South Africa miners demand 100% wage increase
Press TV – January 23, 2014
Thousands of platinum miners in South Africa have embarked on a strike demanding their entry-level pay be doubled to nearly 1,200 dollars a month.
Workers at Impala Platinum, Anglo American Platinum, and Lonmin mines embarked on an indefinite strike on Thursday, crippling output at the world’s three biggest platinum producers.
Striking miners chanted slogans as they marched to Wonderkop Stadium near the Lonmin platinum mine in Marikana.
The protest, organized by the Association of Mineworkers and Construction Union, is the biggest industrial action in South Africa’s platinum sector since 2012, when police shot and killed 34 striking miners in Marikana.
South Africa’s mining companies have been rejecting calls for a wage increase, pointing to weaker profits and rising costs.
South Africa’s mining sector has been paralyzed by a series of wildcat strikes over miners’ low pay since August, 2012. The strikes have also damaged South Africa’s reputation as an investment destination.
The three top platinum companies operating in the African country say strikes cost the industry a total loss of output amounting to about USD 1.2 billion in 2012 and 2013.
South Africa possesses nearly 80 percent of the world’s known platinum reserves. The country’s mining sector directly employs around 500,000 people and accounts for nearly one-fifth of the country’s gross domestic product.

Latest Human Rights Watch Report: 30 Lies about Venezuela
By Tamara Pearson | Venezuelanalysis | January 23, 2014
In the six pages that HRW dedicates to Venezuela in its World Report 2014, released this week, it manages to tell at least 30 serious lies, distortions, and omissions. Pointing out these lies is important, because many people believe that HRW is a neutral authority on human rights, and the mainstream press publish articles and headlines based on HRW report conclusions. Here are some of the headlines in both English and Spanish (translated to English) that have come out of the 2014 report:
Global Post – Venezuela intimidates opponents, media: HRW report , PanAm Post – Human Rights Watch: A black eye for Latin America , AFP – HRW criticises Venezuela in its annual report on human rights, El Economista – HRW: Democracy in Venezuela is fictitious, El Universal – Human Rights Watch report denounces persecution of media in Venezuela, El Siglo – Human Rights Watch: Venezuela is an example of “fictitious democracies”, El Colombiano: HRW describes Venezuela as a fictitious democracy , NTN24 – HRW warns that Venezuelan government applies “arbitrary” measures against media that is critical of its policies
The headlines which talk about a “fictitious” or “feigned” democracy, are referring to the start of the report, where HRW put Venezuela, along with other countries, under the category of “abusive majoritarianism”. There, HRW provides a very limited definition of democracy; “periodic elections, the rule of law, and respect for the human rights of all” and argues that Venezuela has adopted “the form but not the substance of democracy”. HRW cites Diosdado Cabello not letting legislators who didn’t recognise democratically elected President Maduro speak in parliament – yet the punishment seems soft, considering the crime.
Below, I’ve grouped the lies and omissions according to HRW’s own subheadings in its chapter on Venezuela. Unlike with other countries such as the US, HRW omits all of Venezuela’s human rights achievements in its assessment, and in reality a range of other subheadings would be deserving, such has right to have access to housing, people’s right to be consulted about policy, right of the poorer people to be heard in the media, right to education, the right to health care, to land, and so on. Of course, nowhere in the report does HRW mention the economic crimes committed by the business sector against Venezuelans’ right to access affordable goods (hoarding, speculation, etc).
15 lies and distortions
Introduction
1. “The Supreme Court and the National Electoral Council rejected appeals filed by the opposition candidate, Henrique Capriles Radonski, challenging the results [of the April 2013 presidential elections]”. – The CNE did meet with the opposition and they came to an agreement to do a manual recount of the remaining 46% of votes which hadn’t already been revised on the day of the election. The entire recount was televised live. Given how incredibly flimsy Capriles’ “evidence” was, the Supreme Court would have been ridiculing itself to do anything but reject his case.
2. “Under the leadership of President Chavez and now President Maduro, the accumulation of power in the executive branch and the erosion of human rights guarantees have enabled the government to intimidate, censor, and prosecute its critics.” – HRW offers very little evidence to substantiate such accusations. The reality is the opposite; private media makes up the vast majority of the media, and freely criticises the government on a daily basis, to the point where it invents news and blames the national government for things it isn’t even responsible for. Just last week here in Merida a few opposition students held a protest by burning tires on a main road. For a week, traffic to a key hospital was blocked, and the students had no placards stating the reason for their protest. The police closed off the roads around them to protect their right to protest.
3. “In September 2013, the Venezuelan government’s decision to withdraw from the American Convention on Human Rights took effect, leaving Venezuelans without access to the Inter-American Court on Human Rights, an international tribunal that has protected their rights for decades in a wide array of cases.” – The IACHR has not protected Venezuelans’ rights. From 1969-1998, a repressive period of disappearances, political repression, and massacres such as those at Cantaura, Yumare, and the Caracazo, it only considered six cases, and of those only one was brought to the commission. In contrast, from 1999 to 2011 it ruled on and processed a total of 23 cases. It did not take any action after the coup attempt against democratically elected president Hugo Chavez in 2002.
Post-Election Violence
4. “Security forces used excessive force and arbitrary detentions to disperse anti-government demonstrations after the April elections, according to local groups”. -Though it may have varied from region to region, unlike HRW, I was at those protests, and took photos of and interviewed opposition protesters in Merida – one of their strongholds. Despite threatening to take over and destroy the CNE and the PSUV head offices, with large piles of projectiles like rocks and shrapnel and Molotov cocktails, the police merely cordoned off those areas. They were not armed, and there were no injuries or arrests observed. The threats were not empty ones either, as seen by other destruction carried out by the opposition around the country. HRW also needs to specify what it means by “security forces”, as the police system here is complicated and most police continue to be managed at a state level, but HRW implies that the national government is entirely responsible. Finally, merely attributing these claims to “local groups” is very vague. One might also say, HRW is a capitalist front, said local groups.
5. “Official sources reported that nine individuals were killed at the time, although the circumstances in which the deaths occurred remain unclear. President Maduro and other high level officials have used the threat of criminal investigations as a political tool, attributing responsibility for all acts of violence during demonstrations to Capriles”. – Does HRW want an investigation or not? The violence occurred the day after the presidential elections, and all of the victims and buildings destroyed were Chavista supporters or part of national programs. It was clearly political, why is it a problem to mention that, and why does it become a “threat” when Maduro talks about bringing murderers and those who set fire to public hospitals, to justice? A thorough investigation was conducted, and those who were responsible for the deaths were arrested.
Judicial Independence
6. “The judiciary has largely ceased to function as an independent branch of government”. – While it is true that there are serious problems in Venezuela’s court system: HRW doesn’t mention those: the delays and corruption. Instead, it argued the judiciary is not “independent” because it doesn’t always rule against the government, as HRW would like. If it is not independent, why were almost a hundred supposedly pro government workers in SAIME, SENIAT, the China-Venezuela bank, and so on, arrested last year for corruption?
Freedom of Media
7. “Over the past decade, the government has expanded and abused its powers to regulate the media… fear of government reprisals has made self-censorship a problem” – No it hasn’t. What the government has done, over the last four years or so, is pass legislation which limits media abuse: racism, extreme violence, and sensationalism that is so extreme it can be psychologically damaging. Those regulations apply equally to the private, public, and community media, but the reality is it is the private media which tends to be most abusive. Nevertheless, Conatel has emitted less than 10 fines over the last few years.
8. “The government has taken aggressive steps to reduce the availability of media outlets that engage in critical programming.” – HRW is not able to cite any examples to back up this statement. Instead, it refers to one case from years ago, RCTV, who’s license was not renewed after it played an active role in the 2002 coup.
9. “In April 2013, Globovision was sold to government supporters… since then it has significantly reduced its critical programming”. The owners of Globovision sold it to a group of Venezuelan investors headed by businessman Juan Domingo Cordero, who is not a government supporter. Since then, Globovision’s coverage is somewhat less extreme and sensationalist, but it is just as critical.
10. “The government has also targeted other media outlets for arbitrary sanction and censorship”. – The government has not censored any media. Today alone, for example, Tal Cual freely published these headlines: “The fiscal report is a time bomb”, “The government uses violence as an excuse to censor the media” , “Dance with death” (to refer to the government) and “The government tragicomedy”. El Nacional received a fine in August last year for using a three year old photo of naked corpses on its front cover, and that is it.
Human Rights Defenders
11. “The Venezuelan government has sought to marginalise the country’s human rights defenders by repeatedly accusing them of seeking to undermine Venezuelan democracy with the support of the US government”. – The lie here is “the country’s human rights defenders”. HRW is referring to a select few organisations such as itself and other individuals, who use human rights as a front for their right-wing political agenda. The government is completely within its right in pointing that out.
Abuses by Security Forces
This section is somewhat accurate, but lacks any causal analysis.
Prison Conditions
These criticisms are also somewhat legitimate, though the information is selective. For omissions, see below.
Labour Rights
12. “Political discrimination against workers in state institutions remains a problem. In April 2013, Minister of Housing Ricardo Molina called on all ministry personnel who supported the opposition to resign, saying that he would fire anyone who criticised Maduro, Chavez, or the revolution”. Though perhaps a bit extreme, HRW forgets to point out that Molina made that remark in the context of the opposition not recognising a democratically elected president. That there is political discrimination against workers is largely untrue, though may occur in isolated situations. It is no secret that most of the public education and health workers, for example, support the opposition.
13. “The National Electoral Council (CNE), a public authority, continues to play an excessive role in union elections, violating international standards that guarantee workers the right to elect their representatives in full freedom” – Actually, what the CNE provides to unions is logistical support: machinery that makes cross-country elections much easier. If there were concern about the CNE somehow influencing elections, the opposition would not have also used its logistical support for its primaries in February 2012.
Key International Actors
14. “For years, Venezuela’s government has refused to authorise UN human rights experts to conduct fact-finding visits in the country” – That’s why the UNESCO and the FAO have both recently praised Venezuela’s education and food development. The Office of the High Commissioner for Human Right’s most recent report on Venezuela was made in September last year, it was about Venezuela’s elimination of racial discrimination.
15. “In June 2013, Venezuela became the pro-tempore president of Mercosur… The Asuncion Protocol…states that “full respect of democratic institutions and the respect of human rights” are essential…By not addressing the absence of an independent judiciary in Venezuela, as well as the government’s efforts to undermine human rights protections, the other Mercosur member states have failed to uphold these commitments” – See previous and subsequent comments on Venezuela’s judiciary and treatment of “human rights” protections.
15 omissions
The following very important facts on Venezuela’s human rights record were completely omitted from the report. Such omissions are as serious as lying.
Post-Election Violence
1. HRW conveniently doesn’t mention that the 15 “health centres” that were “vandalised” (ie they were set on fire on medical equipment was destroyed) were CDIs- Cuban-Venezuelan run free health centres that have come to be a symbol of the Bolivarian revolution. HRW doesn’t mention that opposition supporters attacked them, it lets readers believe that the government supported such violence.
2. HRW doesn’t criticise the extremely undemocratic move by Capriles to not recognise the president whom the majority of voters chose in the April presidential elections. Their omission to do so amounts to tacit support of Capriles. That sort of context is also necessary when HRW criticises the fact that there were arrests following the elections: it’s possible that some arrests were not justified, but given that the Bolivarian revolution has already suffered one (failed) coup, and the continent has suffered many successful and bloody ones, it is reasonable to arrest participants in that. Any other country would do the same.
3. HRW focuses on the post election violence, and blames the national government for it, rather than recognising the opposition’s role. It purposefully omits to mention that while Capriles called for a “venting of rage”, Maduro called on supporters to play music and dance in the street.
Judicial Independence
4. HRW criticises the imprisonment of “government critic” judge Afiuni, but omits to mention that she was arrested for illegally releasing a bank president who stole US$27 million from state currency body, CADIVI. Does HRW advocate such judicial corruption? In June Afiuni was awarded conditional release.
5. There are, however, other cases of court inefficiency and bribery of judges, which HRW completely ignores, perhaps because the victims are mostly Bolivarian revolution supporters. Over the last year, many rural workers, commune members, trade unionists, and indigenous activists were murdered by hired killers, and though the killers are usually easy to identify, few have been arrested and prosecuted.
6. HRW criticises Venezuela for withdrawing from the IACHR, but omits to mention that that court is totally under the thumb of the US. It then hypocritically comments on Venezuela’s so called “lack of judicial independence”.
Freedom of Media
7. While in most countries, people who aren’t rich don’t have the right to run their own media, that right is being promoted in Venezuela, with the state materially and legally supporting over 500 community and alternative radios, television stations, and newspapers. That is an important development in media freedom, but HRW completely ignored it.
8. HRW states that, “In November 2013, the broadcasting authority opened an administrative investigation against eight Internet providers for allowing web sites that published information on unofficial exchange rates”. HRW intentionally omits to point out that those sites were illegally publishing those figures, and that those figures have contributed to the three and four fold price increase of basic products. At no point does HRW criticise the role of business of deliberately making basic food and goods unaffordable for Venezuelans.
9. HRW also doesn’t mention the almost one thousand free internet centres the government has set up, its promotion of freeware, and its distribution of laptops to school children: part of the government’s efforts to make the right to information a reality.
Human Rights Defenders
10. HRW criticises the government for supposedly “marginalising” “human rights defenders” by investigating their sources of funding, but fails to mention the fact that the US does use such groups as a front for funding the undemocratic wing of the opposition. It fails to criticise this affront to Venezuela’s right to sovereignty.
11. Likewise, it doesn’t mention the important role played by the real human rights defenders in Venezuela: gender and sexuality activists and movements, indigenous and afro-descendents organisations, the Cuban doctors defending the right to free and quality health care, community activists, environmental movements, volunteer teachers, social mission workers, activist analysts who are constructively critical of the situation in the country, and so on. Many of these movements and workers receive financial, institutional, and/or legal support from the state, though there are improvements to be made there as well, such as legalising gay marriage, abortion, and so on.
Abuses by Security Forces
12. Here it is telling that HRW simply doesn’t mention Venezuela’s creation of the UNES, a university training police in human rights and preventative policing. While it is legitimate that HRW points out ongoing problems within the police forces, it doesn’t mention that such corruption has significantly decreased, nor that police political repression has been almost completely eliminated.
Prison Conditions
13. HRW rightly points out the ongoing problems of overcrowding and organised prisoner violence in prisons, but simply omits to mention anything the government is doing to improve prisoner rights, including letting those who have committed minor offences out during the day time to work or study, internal prison education and productive work programs, assistance on leaving prison, cultural workshops such as video production in prisons, and government meetings with prisoners.
Labour Rights
14. For HRW it seems labour rights are limited to the right of opposition supporters to work in governmental programs that they don’t agree with (a right they have). HRW omits to mention the Labour Law which came into effect in May last year, which beats most of the world in providing workers with rights to permanent work (contract labour is made illegal), to childcare in the workplace, to maternity leave and to paternity leave, shorter working hours, retirement pensions, and much much more.
15. HRW alleges that opposition workers were “threatened” with losing their jobs if they supported Capriles, but provides no evidence of that, nor mentions that of course voting is anonymous and such a threat could not be carried out, and neglects to mention that governor Capriles fired fire fighters in May last year for demanding pay they were owed, uniforms, and infrastructure improvements.
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Ecuador to urge US military withdrawal
Press TV – January 23, 2014
Ecuador’s President Rafael Correa has announced plans to call for the withdrawal of some US military officers from the South American country.
Speaking at the Carondelet presidential Palace in the Ecuadorian capital Quito on Wednesday, Correa said his government will ask Washington to withdraw “nearly 50 military personnel” assigned to the US embassy in the Latin American country.
He described the number of American military personnel in Ecuador as “inconceivable,” saying, “Unfortunately, these people have been so infiltrated in all the sectors that what is scandalous appeared normal.”
Correa also noted that Quito was “already taking measures” to address the outsized presence of the US forces.
The remarks came after revelations concerning the presence of four US military personnel in an Ecuadoran military helicopter that came under fire in October last year near the border with Colombia.
“They (the US troops) flew in the helicopters of the air force, of the army. It was normal for foreign soldiers to be flying with our soldiers in frontier areas,” he said.
Meanwhile, the US embassy said it has not received any request from the Ecuadorian government yet.
In 2009, Quito refused to renew an agreement with Washington on counter-narcotics operations after accusing it of financing opposition groups.
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Independent review board: NSA phone data collection ‘illegal’
Press TV – January 23, 2014
An independent review board working to protect Americans’ civil liberties and privacy has concluded that the US National Security Agency’s phone data collection program is illegal and should be stopped.
In a 238-page report to be issued on Thursday, the Privacy and Civil Liberties Oversight Board (PCLOB) has said that a law known as Section 215 of the USA Patriot Act “does not provide an adequate basis to support” the NSA’s program for collecting billions of Americans’ phone records on a daily basis.
The report, which was obtained by The Washington Post and The New York Times, also says that there has been no single instance in which the US government’s spying program contributed to the discovery of a terrorist threat to the United States.
“We have not identified a single instance involving a threat to the United States in which the telephone records program made a concrete difference in the outcome of a counterterrorism investigation,” the report said.
“Moreover, we are aware of no instance in which the program directly contributed to the discovery of a previously unknown terrorist plot or the disruption of a terrorist attack,” it added.
While the board had shared its conclusions with US President Barack Obama prior to his speech on Friday, the report is in contrast to Obama’s speech which portrayed the program as useful and lawful.
During his speech on Friday in which Obama promised some modest changes to the NSA’s spying programs, the US President did not indicate that the phone data collection program should be stopped. He said the NSA’s database of phone records should be moved out of government hands and be kept by private phone companies.
However, the PCLOB says the program should be shut down.
“Cessation of the program would eliminate the privacy and civil liberties concerns associated with bulk collection,” said the board in its report.
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Legal Residents Claim They are Punished for Living Near Mexican Border
By Noel Brinkerhoff | AllGov | January 23, 2014
A leading civil rights group has accused Border Patrol agents of abusing the constitutional rights of U.S. citizens and legal residents living in southern Arizona.
The American Civil Liberties Union (ACLU) is demanding a government investigation of those guarding the border with Mexico.
“Border Patrol checkpoints today bear little resemblance to those authorized by the Supreme Court. Many Border Patrol officials do not understand—or simply ignore—the legal limits of their authority at checkpoints,” James Lyall, an attorney with the ACLU of Arizona, said in an administrative complaint (pdf) sent to the Department of Homeland Security’s (DHS) Office of Inspector General and Office of Civil Rights and Civil Liberties.
The ACLU also forwarded its complaint to Arizona’s congressional representatives, the U.S. Department of Justice and Customs and Border Protection (CBP).
At least 15 American citizens have been subjected to unlawful acts by Border Patrol agents at checkpoints in Arizona, the ACLU claims.
“Residents often experience extended interrogation and detention not related to establishing citizenship, unwarranted searches, racial profiling, verbal harassment, and physical assault, among other abuses,” the letter said.
In one instance, a Border Patrol agent drew his gun at a driver, pulled him from his car and handcuffed him for 45 minutes after the individual declined to answer questions unrelated to citizenship.
Another incident saw Border Patrol agents order a driver and passenger from their vehicle, and place them in wire cages while their car was searched—and all because a service dog detected something in another car.
A third case involved a mother of twin six-year-old children being threatened and assaulted by agents for lawfully attempting to record a search of her vehicle following a false canine alert.
All of the aforementioned individuals, as well as others mentioned in the ACLU complaint, were released and never charged with violating immigration or other laws. The ACLU wants the incidents it documented to be investigated.
The group previously filed two other complaints (in April 2012 and October 2013) alleging abuses by Border Patrol agents. To date, it has not received a response from the government about them.
“The ACLU believes the lack of response to widespread civil rights abuses by the nation’s largest federal law enforcement agency is symptomatic of broader oversight failures within CBP and DHS,” it said in a press release.
To Learn More:
Border Patrol Checkpoints in Southern Arizona Violate the Constitutional Rights of Border Residents, ACLU of Arizona Demands Investigation (American Civil Liberties Union of Arizona)
Complaint and Request for Investigation of Abuses at U.S. Border Patrol Interior Checkpoints in Southern Arizona, including Unlawful Search and Seizure, Excessive Force, and Racial Profiling (American Civil Liberties Union of Arizona and American Civil Liberties Union Border Litigation Project) (pdf)
Federal Judge Rules that Border Patrol Does Not Need Reasonable Suspicion to Confiscate Laptops and Phones (by Noel Brinkerhoff, AllGov)
10 Lawsuits Filed against Border Patrol for Abuse (by Matt Bewig, AllGov)

Polls Continue to Show Majority of Americans Against NSA Spying
By Mark M. Jaycox | EFF | January 22, 2014
Update, January 2014: Polls continue to confirm the trend. In a poll conducted in December 2013 by the Washington Post, 66% of Americans were concerned “about the collection and use of [their] personal information by the National Security Agency.” Americans aren’t only concerned about the collection. A recent Pew poll found—yet again—that a majority of Americans oppose the government’s collection of phone and Internet data as a part of anti-terrorism efforts.
Since Americans are both concerned with, and opposed to, the spying, it’s no surprise that they also want reform. In a November 2013 poll by Anzalone Liszt Grove Research,1 59% of respondents noted that they wanted surveillance reform and 63% said they wanted more oversight of the spying programs. While these polls focused on the larger population of Americans, a Harvard University Insitute of Politics poll focusing on younger Americans (aged 18-29 years old) reaffirmed younger Americans are both wary of the NSA’s activities and that a majority do not want the government to collect personal information about them.
Shortly after the June leaks, numerous polls asked the American people if they approved or disapproved of the NSA spying, which includes collecting telephone records using Section 215 of the Patriot Act and collecting phone calls and emails using Section 702 of the Foreign Intelligence Surveillance Act. The answer then was a resounding no, and new polls released in August and September clearly show Americans’ increasing concern about privacy has continued.
Since July, many of the polls not only confirm the American people think the NSA’s actions violates their privacy, but think the surveillance should be stopped. For instance in an AP poll, nearly 60 percent of Americans said they oppose the NSA collecting data about their telephone and Internet usage. In another national poll by the Washington Post and ABC News, 74 percent of respondents said the NSA’s spying intrudes on their privacy rights. This majority should come as no surprise, as we’ve seen a sea change in opinion polls on privacy since the Edward Snowden revelations started in June.
What’s also important is that it crosses political party lines. The Washington Post/ABC News poll found 70 percent of Democrats and 77 percent of Republicans believe the NSA’s spying programs intrude on their privacy rights. This change is significant, showing that privacy is a bipartisan issue. In 2006, a similar question found only 50 percent of Republicans thought the government intruded on their privacy rights.
Americans also continue their skepticism of the federal government and its inability to conduct proper oversight. In a recent poll, Rasmusson—though sometimes known for push polling—revealed that there’s been a 30 percent increase in people who believe it is now more likely that the government will monitor their phone calls. Maybe even more significant is that this skepticism carries over into whether or not Americans believe the government’s claim that it “robustly oversees” the NSA’s programs. In a Huffpost/You Gov poll, 53 percent of respondents said they think “the federal courts and rules put in place by Congress” do not provide “adequate oversight.” Only 18 percent of people agreed with the statement.
Americans seem to be waking up from its surveillance state slumber as the leaks around the illegal and unconstitutional NSA spying continue. The anger Americans—especially younger Americans—have around the NSA spying is starting to show. President Obama has seen a 14-point swing in his approval and disapproval rating among voters aged 18-29 after the NSA spying.
These recent round of polls confirm that Americans are not only concerned with the fact that the spying infringes their privacy, but also that they want the spying to stop. And this is even more so for younger Americans. Now is the time for Congress to act: join the StopWatching.Us coalition.
- 1. Full disclosure: Mark M. Jaycox previously worked for Grove Insight, the polling firm that later became Anzalone Liszt Grove Research.

Ashton continues to support Egyptian regime and expresses satisfaction about the referendum
MEMO | January 21, 2014
The European Union High Representative for Foreign Policy Catherine Ashton has said that the EU is pleased with the results of last week’s constitutional referendum in Egypt.
In an interview with Al-Jazeera English, Ashton suggested that the referendum was an important step towards returning to the path of democracy.
The referendum was boycotted by the Muslim Brotherhood and other political forces opposed to the military coup that ousted Egypt’s first democratically elected government on 3 July 2013. In the lead up to the referendum, activists campaigning for a “no” vote were harassed and arrested, and during the two-day election several protesters were even killed.
While Ashton noted that the democratic transition must include everyone, she made an exception for those who support “violence” or “terrorism”.
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What President Obama’s Surveillance Speech Should Have Addressed
By Frank Pasquale · Concurring Opinions · January 21, 2014
In his recent speech on surveillance, President Obama treated the misuse of intelligence gathering as a relic of American history. It was something done in the bad old days of J. Edgar Hoover, and never countenanced by recent administrations. But the accumulation of menacing stories—from fusion centers to “joint terrorism task forces” to a New York “demographics unit” targeting Muslims—is impossible to ignore. The American Civil Liberties Union has now collected instances of police surveillance and obstruction of First Amendment‐protected activity in over half the states. From Alaska (where military intelligence spied on an anti-war group) to Florida (where Quakers and anti-globalization activists were put on watchlists), protesters have been considered threats, rather than citizens exercising core constitutional rights. Political dissent is a routine target for surveillance by the FBI.
Admittedly, I am unaware of the NSA itself engaging in politically driven spying on American citizens. Charles Krauthammer says there has not been a “single case” of abuse. But the NSA is only one part of the larger story of intelligence gathering in the US, which involves over 1,000 agencies and nearly 2,000 private companies. Moreover, we have little idea of exactly how information and requests flow between agencies. Consider the Orwellian practice of “parallel construction.” Reuters has reported that the NSA gave “tips” to the Special Operations Division (SOD) of the Drug Enforcement Administration, which also shared them with the Internal Revenue Service.
The legal status of such information sharing is murky at best: the national security data is not supposed to be used for law enforcement purposes. Apparently the SOD sidestepped these niceties by re-creating criminal investigations from scratch, fabricating alternative grounds for suspecting the targets. Thus the “parallel construction” of two realities for the law enforcers: one actual, secret record of how targets were selected, and another specially crafted for consumption by courts. Two senior Drug Enforcement Administration officials defended the program and called it legal, but did not disclose their reasoning. At present, the practice looks like little more than intelligence laundering. Five senators asked the Department of Justice to assess the legality of “parallel construction;” it has yet to respond.
I have little doubt that the DEA used parallel construction in cases involving some pretty nasty characters. It must be tempting to apply “war on terror” tactics to the “war on drugs.” Nevertheless, there are serious legal and ethical concerns here. One of the American revolutionaries’ chief complaints against the British Crown was the indiscriminate use of “general warrants,” which allowed authorities to search the homes of anyone without particularized suspicion they had committed a crime. Thus the 4th Amendment to the US Constitution decrees that “no Warrants shall issue, but upon probable cause.” Law enforcers aren’t supposed to set up “dragnet surveillance” of every communication, or use whatever data stores are compiled by the National Security Agency, unless there is a true security threat.
Between 1956 and 1971, the FBI’s COINTELPRO program engaged in domestic covert action designed to disrupt groups engaged in the civil rights, antiwar, and communist movements. As Lawrence Rosenthal has observed, “History reflects a serious risk of abuse in investigations based on the protected speech of the targets,” and politicians at the time responded. Reviewing intelligence agency abuses from that time period, the Church Committee issued a series of damning reports in 1975-76, leading to some basic reforms. If a new Church Committee were convened, it would have to cover much of the same ground. Moreover, it would need to put in place real safeguards against politicized (or laundered) domestic intelligence gathering. Those are presently lacking. I have yet to find a case where the parties involved in any of the intelligence politicization (or laundering) were seriously punished. Nor have I seen evidence that the victims of such incidents have received just compensation for the unwarranted intrusion on their affairs.
Before we can develop better surveillance policy, we need something like a Truth and Reconciliation Commission to review (and rebuke) the politicization of intelligence gathering post-9/11. Too many privacy activists have been unwilling to admit the persistence of catastrophic threats that may only be detected by spies. But the US government has been even less moored to reality, unwilling to admit that a runaway surveillance state has engaged in precisely the types of activities that the Bill of Rights is designed to prevent. To have a debate about the proper balance between liberty and security, we need to confront the many cases where misguided intelligence personnel spied on activists with neither goal in mind.
Frank Pasquale is Professor of Law at the University of Maryland. His research agenda focuses on challenges posed to information law by rapidly changing technology, particularly in the health care, internet, and finance industries. Frank accepts comments via email, at pasqresearch@gmail.com.
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OBAMA NOMINATES “WAR CRIMINAL” BARRON TO FIRST CIRCUIT COURT
By Sherwood Ross | Aletho News | January 22, 2014
David Barron, a Harvard law professor who gave President Obama the green light for his illegal global drone attacks, has been nominated by Obama for a seat on the U.S. First Circuit Court of Appeals.
“Barron (co-authored) the infamous Justice department opinion authorizing Obama’s murder of U.S. citizens,” says distinguished international legal authority Francis Boyle of the University of Illinois, Champaign. “It’s a payback.”
“This is a total disgrace. If approved, we will have a murderer and a war criminal sitting on the U.S. First Circuit,” Boyle said. The First District, headquartered in Boston, Mass., includes the states of Massachusetts, Maine, New Hampshire and Rhode Island as well as Puerto Rico.
As a result of Barron’s opinion, Boyle says, “We know that at least three U.S. citizens were murdered in Yemen, including (Islamic cleric Anwar) Awlaki of Las Cruces, N.M., and his 16-year-old son Abdulrahman al-Awlaki,” of Denver, Co., and one other. Still another American citizen was also executed without trial in Pakistan, Boyle said.
Barron co-wrote the June, 2010, legal opinion rationalizing the illegal airstrikes as a member of Justice Department’s Office of Legal Counsel. He was joined by Martin Lederman, a deputy assistant Attorney General in that office.
“So here Barron and Lederman deliberately and maliciously write a get out of jail free card for Obama so that he can murder U.S. citizens, which he does,” Boyle says. “Barron is thus an enabler and accessory before the fact to murder and war crimes” and thus a principal in the first degree with Obama. Accordingly, Boyle says, “Barron is neither fit nor qualified to serve as a Judge on the First Circuit…” a post which would make him a prime candidate for a U.S. Supreme Court seat.
The Barron memo justifies the murder of U.S. citizens without due process of law, in violation of the Bill of Rights and the Fifth Amendment, Boyle says. The precise wording of Amendment V states “No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury…nor be deprived of life, liberty, or property, without due process of law…”
If Obama’s nomination is approved, Boyle says, “we will have a murderer and war criminal sitting on the U.S. First Circuit and perhaps some day on the U.S. Supreme Court.”
According to the impartial Bureau of Investigative Journalism, London, since 2004 the total number of CIA drone strikes in Pakistan is 381, 330 of them launched by President Obama. BIJ gives the following figures for the period:
Total killed: 2,537-3,646
Civilians killed: 416-951
Children killed: 168-200
Injured: 1,128-1,557
(Sherwood Ross is an award-winning reporter and poet based in Miami who writes on foreign and domestic affairs and runs a PR firm “for good causes.” Reach him at sherwoodross10@gmail.com)

America’s most popular prescription sleep medication linked to mass shootings
RT | January 20, 2014
A new report describing the bizarre and dangerous side effects of the sleep aid Ambien has once again raised questions about one of the United States’ most popular prescription drugs.
In a story by the Fix, Allison McCabe chronicled the numerous cases in which Ambien has caused individuals to commit unsafe, and sometimes deadly acts.
In 2009, 45-year-old Robert Stewart was convicted on eight charges of second-degree murder after he killed eight people in a nursing home. He was originally charged with first-degree murder, but by claiming his tirade was Ambien-induced he was able to have the charges lessened and sentenced to 142-179 years in prison.
In a similar case, Thomas Chester Page of South Carolina was sentenced on five counts of attempted murder despite his claims that Ambien was the cause of a shootout with officers. He received 30 years of prison on each count, to be served concurrently.
Although the Food and Drug Administration approved Ambien in 1992, its warning labels have changed significantly over the last two decades as evidence mounted documenting the drug’s ability to induce dangerous behavior.
“After taking AMBIEN, you may get up out of bed while not being fully awake and do an activity that you do not know you are doing,” the label currently reads. “The next morning, you may not remember that you did anything during the night… Reported activities include: driving a car (“sleep-driving”), making and eating food, talking on the phone, having sex, sleep-walking.”
In the courtroom, cases related to Ambien use have ranged from shootings to child molestation charges to car accidents. In one such case, flight attendant Julie Ann Bronson from Texas ran over three people – including an 18-month old who suffered from brain damage as a result. When Bronson woke up in jail the next morning, she could barely comprehend what she had done.
“It was surreal. It was like a bad dream,” she said in May 2012. “I did the crime but I never intended to do it. I wouldn’t hurt a flea. And if I would have hit somebody, I would have stopped and helped. We’re trained in CPR.” Bronson pleaded guilty to the felony charges, but also received lesser charges by citing Ambien as the reason for her actions.
While some drug companies work on sleep aids that do not induce the kind of unpredictable and risky behavior Ambien does, the popularity of the medication raises concern over America’s prescription drug culture. The market for sleeping pills is a billion-dollar industry, yet dangerous side effects continue to be reported.
Last year, a report by the Department of Health and Human Services highlighted about 2,200 doctors for suspicious activities such as over-prescribing drugs. More than 700 Medicare doctors were also flagged for issuing what could be seen as “extreme” and potentially harmful prescriptions.
Although the report noted that some prescriptions could have been effective, it added, “prescribing high amounts on any of these measures may indicate that a physician is prescribing drugs which are not medically necessary or that he or she has an inappropriate incentive, such as a kickback, to order certain drugs.”
Soon after that report was issued, the Centers for Disease Control and Prevention found that roughly 18 women a day are dying in the United States due to prescription drug overdose, namely from painkillers like Vicodin and Oxycontin. With women making up 40 percent of all overdose deaths in 2010, these numbers marked a 400 percent increase compared to data from 1999.
The benefits of medication have also been placed under heavy scrutiny when it comes to other health issues, such as attention deficit hyperactivity disorder (ADHD). In December 2013, RT reported that the authors of the primary study promoting medication over behavioral therapy in order to treat ADHD now have serious concerns over their original results.
“I hope it didn’t do irreparable damage,” said one of the stud’s co-authors, Dr. Lilly Hechtman of Montreal’s McGill University. “The people who pay the price in the end is the kids. That’s the biggest tragedy in all of this.”

America on MLK’s Birthday: The Trifecta of Evils
A Black Agenda Radio commentary by executive editor Glen Ford | January 22, 2014
When Dr. Martin Luther King died at the age of 39, he was quite clear about who and what was at the root of human suffering. He believed that “racism, militarism and extreme materialism” were the “giant triplets“ of “interrelated” evil that had to be overcome if society was to be transformed. Dr. King said the United States was host to all three resident evils, and that America reigned as “the greatest purveyor of violence in the world, today.” Forty-six years later, the United States clearly leads the world in all three of Dr. King’s categories of evil. And, we can prove it by the numbers.
It is true that racism is hard to measure, but the effects of racism can be quantified. If a racist government is defined as one that consistently uses its powers in ways that harm a particular racial group, then the U.S. is indisputably the most racist major state in the world. The U.S. prison population is by far the largest on the planet, in sheer numbers and in the proportion of Americans locked up. No other country comes close – which makes the United States the superpower of mass incarceration. America’s police and prison custodial forces dwarf the militaries of most countries – which tells us that militarism is now so deeply embedded in U.S. domestic structures that you can’t tell where the military ends and the police begin. Nearly half of U.S. prisoners are African American, although Blacks are only one-eighth of the total U.S. population. Since Americans make up fully one-quarter of the world’s prison inmates, that means one out of every eight prisoners on the planet is an African American. This could only occur in a thoroughly racist state, whose institutions work overtime to produce the biggest and most racially unbalanced incarceration numbers on Earth. Clearly, America has racism – triple evil number one – covered.
Number two is militarism. The U.S. military budget is almost as large as the military spending of all the world’s other nations, combined. Together, the U.S. and its NATO allies account for more than 70 percent of global weapons spending. At last count, the U.S. spent six times more on war than China, and 11 times more than Russia. In fact, if you count up the U.S. and all of its allies, they are probably responsible for about 90 percent of total moneys spent on war. Therefore, today, 46 years after Dr. King’s death, the United States is not just the greatest purveyor of violence in the world – it is right at the center of just about the totality of militarized violence in the world, today. Which is why a recent international poll shows that the people of the world think the U.S. is the most significant threat to peace.
Finally, the third of the triple evils: extreme materialism. By that, Dr. King meant great disparities in wealth and income. According to the Suisse Global Wealth Databook, wealth is so unevenly distributed in the United States, it no longer resembles a First World country. Of all the rich nations, the U.S. is dead last in terms of material equality.
So, by Dr. Martin Luther King’s measurements, America is in bad shape – more bedeviled by the triple evils than back in his day. In fact, things are much, much worse because…it’s the silence that kills you.
~
BAR executive editor Glen Ford can be contacted at Glen.Ford@BlackAgendaReport.com.
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