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The FBI, Not “ISIS,” Radicalized the Orlando Shooter

By Tony Cartalucci | Land Destroyer | June 20, 2016

As predicted, the FBI is revealed to have approached Orlando shooting suspect Omar Mateen in 2013 with informants posing as terrorists in an attempt to “lure” him into participating in a terrorist attack.

Image: As scary as any cartoon villain – and ironically – quite literally a manufactured villain. Marcus Robertson is not only a former US Marine, but also a long-time CIA and FBI asset. He runs an extremist website on American soil with absolute impunity and is likely one component of the FBI’s counterterror entrapment pipeline.

USA Today’s TC Palm reports in an article titled, “Exclusive: PGA Village residents want answers from security firm,” that (emphasis added):

The FBI launched an investigation into Mateen after Sheriff’s Office officials reported the incident to the agency. As part of its investigation, the FBI examined Mateen’s travel history, phone records, acquaintances and even planted a confidential informant in the courthouse to “lure Omar into some kind of act and Omar did not bite,” Mascara said. The FBI concluded Mateen was not a threat after that, Mascara said.

This is in line with the FBI’s practice of approaching and entrapping potential terror suspects by posing as terrorists themselves and aiding and abetting them in the planning and preparations for high-profile attacks. These undercover operations include everything from “casing out” potential targets, to the obtaining and training with actual, live explosives, to the purchasing of small arsenals of firearms including the sort of semi-automatic rifles and pistols used by Mateen during the Orlando shooting.

In addition to the FBI’s undercover operation, it is now also revealed that Mateen frequented the website of another FBI/CIA informant, Marcus Dwayne Roberson, a former US Marine, turned bank robber, turned US government informant.

While US politicians, law enforcement officials, and media networks attempt to claim Robertson’s extremist website, the Timbuktu Seminary, was his own independent project, the extent of his association with the US government makes this difficult, if not impossible to believe. Instead, it appears to be the perfect mechanism to feed the FBI’s entrapment pipeline, attracting and identifying possible suspects for the FBI to then approach and “investigate.”

The National Review’s article, “The Orlando Jihadist and the Blind Sheikh’s Bodyguard,” would report (emphasis added):

According to Fox News, Omar Mateen, the jihadist who carried out the mass-murder attack at a gay nightclub in Florida this weekend, was a student of Marcus Robertson, an Orlando-based radical Muslim who once served as a bodyguard to Omar Abdel Rahman — the notorious “Blind Sheikh” whom I prosecuted for terrorism crimes in the early to mid 1990s.

The National Review also reported that (emphasis added):

In Robertson’s case, it is reported that he agreed to work for the government, gathering intelligence both overseas and in the United States. According to Fox, however, he was expelled from the covert informant program in early 2007 after attacking his CIA handler in Africa.

But Robertson’s stint with the CIA was not the only time he would work for the US government after his service in the US Marine Corps. The National Review leaves out the fact that before his dismissal from the CIA, he was an informant for the FBI between 2004 and 2007.

The Daily Beast in its article, “Was Orlando Shooter Omar Mateen Inspired by This Bank-Robbing Ex-Marine?,” would report (emphasis added):

“Plaintiff worked as a covert operator for the FBI Terrorist Task Force from 2004 until 2007, performing operations in the United Sates and internationally with and against suspected and known terrorist organizations,” Robertson says in court papers.

Robertson remained in touch with American law enforcement and intelligence officials when he moved back to the United States, according to court papers filed by his attorney, “served as a confidential source in domestic terrorism investigations from Atlanta to Los Angeles.”

Is the American public expected to believe that a US government asset who received special training in the military and served as an informant and operative for both the FBI and the CIA would somehow, suddenly be allowed to drop off the US government’s radar and be allowed to run an extremist website in the United States?

Image: How far do undercover FBI investigations go? How about building a van-bomb for a suspect after taking him to a public park to detonate real explosives? The FBI’s own affidavit reveals that is precisely what FBI informants did while investigating Portland, Oregon terror suspect Mohamed Osman Mohamud. Did the FBI’s attempts to lure the Orlando shooter, Omar Mateen, into committing a terror attack contribute in his radicalization? The FBI must answer to this.  

Indeed, no American should believe this. Robertson was step one in Omar Mateen – the Orlando shooter’s – radicalization. The FBI’s attempt to pose as terrorists to lure Mateen into going along with a terrorist attack was step two. Though the FBI has so far failed to disclose the details of that investigation, comments made by FBI Director James Comey himself indicate that FBI informants may have worked on Mateen for up to 10 months.

Between exposure to Robertson’s extremist propaganda, honed after years of working as an informant and operative identifying and exposing terror suspects, and the FBI’s own informants over the course of months, if not years, it is clear that the US government and its “counterterrorism” measures radicalized Mateen – not “ISIS.”

The Guardian in its article, “CIA has not found any link between Orlando killer and Isis, says agency chief,” further highlights this blatant truth by reporting (emphasis added):

The Central Intelligence Agency chief has not been “able to uncover any link” between Orlando killer Omar Mateen and the Islamic State, despite Mateen’s stated allegiance to the jihadist group during Sunday’s LGBT nightclub massacre.

If Omar Mateen was a “homegrown terrorist,” the FBI served as the gardeners.

The American public must now demand the details of the FBI’s undercover work regarding Omar Mateen, as well as the truth behind any enduring ties between Robertson and the US government. If Robertson has no connections with the US government, an explanation as to why he is allowed to operate an extremist website on American soil must be provided.

For political and ideological opportunists attempting to seize upon the Orlando tragedy to uphold an example of “Islamic extremism,” it is especially ironic that the facts indicate that the act of terrorism was entirely divorced from “Islam,” and instead the result of America’s ongoing view of terrorism as a convenient and versatile geopolitical tool, rather than a threat to genuinely combat.

That quite literally every aspect that contributed to Omar Mateen’s radicalization is directly connected to the US government itself, illustrates just who the real threat is that American’s should fear – the threat within the halls of its own government – not “terrorists” dwelling beyond them.

June 20, 2016 Posted by | Deception, False Flag Terrorism, Timeless or most popular | , , , , , , | Leave a comment

When Phoenix Came to Thanh Phong: Bob Kerrey and War Crimes as Policy in Vietnam

By Douglas Valentine | CounterPunch | May 2001

By now everybody knows that former Senator Bob Kerrey led a seven-member team of Navy Seals into Thanh Phong village in February 1969, and murdered in cold blood more than a dozen women and children.

What hardly anyone knows, and what no one in the press is talking about (although many of them know), is that Kerrey was on a CIA mission, and its specific purpose was to destroy that village of civilian peasants. It was illegal, premeditated mass murder and it was a war crime.

And it’s time to hold the CIA responsible. It’s time for a war crimes tribunal to examine the CIA’s illegal activities during and since the Vietnam War.

War Crimes As Policy

War crimes were a central part of CIA strategy for fighting the Vietnam War. The strategy was known as Contre Coup, and it was the manifestation of a belief that the war was essentially political, not military, in nature. The CIA theorized that it was being fought by opposing ideological factions, each one amounting to about five percent of the total population, while the remaining ninety percent was uncommitted and wanted the war to go away.

According to the CIA’s mythology, on one side were communist insurgents, supported by comrades in Hanoi, Moscow and Peking. The communists fought for land reform, to rid Vietnam of foreign intervention, and to unite the north and south. The other faction was composed of capitalists, often Catholics relocated from North Vietnam in 1954 by the CIA. This faction was fighting to keep South Vietnam an independent nation, operating under the direction of quiet Americans.

Caught in the crossfire was the silent majority. The object shared by both factions was to win these undecided voters over to its side.

Contre Coup was the CIA’s response to the realization that the Communists were winning the war for the hearts and minds of the people. It also was a response to the belief that they were winning through the use of psychological warfare, specifically, selective terror ? the murder and mutilation of specific government officials.

In December 1963, Peer DeSilva arrived in Saigon as the CIA’s station chief. He claims to have been shocked by what he saw. In his autobiography, SubRosa, DeSilva describes how the VC had “impaled a young boy, a village chief, and his pregnant wife on sharp poles. To make sure this horrible sight would remain with the villagers, one of the terror squad used his machete to disembowel the woman, spilling he fetus onto the ground.”

“The Vietcong,” DeSilva said, “were monstrous in the application of torture and murder to achieve the political and psychological impact they wanted.”

But the methodology was successful and had tremendous intelligence potential, so DeSilva authorized the creation of small “counter-terror teams,” designed “to bring danger and death to the Vietcong functionaries themselves, especially in areas where they felt secure.”

How Counter-Terror Worked In Vietnam

Thanh Phong village was one of those areas where Vietcong functionaries felt secure. It was located in Kien Hoa Province, along the Mekong Delta. One of Vietnam’s most densely populated provinces, Kien Hoa was precariously close to Saigon, and is criss-crossed with waterways and rice paddies. It was an important rice production area for the insurgents as well as the Government of Vietnam, and thus was one of the eight most heavily infiltrated provinces in Vietnam. The estimated 4700 VC functionaries in Kien Hoa accounted for more than five percent of the insurgency’s total leadership. Operation Speedy Express, a Ninth Infantry sweep through Kien Hoa in the first six months of 1969, killed an estimated 11,000 civilians-supposedly VC sympathizers.

These functionaries formed what the CIA called the Vietcong Infrastructure (VCI). The VCI consisted of members of the People’s Revolutionary Party, the National Liberation Front, and other Communist outfits like the Women’s and Student’s Liberation Associations. Its members were politicians and administrators managing committees for business, communications, security, intelligence, and military affairs. Among their main functions were the collection of taxes, the recruitment of young men and women into the insurgency, and the selective assassination of GVN officials.

As the CIA was well aware, Ho Chi Minh boasted that with two cadre in every hamlet, he could win the war, no matter how many soldiers the Americans threw at him.

So the CIA adopted Ho’s strategy-but on a grander and bloodier scale. The object of Contre Coup was to identify and terrorize each and every individual VCI and his/her family, friends and fellow villagers. To this end the CIA in 1964 launched a massive intelligence operation called the Provincial Interrogation Center Program. The CIA (employing the US company Pacific Architects and Engineers) built an interrogation center in each of South Vietnam’s 44 provinces. Staffed by members of the brutal Special Police, who ran extensive informant networks, and advised by CIA officers, the purpose of the PICs was to identify, through the systematic “interrogation” (read torture) of VCI suspects, the membership of the VCI at every level of its organization; from its elusive headquarters somewhere along the Cambodian border, through the region, city, province, district, village and hamlet committees.

The “indispensable link” in the VCI was the District Party Secretary–the same individual Bob Kerrey’s Seal team was out to assassinate in its mission in Thanh Phong.

Frankenstein’s Monster

Initially the CIA had trouble finding people who were willing to murder and mutilate, so the Agency’s original “counter-terror teams” were composed of ex-convicts, VC defectors, Chinese Nungs, Cambodians, Montagnards, and mercenaries. In a February 1970 article written for True Magazine, titled “The CIA’s Hired Killers,” Georgie-Anne Geyer compared “our boys” to “their boys” with the qualification that, “Their boys did it for faith; our boys did it for money.”

The other big problem was security. The VC had infiltrated nearly every facet of the GVN-even the CIA’s unilateral counter-terror program. So in an attempt to bring greater effectiveness to its secret war, the CIA started employing Navy Seals, US Army Special Forces, Force Recon Marines, and other highly trained Americans who, like Bob Kerrey, were “motivationally indoctrinated” by the military and turned into killing machines with all the social inhibitions and moral compunctions of a Timothy McVeigh. Except they were secure in the knowledge that what they were doing was, if not legal or moral, fraught with Old Testament-style justice, rationalizing that the Viet Cong did it first.

Eventually the irrepressible Americans added their own improvements. In his autobiography Soldier, Anthony Herbert describes arriving in Saigon in 1965, reporting to the CIA’s Special Operations Group, and being asked to join a top-secret psywar program. What the CIA wanted Herbert to do, “was to take charge of execution teams that wiped out entire families.”

By 1967, killing entire families had become an integral facet of the CIA’s counter-terror program. Robert Slater was the chief of the CIA’s Province Interrogation Center Program from June 1967 through 1969. In a March 1970 thesis for the Defense Intelligence School, titled “The History, Organization and Modus Operandi of the Viet Cong Infrastructure,” Slater wrote, “the District Party Secretary usually does not sleep in the same house or even hamlet where his family lived, to preclude any injury to his family during assassination attempts.”

But, Slater added, “the Allies have frequently found out where the District Party Secretaries live and raided their homes: in an ensuing fire fight the secretary’s wife and children have been killed and injured.”

This is the intellectual context in which the Kerrey atrocity took place. This CIA strategy of committing war crimes for psychological reasons? to terrorize the enemy’s supporters into submission–also is what differentiates Kerrey’s atrocity, in legal terms, from other popular methods of mass murdering civilians, such as bombs from the sky, or economic boycotts.

Yes, the CIA has a global, illegal strategy of terrorizing people, although in typical CIA lexicon it’s called “anti-terrorism.”

When you’re waging illegal warfare, language is every bit as important as weaponry and the will to kill. As George Orwell or Noam Chomsky might explain, when you’re deliberately killing innocent women and children, half the court-of-public-opinion battle is making it sound legal.

Three Old Vietnam Hands in particular stand out as examples of this incestuous relationship. Neil Sheehan, CIA-nik and author of the aptly titled Bright Shining Lie, recently confessed that in 1966 he saw US soldiers massacre as many as 600 Vietnamese civilians in five fishing villages. He’d been in Vietnam for three years by then, but it didn’t occur to him that he had discovered a war crime. Now he realizes that the war crimes issue was always present, but still no mention of his friends in the CIA.

Former New York Times reporter and author of The Best and The Brightest, David Halberstam, defended Kerrey on behalf of the media establishment at the New School campus the week after the story broke. Halberstam described the region around Thanh Phong as “the purest bandit country,” adding that “by 1969 everyone who lived there would have been third-generation Vietcong.” Which is CIA revisionism at its sickest.

Finally there’s New York Times reporter James Lemoyne. Why did he never write any articles linking the CIA to war crimes in Vietnam–perhaps because his brother Charles, a Navy officer, was in charge of the CIA’s counter-terror teams in the Delta in 1968.

Phoenix Comes To Thanh Phong

The CIA launched its Phoenix Program in June 1967, after 13 years of tinkering with several experimental counter-terror and psywar programs, and building its network of secret interrogation centers. The stated policy was to replace the bludgeon of indiscriminate bombings and military search and destroy operations–which had alienated the people from the Government of Vietnam–with the scalpel of assassinations of selected members of the Viet Cong Infrastructure.

A typical Phoenix operation began in a Province Interrogation Center where a suspected member of the VCI was brought for questioning. After a few days or weeks or months undergoing various forms of torture, the VCI suspect would die or give the name and location of his VCI comrades and superiors. That information would be sent from the Interrogation Center to the local Phoenix office, which was staffed by Special Branch and Vietnamese military officers under the supervision of CIA officers. Depending on the suspected importance of the targeted VCI, the Phoenix people would then dispatch one of the various action arms available to it, including Seal teams like the one Bob Kerrey led into Thanh Phong.

In February 1969, the Phoenix Program was still under CIA control. But because Kien Hoa Province was so important, and because the VCI’s District Party Secretary was supposedly in Thanh Phong, the CIA decided to handle this particular assassination and mass murder mission without involving the local Vietnamese. So instead of dispensing the local counter-terror team, the CIA sent Kerrey’s Raiders.

And that, very simply, is how it happened. Kerrey and crew admittedly went to Thanh Phong to kill the District Party Secretary, and anyone else who got in the way, including his family and all their friends.

Phoenix Comes Home To Roost

By 1969 the CIA, through Phoenix, was targeting individual VCI and their families all across Vietnam. Over 20,000 people were assassinated by the end of the year and hundreds of thousands had been tortured in Province Interrogation Centers.

On 20 June 1969, the Lower House of the Vietnamese Congress held hearings about abuses in the Phoenix VCI elimination program. Eighty-six Deputies signed a petition calling for its immediate termination. Among the charges: Special Police knowingly arrested innocent people for the purpose of extortion; people were detained for as long as eight months before being tried; torture was commonplace. Noting that it was illegal to do so, several deputies protested instances in which American troops detained or murdered suspects without Vietnamese authority. Others complained that village chiefs were not consulted before raids, such as the one on Thanh Phong.

After an investigation in 1970, four Congresspersons concluded that the CIA’s Phoenix Program violated international law. “The people of these United States,” they jointly stated, “have deliberately imposed upon the Vietnamese people a system of justice which admittedly denies due process of law,” and that in doing so, “we appear to have violated the 1949 Geneva Convention for the protection of civilian people.”

During the hearings, U.S. Representative Ogden Reid said, “if the Union had had a Phoenix program during the Civil War, its targets would have been civilians like Jefferson Davis or the mayor of Macon, Georgia.”

But the American establishment and media denied it then, and continue to deny it until today, because Phoenix was a genocidal program — and the CIA officials, members of the media who were complicit through their silence, and the red-blooded American boys who carried it out, are all war criminals. As Michael Ratner a lawyer at the Center for Constitutional Rights told CounterPunch: “Kerrey should be tried as a war criminal. His actions on the night of February 24-25, 1969 when the seven man Navy Seal unit which he headed killed approximately twenty unarmed Vietnamese civilians, eighteen of whom were women and children was a war crime. Like those who murdered at My Lai, he too should be brought into the dock and tried for his crimes.”

Phoenix, alas, also was fiendishly effective and became a template for future CIA operations. Developed in Vietnam and perfected with the death squads and media blackout of Afghanistan and El Salvador, it is now employed by the CIA around the world: in Colombia, in Kosovo, in Ireland with the British MI6, and in Israel with its other kindred spirit, the Mossad.

The paymasters at the Pentagon will keep cranking out billion dollar missile defense shields and other Bush league boondoggles. But when it comes to making the world safe for international capitalism, the political trick is being more of a homicidal maniac, and more cost effective, than the terrorists.

Incredibly, Phoenix has become fashionable, it has acquired a kind of political cachet. Governor Jesse Ventura claims to have been a Navy Seal and to have “hunted man.” Fanatical right-wing US Representative Bob Barr, one of the Republican impeachment clique, has introduced legislation to “re-legalize” assassinations. David Hackworth, representing the military establishment, defended Kerrey by saying “there were thousands of such atrocities,” and that in 1969 his own unit committed “at least a dozen such horrors.” Jack Valenti, representing the business establishment and its financial stake in the issue, defended Kerrey in the LA Times, saying, “all the normalities (sic) of a social contract are abandoned,” in war.

Bullshit.

A famous Phoenix operation, known as the My Lai Massacre, was proceeding along smoothly, with a grand total of 504 Vietnamese women and children killed, when a soldier named Hugh Thompson in a helicopter gunship saw what was happening. Risking his life to preserve that “social contract,” Thomson landed his helicopter between the mass murderers and their victims, turned his machine guns on his fellow Americans, and brought the carnage to a halt.

Same with screenwriter and journalist Bill Broyles, Vietnam veteran, and author of Brothers in Arms, an excellent book about the Vietnam War. Broyles turned in a bunch of his fellow Marines for killing civilians.

If Thompson and Broyles were capable of taking individual responsibility, everyone is. And many did.

Phoenix Reborn

There is no doubt that Bob Kerrey committed a war crime. As he admits, he went to Vietnam with a knife clenched between his teeth and did what he was trained to do ? kidnap, assassinate and mass murder civilians. But there was no point to his atrocity as he soon learned, no controlling legal authority. He became a conflicted individual. He remembers that they killed women and children. But he thinks they came under fire first, before they panicked and started shooting back. The fog of war clouds his memory

But there isn’t that much to forget. Thanh Phong was Kerrey’s first mission, and on his second mission a grenade blew off his foot, abruptly ending his military career.

Plus which there are plenty of other people to remind Kerrey of what happened, if anyone will listen. There’s Gerhard Klann, the Seal who disputes Kerrey’s account, and two Vietnamese survivors of the raid, Pham Tri Lanh and Bui Thi Luam, both of whom corroborate Klann’s account, as does a veteran Viet Cong soldier, Tran Van Rung.

As CBS News was careful to point out, the Vietnamese were former VC and thus hostile witnesses and because there were slight inconsistencies in their stories, they could not be believed. Klann became the target of Kerrey’s pr machine, which dismissed as an alcoholic with a chip on his shoulder.

Then there is John DeCamp. An army captain in Vietnam, DeCamp worked for the organization under CIA executive William Colby that ostensibly managed Phoenix after the CIA let it go in June 1969. DeCamp was elected to the Nebraska State Senate and served until 1990. A Republican, he claims that Kerrey led an anti-war march on the Nebraska state capitol in May 1971. DeCamp claims that Kerrey put a medal, possibly his bronze star, in a mock coffin, and said, “Viet Cong or North Vietnamese troops are angelic compared with the ruthless Americans.”

Kerrey claims he was in Peru visiting his brother that day. But he definitely accepted his Medal of Honor from Richard Nixon on 14 May 1970, a mere ten days after the Ohio National guard killed four student protestors at Kent State. With that badge of honor pinned on his chest, Kerrey began walking the gilded road to success. Elected Governor of Nebraska in November 1982, he started dating Deborah Winger, became a celebrity hero, was elected to the US Senate, became vice-chair of Senate Committee on Intelligence, and in 1990 staged a run for president. One of the most highly regarded politicians in America, he showered self-righteous criticism on draft dodger Bill Clinton’s penchant for lying.

Bob Kerrey is a symbol of what it means to be an American, and the patriots have rallied to his defense. And yet Kerrey accepted a bronze star under false pretenses, and as John DeCamp suggests, he may have been fragged by his fellow Seals. For this, he received the Medal of Honor.

John DeCamp calls Bob Kerrey “emotionally disturbed” as a result of his Vietnam experience.

And Kerrey’s behavior has been pathetic. In order to protect himself and his CIA patrons from being tried as a war criminals, Bob Kerrey has become a pathological liar too. Kerrey says his actions at Than Phong were an atrocity, but not a war crime. He says he feels remorse, but not guilt. In fact, he has continually rehabbed his position on the war itself-moving from an opponent to more recently an enthusiast. In a 1999 column in the Washington Post, for example, Kerrey said he had come to view that Vietnam was a “just war. “Was the war worth the effort and sacrifice, or was it a mistake?” Kerrey wrote. “When I came home in 1969 and for many years afterward, I did not believe it was worth it. Today, with the passage of time and the experience of seeing both the benefits of freedom won by our sacrifice and the human destruction done by dictatorships, I believe the cause was just and the sacrifice not in vain.” Then at the Democratic Party Convention in Los Angeles last summer Kerrey lectured the delegates that they shouldn’t be ashamed of the war and that they should treat Vietnam veterans as war heroes: “I believe I speak for Max Baucus and every person who has ever served when I say I never felt more free than when I wore the uniform of our country. This country – this party – must remember.” Free? Free to murder women and children. Is this a consciousness of guilt or immunity?

CBS News also participated in constructing a curtain of lies. As does every other official government or media outlet that knows about the CIA’s Phoenix Program, which continues to exist and operate worldwide today, but fails to mention it.

Why?

Because if the name of one targeted Viet Cong cadre can be obtained, then all the names can be obtained, and then a war crimes trial becomes imperative. And that’s the last thing the Establishment will allow to happen.

Average Americans, however, consider themselves a nation ruled by laws and an ethic of fair play, and with the Kerry confession comes an opportunity for America to redefine itself in more realistic terms. The discrepancies in his story beg investigation. He says he was never briefed on the rules of engagement. But a “pocket card” with the Laws of Land Warfare was given to each member of the US Armed Forces in Vietnam.

Does it matter that Kerrey would lie about this? Yes. General Bruce Palmer, commander of the same Ninth Division that devastated Kien Koa Province in 1969, objected to the “involuntary assignment” of American soldiers to Phoenix. He did not believe that “people in uniform, who are pledged to abide by the Geneva Conventions, should be put in the position of having to break those laws of warfare.”

It was the CIA that forced soldiers like Kerrey into Phoenix operations, and the hidden hand of the CIA lingers over his war crime. Kerrey even uses the same rationale offered by CIA officer DeSilva. According to Kerrey, “the Viet Cong were a thousand per cent more ruthless than” the Seals or U.S. Army.

But the Geneva Conventions, customary international law and the Uniform Code of Military Justice all prohibit the killing of noncombatant civilians. The alleged brutality of others is no justification. By saying it is, Kerrey implicates the people who generated that rationale: the CIA. That is why there is a moral imperative to scrutinize the Phoenix Program and the CIA officers who created it, the people who participated in it, and the journalists who covered it up ? to expose the dark side of our national psyche, the part that allows us to employ terror to assure our world dominance.

To accomplish this there must be a war crimes tribunal. This won’t be easy. The US government has gone to great lengths to shield itself from such legal scrutiny, at the same it selectively manipulates international institutions, such as the UN, to go after people like Slobodan Milosevic.

According to human rights lawyer Michael Ratner the legal avenues for bringing Kerrey and his cohorts to justice are quite limited. A civil suit could be lodged against Kerrey by the families of the victims brought in the United States under the Alien Tort Claims Act. “These are the kinds of cases I did against Gramajo, Pangaitan (Timor),” Ratner told us. “The main problem here is that it is doubtful the Vietnamese would sue a liberal when they are dying to better relations with the US. I would do this case if could get plaintiffs–so far no luck.” According to Ratner, there is no statute of limitations problem as it is newly discovered evidence and there is a stron argument particularly in the criminal context that there is no statute of limitations for war crimes.

But criminal cases in the US present a difficult, if not impossible, prospect. Now that Kerrey is discharged from the Navy, the military courts, which went after Lt. Calley for the My Lai massacre, has no jurisdiction over him. “As to criminal case in the US–my pretty answer is no,” says Ratner. “The US first passed a war crimes statute (18 USC sec. 2441 War Crimes) in 1996–that statute makes what Kerrey did a war crime punishable by death of life imprisonment–but it was passed after the crime and criminal statutes are not retroactive.” In 1988, Congress enacted a statute against genocide, which was might apply to Kerrey’s actions, but it to can’t be applied retroactively. Generally at the time of Kerrey’s acts in Vietnam, US criminal law did not extend to what US citizens did overseas unless they were military.

[As a senator, Kerrey, it should be noted, voted for the war crimes law, thus opening the opportunity for others to be prosecuted for crimes similar to those he that committed but is shielded from.]

The United Nations is a possibility, but a long shot. They could establish an ad hoc tribunal such as it did with the Rwanda ICTR and Yugoslavia ICTY. “This would require action by UN Security council could do it, but what are the chances?” says Ratner. “There is still the prospect for a US veto What that really points out is how those tribunals are bent toward what the US and West want.”

Prosecution in Vietnam and or another country and extradition is also a possibility. It can be argued that war crimes are crimes over which there is universal jurisdiction–in fact that is obligation of countries-under Geneva Convention of 1948–to seek out and prosecute war criminals. “Universal jurisdiction does not require the presence of the defendant–he can be indicted and tried in some countries in absentia–or his extradition can be requested”, says Ratner. “Some countries may have statutes permitting this. Kerrey should check his travel plans and hire a good lawyer before he gets on a plane. He can use Kissinger’s lawyer.”

phoenixprog

June 7, 2016 Posted by | Deception, False Flag Terrorism, Timeless or most popular, War Crimes | , , , , | Leave a comment

Gitmo Judge Allowed Destruction of Evidence in 9/11 Case: Report

By Nadia Prupis | Common Dreams | May 31, 2016

The judge in charge of military tribunals at Guantánamo Bay allegedly colluded with prosecutors to hide evidence that supported the defense of suspected 9/11 architect Khalid Sheikh Mohammed, “irreparably” harming his case, according to a court document obtained by the Guardian on Tuesday.

The accusation could be the impetus to reform the highly controversial tribunals at the U.S. military prison in Cuba altogether, according to Karen Greenberg, the director of Fordham University Law School’s Center on National Security.

“This may well be the straw that breaks the camel’s back in underscoring the unviability of the military commissions,” Greenberg told the Guardian.

According to the recently unsealed defense filing, Army Colonel James Pohl “in concert with the prosecution, manipulated secret proceedings and the use of secret orders.”

Pohl’s actions prevented Mohammed’s attorneys from learning that evidence in his defense had been destroyed, the document alleges.

“First they tell us they will not show us the evidence, but they will show our lawyers. Now, they don’t even show the lawyers,” Mohammed is quoted in the filing as saying. “Why don’t they just kill us?”

It is unclear what evidence Pohl and the prosecutors hid. However, as the Guardian reports:

[O]n 19 December 2013, Pohl ordered the US to “ensure the preservation of any overseas detention facilities still within the control of the United States” – a reference to the secret “black site” prisons where the CIA and its allies tortured Mohammed and his co-defendants.

According to the defense filing, six months after Pohl issued an evidence-preservation order at the defense’s behest and over the prosecution’s objections, the judge “authorized the government to destroy the evidence in question”. Pohl’s reversal of course was “the result of secret communications between the government and Judge Pohl, which he conducted without the knowledge of defense counsel”, the motion asserts.

Mohammed’s attorneys say the prosecution “belatedly” gave them a version of Pohl’s destruction order “by attaching it to another secret order,” and said that “without benefit of ever having examined the actual evidence, that the government’s proffer or a summary of a substitute for the original (now destroyed) evidence provided the defense with an adequate alternative to access to the evidence in question.”

The destruction of the evidence “irreparably harmed” Mohammed’s defense and “call[s] into question Judge Pohl’s impartiality,” his attorneys said.

The Guardian continues:

The current military commission is the second Mohammed and his co-defendants face. They were initially charged in 2008, but that commission was voided after Barack Obama launched an ultimately doomed 2010 effort to move the trial to civilian court. In the interim, Obama and Congress passed an overhaul of the military commissions in an effort to bolster their credibility against the charge of ad-hoc justice.

Greenberg added, “Remember, a main reason they couldn’t have this [trial] in federal court was that it would have been such a circus. And now you have a full-blown circus, with judicial and every other kind of misstepping.”

May 31, 2016 Posted by | Deception, False Flag Terrorism, Timeless or most popular | , , , , , | Leave a comment

Dying to Forget the Israel Lobby?

By Harry Clark | CounterPunch | April 22, 2016

Irene Gendzier makes two main claims about US Middle East policy in the late 1940s in her book Dying to Forget. Oil, Power, Palestine and the Foundations of U.S. Policy in the Middle East. One is that there was no contradiction between US support for Zionism and its goal of establishing a Jewish state in Arab Palestine, and US interest in the region’s oil reserves. This claim is based on heretofore unexamined contacts between Max Ball, who headed the Oil and Gas Division of the U.S. Department of the Interior, and Eliahu Epstein, Washington representative of the Jewish Agency, the Jewish state in the making in Palestine. Gendzier argues that these contacts, outside official foreign policy, enabled the Jewish Agency to address US concerns about the impact of Zionism on US oil interests, and to insert its arguments into the discussion in the Truman White House. The “encounter between Max Ball and Eliahu Epstein in 1948 forms the basis of the ‘oil connection’ discussed in this book. The encounter. . . revealed that major U.S. oil executives were pragmatic in their approach to the Palestine conflict and were prepared to engage with the Jewish Agency and later with Israeli officials, albeit within existing constraints.” (xxi)

The second is that Israel’s military prowess in the 1948 war showed the Pentagon that Israel had changed the regional balance of power, and should be included in US military planning, and oriented toward the West and away from the Soviet Union. The USSR had supported partition of Palestine into Arab and Jewish states, and Czechoslovakia in the emerging Soviet bloc had supplied Israel with arms. These “strategic” concerns about Israel’s potential role, Gendzier claims, outweighed US concerns for the effects of the war that established Israel: the destruction of Arab Palestine, the creation of a large refugee population, the antagonism of the Arab world, and potential “instability,” the hegemon’s bugbear, with consequences for US interests. The Pentagon’s judgment about Israel’s military ability has been noted by other writers, but Gendzier makes stronger claims. These “strategic reasons,” she argues, “undermined Washington’s critical position on Israeli policy toward refugee repatriation and territorial expansion. These vital factors in the conflict between Israel-Palestine and the Arab world thereby assumed a subordinate position.” (xxii)

Here, then, is the logic of U.S. oil policy, which was responsible for the increasing deference to Israeli policies whose purpose was to ensure that Israel turned toward the United States and away from the USSR. This objective, in turn, was allied to Washington’s principal goal in the Middle East—protection of its untrammeled access and control of oil. (xxii)

Observers of US politics recognize the US-Israel “special relationship,” and the “strategic asset” and “Israel Lobby” conceptions of it. The “asset” concept holds that the relationship expresses fundamental “US interests” that are independent of any Lobby influence, that the Lobby is powerful only when it promotes those interests. The Lobby proponents see a quasi-sovereign force capable of defining or undermining US interests. This book is clearly intended to enhance the “strategic asset” view.

The first chapter is entitled “The Primacy of Oil,” and “oil” is a primary, even the dominant theme of the book. For all this emphasis, Gendzier does not fully address the nexus of US oil interests, Zionism, and Arab resistance. She overlooks pre-war Arab and oil industry opposition, an “oil connection” that predates hers, and doesn’t do justice to the Trans-Arabia Pipeline (Tapline), a key postwar project and US policy instrument. She depicts a natural, inevitable synthesis of Zionism and US oil interests that was disproven by events she omits.

In 1933 Saudia Arabia awarded an oil concession to Standard Oil of California, through a subsidiary, California Arabian Standard Oil Company, Casoc. Standard of California was eventually joined by three other major US oil companies. In 1938 oil in commercial quantities was found. The Saudi monarch, Abd al Aziz ibn Saud, decided to award another concession, and Casoc again won the bidding.

The potential conflict between American support for Zionism and US oil interests arose in 1936 and later, following increased Jewish immigration to Palestine, and ruthless British suppression of the Palestinian Arab revolt against British rule. This elicited strong protest, from Arabs to US diplomats, from at least one oil industry executive, and from King Saud himself. “King Ibn Saud of Saudi Arabia made an eloquent appeal to President Roosevelt in a letter of November 29 [1938] criticizing the main points in the Zionist argument and pleading for justice for the Palestinian Arabs on the basis of self-determination.” Gendzier omits all of this.

World War II consolidated the position of Casoc and the US in Saudi Arabia, against potential British influence. The US extended Lend-Lease to Saudi Arabia to ease the financial crisis of the war, upgraded its diplomatic representation, and developed an air base at Dhahran near the oil fields. Casoc renamed itself Arabian American Oil Company, Aramco, and expanded the small oil refinery it had built.

Building a pipeline from the oil fields in eastern Saudi Arabia to the eastern Mediterranean was discussed during the war. Postwar, the Trans-Arabian Pipeline (Tapline) became a major instrument of US policy; it would support Saudi Arabia, assist the economies of the transit countries, fuel the recovery in western Europe, enhance “stability,” diminish Soviet influence, and profit the oil companies. Tapline was delayed and almost cancelled due to political complications in the Middle East, and also, despite its strategic importance, in the US.

The direct pipeline route led through Jordan and Palestine to the oil refinery and tanker terminal at Haifa, which was precluded by emphatic opposition from King Saud. The alternative led through Jordan, Syria and Lebanon. Terms were readily agreed with the Christian Maronite government in Lebanon, and with King Abdullah in Jordan, despite strong public opposition to Zionism.

In Syria, opposition was stronger still, but agreement was reached in September, 1947, after intervention by the CIA, Aramco, King Saud and US diplomats. Parliamentary ratification was suspended after the UN partition resolution in November, when a crowd of 2,000 stormed the US Embassy in Damascus, and snipers fired on Aramco survey teams. In February, 1948, the Arab League “prohibited its members from granting any new Western oil concessions ‘until the Palestine situation was clarified.’” Moreover, Arab League officials “were ‘studying nationalization precedents’ and claimed that even ‘Ibn Saud, in case of a showdown, would not oppose any oil resolutions, even suspension of American oil operations, if faced with united front of all Arab states.’”

The US steel export license needed for the pipe subjected Tapline to the opposition of the domestic oil companies. Executive departments approved licenses, but in late 1947 Congress began three months of hearings over allegations that Aramco overcharged the US Navy during the war, and that the pipeline would ruin the domestic oil industry. As violence in Palestine escalated prior to the British withdrawal in May, 1948, followed by the Arab-Israeli war, congressional critics asked why licenses for export to an unsettled region seething with anti-Americanism should be granted, when steel was urgently needed elsewhere. By mid-year, “some American officials doubted that the project would ever be completed, and others worried that the stalemate would play into the hands of the Kremlin, which was rumored to have designs on Saudi petroleum.”

Tapline finally cleared US politics, but a pipeline route was obtained in Syria only after the CIA, in March, 1949, engineered a coup. Zionism had forced the re-routing of Tapline, increased the cost, and held up completion by twenty months. Gendzier mentions the coup, but omits the US political wrangle, including American Zionism’s initial opposition to Tapline.

American Zionists were preternaturally sensitive to their potential conflict with US oil interests. In July, 1942, Emmanuel Neumann of the American Zionist Emergency Committee met with State Department officials. In November, 1943, Nahum Goldmann, of the Zionist Organization of America, met with Harold Ickes, Roosevelt’s wartime oil czar. In October, 1945, Eliahu Epstein, Washington representative of the Jewish Agency, met with Arthur G. Newmayer, public relations director of Standard of New Jersey. In 1946, Zionist officials met with James Terry Duce, vice-president of Aramco. In these meetings, the Zionist officials

voiced concern about the strengthening ties with Saudi Arabia that could push the Zionist movement outside the circle of America’s strategic interests. They stressed the importance of a strong and stable Jewish state, given the loyalty of the Jewish community in Palestine to allied interests during the war. Moreover, they denied categorically that a pro-Zionist policy would harm the status of American oil companies in the Middle East; because oil has no significance while in the depths of the earth, the oil-producing states would need American companies in order to profit from their resources even if the United States pursued a pro-Zionist policy. There were even veiled threats as Zionist representatives hinted at damage to the oil companies’ image, should they appear anti-Zionist after the Holocaust, in a decisive hour for continued Jewish existence.

As the debate over Tapline began late in the war, the renamed American Zionist Emergency Council “set up a subcommittee for oil. It prepared a series of position papers and memoranda to establish guidelines for Zionist policy.” The “campaign was designed to prevent the construction of the pipeline unless it went through the Jewish state.” At first Zionists denied a need for the pipeline, “assuming that not laying it at all was better than not laying it through the future Jewish state, and thus removing that state from the circle of American interests.” They “tried to exploit differences of opinion within the oil industry and to reinforce the opposition of companies without Middle East concessions and those not participating in the project.” They argued that tanker transport was cheaper and safer, that a pipeline was vulnerable to terrorist attacks. (In 1947, Jewish terrorists attacked the Haifa oil refinery and the pipeline from Iraq three times). As agreements were signed and work begun, they advocated a “route through areas likely to be under Jewish sovereignty in the future.” Zionist officials presented the pipeline through Palestine as a contribution to regional development, to the integration of the Jewish state into the region, and to peace. Gendzier omits this campaign, which pitted American Zionism against Tapline for a time, even as she cites the article that discusses it.

The Truman White House, against the judgment of its diplomats and military experts, supported the historic vote recommending partition in the General Assembly of the UN in November, 1947. Palestine, unsettled by the Zionist campaign against British rule, erupted into civil war. By early 1948, the US had begun to consider alternatives to partition, including UN trusteeship, and extending British administration. Oil interests were chief among US concerns, and Gendzier mentions a weaker version of the February, 1948 threat by the Arab League against American oil companies cited above.

In January, 1948 the Jewish Agency prepared a “Note on Palestine Policy,” for private circulation in Washington during Congressional hearings on US oil interests. (99-101) In February, Max Ball, head of the Oil and Gas Division of the Interior Department, met Eliahu Epstein of the Jewish Agency, through family relations. Drawing on the Note, Epstein argued that Zionism was a progressive economic and political force, and asserted the harmony of Zionist and US interests in that respect, and the dependency of the Arab oil producers on western oil companies.

Ball argued that oil development was a progressive force in the Arab world, and that it would also fuel Europe’s recovery and stave off Communism and chaos there. Partition would antagonize the Arabs and jeopardize this, hence was not in US interests. Epstein replied that “ ‘imposition of the will of the U.N. by the loyal implementation of the partition scheme would have a soothing effect on the Arabs and make them regain their right sense of proportion’ ” (105) about their weakness. Epstein cited Palestine Jewry’s support of the Allied war effort. He mentioned the oil prospects of the Negev (Naqab), the southern desert of Palestine, and Ball offered to introduce Epstein to oil company executives. Ball later advised Epstein that such meetings could happen “ ‘only when the Jewish state is established both de facto and de jure. The Oil Companies’ policies are based on practical advantages’ ” which could be pursued only “when the Jewish state becomes a reality.” (108) Ball thus implicitly endorsed partition, at least in the Jewish Agency’s account which Gendzier quotes, when his government was still debating it.

These “historic encounters” (101) of Epstein and Ball are the high point of Gendzier’s “oil connection.” “From this vantage point, the future of the Jewish state appeared more promising than expected. . . major oil companies were not categorically set against [Zionism], which was interpreted as an indication of fu- ture interest.” (111) She claims that the “Jewish Agency strategy developed in the ‘Notes’ appeared to be effective in addressing the fear of partition endangering U.S. oil interests,” when disseminated in the White House by Clark Clifford, special counsel to Truman and Zionist advocate. (111) Ball’s role in oil policy and wide contacts, Gendzier claims, made his belief that Israel had a place in the oil companies’ plans “of no small importance in the period leading up to Israel’s unilateral declaration of independence and. . . the reassessment of U.S. policy toward Israel.” (112)

Gendzier’s account of the Truman Administration debate over partition vs. trusteeship in spring, 1948 does not cite the Jewish Agency’s blandishments about oil-related development, or their assurances that the Arabs had no alternatives. They would have been quite out of place as Palestine was being destroyed, with atrocities reported, refugees fleeing, and US officials fearing the destruction of US interests with the disaster. The State Department would shortly despair of Tapline ever being built. In June, the US ambassador in Saudi Arabia reported King Saud’s warning that Saudi Arabia would conform with any Arab League actions, and that consequences could include “(a) transfer Dhahran air base to British; (b) cancellation ARAMCO concession; (c) break in diplomatic relations.” (178)

After reviewing the studies of US recognition of Israel on May 15, which all stress domestic politics, Gendzier notes the absence of “any reference to the interactions between Max Ball and Eliahu Epstein.” These contacts “seemed to open unforeseen possibilities. At least, they invited oil company executives. . . to think about pragmatic possibilities after independence.” They “may have figured in [Clifford’s] calculations.” (168-9, emphasis added) This speculation is Gendzier’s “oil connection.”

In her final chapter, “The Israeli-U.S. Oil Connection and Expanding U.S. Oil Interests,” Gendzier tries to thicken this tenuous connection with accounts of two meetings between oil executives and Israeli officials, US government discussion, Aramco’s growing Saudi interests, and Max Ball’s authorship of the petroleum legislation of Israel and of Turkey. She mentions in passing the Arab League boycott of Israel, which actually began in 1945, as a boycott of the Palestine Jewish economy.

Two Aramco partners also had operations in Palestine, utilizing the Haifa refinery, which continued in Israel. Gendzier cites Uri Bialer’s statement from his Oil and the Arab-Israeli Conflict, 1948-1963 that “agreements with AIOC, Shell, Socony Vacuum and Standard Oil of New Jersey—made, in fact, in open defiance of the Arab boycott—did indeed open up opportunities for Israel.” After 1948 the Haifa refiners obtained crude oil mostly from Venezuela, though the British also procured from Kuwait via the Cape of Good Hope. Gendzier omits Bialer’s further history and his statement: “Within four years, from late 1954 through 1958, all British and American companies which had constituted the backbone of Israel’s oil supply system, ceased operations in the country. . . While commercial considerations certainly played a part. . . the overriding one was undoubtedly political. . . by late 1958 the Arab League had in fact accomplished one of its main objectives—to force the foreign oil companies out of Israel.”

The Arab oil producers attempted an embargo on the US, Britain and Germany during and after the June, 1967 war, but the supply-demand balance in the marketplace did not favor it. Between 1970 and 1973 oil prices doubled, and demand rose to 99% of production capacity. From the outbreak of Arab-Israeli war in October to December 1973, OPEC price increases and Arab production cuts and embargo on the US raised the oil price four-fold, causing supply dislocations, long lines and fights for gasoline, a deep recession, and discussion in Congress of nationalizing the oil industry. In 1976 Aramco and Saudi Arabia agreed on terms for nationalization. Gendzier’s augury of a natural, inevitable mixing of oil and Zion was not borne out by events.

A decade ago Professors John Mearsheimer and Stephen Walt published their article “The Israel Lobby,”precursor to their 2007 book, The Israel Lobby and U.S. Foreign Policy. They argue that the Israel Lobby is much more powerful than the oil lobby, and disagree that oil had much to do with the decision to invade Iraq, as does historian Stephen Sniegoski. In the 1940s, the US international oil companies (and the foreign policy executive) were weaker politically than the domestic oil industry, which held up Tapline over steel export licenses, and were also weaker than the nascent Israel Lobby.

Gendzier claims that Israel’s “strategic value” led the US to accept Israel’s refusal to repatriate Palestinian refugees, and its extension of sovereignty to conquered territory. This is no more persuasive than the “oil connection,” for similar reasons. Gendzier deprecates or omits US efforts to secure repatriation, misrepresents Israel’s access to arms sales and alliances, and exaggerates Israel’s role in US strategy.

As Gendzier notes, US diplomats and the CIA were clear-eyed about Israel’s military superiority and aggressive proclivities, and about the atrocities and coercion that led to the expulsion of around 85% of the Palestinian Arab civilian population when hostilities finally ended, 750-800,000 souls. This was far more than the Jewish displaced persons population in Europe, the largest population displacement since the war. A March, 1949 State Department report stated:

Failure to liquidate or materially reduce the magnitude of the Arab refugee problem would have important consequences. The Arab states presently represent a highly vulnerable area for Soviet exploitation, and the presence of over 700,000 destitute, idle refugees provides the likeliest channel for such exploitation. In addition, their continued presence will further undermine the weakened economy of the Arab states, and may well provide the motivation for the overthrow of certain of the Arab Governments.

The issues of refugees and territory dominated US relations with Israel into late 1949. In mid-September, 1948, Swedish diplomat and UN mediator Folke Bernadotte proposed an armistice and settlement that accepted partition, but called for territorial exchanges, for Jerusalem to be under UN administration, and most critically, for the Palestinian refugees to be repatriated as early as practicable. Two days after releasing the plan, Bernadotte was assassinated by Jewish terrorists. When US secretary of state George Marshall endorsed Bernadotte’s plan three days after his murder, “the floodgates of domestic protest really burst.” In late October Truman told the State Department and Marshall expressly that he wanted no statements or votes at the UN on Palestine until after the election.

In late October and November, Israel conquered the Negev, in December the Galilee, and in late De- cember and January battled with Egypt, before the final cease-fire. After the election, as Lovett explained to Marshall, “ ‘the President’s position is that if Israel wishes to retain that portion of the Negev granted it under Nov 29 resolution, it will have to take rest of Nov 29 settlement, which means giving up western Galilee and Jaffa,’ ” with the proviso that changes “ ‘should be made only if fully acceptable to the State of Israel.’ ” (229) Gendzier attributes this to US “strategic interest” in Israel. Yet, while

Truman remained responsive to domestic political pressures to back Israel, after his re-election he demonstrated an unprecedented degree of impartiality. . . Truman appointed as secretary of state Dean G. Acheson, who had earned the president’s trust and confidence. . . Under Acheson, State Department officials obtained Truman’s explicit consent to their policies on Arab-Israeli issues, and he refrained from overturning their handiwork.

Or tried harder to refrain.

The UN established the Palestine Conciliation Commission in December, 1948, which led to a peace conference at Lausanne, Switzerland in May, 1949. In preparation, “Truman originally authorized the State Department to contest Israeli retention of land beyond the partition borders. . . Accordingly, Truman wrote King Abdullah of Jordan that ‘Israel is entitled to the territory allotted to her’ by partition, but ‘if Israel desires additions. . . it should offer territorial compensation.’” At Lausanne, Israel proposed to retain Jaffa and the western Galilee without giving compensation, angering the US delegate, Mark Etheridge, a personal friend of Truman. The State Department was angered by “evidence that ‘certain agents of the Israeli government’ had indirectly pressured Truman to relent,” and suggested “ ‘immediate adoption of a generally negative attitude toward Israel.’ ”

State presented Truman “with a choice between approving department policy ‘on behalf of our national interest’ or overruling it in light of ‘strong opposition in American Jewish circles.’” Truman warned Israeli prime minister Ben-Gurion that “his refusal to honor partition borders would force the U.S. to conclude ‘that a revision of its attitude toward Israel has become unavoidable.’” Initially, “the president decided ‘to stand completely firm.’” In August, Truman endorsed a plan “to remove the southern Negev from Israel, and declared that Israel ‘sh[ou]ld be left under no illusion. . . that there is any difference   of view’ between the White House and the State Department.” Israel claimed that Arab aggression had invalidated the partition resolution, and that its security depended on occupying further territory. “The Foreign Ministry also intensified its indirect pressure on Truman by ‘recruiting everybody we’ve got. . . all the Baruchs, Crums, Frankfurters, Welles, young and old Roosevelts, etc., and making an all-out effort’ to change Truman’s mind.”

Israeli President Chaim Weizmann, Truman’s Zionist anti-conscience during the statehood campaign, wrote another eloquent, sentimental appeal. Eddie Jacobson, Truman’s old Army buddy, postwar business partner, and Zionist last resort, again visited the White House, at Israeli Ambassador Elath’s request, and secured a pledge that “ ‘no single foot of land will be taken from Israel in [the] Negev.’ ” “Truman’s change of heart forced Acheson to suspend pressure on Israel and adjourn the Lausanne conference.”

Gendzier’s account discusses the frustration of Etheridge and the State Department, and Zionist lob- bying, but downplays Truman’s support for State, which Zionism overwhelmed. (Chapter 12, “The PCC, Armistice, Lausanne and Refugees”) Her chronology of US policymaking is subsumed in August, 1949, at the height of tension over territory and refugees, by discussion of an alleged epiphany of Israel’s “strategic value” in the government. She claims that this, rather than the machinations of the Israel Lobby, led the US to accept Israel’s sovereignty over conquered territory, and its adamant opposition to refugee repatriation. “The importance of the changing assessments of Israel and the Middle East by the Joint Chiefs of Staff (JCS) and the secretary of defense cannot be overestimated. . . the JCS concluded that Israel’s military justified US interest, and such interest merited lowering the pressure on Israel to ensure that it turned away from the USSR and toward the West and the United States.” (239)

Gendzier notes Acheson’s comment on an Israeli request in March 1949 for US military training. “ ‘Giving such permission could be one way of encouraging Israel towards a western orientation.’ ” (279) As Gendzier acknowledges, the Joint Chiefs turned down the request, “so long as a risk of war between Israel and the Arab states continued to exist. The Israeli army was not in dire need of foreign technical assistance, and the United States might become overtly involved if the Arab-Israeli conflict resumed. . . US strategic interests in the Middle East would unquestionably suffer under these circumstances” because of identification with Israel. Israel’s “orientation” was less important than US standing in Arab eyes.

Gendzier notes Acheson’s insistence to Israeli foreign minister Moshe Sharett in March, 1949, that “Israel consider accepting ‘a portion, say a fourth, of the refugees eligible for repatriation’.” (259) A State Department mission called for “Israel to repatriate at least 200,000 refugees” for any “satisfactory solution of the refugee problem” at the same time. (262) State rejected an Israeli offer to repatriate 100,000, and Truman supported Acheson’s decision to withhold $49 million of a $100 million loan. Yet “Israel used [Truman aide David] Niles as a conduit to complain about Acheson’s ‘coercion and blackmail,’ and Acheson, feeling pressured by the White House, capitulated,” releasing further sums, “even though Israel remained unyielding on the refugee issue.”

From 1949-52, the State Department proposed a mixture of development projects in the Arab countries and political initiatives, revisiting the 100,000 figure. All foundered on Israeli hostility, Congressional limits on funding, Arab aversion to implicit recognition of Israel, and the refugees’ desire to return home. “By 1951, officials in Washington concluded that large-scale repatriation would prove impossible in light of Israeli resistance, thus essentially embracing the Israeli view that resettlement on a grand scale provided the only realistic solution.”

The “realistic solution” proved to be the refugee camps, whose restive populations formed the guerilla factions that were the popular base of the Palestinian national movement of the 1960s, with all their political and social consequences. The State Department had foreseen this outcome and sought to ameliorate the conditions that produced it. Acheson’s withholding of the balance of the loan, until Israel reached Truman and countermanded him, and later efforts, strongly suggest that the Israel Lobby, not a concern for Israel’s orientation, was the decisive factor.

Gendzier notes that the Pentagon opposed partition, but argues that, after the Arab-Israeli war, it recognized Israel’s strategic value in the event of war with the USSR. The Soviet Union was expected to occupy the Middle East to prevent attacks on its southern regions from there, and to deny the Suez Canal, the Gulf and the oil fields to the Allies. The US declined to commit ground forces to the region in advance, but would station bombers at Britain’s Suez Canal bases to attack the USSR. The US had no plans to defend the oil fields, but would sabotage and bomb them.

In a brief memo titled “United States Strategic Interests in Israel,” in spring, 1949, the Joint Chiefs noted Israel’s harbor at Haifa, its network of bases and airfields (British legacies), both excellent but small and limited, and its battle-tested fighting forces. Israel flanked the Suez Canal, and dominated communications northward. The Chiefs did not view Israel as a potential base because it could not support large forces, nor was there need to develop facilities “because of the more highly developed and more accessible Cairo-Suez area some two hundred miles to the West.” Those British facilities “along the Suez Canal comprised 38 army camps and 10 airfields. In 1945 it was the single largest military base in existence, anywhere across the globe.”

Britain was charged with defending the Middle East, and US confidence in Britain’s ability to secure even the Suez Canal declined steadily after 1945. This culminated in the US abandoning the Middle East en- tirely, including the Canal, to concentrate its forces outside Britain in northwest Africa. The US announced this strategy at the ABC (American-British-Canadian) planners’ conference in fall, 1949 in Washington, and implemented it in the Offtackle plan, approved by the Joint Chiefs by year-end. US war planners viewed Israel as cannon fodder, which would expend itself defending a target they doubted could be held and would abandon.

The abandonment of Egypt for northwest Africa was in turn superseded by a “northern tier” strategy centered on Turkey, scene of early Cold War skirmishes. In 1947 the Truman Doctrine proclaimed the defense of Greece and Turkey. The US genuinely viewed Turkey as a “strategic asset,” and US policy was predictable. By the end of 1950 US military aid to Turkey totaled $271 million, with $154 million allocated in fiscal year 1951. By 1950, the US had trained Turkish troops in eight military schools, supplied the Turkish army with 50,000 tons of war materiel, and provided 11 surface vessels and four submarines to the Turkish navy. The Turkish air force received 314 World War II aircraft, with 25 jet fighters to be delivered in 1951, while numerous airfields were modernized or built outright. Turkey had remained neutral in World War II, and resisted being turned into an offensive base against the USSR without concrete assurances of western support. The US recognized this, and Turkey became an associate member of Nato in 1950, and a full member in 1951.

This was a total contrast with Israel. Gendzier cites the Pentagon’s statements about Israel as momentous portents, but concedes that the US refused Israel’s repeated requests for military ties. As noted, Gendzier acknowledged that the Joint Chiefs turned down the March, 1949, request for training. Gendzier also acknowledges that the Pentagon rejected a 1950 Israeli request for advanced weaponry, after Britain sold arms to Egypt. The Pentagon still found that “Israel had ‘the preponderance of striking power’ in the region and that additional arms acquisitions ‘would increase Israel’s offensive capabilities and give incentive to offensive planning.’”

Gendzier omits the denouement of this episode. Sharett decided to mount a major campaign in the US, and Truman yielded to crushing pressure and instructed the State Department “to formulate an arms supply policy that would satisfy the ‘many active sympathizers with Israel in this country.’” The “resourceful State Department” crafted the Tripartite Declaration with Britain and France, conditioning arms sales to Middle East states on a pledge of non-aggression, for purposes of “ ‘internal security and their legitimate self-defense’ ” and “ ‘defense of the region as a whole.’ ” Arab and Israeli reaction was guardedly positive, and the effect was to limit overall arms sales to the region.

Nor does Gendzier discuss military alliances. The Korean War in 1950 raised US concern about the Middle East, and to defend “against the Soviets and to assuage Arab anger about Israel, U.S. planners resolved to erect a security pact on Arab foundations.” The Middle East Command would be centered on Egypt, but exclude Israel “in light of Israeli neutralism and Arab-Israeli dynamics.” Israel in any event declined to join the pact, fearing obligations and compromises, and preferring direct relations with the US. Egypt rejected the MEC, abrogated its defense treaty with Britain, which ceded the bases in the Suez Canal Zone, and demanded that British forces leave Egypt. A successor proposal, the looser Middle East Defense Organization, foundered for the same reasons.

At the end of Chapter 13, “The View from the Pentagon and the National Security Council,” having strongly implied otherwise, Gendzier states that the “reassessment of Israel in 1949 cannot be interpreted as evidence that the JCS envisioned a ‘special relationship’ with Israel at this date.” (292)

What it signified was recognition of the potential value, in terms of U.S. strategy, of a state whose origins had originally aroused opposition due to the fear that U.S. support would imperil access to oil. Its reconsideration was in the context of U.S. calculations with respect to the overall assessment of “U.S. Strategic Position in the Eastern Mediterranean and Middle East,” in which the exclusion of communist penetration into Greece, Turkey and Iran was paramount. (292)

At the end of the final Chapter 14, “The Israeli-U.S. Oil Connection and Expanding U.S. Oil Interests,” Gendzier claims that “after independence, Israel emerged as an asset,” which “led U.S. officials to reduce their pressure on Israel” over refugee repatriation, territorial exchange and Jerusalem. “The decision to defer to Israel on these core issues signified Washington’s subordination of the Palestine Question, and its legitimation of Israel’s use of force in its policy toward the Palestinians to considerations of US interest.” (301)

The first set of claims is greatly exaggerated, the second is unproven at best. Israel’s “potential value” in US strategy was negligible. The US declined to sell Israel arms or include it in regional alliances. It abandoned the only theater in which Israel would be useful, before settling on its northern tier strategy. The US was concerned about the Cold War alignment of the entire region, and certainly not more for Israel than for the Arab states. The authoritative “Report by the National Security Council on United States Policy Toward Israel and the Arab States” in October, 1949, is even-handed, not a brief for Israel, and referred to a settled policy of refugee repatriation, territorial exchange and the internationalization of Jerusalem. The US was concerned about the destruction of Palestine for its own strategic reasons, because it feared Arab resentment of Israel as an opening for Soviet influence, and because of the radicalizing potential of the refugee population. The US continued to seek both refugee repatriation and territorial exchange, but was overwhelmed by the Israel Lobby.

Gendzier is trying to make the Israel Lobby disappear, to insert the “strategic asset” argument in the 1940s, in the face of a large body of writing depicting the Lobby’s paramount influence in this period. The overriding lesson of the 1940s is not the “primacy of oil,” but the “primacy of Zion.” “The Zionist lobby came into its own during the Truman presidency.” The Israel Lobby was powerful enough to overwhelm the US diplomatic and military establishments, and major business interests, and their settled policy, and to force them to adapt to its imperatives, beginning, but certainly not ending, with the destruction of Palestine.

No reader with an interest in the period will be persuaded about Gendzier’s “foundations” of Middle East policy, but her account does show that the US made practical adjustments after Israel’s establishment. The US abandoned the idea of Palestinian sovereignty embodied in the partition resolution, and acceded to Jordanian control of the remainder of Palestine, which disappeared as a political subject, replaced by discussion of refugees and ameliorative economic development. Some US officials advocated population transfer and border revisions to make Israel more compact and homogeneous. This was practical accommodation to Zionist realities, not a “strategic” adoption of Israel. US policymakers advanced plans for a general settlement and joint Arab-Israeli projects, in pursuit of “stability,” against Zionism’s destabilization. In October, 1947 the CIA predicted that “ ‘no Zionists in Palestine will be satisfied with the territorial arrangements of the partition settlement. Even the more conservative Zionists will hope to obtain. . . eventually all of Palestine.’ ” (70)

Too much of the book is unoriginal, or too long and distant from Gendzier’s main claims. The book begins with four pages establishing that senior US government officials were drawn from business elites. A discussion of US immigration and refugee policy misnames Roosevelt confidante Morris L. Ernst as “Ernest Morris.” (37) Curiously, for a work with high ambitions, by a professor emerita at Boston University, from a leading academic press, there is no bibliography.

The reader will learn from this book, if not the expected lessons. It reveals perhaps most of all the level of discussion in the United States, ten years after Professors John Mearsheimer and Stephen Walt tried to mainstream the issue of the Israel Lobby.

A PDF with notes of this article is at https://questionofpalestine.net/2016/04/21/dying-to-forget-the-israel-lobby/

May 27, 2016 Posted by | Book Review, Economics, Ethnic Cleansing, Racism, Zionism, Timeless or most popular, Wars for Israel | , , , , , , , , , | Leave a comment

U.S. Government Secretly Destroyed Evidence in Trial of Accused “9/11 Masterminds”

By Derrick Broze | Activist Post | May 21, 2016

In another setback for the death penalty trial of the five men accused of aiding the terrorist attacks of September 11, 2001, two defense lawyers for Khalid Shaikh Mohammed say the U.S. government secretly destroyed relevant evidence.

On May 11, defense lawyers for the accused mastermind of the 9/11 terror attacks asked for judge Col. James Pohl and the prosecution team to be recused from the trial, and for the case to be shut down. Defense lawyers David Nevin and Maj. Derek Poteet say that the U.S. government destroyed evidence related to the case, according to the New York Times. The two men are unable to provide further details because the issue is classified, but Mr. Nevin said the evidence was “favorable” to the defendants.

Major Poteet also told the Times that the defense was first informed in February that Colonel Pohl would provide them with a “summary of a substitute” for the original, classified evidence. The defense requested Colonel Pohl to preserve the evidence for the record and Pohl complied. Or so they thought.

“But they learned in February, they said, that about 20 months earlier, and without their knowledge, prosecutors had obtained from Colonel Pohl a secret order that reversed his previous decision,” the Times writes. “By the time they found out, the government had already destroyed the evidence, giving them no opportunity to challenge the move.”

Major Poteet said the situation created the appearance that Colonel Pohl was “colluding with the government.” The Times reports that the original, now destroyed evidence, may have been related to one of several foreign black site prisons operated by the Central Intelligence Agency in Thailand, Poland, Romania, Lithuania and Afghanistan, and at a secret site at the Guantánamo base. KSM was tortured for several years at one of these sites before being transferred to the military prison at Guantánamo Bay, Cuba in 2006.

The accusations are likely to delay upcoming scheduled hearings from May 30 to June 3. If there is a delay it will be latest in a long line of interruptions to this alleged pursuit of justice. Most recently, Col. Pohl canceled two weeks of hearings that were scheduled to begin on Friday, April 1st.

“The whole thing is really odd to me. I thought it was an April Fools’ joke,” said Chicago defense attorney Cheryl Bormann, who was already in Washington to travel to Guantánamo this weekend to represent alleged 9/11 plot deputy Walid bin Attash.

The destruction of evidence is, unfortunately, not the first controversy this trial has faced. Another conflict of interest became an issue in 2014 when the defense attorneys for Mohammed and the four alleged co-conspirators said they believed they were being spied on by the Federal Bureau of Investigation.

Foreign Policy reported,

the FBI had secretly conducted an investigation into possible wrongdoing on the part of one or more members of the five separate defense teams (one for each defendant). Such an investigation could put defense team members in the untenable position of having to provide information to defend themselves or others against possible criminal action — information that could be used against the interests of their own clients.

There was also the issue of interference from outside sources during the hearings. FP continues:

In January 2013, the court’s audio-visual feed, visible to a small set of commission observers, was abruptly cut off by someone other than Judge Pohl; previously, Pohl was believed to be the only person with the authority to use the unique-to-Guantanamo “kill-switch.”

Later, a clearly annoyed Pohl learned that something called the Original Classification Authority (OCA) — which is likely the CIA given that most of the information subject to censorship in the case is related to the agency’s rendition, detention, and interrogation program — had hit the kill switch. Judge Pohl promptly cut off their privileges.

In February 2013 it was revealed that listening devices were hidden within smoke detectors, possibly infringing upon attorney-client privileges. The defense also claimed their emails and work files were disappearing. Former defendant Ramzi Bin al-Shibh was also removed from the trial by the judge in an attempt to speed the process along after so many delays. However, critics argue that al-Shibh was removed because he refused to be quiet, complaining loudly of sleep deprivation.

Is this trial really about truth, justice, and upholding law and order? If the military court hopes to find something close to the truth they should open the hearings to the public, end the spying on the defense team, and be transparent about the treatment of the alleged hijackers. Only by allowing the truth to be released will the wounds of 9/11 begin to heal.

Derrick Broze is an investigative journalist and liberty activist. He is the Lead Investigative Reporter for ActivistPost.com and the founder of the TheConsciousResistance.com. Follow him on Twitter.

May 24, 2016 Posted by | Civil Liberties, Deception, False Flag Terrorism | , , , , , | Leave a comment

Power Loves the Dark

Police Nationwide Are Secretly Exploiting Intrusive Technologies With the Feds’ Complicity

By Matthew Harwood and Jay Stanley | TomDispatch | May 19, 2016

Can’t you see the writing on the touchscreen? A techno-utopia is upon us. We’ve gone from smartphones at the turn of the twenty-first century to smart fridges and smart cars. The revolutionary changes to our everyday life will no doubt keep barreling along. By 2018, so predicts Gartner, an information technology research and advisory company, more than three million employees will work for “robo-bosses” and soon enough we — or at least the wealthiest among us — will be shopping in fully automated supermarkets and sleeping in robotic hotels.

With all this techno-triumphalism permeating our digitally saturated world, it’s hardly surprising that law enforcement would look to technology — “smart policing,” anyone? — to help reestablish public trust after the 2014 death of Michael Brown in Ferguson, Missouri, and the long list of other unarmed black men killed by cops in Anytown, USA. The idea that technology has a decisive role to play in improving policing was, in fact, a central plank of President Obama’s policing reform task force.

In its report, released last May, the Task Force on 21st Century Policing emphasized the crucial role of technology in promoting better law enforcement, highlighting the use of police body cameras in creating greater openness. “Implementing new technologies,” it claimed, “can give police departments an opportunity to fully engage and educate communities in a dialogue about their expectations for transparency, accountability, and privacy.”

Indeed, the report emphasized ways in which the police could engage communities, work collaboratively, and practice transparency in the use of those new technologies. Perhaps it won’t shock you to learn, however, that the on-the-ground reality of twenty-first-century policing looks nothing like what the task force was promoting. Police departments nationwide have been adopting powerful new technologies that are remarkably capable of intruding on people’s privacy, and much of the time these are being deployed in secret, without public notice or discussion, let alone permission.

And while the task force’s report says all the right things, a little digging reveals that the feds not only aren’t putting the brakes on improper police use of technology, but are encouraging it — even subsidizing the misuse of the very technology the task force believes will keep cops honest. To put it bluntly, a techno-utopia isn’t remotely on the horizon, but its flipside may be.

Getting Stung and Not Even Knowing It

Shemar Taylor was charged with robbing a pizza delivery driver at gunpoint. The police got a warrant to search his home and arrested him after learning that the cell phone used to order the pizza was located in his house. How the police tracked down the location of that cell phone is what Taylor’s attorney wanted to know.

The Baltimore police detective called to the stand in Taylor’s trial was evasive. “There’s equipment we would use that I’m not going to discuss,” he said. When Judge Barry Williams ordered him to discuss it, he still refused, insisting that his department had signed a nondisclosure agreement with the FBI.

“You don’t have a nondisclosure agreement with the court,” replied the judge, threatening to hold the detective in contempt if he did not answer. And yet he refused again. In the end, rather than reveal the technology that had located Taylor’s cell phone to the court, prosecutors decided to withdraw the evidence, jeopardizing their case.

And don’t imagine that this courtroom scene was unique or even out of the ordinary these days. In fact, it was just one sign of a striking nationwide attempt to keep an invasive, constitutionally questionable technology from being scrutinized, whether by courts or communities.

The technology at issue is known as a “Stingray,” a brand name for what’s generically called a cell site simulator or IMSI catcher. By mimicking a cell phone tower, this device, developed for overseas battlefields, gets nearby cell phones to connect to it. It operates a bit like the children’s game Marco Polo. “Marco,” the cell-site simulator shouts out and every cell phone on that network in the vicinity replies, “Polo, and here’s my ID!”

Thanks to this call-and-response process, the Stingray knows both what cell phones are in the area and where they are. In other words, it gathers information not only about a specific suspect, but any bystanders in the area as well. While the police may indeed use this technology to pinpoint a suspect’s location, by casting such a wide net there is also the potential for many kinds of constitutional abuses — for instance, sweeping up the identities of every person attending a demonstration or a political meeting. Some Stingrays are capable of collecting not only cell phone ID numbers but also numbers those phones have dialed and even phone conversations. In other words, the Stingray is a technology that potentially opens the door for law enforcement to sweep up information that not so long ago wouldn’t have been available to them.

All of this raises the sorts of constitutional issues that might normally be settled through the courts and public debate… unless, of course, the technology is kept largely secret, which is exactly what’s been happening.

After the use of Stingrays was first reported in 2011, the American Civil Liberties Union (ACLU) and other activist groups attempted to find out more about how the technology was being used, only to quickly run into heavy resistance from police departments nationwide. Served with “open-records requests” under Freedom of Information Act-like state laws, they almost uniformly resisted disclosing information about the devices and their uses. In doing so, they regularly cited nondisclosure agreements they had signed with the Harris Corporation, maker of the Stingray, and with the FBI, prohibiting them from telling anyone (including other government outfits) about how — or even that — they use the devices.

Sometimes such evasiveness reaches near-comical levels. For example, police in the city of Sunrise, Florida, served with an open-records request, refused to confirm or deny that they had any Stingray records at all. Under cover of a controversial national security court ruling, the CIA and the NSA sometimes resort to just this evasive tactic (known as a “Glomar response“). The Sunrise Police Department, however, is not the CIA, and no provision in Florida law would allow it to take such a tack. When the ACLU pointed out that the department had already posted purchase records for Stingrays on its public website, it generously provided duplicate copies of those very documents and then tried to charge the ACLU $20,000 for additional records.

In a no-less-bizarre incident, the Sarasota Police Department was about to turn some Stingray records over to the ACLU in accordance with Florida’s open-records law, when the U.S. Marshals Service swooped in and seized the records first, claiming ownership because it had deputized one local officer. And excessive efforts at secrecy are not unique to Florida, as those charged with enforcing the law commit themselves to Stingray secrecy in a way that makes them lawbreakers.

And it’s not just the public that’s being denied information about the devices and their uses; so are judges. Often, the police get a judge’s sign-off for surveillance without even bothering to mention that they will be using a Stingray. In fact, officers regularly avoid describing the technology to judges, claiming that they simply can’t violate those FBI nondisclosure agreements.

More often than not, police use Stingrays without bothering to get a warrant, instead seeking a court order on a more permissive legal standard. This is part of the charm of a new technology for the authorities: nothing is settled on how to use it. Appellate judges in Tallahassee, Florida, for instance, revealed that local police had used the tool more than 200 times without a warrant. In Sacramento, California, police admitted in court that they had, in more than 500 investigations, used Stingrays without telling judges or prosecutors.  That was “an estimated guess,” since they had no way of knowing the exact number because they had conveniently deleted records of Stingray use after passing evidence discovered by the devices on to detectives.

Much of this blanket of secrecy, spreading nationwide, has indeed been orchestrated by the FBI, which has required local departments eager for the hottest new technology around to sign those nondisclosure agreements. One agreement, unearthed in Oklahoma, explicitly instructs the local police to find “additional and independent investigative means” to corroborate Stingray evidence. In short, they are to cover up the use of Stingrays by pretending their information was obtained some other way — the sort of dangerous constitutional runaround that is known euphemistically in law enforcement circles as a “parallel construction.” Now that information about the widespread use of this new technology is coming out — as in the Shemar Taylor trial in Baltimore — judges are beginning to rule that Stingray use does indeed require a warrant. They are also insisting that police must accurately inform judges when they intend to use a Stingray and disclose its privacy implications.

Garbage In, Garbage Out

And it’s not just the Stingray that’s taking local police forces into new and unknown realms of constitutionally questionable but deeply seductive technology. Consider the hot new trend of “predictive policing.” Its products couldn’t be high-techier. They go by a variety of names like PredPol (yep, short for predictive policing) and HunchLab (and there’s nothing wrong with a hunch, is there?).  What they all promise, however, is the same thing: supposedly bias-free policing built on the latest in computer software and capable of leveraging big data in ways that — so their salesmen will tell you — can coolly determine where crime is most likely to occur next.

Such technology holds out the promise of allowing law enforcement agencies to deploy their resources to areas that need them most without that nasty element of human prejudice getting involved. “Predictive methods allow police to work more proactively with limited resources,” reports the RAND Corporation. But the new software offers something just as potentially alluring as efficient policing — exactly what the president’s task force called for. According to market leader PredPol, its technology “provides officers an opportunity to interact with residents, aiding in relationship building and strengthening community ties.”

How idyllic! In post-Ferguson America, that’s a winning sales pitch for decision-makers in blue. Not so surprisingly, then, PredPol is now used by nearly 60 law enforcement agencies in the United States, and investment capital just keeps pouring into the company. In 2013, SF Weekly reported that over 150 departments across the nation were already using predictive policing software, and those numbers can only have risen as the potential for cashing in on the craze has attracted tech heavy hitters like IBM, Microsoft, and Palantir, the co-creation of PayPal co-founder Peter Thiel.

Like the Stingray, the software for predictive policing is yet another spillover from the country’s distant wars. PredPol was, according to SF Weekly, initially designed for “tracking insurgents and forecasting casualties in Iraq,” and was financed by the Pentagon. One of the company’s advisors, Harsh Patel, used to work for In-Q-Tel, the CIA’s venture capital firm.

Civil libertarians and civil rights activists, however, are less than impressed with what’s being hailed as breakthrough police technology. We tend to view it instead as a set of potential new ways for the police to continue a long history of profiling and pre-convicting poor and minority youth. We also question whether the technology even performs as advertised. As we see it, the old saying “garbage in, garbage out” is likely to best describe how the new software will operate, or as the RAND Corporation puts it, “predictions are only as good as the underlying data used to make them.”

If, for instance, the software depends on historical crime data from a racially biased police force, then it’s just going to send a flood of officers into the very same neighborhoods they’ve always over-policed. And if that happens, of course, more personnel will find more crime — and presto, you have the potential for a perfect feedback loop of prejudice, arrests, and high-tech “success.” To understand what that means, keep in mind that, without a computer in sight, nearly four times as many blacks as whites are arrested for marijuana possession, even though usage among the two groups is about the same.

If you leave aside issues of bias, there’s still a fundamental question to answer about the new technology: Does the software actually work or, for that matter, reduce crime? Of course, the companies peddling such products insist that it does, but no independent analyses or reviews had yet verified its effectiveness until last year — or so it seemed at first.

In December 2015, the Journal of the American Statistical Association published a study that brought joy to the predictive crime-fighting industry. The study’s researchers concluded that a predictive policing algorithm outperformed human analysts in indicating where crime would occur, which in turn led to real crime reductions after officers were dispatched to the flagged areas. Only one problem: five of the seven authors held PredPol stock, and two were co-founders of the company. On its website, PredPol identifies the research as a “UCLA study,” but only because PredPol co-founder Jeffery Brantingham is an anthropology professor there.

Predictive policing is a brand new area where question marks abound. Transparency should be vital in assessing this technology, but the companies generally won’t allow communities targeted by it to examine the code behind it. “We wanted a greater explanation for how this all worked, and we were told it was all proprietary,” Kim Harris, a spokeswoman for Bellingham, Washington’s Racial Justice Coalition, told the Marshall Project after the city purchased such software last August. “We haven’t been comforted by the process.”

The Bellingham Police Department, which bought predictive software made by Bair Analytics with a $21,200 Justice Department grant, didn’t need to go to the city council for approval and didn’t hold community meetings to discuss the development or explain how the software worked. Because the code is proprietary, the public is unable to independently verify that it doesn’t have serious problems.

Even if the data underlying most predictive policing software accurately anticipates where crime will indeed occur — and that’s a gigantic if — questions of fundamental fairness still arise. Innocent people living in or passing through identified high crime areas will have to deal with an increased police presence, which, given recent history, will likely mean more questioning or stopping and frisking — and arrests for things like marijuana possession for which more affluent citizens are rarely brought in.  Moreover, the potential inequality of all this may only worsen as police departments bring online other new technologies like facial recognition.

We’re on the verge of “big data policing,” suggests law professor Andrew Ferguson, which will “turn any unknown suspect into a known suspect,” allowing an officer to “search for information that might justify reasonable suspicion” and lead to stop-and-frisk incidents and aggressive questioning. Just imagine having a decades-old criminal record and facing police armed with such powerful, invasive technology.

This could lead to “the tyranny of the algorithm” and a Faustian bargain in which the public increasingly forfeits its freedoms in certain areas out of fears for its safety. “The Soviet Union had remarkably little street crime when they were at their worst of their totalitarian, authoritarian controls,” MIT sociologist Gary Marx observed. “But, my god, at what price?”

To Record and Serve… Those in Blue

On a June night in 2013, Augustin Reynoso discovered that his bicycle had been stolen from a CVS in the Los Angeles suburb of Gardena. A store security guard called the police while Reynoso’s brother Ricardo Diaz Zeferino and two friends tried to find the missing bike in the neighborhood. When the police arrived, they promptly ordered his two friends to put their hands up. Zeferino ran over, protesting that the police had the wrong men.  At that point, they told him to raise his hands, too. He then lowered and raised his hands as the police yelled at him. When he removed his baseball hat, lowered his hands, and began to raise them again, he was shot to death.

The police insisted that Zeferino’s actions were “threatening” and so their shooting justified. They had two videos of it taken by police car cameras — but refused to release them.

Although police departments nationwide have been fighting any spirit of new openness, car and body cameras have at least offered the promise of bringing new transparency to the actions of officers on the beat. That’s why the ACLU and many civil rights groups, as well as President Obama, have spoken out in favor of the technology’s potential to improve police-community relations — but only, of course, if the police are obliged to release videos in situations involving allegations of abuse. And many departments are fighting that fiercely.

In Chicago, for instance, the police notoriously opposed the release of dashcam video in the shooting death of Laquan McDonald, citing the supposed imperative of an “ongoing investigation.” After more than a year of such resistance, a judge finally ordered the video made public. Only then did the scandal of seeing Officer Jason Van Dyke unnecessarily pump 16 bullets into the 17-year-old’s body explode into national consciousness.

In Zeferino’s case, the police settled a lawsuit with his family for $4.7 million and yet continued to refuse to release the videos. It took two years before a judge finally ordered their release, allowing the public to see the shooting for itself.

Despite this, in April 2015 the Los Angeles Board of Police Commissioners approved a body-camera policy that failed to ensure future transparency, while protecting and serving the needs of the Los Angeles Police Department (LAPD).  In doing so, it ignored the sort of best practices advocated by the White House, the president’s task force on policing, and even the Police Executive Research Forum, one of the profession’s most respected think tanks.

On the possibility of releasing videos of alleged police misconduct and abuse, the new policy remained silent, but LAPD officials, including Chief Charlie Beck, didn’t. They made it clear that such videos would generally be exempt from California’s public records law and wouldn’t be released without a judge’s orders. Essentially, the police reserved the right to release video when and how they saw fit. This self-serving policy comes from the most lethal large police department in the country, whose officers shot and killed 21 people last year.

Other departments around the country have made similar moves to ensure control over body camera videos. Texas and South Carolina, among other states, have even changed their open-records laws to give the police power over when such footage should (or should not) be released. In other words, when a heroic cop saves a drowning child, you’ll see the video; when that same cop guns down a fleeing suspect, don’t count on it.

Curiously, given the stated positions of the president and his task force, the federal government seems to have no fundamental problem with that. In May 2015, for example, the Justice Department announced competitive grants for the purchase of police body cameras, officially tying funding to good body-cam-use policies. The LAPD applied. Despite letters from groups like the ACLU pointing out just how poor its version of body-cam policy was, the Justice Department awarded it $1 million to purchase approximately 700 cameras — accountability and transparency be damned.

To receive public money for a tool theoretically meant for transparency and accountability and turn it into one of secrecy and impunity, with the feds’ complicity and financial backing, sends an unmistakable message on how new technology is likely to affect America’s future policing practices. Think of it as a door slowly opening onto a potential policing dystopia.

Hello Darkness, Power’s Old Friend

Keep in mind that this article barely scratches the surface when it comes to the increasing numbers of ways in which the police’s use of technology has infiltrated our everyday lives.

In states and cities across America, some public bus and train systems have begun to add to video surveillance, the surreptitious recording of the conversations of passengers, a potential body blow to the concept of a private conversation in public space. And whether or not the earliest versions of predictive policing actually work, the law enforcement community is already moving to technology that will try to predict who will commit crimes in the future. In Chicago, the police are using social networking analysis and prediction technology to draw up “heat lists” of those who might perpetuate violent crimes someday and pay them visits now. You won’t be shocked to learn which side of the tracks such future perpetrators live on. The rationale behind all this, as always, is “public safety.”

Nor can anyone begin to predict how law enforcement will avail itself of science-fiction-like technology in the decade to come, much less decades from now, though cops on patrol may very soon know a lot about you and your past. They will be able to cull such information from a multitude of databases at their fingertips, while you will know little or nothing about them — a striking power imbalance in a situation in which one person can deprive the other of liberty or even life itself.

With little public debate, often in almost total secrecy, increasing numbers of police departments are wielding technology to empower themselves rather than the communities they protect and serve. At a time when trust in law enforcement is dangerously low, police departments should be embracing technology’s democratizing potential rather than its ability to give them almost superhuman powers at the expense of the public trust.

Unfortunately, power loves the dark.


Matthew Harwood is senior writer/editor with the American Civil Liberties Union. His work has appeared at Al Jazeera America, the American Conservative, the Guardian, Guernica, Salon, War is Boring, and the Washington Monthly.

Jay Stanley is senior policy analyst with the American Civil Liberty Union’s Speech, Privacy, and Technology Project. He is the editor of the ACLU’s Free Future blog and has authored and co-authored a variety of ACLU reports on privacy and technology topics.

Copyright 2016 Matthew Harwood and Jay Stanley

May 20, 2016 Posted by | Civil Liberties, Full Spectrum Dominance, Timeless or most popular | , , , , | Leave a comment

‘Pouring arms onto troubled Libyan waters makes no sense’

RT | May 17, 2016

World powers’ decisions to provide weapons to Libya’s unity government may lead to negative consequences as the arms will likely be used not only against ISIS but against all other sides, says Marko Gasic, an international affairs commentator.

World powers are ready to lift an arms embargo and to arm Libya’s internationally-recognized unity government to combat Islamic State terrorists.

The decision was announced by US Secretary of State John Kerry on Monday as members of the UN Security Council signed an official communique at talks in Vienna.

RT discussed the issue with experts.

RT: Libya is far from stable at the moment. Is this the right time to arm the country?

Diana Johnstone, political writer: There isn’t any right time. This would be comic if it wasn’t so tragic. We talk about the internationally recognized government. This is an internationally imposed government that was imposed by the supposed UN which has become really an instrument of US policy in this case. This government is called the government of national accord – but there is no national accord, this is a government of international accord that allows the US to bring in 20 countries to fight ISIS. Of course, ISIS is there because of the US bombing. So this is a perfectly circular situation: the US creates the chaos and then sends in soldiers…

RT: Is Libya ready to be armed? Or will this add more fuel to the fire?

Abayomi Azikiwe, the editor of Pan-African News Wire: We have to look at who caused the crisis in Libya. It was, in fact, the Pentagon, the CIA and NATO that armed Islamist extremist organizations five years ago. NATO and the Pentagon [dropped] 10,000 bombs on the country over a period of seven months. It is they who created the crisis. This is just another method of justifying a ground intervention in Libya by saying they are willing to lift the arms embargo. The arms embargo was imposed by the Pentagon and NATO during the period of the bombing in 2011. They were the ones who prevented arms and other goods from reaching Libya.

RT: Is it a practical way to try and counter ISIS in Libya?

AA: I don’t think it is a method to bring stability to Libya. It was the US who created the conditions for the growth of ISIS in Iraq and later in Syria.  Because of the intervention of Russia, of Hezbollah, of Lebanon and assistance from the Islamic Republic of Iran many of them have now been forced to flee to Libya, where there is a political vacuum in existence. I think that the US has to be honest about its overall intentions in Libya. They have destroyed the country. They turned it into one of the major sources of human trafficking across North Africa, the Mediterranean into southern, eastern and central Europe.  They created the worst humanitarian crisis since the conclusion of World War Two with some 60 million refugees and internally displaced persons. No, I don’t think they can create a solution for the problem that they in fact are responsible for bringing into existence.

RT: How do you see this decision to arm the recognized government – decisive or destructive?

Marko Gasic, an international affairs commentator: I don’t know what there is to recognize here because what we have to recognize first of all, is that there is a degree of chaos in Libya. There are alliances which are shifting, which are in a state of flux, which you can’t predict probably more than couple of months ahead.  It makes no sense to be pouring arms onto troubled Libyan waters because all that we are going to do effectively is give one side an encouragement to attack the other side, to create more refugees and problems for Libya and the wider region.

The problem is of course that ISIS will not be the only side that will be attacked. Because when a side has weapons it of course will use these weapons against all its enemies as convenient. It is not going to have a glass ceiling between one of the enemies and the other. It will simply act in a pragmatic way to achieve its self-interests. So, there is absolutely no guarantee that these weapons would purely be used against ISIS. And they are far more likely to be used against all other sides as well with negative consequences to the stability of Libya and also for the chance of creating an inclusive solution for the peoples of Libya because with an increasing killing, an upscale of killing we are not going to have less polarization – we are going to get more.

May 18, 2016 Posted by | Militarism | , , , , , | Leave a comment

Why did the US government destroy evidence in the Guantanamo Bay trial of Khalid Sheikh Mohammed?

By Prof. Tony Hall | American Herald Tribune | May 14, 2016

The so-called “mastermind of 9/11” is appearing before the kangaroo court at the US Torture Chamber and Concentration Camp in Guantanamo Bay Cuba. The main defendant appearing before the secretive military proceedings is a person the US government says is Khalid Sheikh Mohammed, aka KSM.

In 2003 the Asia Times highlighted the controversy over the actually status of the entity said to be KSM. A person by this same name was earlier reported to have been killed by Pakistani authorities in Karachi. Sayed Saleem Shahzad reported for AT, “Clearly, no one has the final word on whether Khalid is dead, was captured earlier, or is still free.”

In 2003 and 2004 the US government depended heavily on the real or concocted personae of KSM as a major source of “evidence” in the Philip Zelikow-authored fable known as the 9/11 Commission Report. An expert in the engineering of public mythology to secure popular consent for so-called pre-emptive warfare, Professor Zelikow was one of the key point persons responsible for pinning the false flag terror extravaganza of 9/11 on CIA asset Osama bin Laden.

Interestingly bin Laden’s homies in al-Qaeda have reverted back to a role similar to that assigned them by the US government during the presidency of Ronald Reagan. Along with its offshoot, al-Nusra, al Qaeda is part of the so-called “moderate rebels” engaged in Syria in something of a repeat of the US-backed operation in Afghanistan in the 1980s. As in Afghanistan and now in the Syrian theatre of superpower confrontation, al-Qaeda is part of a US proxy army put together by the CIA to bring about violent regime change. The current target is the Syrian government of Bashir al-Assad.

Once cast in the role of #3 jihadist in the staged drama associated with al-Qaeda, KSM was assigned an important part in Zelikow’s fictionalized narrative of 9/11. KSM was alleged to be the primary source of “evidence” that pinned the 9/11 debacle on Islamic jihadists rather than on a closely knit group of Zio-American Israel Firsters including Zelikow himself. A growing body of evidence has exposed this neocon clique, many of whom are dual Israeli and US citizens, as the primary group that led the planning, execution and attempted cover up of the 9/11 crimes.

Much to the eventual chagrin of even the figure heads set up to be co-chairs of the 9/11 Commission, the concocted evidence on which Philip Zelikow drew was obtained in torture sessions at secret CIA dark sites where the entity know as KSM was supposedly locked away until he was delivered to Guantanamo Bay in 2006. Even by the government’s own accounting of this torturing of KSM included 183 waterboardings over the period of a single month.

Like a New Pearl Harbor

George W. Bush’s war-cabinet-in-waiting signaled its plans for the global coup d’é·tat a year prior to the 9/11 false flag terror event. In a report of the Project for a New American Century (PNAC), the Israel Firsters laid out a plan whose real aim was to transform the Jewish state’s dispossessed regional enemies into one part of a worldwide Islamic enemy said to be posed against the so-called “West.” In order to build up the military muscle of the US Armed Services so it could act as an enforcer of the interests of a “Greater Israel,” public consent for this agenda would have to be engineered through the manufacturing of a surprise attack “like New Pearl Harbor.”

On 9/11 the United States was delivered its new Pearl Harbour. In 2004 the Zelikow Report, also known as The 9/11 Commission Report, formalized officialdom’s adoption of the Israeli Firsters’ cover story of what transpired on September 11, 2001. The 9/11 Commission helped reify as supposed fact an engineered fable purposely saturated with evocative religious symbolism. This religious fable attributed the strikes on the major architectural icons of US military and commercial might to a globalized Islamic fighting force said to be acting with self-directed independence.

Within the flash of a single news cycle the military-industrial complex and its attending national security apparatus were supplied with precisely the kind of malleable global enemy required to maintain and grow the business of aggressive warfare abroad, police state intervention at home. Obsolete Cold Warriors like Donald Rumsfeld and Dick Cheney immediately walked into new and prestigious roles as czars of an open-ended War on Terror.

The vast military and intelligence establishment formerly built up as an instrument of US-directed anti-communism was thereby turned to the task of anti-terrorism. Old elites and pyramids of power were thereby preserved. Many of those at the heights of these structures of privilege were further empowered, entitled and entrenched, all in the name of a specious Global War on Terror.

In the course of this process the entity said to be KSM became an important prize and asset for those engaged in cashing in on the lucrative privatized growth of the national security business. Through the intervention of White House operative Philip Zelikow, KSM’s supposed testimony was transferred from a torture chamber in Eurasia to serve the interests of insiders buzzing in and around the Washington Beltway. One of the patsies had to be singled out to incriminate the other patsies and the entity know as KSM was inducted to serve that strategic function.

The shape of things to come was foreshadowed on the morning of 9/11 with the BBC’s extension to Ehud Barak, a former Prime Minister of Israel, of full license to finger on world television the targets for post-9/11 revenge. Without any formal investigation at all, the former Israeli General and intelligence officer named as probable culprits Osama bin Laden, Yasser Arafat, Iraq, Iran and Libya. Barak provided this list only minutes after an aircraft was pictured not even slowing down as it cut into the South Tower like a hot knife slicing through butter.

Some of the most basic laws of physics were apparently defied by the televised spectacle of an aluminum plane smashing seemingly unobstructed through thick steel beams; of massive skyscrapers plunging symmetrically down to earth through the course of maximum resistance at near free fall speeds. What was the exotic technology that transformed three massive steel-frame WTC Towers into huge plumes of vapor and toxic dust clouds? Such a dramatic change in the composition of gargantuan masses of matter could not have been realized without the igniting of energy sources far more explosively powerful than some combination of jet fuel fires, melted metal and the pancaking effects of gravity.

The demise of a third structure, sometimes known as Lucky Larry Silverstein’s World Trade Center 7, poses its own unique set of questions. It is completely impossible that an office fire caused this 47-story steel-frame structure not hit by any airplane to instantly collapse late in the afternoon of 9/11. The only credible explanation is that of the late Danny Jowenko, Europe’s leading expert in controlled demolition before he died under mysterious circumstances in 2011. In his filmed response to a 9/11 researcher Jowenko insisted that only a group of pros would be in a position to wire the Building 7 in a way that would make it plunge to the ground as it did on 9/11.

 

9/11 and the US Government’s Destruction of Damning Evidence

It was the 9/11 Commission Report that bestowed on the real or constructed personae of KSM his title as “the mastermind of 9/11.” Gradually even the figure heads that co-chaired the 9/11 Commission have tried to distance themselves from their own study, one that they have asserted was “set up to fail.” And fail it did in very consequential ways. As Benjamin DeMott explained in his review in Harper’s Magazine of The 9/11 Commission Report, it’s a “whitewash” and a “fraud” that “dangerously reenergizes a national relish for fantasy.”

As they came to understand the deceptiveness to which they had been subjected, the co-chairs became especially chagrined that they were not permitted to question KSM and the other “witnesses” whose supposed damning evidence was derived from illegal torture. The resort of key US officials to criminal acts of internationally outlawed torture became the subject of a major report of the US Senate Committee that presented in 2014 a very damning account of Central Intelligence Agency’s Detention and Interrogation Program.

Chaired by Diane Feinstein, the Senate investigation came in response to news that CIA officials had destroyed about 100 videos recording the intelligence agency’s ghastly extremes in extracting supposed information from those it so violently abused. Among the destroyed tapes were some on which the 9/11 Commission based some of its key conclusions.

The massive and systematic destruction of state evidence has itself become something of a smoking gun exposing the fraud and deception integral to the Global War on Terror that originated in the false flag events of 9/11. An early example of the rush to destroy evidence was marked by the actions at Ground Zero of the Federal Emergency Measures Agency, FEMA. The FEMA agents’ priority was to cart away the remnants of the three steel frame structures mostly pulverized into dust clouds on 9/11. The physical evidence of the high-tech takedown of the three WTC structures was whisked out of Manhattan and then out of the USA to be sold at discount prices to Chinese firms.

Now the US government’s already highly problematic prosecution of KSM for the crimes of 9/11 is running into telling revelations that key evidence in the case has been destroyed without so much as a notice to KSM’s lawyers, David Nevin and Marine Corp Major Derek Poteet. The result is that these jurists are asking the judge, Army Colonel James Pohl, and the prosecutor, Army Brigadier General Mark Martins, to withdraw themselves from the proceedings. “There’s at least the appearance of collusion between the prosecution and the judge,” Poteet said.

As reported in The Guardian, “Nevin and Poteet said that they were ultimately seeking the end of Mohammed’s military commission, even if Pohl recuses himself in favor of a different available military judge and a new prosecution is appointed. ‘The effect is there would be no further prosecution,’ Nevin said.”

We Need Trials of the Real Culprits, Not the Patsies

The withholding of the much-publicized 28 pages from the Joint Congressional Report on the events of September 11, 2001 is just the tip of the iceberg when it comes to the destruction and secreting away of evidence about what really happened on 9/11. Before the Twin Towers were pulverized, Ehud Barak floated the fiction that Osama bin Laden was the chief culprit. Then it was made to seem that the main imperative flowing from the events of 9/11 was for the US Armed Forces to invade and overthrow the Iraqi regime of Saddam Hussein.

The disinformation that Saddam’s government possessed Weapons of Mass Destruction is just one piece of a vast complex of lies involving 9/11 and its aftermath. The growing awareness of millions of citizens the world over of the extent of these lies and subsequent cover up has long been eroding the credibility of many major institutions starting with the US government and the mainstream media outlets that regularly report on its operations.

After the administration of Barack Obama decided to take over the neocon lies and deceptions first disseminated on the very day of 9/11, the focus of public attention was shifted onto Khalid Sheikh Mohammed. It seemed for a time that the Obama administration would conduct in New York a public criminal trial of KSM as its way of commemorating the tenth anniversary of 9/11.

That concept, however, was shelved in favor of concocting a fake hunting down of Osama bin Laden in Pakistan. This way of shutting down the contemporary life of a fabricated myth from the Bush era was meant as a way for President Obama to begin engineering his own specious justifications for the Democratic Party’s extension of 9/11 Wars.

There have been many reports that KSM is a very unstable individual wanting to take credit for dozens and dozens of terror attacks. Some reports claim he has a martyr complex and covets the possibility of being executed by the US government. Among the violent actions he claims as his own is the beheading of Wall Street Journal reporter Daniel Pearl. Bernard-Henry Levy, the neocon propagandist who is France’s leading Israel First advocate, put great emphasis on KSM in advancing his favored political agenda in his volume, Who Killed Daniel Pearl?

The breakdown of due process even in the rigged system of military-style jurisprudence at the Guantanamo Bay Concentration Camp helps illuminate the latest chapter in the task of trying to keep the 9/11 scam alive. Fortunately there is now a large and growing body of genuine scholarship subjecting the lies and crimes of 9/11, including those contained in fraudulent 9/11 Commission report, to skeptical scrutiny.

Surely the US government’s destruction of yet more evidence in the prelude to the long-delayed trial of Khalid Sheikh Mohammed, or whoever it is that is currently cast in the part, is yet another indication that there is much for authorities to hide when it comes to 9/11. What will it take to force some genuine reckoning with the role of 9/11 and the long series of false flag terror events that will continue to accelerate in frequency unless and until the corrupt core of this vile psychological operation is exposed? When will the real culprits rather than the patsies of 9/11 be brought to justice?

Professor Tony Hal is Editor In Chief, AHT and Co-Host of False Flag Weekly News

May 14, 2016 Posted by | Deception, False Flag Terrorism, Timeless or most popular, Wars for Israel | , , , | Leave a comment

Attorney-client privilege denied to us, used by Feds to keep the law secret

PrivacySOS | May 9, 2016

How do you spell chutzpah? I submit an alternate spelling: O-B-A-M-A D-O-J.

How the Obama administration interprets the phrase “government transparency,” in three acts.

Act One: Secret Law

The Obama administration is trying to keep secret a 2003 Office of Legal Counsel memo outlining how federal intelligence agencies interpret “commercial services agreements” between telecoms and their customers. The memo, which the ACLU seeks in a FOIA lawsuit, likely outlines the government’s legal position on how intelligence agencies can access information held by telecommunications companies. Senator Ron Wyden, who from his position on the Senate Intelligence Committee has routinely warned Americans of unconstitutional intelligence activities, has said the government’s “opinion is inconsistent with the public’s understanding of the law, and should be withdrawn.”

Wyden has also publicly stated that the DOJ misled a federal court during its legal fight to keep the memo secret. In a March 2016 letter, Wyden wrote that a DOJ memorandum of law filed in the case contains a “key assertion” that is false. “This assertion appears to be central to the DOJ’s legal arguments,” Wyden wrote.

Now the DOJ has fired back at Wyden, asserting in a brief in the ACLU lawsuit that the Senator’s claims about this “key assertion” were “wholly erroneous” and “based on a fundamental misunderstanding of the law.” The Justice Department claims the administration can keep the legal memo secret because it is not “working law,” but rather confidential legal advice. According to the DOJ, even though an agency may rely on an Office of Legal Counsel memo “by acting in a manner that is consistent with the advice,” the memo doesn’t necessarily “establish agency policy,” meaning it’s not “working law”—which is subject to public disclosure—but instead confidential legal advice.

(As Wyden noted, the DOJ “isn’t denying that this opinion is inconsistent with the public’s understanding of the law”; instead, it’s arguing that the legal memo at issue doesn’t constitute law.)

To repeat: The government is arguing that even if agencies “rely” on an OLC memo and act “in a manner consistent” with its advice, it isn’t law. Instead, it’s private legal advice, which just so happens to be something the government can keep secret from the public.

Act Two: Limitless Surveillance

In April 2016, the Office of the Director of National Intelligence (ODNI) released parts of a November 2015 Foreign Intelligence Surveillance Court (FISC) opinion about how the FBI, NSA, and CIA use information collected pursuant to Section 702 of the FISA Amendments Act. (The FISA Amendments Act, signed into law in 2008, put congress’ stamp of approval on the Bush administration’s warrantless wiretapping program.) Section 702 of that statute allows the intelligence agencies to warrantlessly wiretap Americans’ international communications, as long as Americans or people within the United States are not “targeted.” Part of that statute requires that the Attorney General and ODNI prepare annual reports, called “certifications,” to be reviewed by FISC judges. These certifications include information about how, why, and under what circumstances intelligence agencies “minimize” information about non-targets or US persons caught up in its dragnets.

The recently released November 2015 FISC opinion describes some of these minimization procedures in detail. Among them are procedures related to the capture, dissemination, and use of attorney-client privileged communications. The opinion reveals that the FBI can disseminate attorney-client privileged communications as long as the FBI’s lawyers approve it. The rules require the FBI to “advise recipients that the dissemination contains information subject to attorney-client privilege, that the information is being disseminated ‘solely for intelligence or lead purposes,’ and that it may not be further disseminated or used in any trial, hearing, or other proceeding without the approval of the AG or the Assistant AG for National Security.”

In other words: The US government allows itself to warrantlessly wiretap our international communications and even use our attorney-client privileged communications for intelligence purposes, as long as it doesn’t disclose to criminal defendants or courts that it has done so.

Act Three: Upside Down World

The US government refuses to disclose a legal memo that likely describes how intelligence agencies spy on our communications, claiming that the memo isn’t “working law” but instead constitutes “private” legal advice. Secret law is thereby justified by attorney-client privilege. In this case, the attorney and the client are one in the same: the executive branch.

At the same time, the government gives itself the power to warrantlessly wiretap, retain, disseminate, and use for intelligence purposes our attorney-client privileged communications—so long as the fact of agencies doing so never becomes public. Surveillance of attorney-client privileged communications is justified, as long as it remains secret.

Secret law, secret surveillance. Attorney-client privilege for government lawyers advising government agencies about government policy. No attorney-client privilege for ordinary people, who will likely never learn that the FBI or NSA has warrantlessly obtained their confidential communications.

Only in an upside down world could this administration choose this path, having called itself the “most transparent administration” in history.

May 10, 2016 Posted by | Civil Liberties, Deception, Full Spectrum Dominance, Progressive Hypocrite | , , , , , | Leave a comment

Drone ‘kill list’ could leave MPs, military & spies ‘facing murder charges’

RT | May 10, 2016

Britain’s drone ‘kill list’ could leave politicians, pilots and intelligence personnel facing murder charges unless rules of engagement are quickly clarified, a parliamentary report has warned.

The joint committee on human rights warned on Tuesday that killing with drones outside warzones could lead to “criminal prosecution for murder or complicity in murder.”

The report also warned that the widely-used term “targeted killing” sounded “uncomfortably close to assassination“ and took the view that the UK pursues an active policy “to use lethal force abroad outside armed conflict” under the banner of “counter-terrorism.”

The committee acknowledged the likelihood of the Crown Prosecution Service (CPS) pursuing a case is slim, but said authorities in other countries may if their citizens are killed.

Chaired by Labour‘s Harriet Harman, the committee also said the UK owed it “to all those involved in the chain of command for such uses of lethal force to provide them with absolute clarity about the circumstances in which they will have a defense against any possible future criminal prosecution.”

The investigation began in August 2014 after it was announced a UK targeted drone strike had killed British Islamic State (IS, formerly ISIS/ISIL) fighter Reyaad Khan in Syria.

The killing took place prior to December’s parliamentary vote on military action in the country. The US had developed a pattern of carrying out drone strikes in regions which are not official warzones such as Yemen and Pakistan, a trend which critics find worrying.

Harman’s panel said it is “vital that the legal line between counter-terrorism law enforcement and the waging of war by military means does not become blurred, leading to the use of lethal force in circumstances not permitted by law.”

Human rights NGO Reprieve warned on Tuesday the report highlighted some of the risks involved in an assassination policy.

Reprieve staff attorney Jennifer Gibson said “this is a wakeup call.”

She warned there is a “very real danger that the UK is following the US down the slippery slope of kill lists and targeted killings.”

“This is alarming, given the CIA’s secret drone war has killed hundreds of civilians and been described as a ‘failed strategy’ by [US President Barack] Obama’s own former head of defense intelligence,” she added.

While UK Prime Minister David Cameron acknowledged at the time that the Khan killing was a “new departure,” the government maintains it only uses such methods in cases where there is an “immediate” or “imminent” threat to the UK.

May 10, 2016 Posted by | Illegal Occupation, Subjugation - Torture, War Crimes | , , , , | Leave a comment

Syria, ISIS, and the US-UK Propaganda War

By Eric Draitser | New Eastern Outlook | May 6, 2016

With the war in Syria raging in its fifth year, and the Islamic State wreaking havoc throughout the Middle East and North Africa, it’s clear that the entire region has been made into one large theater of conflict. But the battlefield must not be understood solely as a physical place located on a map; it is equally a social and cultural space where the forces of the US-UK-NATO Empire employ a variety of tactics to influence the course of events and create an outcome amenable to their agenda. And none to greater effect than propaganda.

Indeed, if the ongoing war in Syria, and the conflicts of the post-Arab Spring period generally, have taught us anything, it is the power of propaganda and public relations to shape narratives which in turn impact political events. Given the awesome power of information in the postmodern political landscape, it should come as no surprise that both the US and UK have become world leaders in government-sponsored propaganda masquerading as legitimate, grassroots political and social expression.

London, Washington, and the Power of Manipulation

The Guardian recently revealed how the UK Government’s Research, Information, and Communications Unit (RICU) is involved in surveillance, information dissemination, and promotion of individuals and groups as part of what it describes as an attempt at “attitudinal and behavioral change” among its Muslim youth population. This sort of counter-messaging is nothing new, and has been much discussed for years. However, the Guardian piece actually exposed the much deeper connections between RICU and various grassroots organizations, online campaigns, and social media penetration.

The article outlined the relationship between the UK Government’s RICU and a London-based communications company called Breakthrough Media Network which “has produced dozens of websites, leaflets, videos, films, Facebook pages, Twitter feeds and online radio content, with titles such as The Truth about Isis and Help for Syria.” Considering the nature of social media, and the manner in which information (or disinformation) is spread online, it should come as no surprise that a number of the viral videos, popular twitter feeds, and other materials that seemingly align with the anti-Assad line of London and Washington are, in fact, the direct products of a government-sponsored propaganda campaign.

In fact, as the authors of the story noted:

One Ricu initiative, which advertises itself as a campaign providing advice on how to raise funds for Syrian refugees, has had face-to-face conversations with thousands of students at university freshers’ fairs without any students realising they were engaging with a government programme. That campaign, called Help for Syria, has distributed leaflets to 760,000 homes without the recipients realising they were government communications.

It’s not hard to see what the British Government is trying to do with such efforts; they are an attempt to control the messaging of the war on Syria, and to redirect grassroots anti-war activism to channels deemed acceptable to the political establishment. Imagine for a moment the impact on an 18-year-old college freshman just stepping into the political arena, and immediately encountering seasoned veteran activists who influence his/her thinking on the nature of the war, who the good guys and bad guys are, and what should be done. Now multiply that by thousands and thousands of students. The impact of such efforts is profound.

But it is much more than simply interactions with prospective activists and the creation of propaganda materials; it is also about surveillance and social media penetration. According to the article, “One of Ricu’s primary tasks is to monitor online conversations among what it describes as vulnerable communities. After products are released, Ricu staff monitor ‘key forums’ for online conversations to ‘track shifting narratives,’ one of the documents [obtained by The Guardian ] shows.” It is clear that such efforts are really about online penetration, especially via social media.

By monitoring and manipulating in this way, the British Government is able to influence, in a precise and highly targeted way, the narrative about the war on Syria, ISIS, and a host of issues relevant to both its domestic politics and the geopolitical and strategic interests of the British state. Herein lies the nexus between surveillance, propaganda, and politics.

But of course the UK is not alone in this effort, as the US has a similar program with its Center for Strategic Counterterrorism Communications (CSCC) which describes its mission as being:

…[to] coordinate, orient, and inform government-wide foreign communications activities targeted against terrorism and violent extremism… CSCC is comprised of three interactive components. The integrated analysis component leverages the Intelligence Community and other substantive experts to ensure CSCC communicators benefit from the best information and analysis available. The plans and operations component draws on this input to devise effective ways to counter the terrorist narrative. The Digital Outreach Team actively and openly engages in Arabic, Urdu, Punjabi, and Somali.

Notice that the CSCC is, in effect, an intelligence hub acting to coordinate propaganda for CIA, DIA, DHS, and NSA, among others. This mission, of course, is shrouded in terminology like “integrated analysis” and “plans and operations” – terms used to designate the various components of the overall CSCC mission. Like RICU, the CSCC is focused on shaping narratives online under the pretext of counter-radicalization.

It should be noted too that CSCC becomes a propaganda clearinghouse of sorts not just for the US Government, but also for its key foreign allies (think Israel, Saudi Arabia, Britain), as well as perhaps favored NGOs like Human Rights Watch, Amnesty International, or Doctors Without Borders (MSF). As the New York Times noted:

[The CSCC will] harness all the existing attempts at countermessaging by much larger federal departments, including the Pentagon, Homeland Security and intelligence agencies. The center would also coordinate and amplify similar messaging by foreign allies and nongovernment agencies, as well as by prominent Muslim academics, community leaders and religious scholars who oppose the Islamic State.

But taking this information one step further, it calls into question yet again the veracity of much of the dominant narrative about Syria, Libya, ISIS, and related topics. With social media and “citizen journalism” having become so influential in how ordinary people think about these issues, one is yet again forced to consider the degree of manipulation of these phenomena.

Manufacturing Social Media Narratives

It is by now well documented the myriad ways in which Western governments have been investing heavily in tools for manipulating social media in order to shape narratives. In fact, the US CIA alone has invested millions in literally dozens of social media-related startups via its investment arm known as In-Q-Tel. The CIA is spending the tens of millions of dollars providing seed money to these companies in order to have the ability to do everything from data mining to real-time surveillance.

The truth is that we’ve known about the government’s desire to manipulate social media for years. Back in February 2011, just as the wars on Libya and Syria were beginning, an interesting story was published by PC World under the title Army of Fake Social Media Friends to Promote Propaganda which explained in very mundane language that:

… the U.S. government contracted HBGary Federal for the development of software which could create multiple fake social media profiles to manipulate and sway public opinion on controversial issues by promoting propaganda. It could also be used as surveillance to find public opinions with points of view the powers-that-be didn’t like. It could then potentially have their “fake” people run smear campaigns against those “real” people.

Close observers of the US-NATO war on Libya will recall just how many twitter accounts miraculously surfaced, with tens of thousands of followers each, to “report” on the “atrocities” carried out by Muammar Gaddafi’s armed forces, and call for a No Fly Zone and regime change. Certainly one is left to wonder now, as many of us did at the time, whether those accounts weren’t simply fakes created by either a Pentagon computer program, or by paid trolls.

A recent example of the sort of social media disinformation that has been (and will continue to be) employed in the war on Syria/ISIS came in December 2014 when a prominent “ISIS twitter propagandist” known as Shami Witness (@ShamiWitness) was exposed as a man named “Mehdi,” (later confirmed as Mehdi Biswas) described as “an advertising executive” based in Bangalore, India. @ShamiWitness had been cited as an authoritative source – a veritable “wealth of information” – about ISIS and Syria by corporate media outfits, as well as ostensibly “reliable and independent” bloggers such as the ubiquitous Eliot Higgins (aka Brown Moses) who cited Shami repeatedly. This former “expert” on ISIS has now been charged in India with crimes including “supporting a terrorist organisation, waging war against the State, unlawful activities, conspiracy, sedition and promoting enmity.”

In another example of online media manipulation, in early 2011, as the war on Syria was just beginning, a blogger then known only as the “Gay Girl in Damascus” rose to prominence as a key source of information and analysis about the situation in Syria. The Guardian, among other media outlets, lauded her as “an unlikely hero of revolt” who “is capturing the imagination of the Syrian opposition with a blog that has shot to prominence as the protest movement struggles in the face of a brutal government crackdown.” However, by June of 2011, the “brutally honest Gay Girl” was exposed as a hoax, a complete fabrication concocted by one Tom MacMaster. Naturally, the same outlets that had been touting the “Gay Girl” as a legitimate source of information on Syria immediately backtracked and disavowed the blog. However, the one-sided narrative of brutal and criminal repression of peace-loving activists in Syria stuck. While the source was discredited, the narrative remained entrenched.

And this last point is perhaps the key: online manipulation is designed to control narratives. While the war may be fought on the battlefield, it is equally fought for the hearts and minds of activists, news consumers, and ordinary citizens in the West. The UK and US both have extensive information war capabilities, and they’re not afraid to use them. And so, we should not be afraid to expose them.

May 6, 2016 Posted by | Deception, Full Spectrum Dominance | , , , , , , , | Leave a comment

A Need to Clear Up Clinton Questions

By Ray McGovern | Consortium News | May 5, 2016

“Some people think they can lie and get away with it,” said former Defense Secretary Donald Rumsfeld with feigned outrage. And, of course, he has never been held accountable for his lies, proving his dictum true.

The question today is: Will former Secretary of State Hillary Clinton’s Teflon coat be as impermeable to deep scratches as Rumsfeld’s has proven to be?

Secretary of State Hillary Clinton testifies before Congress on Jan. 23, 2013, about the fatal attack on the U.S. mission in Benghazi, Libya, on Sept. 11. 2012. (Photo from C-SPAN coverage)

With the “mainstream media” by and large giving Hillary Clinton a pass on her past, few Americans realize how many Pinocchio faces need to be tacked onto many of her statements. Clinton is said to be “unquestionably” the frontrunner for the Democratic nomination, essentially the presumptive nominee. That is unquestionably true – but only because she has not been questioned with much rigor at all.  And on those few occasions when she has been asked hard questions, she has often ducked them.

For example, at the March 9 debate in Miami, Jorge Ramos, the longtime anchor for Noticiero Univision, asked Secretary Clinton whether she would quit the presidential race if she were indicted for putting classified information on her private email server.

She replied: “Oh, for goodness sake, it’s not going to happen. I’m not even answering that question.” [See Consortiumnews.com’sIs Hillary Clinton Above the Law?”]

Not so fast, Madame Secretary. It is looking more and more as if you will, after all, have to answer that question.

Those “Damn Emails” Again

On Wednesday in Washington, DC, a federal judge issued an order that may eventually require Clinton to testify under oath in a lawsuit related to the private email server she used while Secretary of State.

The judge gave Judicial Watch, a conservative watchdog group, permission to take sworn testimony from close Clinton aide Huma Abedin and others over the next eight weeks. It is possible that Clinton herself will have to testify under oath on the serious email issue before arriving at the Democratic convention in July.

One key issue in question is whether all relevant documents have been provided to Judicial Watch. My guess is that – given lawyers’ propensity, and often their incentive, to secure delay after delay in such proceedings – there may not be much likelihood of all this happening that quickly.

More precarious for Secretary Clinton, in my view, is the possibility that FBI Director James Comey will be allowed to perform a serious investigation and pursue Clinton on sworn testimony she has already given; for example, on whether she was aware of an operation run out of Benghazi to deliver Libyan weapons to rebels in Syria.

During her marathon testimony on Oct. 22, 2015, to the House Select Committee on Benghazi chaired by Rep. Trey Gowdy, R-South Carolina, Rep. Mike Pompeo, R-Kansas, was very specific in his questioning, leaving Clinton little wiggle-room:

Pompeo: Were you aware or are you aware of any U.S. efforts by the U.S. government in Libya to provide any weapons, directly or indirectly, or through a cutout, to any Syrian rebels or militias or opposition to Syrian forces?

Clinton: No.

Pompeo: Were you aware or are you aware of any efforts by the U.S. government in Libya to facilitate or support the provision of weapons to any opposition of Gadhafi’s forces, Libyan rebels or militias through a third party or country?

Clinton: No.

Did Secretary Clinton think we were “born yesterday,” as Harry Truman used to say? From what is already known about the activities of the U.S. “mission” and “annex” in Benghazi and the role played by the late Ambassador Christopher Stevens there, it seems quite likely that Clinton perjured herself in answering No.

And I believe this will become quite clear, if the FBI is allowed to pursue an unfettered investigation – and even clearer if the National Security Agency shares the take from its dragnet surveillance.

But those are big IFs. If I read President Barack Obama correctly, he will be more inclined to tell Attorney General Loretta Lynch to call off the FBI, just as he told former Attorney General Eric Holder to let retired General (and CIA Director) David Petraeus off with a slap on the wrist for giving his mistress intelligence of the highest classification and then lying about it to the FBI.

As for Clinton, perjury is not the kind of rap that she would welcome as she pursues the presidency. Trouble is, not only FBI investigators but also NSA collect-it-all snoopers almost certainly have the goods on whatever the truth is, with their easy access to the content of emails both classified and unclassified. [See Consortiumnews.com’sHillary Clinton’s Damning Emails.”]

Sadly, Comey and his counterparts at NSA are likely to cave in if the President tells them to cease and desist. Indeed, like legendary FBI Director J. Edgar Hoover, they may relish the prospect of being able to hold their knowledge of Hillary Clinton’s possible perjury and other misdeeds like a sword of Damocles over her head if she becomes president.

Whistleblower Needed

Thus, unless another patriot with the courage of an Edward Snowden or a Daniel Ellsberg recognizes that his primary duty is to honor his/her oath “to support and defend the Constitution of the United States against all enemies foreign and domestic,” and acts accordingly, the country could end up with a compromised President beholden to Hoover’s successors and the NSA sleuths who “collect everything,” including the emails of the Secretary of State – and those of the President.

Those at the FBI and NSA with the courage to consider whistleblowing need to be aware of the proud tradition they would be joining. The first recipient of the Sam Adams Award for Integrity in Intelligence (2002) was Coleen Rowley of the FBI, and in 2004 the award was given to FBI analyst and translator Sibel Edmonds.

As for signals intelligence, no fewer than four Sam Adams whistleblower awardees have come from NSA and its British counterpart GCHQ: the UK’s Katharine Gun (2003), and three from NSA itself – Thomas Drake (2011), Edward Snowden (2013), and William Binney (2015).

More distinguished company among people of integrity would be difficult – if not impossible – to find. In a few months, we will be considering nominations for the award to be given in 2017.

May 6, 2016 Posted by | Aletho News | , , , , , | Leave a comment