Wanted: Dead, Not Alive: The LAPD is Afraid of What Renegade Cop Chris Dorner has to Say
By Dave Lindorff – This Can’t be Happening – 02/10/2013
Let’s not be too quick to dismiss the “ranting” of renegade LAPD officer Chris Dorner.
Dorner, a three-year police veteran and former Lieutenant in the US Navy who went rogue after being fired by the LAPD, has accused Los Angeles Police of systematically using excessive force, of corruption, of being racist, and of firing him for raising those issues through official channels.
By all media accounts, Dorner “snapped” after his firing, and has vowed to kill police in retaliation. He allegedly has already done so, with several people, including police officers and family members of police already shot dead.
Now there’s a “manhunt” involving police departments across California, focusing on the mountains around Big Bear, featuring cops dressed in full military gear and armed with semi-automatic weapons.
Nobody would argue that randomly killing police officers and their family members or friends is justified, but I think that there is good reason to suspect that the things that Dorner claims set him off, such as being fired for reporting police brutality, and then going through a rigged hearing, deserve serious consideration and investigation.
The LAPD has a long history of abuse of minorities (actually the majority in Los Angeles, where whites are now a minority). It has long been a kind of paramilitary force — one which pioneered the military-style Special Weapons and Tactics (SWAT) approach to “policing.”
If you wanted a good example to prove that nothing has changed over the years, just look at the outrageous incident involving LAPD cops tasked with capturing Dorner, who instead shot up two innocent women who were delivering newspapers in a residential area of Los Angeles. The women, Margie Carranza, 47, and her mother, Emma Hernandez, 71 (now in serious condition in the hospital), were not issued any warning. Police just opened fire from behind them, destroying their truck with heavy semi-automatic fire to the point that it will have to be scrapped and replaced. The two women are lucky to be alive (check out the pattern of bullet holes in the rear window behind the driver’s position in the accompanying photo). What they experienced was the tactics used by US troops on patrol in Iraq or Afghanistan, not the tactics that one expects of police. Their truck wasn’t even the right make or color, but LAPD’s “finest” decided it was better to be safe than sorry, so instead of acting like cops, they followed Pentagon “rules of engagement”: They attempted to waste the target.
LAPD officers fired on this car with clear intent to kill (check out the bullet holes behind the driver-seat position). Trouble was, it was the wrong make and wrong color, and instead of Dorner, it was two Latino women, one of whom is now in serious condition from her wounds. No warning was given before the barrage.
Local residents say that after that shooting, which involved seven LAPD officers and over 70 bullets expended, with nobody returning fire, the street and surrounding houses were pockmarked with bullet holes. The Los Angeles Times reports that in the area, there are “bullet holes in cars, trees, garage doors and roofs.”
In roofs?
What we had here was an example of a controversial tactic that the military employed in the Iraq War, and still employs in Afghanistan, called “spray and pray” — a tactic that led directly to the massive civilian casualties during that US war.
We shouldn’t be surprised that two brown-skinned women were almost mowed down by the LAPD–only that they somehow survived all that deadly firing directed at them with clear intent to kill.
The approach taken by those cop-hunting-cops of shooting first and asking questions later suggests that the LAPD in this “manhunt” for one of their own has no intention of capturing Dorner alive and letting him talk about what he knows about the evils rampant in the 10,000-member department. They want him dead.
When I lived in Los Angeles back in the 1970s, it was common for LAPD cops to bust into homes, gestapo-like, at 5 in the morning, guns out, to arrest people for minor things like outstanding court warrants for unpaid parking tickets, bald tires, or jaywalking.
Police helicopters also used to tail me — then an editor of an alternative news weekly — and my wife, a music graduate student, as we drove home at night. Sometimes, they would follow us from our car to front door with a brilliant spotlight, when we’d come home at night to our house in Echo Park. It was an act of deliberate intimidation. (They also infiltrated our newspaper with an undercover cop posing as a wannabe journalist. Her job, we later learned, was to learn who our sources were inside the LAPD — sources who had disclosed such things as that the LAPD had, and probably still has, a “shoot-to-kill” policy for police who fire their weapons.)
Friends in Los Angeles tell me nothing has changed, though of course the police weaponry has gotten heavier and their surveillance capabilities have gotten more sophisticated and invasive.
It is clear from the LAPD’s paramilitary response to the Occupy movement in Los Angeles, which included planting undercover cops among the occupiers, some of whom reportedly were agents provocateur who tried to encourage protesters to commit acts of violence, and which ended with police violence and gratuitous arrests, as in New York, that nothing has changed.
In other words, Dorner may be irrational, but he ain’t crazy.
A black military veteran, Dorner joined the police because he reportedly believed in service. Unable to go along with the militarist policing he saw on the job, he protested through channels and was apparently rewarded by being fired. Now, in his own violent way, he is trying to warn us all that something is rotten in the LAPD, and by extension, in the whole police system in the US. Police departments almost everywhere in the US, have morphed, particularly since 9/11/2001, from a role of providing public safety and law enforcement into agencies of brutal fascist control.
As Dorner says in his lengthy manifesto (actually quite explicit and literate, but described as “ranting” in corporate media accounts), in which he explains his actions and indicts the LAPD, “The enemy combatants in LA are not the citizens and suspects, it’s the police officers.”
That could be said of many US police departments, I’m afraid.
Example: Last fall, I had the experience of trying to hitchhike in my little suburban town. A young cop drove up and informed me (incorrectly, it turns out) that it was illegal to hitchhike in Pennsylvania. When I expressed surprise at this and told him I was a journalist working on an article on hitchhiking, he then threatened me directly, saying that if I continued to try and thumb a ride, he would “take you in and lock you up.”
When I called a lawyer friend and said I was inclined to take the officer up on that threat, since I was within my rights under the law hitchhiking as long as I was standing off the road, he warned me against it, saying, “You don’t know what could happen to you if you got arrested.”
And of course he’s right. An arrest, even a wrongful arrest, in the US these days can lead to an added charge — much more serious — of resisting arrest, with a court basing its judgement on the word of the officer in the absence of any other witnesses. It can also lead to physical injury or worse, if the officer wants to lie and claim that the arrested person threatened him or her.
If I had been in Los Angeles, I would most likely have been locked up for an incident like that. Forget about any warning. You aren’t supposed to talk back to cops in L.A. And if you are black or Latino, the results of such an arrest could be much worse.
I remember once witnessing LAPD cops stopping a few Latino youths who had been joyriding in what might have been a stolen car. There was a helicopter overhead, and perhaps a dozen patrol cars that had converged on the scene, outside a shopping mall in Silverlake. I ran over to see what was happening and watched as the cops grabbed the kids, none of whom was armed, out of the vehicle and slammed them against the car brutally. It was looking pretty ugly, but by then neighbors from the surrounding homes, most of them Latino, who had poured out onto their lawns because of the commotion, began yelling at the cops. One man shouted, “We see what you’re doing. These boys are all healthy. If anything happens to any of them after you arrest them we will report you!”
The cops grudgingly backed off in their attack on the boys, and took them away in a squad car. I don’t know what happened to them after that, but they were most certainly saved, by quick community response, from an on-the-spot Rodney King-style beating that could have seriously injured them, or worse.
As things stand right now, with the LAPD gunning for Dorner, and wanting him dead and silenced, not captured, the public has to worry that it has more to fear from the LAPD than it has to fear from Dorner himself. At least Dorner, in his own twisted way, has specific targets in mind. The LAPD is in “spray and pray” mode.
![Chris Dorner, in happier days, now a fugitive on the run from the LAPD "manhunters"](https://i0.wp.com/www.thiscantbehappening.net/sites/default/files/images/ChrisDorner.jpg "Chris Dorner, in happier days, now a fugitive on the run from the LAPD "manhunters"")
Chris Dorner, in happier days, now a fugitive on the run from the LAPD “manhunters”
Hopefully, Dorner will realize he can do more by figuring out a safe way to “come in from the cold” so he can try to testify about LAPD crimes, than by killing more cops. If he does manage to surrender, he’d better have a lot of support lined up to keep him safe while in custody.
It’s already clear that a lot of people in the LAPD want him dead.
Related articles
- Light on the Dark Side of Dorner’s Rampage (alethonews.wordpress.com)
- Violent LAPD Shoots First at Anything Resembling Suspect’s Car (alethonews.wordpress.com)
Securing the ethnic cleansing of Silwan: Settlements in Wadi Hilweh using Pelco security equipment
Pelco camera system being used by illegal settlement in Silwan
Corporate Watch | February 10, 2013
The Palestinian neighbourhood of Silwan is experiencing harassment and home demolitions at the hands of the Israeli state and settler organisations. This ethnic cleansing is enforced by security companies and surveillance technology and facilitated by revenue from international donors and from tourism. Corporate Watch will be writing a series of articles over the coming months exposing the companies and charities carrying out this ethnic cleansing and those organisations who are funding it and profiting from it.
The communities of Wadi Hilweh and Al Bustan in Silwan in East Jerusalem are watched over by hundreds of Closed Circuit Surveillance (CCTV) cameras installed by settlers and the settler/colonial organisation El Ad.
These cameras watch over the creeping colonisation of the area which has been going on since the 1990s. Much of this has centred around the seizing of Palestinian property by the El Ad organisation and the undermining of the Palestinian community through archaeological excavations carried out by the same organisation with the complicity of the Israeli National Parks Authority and the Israeli antiquities Authority (read more about El Ad and the excavations here).
During the 1990s the Israeli state and the Jewish National Fund gave one third of the land of Wadi Hilweh to El Ad. Since then settlers have moved in and El Ad has used a series of dirty tricks to acquire more and more properties in Wadi Hilweh. At the same time Palestinian homes are subject to demolitions under planning regulations, such as the demolitions that took place on 2nd February 2013.
On Wednesday 23rd and Thursday 24th January 2012 Corporate Watch researchers photographed dozens of Pelco security cameras being used by the settlements in Silwan including those at the El Ad compound close to the ‘City of David’ Visitors Centre in Wadi Hilweh.
The cameras included those in use at the Tirah House settlement, a Palestinian home occupied by Israeli settlers.
Pelco is a manufacturer and supplier of security cameras based in Clovis, California. The company has 2,200 employees worldwide and resellers in 130 coutries.
Since 2007 Pelco has been part of Schneider-Electric, a French multinational company headquartered in Rueil-Malmaison. Schneider-Electric has 130,000 employees and 2011 sales totaling 22.4 billion Euros. It operates in 190 countries.
Schneider-Electric is one of the only companies to have shown interest in the joint French-Palestinian Authority (PA) industrial zone in Bethlehem, the Bethlehem Multidisciplinary Industrial Park. It seems the PA have chosen poor partners for its flagship industrial zone.
Schneider-Electrics global operations are listed here
To contact Pelco click here
For more information on Silwan click here.
Photos taken by Corporate Watch researchers
Related articles
- VIDEO | Demolition in Wadi al-Arababe – Bulldozers and attack dogs in Silwan Jerusalem (occupiedpalestine.wordpress.com)
- Attacks Continue Against Silwan (imemc.org)
- Report: Israeli escalation in detaining children and house demolitions (altahrir.wordpress.com)
- Undercover Forces Kidnap Children, Youths, In Silwan (imemc.org)
In a Major Privacy Victory, Seattle Mayor Orders Police to Dismantle Its Drone Program After Protests
By Trevor Timm | EFF | February 8, 2013
In an amazing victory for privacy advocates and drone activists, yesterday, Seattle’s mayor ordered the city’s police agency to cease trying to use surveillance drones and dismantle its drone program. The police will return the two drones they previously purchased with a Department of Homeland Security grant to the manufacturer.
EFF has been warning of the privacy dangers surveillance drones pose to US citizens for more than a year now. In May of last year, we urged concerned citizens to take their complaints to their local governments, given Congress has been slow to act on any privacy legislation. The events of Seattle proves this strategy can work and should serve as a blueprint for local activism across the country.
Back in early 2012, the Seattle city council was told that the Seattle police agency had obtained an authorization to fly drones from the Federal Aviation Administration (FAA). But they did not find out from the police; they found out from a reporter who called after the council after he saw Seattle’s name on the list obtained by EFF as part of our lawsuit against the FAA.
City council was understandably not happy, and the police agency was forced to appear before the council and apologize. It then vowed to work with the ACLU of Washington and the FAA to develop guidelines to make sure drones wouldn’t violate Seattle citizens’ privacy. But as long as the guidelines weren’t passed in a binding city ordinance, there’d be no way to enforce them.
After a townhall meeting held by police, in which citizens showed up in droves and angrily denounced the city’s plans, some reporters insinuated that city counsel members’ jobs could be on the line if they did not pass strict drone legislation protecting its citizens privacy.
Documents obtained by MuckRock and EFF in October as part of our 2012 drone census showed that the Seattle police were trying to buy two more drones despite the controversy. But that ended yesterday as the Mayor put a stop to the program completely.
Critics of the privacy protests said the participants were exaggerating the capabilities of the Seattle drones, given they would only fly for less than an hour at a time and are much smaller than the Predator drones the military flies overseas and Department of Homeland Security flies at home.
But while Seattle’s potential drones may not have been able to stay in the air for long, similar drones have already been developed and advertised by drone manufacturers with the capability to stay in the air for hours or days at a time. In fact, Lockheed Martin has been bragging about a drone that weights 13.2 pounds (well within the FAA’s weight limits) that can be recharged by a laser on the ground and stay in the air indefinitely.
Since the Seattle protests have heated up, similar complaints have been heard at local city counsels and state legislatures across the country. At least thirteen states are now considering legislation to restrict drone use to protect privacy, and there are also members of Congress on both sides of the aisle pushing the same thing.
Here in the Bay Area, we’ve experienced a similar situation. The Alameda County Sheriff’s Office tried to sneak through drone funding without a public hearing and told the county board of supervisors it only wanted to use the drone for emergency purposes. Yet in internal documents obtained by EFF and MuckRock as part of our 2012 drone census, the Sheriff’s Office said it wanted to use the drone for “suspicious persons” and “large crowd control disturbances.”
When EFF and ACLU held a press conference pointing out this discrepancy, the county backtracked and is now attempting to write privacy guidelines that could potentially be turned into binding law. We will keep you updated on further developments.
But regardless, it’s important that privacy advocates take the lesson from Seattle and apply it all over the country. This is an important privacy victory, and like we said back in May, local governments will listen to our concerns, so let’s make our voice heard.
Press TV announces new frequency for US, Canada viewers
Press TV – February 9, 2013
Press TV has announced a new frequency for viewers in the United States and Canada after the Iranian channel was removed from the Galaxy 19 satellite platform.
The satellite platform provided broadcast services to the viewers of the 24-hour English-language Iranian news channel, and the film channel iFilm in the United States and Canada.
In order to watch Press TV in the US and Canada, viewers can use the following frequency on Galaxy 19:
Frequency 12028 MHz
Polarization H (horizontal polarization)
Symbol rate 21991Msym
FEC 3/4
Press TV, iFilm taken off air in US, Canada
Press TV – February 8, 2013
In another flagrant violation of freedom of speech, Iranian channels Press TV and iFilm have been removed from the Galaxy 19 satellite platform.
The satellite platform provided broadcast services to the viewers of the 24-hour English-language Iranian news channel, Press TV, and the film channel, iFilm, in the United States and Canada.
This is not the first time that Iranian media have been targeted. In January, the Spanish government ordered Madrid’s regional government to stop the broadcast of the Iranian Spanish language channel Hispan TV as of January 21.
The move came a month after the Spanish satellite company, Hispasat, terminated the terrestrial broadcast of Hispan TV.
Hispasat is partly owned by Eutelsat, whose French-Israeli CEO is blamed for the recent wave of attacks on Iranian media in Europe.
Back then, the move was immediately welcomed by the American Jewish Committee (AJC), which called it an important development in worldwide efforts to contain Iran’s media influence.
AJC Executive Director David Harris has acknowledged that the committee had for months been engaged in discussions with the Spaniards over taking Iranian channels off the air. … Full article
Related articles
- Zionist lobbies seek to restrict Press TV activities in US: Analyst (alethonews.wordpress.com)
- Hispasat orders Overon to take Press TV, Hispan TV off air (alethonews.wordpress.com)
International Finance Corporation invests $2.9 billion in the Middle East and North Africa
MEMO | February 7, 2013
International Finance Corporation invests $2.9 billion in the Middle East and North AfricaFigures released by the International Finance Corporation show that its investments for the fiscal year 2012 in the Middle East and North Africa have reached a record $2.9 billion. Fifty-seven projects have been supported across 12 countries as part of the Corporation’s efforts to restore investors’ confidence in the region, with a focus on the long-term possibilities after the end of the political crises. It is the IFC’s highest annual commitment in the region to date, representing a 21 per cent increase over 2011.
Twenty-five advisory projects were launched with a total value of $17.6 million to improve opportunities for obtaining access to finance and strengthen corporate governance and practices of small and medium enterprises. Almost $600 million has been pumped into infrastructure projects in the MENA region. One IFC initiative is the Arab Financing Facility for Infrastructure (AFFI), established in partnership with the World Bank and the Islamic Development Bank to encourage infrastructure investment.
In order to address what it calls the “the mismatch between the needs of the labour markets and the education outcomes in the Arab World”, the IFC pointed to the launch of the e4e (Education for Employment) initiative for Arab youth in Egypt, Jordan, Tunisia and Morocco, in collaboration with the Islamic Development Bank. The e4e team has also sought and received funding for the project from Britain’s Department for International Development among other donors.
Related article
Obama and Co. Make Up the Law as They Kill
A Black Agenda Radio commentary by BAR executive editor Glen Ford | February 6, 2013
Unlike the bombast that characterized the Bush administration’s assaults on U.S. and international law, the Obama regime tends to dribble out its rationales for gutting the Bill of Rights and every notion of global legality. This president prefers to create a fog – let’s call it the fog of his war against human rights – as he arrogates to himself the power to perpetually imprison or to summarily execute anyone, at any time, anywhere in the world. Obama assures us such authority is constitutionally rooted – it’s in there, believe me, he tells us – but he never produces legal chapter and verse to prove that presidential dictatorship is lawful. Instead, we get dribs and drabs of the administration’s position from lawyers defending Obama’s preventive detention law in the courts, or from informal statements by the attorney general, or even little tidbits gleaned from an Obama conversation with comedian Jon Stewart.
The latest hors d’oeuvre to be dished out comes in the form of a leak. I say “dished out” because leaked documents are commonly placed in public view by the administration in power, to test the political waters. This leaked Justice Department “white paper” appears to have been drawn up after the execution-by-drone of U.S. citizen Anwar Awlaki, in Yemen. It justifies the killing of anyone occupying a position of status in al-Qaida, or with the ever-changing universe of groups said to be “associated” with al-Qaida. The document stretches the definition of “imminent threat” to cover anyone engaged in activities directed against the U.S., whether or not an actual operation is planned or in progress. Most interestingly, the white paper empowers Obama to delegate the kill-at-will authority to “an informed, high-level official of the U.S. government.” Which has a certain logic, since dictators certainly have the power to delegate the carrying out of their unjust acts to whomever they choose.
Eleven U.S. senators are asking for further clarification of the administration’s legal position. But that is just more fog, since the Congress overwhelmingly passed Obama’s preventive detention law – twice!! – a law based on the same assumption that due process of law does not apply when the president says it’s wartime. Therefore, the commander-in-chief can lock up any American, without charge or trial, forever, or until he declares peace. The U.S. attorney general, Eric Holder, has made the administration’s position clear enough. Due process, he says, does not necessarily mean access to the judicial process – meaning, a trial. The process is whatever the president or the nearest “informed, high-level official of the U.S. government” says it is. Obama had redefined war, itself. The president told the Congress, after bombing Libya for eight months, that by his definition – which is the only one that counts – no state of war exists unless Americans become casualties, even if the U.S. kills tens of thousands, or millions. Dr. Martin Luther King Jr. was fond of saying that the arc of history bends towards justice. In the long term, that may be true. But Martin’s arc is not bending towards justice under this administration. It bends towards fascism, with a Black presidential face.
Glen Ford can be contacted at Glen.Ford@BlackAgendaReport.com.
Related article
- White Paper Asserts Obama Administration May Kill Americans Without Due Process (news.firedoglake.com)
A quarter of countries supported CIA in torturing, detaining individuals: report
Al-Akhbar | February 5, 2013
Fifty-four countries were said to have co-operated with the United States in the the illegal kidnapping, detention, torture, and abuse of “suspected terrorists” after the 9/11 attacks in 2001.
A 213-page report titled “Globalizing Torture: CIA Secret Detention and Extraordinary Rendition” was published in February by the Open Society Justice Initiative (OSJI), a New York-based human rights organization.
After 2001, the United States had authorized the establishment of “black sites” outside of their territories, where “enhanced interrogation techniques” were used, under the “secret detention program.”
The CIA also began engaging in the transfer of foreign government detainees, without legal process, for detention and interrogation. This is known as “extraordinary rendition.”
Torture and abuse were signature characteristics of both the detention program and of the extraordinary rendition program.
Methods included “insult slaps,” confining the individual to a box, sleep deprivation, dousing the prisoner in water, and forced nudity while their arms were held extended and chained above their heads.
Waterboarding is a technique that was authorized by the Justice Department’s Office of Legal Counsel (OLC) where the individual was made to feel like he/she was drowning. In this “enhanced interrogation technique,” water is poured over an immobilized individual’s face, blocking breathing passages.
Egypt was said to be “the country to which the greatest numbers of rendered suspects have been sent [by the U.S.],” according to OSJI.
Egyptians detained, interrogated, tortured, and abused several people and assisted in transferring individuals under the program, allowing the CIA to use their airspace and airports.
Jordan was involved in a similar manner.
Saudi Arabia detained individuals prior to and after they were subjected to extraordinary rendition or to the secret CIA detention. Further investigation has not been possible.
The Iranian government was said to have transferred fifteen individuals to the government of Afghanistan, ten of which were then transferred to the United States.
“Today, more than a decade after September 11, there is no doubt that highranking Bush administration officials bear responsibility for authorizing human rights violations associated with secret detention and extraordinary rendition,” according to OSJI.
Responsibility does not end there however, the report said, as more than a quarter of the world’s nations offered covert support, thus facilitating such human rights abuses.
OSJI insisted that the Obama administration did not end extraordinary rendition, but instead chose to rely on “anti-torture diplomatic assurances from recipient countries and post-transfer monitoring of detainee treatment.”
Several outed incidents have shown that these measures were not effective.
The report lists the 54 countries involved in the programs by torturing, detaining, interrogating, and abusing individuals; hosting “black sites” on their territories; permitting the secret flights transporting captives to use their airspace and airports; providing information that lead to the extraordinary rendition or secret detention of individuals; and by interrogating individuals secretly held captive by other other governments.
Countries in the Middle East and North African region that were involved with the CIA in their post-9/11 activities include: Algeria, Egypt, Iran, Jordan, Libya, Saudi Arabia, Syria, United Arab Emirates, and Yemen.
The other countries listed include: Afghanistan, Albania, Australia, Austria,Morocco, Azerbaijan, Belgium, Bosnia-Herzegovina, Canada, Croatia, Cyprus, the Czech Republic, Denmark, Djibouti, Ethiopia, Finland, Gambia, Georgia, Germany, Greece, Hong Kong, Iceland, Indonesia, Ireland, Italy, Kenya, Lithuania, Macedonia, Malawi, Malaysia, Mauritania, Pakistan, Poland, Portugal, Romania, Somalia, South Africa, Spain, Sri Lanka, Sweden, Thailand, Turkey, United Kingdom, Uzbekistan, and Zimbabwe.
“Torture is not only illegal and immoral, but also ineffective for producing reliable intelligence,” the report said.
“Indeed, numerous professional U.S. interrogators have confirmed that torture does not produce reliable intelligence, and that rapport-building techniques are far more effective at eliciting such intelligence,” said OSJI.
~
Globalizing Torture: CIA Secret Detention and Extraordinary Rendition
Open Society Justice Initiative, Feb 2013
Download the 216-page report (1.08 MB pdf)
Justice Department White Paper Details Rationale for Targeted Killing of Americans
Document Outlines Government’s Claimed Authority to Kill American Citizens Outside Combat Zones
ACLU | February 4, 2013
NEW YORK – A Justice Department white paper argues that the government has the right to carry out the extrajudicial killing of American citizens that the government believes are affiliated with a terrorist organization, according to the document posted tonight on NBCNews.com. The white paper summarizes a memo prepared in 2010 by the Justice Department’s Office of Legal Counsel (OLC) to justify the targeting of U.S. citizen Anwar Al-Awlaki.
“This is a profoundly disturbing document, and it’s hard to believe that it was produced in a democracy built on a system of checks and balances. It summarizes in cold legal terms a stunning overreach of executive authority – the claimed power to declare Americans a threat and kill them far from a recognized battlefield and without any judicial involvement before or after the fact,” said Hina Shamsi, director of the ACLU’s National Security Project.
“But this briefing paper is not a substitute for the 50-page legal memo on which it’s based. When the executive branch seeks to give itself the unilateral authority to kill its own citizens, a summary of its argument is no substitute for the argument itself. Among other things, we need to know if the limits the executive purports to impose on its killing authority are as loosely defined as in this summary, because if they are, they ultimately mean little. President Obama rightly released the Bush-era OLC torture memos and he should now hold his own administration to the same standard by releasing its killing memo.”
Tomorrow, the American Civil Liberties Union and the Center for Constitutional Rights will file a court brief arguing against the government’s attempt to dismiss their lawsuit challenging the targeted killing of Al-Awlaki and two other Americans in Yemen in 2011, Al-Awlaki’s 16-year-old son Abdulrahman and Samir Khan.
The OLC memo summarized by the white paper is one of the documents sought by the ACLU’s pending Freedom of Information Act lawsuit. That case was dismissed last month by a federal judge in New York, and last Friday the ACLU filed a notice of appeal. The government argued that the requested documents cannot be released, despite the fact that government officials have talked publicly on numerous occasions about Al-Awlaki’s killing and the targeted killing program in general.
The D.C. Circuit Court of Appeals is currently considering another FOIA lawsuit filed by the ACLU seeking other information on the U.S. targeted killing program, including its legal basis, scope, and number of civilian casualties caused by drone strikes. The court heard oral argument in September.
An in-depth analysis of the DOJ white paper in a blog post written by ACLU Deputy Legal Director Jameel Jaffer is at:
www.aclu.org/blog/national-security/justice-department-white-paper-details-rationale-targeted-killing-americans
Information on the ACLU’s targeted killing lawsuits is at:
www.aclu.org/national-security/targeted-killings
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EFF to Supreme Court: Blanket DNA Collection Violates Fourth Amendment
Law Enforcement Should Not Gather Genetic Information Without a Warrant
EFF | February 4, 2013
San Francisco – The Electronic Frontier Foundation (EFF) urged the Supreme Court Friday to block DNA collection from everyone arrested for a crime, arguing that law enforcement must get a warrant before forcing people to give samples of their genetic material.
EFF’s amicus brief was filed Friday in Maryland v. King – a case challenging a law in the state of Maryland that requires DNA collection from all arrestees, whether they are ultimately convicted of a crime or not. Maryland officials claim that DNA is necessary for definitive identification, but they do not use the sample to “identify” the arrestee. Instead, they use the sample for other investigatory purposes – retaining and repeatedly accessing the wealth of personal information disclosed by an individual’s genetic material despite lacking individualized suspicion connecting the arrestee to another crime. This violates the Fourth Amendment.
“Your DNA is the roadmap to an extraordinary amount of private information about you and your family,” said EFF Staff Attorney Jennifer Lynch. “It contains data on your current health, your potential for disease, and your family background. For government access to personal information this sensitive, the Fourth Amendment requires a warrant.”
In addition to Maryland, 27 states and the federal government have laws that mandate DNA collection from anyone arrested, even if they are not yet convicted of a crime. EFF has filed amicus briefs in a number of cases challenging these unconstitutional laws. Meanwhile, the Supreme Court has shown increasing sensitivity to the power of sophisticated technology to undermine traditional privacy protections.
“Let’s say you were picked up by police at a political protest and arrested, but then released and never convicted of a crime. Under these laws, your genetic material is held in a law enforcement database, often indefinitely,” said EFF Senior Staff Attorney Lee Tien. “This is an unconstitutional search and seizure.”
The Supreme Court is set to hear arguments in Maryland v. King later this month.
For the full brief in Maryland v. King:
https://www.eff.org/document/amicus-brief-16
Contacts:
Jennifer Lynch
Staff Attorney
Electronic Frontier Foundation
jlynch@eff.org
Lee Tien
Senior Staff Attorney
Electronic Frontier Foundation
tien@eff.org
Related Cases
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‘US a police state, Obama consciously allows torture’ – CIA veteran John Kiriakou
RT | February 1, 2013
Ten years ago, the idea of the US government spying on its citizens, intercepting their emails or killing them with drones was unthinkable. But now it’s business as usual, says John Kiriakou, a former CIA agent and torture whistleblower.
Kiriakou is now awaiting a summons to start a prison sentence. One of the first to confirm the existence of Washington’s waterboarding program, he was sentenced last week to two-and-a-half years in jail for revealing the name of an undercover agent. But even if he had another chance, he would have done the same thing again, Kiriakou told RT.
RT: The judge, and your critics all seem to believe you got off lightly. Would you say you got off lightly?
JK: No, I would not say I got off lightly for a couple of very specific reasons. First of all, my case was not about leaking, my case was about torture. When I blew the whistle on torture in December 2007 the justice department here in the US began investigating me and never stopped investigating me until they were able to patch together a charge and force me into taking a plea agreement. And I’ll add another thing too, when I took the plea in October of last year, the judge said that she thought the plea was fair and appropriate. But once the courtroom was packed full of reporters last Friday she decided that it was not long enough and if she had had the ability to she would have given me ten years.
RT: And why did you, a decorated CIA officer, take such a strong stance against an agency policy? Did you not consider that there might be some come-back?
JK: I did. I took a strong stance and a very public one and that’s what got me into trouble. But honestly the only thing I would do differently is I would have hired an attorney before blowing the whistle. Otherwise I believe firmly even to this day I did the right thing.
RT: You have called it ironic that the first person to be convicted with regards to the torture program is the man who shed light on it. Do you believe the others, who put the program together, will ever face justice?
JK: I don’t actually. I think that president Obama just like president Bush has made a conscious decision to allow the torturers, to allow the people who conceived of the tortures and implemented the policy, to allow the people who destroyed the evidence of the torture and the attorneys who used specious legal analysis to approve of the torture to walk free. And I think that once this decision has been made – that’s the end of it and nobody will be prosecuted, except me.
RT: When you initially came out against torture, you said it was impractical and inefficient. Did you consider it immoral initially?
JK: I said in 2002 that it was immoral. When I returned from Pakistan to CIA headquarters early in the summer 2002, I was asked by a senior officer in the CIA’s counter-terrorist center if I wanted to be trained in the use of torture techniques, and I told him that I had a moral problem with these techniques. I believed that they were wrong and I didn’t want to have anything to do with the torture program.
RT: It’s no secret that Obama’s administration has been especially harsh on whistleblowers. But can the US afford leniency, in these security-sensitive times?
JK: I think this is exactly what the problem is. In this post 9/11 atmosphere that we find ourselves in we have been losing our civil liberties incrementally over the last decade to the point where we don’t even realize how much of a police state the United States has become.
Ten years ago the thought of the National Security Agency spying on American citizens and intercepting their emails would have been anathema to Americans and now it’s just a part of normal business.
The idea that our government would be using drone aircraft to assassinate American citizens who have never seen the inside of a courtroom, who have never been charged with a crime and have not had due process which is their constitutional right would have been unthinkable. And it is something now that happens every year, every so often, every few weeks, every few months and there is no public outrage. I think this is a very dangerous development.
RT: Obama’s tough stance, and harsh punishments for whistleblowers, has sent a message. Is he winning his fight against those who speak out?
JK: I don’t think he is winning this fight against whistleblowers, at least not over the long term, and I’ll tell you why.
President Obama has now charged seven people with violations of the Espionage Act. All previous presidents in American history combined only charged three people with violating the Espionage Act. And the Espionage Act is a WWI-era act that was meant to deter German saboteurs during that First World War. And now it is being used to silence critics of the government.
But so far all seven of these cases that have made their way into a courtroom have either collapsed of have been dismissed, including mine. All of the three espionage charges against me were dropped.
So, I think frankly the Obama administration is cheapening the Espionage Act. The Espionage Act should be used to prosecute spies and traitors, not to prosecute whistleblowers or people who are exercising their first amendment right to free speech.
RT: Do we still need whistleblowers? Are we going to see more of them coming out?
JK: I think we will see more whistleblowers and I think we need whistleblowers now more than ever before. Whether it’s in national security or whether it is in the banking industry, the American people have a right to know when there is evidence of waste, fraud, abuse, or illegality. If the Justice Department is not going to prosecute these cases, at the very least the American people need to know.
For First Time, Most Americans Believe Federal Government Threatens Personal Freedoms
By Noel Brinkerhoff | AllGov | February 02, 2013
Distrust of the U.S. government has reached an all-time high among Americans, a majority of whom now say Washington represents a threat to their personal freedoms.
According to a new poll by the Pew Research Center for the People & the Press, 53% of respondents said the federal government threatens their own personal rights and freedoms. Those disagreeing numbered 43%.
The percentage of those viewing the government as a threat represents a six-point increase from nearly three years ago, when 47% said they felt that way, and a 23% jump from November 2001, when Americans rallied around their government following the terrorist attacks of September 11, 2001.
Conservative Republicans are the largest group who distrust Washington, with 76% expressing fear for their personal freedoms. A majority (54%) described the government as a “major” threat.
Three years ago, 62% of conservative Republicans said the government was a threat to their freedom, while 47% said it was a major threat, according to the Pew survey.
Meanwhile, only 38% of Democrats see the government as a threat to personal rights and freedoms, with 16% viewing it as a major threat.
Among gun owners, 62% see the government as a threat, compared with 45% of those without guns.
Mahmoud Sarsak – Palestinian International Footballer
Free Gaza Scotland | January 29, 2013
On Wednesday 23rd of January I with other members of our group had the pleasure and honour to meet Mahmoud Sarsak in our appartment. He is a slight, quietly spoken young man, with a gentle manner and his good humour and patience with our questioning betray none of the pain he has suffered over the last 3 and a half years. When he begins to speak about his experience of imprisonment he tells his story with a matter of fact, quiet sincerity that is striking and makes the horror of his experience all the more shocking.
Mahmoud was 21 years old, at the start of a playing career which had already seen him being recognised as one of the best young prospects in Palestine, already a regular for the Palestinian National side. He had an invitation to play for a football team in Nablus in the West Bank. This meant that he had to ask for permission from the Israelis to cross from Gaza through Erez crossing into Israel in order to travel on to the West Bank. This did not worry him as it was a trip he had already done twice before and when he recieved his permission he went to the crossing looking forward to the opportunity of playing in Nablus. However when he got to Erez at 9am on the 22nd July 2009 his whole world changed, instead of being allowed to cross he was arrested and taken to a Police Station, from here his family were called and informed that he was being taken to Ashkelon Jail.
He was made to take off his clothes and change into overalls, an ‘under investigation uniform’. He describes how for the first 18 days he was tied to a chair with his eyes covered, the only times he was untied was when he was given food and they untied his hands or when he was allowed to go to the toilet when his legs were untied. He explains that during this time he was kept awake, not fed properly and questioned daily, every 4 days he was taken to a court where a judge gave permission for him to be held for a further 4 days. This treatment he says ‘wasn’t so bad’ in comparison with what was to come although I think that most people would call it torture.
At the end of that 18 days he was taken to a Military Jail in the South where he was kept for 6 days and his treatment became much worse. He was beaten regularly and was put in what he described as a fridge, he also had very hot and very cold water put under his feet. During all of this time in both places he was questioned, his interrogators were wanting him to say that he had been involved in ‘activities against Israel’. He didn’t understand what they meant by this, he was a footballer, he had not been involved in anything else and so refused to make things up to make his interrogators happy. He had no idea why he had been arrested.
At the end of these 6 days he was taken back to a civilian jail for another 11 days where suddenly things got much better. He was fed and allowed to sleep properly, his captors became very friendly offering him his freedom, a new house, a salary, a car, access to proper training facilities to help his playing career and foreign travel. All he had to do was become a collaborator. He refused, which provoked many serious threats from his Israeli interrogators. They told him that they would burn his family home down, attack his family and kill his brothers. Despite the pressures upon him and his ordeal so far, he continued to refuse to collaborate.
Except for short visits to court when his lawyer was present, during this initial 35 days of incarceration he had absolutely no contact with anyone but his jailors and interrogators. His lawyer told him that he was going to be all right, the court had said he was going to be released. Instead he was told by a Military Officer that he was now being held under ‘The Law of An Illegal Fighter’ and that they no longer needed to go to court to ask permission to keep him. He was then taken to Kitseot Jail near Bersheva where at least he could see other prisoners and his time of interrogation was over. He asked the other prisoners what this ‘Law of an Illegal Fighter’ meant but none of them had ever heard of it. When he was finally allowed access to his lawyer and was able to ask him he was told that it was a law that the Israeli authorities use when they have nothing against you but they want to hold onto you. He then asked his lawyer what rights he had under this law and was told that he had none, he could now be held in jail for as long as the Israeli Military wanted to keep him.
Mahmoud was the first Palestinian who had been held under this law, the only other people he knows of who had previously been held under it were 2 Hizbollah members from Lebanon who were arrested in 1982. He thinks that because he had no rights he was put in a cell which was 2m x 1m for his time in Kitseot, this cell had only a matress and toilet in it and he developed chest, skin and back problems while there. He was not taken to a hospital while there, and was only seen briefly by a prison doctor for these problems. He was allowed out of his cell for 1 hour a day for exercise with his fellow prisoners when he played football with them.
On the 22nd of February 2010 Mahmoud was taken to Tel Aviv for a court hearing to extend his imprisonment and then to another court hearing for the decision in Jerusalem two weeks later. The journey to court and between jails is in what the prisoners call a ‘post bus’ which is metal bus with steel compartments in which you are jostled and hit off the steel walls. He knew before he was taken to the second hearing that he was going to be held for another six months. After this hearing he was also barred from playing football with his fellow prisoners for that precious hour in the mornings and was told that this was due to his back being too bad. At this time they also started to move him between prisons every 2 months and he was still taken to court every 6 months in order to have his stay in prison extended.
On the 23rd of August 2011 he was told that he was going to be released, he was happy and said goodbye to the other prisoners. He was taken by ‘post bus’ to Erez, his hands and legs were not tied as they usually were, the window was open and when he got there they opened the door of the prison van and the guards moved away talking among themselves. He stayed where he was as he didn’t know what was happening and he didn’t want to be shot if they thought he was trying to escape. He called to the guards to ask what was happening and they told him they were taking him back to jail, he wasn’t being released. He was taken to a different jail for 2 weeks with only the clothes he had on when they took him to Erez. He said that he was later told about another prisoner who had been taken to Erez and left in an open ‘post bus’ with his legs untied in the same way. He had gone to the door to look out and been instantly shot in the leg and accused of trying to escape. After this 2 week period he was taken back to the jail he had originally been in when first imprisoned, here his other clothes and small number of belongings were finally brought to him.
When he was taken to this jail he was given another 6 months but his lawyer was promised that he would be released when this time ended on the 23rd of February 2012. The 23rd of February came and went, 10 days after this he was taken back to court, he had decided that this time if he wasn’t released he would go on hunger strike and stay on hunger strike until they promised in writing that he would be released. So when he was told that he was going to be imprisoned for another 6 months he prepared himself for 10 days, eating less each day and gradually reducing his physical activity. On the 15th of March 2012 he started his hunger strike. He only took water and sometimes a little salt in order to prevent his stomach from beginning to rot.
7 days after he started they began to move him from jail to jail before putting him in Nafha Jail which meant he was put in with the Israeli criminal population. Then he was put into isolation for a spell followed by hospital in Bersheva for 2 days tied to his bed then back to Nafha. From here he was sent to Eshel jail where he was put in isolation again and became very sick. This time they wouldn’t take him to hospital but would only allow him to see the Doctor in Eshel. After 35 days of this the Doctor in Eshel refused to continue to be responsible for him and he was taken to the Prison hospital in Ramle jail where he was with another 5 Palestinian prisoners who were also on hunger strike. He refused treatment here and was put back into isolation, this time his isolation cell had no windows so he was in darkness. After 47 days on hunger strike he bagan to have serious problems with his stomach, he couldn’t even drink water without vomiting. First white then black then brown vomit. They took him back to Ramle Prison hospital then and gave him antibiotics.
Along with the other hunger strikers he was asked regularly to break his hunger strike, on the 15th of May he was told that if he would break his hunger strike he would be released on the 23rd of August and the other hunger strikers were also told that they would have their demands met if they broke theirs. 3 of them accepted but along with 1 of the others Akram Al Rihawy he refused, he had heard promises of release before and he insisted that he have the promise in writing signed by a senior Judge and a Minister from the Israeli Ministry of the Interior. He was also told that he would not be allowed to return to Gaza, he had to choose between Germany, France or Norway which he also refused to accept. At this time he finally began to get International Committee of the Red Cross visits twice a week and he was asked daily to break his hunger strike, he continued to refuse until he got it in writing that he would be released back to Gaza and that he would be properly monitored by a committee of doctors when he started eating again.
Eventually on the 18th of June 2012 on the 96th day of his hunger strike a Minister from the Israeli Ministry of the Interior came to see him with the signed paper that he had been asking for stating in writing that he would be released on the 20th of July 2012. The Minister asked him if he would now please give up his hunger strike and he agreed. The Minister asked him to drink a glass of milk in front of him so that he could confirm and report that he had indeed broken his hunger strike which he did alathough he immediately vomited this back up. His stomach couldn’t cope even with milk after such a long time with no more than water going into it. He said that even though his stomach rejected this cup of milk his whole body felt as though it had drunk and felt relieved.
For 14 days he had to build up to eating again with first intravenous vitamins and nutrition, followed by nutritional drinks, before finally eating his first bit of bread after this 14 day period, which he still vomited back up. During the time of his hunger strike he was only allowed 2 visits from his lawyer, on the 40th day and on the last day. I asked if he was allowed any visits from his family during his time in jail. He replied that because he was given no rights under the ‘Law of An Illegal fighter’ he was not only denied visits from family but was not even allowed the 6 monthly letters delivered to his fellow prisoners by the Red Cross. He wasn’t able to write to them either, not even one short note.
At no time during Mahmoud’s entire incarceration was he actually accused of anything other than being asked to admit to the vague term ‘activities against Israel’ and he was never charged with anything. He was very clear that he had no idea why he was arrested. He was a footballer. The court appearances he attended were simply formalities under Military Law which say that every 6 months any detention order must be renewed.
All Palestinians from the West Bank and Gaza who are arrested by Israel are dealt with under Military Law not Israeli Criminal Law and therefore it is not necessary for Israel to ever bring charges against them. Many who are prosecuted are those who have signed false confessions under torture and are not able to retract them afterwards. Mahmoud’s case was slightly worse than normal Military law, under which there are a few rights which at least give some protection in prison. Mahmoud had none of these rights under this so called ‘Law of an Illegal Fighter’ by which he was held.
I asked Mahmoud if he was back in training for football and if he thought that it would be possible for him to return to his playing career. He said that finally he had managed to attend 3 training sessions and was hoping to be able to return to the team at some point in the future once he was back to full fitness. I sincerely wish him luck with this and hope that he will reach that stage very soon.
This has to be one of the clearest examples of why the BDS (Boycott Divestment and Sanctions) campaign should be supported by everyone and why Israel should be barred from participating in International Sporting events. Currently the 2013 UEFA U-21 Championship is scheduled to be played in Israel. How can this be allowed when they can treat a Palestinian International Player like this? Not to mention that they bombed the only 2 football pitches in Gaza during Operation Pillar of Cloud as well as destroying many local playing areas in the West Bank over the years. I saw several during my visit there in 2004 including one in Ramallah which had been bulldozed.
Mahmoud told us that the other prisoner who had stayed on hunger strike with him, Akram Al Rihawy, had spent his whole sentence in hospital due to his medical problems. His reason for being on hunger strike was not for release but for proper medical treatment. He stopped his hunger strike after being told that he was going to be released on Wednesday the 23rd of January 2013. Yesterday, on the 25th of January 2013 we were told that he was not released as promised and that he is now back on hunger strike.
To join the campaign against Israel hosting the 2013 UEFA U-21 Championship go to the following link and get involved: http://redcardapartheid.weebly.com/
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From the Archives
MI5 plotted assassination of Irish PM in 1985 – Ulster Volunteer Force
RT | December 29, 2017
Former Irish Prime Minister Charles Haughey was warned by loyalist paramilitaries that they were once tasked with murdering him in an assassination plot purportedly dreamt up by the British secret service.
The sensational disclosure was sent in a letter to the Irish government, newly released under the Public Records Act, which requires documents of historical value to be published by the National Archives within 30 years.
Written on Ulster Volunteer Force (UVF) signature paper, the warning claims the terrorist organization was asked by an MI5 operative about the prospect of carrying out an attack on Republic of Ireland leader Haughey in 1985.
At the time, Haughey would have been in opposition as head of political party Fianna Fáil, but details of the solicitation did not become known to Irish authorities until 1987.
“In 1985 we were approached by a M15 officer attached to the Northern Ireland Office and based in Lisburn, Alex Jones was his supposed name,” the letter reads, according to the Irish Times. “He asked us to execute you.”… continue
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