Category: Barack Obama

Cross posted from The Stars Hollow Gazette

At Crooks and Liars, Suzie Madrak points out an important fact about private government contractors, the Fourth Amendment does not apply to them:

This has been an ongoing scandal in the Iraq and Afghanistan wars. Attorney Susan L. Burke represented several groups of plaintiffs (including Abu Ghraib detainees and female soldiers who had been sexually assaulted) in lawsuits in which she tried to overturn the civil immunity of government contractors. She has not been successful, and the federal government continues to subcontract with private companies to do things that would be illegal if they did them themselves. So keep that in mind as you read these NSA stories.

She highlights an interview with 70’s whistleblower, Chris Pyle at Democracy Now, who disclosed the military’s spying on civilian politics and worked for three congressional committees to end it.

Pyle discovered the Army and CIA were spying on millions of Americans engaged in lawful political activity while he was in the Army working as an instructor. His revelations prompted Senate hearings, including Senator Frank Church’s Select Committee on Intelligence, ultimately leading to a series of laws aimed at curbing government abuses. Now teaching constitutional law and civil liberties at Mount Holyoke College, Pyle says the NSA is known for attacking its critics instead of addressing the problems they expose.

CHRISTOPHER PYLE: Yes. The forerunner of the PRISM system that Snowden disclosed was called Trailblazer. It wasted $1 billion on private contracts. It replaced a much less expensive system called ThinThread, which had more privacy protections and had been developed inside the government. Now, the reason that private contractors get this business is because members of Congress intercede with them with government agencies. And we now have a situation where members of the Intelligence Committee and other committees of Congress intercede with the bureaucracy to get sweetheart contracts for companies that waste taxpayers’ money and also violate the Constitution and the privacy of citizens. This is a very serious situation, because it means that it’s much more difficult to get effective oversight from Congress. [..]

CHRISTOPHER PYLE: Well, we all want to protect the security of the country. We all want to protect the Constitution. But when government agencies are totally unaccountable, we can’t do that. Members of Congress do not go to those briefings, even if they’re offered, because once you go to the briefing, then you can’t talk about what you’ve been told, because it’s classified. So the briefing system is designed to silence Congress, not to promote effective oversight.

Members of Congress don’t want to spend time on oversight. They’re too busy raising money. New members of the House of Representatives this winter were told by the Democratic Campaign Committee that they should spend between four and six hours a day dialing for dollars. They have no time to do the public’s business. They’re too busy begging for money. President Obama himself attended 220 fundraisers last year. Where does he get the time to be president when he’s spending so much time asking wealthy people for money to support his campaign? [..]

CHRISTOPHER PYLE: Well, it’s true. The NSA doesn’t want to hire people like you and me. We don’t know enough about the Internet. That said, it’s important to note that the vice chairman of Booz Allen happens to be Mike McConnell, who was former director of NSA and of national intelligence. There is a revolving door between high government positions and private corporations, and this revolving door allows these people to make a great deal more money upon leaving the government, and then being rented back to the government in a contractor capacity. And that’s part of the corruption of the system. [..]

CHRISTOPHER PYLE: Well, yes. The Fourth Amendment of the Constitution, which protects us from unreasonable searches and seizures, only binds the government, doesn’t bind corporations. That’s a serious problem. The reason we have privatization of prisons, in some ways, is for governments to escape liability. They put the liability on the private corporations that run the prisons, and they just charge their liabilities as an operating cost.

(All emphasis by Suzie.)

Got that? This is the key to the rational behind privatizing everything from schools and prisons to national security. Keep it in mind as you read anything about the NSA whistleblowing and Edward Snowden.

DSWright at FDL News Desk hits the nail on the head, Freedom isn’t free:

The National Security Agency along with the CIA, FBI and other intelligence agencies of the U.S. government has been swapping information with private companies. In exchange for private companies giving the intelligence agencies information on their users, the private companies receive access to classified intelligence. The Corporate State indeed.

   Thousands of technology, finance and manufacturing companies are working closely with U.S. national security agencies, providing sensitive information and in return receiving benefits that include access to classified intelligence, four people familiar with the process said.

   These programs, whose participants are known as trusted partners, extend far beyond what was revealed by Edward Snowden, a computer technician who did work for the National Security Agency. The role of private companies has come under intense scrutiny since his disclosure this month that the NSA is collecting millions of U.S. residents’ telephone records and the computer communications of foreigners from Google Inc (GOOG). and other Internet companies under court order.

No wonder the tech firms did not complain about spying on American citizens, they were getting compensation in the form of access to classified intel. So now Wall Street gets to see classified intelligence? No wonder there were no prosecutions, they’re on the team. Too Big To Fail, Too Big To Jail, and too important to National Security. The National Security Agency along with the CIA, FBI and other intelligence agencies of the U.S. government has been swapping information with private companies. In exchange for private companies giving the intelligence agencies information on their users, the private companies receive access to classified intelligence. The Corporate State indeed. [..]

No wonder the tech firms did not complain about spying on American citizens, they were getting compensation in the form of access to classified intel. So now Wall Street gets to see classified intelligence? No wonder there were no prosecutions, they’re on the team. Too Big To Fail, Too Big To Jail, and too important to National Security.

Quid pro quo, as well, as liability protection, all on the tax payer’s dime.

Cross posted from The Stars Hollow Gazette

Metadata:

Simply put, metadata is data about data. It is descriptive information about a particular data set, object, or resource, including how it is formatted, and when and by whom it was collected. Although metadata most commonly refers to web resources, it can be about either physical or electronic resources.

Sounds harmless, so how bad could it be? According to mathematician and former Sun Microsystems engineer Susan Landau who was interviewed by Jane Mayer of The New Yorker, it’s worse than many might think:

“The public doesn’t understand,” she told me, speaking about so-called metadata. “It’s much more intrusive than content.” She explained that the government can learn immense amounts of proprietary information by studying “who you call, and who they call. If you can track that, you know exactly what is happening-you don’t need the content.”

For example, she said, in the world of business, a pattern of phone calls from key executives can reveal impending corporate takeovers. Personal phone calls can also reveal sensitive medical information: “You can see a call to a gynecologist, and then a call to an oncologist, and then a call to close family members.” And information from cell-phone towers can reveal the caller’s location. Metadata, she pointed out, can be so revelatory about whom reporters talk to in order to get sensitive stories that it can make more traditional tools in leak investigations, like search warrants and subpoenas, look quaint. “You can see the sources,” she said. When the F.B.I. obtains such records from news agencies, the Attorney General is required to sign off on each invasion of privacy. When the N.S.A. sweeps up millions of records a minute, it’s unclear if any such brakes are applied.

Metadata, Landau noted, can also reveal sensitive political information, showing, for instance, if opposition leaders are meeting, who is involved, where they gather, and for how long. Such data can reveal, too, who is romantically involved with whom, by tracking the locations of cell phones at night.

Ms. Landua joined Amy Goodman and Nermeen Shaikh on Democracy Now to explain just how intrusive the government’s collection of metadata is.

Cross posted from The Stars Hollow Gazette

Like much of our government, spying has been privatized. 70% of surveillance is done by private companies that translates to $6 billion dollars with a half a million employees.

Meet the contractors analyzing your private data

by Tim Shorrock

Private companies are getting rich probing your personal information for the government. Call it Digital Blackwater

Amid the torrent of stories about the shocking new revelations about the National Security Agency, few have bothered to ask a central question. Who’s actually doing the work of analyzing all the data, metadata and personal information pouring into the agency from Verizon and nine key Internet service providers for its ever-expanding surveillance of American citizens?

Over the past decade, the U.S. intelligence community has relied increasingly on the technical expertise of private firms such as Booz Allen, SAIC, the Boeing subsidiary Narus and Northrop Grumman. About 70 percent of the national intelligence budget is now spent on the private sector. Former NSA Director Michael V. Hayden has described these firms as a quote “digital Blackwater.” We speak to Tim Shorrock, author of the book “Spies for Hire: The Secret World of Outsourced Intelligence.”

Cross posted st The Stars Hollow Gazette

William Binney, a former top official at the National Security Agency, and Glenn Greenwald, the Guardian journalist who has broken the NSA spying stories join Amy Goodman to discuss the crucial matters facing this country over the growing power of the government to secretly collect data and information through secret courts and programs.

“The government is not trying to protect [secrets about NSA surveillance] from the terrorists,” Binney says. “It’s trying to protect knowledge of that program from the citizens of the United States.”

NSA Leak Highlights Key Role Of Private Contractors

by Jonathan Fahey and Adam Goldman

The U.S. government monitors threats to national security with the help of nearly 500,000 people like Edward Snowden – employees of private firms who have access to the government’s most sensitive secrets.

When Snowden, an employee of one of those firms, Booz Allen Hamilton, revealed details of two National Security Agency surveillance programs, he spotlighted the risks of making so many employees of private contractors a key part of the U.S. intelligence apparatus. [..]

Booz Allen, based in McLean, Va., provides consulting services, technology support and analysis to U.S. government agencies and departments. Last year, 98 percent of the company’s $5.9 billion in revenue came from U.S. government contracts. Three-fourths of its 25,000 employees hold government security clearances. Half the employees have top secret clearances.

The company has established deep ties with the government – the kinds of ties that contractors pursue and covet. Contractors stand to gain an edge on competitors by hiring people with the most closely held knowledge of the thinking inside agencies they want to serve and the best access to officials inside. That typically means former government officials.

The relationship often runs both ways: Clapper himself is a former Booz Allen executive. The firm’s vice chairman, John “Mike” McConnell, held Clapper’s position under George W. Bush.

Edward Snowden is an American hero who is risking his life to protect our freedom from a government run amok.

Cross posted from The Stars Hollow Gazette

As if many of us didn’t know that the CIA didn’t always know who they were dropping hellfire missiles on from drones, NBC News’ Richard Engel and Robert Windrem revealed classified documents that confirmed it. The documents were from a 14 month period that began in 2010 listing 114 drone strikes that killed as many as 613 people. However, in some of those strikes, the CIA did not know the identity of the victims.

About one of every four of those killed by drones in Pakistan between Sept. 3, 2010, and Oct. 30, 2011, were classified as “other militants,” the documents detail. The “other militants” label was used when the CIA could not determine the affiliation of those killed, prompting questions about how the agency could conclude they were a threat to U.S. national security.

The uncertainty appears to arise from the use of so-called “signature” strikes to eliminate suspected terrorists — picking targets based in part on their behavior and associates. A former White House official said the U.S. sometimes executes people based on “circumstantial evidence.”

Three former senior Obama administration officials also told NBC News that some White House officials were worried that the CIA had painted too rosy a picture of its success and likely ignored or missed mistakes when tallying death totals.

Micah Zenko, a former State Department policy advisor who is now a drone expert at the Council on Foreign Relations, said it was “incredible” to state that only one non-combatant was killed. “It’s just not believable,” he said. “Anyone who knows anything about how airpower is used and deployed, civilians die, and individuals who are engaged in the operations know this.”

Ret. Adm. Dennis Blair, who was Director of National Intelligence from Jan. 2009 to May 2010, declined to discuss the specifics of signature strikes, but said “to use lethal force there has to be a high degree of knowledge of an individual tied to activities, tied to connections.”

This article in McClatchy News, found that fewer of than 2% of those killed were Al Qaeda leaders, which is who the U.S. government says it targets.

Obama’s drone war kills ‘others,’ not just al Qaida leaders

by Jonathan S. Landay, McClatchy Newspapers,  April 9, 2013

“It has to be a threat that is serious and not speculative,” President Barack Obama said in a Sept. 6, 2012, interview with CNN. “It has to be a situation in which we can’t capture the individual before they move forward on some sort of operational plot against the United States.”

Copies of the top-secret U.S. intelligence reports reviewed by McClatchy, however, show that drone strikes in Pakistan over a four-year period didn’t adhere to those standards.

The intelligence reports list killings of alleged Afghan insurgents whose organization wasn’t on the U.S. list of terrorist groups at the time of the 9/11 strikes; of suspected members of a Pakistani extremist group that didn’t exist at the time of 9/11; and of unidentified individuals described as “other militants” and “foreign fighters.” [..]

The documents also show that drone operators weren’t always certain who they were killing despite the administration’s guarantees of the accuracy of the CIA’s targeting intelligence and its assertions that civilian casualties have been “exceedingly rare.” [..]

McClatchy’s review found that:

– At least 265 of up to 482 people who the U.S. intelligence reports estimated the CIA killed during a 12-month period ending in September 2011 were not senior al Qaida leaders but instead were “assessed” as Afghan, Pakistani and unknown extremists. Drones killed only six top al Qaida leaders in those months, according to news media accounts.

Forty-three of 95 drone strikes reviewed for that period hit groups other than al Qaida, including the Haqqani network, several Pakistani Taliban factions and the unidentified individuals described only as “foreign fighters” and “other militants.”

Who’s the US Killing in Pakistan? Even the CIA Doesn’t Know

by Daphne Eviatar, Huffington Post, June 6, 2013

In his speech at the National Defense University in May, President Obama said that his administration “has worked vigorously to establish a framework that governs our use of force against terrorists — insisting upon clear guidelines, oversight and accountability that is now codified in Presidential Policy Guidance” that he had just signed.

Conveniently for the government, that policy guidance remains classified — which pretty much negates the claim about oversight and accountability.

The laws of war allow the United States to kill only members of declared enemy armed forces or civilians directly participating in hostilities. It’s hard to believe the U.S. government is actually following that law if it doesn’t even know who a quarter of the people it’s killing even are.

President Obama’s speech sounded pretty good when he made it, but the more facts trickle out about the drone program the more reason we all have to be skeptical.

What can be done? Human Rights First has set out exactly what steps (pdf) the United States can take to make sure its drone program complies with international law and doesn’t undermine human rights.

The president should start by making public that Presidential Policy Guidance he announced with such pride. Otherwise, neither the American public nor foreign allies or enemies have any reason to believe the U.S. government has reined in its clandestine killing operations at all.

Meanwhile, the White House and the Justice Department says that the assassinations of Americans is constitutional because they said so. At Huffington Post, Ryan J. Reilly reports on the lawsuit,  Al-Aulaqi v. Panetta, filed by the American Civil Liberties Union and the Center for Constitutional Rights on behalf of the estates of Anwwar Al-Aulaqi and his 16-year-old son, Abdulrahman Al-Aulaqi, and Samir Khan. The lawsuit claims that their deaths were unconstitutional because they were denied due process.

The administration’s court filing also claimed that the government deserved qualified immunity because the plaintiffs “failed to allege the violation of any clearly established constitutional rights.” The government maintained that neither Attorney General Eric Holder’s letter to members of Congress nor Obama’s speech on national security had any effect on its legal posture in the case even though it was the first time the government formally acknowledged it had killed the American citizens. The previously classified information disclosed by Obama and Holder is “wholly consistent with Defendants’ showing that Anwar Al-Aulaqi’s due process rights were not violated,” the government said.

The judicial branch, the Obama administration argued, “is ill-suited” to evaluate the myriad “military, intelligence, and foreign policy considerations” that went into the decision to kill the American citizens. The government also argued that because Khan and Abdulrahman Al-Aulaqi were not specifically targeted by the government, they cannot claim they were subjected to an unconstitutional process.

So the Executive Branch is claiming to be judge, jury and executioner because the courts couldn’t possibly understand their reasoning now matter how illegal, unlawful or criminal the actions were because, omg, they were terrorists, maybe. Never mind, that we still don’t know who was targeted that resulted in the killing of Abdulrahman. Maybe if was the cafe owner, one of the other customers or the cousins. No other explanations has been given. That is not acceptable.

So long as the legal arguments for these drone strikes and “targeted” killings remain classified, it makes it damned difficult, if not impossible, to have an open debate in public on the effectiveness and legality of this program and other counter-terrorism programs. The vague statements, filled with nebulous claims are not going to placate the critics of these not so clandestine programs. We need to know what the government is doing in our names.

Time to come clean, Barack.

Cross posted from The Stars Hollow Gazette

Since he took office, President Barack Obama has prosecuted six whistleblowers using the Espionage Act of 1917, something no other president has done. In recent months, with total disregard for the First Amendment and freedom of the press, he has now gone after journalists with secret subpoenas and warrants, but this is nothing new. Huffington Post‘s Ryan Grim would like you to meet Abdulelah Haider Shaye:

James Rosen got off easy. After searching his email and tracking his whereabouts, the Department of Justice has not jailed or prosecuted the Fox News journalist, which the Obama administration says reflects its deep respect for the role of a free press. On Thursday, a DOJ spokesperson said in a statement that “the Department does not anticipate bringing any additional charges. During the Attorney General’s tenure, no reporter has ever been prosecuted.”

The Obama administration gave no such leniency to Abdulelah Haider Shaye, a Yemeni journalist who had access to top officials in the militant Islamist group Al Qaeda in the Arabian Peninsula (AQAP) and reported on evidence that the United States had conducted a missile strike in al Majala for which the Yemeni government had claimed credit.

After Shaye was initially imprisoned for alleged involvement with AQAP in 2010, supporters pressed for his release, and word leaked that the Yemeni president was going to issue a pardon. In early 2011, Obama personally intervened. “President Obama expressed concern over the release of Abd-Ilah al-Shai, who had been sentenced to five years in prison for his association with AQAP,” reads a summary of the call posted on the White House website.

At his discussion of his new book and documentary, “Dirty Wars,” Jeremy Scahill spoke about about Shaye. In an article for The Nation in March 2012, he wrote about Shaye’s risks to interview Al Qaeda leaders, his interviews with the radical cleric Anwar al Awlaki and his reporting on the US bombing of al-Majalah, a impoverished Yemeni village killing 46 people mostly women and children.

Unlike most journalists covering Al Qaeda, Shaye risked his life to travel to areas controlled by Al Qaeda and to interview its leaders. He also conducted several interviews with the radical cleric Anwar al Awlaki. Shaye did the last known interview with Awlaki just before it was revealed that Awlaki, a US citizen, was on a CIA/JSOC hit list. “We were only exposed to Western media and Arab media funded by the West, which depicts only one image of Al Qaeda,” recalls his best friend Kamal Sharaf, a well-known dissident Yemeni political cartoonist. “But Abdulelah brought a different viewpoint.”

Shaye had no reverence for Al Qaeda, but viewed the group as an important story, according to Sharaf. Shaye was able to get access to Al Qaeda figures in part due to his relationship, through marriage, to the radical Islamic cleric Abdul Majid al Zindani, the founder of Iman University and a US Treasury Department-designated terrorist. While Sharaf acknowledged that Shaye used his connections to gain access to Al Qaeda, he adds that Shaye also “boldly” criticized Zindani and his supporters: “He said the truth with no fear.”

While Shaye, 35, had long been known as a brave, independent-minded journalist in Yemen, his collision course with the US government appears to have been set in December 2009. On December 17, the Yemeni government announced that it had conducted a series of strikes against an Al Qaeda training camp in the village of al Majala in Yemen’s southern Abyan province, killing a number of Al Qaeda militants. As the story spread across the world, Shaye traveled to al Majala. What he discovered were the remnants of Tomahawk cruise missiles and cluster bombs, neither of which are in the Yemeni military’s arsenal. He photographed the missile parts, some of them bearing the label “Made in the USA,” and distributed the photos to international media outlets. He revealed that among the victims of the strike were women, children and the elderly. To be exact, fourteen women and twenty-one children were killed. Whether anyone actually active in Al Qaeda was killed remains hotly contested. After conducting his own investigation, Shaye determined that it was a US strike. The Pentagon would not comment on the strike and the Yemeni government repeatedly denied US involvement. But Shaye was later vindicated when Wikileaks released a US diplomatic cable that featured Yemeni officials joking about how they lied to their own parliament about the US role, while President Saleh assured Gen. David Petraeus that his government would continue to lie and say “the bombs are ours, not yours.”

Shortly after that article was published, Scahill and Mohamed Abdel Dayem, coordinator of the Middle East and North Africa Program at the Committee to Protect Journalists, appeared in this segment of Democracy Now with Amy Goodman and Juan Gonzalez, questioning Obama’s motives for keeping Shaye imprisoned.

Grim hopes that with the release of the documentary “Dirty Wars,” the start of PVT Bradley Manning’s trial and the Rosen issue, that Shaye’s case will get some attention.

Shaye’s trial in Yemen was widely considered a farce. Without the Obama administration presenting its own evidence, it’s difficult to know what President Obama meant by Shaye’s “association” with AQAP. Al Mawri said that Yemen’s former president was furious at Shaye for exposing the civilian deaths at al Majala and fed the United States false information to implicate him as a terrorist. Now, Yemen’s current president has reportedly promised to pardon Shaye, but the White House is still relying on what the past president told them. [..]

Shaye is not an obscure journalist. He contributed reporting to The Washington Post and other major media outlets regularly, including with regard to al-Awlaki. He was often critical of al Qaeda, the U.S. government and the Yemeni government.

Despite the reports of a possible pardon, Shaye’s family and supporters remain doubtful.

This is just some of what Wikileaks had exposed about our government and our so-called Democratic president.

Cross Posted from The Stars Hollow Gazette

Michael Ratner, president emeritus of the Center for Constitutional Rights and a lawyer to Julian Assange and WikiLeaks, returned from attending the opening session of Bradley Manning’s trial at Fort Meade. He joined Amy Goodman and Aaron Maté on Democracy Now for a discussion of the trial, and the government’s claims of “aiding the enemy” in a bid to scare whistleblowers.

Hypocrisy lies at the heart of the trial of Bradley Manning

by Gary Young, The Guardian

It is an outrage that soldiers who killed innocents remain free but the man who exposed them is accused of ‘aiding the enemy’

. . . . (T)he case against him indicates the degree to which the war on terror (a campaign that has been officially retired describing a legal, military and political edifice that remains firmly intact) privileges secrecy over not only transparency but humanity. This is exemplified in one of his leak’s more explosive revelations – a video that soon went viral showing two Reuters employees, among others, being shot dead by a US Apache helicopter in Iraq. They were among a dozen or so people milling around near an area where US troops had been exposed to small arms fire. The soldiers, believing the camera to be a weapon, opened fire, leaving several dead and some wounded.

“Look at those dead bastards,” says one pilot. “Nice,” says the other. When a van comes to pick up the wounded they shoot at that too, wounding two children inside. “Well, it’s their fault for bringing their kids into a battle,” one of the pilots says.

An investigation exonerated the soldiers on the grounds that they couldn’t have known who they were shooting. No disciplinary action was taken. When Reuters tried to get a copy of the video under the Freedom of Information Act, its request was denied. Were it not for Manning it would never have been made public. So the men who killed innocents, thereby stoking legitimate grievances across the globe and fanning the flames of resistance, are free to kill another day and the man who exposed them is behind bars, accused of “aiding the enemy”.

In this world, murder is not the crime; unmasking and distributing evidence of it is. To insist that Manning’s disclosure put his military colleagues in harm’s way is a bit like a cheating husband claiming that his partner reading his diary, not the infidelity, is what is truly imperilling their marriage. Avoiding responsibility for action, one instead blames the information and informant who makes that action known. [..]

But it’s not just about Manning. It’s about a government, obsessed with secrecy, that has prosecuted more whistleblowers than all previous administrations combined. And it’s about wars in which the resistance to, and exposure of, crimes and abuses has been criminalised while the criminals and abusers go free. If Manning is an enemy of the state then so too is truth.

Cross posted from The Stars Hollow Gazette

After three years, the court martial of PFC Bradley Manning, charged with leaking of sensitive information to WikiLeaks, began in Fort Meade in Maryland, yesterday. The proceeding, before a judge,  Colonel Denise Lind, could take as long as three months with over 200 scheduled witnesses. IT began with Judge Lind, asking Manning to confirm his decision not to have the case decided by a jury, and if he was satisfied with his defense team, to which, he answered, “Yes, your honor.” Opening statements began with the prosecution’s statement by government lawyer, Captain Joe Morrow.

“This is not a case about a few documents … or about a government official who made a discrete leak,” Morrow said. “It was about dumping hundreds of thousands of classified information into the lap of the enemy. PFC Manning violated the trust of his superiors to gain the notoriety he craved.”

In his opening statement, defense lawyer, David Coombs, gave a starkly different picture of Manning, describing him as a humanist, “young, naive, but good intentioned”.

Coombs referred to a separate set of web chats that Manning had with a transgender woman called Lauren McNamara, who was at the time a man, before the soldier deployed. The chats showed that Manning felt “a huge amount of pressure to do everything he could to help his unit”, Manning said. “He was reading more into politics and philosophy and he indicated he was doing that as he wanted to give the best possible information to his commander and possibly save lives,” Coombs said.

But Manning’s mindset changed dramatically on Christmas Eve, 2009. Manning was ordered to investigate a roadside bomb attack on a passing US military convoy near the base. [..]

“After the 24 December incident he started to struggle. He kept thinking about that family who had pulled over in their car to let the convoy go by,” Coombs said, adding that Manning also had ” a very internal private struggle with his gender”.

The impact of those struggles instilled in Manning a need to “do something to make a difference in this world”, Manning said. “From that moment forward he started selecting information that he believed the public should hear and see, information that would make the world a better place.”

At emptywheel, Marcy Wheel examined the document that the government is using to prosecute Manning. She doesn’t this it says what the government is claiming:

The report itself is actually ambiguous about whether or not our adversaries were using WikiLeaked data. It both presents it as a possibility that we didn’t currently have intelligence on, then presumes it. [..]

If this document is proof Manning should have known (the conflicting statements notwithstanding) that leaking to WikiLeaks would amount to leaking to our adversaries, it’s also proof that DOD knew they had an INFOSEC problem that might lead to leaked information, one they pointedly didn’t address.

But I’m also amused by one of the case studies in the danger of leaked WikiLeaks information: that it might be used to suggest DOD is getting gouged by our contractors working on JIEDDO, our counter-IED program. [..]

To sum up: not only doesn’t this report assert that leaking to WikiLeaks amounts to leaking to our adversaries; on the contrary, the report identifies that possibility as a data gap. But it also provides several pieces of support for the necessity of something like WikiLeaks to report government wrongdoing.

In an interview on Democracy Now with Amy Goodman, Firedoglake reporter Kevin Gosztola, who is at Ft. Meade covering the trial, and attorney Chase Madar, author of “The Passion of Bradley Manning,” discussed the start of the court martial and the secrecy that will surround much of the testimony under the guise of “national security.”

Over at FDL’s The Dissenter, Kevin Gosztola summarizes the opeing statement of the prosecution and defense and provides regular Live Updates:

• Bradley Manning’s Trial: Day 1 (Live Updates)
• Defense: Bradley Manning Was Naive to Think He Could Change the World But Had Good Intentions
• Government: Bradley Manning ‘Dumped Information on the Internet into the Hands of the Enemy’

Here is the link for today’s Live Update and Julian Assange’s statement on the first day of the trial:

To convict Bradley Manning, it will be necessary for the US government to conceal crucial parts of his trial. Key portions of the trial are to be conducted in secrecy: 24 prosecution witnesses will give secret testimony in closed session, permitting the judge to claim that secret evidence justifies her decision. But closed justice is no justice at all.

What cannot be shrouded in secrecy will be hidden through obfuscation. The remote situation of the courtroom, the arbitrary and discretionary restrictions on access for journalists, and the deliberate complexity and scale of the case are all designed to drive fact-hungry reporters into the arms of official military PR men, who mill around the Fort Meade press room like over-eager sales assistants. The management of Bradley Manning’s case will not stop at the limits of the courtroom. It has already been revealed that the Pentagon is closely monitoring press coverage and social media discussions on the case.

This is not justice; never could this be justice. The verdict was ordained long ago. Its function is not to determine questions such as guilt or innocence, or truth or falsehood. It is a public relations exercise, designed to provide the government with an alibi for posterity. It is a show of wasteful vengeance; a theatrical warning to people of conscience.

After the screening of Jeremy Scahill’s documentary, “Dirty Wars,” in Washington, DC Friday night, Kevin asked Jeremy for his thoughts on Bradley’s trial.

Cross posted from The Stars Hollow Gazette

In a fascinating hour and a half, Jeremy Scahill, the National Security Correspondent at The Nation magazine, discusses his book and award winning documentary “Dirty Wars.” Joined by Spencer Ackerman, formerly of “Wired” now National Security Editor for The Guardian, they discuss President Obama’s drone program, preemptive war and the assassination of Anwar al-Awlaki and two weeks later, his 16 year old son, Abdulrahman al-Awlaki. They also talk about Obama’s roll in the jailing of Yemeni journalist,  Abdulelah Haider Shaye, for his reporting of the US bombing of  al-Majalah, a impoverished Yemeni village killing 46 people mostly women and children. Later in the talk, Jeremy took written questions from the audience, discussing Blackwater, Eric Prince and as well as the global impact and the legality of the perpetual drone war.

There is another way of looking at Pres. Obama’s speech the other day. And that is, he came out and did a full frontal defense of the US asserting the right to assassinate people around the world. . . that really is the take away. [..]

He is asserting the right of the Unites States to conduct these kinds of operations in perpetuity. [..]

The US does not recognize International Law unless it’s convenient. That true; it’s not a rhetorical statement. . . . There is one set of laws for the rest of the world and there another set of laws for the United States. [..]

There have been attempts to challenge many of these wars by the Center for Constitutional Rights, challenging under the War Powers Act and the idea that Congress cannot give these authorities to the president to wage these wars. The way they’ll get around it is they’ll say well, the Authority to Use Military Force (AUMF), that was passed after 9/11, gives us the right to strike in any country where we determine there be a connection to 9/11 or Al Qaeda.

In some cases now, we are targeting persons who were toddlerson 9/11. How can we say that they were attached to it, So in Obama’s speech, when he says he wants to refine the Authorization for Military force and, ultimately, real it, I think the first step of that is really disturbing. They’re talking about making permanent the sort of perpetual war mentality, probably by removing the language necessitating a connection to 9/11 or to Al Qaeda from it, so they can broaden their justification.

Also this White House, like the Bush/Cheney people, relies very heavily on Article II of the Constitution and an i interpretation that Commander in Chief clause gives the president the right to unilaterally set these policies. . . .They effectively perceive themselves as, on a counter-terrorism and national security issues, to be a dictatorship. And that Congress plays a minimal roll in those operations only funding it and overseeing how the money os spent but not necessarily overseeing the operations themselves.

There are Constitutional law experts that would say that’s a ridiculous interpretation of Article II of the Constitution, but it is being asserted in in  private.

It’s tough to stand up and be principled when someone like Obama is in office. It’s easy when to be against all this war and criminality when Bush/Cheney are there. They’re cartoonish villains.

Your principles are tested when someone like Obama is in office and you have the courage to stand up and say, “no. A principle is a principle and I’m against it when a Democrat does it and I’m against it when a Republican does it.”

There’s no such thing as Democratic cruise missile and a Republican cruise missile.

Jeremy recommended that everyone should watch California’s Democratic Rep. Barbra Lee’s speech on September 7, 2001. She was trembling as she gave one of the most epic speeches of this era. It took tremendous courage to stand up and say, “No.”  She was right then and she is right now.

We need to all stand up for the principles on which this country was founded and on which the current president was elected. It’s not just the economy, stupid, it’s the Republic, if we can keep it..

Cross posted from The Stars Hollow Gazette

While much of the media was praising President Barack Obama’s speech on counter-terrorism and closing the military detention center at Guantanamo, others were hearing a reconfirmation of the neoconservative the war on terror, especially an expansion of the drone program and targeted assassinations:

But Obama’s speech appeared to expand those who are targeted in drone strikes and other undisclosed “lethal actions” in apparent anticipation of an overhaul of the 2001 congressional resolution authorizing the use of force against al Qaida and allied groups that supported the 9/11 attacks on the United States.

In every previous speech, interview and congressional testimony, Obama and his top aides have said that drone strikes are restricted to killing confirmed “senior operational leaders of al Qaida and associated forces” plotting imminent violent attacks against the United States.

But Obama dropped that wording Thursday, making no reference at all to senior operational leaders. While saying that the United States is at war with al Qaida and its associated forces, he used a variety of descriptions of potential targets, from “those who want to kill us” and “terrorists who pose a continuing and imminent threat” to “all potential terrorist targets.”

According to the above article from McClatchy, in a fact sheet that was distributed by the White House, targeted killings would continue outside “areas of active hostilities,” and could be used against “a senior operational leader of a terrorist organization or the forces that organization is using or intends to use to conduct terrorist attacks.” If the president’s intent was to quell the criticism of  charges by some legal scholars and civil and human rights groups, he fell more than a little flat, he outright failed.

During a panel discussion on MSNBC’s Up with Steve Kornacki, Buzz Feed corespondent Michael Hastings harshly shredded Pres. Obama speech sating that the president has bought into the Bush administration’s neoconservative world view:

“If you compare this speech to the speech he gave in Cairo, in 2009 or his Nobel Prize speech, you see almost a total rejection of the civil rights tradition that President Obama supposedly came out of… and just an embrace of total militarism,” Hastings said.

“That speech to me was essentially agreeing with President Bush and Vice President Cheney that we’re in this neo-conservative paradigm, that we’re at war with a jihadist threat that actually is not a nuisance but the most important threat we’re facing today,” Hastings continued.

The discussion continued on the ramifications of drone strikes on national security and US image with host Steve Kotnacki, Michael Hastings, Omar Farahstaff attorney in the Guantanamo Global Justice Initiative; Perry Bacon, Jr., msnbc contributor; and Kiron Skinner, professor, Carnegie Mellon University.

In response to the president’s speech, the Miami Herald Editorial Board took him to task over the abuse of the power of his office and the need for congress to rein in the president during wartime:

The president attempted to strike a balance between the need to use force against persistent threats and the obligation to overhaul the structures put in place to respond to 9/11 – from the use of drones to the creation of the prison at Guantánamo Bay.

It’s about time. In the 12 years since the attack on the Twin Towers, presidential authority has expanded dramatically in response to the threat, but that does not mean it should be that way forever. It offends the constitutional foundation of American democracy for any chief executive to wield permanent, unchecked authority to order drone strikes anywhere in the world beyond our borders against anyone deemed a suitable target – including Americans – and past time to impose effective limits on such power. [..]

But the speech left many questions unanswered. The 16-page policy guideline the president approved prior to the speech remains classified. And despite all the talk about transparency, the administration is still withholding from Congress legal opinions governing targeted killings.

Despite the build up from the White House fed talking points to the news media, the president’s speech did little to reassure the public that he shifting away from perpetual war with no boarders.

Cross posted from The Stars Hollow Gazette

In a letter to Senate Judiciary Committee Chairman Patrick Leahy (D- VT) (pdf), Attorney General Eric Holder acknowledged for the first time Wednesday that four American citizens have been killed in drone strikes since 2009 in Pakistan and Yemen.

In conducting U.S. counterterrorism operations against al-Qaida and its associated forces, the government has targeted and killed one American citizen, Anwar al-Awlaki, and is aware of the killing by U.S. drones of three others, Attorney General Eric Holder said in a letter to Senate Judiciary Committee Chairman Patrick Leahy.

Al-Awlaki, a radical Muslim cleric, was killed in a drone strike in September 2011 in Yemen. Holder said three other Americans were killed by drones in counterterrorism operations since 2009 but were not targeted. The three are Samir Khan, who was killed in the same drone strike as al-Awlaki; al-Awlaki’s 16-year-old son, Abdulrahman, a native of Denver, who also was killed in Yemen two weeks later; and Jude Kenan Mohammed, who was killed in a drone strike in Pakistan.

Attorney Jesselyn Radack, former Justice Department ethics attorney who blew the whistle in the case of “American Taliban” John Walker Lindh, in a blog post writes:

The biggest revelation in Holder’s letter  – that the U.S. has droned a fourth American, Jude Kenen Mohammed  – is also the greatest of many deficiencies. All Holder says is the U.S. killed but didn’t target these two American men (Mohammed and Samir Kahn) and one American child (al-Awlaki’s 16-year-old son). [..]

Ms. Raddack points out that while the letter includes new and credulous accusations about al-Awlaki posing an “imminent threat”, it tells us nothing about how the other Americans ended up being killed by drones. Good question, that I doubt we’ll ever get an answer.

The other point MS. Raddack makes goes to the public’s right to know the legal justification that was given to the president by the Office of Legal Council:

If Holder wants to draw a distinction between Americans that the U.S. government targets and kills without due process and those Americans that the U.S. government kills without due process but doesn’t target, then the American people are entitled to know the legal basis for when the government finds it acceptable to make Americans collateral damage in the legally-unsustainable, morally-reprehensible unilateral drone drops.

There are lots of questions. If these three Americans were not the targets, then who were they targeting? And why?

In an interview this morning on Democracy Now, author and journalist, Jeremy Scahill say that this admission “raises more questions than it answers“:

“In Eric Holder’s letter,” Scahill stated, “he talks about how Anwar Awlaki was actively involved in imminent plots against the United States, that he had directed the so-called underwear bomber, Umar Farouk Abdulmutallab, who tried to blow up a U.S. airplane over the city of Detroit on Christmas Day 2009. And what’s interesting is that all of these allegations are made by Eric Holder, but no actual evidence has ever been presented against Awlaki to indicate that he played the role that Eric Holder is asserting. His trial was basically just litigated through leaks in the press. He was never indicted on any of these charges. And Holder, in fact, in his letter, says that we have all of this evidence, but it’s too dangerous to be made public. And so, there’s really a continuation of a posthumous trial of Anwar Awlaki through leaks and now through this letter from Eric Holder.”

Scahill notes that the details of the death of Jude Mohammad, who had been indicted, have not been released; that there were no criminal charges against Samir Khan, a Pakistani-American from North Carolina who was killed alongside al-Awlaki; and Holder used an curious phrase, “not specifically targeted,” referencing the death of 16 year old Abdulrahman al-Awlaki.

He goes on:

“You know, what does that phrase mean? It’s almost like an Orwellian statement, ‘not specifically targeted.’ Well, it could mean that these individuals were killed in the signature strikes that you mentioned, which is a sort of form of pre-crime, where the U.S. determines that any military-aged males in a targeted area are in fact terrorists, and their deaths will be registered as having killed terrorists or militants. So, it’s possible that the other Americans that were killed were killed in these so-called signature strikes.

“But in the case of this 16-year-old boy, it’s almost impossible to believe that it’s a coincidence that two weeks after his father is killed, he just happens to be killed in a U.S. drone strike. And there were leaks at the time from U.S. officials telling journalists that, oh, he actually was 21 years old, he was at an al-Qaida meeting. But they’ve never been able to identify who they killed in that strike. And the Obama administration has never publicly taken on the fact that they killed one of their own citizens who was a teenage boy. There are no answers to that question. So, I think that there has to be a far more intense scrutiny of the statements of the attorney general and also what we understand the president is going to say later.”

Yes, the Obama administration assassinated four Americans, but …..

President Barack Obama’s speech on his never ending war on terror.

In short, war for without end anywhere on earth because the president said so.

Cross posted from The Stars Hollow Gazette

In an email to The Huffington Post on Sunday, GE spokesman Seth Martin wrote that the company paid $3.2 billion in cash income taxes worldwide, including in the U.S., in 2012. In addition, he stated, GE paid more than $1 billion in other state, local and federal taxes.

“GE is one of the largest payers of corporate income taxes,” Martin wrote.

Still, GE and other hugely profitable U.S.-based companies like it have come under fire in recent years over their tax practices. Tax breaks given to corporations cost the U.S. government $180 billion per year, according to a recent report from the Government Accountability Office. In addition, companies are likely stashing $1.9 trillion overseas in an aim to avoid paying U.S. taxes on those profits, according to a March analysis by Bloomberg.

GE parks the most profits offshore of any company, Bloomberg found. Many companies including, Apple, Microsoft and Google allegedly employ this strategy of keeping money overseas to avoid paying U.S. taxes on those profits.

The real problem is that GE doesn’t pay its fair share of the US tax burden and, apparently, Apple gets away with a billion dollar tax dodge due to a loop hole in the tax laws. Tim Cooke, Apple’s CEO, appearing before Senate Permanent Subcommittee on Investigations defended funneling billions to off shore tax shelters. What didn’t get mentioned at the hearings were the billions that Apple saved using the “excess stock options” tax break. The loophole allows corporations to deduct compensation that they give to executives in the form of stock options as an expense, the same way they deduct cash compensation. The hitch: stock options don’t hurt the companies bottom line, unlike cash options.

“The only meaningful costs associated with this are that the more stock you issue, the more it dilutes the value of the stock that’s already held by shareholders,” Matthew Gardner the executive director of the Institute on Taxation and Economic Policy told The Huffington Post last month.

Apple took home $3.2 billion between 2010 and 2012 (pdf) thanks to this tax break — the most of any company, the report found. But it’s not the only company taking advantage of the loophole. Activists have criticized Facebook over its use of the executive stock option tax break in recent months after the social networking giant used it to wipe out its entire tax liability in 2012.

Though using the tax break has been rather common practice among technology companies, which tend to issue a higher percentage of their compensation in stock options, it’s becoming more common and lawmakers are slowly starting to take notice, Gardner said.

While the hearing focused on Apple’s offshore holdings, companies have stashed $1.9 trillion in offshore accounts to avoid paying US taxes.

Large U.S. companies boosted their offshore earnings by 15 percent last year to a record $1.9 trillion, avoiding hefty tax bills by keeping the profits abroad, according to a new report.

The overseas earnings stockpile has climbed by 70 percent over the past five years, said research firm Audit Analytics. Data in its report covers the Russell 3000 index of the largest U.S. corporations. [..]

Conglomerate General Electric Co , had the most indefinitely reinvested overseas earnings, at about $108 billion, while drugmaker Pfizer Inc was next with $73 billion, according to Audit Analytics.

Yeah, corporations not paying taxes is the problem.