Archives for category: SCOTUS

MRFF_cartoon

Mikey Weinstein is one of my most admired activists in efforts to bring our nation’s military-industrial war machine under control and restore a semblance of sanity prior to the Pentagon initiating literal Armageddon based on Bible prophecy. Think this is a far fetched proposal? After reading this article, use google search: “Jesus Love Nukes, United States Air Force.” Article reprinted here with permission of the Military Religious Freedom Foundation-

The United States Air Force Prepares to Cry Havoc and Let Slip the Dogs of Fundamentalist Christian Proselytizing War

“Cry havoc and let slip the dogs of war.”  William Shakespeare’s “Julius Caesar, Act 3, Scene 1, Line 273

“Justice delayed is justice denied”; these salient words apply in full to the conditions and prospects of religious liberty in the U.S. Air Force (USAF). What lies at stake is the alteration (and possible evisceration) of one of the only protective barriers restraining the brutal spread of ruthless fundamentalist Christianity spread throughout the U.S. military: Air Force Instruction 1-1, specifically Section 2 .11 (AFI 1-1).

Would the United States Air Force sooner throw the basic religious rights of Air Force personnel into a stinking garbage heap than “court controversy” with Tea Party bigots and religious extremists in the United States Congress and their incestuous gangs of fundamentalist Christian, parasitic parachurch organizations like the Family Research Council (FRC), the American Family Association (AFA), Focus on the Family (FOF) and the Officers Christian Fellowship (OCF) to name only a few of these rapaciously religious extremist entities?

Sadly, telltale signs of dubious, constitutional queasiness and pathetically faux ambivalence by Air Force Chief of Staff Gen. Mark A. Welsh III have clearly revealed that this may well be the case. The floodgates of state-sponsored evangelizing/proselytizing and fundamentalist Christian supremacy, exceptionalism and primacy by newly emboldened “Hobby Lobby”-style Christian fundamentalists within the Air Force are set to literally fly open, with devastating effect.

It should be a no-brainer: AFI 1-1 and similar protections and regulations on religious expressions should, if anything, be strengthened – not deliberately and so shamefully diluted. Instead, the changes being considered by the USAF, as it craters and cowers before these fundamentalist Christian lawmakers and their private sector parachurch persecutors, will authorize “witnessing,” preaching and proselytizing on the tax-payer’s dime provided the “tormentor” airman is projecting his/her “sincerely held” religious beliefs upon the “tormentee” airman. Prohibition on such “testifying” would ONLY apply if these expressions are determined to “have a real, not hypothetical adverse impact” (according, of course, to the subjective, arbitrary and clearly conflicted determination of Air Force leadership).

Look, let’s just call it what it is. “Spiritual rape” perpetrated by “fundamentalist Christian religious predators” is how we at the civil rights organization I lead–the Military Religious Freedom Foundation (MRFF)— describe the profound sense of vicious, personal violation that is being mercilessly inflicted upon tens of thousands of our MRFF military clients, 96% of whom are practicing Christians themselves.  Forced religious indoctrination, mandatory prayer sessions, active, abusive measures towards the promotion of one or another fundamentalist Christian sect, the shaming and savaging of freethinking, atheist, and agnostic service members – these barbaric tactics define the monstrous modus operandi of the Christian dominionist hegemony that lies as a cancerous plague metastasizing briskly across the whole of the Air Force and the U.S. Military.

By fatally handicapping and consciously crippling the hard-fought AFI 1-1, top USAF brass will be effectively legalizing hate speech, coercive proselytizing, and religious extremist extremism. It’s REALLY that damn serious, folks. Anti-LGBTQ bigotry, anti-Semitism, Islamophobia, racism, and heinous misogyny – all will be gleefully allowable if the views of any and all superior ranking tormenting airman are (cue the harp music please) “sincere”, heartfelt, “and have a real impact”. To the well over 37,000 armed forces clients currently being represented by MRFF, it’s akin to stating that domestic violence and abuse aren’t “real” unless there are clear bruises, black eyes, scars, and broken bones. The word “unconscionable” comes immediately to mind. There are other (unprintable) words of unbridled outrage that also more than merit being screamed from every mountaintop.

In fact, the preposterous, proposed changes go even further and actually assert that EACH and EVERY one of the respective criteria constituting a USAF regulation violation must be fulfilled and proven before the restrictions come into effect. Thus, a superior ranking officer who regularly proselytizes his or her defenseless subordinates will only be potentially found in violation of regulations if it’s proven that the officer’s words deleteriously affect military readiness, unit cohesion, good order, morale, discipline, health, safety, AND military accomplishment. One can violate without repercussions any combination of the foregoing, minus one, any one at all, of the above constituent elements – the health and morale of subordinates, to provide just one example. However, unless ALL of the other elements are likewise measurably breached, the matter at hand can NEVER rise to become even a possibility of a violation. Not enough yet to enrage you? How about we assume that a USAF leader has somehow managed to actually violate ALL of the above “new AFI 1-1” infraction criteria; can he or she receive ANY meaningful punishment even in such a nearly impossible-to-conceive of scenario? Ready to be thunderstruck, for the answer is a resounding NO!  Believe it or not, there is additional proposed language, being seriously considered by senior USAF leadership, which would actually bar or fully immunize any USAF supervisor or commander found guilty of exercising religious bigotry or prejudice under this “new AFI 1-1” from suffering any criminal and administrative consequences (to include that he or she may not be removed from their position as a supervisor or relieved from command.) Are you getting the picture now, my friends? The legions of the victims of fundamentalist Christian oppression in the USAF, the “battered,” in this case, know much better – hence the terribly critical necessity for such basic guidelines of “Do’s and Don’ts” that came in the form of layers of the original, unadulterated AFI 1-1 protective shield which went into effect on August 7, 2012.

AFI 1-1’s specious revision threatens to subsume and absolutely obliterate religious liberty in the Air Force, setting a horrific example for the other service branches. One can only imagine if similar policies were laid out regarding sexual assault, harassment, and racial discrimination. Unless USAF Chief of Staff Gen. Welsh makes the right decision, USAF airmen will be universally discouraged from filing complaints on the basis that their justified anxiety and grief will be shrugged aside as merely “hypothetical” rather than “real.” Then, oh my, my, my, just watch as the USAF chain of command “reprisal and retribution games” begin in earnest for those who had the temerity and integrity to try stand up and seek redress and help for their civil rights suffering in the Brave New World of the now gutted AFI 1-1, “as amended”.

The men and women who bravely serve in our Air Force deserve better than that, far better.

Hey, wait a minute. Has the United States Supreme Court ever ruled on the legality of “protecting” the First Amendment “right” of military leaders to freely proselytize their helpless subordinates? For that is the entire justification utilized by the fundamentalist Christian supremacists in Congress (and their adoring legions of parachurch organizations and Pentagon sycophants) for the obliteration of the formidable current AFI 1-1 protections. Surprise! Indeed our nation’s highest Court HAS so opined, and over 40 years ago, by one of the most conservative Chief Justices ever to sit on the Court. In a 6-2 decision in Parker vs. Levy (1974), written by the extremely “non-liberal” Chief Justice William Rehnquist and still considered to be unimpeachable law to this very day, the Supreme Court said the following about whether it’s permissible to place limits on the Constitutional rights of armed forces members (for instance, as presently appropriately exists with the not-yet-destroyed-but-about-to-be AFI 1-1) which might otherwise NOT belabor them if they were civilians instead:

“This Court has long recognized that the military is, by necessity, a specialized society separate from civilian society. We have also recognized that the military has, again by necessity, developed laws and traditions of its own during its long history. The differences between the military and civilian communities result from the fact that “it is the primary business of armies and navies to fight or be ready to fight wars should the occasion arise. … An army is not a deliberative body. It is the executive arm. Its law is that of obedience. No question can be left open as to the right to command in the officer or the duty of obedience in the soldier. … While the members of the military are not excluded from the protection granted by the First Amendment, the different character of the military community and of the military mission requires a different application of those protections. The fundamental necessity for obedience, and the consequent necessity for imposition of discipline, may render permissible within the military that which would be constitutionally impermissible outside it. …  In the armed forces, some restrictions exist for reasons that have no counterpart in the civilian community. Disrespectful and contemptuous speech, even advocacy of violent change, is tolerable in the civilian community, for it does not directly affect the capacity of the Government to discharge its responsibilities unless it both is directed to inciting imminent lawless action and is likely to produce such action. …  In military life, however, other considerations must be weighed. The armed forces depend on a command structure that, at times must commit men to combat, not only hazarding their lives but also ultimately involving the security of the Nation itself. Speech that is protected in the civil population may nonetheless undermine the effectiveness of response to command.  If it does, it is constitutionally unprotected.”

Our United States Supreme Court and Chief Justice Rehnquist could not POSSIBLY be more clear: permitting “free-ranging”, limitless, fundamentalist Christian proselytizing by USAF superiors to their defenseless subordinates on the justification of the “free speech” and “freedom of religion” rights of those very same USAF superiors is simply and absolutely WRONG and ILLEGAL!The civil rights religious views (or lack thereof) of all USAF airmen must remain utterly inviolable, precisely as envisioned by those who drafted our magnificent United States Constitution and its beautiful Bill of Rights.

Civil “rights” indeed. They are NOT merely  “civil privileges”. Everyone who is a U. S. citizen gets them, especially junior and subordinate ranking members of the USAF. Particularly if they choose NOT to accept the fundamentalist Christian religious faith of their “Purpose Driven Life”, USAF oppressors who are tormenting them as mean spirited and/or even “Good News”, glad-handing leaders, commanders and superiors.

The Military Religious Freedom Foundation is up against well-funded extremist religious organizations. Your donations allow us to continue our fight in the courts and in the media to fight for separation of church and state in the U.S. military. Please make a fully tax-deductible donation today at  helpbuildthewall.org.

Michael L. “Mikey” Weinstein, Esq. is founder and president of the six-time Nobel Peace Prize-nominated  Military Religious Freedom Foundation (MRFF), an honor graduate of the Air Force Academy, and a former J.A.G. in the U.S. Air Force. He served as a White House counsel in the Reagan Administration and as the Committee Management Officer of the “Iran-Contra” Investigation. He is also the former General Counsel to H. Ross Perot and Perot Systems Corporation. His two sons, daughter-in-law, son-in law, and brother-in-law are also graduates of USAFA. In December 2012, Defense News named Mikey one of the 100 Most Influential People in U.S. Defense. He is the author of  “With God On Our Side” (2006, St. Martin’s Press) and  “No Snowflake in an Avalanche” (2012, Vireo).

Originally posted to Mikey Weinstein on Fri Jul 11, 2014 at 11:47 AM PDT.

Also republished by Street Prophets and Progressive Atheists.

egregious liar

egregious |iˈgrējəs| adjective: outstandingly bad; shocking: egregious abuse of trust.

liar |ˈlīər| noun: a person who tells lies.

Lest anyone mistake my use of this definition in regards to Obama’s speech on the NSA, I mean this in the sense Obama is really good at telling lies. Alternatively, Obama is a pathological liar:

pathological |ˌpaTHəˈläjikəl| (also pathologic)
adjective
compulsive; obsessive: a pathological liar.

The National Security blog “Unredacted’ had yesterday quickly published a refutation of Obama’s claims with an excellent piece on official lies relating to the NSA’s surveillance programs. I will take this bit of work a bit further, pointing out how the USA has become so far removed from the rule of law as to convince our constitution has been utterly, entirely usurped, and Obama’s pro-active, purposeful participation in this world-threatening travesty. But first, keep in the back of your mind: a compulsive liar must tell an ever growing web of lies to cover any previous lies. When the liar has been busted (as Obama has in the ‘Unredacted’ blog), lies never intended to see the light of day must be covered with ‘half-truths’ completely unintended to set matters straight (i.e. more lies.)

Obama on the FISA (secret) court, June 16, 2013: “It is transparent…So, on this telephone program, you’ve got a federal court with independent federal judges overseeing the entire program. And you’ve got Congress overseeing the program, not just the intelligence committee and not just the judiciary committee — but all of Congress had available to it before the last reauthorization exactly how this program works”

Unredacted: “OpentheGovernment.org’s 2013 Secrecy Report notes, “the unchecked expansion in the growth of the government’s surveillance programs is due in large measure to the absolute secrecy surrounding the FISC and how it is interpreting the law. The FISC’s opinions interpreting Section 215 of the PATRIOT Act has allowed for a much broader collection of data than most national security and civil liberties groups, and even some Members of Congress, understood the law to permit””

Obama, June 16, 2013: “What I can say unequivocally is that if you are a U.S. person, the NSA cannot listen to your telephone calls and the NSA cannot target your e-mails”

Unredacted: “the NSA has significant latitude to collect and keep the contents of e-mails and other communications of U.S. citizens that are swept up as part of the agency’s court-approved monitoring of a target overseas.” This information is stored, for up to five years, and can be accessed as soon as the FBI gets a National Security Letter, for which there are still no requirements to seek approval or judicial review when sending”

Other than exposure of egregious lies by Obama and his minions detailed at Unredacted, the problem I have with this is the lack of challenging the secret court per se. My own position is (as a former adjunct professor of American constitutional law), there is precisely ZERO constitutional authority granted to Congress to create a secret court in Article III, section I…

“The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish”

…because of the Fourth Amendment language…

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”

…Fifth Amendment langauge…

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation”

…and the Sixth Amendment language…

“In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense”

…with the provisions of these amendments trampled by the very existence of a secret court. All of the preceding constitutional clauses are violated by the very existence of the FISA law. Obama, who still holds a constitutional law professor position at the University of Chicago, and Chief Justice John Roberts, both, know this. What has happened is, what should be a nonexistent distinction has been created between ‘legal’ & ‘constitutional’ in the American body politic, when in fact they must be one and the same. Consequently, unconstitutional (illegal) national security laws are crafted by the congress, signed by the president and upheld by the courts, and this is how ‘color of law‘ is substituted in lieu of constitutional principles (while pretending the constitution holds sway.) Now we have, as a nation, come to accept the idea what is called ‘legal’ but is illegal, is constitutional, when in fact the national security law patently violates the constitution, a national oxymoron. The secret FISA (FISC) court John Roberts should refuse to recognize, but instead has sole authority to appoint judges to, epitomizes a ‘soft power’ coup created by congress, usurping our nation’s rule of law. And so it is Senators like Diane Feinstein can claim “PRISM is legal” while ignoring the constitution (never mind her oath to uphold the same.)

But in fact Obama and Roberts, both trained constitutional law attorneys, know there was never any necessity for a secret court having to do with ‘national security’ on account of a well known principle of American law:

in camera
adverb
‘in camera’ law in private, in particular taking place in the private chambers of a judge, with the press and public excluded: judges assess the merits of such claims in camera. The evidence of the state had been examined ‘in camera’ on national security grounds [‘in camera’, late Latin, ‘in the chamber.’]

If this known principle were applied in normal federal courts, a judge would have the discretion to reject secrecy based on her or his opinion the government’s claims of ‘national security’ were spurious, false or self-serving when balancing any national security claims against a person’s rights when pursuing eavesdropping authority (still unconstitutional in some circumstance perhaps, but by far more legal integrity is preserved because a judge can weigh a wider scope of evidence and chastise the government in open court for misbehaviors.) Obviously this will not do in any state well on its way to being usurped by fascism and is  why we have a patently unconstitutional & subversive secret court. Relevant to this run amok trashing of our foundational law:

While running a murder ring in government as vice president, international criminal Dick Cheney’s top lawyer was Shannen Coffin, Coffin is a close friend of Chief Justice John Roberts. John Roberts appoints the judges comprising the FISC (secret court.) Obama and his Attorney General Eric Holder have persistently refused to investigate and prosecute these criminal personalities, rather working to protect their interests, at the price of our foundational law (constitution’s) promises of personal liberties. Should you be asking yourself why?

Obama Attorney General Eric Holder’s Department of Justice includes the FBI which failed to investigate high profile drug cartel crimes tied directly to politicians in the USA under former Director Robert Mueller. Bush appointed Robert Mueller’s past includes stonewalling international narcotics money laundering investigations. Following on Robert Mueller, Obama appointment James Comey went from drug money laundering HSBC board director to FBI Director. What should we think about that?

Attorney General Holder had, in his past, arranged immunity for and to conceal the identities of corporate personalities responsible for providing cash and machine guns to a designated terror group:

“Holder himself, using his influence as former deputy attorney general under the Clinton Administration, helped to negotiate Chiquita’s sweeheart deal with the Justice Department in the criminal case against Chiquita. Under this deal, no Chiquita official received any jail time. Indeed, the identity of the key officials involved in the assistance to the paramilitaries were kept under seal and confidential”

And the Department of Justice’s FBI strategy:

“The FBI is committed to sharing timely, relevant, and actionable intelligence with …. the private sector as part of its national security and law enforcement missions”

Do you suppose this preceding means sharing intelligence with corporations? I expect so. So does Bloomberg:

“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”

And if this were not enough, recalling the NSA is essentially a branch of the Pentagon, what should we all think of the ultimate bosses of the organization comprising what is essentially a hyper-right-wing ‘Christian Taliban‘ ?

Huh. It would seem Obama is covering up a LOT. How much? Obama’s end run on our constitution, allowing the Pentagon’s NSA to hand the USA gift-wrapped to organized corporate crime in the military-industrial complex is the tip of the iceberg folks:

Deep State I Foundation article

Deep State II FBI complicity

Deep State III Heroin, Bags of Cash & the CIA

In other words, you cannot believe a word this man (who has bragged concerning extra-judicial assassinations “I’m really good at killing people“) says in his speech on the NSA eavesdropping. Snowden is not the criminal. The criminal is the President of the United States. Imagine his saying (he does) “For more than two centuries, our Constitution has weathered every type of change because we have been willing to defend it” included in his most recent litany of lies:

28 January 2014 update: less than two weeks after Obama’s direction the USA no longer hold the bulk records of American citizens’ communications, this weasel has already ordered an end-run on his words (to mollify) the USA populace in regards to the constitution (why would anyone be surprised?)

Obama’s speech [egregious lies] of 17 January 2014

At the dawn of our Republic, a small, secret surveillance committee borne out of the “The Sons of Liberty” was established in Boston. The group’s members included Paul Revere, and at night they would patrol the streets, reporting back any signs that the British were preparing raids against America’s early Patriots.

Throughout American history, intelligence has helped secure our country and our freedoms. In the Civil War, Union balloon reconnaissance tracked the size of Confederate armies by counting the number of camp fires. In World War II, code-breaking gave us insight into Japanese war plans, and when Patton marched across Europe, intercepted communications helped save the lives of his troops. After the war, the rise of the Iron Curtain and nuclear weapons only increased the need for sustained intelligence-gathering. And so, in the early days of the Cold War, President Truman created the National Security Agency to give us insight into the Soviet bloc, and provide our leaders with information they needed to confront aggression and avert catastrophe.

Throughout this evolution, we benefited from both our Constitution and traditions of limited government. U.S. intelligence agencies were anchored in our system of checks and balances – with oversight from elected leaders, and protections for ordinary citizens. Meanwhile, totalitarian states like East Germany offered a cautionary tale of what could happen when vast, unchecked surveillance turned citizens into informers, and persecuted people for what they said in the privacy of their own homes.

In fact even the United States proved not to be immune to the abuse of surveillance. In the 1960s, government spied on civil rights leaders and critics of the Vietnam War. Partly in response to these revelations, additional laws were established in the 1970s to ensure that our intelligence capabilities could not be misused against our citizens. In the long, twilight struggle against Communism, we had been reminded that the very liberties that we sought to preserve could not be sacrificed at the altar of national security.

If the fall of the Soviet Union left America without a competing superpower, emerging threats from terrorist groups, and the proliferation of weapons of mass destruction placed new – and, in some ways more complicated – demands on our intelligence agencies. Globalization and the Internet made these threats more acute, as technology erased borders and empowered individuals to project great violence, as well as great good. Moreover, these new threats raised new legal and policy questions. For while few doubted the legitimacy of spying on hostile states, our framework of laws was not fully adapted to prevent terrorist attacks by individuals acting on their own, or acting in small, ideologically driven groups rather than on behalf of a foreign power.

The horror of September 11th brought these issues to the fore. Across the political spectrum, Americans recognized that we had to adapt to a world in which a bomb could be built in a basement, and our electric grid could be shut down by operators an ocean away. We were shaken by the signs we had missed leading up to the attacks – how the hijackers had made phone calls to known extremists, and travelled to suspicious places. So we demanded that our intelligence community improve its capabilities, and that law enforcement change practices to focus more on preventing attacks before they happen than prosecuting terrorists after an attack.

It is hard to overstate the transformation America’s intelligence community had to go through after 9/11. Our agencies suddenly needed to do far more than the traditional mission of monitoring hostile powers and gathering information for policymakers – instead, they were asked to identify and target plotters in some of the most remote parts of the world, and to anticipate the actions of networks that, by their very nature, cannot be easily penetrated with spies or informants.

And it is a testimony to the hard work and dedication of the men and women in our intelligence community that over the past decade, we made enormous strides in fulfilling this mission. Today, new capabilities allow intelligence agencies to track who a terrorist is in contact with, and follow the trail of his travel or funding. New laws allow information to be collected and shared more quickly between federal agencies, and state and local law enforcement. Relationships with foreign intelligence services have expanded, and our capacity to repel cyber-attacks has been strengthened. Taken together, these efforts have prevented multiple attacks and saved innocent lives – not just here in the United States, but around the globe as well.

And yet, in our rush to respond to very real and novel threats, the risks of government overreach – the possibility that we lose some of our core liberties in pursuit of security – became more pronounced. We saw, in the immediate aftermath of 9/11, our government engaged in enhanced interrogation techniques that contradicted our values. As a Senator, I was critical of several practices, such as warrantless wiretaps. And all too often new authorities were instituted without adequate public debate.

Through a combination of action by the courts, increased congressional oversight, and adjustments by the previous Administration, some of the worst excesses that emerged after 9/11 were curbed by the time I took office. But a variety of factors have continued to complicate America’s efforts to both defend our nation and uphold our civil liberties.

First, the same technological advances that allow U.S. intelligence agencies to pin-point an al Qaeda cell in Yemen or an email between two terrorists in the Sahel, also mean that many routine communications around the world are within our reach. At a time when more and more of our lives are digital, that prospect is disquieting for all of us.

Second, the combination of increased digital information and powerful supercomputers offers intelligence agencies the possibility of sifting through massive amounts of bulk data to identify patterns or pursue leads that may thwart impending threats. But the government collection and storage of such bulk data also creates a potential for abuse.

Third, the legal safeguards that restrict surveillance against U.S. persons without a warrant do not apply to foreign persons overseas. This is not unique to America; few, if any, spy agencies around the world constrain their activities beyond their own borders. And the whole point of intelligence is to obtain information that is not publicly available. But America’s capabilities are unique. And the power of new technologies means that there are fewer and fewer technical constraints on what we can do. That places a special obligation on us to ask tough questions about what we should do.

Finally, intelligence agencies cannot function without secrecy, which makes their work less subject to public debate. Yet there is an inevitable bias not only within the intelligence community, but among all who are responsible for national security, to collect more information about the world, not less. So in the absence of institutional requirements for regular debate – and oversight that is public, as well as private – the danger of government overreach becomes more acute. This is particularly true when surveillance technology and our reliance on digital information is evolving much faster than our laws.

For all these reasons, I maintained a healthy skepticism toward our surveillance programs after I became President. I ordered that our programs be reviewed by my national security team and our lawyers, and in some cases I ordered changes in how we did business. We increased oversight and auditing, including new structures aimed at compliance. Improved rules were proposed by the government and approved by the Foreign Intelligence Surveillance Court. And we sought to keep Congress continually updated on these activities.

What I did not do is stop these programs wholesale – not only because I felt that they made us more secure; but also because nothing in that initial review, and nothing that I have learned since, indicated that our intelligence community has sought to violate the law or is cavalier about the civil liberties of their fellow citizens.

To the contrary, in an extraordinarily difficult job, one in which actions are second-guessed, success is unreported, and failure can be catastrophic, the men and women of the intelligence community, including the NSA, consistently follow protocols designed to protect the privacy of ordinary people. They are not abusing authorities in order to listen to your private phone calls, or read your emails. When mistakes are made – which is inevitable in any large and complicated human enterprise – they correct those mistakes. Laboring in obscurity, often unable to discuss their work even with family and friends, they know that if another 9/11 or massive cyber-attack occurs, they will be asked, by Congress and the media, why they failed to connect the dots. What sustains those who work at NSA through all these pressures is the knowledge that their professionalism and dedication play a central role in the defense of our nation.

To say that our intelligence community follows the law, and is staffed by patriots, is not to suggest that I, or others in my Administration, felt complacent about the potential impact of these programs. Those of us who hold office in America have a responsibility to our Constitution, and while I was confident in the integrity of those in our intelligence community, it was clear to me in observing our intelligence operations on a regular basis that changes in our technological capabilities were raising new questions about the privacy safeguards currently in place. Moreover, after an extended review of our use of drones in the fight against terrorist networks, I believed a fresh examination of our surveillance programs was a necessary next step in our effort to get off the open ended war-footing that we have maintained since 9/11. For these reasons, I indicated in a speech at the National Defense University last May that we needed a more robust public discussion about the balance between security and liberty. What I did not know at the time is that within weeks of my speech, an avalanche of unauthorized disclosures would spark controversies at home and abroad that have continued to this day.

Given the fact of an open investigation, I’m not going to dwell on Mr. Snowden’s actions or motivations. I will say that our nation’s defense depends in part on the fidelity of those entrusted with our nation’s secrets. If any individual who objects to government policy can take it in their own hands to publicly disclose classified information, then we will never be able to keep our people safe, or conduct foreign policy. Moreover, the sensational way in which these disclosures have come out has often shed more heat than light, while revealing methods to our adversaries that could impact our operations in ways that we may not fully understand for years to come.

Regardless of how we got here, though, the task before us now is greater than simply repairing the damage done to our operations; or preventing more disclosures from taking place in the future. Instead, we have to make some important decisions about how to protect ourselves and sustain our leadership in the world, while upholding the civil liberties and privacy protections that our ideals – and our Constitution – require. We need to do so not only because it is right, but because the challenges posed by threats like terrorism, proliferation, and cyber-attacks are not going away any time soon, and for our intelligence community to be effective over the long haul, we must maintain the trust of the American people, and people around the world.

This effort will not be completed overnight, and given the pace of technological change, we shouldn’t expect this to be the last time America has this debate. But I want the American people to know that the work has begun. Over the last six months, I created an outside Review Group on Intelligence and Communications Technologies to make recommendations for reform. I’ve consulted with the Privacy and Civil Liberties Oversight Board. I’ve listened to foreign partners, privacy advocates, and industry leaders. My Administration has spent countless hours considering how to approach intelligence in this era of diffuse threats and technological revolution. And before outlining specific changes that I have ordered, let me make a few broad observations that have emerged from this process.

First, everyone who has looked at these problems, including skeptics of existing programs, recognizes that we have real enemies and threats, and that intelligence serves a vital role in confronting them. We cannot prevent terrorist attacks or cyber-threats without some capability to penetrate digital communications – whether it’s to unravel a terrorist plot; to intercept malware that targets a stock exchange; to make sure air traffic control systems are not compromised; or to ensure that hackers do not empty your bank accounts.

Moreover, we cannot unilaterally disarm our intelligence agencies. There is a reason why blackberries and I-Phones are not allowed in the White House Situation Room. We know that the intelligence services of other countries – including some who feign surprise over the Snowden disclosures – are constantly probing our government and private sector networks, and accelerating programs to listen to our conversations, intercept our emails, or compromise our systems. Meanwhile, a number of countries, including some who have loudly criticized the NSA, privately acknowledge that America has special responsibilities as the world’s only superpower; that our intelligence capabilities are critical to meeting these responsibilities; and that they themselves have relied on the information we obtain to protect their own people.

Second, just as ardent civil libertarians recognize the need for robust intelligence capabilities, those with responsibilities for our national security readily acknowledge the potential for abuse as intelligence capabilities advance, and more and more private information is digitized. After all, the folks at NSA and other intelligence agencies are our neighbors and our friends. They have electronic bank and medical records like everyone else. They have kids on Facebook and Instagram, and they know, more than most of us, the vulnerabilities to privacy that exist in a world where transactions are recorded; emails and text messages are stored; and even our movements can be tracked through the GPS on our phones.

Third, there was a recognition by all who participated in these reviews that the challenges to our privacy do not come from government alone. Corporations of all shapes and sizes track what you buy, store and analyze our data, and use it for commercial purposes; that’s how those targeted ads pop up on your computer or smartphone. But all of us understand that the standards for government surveillance must be higher. Given the unique power of the state, it is not enough for leaders to say: trust us, we won’t abuse the data we collect. For history has too many examples when that trust has been breached. Our system of government is built on the premise that our liberty cannot depend on the good intentions of those in power; it depends upon the law to constrain those in power.

I make these observations to underscore that the basic values of most Americans when it comes to questions of surveillance and privacy converge far more than the crude characterizations that have emerged over the last several months. Those who are troubled by our existing programs are not interested in a repeat of 9/11, and those who defend these programs are not dismissive of civil liberties. The challenge is getting the details right, and that’s not simple. Indeed, during the course of our review, I have often reminded myself that I would not be where I am today were it not for the courage of dissidents, like Dr. King, who were spied on by their own government; as a President who looks at intelligence every morning, I also can’t help but be reminded that America must be vigilant in the face of threats.

Fortunately, by focusing on facts and specifics rather than speculation and hypotheticals, this review process has given me – and hopefully the American people – some clear direction for change. And today, I can announce a series of concrete and substantial reforms that my Administration intends to adopt administratively or will seek to codify with Congress.

First, I have approved a new presidential directive for our signals intelligence activities, at home and abroad. This guidance will strengthen executive branch oversight of our intelligence activities. It will ensure that we take into account our security requirements, but also our alliances; our trade and investment relationships, including the concerns of America’s companies; and our commitment to privacy and basic liberties. And we will review decisions about intelligence priorities and sensitive targets on an annual basis, so that our actions are regularly scrutinized by my senior national security team.

Second, we will reform programs and procedures in place to provide greater transparency to our surveillance activities, and fortify the safeguards that protect the privacy of U.S. persons. Since we began this review, including information being released today, we have declassified over 40 opinions and orders of the Foreign Intelligence Surveillance Court, which provides judicial review of some of our most sensitive intelligence activities – including the Section 702 program targeting foreign individuals overseas and the Section 215 telephone metadata program. Going forward, I am directing the Director of National Intelligence, in consultation with the Attorney General, to annually review – for the purpose of declassification – any future opinions of the Court with broad privacy implications, and to report to me and Congress on these efforts. To ensure that the Court hears a broader range of privacy perspectives, I am calling on Congress to authorize the establishment of a panel of advocates from outside government to provide an independent voice in significant cases before the Foreign Intelligence Surveillance Court.

Third, we will provide additional protections for activities conducted under Section 702, which allows the government to intercept the communications of foreign targets overseas who have information that’s important for our national security. Specifically, I am asking the Attorney General and DNI to institute reforms that place additional restrictions on government’s ability to retain, search, and use in criminal cases, communications between Americans and foreign citizens incidentally collected under Section 702.

Fourth, in investigating threats, the FBI also relies on National Security Letters, which can require companies to provide specific and limited information to the government without disclosing the orders to the subject of the investigation. These are cases in which it is important that the subject of the investigation, such as a possible terrorist or spy, isn’t tipped off. But we can – and should – be more transparent in how government uses this authority. I have therefore directed the Attorney General to amend how we use National Security Letters so this secrecy will not be indefinite, and will terminate within a fixed time unless the government demonstrates a real need for further secrecy. We will also enable communications providers to make public more information than ever before about the orders they have received to provide data to the government.

This brings me to program that has generated the most controversy these past few months – the bulk collection of telephone records under Section 215. Let me repeat what I said when this story first broke – this program does not involve the content of phone calls, or the names of people making calls. Instead, it provides a record of phone numbers and the times and lengths of calls – meta-data that can be queried if and when we have a reasonable suspicion that a particular number is linked to a terrorist organization.

Why is this necessary? The program grew out of a desire to address a gap identified after 9/11. One of the 9/11 hijackers – Khalid al-Mihdhar – made a phone call from San Diego to a known al Qaeda safe-house in Yemen. NSA saw that call, but could not see that it was coming from an individual already in the United States. The telephone metadata program under Section 215 was designed to map the communications of terrorists, so we can see who they may be in contact with as quickly as possible. This capability could also prove valuable in a crisis. For example, if a bomb goes off in one of our cities and law enforcement is racing to determine whether a network is poised to conduct additional attacks, time is of the essence. Being able to quickly review telephone connections to assess whether a network exists is critical to that effort.

In sum, the program does not involve the NSA examining the phone records of ordinary Americans. Rather, it consolidates these records into a database that the government can query if it has a specific lead – phone records that the companies already retain for business purposes. The Review Group turned up no indication that this database has been intentionally abused. And I believe it is important that the capability that this program is designed to meet is preserved.

Having said that, I believe critics are right to point out that without proper safeguards, this type of program could be used to yield more information about our private lives, and open the door to more intrusive, bulk collection programs. They also rightly point out that although the telephone bulk collection program was subject to oversight by the Foreign Intelligence Surveillance Court and has been reauthorized repeatedly by Congress, it has never been subject to vigorous public debate.

For all these reasons, I believe we need a new approach. I am therefore ordering a transition that will end the Section 215 bulk metadata program as it currently exists, and establish a mechanism that preserves the capabilities we need without the government holding this bulk meta-data.

This will not be simple. The Review Group recommended that our current approach be replaced by one in which the providers or a third party retain the bulk records, with the government accessing information as needed. Both of these options pose difficult problems. Relying solely on the records of multiple providers, for example, could require companies to alter their procedures in ways that raise new privacy concerns. On the other hand, any third party maintaining a single, consolidated data-base would be carrying out what is essentially a government function with more expense, more legal ambiguity, and a doubtful impact on public confidence that their privacy is being protected.

During the review process, some suggested that we may also be able to preserve the capabilities we need through a combination of existing authorities, better information sharing, and recent technological advances. But more work needs to be done to determine exactly how this system might work.

Because of the challenges involved, I’ve ordered that the transition away from the existing program will proceed in two steps. Effective immediately, we will only pursue phone calls that are two steps removed from a number associated with a terrorist organization instead of three. And I have directed the Attorney General to work with the Foreign Intelligence Surveillance Court so that during this transition period, the database can be queried only after a judicial finding, or in a true emergency.

Next, I have instructed the intelligence community and Attorney General to use this transition period to develop options for a new approach that can match the capabilities and fill the gaps that the Section 215 program was designed to address without the government holding this meta-data. They will report back to me with options for alternative approaches before the program comes up for reauthorization on March 28. During this period, I will consult with the relevant committees in Congress to seek their views, and then seek congressional authorization for the new program as needed.

The reforms I’m proposing today should give the American people greater confidence that their rights are being protected, even as our intelligence and law enforcement agencies maintain the tools they need to keep us safe. I recognize that there are additional issues that require further debate. For example, some who participated in our review, as well as some in Congress, would like to see more sweeping reforms to the use of National Security Letters, so that we have to go to a judge before issuing these requests. Here, I have concerns that we should not set a standard for terrorism investigations that is higher than those involved in investigating an ordinary crime. But I agree that greater oversight on the use of these letters may be appropriate, and am prepared to work with Congress on this issue. There are also those who would like to see different changes to the FISA court than the ones I have proposed. On all of these issues, I am open to working with Congress to ensure that we build a broad consensus for how to move forward, and am confident that we can shape an approach that meets our security needs while upholding the civil liberties of every American.

Let me now turn to the separate set of concerns that have been raised overseas, and focus on America’s approach to intelligence collection abroad. As I’ve indicated, the United States has unique responsibilities when it comes to intelligence collection. Our capabilities help protect not only our own nation, but our friends and allies as well. Our efforts will only be effective if ordinary citizens in other countries have confidence that the United States respects their privacy too. And the leaders of our close friends and allies deserve to know that if I want to learn what they think about an issue, I will pick up the phone and call them, rather than turning to surveillance. In other words, just as we balance security and privacy at home, our global leadership demands that we balance our security requirements against our need to maintain trust and cooperation among people and leaders around the world.

For that reason, the new presidential directive that I have issued today will clearly prescribe what we do, and do not do, when it comes to our overseas surveillance. To begin with, the directive makes clear that the United States only uses signals intelligence for legitimate national security purposes, and not for the purpose of indiscriminately reviewing the emails or phone calls of ordinary people. I have also made it clear that the United States does not collect intelligence to suppress criticism or dissent, nor do we collect intelligence to disadvantage people on the basis of their ethnicity, race, gender, sexual orientation, or religious beliefs. And we do not collect intelligence to provide a competitive advantage to U.S. companies, or U.S. commercial sectors.

In terms of our bulk collection of signals intelligence, U.S. intelligence agencies will only use such data to meet specific security requirements: counter-intelligence; counter-terrorism; counter-proliferation; cyber-security; force protection for our troops and allies; and combating transnational crime, including sanctions evasion. Moreover, I have directed that we take the unprecedented step of extending certain protections that we have for the American people to people overseas. I have directed the DNI, in consultation with the Attorney General, to develop these safeguards, which will limit the duration that we can hold personal information, while also restricting the use of this information.

The bottom line is that people around the world – regardless of their nationality – should know that the United States is not spying on ordinary people who don’t threaten our national security, and that we take their privacy concerns into account. This applies to foreign leaders as well. Given the understandable attention that this issue has received, I have made clear to the intelligence community that – unless there is a compelling national security purpose – we will not monitor the communications of heads of state and government of our close friends and allies. And I’ve instructed my national security team, as well as the intelligence community, to work with foreign counterparts to deepen our coordination and cooperation in ways that rebuild trust going forward.

Now let me be clear: our intelligence agencies will continue to gather information about the intentions of governments – as opposed to ordinary citizens – around the world, in the same way that the intelligence services of every other nation does. We will not apologize simply because our services may be more effective. But heads of state and government with whom we work closely, and on whose cooperation we depend, should feel confident that we are treating them as real partners. The changes I’ve ordered do just that.

Finally, to make sure that we follow through on these reforms, I am making some important changes to how our government is organized. The State Department will designate a senior officer to coordinate our diplomacy on issues related to technology and signals intelligence. We will appoint a senior official at the White House to implement the new privacy safeguards that I have announced today. I will devote the resources to centralize and improve the process we use to handle foreign requests for legal assistance, keeping our high standards for privacy while helping foreign partners fight crime and terrorism.

I have also asked my Counselor, John Podesta, to lead a comprehensive review of big data and privacy. This group will consist of government officials who—along with the President’s Council of Advisors on Science and Technology—will reach out to privacy experts, technologists and business leaders, and look at how the challenges inherent in big data are being confronted by both the public and private sectors; whether we can forge international norms on how to manage this data; and how we can continue to promote the free flow of information in ways that are consistent with both privacy and security.

For ultimately, what’s at stake in this debate goes far beyond a few months of headlines, or passing tensions in our foreign policy. When you cut through the noise, what’s really at stake is how we remain true to who we are in a world that is remaking itself at dizzying speed. Whether it’s the ability of individuals to communicate ideas; to access information that would have once filled every great library in every country in the world; or to forge bonds with people on other sides of the globe, technology is remaking what is possible for individuals, for institutions, and for the international order. So while the reforms that I have announced will point us in a new direction, I am mindful that more work will be needed in the future.

One thing I’m certain of: this debate will make us stronger. And I also know that in this time of change, the United States of America will have to lead. It may seem sometimes that America is being held to a different standard, and the readiness of some to assume the worst motives by our government can be frustrating. No one expects China to have an open debate about their surveillance programs, or Russia to take the privacy concerns of citizens into account. But let us remember that we are held to a different standard precisely because we have been at the forefront in defending personal privacy and human dignity.

As the nation that developed the Internet, the world expects us to ensure that the digital revolution works as a tool for individual empowerment rather than government control. Having faced down the totalitarian dangers of fascism and communism, the world expects us to stand up for the principle that every person has the right to think and write and form relationships freely – because individual freedom is the wellspring of human progress.

Those values make us who we are. And because of the strength of our own democracy, we should not shy away from high expectations. For more than two centuries, our Constitution has weathered every type of change because we have been willing to defend it, and because we have been willing to question the actions that have been taken in its defense. Today is no different. Together, let us chart a way forward that secures the life of our nation, while preserving the liberties that make our nation worth fighting for. Thank you

^ None of what Obama has stated, can be believed

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All kinds of new publications are hitting the shelves to mark the 50th anniversary of the JFK hit. The most telling (revealing) of these has been a newspaper story in Mexico’s ‘La Journada.‘ One thing you can count on is, USA mainstream news will not pick this story up. Why? It is as simple as the USA’s media has been co-opted by a fusion of corporate boardrooms and intelligence agency personalities.

What La Journada has broken the story on, and the excellent intelligence blog ‘UNREDACTED’ has provided the English original, had been a well kept secret for fifty years; the fact our CIA had been vehemently opposed to a secret initiative pushed into play (over CIA objections) by President Kennedy, to make peace with Fidel Castro and normalize relations with Cuba. This was the last major initiative of Kennedy’s presidency, unknown to now.

The ‘silver oxide’ (as opposed to ‘silver lining’) in this story is, it ties together known facts of the past and provides motive enough to point out it WAS INDEED corporate boards, with United Fruit and Zapata Oil particularly complicit (these days known as Chiquita Brands & Harbinger Group respectively) in their incestuous fusion with heavily invested CIA personalities. Open source intelligence analysis clearly points to these parties behind the CIA invested corporate ‘Deep State‘ murder of JFK.

What do you suppose this has to do with CIA not even beginning to process 50,000 pages of JFK documents which must be released by 2017 according to act of Congress passed in the 1990s?

The CIA resistance to declassify keeps the JFK killing in the realm of ‘conspiracy’ theorists. My own position is, when the paper trail (Warren Commission) doesn’t match the facts on the ground, follow the facts on the ground. Jesse Ventura is a showman but he is not stupid. He has convincingly demonstrated with live fire the piece of junk Carcano (Mannlicher) model of rifle purportedly used by Oswald to shoot Kennedy could not have performed to expectations in the hands of the most expert shooters, and Oswald was not close to expert. One of the many holes in the official record.

Aside from corporate boards, who jumps out as individual personalities in the murder of JFK? Heavily invested individuals (to the tune of millions) would be recent Director of CIA (at time of JFK assassination) Allen Dulles (United Fruit boardroom) and rising CIA star (and future CIA director) George H.W. Bush (Zapata Oil founder.) Suddenly longtime CIA operative E. Howard Hunt’s confession to involvement in the JFK hit, gains a lot more than mere credulity. Having the just dismissed CIA Director Allan Dulles sitting on the Warren Commission (cover-up) would be about equivalent to asking United Fruit to adjudicate the overthrow of the Arbenz government by the CIA on behalf of United Fruit:

“It will be impossible to produce evidence clearly tying the Guatemalan government to Moscow, but the United States might act anyway, based on our deep conviction that such a tie must exist” -Allen Dulles

Meanwhile, those corporations benefiting from the ‘rapacious side’ of capitalism, have been able, in the fifty years since, to point to the (CIA created) Castro ‘boogeyman’ as rationale for American military interventions keeping Chiquita in the business of taking bananas throughout Latin America at gunpoint, as Castro had been pushed into a corner and further radicalized. So, need union sympathetic personalities eliminated for the sake of profit’s bottom line? No problem, simply provide cash and machine guns to designated terror groups as Chiquita ‘security’ personnel. Need to keep this all swept under the rug and out of the public eye? Simply buy in Chiquita lawyer Eric Holder as Obama’s Attorney General (he damn sure won’t reopen an investigation in the JFK murder) as boardroom efforts go on to keep Chiquita crimes concealed.

And we know how ‘junior’s’ subsequent Bush/Cheney oil partnership has fared around the world, the profits in billions have been quite tidy.

Allan Dulles, George H.W. Bush and ‘friends’ must’ve laughed all the way to the bank with their newly minted Kennedy ‘half dollar’ coins.

jfk64

I think we know who “GOD” is..

..with Bush & ‘friends’ (like Holder) still laughing their way to the bank

Allen Dulles’ brother, John Foster Dulles, was legal counsel for United Fruit for decades.

John Foster Dulles and Allen Dulles were major shareholders in United Fruit.

Robert Cutler, head of National Security Council, was former Chairman of United Fruit Board.

Thomas G. Corcoran was paid consultant for United Fruit when working for CIA.

John Moor Cabot, Assistant Secretary of State for Inter-American affairs was major shareholder in United Fruit.

Thomas Dudley Cabot, Director of International Security Affairs in the State Department, had been United Fruit president.

John J. McCloy, president of the International Bank for Reconstruction and Development, was a former United Fruit board member.

Walter Bedell Smith, former CIA Director, was on United Fruit Board of Directors during retirement.

Robert Hill, Undersecretary of State, was on United Fruit Board of Directors during retirement.

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Presidential ‘National Security Adviser(s)’ with corporate umbrella & intelligence ties, all who have contributed to, or benefited from profits over peace, from JFK assassination to present. Each of these individuals has played ‘God’ in the pursuit of western corporate colonialism, and had a direct hand in the literal murder of peoples legitimate aspirations for national sovereignty with policy making for the president. All made possible because a single president who had sought to break this cycle had been murdered by those who most profit from it-

McGeorge Bundy, Carnegie Corporation, Ford Foundation, Council on Foreign Relations (+ Skull & Bones), served Kennedy and Johnson

Walt Rostow, OSS, CIA, served LBJ

Henry Kissinger, military intelligence, National Security Council, CIA, Rand Corporation, Trilateral Commission, Bilderberg Group, International Chamber of Commerce (and too many associated world-wide crimes, in Latin America particularly, to count.) Served Nixon and Ford and has advised presidents from Nixon to George W Bush

Brent Scowcroft, Council on Foreign Relations, Kissinger Associates, served as National Security Adviser to Ford and George H.W. Bush and has advised presidents from Nixon to Obama

Zbigniew Brzezinski, Council on Foreign Relations, Bilderberg Group, International Chamber of Commerce, served Carter and since has been a major instigator of the policies that eventually resulted in the rise of al Qaida

Richard Allen, Hoover Institution, Council on Foreign Relations, Heritage Foundation, ties to Oliver North and Iran Contra money laundering (and by clear implication, George H.W. Bush) served Reagan and advised Nixon

William Clark, military intelligence, pushed for Iran-Contra pardons, served Reagan

Robert McFarlane, un-prosecuted Spy for Israel, National Security Council, Iran-Contra, United States Energy Security Council (with former Director of CIA James Woolsey), served Reagan, pardoned by George H.W. Bush (for role in Iran-Contra)

John Poindexter, Multiple Iran-Contra felon (Reagan) pardoned by George H.W. Bush. Served Reagan and subsequently worked in the George W Bush administration on ‘total information awareness’ and defense contractor in Iraq

Frank Carlucci, CIA assassin (Patrice Lumumba) who rose to CIA Deputy Director, General Dynamics, Westinghouse, Ashland Oil, mentored by Donald Rumsfeld, served Reagan

Colin Powell, CIA military liaison to the Army of the Republic of Vietnam (ARVN), 2nd tour assigned to investigating the My Lai massacre and attempted a cover-up, intelligence and assessment of invasion of Grenada, Kleiner Perkins Caufield & Byers (venture capital), Council on Foreign Relations, served Reagan. Under George H.W. Bush was promoted to Joint Chiefs of Staff, moved on to Secretary of State under George W Bush where he knowingly presented the false evidence of WMDs to the UN

Brent Scowcroft, 2nd tenure, served George H.W. Bush (see prior Scowcroft entry)

Anthony Lake, CIA (under cover of Department of State, Vietnam), Carnegie Endowment, concealed from Congress allowing Iran to arm Bosnia (Clinton administration), founder of Intellibridge Corporation, foreign policy adviser to Obama presidential campaign, served Clinton

Sandy Berger, National Security Council, American Oil Company (AMOCO) stockholder conflict of interest, theft of classified materials, caught lying to investigators, resigned his law license to avoid disbarment, served Clinton.

Condoleezza Rice, CIA, Hoover Institute, Federalist Society, Rand Corporation, Chevron board director, CIA renditions, attempted assassination of the author of this blog, served George W Bush

Stephen Hadley, CIA, Scowcoft Group, Council on Foreign Relations, Institute for Public Policy, Ratheon board director, served George W Bush

General James ‘the reverend jim’ Jones, National Prayer Breakfast, Chevron board director, Boeing board director, NATO Allied Supreme Commander, Marine Corps Commandant, Chamber of Commerce, Condoleezza Rice associate, served Obama

Tom Donilon, Fannie Mae, Council on Foreign Relations, served Obama

Susan Rice, National Security Council, Rwandan genocide, Intellibridge, Brookings Institution, handed the president-elect of Nigeria the poisoned cup of tea that killed him, presently serves Obama

Michael Flynn (Trump’s designated National Security Advisor) CIA liaised Joint Special Operations Command (JSOC), Defense Intelligence Agency, founder Flynn Intel Group; his Intel Group took money from a Turkish client company based in the Netherlands and Flynn turned 180 degrees when assessing Turkey’s support for Sunni militants in Syria (includes Islamic State) from complicit to calling Turkey an invaluable ally in the ‘war on terror’

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May 1st 2015 update: A year and one-half on, this is very dated material and goes to show how geopolitical circumstance can change rapidly; and not necessarily for the better. Damascus’ chemical weapons were liquidated, but ISIS has exploded onto the scene and chemical weapons use and finger pointing have not altogether ceased. The Iran tactic is refocused but Israel ally Saudi Arabia is working to undermine the possibilities with a proxy war in Yemen. And so it goes…

12 September update: On 6 September, shortly after Obama had been reported not to have agreed to anything on Syria with Putin, I’d sent this article in letter form to 150 persons, including federal legislators of four nations. It appears Russia’s Putin had suggested a plan for isolating and destroying Syria’s chemical weapons to Obama at the G-20 meeting in St Petersburg and Obama had flatly turned the offer down. The following Monday Russia made the plan public. By Tuesday, 10 September, Obama and the western powers had abruptly reversed course and agreed to the Russian proposal in principle. Meanwhile Obama has backed out of asking for a Congressional vote on attacking Syria, where these issues would have been debated. That imminent attack is forestalled is a good thing, the congressional debate called off is not.

Whoever helped to bring pressure to forestall any attack on Syria, my thanks to you all and this goes to show some people have their heads properly attached. But the issue of the USA attacking Syria is far from resolved. Corporate and national intelligence agencies continue to be a real threat to the region and those with agenda to ultimately take down Iran (with Syria as a stepping-stone) will not easily give up-

 

Dear Senator Tester

I am your constituent. I also happen to be a former United States Special Forces non-commissioned officer for operations & intelligence. I have been studying the circumstance in Syria for the past couple of years.

You don’t have to be a conspiracy theorist to get this one. Prior to the most recent chemical weapons incident in Syria, the USA had opened the door to its allies Saudi Arabia, Qatar and Kuwait to pour weapons to jihadi ‘rebels’ and then looked the other way as though it were not happening. Meanwhile Al Jazeera has a radical Sunni cleric that can reach 60,000,000 Muslims; preaching jihad and exhorting young men to fight for the ‘rebels.’ The result? Hard-line Al Nusra Islamists are the largest and most effective group of fighters in the western allies gambit to overthrow the government of Assad. A result is an entire new generation of trained, motivated and seasoned veteran Al Qaida fighters.

A previous chemical attack had implicated the so-called ‘rebels’ as perpetrators. Meanwhile western pundits ‘doubt’ the ‘rebels’ have the technical capacity to manufacture and deliver chemical attack, something any bright American university chemistry major could accomplish in reality.

The Al Nusra front in Syria is Al Qaida. Al Qaida has been running research labs on radiological, biological and CHEMICAL weapons for at least two decades. Modifying a small rocket to deliver is not any big technical feat.

Assad had gained the upper-hand in recent months and the rebels need western intervention to swing the pendulum back in their favor. Suddenly there is a chemical attack that can only benefit the rebels (Assad knows better than to do this) and the western powers go crazy in a push to punish Assad.

Was it Assad? Least likely.

Was it Al Qaida? Quite possibly.

Was it intelligence agencies on behalf of the ‘rebels’? Highly likely.

The western democracies (includes Israel) have a vested interest in taking down Syria, a stepping stone to taking down Iran. For Israel, it has to do with the obsession of Iran attaining a nuclear bomb, something Iran would be crazy NOT to do from an Iranian point of view. Iran has been under assault from the west since 1953 with the USA overthrow of it’s legitimate government and propping up the murderous Shah of Iran as a puppet/proxy .. resulting in Iran becoming radicalized and since, the USA in a cold war with the ayatollahs.  Whether Israel is a proxy of the USA or vice-versa via AIPAC, is immaterial. We created a boogey-man for both in Iran with OUR POLICIES (MOSSAD was right there with us, training the Shah’s secret police that terrorized the Iranian people.) That Iran would want the bomb as a deterrent should come as no surprise to anyone. Syria is an Iranian ally with a common border with Israel. So Syria must be taken down from the western democracies point of view.

Iran going down is in the logical progression of an ultimate goal of isolating Russia, a threat to western democracies corporate hegemony (with umbrella groups like Builderberg and Council on Foreign Relations with a plethora of subservient political action committees pulling the western democracies puppet-politicians’ strings via lobbyists and limitless corporate campaign contributions thanks to the USA’s supreme court and the decision ‘Citizens United’.)

Now, in the grand campaign to overthrow Assad, on top of having arranged, organized, armed and trained ‘rebel’ (Al Nusra/Al Qaida) forces, resulting in a sectarian war in Syria responsible for 100,000 dead and millions of refugee lives destroyed, Obama is now lobbying Congress to do Al Qaida another HUGE favor by attacking the Syrian military. John McCain is right there holding Obama’s hand in this effort, with his inserting language into the senate resolution calling for an official USA’s policy to support the ‘rebel’ overthrow of Assad.

There is a fake ‘rebel’ government in exile the USA recognizes and in fact this government in exile is fake because it has precisely ZERO control over the Al Nusra front (Al Qaida), the most powerful opposition to the regime in Syria. If Assad is overthrown, who comes into control of Syrian chemical weapons stockpiles? The most well armed, largest and effective group of fighters among the ‘rebels’ .. that is Al Qaida (Al Nusra.)

So, my question is, just what is the USA thinking, with delivering Syrian professional manufacture, military grade chemical weapons stocks into the hands of Al Qaida? Think about it. Berlin. Paris. Rome. London. Madrid. New York. Tel Aviv. Is the Senate made up of absolute idiots?

Letter sent on 6 September 2013

Senator Tester’s reply on 10 September:

Dear Ron

Thank you for contacting me about the situation in Syria.  It’s important to hear from you.

The actions of Syria’s president are abhorrent, and his efforts to remain in power are having terrible consequences for his people and the region.  However, I have serious concerns about the possibility of American military involvement in the conflict.

We are working hard to re-set our military after more than a decade of war, get our fiscal house in order, and meet our needs here at home.  In light of this, I am wary about committing more military resources to another foreign conflict.

I am pleased that the President decided to bring this matter before Congress.  We now have the opportunity to hold a long-overdue, nationwide debate about American foreign policy priorities in this troubled region.  As I gather information about the Syrian conflict and the impacts of potential U.S. involvement, I will be sure to keep your views in mind.

Your input is a critical part of making sure that my work in the Senate reflects our Montana priorities.  Please don’t hesitate to contact me again if I can be of further assistance.

Sincerely,

Jon Tester
United States Senator

Really interesting, in private mails to me, I received nearly identical responses from opposite ends of the political spectrum; examples include a nationally known (NOT neo-) conservative republican lawyer who wrote “Bravo Ron!!” and a film-maker from the radical Black left who wrote “Great job Ron!” These reactions show common sense can (and should) trump politics-

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S1

Ron10

A real world assessment by Ronald

12 September update: On 6 September, shortly after Obama had been reported not to have agreed to anything on Syria with Putin, I’d sent this article in letter form to 150 persons, including federal legislators of four nations. It appears Russia’s Putin had suggested a plan for isolating and destroying Syria’s chemical weapons to Obama at the G-20 meeting in St Petersburg and Obama had flatly turned the offer down. The following Monday Russia made the plan public. By Tuesday, 10 September, Obama and the western powers had abruptly reversed course and agreed to the Russian proposal in principle. Meanwhile Obama has backed out of asking for a Congressional vote on attacking Syria, where these issues would have been debated. That imminent attack is forestalled is a good thing, the congressional debate called off is not.

Whoever helped to bring pressure to forestall any attack on Syria, my thanks to you all and this goes to show some people have their heads properly attached. But the issue of the USA attacking Syria is far from resolved. Corporate and national intelligence agencies continue to be a real threat to the region and those with agenda to ultimately take down Iran (with Syria as a stepping-stone) will not easily give up-

You don’t have to be a conspiracy theorist to get this one. Prior to the most recent chemical weapons incident in Syria, the USA had opened the door to its allies Saudi Arabia, Qatar and Kuwait to pour weapons to jihadi ‘rebels’ and then looked the other way as though it were not happening. Meanwhile Al Jazeera has a radical Sunni cleric that can reach 60,000,000 Muslims; preaching jihad and exhorting young men to fight for the ‘rebels.’ The result? Hard-line Al Nusra Islamists are the largest and most effective group of fighters in the western allies gambit to overthrow the government of Assad. A result is an entire new generation of trained, motivated and seasoned veteran Al Qaida fighters.

A previous chemical attack had implicated the so-called ‘rebels’ as perpetrators. Meanwhile western pundits ‘doubt’ the ‘rebels’ have the technical capacity to manufacture and deliver chemical attack, something any bright American university chemistry major could accomplish in reality.

The Al Nusra front in Syria is Al Qaida. Al Qaida has been running research labs on radiological, biological and CHEMICAL weapons for at least two decades. Modifying a small rocket to deliver is not any big technical feat.

Assad had gained the upper-hand in recent months and the rebels need western intervention to swing the pendulum back in their favor. Suddenly there is a chemical attack that can only benefit the rebels (Assad knows better than to do this) and the western powers go crazy in a push to punish Assad.

Was it Assad? Least likely.

Was it Al Qaida? Quite possibly.

Was it intelligence agencies on behalf of the ‘rebels’? Highly likely.

The western democracies (includes Israel) have a vested interest in taking down Syria, a stepping stone to taking down Iran. For Israel, it has to do with the obsession of Iran attaining a nuclear bomb, something Iran would be crazy NOT to do from an Iranian point of view. Iran has been under assault from the west since 1953 with the USA overthrow of it’s legitimate government and propping up the murderous Shah of Iran as a puppet/proxy .. resulting in Iran becoming radicalized and since, the USA in a cold war with the ayatollahs.  Whether Israel is a proxy of the USA or vice-versa via AIPAC, is immaterial. We created a boogey-man for both in Iran with OUR POLICIES (MOSSAD was right there with us, training the Shah’s secret police that terrorized the Iranian people.) That Iran would want the bomb as a deterrent should come as no surprise to anyone. Syria is an Iranian ally with a common border with Israel. So Syria must be taken down from the western democracies point of view.

Iran going down is in the logical progression of an ultimate goal of isolating Russia, a threat to western democracies corporate hegemony (with umbrella groups like Builderberg and Council on Foreign Relations and a plethora of subservient political action committees pulling the western democracies puppet-politicians’ strings via lobbyists and limitless corporate campaign contributions thanks to the USA’s supreme court and the decision ‘Citizens United’.)

Now, in the grand campaign to overthrow Assad, on top of having arranged, organized, armed and trained ‘rebel’ (Al Nusra/Al Qaida) forces, resulting in a sectarian war in Syria responsible for 100,000 dead and millions of refugee lives destroyed, Obama is now lobbying Congress to do Al Qaida another HUGE favor by attacking the Syrian military. John McCain is right there holding Obama’s hand in this effort, with his inserting language into the senate resolution calling for an official USA’s policy to support the ‘rebel’ overthrow of Assad.

There is a fake ‘rebel’ government in exile the USA recognizes and in fact this government in exile is fake because it has precisely ZERO control over the Al Nusra front (Al Qaida), the most powerful opposition to the regime in Syria. If Assad is overthrown, who comes into control of Syrian chemical weapons stockpiles? The most well armed, largest and effective group of fighters among the ‘rebels’ .. that is Al Qaida (Al Nusra.)

So, my question is, just what the fuck is the USA thinking, with delivering Syrian professional manufacture, military grade chemical weapons stocks into the hands of Al Qaida? Think about it. Berlin. Paris. Rome. London. Madrid. New York. Tel Aviv. Are all American leaders absolute idiots?

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The Arab Spring for Dummies

Overview Egypt, Libya & Syria

Egypt Round Two The Generals take it back

Syria Part One Al Jazeera (Stooge TV)

Syria Part Two Chemical Madness

Syria Part Three  Obama-McCain-al Qaida alliance

Syria Part Four Syria, al Qaida & Iraq

The Islamic State for Dummies The K.I.S.S. principle

NATO, God & Military Mafia Islamic State for Dummies Part 2

 

A synopsis of the legal rationale of this article is this: when the USA joined the International Covenant on Civil and Political Rights (a multi-lateral treaty with force of international law) but held out the treaty would be “non-self-executing”, the USA essentially claimed its own constitutional principles would enforce the treaty’s provisions. This places the USA in a unique circumstance of substituting its own provisions of law for the provisions enumerated in the International Covenant. In this case, Snowden should argue the Obama administration’s demonstrable violation of foundational American principles of law are subject to interpretation relevant to his rights under the treaty, in any nation he should apply for asylum in. Restated, Snowden can put the USA’s record, in relation to its own civil liberties provisions, on trial in any suit he might bring in jurisdiction where the treaty may be enforced, examples given, Germany and subsequently the European Court of Human Rights.

Use of ‘The Espionage Act’ to prosecute whistle-blowers by the Obama administration is unfortunate reality. It is unprecedented persecution by a sublime neo-liberal political liar & cohorts, but it is presently matter of fact circumstance and what people like Snowden must contend with when considering any act of willful transparency in defiance of secrecy law.

Because it is unlikely use of the Espionage Act to prosecute whistle-blowing will be struck down by the courts, particularly with a Supreme Court majority aligned with the ‘Federalist Society’ whose neo-conservative agenda will sometimes converge with neo-liberal objectives, particularly in philosophy of supremacy concerning the executive in matters of security, one must develop a robust constitutional foundation for defense of whistle-blowing.

In the case of Snowden, he also should show a valid rationale of why the United States Constitution’s Article Six ‘supremacy clause’ .. “and any treaty made shall be the supreme law of the land” applied in the offensive sense versus the United States, as opposed defending himself, in regards to claims the multi-lateral treaty “International Covenant on Civil and Political Rights” should protect him.

How this is a legal necessity in Snowden’s case arises from the USA being party to the treaty and how the treaty might or might not be applied in American courts. Legitimacy of claim for political asylum must be established in relation to not only the treaty’s general provisions, but it must be shown the USA’s relationship to the treaty is presently a relationship of bad faith.

Other issues that play in any defense of Snowden, to show he is not in violation of the Espionage Act, is Private Manning’s conviction & what constitutes a legitimate whistle-blow as opposed to malicious leaking of secrets, what is a valid press vehicle (Manning and WikiLeaks? Snowden and the Guardian? Yes or no in individual and separate circumstance) and how Snowden’s case would likely sort out in American courts in the present climate of law and politics. And it must be shown the decision to pursue Snowden is a political persecution at odds with law.

This defense of Snowden begins with disposing of Manning as a comparable case.

The neo-liberal New York Times has on several occasions resorted to torture lawyer John Yoo for legal opinions and recently Yoo had suggested WikiLeaks does not qualify as legitimate journalism under the American philosophy of law governed by the American constitution’s First Amendment. In other words. WikiLeaks cannot be claimed as a valid outlet for whistle-blowers under American law, particularly in relation to the case of Private Manning.

Manning’s case is significantly different than that of Snowden, and in any case Yoo’s suggestion would not apply to Snowden who leaked to The Guardian. But let’s look at the at-large & uncharged criminal Yoo’s idea, to compare the two cases a bit, particularly in regards to the Espionage Act and what constitutes legitimate journalism or a free press in American law.

Firstly, American military law, the “Uniform Code of Military Justice”, should not be conflated with the American federal criminal code and associated case law, they are separate animals. When you enter the military, you surrender your politics in relation to performing your duty and the only natural avenue of dissent is to refuse illegal orders. In effect, as a soldier, the only possibly justifiable leaks would be having to do with war crimes, orders to commit crimes or concealment of crimes by the military per se, or crimes against the constitution by your superiors. Politics do not play as a defensible action for whistle-blowing in the American military. To quote an Admiral addressing a West Point graduating class, in relation to the United States military having always been under civilian control, if you don’t like the policies “vote with your feet” (leave the military.) Manning could have taken that advice to heart, his defense of moral conscience had no chance in the military justice structure. This is old news in American military experience, quoting Robert E Lee’s observation on his artillery slaughter of advancing Union soldiers: “It is good war is so terrible, or we should become too fond of it.” Manning could not expect to act on a social conscience in relation to military experience, having joined voluntarily an organization whose nature is apolitical violence, however that violence might be at the direction of politics, politics is not the soldiers job.

The hard truth is, the American constitution’s First Amendment protects several things and political lies are protected speech. In this respect, until there were to be a change to the foundational law, American law is amoral. In the case of the ‘cables’ leak, example given, there Manning made no defense of any crime against the American constitution and in fact the greater or overall thrust of the cables, as despicable as this is, concerns revealing perfectly legal political lies in geo-politics. Insofar as Yoo’s assertion of WikiLeaks as a whistle-blowing platform having no press freedom protection under American law, he may have it ½ right. When considering charges brought under the Espionage Act in an American court, one would need a trump card and crimes against the American constitution should constitute such. But Manning did not present any defense related to this and WikiLeaks has never made a case the USA’s purported violations of press freedoms meet this test per American law in relation to any failure to conform to its international law obligations. To conform to journalism standards protected by the American First Amendment, when faced with charges brought under the Espionage Act, one would have to convincingly show a political nature of the prosecution attending crimes against the constitutional order. Massive dumps of  unrelated and unorganized or functionally incoherent information do not meet the necessary legal test to qualify as journalism in this regard. In metaphor, Manning & WikiLeaks fail the law on account of behaving as a harvested organs black market as opposed to acting as a legitimate medical professional’s prescribed transfusion in a proper setting of surgery. They didn’t conform to presenting cohesive facts in telling a story that highly restricted the leaked documents to a context of making points in a socially responsible and news worthy presentation, serving society in a positive sense.

The military judge’s niggardly acknowledgement Manning was patently and illegally treated (tortured) in his detention is an altogether unrelated issue in law with no bearing on the present subject.

The case of Snowden is fundamentally different.

In the case of the USA signatory to the International Covenant on Civil and Political Rights, in relation to American basic or foundational law, The American constitution’s Article Six is straightforward on its face “any treaty made shall be the supreme law of the land.”  But it is, of course, not this simple. The treaty in question has been ratified by the Americans in large part as “non-self-executing” which is a legal fiction indicating American law already covers the most fundamental rights promised by the treaty. In other words, the USA claim in relation to the treaty is one of ‘our laws are already in compliance and we have all of the treaty’s demands covered.’ And so it is, in any USA court, although a judge may consider the treaty in her/his ‘finding of facts and conclusions of law’, the laws applied will in fact be American laws and interpretations in relation to any question of rights promised by the International Covenant.

This preceding would place Snowden’s rights squarely in the case law of the USA were he to be tried in any American federal court, in actuality the rights promised in the treaty itself are already become in a sense moot in relation any American prosecution, where there is no political will to enforce the treaty’s provisions, demonstrated in the decision to prosecute to begin with.

To show pursuing Snowden is a political decision trumping the rule of law, one must examine the facts of how American laws are applied in a negative political light.

In the USA, federal judges are political appointments, pure and simple. The executive provides lists of desired appointments to fill court positions to the senate for confirmation and that is it. That the senate often fights among themselves over the appointments, that the appointments are often long delayed, cannot conceal the fact every sitting United States federal judge is the result of raw politics. That merit does not presently play in this process is amply demonstrated by the fact Bush administration torture lawyer Jay Bybee became a sitting federal appellate judge and there is no movement whatsoever to impeach and remove Bybee from the bench since it had become public knowledge Bybee authored memos justifying torture.

That American judges are not bound to the rights promised in the International Covenant is ably demonstrated by the fact a sitting supreme court justice had, as a federal judge, let an innocent man rot eight additional years in prison on a rules technicality, when exculpatory evidence showing the man’s innocence had been produced for the court, prior to the justice’s appointment by  Obama and confirmation to the Supreme Court of the United States.

In the United States theory of law there is a known and in the past applied concept called ‘color of law.’ Color of law is when the apparatus of state puts up a pretense of legitimate authority to pursue what are in fact illegal acts.

 In the case of the FISA court authorizing PRISM and one must presume XkeyScore revealed by Snowden, there is ZERO constitutional foundation for any secret jurisprudence violating citizens’ rights laid out in the first through eighth amendments or American Bill of Rights, which the FISA court in fact sets out to do. When the constitutional language authorizing congress to create courts is construed in a way to cancel out other clauses of the constitution, there cannot be legitimacy where a constitutional oxymoron has been created. It is precisely the American Bill of Rights the USA holds is binding it to conformity to the International Covenant.

Congressional leaders Diane Feinstein and John Boehner have used the terms ‘treason’ and ‘traitor’ in relation to Snowden, poisoning the jury pool on a national basis, HOWEVER; 

any actual criminal acts defined as treason in the American sense under any authentic American ‘de jure’ rule of law are those persons putting forth a pretense the secret court authorizing civil liberties violations are legitimate. This points first to the Congress authoring patently unconstitutional legislation, then second, to any president signing and implementing such unlawful authority and subsequently, any Chief Justice appointing members of said secret court, and finally those persons accepting and serving FISA, these are the ‘traitors’ if the USA constitution were to mean anything in the present day, when in fact it would appear it does not. 

Obama must have been a terrible law professor or he has simply thrown out any principled view of American foundational law when ensconced in the halls of power. Diane Feinstein claiming “PRISM is legal” (one must presume she holds the same view of XkeyScore) because it had been approved by the FISA court, is patent ‘color of law’ and should be held as precisely such in any un-politicized judicial determination.

Obama’s disregard for the American foundational law is perhaps best demonstrated by his vote as Senator giving immunity to the telecoms, when the telecoms had played ball with criminals in the Bush administration (we now know likely had been authorized by the FISA court, on account of Snowden’s revelations), participating in what amounted to warrant-less searches and eves-dropping without a warrant, stealing and handing over peoples personal information in criminal acts Americans had been historically protected from by the USA constitution and pertinent laws, the 4th Amendment of the USA Bill of Rights particularly.

These violations should have opened the telecom corporations to both criminal penalties and civil liabilities. There were crimes committed which should have been prosecuted and people have a right to sue. The potential liability looked pretty big and the telecoms lobbied for immunity. The following constitutional violations were endorsed by Obama’s Senate vote:

1) ex post facto. The USA constitution specifically prohibits Congress making any “ex post facto” law, as typically or historically applied that means a behavior cannot be criminalized after the fact and applied retroactively, or more broadly, new laws cannot be made governing an event that is in the past. In this 2nd case we have a valid constitutional claim prohibiting making a law excusing past criminal civil liberties violations against our citizens, violations which had created liabilities. What is required for the criminal aspect solely, is a PARDON

2) legislative pardon: Congress cannot give pardons to the individuals within the telecoms who’d signed off on and perpetrated the crimes, that is reserved by the USA constitution to the president and neither can the congress or the president pardon corporations in any manner excusing civil liability, the corporations must be held accountable and seek any leniency based on possible mitigation factors from the courts, because [3 & 4 combine to make a constitutional principle]

3) the” right to petition for redress” is promised to every citizen who has been wronged and

4) “suit at equity”, that is, the courts existing to do what is right by the citizen, is the avenue provided by the USA’s constitution to fulfill the promise of every wronged citizen’s ‘right to petition for redress’ or it should be said there is no right of corporate or government impunity. Citizen’s petitions for remedies and compensation may not be preemptively denied fair hearing, in the USA’s courts of law by the Congress

The oath to uphold the USA’s constitution had been meant to prevent such patently wrong laws in the first instance. When this oath is become patently meaningless, as in the case of the majority of congress, points squarely to the core of corrupt process usurping the USA foundational law.

Obama’s proposal to create a court to oversee the USA’s drone strikes are an admission the targeted killings of Anwar al-Awaliki and his son, both American citizens, were extra-judicial assassinations, that, and congressmen proposing to amend the FISA law to create an advocate for the American public in presentations before the secret court, which to now has only heard the executive side arguments, are an admission there is no compulsory (constitutionally required) due process for citizens in the secret venue. Both of these proposals underscore overwhelming fact the USA institutions of governance have become removed practically altogether from its foundational rule of law. The very fact nearly the entirety of any ‘legal rationales’ related to the preceding phenomena are classified ‘state secrets’ reinforces the argument of a regime denying the people and the peoples advocates any avenue to right the ship of state per the constitutional order.

This degenerate state of American law, beginning at the top, with Obama, should be Snowden’s first line of defense, where he can correctly testify he was trapped by law requiring secrecy surrounding crimes against the constitutional order, and it had to be the American oath to “uphold the constitution against all enemies, foreign and domestic”, as a personal conviction, prevailed.

That Snowden cannot get a fair trial in the USA would be his follow-on argument in presenting the persona or legal track record of Obama’s Attorney General; Eric Holder.

Point one in fact, Snowden should not have been charged by Holder’s Department of Justice in the 1st instance, we can already see the prosecution is political punishment for revealing crimes against the American constitutional order.

To give additional legitimate legal cover to any State that would provide Snowden asylum under the International Covenant, having already shown the American political establishment holds its own citizens’ rights in contempt, we look at top American law enforcement officer Eric Holder, a political appointment who serves at the pleasure of Obama, and his track record in relation to a person’s rights.

REPEATEDLY, Holder’s Department of Justice has denied discovery in evidence in suits brought by victims of both; torture and warrant-less surveillance, citing “national security” and “state secrets” arguments, which have been routinely rubber stamped by American federal courts, denying the fundamental “Right to petition for redress” per the American foundational law. This, despite a past Supreme Court decision finding federal common law prohibits executive privilege or state secrets denying the right to petition for redress in the case of six unknown (to the plaintiff) federal agents in an illegal invasion of a private home, pointing to the present regime of American law patently ignoring its own principles. Holder’s Department of Justice should have settled rather than shut down the cases of the plantiffs.

Holder’s Department of Justice has assiduously protected the Bush criminal regime by refusing to bring warranted prosecutions. Directly relevant to this, because of Snowden’s revelations, we now know both the Bush and Obama administrations had engaged in egregious crimes against the American constitutional order, all with the approval of the secret FISA court

It should be noted as well, Holder having been at the nexus of a ‘color of law’ arrangement (legalized bribe) where Chiquita Corporation paid a fine, and in return the identities of those Chiquita executives responsible for giving cash and machine guns to the AUC terrorist group which went on to murder approximately 4,000 people, had their identities concealed under seal in lieu of prosecution. Obama’s Attorney General altogether fails on Ethics, he should be prosecuted for frustrating the course of justice but instead has been elevated to Attorney General of the United States and you don’t get much stronger evidence of a state in violation of its own rule of law.

Another note would be judicial forum shopping, where Holder’s Department of Justice would almost certainly choose to prosecute Snowden in the federal district most likely sympathetic to the government’s stance in this case. With a judge willing to deny any line of argument to Snowden based on his obligation as a patriotic American compelled to act on crimes against the constitutional order, his fate would be sealed, as any jury would not be allowed to consider such argument in Snowden’s defense.

How the preceding arguments can be tied to the American obligations to the International Covenant is quite simple; “no nation may go against its own acts” is an international common law principle as old as Rome, and when the USA asserts its own constitutional principles are the glue that binds its obligation to uphold the International Covenant with its ‘non-self-executing’ ratifying rationale, the USA cannot undermine its own constitutional principles in regards to individual rights and be construed to be in good standing with the treaty. It is not only going against the act of its own foundational law, it is doing this violation having bound its foundational law to the International Covenant and is therefore going against the treaty it has committed itself to, when by act of non-self-executing rationale, it entered Snowden’s American constitutional rights per se into force of international law, subject to adjudication under the general principles of the International Covenant in diverse jurisdiction.

With this preceding outline fleshed out with the copious evidence available in the public record, Snowden could retain excellent German lawyers, walk this legal argument into the German embassy in Moscow, file it with a petition for political asylum and sue in the European Court of Human Rights when or if asylum were turned down by Germany and subsequently the German courts.

Insofar as associating with WikiLeaks, Snowden cannot help Manning’s case except to provide fodder for pro-Manning political cannons, but association with and any legal comparisons to Manning’s case certainly could eventually bring Snowden’s case down in abject failure. A personal note to Snowden: you are being used by WikiLeaks, and this could be to your absolute disadvantage.

© Ronald Thomas West. This article may be reproduced in full with attribution to the author

 

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Samuel Alito authored Salinas vs Texas

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The Salinas vs Texas ruling states that a suspect’s silence can be used against them if they did not voluntarily invoke their Fifth Amendment right to remain silent, in order to be protected by the 5th amendment. I can only imagine what George Carlin would do with this one-

Police to suspect: “You have the right to remain silent AND we can use your right to silence against you”

After all, the Supreme Court says the 5th Amendment reads “nor shall [any person] be compelled in any criminal case to be a witness against himself, if they have read and remember what this clause is about” because when writing the Constitution our founders employed a crystal ball to know the ‘Miranda’ decision requiring police tell a suspect of their right to remain silent would be in the works 200 years down the line ..

.. oh, but wait, the Miranda decision is oxymoron because its required warning is read to inform you of your rights but if you actually have to be informed of your rights, the Supreme Court says you have no rights .. 

We could try calling it the ‘if you’ve been to law school and passed the law twisted beyond logic bar exam, you get your rights because you’re a lawyer’ rule…

Failed breathalyzer suspect George A. Custer Esquire to Police:

“If you read my rights, I’ll Sioux”

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The Satires

 

 

Roberts

Chief Justice John Roberts

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It only seems fair to ask the Supreme Court directly, what the fuck is going on? Not that I expect any straightforward answer. The ethical inversions of our power elite almost certainly determine an honest answer, if there were to be any answer at all, would require the narcissism of a sociopath point the finger at itself as the guilty party, which of course, is a psychological impossibility. But at least this might make them squirm under their sanctimonious robes-

Letter sent via online form on 22 June 2013

Subject: Judicial Ethics

Dear Justices of the Supreme Court

When considering the news Edwards Snowden, who revealed the existence of ‘’PRISM’, has been charged with espionage, let’s not forget PRISM had been authorized by the FISA court. The United States constitution’s clause authorizing Congress to create courts does not employ language allowing a constitutional oxymoron; that is creating secret court undermining other clauses of the constitution, or one clause empowered to cancel out the other clauses. Where is the constitutional language specifying ‘secret’ courts? This is anathema to our founders principles and intent.

Restated in the simplest terms; When the clause allowing Congress to create courts is construed in such a way as to undermine other constitutional clauses, only one clause will count: the clause Congress gave away to secrecy. This says to me we can forget about the rest, including the clauses which guarantee a trial by our peers, the right to confront our accusers, our right to freely associate, our right to peaceably assemble, our right of public speech, all of which can now be prosecuted in secret, and now our private speech which can be stolen and misconstrued as evidence in secret star chamber proceedings where we have no right of presence or counsel to challenge evidence or present contrary evidence, et cetera. The end result is no constitution at all.

It appears to me any actual ‘treason’ committed has been the Congress authoring the FISA legislation, the President signing it, the Chief Justice employing the law’s clause authorizing him to make appointments to the secret FISA court and those appointees serving.

Overlooking the political animal Obama who’s demonstrated not to have any constitutional principles at all, particularly this prima facie treason points to Chief Justice John Roberts, who possesses the training in law from a position which should, had the American Constitution meant anything at all, have prevented his conscience from making the appointments, effectively stopping the secret court in its tracks. Is it too late to right the ship of state?

Sincerely (from Exile)

Ronald Thomas West

http://www.ronaldthomaswest.com

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John Roberts appoints the FISA Star Chamber

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In the United States theory of law there is a known and in the past prosecuted concept called ‘color of law.’ Color of law is when the apparatus of state puts up a pretense of legitimate authority to pursue what are in fact illegal acts.

In the case of the FISA court, there is ZERO constitutional foundation for any secret jurisprudence violating American citizens’ individual rights laid out in our constitution’s first through eighth amendments, which the FISA court authorizing Prism in fact sets out to do.

In the case of Edward Snowden:

 

Congressional leaders Diane Feinstein and John Boehner have used the terms ‘treason’ and ‘traitor’ HOWEVER:

The actual traitors under any authentic American or ‘de jure’ rule of law are those persons putting forth a pretense these civil liberties violations are legitimate. This points first to the Congress authoring patently unconstitutional legislation, then second, to any president signing and implementing such unlawful authority and subsequently, any Chief Justice appointing members of said secret court under FISA law, and finally those persons accepting and serving FISA, these are the ‘traitors’ if our constitution were to mean anything in the present day, which in fact it would appear it does not.

It is clear our core American values in philosophy, theory and practice of law, have been discarded by the national leadership of both parties.

When Senator Diane Feinstein claims ‘prism’ is ‘legal’ she is in a philosophy of law tar pit. Prism is unconstitutional from top to bottom, our constitution’s clause authorizing congress to create courts does not employ language allowing a constitutional oxymoron, that is creating secret jurisdiction undermining other clauses of the constitution or one clause empowered to undermine the other clauses.

Restated in the simplest terms; When the clause allowing congress to create courts is construed in such a way as to undermine other constitutional clauses, only one clause will count: the clause congress gave away to secrecy. You can forget about the rest, including the clauses which guarantee a trial by your peers, the right to confront your accusers, your right to freely associate, your right to peaceably assemble, your right of public speech, all of which you can now be prosecuted in secret, and now your private speech can be stolen and misconstrued in secret star chamber proceedings, et cetera, add nausea. The end result is no constitution at all. Only people living in denial, mental pygmies and deliberate liars could hold any other point of view. It is abundantly clear Color of law has overtaken the highest institutions of the USA. Does it say anything to you Dick Cheney lawyer Shannen Coffin is a big fan (and close personal friend) of Chief Justice John Roberts, the man who appoints the FISA Star Chamber judges? “The Star Chamber has, for centuries, symbolized disregard of basic human rights”  Faretta v. California 422 US 806, 821-22 (1975)

Obama must have been a terrible law professor or he has actually thrown out any principled view of American foundational law when ensconced in the halls of power, which appears to be a widespread and socially contagious disease at the apex of 21st century American politics; particularly noting Chief Justice John Roberts who appoints the members of the secret FISA court. With this ‘star chamber’ in place, one only need examine who is hunted and sent to prison or murdered without charge or trial, such as 16 years old U.S. citizen Abdulrahman al-Awlaki, as opposed to those rewarded for crimes of unspeakable magnitude; as fans of fascism and impunity were never in short supply in ‘civilized’ peoples power structures. And so it is the power corrupt, example given, recent Director of Central Intelligence General Patraeus who’d provided cover to James Steele in Iraq for organized torture centers and death squads, is rewarded with a seat at Bilderberg, where no doubt Patraeus can offer innovative method recently applied in Iraq to the longstanding organizing of Black African militia murdering Black Africans to the advantage of corporate rip-off of African peoples’ resources.

One only need compare this to the aggressive pursuit of Edward Snowden for whistle-blowing crimes against the rule of law; to understand what is actually going on in those rarified circles of empowered White men (a term inclusive of Condoleezza & Susan Rice) knowing what is good for deliberately disenfranchised Brown people, also known as corporate money means murder around the world.

If one carefully considers what Edward Snowden has stated in the video, it was never more clear corporate boards have access to all of the information corporate criminal personalities would need to prepare ‘kill lists’ independent of any governmental ‘authority’ Read it HERE

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Condoleezza & CHEVRON have access to PRISM

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My investigation into breaking laws associated with a proposed CHEVRON drilling project stopped (nearly single-handedly) a CHEVRON exploration into what is believed by some to be one of the most potentially rich hydro-carbon domes in the USA (which happens to be under pristine wild land sacred to the Blackfeet Indians.) The subsequent dirty business of trying to take me out is in tandum with Bush-Cheney big oil personalities at the top of the corporate food chain. The George H.W. Bush White House was on board in 1989-1993 with counterfeiting the environmental laws process, and it became a Bush Jr/Cheney issue after the fact, particularly having to do with covering up the John Yoo/Jay Bybee torture lawyers earlier involvement with the Bush Sr administration’s corruption in this case.

Look at these CHEVRON personalities and their raw power:

http://csis.org/event/launch-project-us-leadership-development

When CHEVRON employs former Bush National Security Advisor & Secretary of State Condoleezza Rice together with  former NATO Supreme Commander & Obama National Security Advisor General James Jones, two of the most influential hyper-extremist Christians in the world, utilizing Congress for integrating CHEVRON policy to United States policy, I expect there is little doubt CHEVRON has access to PRISM to carry out its objectives, inclusive of when those objectives incorporate murder. These power corrupt people, responsible for numerous international crimes, actually believe ‘God’ places them above the law.

Their criminal reach has been nearly unlimited. When I had escaped the USA alive and subsequently positively identified CIA associated persons directly tied to attempted assassination of myself, I became a ‘national security threat’ on account of the extent of possible exposure of corporate boards deep reach into the security services and associated abuses of USA power. This is why nothing changed under Obama. My sense is, my story has become a threat to the entire status quo.

When the western democracies leadership preach (give lip service to) the rule of law, it includes everyone except themselves as pimps and whores for corporate boards that in actuality rule our lives using democracy as a front. It would appear this is why there has been no arrests and prosecutions related to my case, in which the relevant authorities have all the necessary information.

Watch Judge Napolitano excoriate the U.S. government’s PRISM constitutional violations HERE

Read National Security experts Valerie Plame & Joe Wilson’s take on PRISM HERE

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Related: Letter to Parliament

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Five Federalist Society Fascists

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Spanky

His mentor getting him to the Supreme Court was Ed Meese, Meese is worshipped as a god within the Federalist Society

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Darla

While running a murder ring in government as vice president, her top lawyer was Shannen Coffin, Coffin is a close friend of Alfalfa

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Alfalfa

A Federalist Society steering committee member, Alfalfa was a professional associate of Spanky, Darla and Sidney under Reagan and George H.W. Bush

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Buckwheat

Advisor to George H.W. Bush, Buckwheat ran his own kidnap, torture & murder ring under George W Bush

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 SAMSUNG

Sidney

An assistant to Federalist Society god Ed Meese, when Meese was implicated in the Iran Contra & WedTech scandals under Reagan

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Scalia

Spanky a.k.a Antonin Scalia

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Cheney

Darla a.k.a. Dick Cheney

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Roberts

Alfalfa a.k. John Roberts

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Rice

Buckwheat a.k.a. Condoleezza

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Alito

Sidney a.k.a. Samuel Alito

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In the American republic that was intended to be, the Federalist Society would be broken up with the use of ‘Criminal RICO’ law and these ‘Family’ individuals prosecuted for [death penalty eligible] treason on account of conspiracy to undermine and overthrow the Constitutional authority of the United States of America. Perhaps Roberts, Scalia and Alito should find the death penalty unconstitutional on the outside chance the rule of law will be restored and it will catch up with them 😉

Related: Color of Law

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The Satires