New York in Manhattan. After having made a plea agreement, he faces the possibility of a 10-year sentence for hacking into the Texas-based private security firm Strategic Forecasting Inc., or Stratfor, which does work for the Homeland Security Department, the Marine Corps, the Defense Intelligence Agency and numerous corporations including Dow Chemical and Raytheon.
Four others involved in the hacking have been convicted in Britain, and they were sentenced to less time combined—the longest sentence was 32 months—than the potential 120-month sentence that lies before Hammond.
Hammond turned the pilfered information over to the website WikiLeaks and Rolling Stone and other publications. The 3 million email exchanges, once made public, exposed the private security firm’s infiltration, monitoring and surveillance of protesters and dissidents, especially in the Occupy movement, on behalf of corporations and the national security state. And, perhaps most important, the information provided chilling evidence that anti-terrorism laws are being routinely used by the federal government to criminalize nonviolent, democratic dissent and falsely link dissidents to international terrorist organizations. Hammond sought no financial gain. He got none.
The email exchanges Hammond made public were entered as evidence in my lawsuit against President Barack Obama over Section 1021 of the National Defense Authorization Act (NDAA). Section 1021 permits the military to seize citizens who are deemed by the state to be terrorists, strip them of due process and hold them indefinitely in military facilities. Alexa O’Brien, a content strategist and journalist who co-founded US Day of Rage, an organization created to reform the election process, was one of my co-plaintiffs. Stratfor officials attempted, we know because of the Hammond leaks, to falsely link her and her organization to Islamic radicals and websites as well as to jihadist ideology, putting her at risk of detention under the new law. Judge Katherine B. Forrest ruled, in part because of the leak, that we plaintiffs had a credible fear, and she nullified the law, a decision that an appellate court overturned when the Obama administration appealed it.
Freedom of the press and legal protection for those who expose government abuses and lies have been obliterated by the corporate state. The resulting self-exile of investigative journalists such as Glenn Greenwald, Jacob Appelbaum and Laura Poitras, along with the indictment of Barret Brown, illustrate this. All acts of resistance—including nonviolent protest—have been conflated by the corporate state with terrorism. The mainstream, commercial press has been emasculated through the Obama administration’s repeated use of the Espionage Act to charge and sentence traditional whistle-blowers. Governmental officials with a conscience are too frightened to reach out to mainstream reporters, knowing that the authorities’ wholesale capturing and storing of electronic forms of communication make them easily identifiable. Elected officials and the courts no longer impose restraint or practice oversight. The last line of defense lies with those such as Hammond, Julian Assange, Edward Snowden and Chelsea Manning who are capable of burrowing into the records of the security and surveillance state and have the courage to pass them on to the public. But the price of resistance is high.
“In these times of secrecy and abuse of power there is only one solution—transparency,” wrote Sarah Harrison, the British journalist who accompanied Snowden to Russia and who also has gone into exile, in Berlin. “If our governments are so compromised that they will not tell us the truth, then we must step forward to grasp it. Provided with the unequivocal proof of primary source documents people can fight back. If our governments will not give this information to us, then we must take it for ourselves.”
“When whistleblowers come forward we need to fight for them, so others will be encouraged,” she went on. “When they are gagged, we must be their voice. When they are hunted, we must be their shield. When they are locked away, we must free them. Giving us the truth is not a crime. This is our data, our information, our history. We must fight to own it. Courage is contagious.”
Hammond knows this contagion. He was living at home in Chicago in 2010 under a 7-a.m.-to-7-p.m. curfew for a variety of acts of civil disobedience when Chelsea (formerly Bradley) Manning was arrested for giving WikiLeaks secret information about military war crimes and government lies. Hammond at the time was running social aid programs to feed the hungry and send books to prisoners. He had, like Manning, displayed a remarkable aptitude for science, math and computer languages at a young age. He hacked into the computers at a local Apple store at 16. He hacked into the computer science department’s website at the University of Illinois-Chicago as a freshman, a prank that saw the university refuse to allow him to return for his sophomore year. He was an early backer of “cyber-liberation” and in 2004 started an “electronic-disobedience journal” he named Hack This Zine. He called on hackers in a speech at the 2004 DefCon convention in Las Vegas to use their skills to disrupt that year’s Republican National Convention. He was, by the time of his 2012 arrest, one of the shadowy stars of the hacktivist underground, dominated by groups such as Anonymous and WikiLeaks in which anonymity, stringent security and frequent changes of aliases alone ensured success and survival. Manning’s courage prompted Hammond to his own act of cyber civil disobedience, although he knew his chances of being caught were high.
“I saw what Chelsea Manning did,” Hammond said when we spoke last Wednesday, seated at a metal table. “Through her hacking she became a contender, a world changer. She took tremendous risks to show the ugly truth about war. I asked myself, if she could make that risk shouldn’t I make that risk? Wasn’t it wrong to sit comfortably by, working on the websites of Food Not Bombs, while I had the skills to do something similar? I too could make a difference. It was her courage that prompted me to act.”
Hammond—who has black-inked tattoos on each forearm, one the open-source movement’s symbol known as the “glider” and the other the shi hexagram from the I Ching—is steeped in radical thought. As a teenager, he swiftly migrated politically from the liberal wing of the Democratic Party to the militancy of the Black Bloc anarchists. He was an avid reader in high school of material put out by CrimethInc, an anarchist collective that publishes anarchist literature and manifestos. He has molded himself after old radicals such as Alexander Berkman and Emma Goldman and black revolutionaries such as George Jackson, Elaine Brown and Assata Shakur, as well as members of the Weather Underground. He said that while he was in Chicago he made numerous trips to Waldheim Cemetery to visit the Haymarket Martyrs Monument, which honors four anarchists who were hanged in 1887 and others who took part in the labor wars. On the 16-foot-high granite monument are the final words of one of the condemned men, August Spies. It reads: “The day will come when our silence will be more powerful than the voice you are throttling today.” Emma Goldman is buried nearby.
Hammond became well known to the government for a variety of acts of civil disobedience over the last decade. These ranged from painting anti-war graffiti on Chicago walls to protesting at the 2004 Republican National Convention in New York to hacking into the right-wing website Protest Warrior, for which he was sentenced to two years in the Federal Correctional Institute at Greenville, Ill.
Hammond spent months within the Occupy movement in Chicago. He embraced its “leaderless, non-hierarchical structures such as general assemblies and consensus, and occupying public spaces.” But he was highly critical of what he said were the “vague politics” in Occupy that allowed it to include followers of the libertarian Ron Paul, some in the tea party, as well as “reformist liberals and Democrats.” Hammond said he was not interested in any movement that “only wanted a ‘nicer’ form of capitalism and favored legal reforms, not revolution.” He remains rooted in the ethos of the Black Bloc.
“Being incarcerated has really opened my eyes to the reality of the criminal justice system,” he said, “that it is not a criminal justice system about public safety or rehabilitation, but reaping profits through mass incarceration. There are two kinds of justice—one for the rich and the powerful who get away with the big crimes, then for everyone else, especially people of color and the impoverished. There is no such thing as a fair trial. In over 80 percent of the cases people are pressured to plea out instead of exercising their right to trial, under the threat of lengthier sentences. I believe no satisfactory reforms are possible. We need to close all prisons and release everybody unconditionally.”
He said he hoped his act of resistance would encourage others, just as Manning’s courage had inspired him. He said activists should “know and accept the worst possible repercussion” before carrying out an action and should be “aware of mass counterintelligence/surveillance operations targeting our movements.” An informant posing as a comrade, Hector Xavier Monsegur, known online as “Sabu,” turned Hammond and his co-defendants in to the FBI. Monsegur stored data retrieved by Hammond on an external server in New York. This tenuous New York connection allowed the government to try Hammond in New York for hacking from his home in Chicago into a private security firm based in Texas. New York is the center of the government’s probes into cyber-warfare; it is where federal authorities apparently wanted Hammond to be investigated and charged.
Hammond said he will continue to resist from within prison. A series of minor infractions, as well as testing positive with other prisoners on his tier for marijuana that had been smuggled into the facility, has resulted in his losing social visits for the next two years and spending “time in the box [solitary confinement].” He is allowed to see journalists, but my request to interview him took two months to be approved. He said prison involves “a lot of boredom.” He plays chess, teaches guitar and helps other prisoners study for their GED. When I saw him, he was working on the statement, a personal manifesto, that he will read in court this week.
He insisted he did not see himself as different from prisoners, especially poor prisoners of color, who are in for common crimes, especially drug-related crimes. He said most inmates are political prisoners, caged unjustly by a system of totalitarian capitalism that has snuffed out basic opportunities for democratic dissent and economic survival.
“The majority of people in prison did what they had to do to survive,” he said. “Most were poor. They got caught up in the war on drugs, which is how you make money if you are poor. The real reason they get locked in prison for so long is so corporations can continue to make big profits. It is not about justice. I do not draw distinctions between us.”
“Jail is essentially enduring harassment and dehumanizing conditions with frequent lockdowns and shakedowns,” he said. “You have to constantly fight for respect from the guards, sometimes getting yourself thrown in the box. However, I will not change the way I live because I am locked up. I will continue to be defiant, agitating and organizing whenever possible.”
He said resistance must be a way of life. He intends to return to community organizing when he is released, although he said he will work to stay out of prison. “The truth,” he said, “will always come out.” He cautioned activists to be hyper-vigilant and aware that “one mistake can be permanent.” But he added, “Don’t let paranoia or fear deter you from activism. Do the down thing!”
© 2013 TruthDig.com
Chris Hedges writes a regular column for Truthdig.com. Hedges graduated from Harvard Divinity School and was for nearly two decades a foreign correspondent for The New York Times. He is the author of many books, including: War Is A Force That Gives Us Meaning, What Every Person Should Know About War, and American Fascists: The Christian Right and the War on America. His most recent book is Empire of Illusion: The End of Literacy and the Triumph of Spectacle.
Posted by rogerhollander in Civil Liberties, Constitution, Democracy, Media, Surveillance State, Whistle-blowing.
Tags: angela merkel, edward snowden, first amendment, freedom of press, general alexander, glenn greenwald, journalism, keith alexander, Media, nsa, roger hollander, surveillance, surveillande state, whistle-blowing
With General Alexander calling for NSA reporting to be halted, US and UK credibility as guardians of press freedom is crushed
NSA Director General Keith Alexander, earlier this month. Photograph: Evan Vucci/AP
The most under-discussed aspect of the NSA story has long been its international scope. That all changed this week as both Germany and France exploded with anger over new revelations about pervasive NSA surveillance on their population and democratically elected leaders.
As was true for Brazil previously, reports about surveillance aimed at leaders are receiving most of the media attention, but what really originally drove the story there were revelations that the NSA is bulk-spying on millions and millions of innocent citizens in all of those nations. The favorite cry of US government apologists -–everyone spies! – falls impotent in the face of this sort of ubiquitous, suspicionless spying that is the sole province of the US and its four English-speaking surveillance allies (the UK, Canada, Australia and New Zealand).
There are three points worth making about these latest developments.
• First, note how leaders such as Chancellor Angela Merkel reacted with basic indifference when it was revealed months ago that the NSA was bulk-spying on all German citizens, but suddenly found her indignation only when it turned out that she personally was also targeted. That reaction gives potent insight into the true mindset of many western leaders.
• Second, all of these governments keep saying how newsworthy these revelations are, how profound are the violations they expose, how happy they are to learn of all this, how devoted they are to reform. If that’s true, why are they allowing the person who enabled all these disclosures – Edward Snowden – to be targeted for persecution by the US government for the “crime” of blowing the whistle on all of this?
If the German and French governments – and the German and French people – are so pleased to learn of how their privacy is being systematically assaulted by a foreign power over which they exert no influence, shouldn’t they be offering asylum to the person who exposed it all, rather than ignoring or rejecting his pleas to have his basic political rights protected, and thus leaving him vulnerable to being imprisoned for decades by the US government?
Aside from the treaty obligations these nations have to protect the basic political rights of human beings from persecution, how can they simultaneously express outrage over these exposed invasions while turning their back on the person who risked his liberty and even life to bring them to light?
• Third, is there any doubt at all that the US government repeatedly tried to mislead the world when insisting that this system of suspicionless surveillance was motivated by an attempt to protect Americans from The Terrorists™? Our reporting has revealed spying on conferences designed to negotiate economic agreements, the Organization of American States, oil companies, ministries that oversee mines and energy resources, the democratically elected leaders of allied states, and entire populations in those states.
Can even President Obama and his most devoted loyalists continue to maintain, with a straight face, that this is all about Terrorism? That is what this superb new Foreign Affairs essay by Henry Farrell and Martha Finnemore means when it argues that the Manning and Snowden leaks are putting an end to the ability of the US to use hypocrisy as a key weapon in its soft power.
Speaking of an inability to maintain claims with a straight face, how are American and British officials, in light of their conduct in all of this, going to maintain the pretense that they are defenders of press freedoms and are in a position to lecture and condemn others for violations? In what might be the most explicit hostility to such freedoms yet – as well as the most unmistakable evidence of rampant panic – the NSA’s director, General Keith Alexander, actually demanded Thursday that the reporting being done by newspapers around the world on this secret surveillance system be halted (Techdirt has the full video here):
The head of the embattled National Security Agency, Gen Keith Alexander, is accusing journalists of “selling” his agency’s documents and is calling for an end to the steady stream of public disclosures of secrets snatched by former contractor Edward Snowden.
“I think it’s wrong that that newspaper reporters have all these documents, the 50,000 – whatever they have and are selling them and giving them out as if these – you know it just doesn’t make sense,” Alexander said in an interview with the Defense Department’s “Armed With Science” blog.
“We ought to come up with a way of stopping it. I don’t know how to do that. That’s more of the courts and the policy-makers but, from my perspective, it’s wrong to allow this to go on,” the NSA director declared. [My italics]
There are 25,000 employees of the NSA (and many tens of thousands more who work for private contracts assigned to the agency). Maybe one of them can tell The General about this thing called “the first amendment”.
I’d love to know what ways, specifically, General Alexander has in mind for empowering the US government to “come up with a way of stopping” the journalism on this story. Whatever ways those might be, they are deeply hostile to the US constitution – obviously. What kind of person wants the government to forcibly shut down reporting by the press?
Whatever kind of person that is, he is not someone to be trusted in instituting and developing a massive bulk-spying system that operates in the dark. For that matter, nobody is.
Posted by rogerhollander in Civil Liberties, Constitution, Criminal Justice, Democracy, Occupy Wall Street Movement, Surveillance State, Whistle-blowing.
Tags: 3i:mind, bluejay, constitution, edward snowden, john knefel, nice, occupation movement, police militarization, police state, police surveillance, private surveillance, roger hollander, social media, surveillance, surveillance state, zucotti park
Roger’s note: Back in the last decades of the 2000s, when we participated in protest activities — from the Vietnam War to the Iraq invasions — we knew there were likely to be police abuses and arrests, especially if civil disobedience was part of the strategy. So we prepared by “arming” ourselves with information about our constitutional rights and usually had ACLU lawyer types ready to back us up, their phone numbers in our back pockets. Times have changed. The constitution and habeas corpus doesn’t mean much any more. The police have always acted with a degree of impunity, but today that has increased exponentially, along with a frightening degree of police militarization (they already have armored cars and tanks and will soon have little drone missiles). The crackdowns on the Occupy Movement two years ago made that crystal clear. Do we live in a police state? I think the evidence speaks for itself. Here is just one example of what peaceful protest faces today.
A number of private spying companies offer services to help police keep tabs on individual protesters’ tweets and Facebook posts. (Credit: Fuse)
The documents leaked to media outlets by former NSA contractor Edward Snowden this year have brought national intelligence gathering and surveillance operations under a level of scrutiny not seen in decades. Often left out of this conversation, though, is the massive private surveillance industry that provides services to law enforcement, defense agencies and corporations in the U.S. and abroad – a sprawling constellation of companies and municipalities. “It’s a circle where everyone [in these industries] is benefitting,” says Eric King, lead researcher of watchdog group Privacy International. “Everyone gets more powerful, and richer.”
Promotional materials for numerous private spy companies boast of how law enforcement organizations can use their products to monitor people at protests or other large crowds – including by keeping tabs on individual people’s social media presence. Kenneth Lipp, a journalist who attended the International Association of Chiefs of Police conference in Philadelphia from October 19th to 23rd, tells Rolling Stone that monitoring Twitter and Facebook was a main theme of the week. “Social media was the buzzword,” says Lipp. He says much of the discussion seemed to be aimed at designing policies that wouldn’t trigger potentially limiting court cases: “They want to avoid a warrant standard.”
While the specifics of which police departments utilize what surveillance technologies is often unclear, there is evidence to suggest that use of mass surveillance against individuals not under direct investigation is common. “The default is mass surveillance, the same as NSA’s ‘collect it all’ mindset,” says King. “There’s not a single company that if you installed their product, [it] would comply with what anyone without a security clearance would think is appropriate, lawful use.”
The YouTube page for a company called NICE, for instance, features a highly produced video showing how its products can be used in the event of a protest. “The NICE video analytic suite alerts on an unusually high occupancy level in a city center,” a narrator says as the camera zooms in on people chanting and holding signs that read “clean air” and “stop it now.” The video then shows authorities redirecting traffic to avoid a bottleneck, and promises that all audio and video from the event will be captured and processed almost immediately. “The entire event is then reconstructed on a chronological timeline, based on all multimedia sources,” says the narrator. According to an interview with the head of NICE’s security division published in Israel Gateway, NICE systems are used by New Jersey Transit and at the Statue of Liberty, though it isn’t clear if they are the same products shown in the video.
“Thousands of customers worldwide use NICE Security solutions to keep people safe and protect property,” says Sara Preto, a spokesperson for NICE. She declined to confirm any specific clients, but added: “We work with law enforcement and other government agencies within the framework of all relevant and national laws.”
Another program, made by Bright Planet and called BlueJay, is billed in a brochure to law enforcement as a “Twitter crime scanner.” BlueJay allows cops to covertly monitor accounts and hashtags; three that Bright Planet touts in promotional material are #gunfire, #meth, and #protest. In another promotional document, the company says BlueJay can “monitor large public events, social unrest, gang communications, and criminally predicated individuals,” as well as “track department mentions.” Bright Planet did not respond to a request for comment.
A third company, 3i:Mind, lays out a scenario for a potential law enforcement client that begins: “Perhaps you are tracking an upcoming political rally.” It continues:
Once you set up the OpenMIND™ system to profile and monitor the rally, it will search the web for the event on web pages, social networking sites, blogs, forums and so forth, looking for information about the nature of the rally (e.g. peaceful, violent, participant demographics), try to identify both online and physical world activist leaders and collect information about them, monitor the event in real-time and alert you on user-defined critical developments.
The scenario concludes: “Your insight is distributed to the local police force warning them that the political rally may turn violent and potentially thwarting the violence before it occurs.” The 3i:Mind website gives no clues at to which governments or corporations use their products, and public information on the company is limited, though they have reportedly shown their product at various trade shows and police conferences. The company didn’t respond to a request for comment.
Other companies are less upfront about how their products can be used to monitor social unrest. A product that will be familiar to anyone who attended an Occupy Wall Street protest in or around New York’s Zuccotti Park is SkyWatch, by FLIR, pointed out to Rolling Stone by Lipp, the journalist who attended the police conference. SkyWatch is a mobile tower in the form of a two-person cab that can be raised two stories high to provide “an array of surveillance options,” according to a promotional brochure. Those options include cameras and radar, as well as “customizable” options. The brochure says SkyWatch is perfect for “fluid operations whether on the front lines or at a hometown event.” As of this writing, the NYPD still has a SkyWatch deployed in a corner of Zuccotti Park, where Occupy activists were evicted by the police nearly two years ago.
These promotional materials, taken together, paint a picture not only of local police forces becoming increasingly militarized, but also suggest departments are venturing into intelligence-gathering operations that may go well beyond traditional law enforcement mandates. “Two things make today’s surveillance particularly dangerous: the flood of ‘homeland security’ dollars (in the hundreds of millions) to state and local police for the purchase of spying technologies, and the fact that spook technology is outpacing privacy law,” says Kade Crockford, director of the Massachusetts ACLU’s technology for liberty program and the writer of the PrivacySOS blog, which covers these issues closely. “Flush with fancy new equipment, police turn to communities they have long spied on and infiltrated: low-income and communities of color, and dissident communities.”
Many of the legal questions surrounding these kinds of police tactics remain unsettled, according to Faiza Patel, co-director of the Liberty and National Security program at New York University Law School’s Brennan Center for Justice. Information that is publicly available, like tweets and Facebook posts, is generally not protected by the Fourth Amendment, though legal questions may arise if that information is aggregated on a large scale – especially if that collection is based on political, religious or ethnic grounds. “This information can be useful, but it can also be used in ways that violate the Constitution,” says Patel. “The question is: what are [police departments] using it for?”
Rolling Stone contacted police departments for the cities of New York City, Los Angeles, Chicago, Philadelphia and Washington D.C. for comment on this story.
“The Philadelphia Police Department has their own cameras,” says that force’s spokesperson Jillian Russell. “The department does not have private surveillance companies monitor crime.” She directed follow-up questions about software used to process big data to a deputy mayor’s office, who didn’t return a phone call asking for comment.
When asked if the LAPD uses programs to monitor protesters, a media relations email account sent an unsigned message that simply read: “We are not aware of this.”
The other police departments did not respond to requests for comment.
© 2013 Rolling Stone
Posted by rogerhollander in Brazil, Latin America, Mexico, Surveillance State.
Tags: Brazil, dilma rousseff, edward snowden, felipe calderon, holger stark, jens glusing, laura poitras, marcel rosenbach, Mexico, nsa, pena nieto, roger hollander, surveillance state
By Jens Glüsing, Laura Poitras, Marcel Rosenbach and Holger Stark
http://www.spiegel.de, October 20, 2013
The NSA has been systematically eavesdropping on the Mexican government for years. It hacked into the president’s public email account and gained deep insight into policymaking and the political system. The news is likely to hurt ties between the US and Mexico.
The National Security Agency (NSA) has a division for particularly difficult missions. Called “Tailored Access Operations” (TAO), this department devises special methods for special targets.
That category includes surveillance of neighboring Mexico, and in May 2010, the division reported its mission accomplished. A report classified as “top secret” said: “TAO successfully exploited a key mail server in the Mexican Presidencia domain within the Mexican Presidential network to gain first-ever access to President Felipe Calderon’s public email account.”According to the NSA, this email domain was also used by cabinet members, and contained “diplomatic, economic and leadership communications which continue to provide insight into Mexico’s political system and internal stability.” The president’s office, the NSA reported, was now “a lucrative source.”
This operation, dubbed “Flatliquid,” is described in a document leaked by whistleblower Edward Snowden, which SPIEGEL has now had the opportunity to analyze. The case is likely to cause further strain on relations between Mexico and the United States, which have been tense since Brazilian television network TV Globo revealed in September that the NSA monitored then-presidential candidate Enrique Peña Nieto and others around him in the summer of 2012. Peña Nieto, now Mexico’s president, summoned the US ambassador in the wake of that news, but confined his reaction to demanding an investigation into the matter.
Now, though, the revelation that the NSA has systematically infiltrated an entire computer network is likely to trigger deeper controversy, especially since the NSA’s snooping took place during the term of Peña Nieto’s predecessor Felipe Calderón, a leader who worked more closely with Washington than any other Mexican president before him.
Brazil Also Targeted
Reports of US surveillance operations have caused outrage in Latin America in recent months. Brazilian President Dilma Rousseff cancelled a planned trip to Washington five weeks ago and condemned the NSA’s espionage in a blistering speech to the United Nations General Assembly.
The US surveillance of politicians in Mexico and Brazil is not a one-off. Internal documents show these countries’ leaders represent important monitoring targets for the NSA, with both Mexico and Brazil ranking among the nations high on an April 2013 list that enumerates the US’ surveillance priorities. That list, classified as “secret,” was authorized by the White House and “presidentially approved,” according to internal NSA documents.
The list ranks strategic objectives for all US intelligence services using a scale from “1” for high priority to “5” for low priority. In the case of Mexico, the US is interested primarily in the drug trade (priority level 1) and the country’s leadership (level 3). Other areas flagged for surveillance include Mexico’s economic stability, military capabilities, human rights and international trade relations (all ranked at level 3), as well as counterespionage (level 4). It’s much the same with Brazil — ascertaining the intentions of that country’s leadership ranks among the stated espionage targets. Brazil’s nuclear program is high on the list as well.
When Brazilian President Rousseff took office in early 2011, one of her goals was to improve relations with Washington, which had cooled under her predecessor, the popular former labor leader Luiz Inácio Lula da Silva. Lula focused primarily on establishing closer ties with China, India and African nations, and even invited Iran’s then-President Mahmoud Ahmadinejad to Brazil, in a snub to the US. President Barack Obama postponed a planned visit to the capital, Brasília, as a result.
Rousseff, however, has distanced herself from Iran. And the first foreign minister to serve under her, Antonio Patriota, who recently resigned, was seen as friendly toward the US, maintaining good ties with his counterpart Hillary Clinton. Obama made a state visit to Brazil two years ago and Rousseff had planned to reciprocate with a visit to Washington this October.
Then came the revelation that US authorities didn’t stop short of spying on the president herself. According to one internal NSA presentation, the agency investigated “the communication methods and associated selectors of Brazilian President Dilma Rouseff and her key advisers.” It also said it found potential “high-value targets” among her inner circle.
Economic Motives?
Rousseff believes Washington’s reasons for employing such unfriendly methods are partly economic, an accusation that the NSA and its director, General Keith Alexander, have denied. Yet according to the leaked NSA documents, the US also monitored email and telephone communications at Petrobras, the oil corporation in which the Brazilian government holds a majority stake. Brazil possesses enormous offshore oil reserves.
Just how intensively the US spies on its neighbors can be seen in another, previously unknown operation in Mexico, dubbed “Whitetamale” by the NSA. In August 2009, according to internal documents, the agency gained access to the emails of various high-ranking officials in Mexico’s Public Security Secretariat that combats the drug trade and human trafficking. This hacking operation allowed the NSA not only to obtain information on several drug cartels, but also to gain access to “diplomatic talking-points.” In the space of a single year, according to the internal documents, this operation produced 260 classified reports that allowed US politicians to conduct successful talks on political issues and to plan international investments.
The tone of the document that lists the NSA’s “tremendous success” in monitoring Mexican targets shows how aggressively the US intelligence agency monitors its southern neighbor. “These TAO accesses into several Mexican government agencies are just the beginning — we intend to go much further against this important target,” the document reads. It goes on to state that the divisions responsible for this surveillance are “poised for future successes.”
While these operations were overseen from the NSA’s branch in San Antonio, Texas, secret listening stations in the US Embassies in Mexico City and Brasília also played a key role. The program, known as the “Special Collection Service,” is conducted in cooperation with the CIA. The teams have at their disposal a wide array of methods and high-tech equipment that allow them to intercept all forms of electronic communication. The NSA conducts its surveillance of telephone conversations and text messages transmitted through Mexico’s cell phone network under the internal code name “Eveningeasel.” In Brasília, the agency also operates one of its most important operational bases for monitoring satellite communications.
This summer, the NSA took its activities to new heights as elections took place in Mexico. Despite having access to the presidential computer network, the US knew little about Enrique Peña Nieto, designated successor to Felipe Calderón.
Spying on Peña Nieto
In his campaign appearances, Peña Nieto would make his way to the podium through a sea of supporters, ascending to the stage like a rock star. He is married to an actress, and also had the support of several influential elder statesmen within his party, the PRI. He promised to reform the party and fight pervasive corruption in the country. But those familiar with the PRI, which is itself regarded by many as corrupt, saw this pledge as little more than a maneuver made for show.
First and foremost, though, Peña Nieto promised voters he would change Mexico’s strategy in the war on drugs, announcing he would withdraw the military from the fight against the drug cartels as soon as possible and invest more money in social programs instead. Yet at the same time, he assured Washington there would be no U-turn in Mexico’s strategy regarding the cartels. So what were Peña Nieto’s true thoughts at the time? What were his advisers telling him?
The NSA’s intelligence agents in Texas must have been asking themselves such questions when they authorized an unusual type of operation known as structural surveillance. For two weeks in the early summer of 2012, the NSA unit responsible for monitoring the Mexican government analyzed data that included the cell phone communications of Peña Nieto and “nine of his close associates,” as an internal presentation from June 2012 shows. Analysts used software to connect this data into a network, shown in a graphic that resembles a swarm of bees. The software then filtered out Peña Nieto’s most relevant contacts and entered them into a databank called “DishFire.” From then on, these individuals’ cell phones were singled out for surveillance.
According to the internal documents, this led to the agency intercepting 85,489 text messages, some sent by Peña Nieto himself and some by his associates. This technology “might find a needle in a haystack,” the analysts noted, adding that it could do so “in a repeatable and efficient way.”
It seems, though, that the NSA’s agents are no longer quite as comfortable expressing such pride in their work. Asked for a comment by SPIEGEL, the agency replied: “We are not going to comment publicly on every specific alleged intelligence activity, and as a matter of policy we have made clear that the United States gathers foreign intelligence of the type gathered by all nations. As the President said in his speech at the UN General Assembly, we’ve begun to review the way that we gather intelligence, so that we properly balance the legitimate security concerns of our citizens and allies with the privacy concerns that all people share.”
Meanwhile, the NSA’s spying has already caused considerable political damage in the case of Brazil, seriously denting the mutual trust between Rousseff and Obama. Brazil now plans to introduce a law that will force companies such as Google and Facebook to store their data inside Brazil’s borders, rather than on servers in the US, making these international companies subject to Brazilian data privacy laws. The Brazilian government is also developing a new encryption system to protect its own data against hacking.
So far, Mexico has reacted more moderately — although the fact that the NSA infiltrated even the presidential computer network wasn’t known until now. Commenting after TV Globo first revealed the NSA’s surveillance of text messages, Peña Nieto stated that Obama had promised him to investigate the accusations and to punish those responsible, if it was found that misdeeds had taken place.In response to an inquiry from SPIEGEL concerning the latest revelations, Mexico’s Foreign Ministry replied with an email condemning any form of espionage on Mexican citizens, saying such surveillance violates international law. “That is all the government has to say on the matter,” stated a spokesperson for Peña Nieto.
Presumably, that email could be read at the NSA’s Texas location at the same time.
roger hollander 
The Vindication of Edward Snowden May 12, 2015
Posted by rogerhollander in Constitution, Criminal Justice, Democracy, Surveillance, Surveillance State, Whistle-blowing.Tags: aclu, bulk surveillance, conor friedersdorf, constitution, edward snowden, nsa, nsa secrets, patriot act, phone dragnet, roger hollander, state secrets, surveillance state, whistle blower, whistleblower
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Roger’s note: I suppose, at least in theory, there may be a justification for a “state secrets” doctrine. I could picture an extreme circumstance where the democratic right of the people and their representatives to know could be trumped because making information public could aid and abet an enemy in an imminently dangerous way. Nevertheless, that doctrine has been used and abused over and over again to evade accountability; and I am not aware of a single case where it was used to avoid an actual danger.
But with respect to “legality,” I have often referred to a speech given many years ago by the notable civil liberties lawyer William Kunstler, which showed how some of the most noteworthy crimes in history — from the executions of Socrates and Jesus to the Nazi Holocaust — have been perpetrated under the color of “the Law.” My point is that men (sic) make the laws and the victors write the history. Take the issue under consideration in the following article, Snowden’s uncovering of NSA bulk surveillance. A federal appeals court says it is illegal. This will be appealed to the Supreme Court, which could well reverse with the result that was illegal one day becomes legal the next.
The Law and the judicial system are sacred and not to be taken lightly. But in the final analysis, it comes down who holds political and economic and military power. And in our world today those who own and operate monopoly capitalism are in the driver’s seat. Justice will not come about until they are dislodged.
A federal appeals court has ruled that one of the NSA programs he exposed was illegal.
Mark Blinch / Reuters
Conor Friedersdorf May 11, 2015 http://www.theatlantic.com
Edward Snowden’s most famous leak has just been vindicated. Since June 2013, when he revealed that the telephone calls of Americans are being logged en masse, his critics have charged that he took it upon himself to expose a lawful secret. They insisted that Congress authorized the phone dragnet when it passed the U.S.A. Patriot Act, citing Section 215, a part of the law that pertains to business records.
That claim was always suspect. The text of the law does not seem to authorize mass surveillance. A primary author and longtime champion of the law avows that Congress never intended to authorize the phone dragnet. And nothing like it was ever discussed during an extensive, controversy-filled debate about its provisions.
Now the wrongheadedness of the national-security state’s position has been confirmed.
A panel of judges on the Second Circuit Court of Appeals ruled last week that the program Snowden exposed was never legal. The Patriot Act does not authorize it, contrary to the claims of George W. Bush, Barack Obama, Michael Hayden, Keith Alexander, and James Clapper. “Statutes to which the government points have never been interpreted to authorize anything approaching the breadth of the sweeping surveillance at issue here,” Judge Gerard E. Lynch declared. “The sheer volume of information sought is staggering.”
Other conclusions reached by the three-judge panel include the following:
“The interpretation that the government asks us to adopt defies any limiting principle.”
“We would expect such a momentous decision to be preceded by substantial debate, and expressed in unmistakable language.There is no evidence of such a debate …”
“Congress cannot reasonably be said to have ratified a program of which many members of Congress—and all members of the public—were not aware … only a limited subset of members of Congress had a comprehensive understanding of the program…”
“Finding the government’s interpretation of the statute to have been ‘legislatively ratified’ under these circumstances would ignore reality.”
Consider what this means.
Telling the public about the phone dragnet didn’t expose a legitimate state secret. It exposed a violation of the constitutional order. For many years, the executive branch carried out a hugely consequential policy change that the legislature never approved. Tens of millions of innocent U.S. citizens were thus subject to invasions of privacy that no law authorized. And the NSA’s unlawful behavior would’ve continued, unknown to the public and unreviewed by Article III courts, but for Snowden’s leak, which caused the ACLU to challenge the illegal NSA program.
Snowden undeniably violated his promise to keep the NSA’s secrets.
But doing so was the only way to fulfill his higher obligation to protect and defend the Constitution, which was being violated by an executive branch exceeding its rightful authority and usurping the lawmaking function that belongs to the legislature. This analysis pertains only to the leaked documents that exposed the phone dragnet, not the whole trove of Snowden leaks, but with respect to that one set of documents there ought to be unanimous support for pardoning his disclosure.
Any punishment for revealing the phone dragnet would be unjust.
Now that a federal appeals court has found that Section 215 of the Patriot Act did not in fact authorize the policy, punishing a man for exposing the program would set this precedent: Whistleblowers will be punished for revealing illegal surveillance. That’s the position anyone who still wants Snowden prosecuted for that leak must take, if the ruling stands. (Other federal courts have issued rulings pointing in contrary directions, and this latest ruling will likely be appealed.)
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Does the PATRIOT Act Allow Bulk Surveillance?
Consider how this federal court ruling informs the debate over state secrets generally. Civil libertarians have long warned that secret national-security policies undermine both representative democracy and our system of checks and balances.
And that is exactly what happened with respect to the phone dragnet!