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Wednesday, August 07, 2013
From The Marxist Archives-Imperialism and World Economy
thanks, Rich A
-------- Original Message -------- Brought to you by 9/11. Kafka's America: Secret Courts, Secret Laws, and Total SurveillanceIronically, the seeds for this brave new world were planted in an attempt to reform the ludicrous mantra of the Nixon administration that "if the president does it, it's not illegal." In the aftermath of the Watergate incident, the Senate held meetings under the Church Committee in order to determine exactly what sorts of illicit activities the American intelligence apparatus was engaged in under the direction of Nixon, and how future violations of the law could be stopped. The result was the passage of the Foreign Intelligence Surveillance Acts (FISA), and the creation of the FISC, which was supposed to oversee and correct how intelligence information is collated.Fast forward to the present day, and what we see is that the alleged solution to the problem of government entities engaging in unjustified and illegal surveillance has instead become the main perpetrator of such activities. When FISA was passed in 1978, it provided for a court of seven federal judges from seven different federal circuits who would serve for seven years. The judges on the FISC are appointed by the Chief Justice of the Supreme Court and may only serve once. The USA PATRIOT Act, however, increased the number of judges to 11, and altered the standards under which the government could engage in surveillance. Thus, what was ostensibly designed as a mechanism to protect the American people from unwarranted government surveillance became instead a bureaucratic mechanism to rubber stamp government applications for surveillance. Indeed, the Court is structured such that applications for surveillance are rarely ever denied. If a judge were to reject an application, for example, that judge would have to immediately write a report detailing every reason for the rejection, then transmit the report to a 3-person court of review. If that court finds that the application was properly denied, it must also write a report, which is then subject to a writ of certiorari by the Supreme Court. However, no reviews are necessary if an application is granted. This bias towards approving applications has played out predictably over the history of the court: out of 33,949 total applications, only 11 have been denied. Out of those 11, at least four were granted partial warrants later. Deference to government requests for surveillance has only been exacerbated since 9/11. Before the PATRIOT Act was passed, collection of foreign intelligence information had to be the sole or primary purpose of the surveillance. However, after the PATRIOT Act, collecting foreign intelligence information merely had to be a "significant"� part of the surveillance. The PATRIOT Act also allowed for a "roving wiretap,"� which meant that government agents no longer had to designate a particular number or line to be bugged. This has led to the government forcing telephone and internet providers -- some willingly and some not so willingly -- to hand over vast troves of information on American communications. Unnamed officials familiar with the inner workings of the FISC have noted that the Court's mission has vastly expanded in the past few years, from simply granting warrants for surveillance to settling constitutional questions about surveillance in classified decisions, some almost one hundred pages long. For example, the FISC has gone so far as to determine that the Fourth Amendment requirement for a search warrant does not apply when it comes to the NSA collecting and analyzing data of Americans' communications. In truth, the FISC has basically become a parallel Supreme Court, but one which operates in almost total secrecy. The runaround and circular logic of the courts, Congress, the intelligence agencies, and the White House calls to mind Franz Kafka's various depictions of bureaucracy gone mad, which have colored our civilization's understanding of the shortcomings of a government which is only accountable to itself. Josef K's plight in The Trial, one of bureaucratic lunacy and an inability to discover the identity of his accusers, is increasingly an American reality. We now live in a society in which a person can be accused of any number of crimes without knowing what exactly he has done. He might be apprehended in the middle of the night by a roving band of SWAT police. He might find himself on a no-fly list, unable to travel for reasons undisclosed. He might have his phones or internet tapped based upon a secret order handed down by a secret court, with no recourse to discover why he was targeted. Indeed, this is Kafka's nightmare, and it is slowly becoming America's reality. |
Democratic establishment unmasked: prime defenders of NSA bulk spying
NYT: "The Obama administration made
common cause with the House Republican leadership"
·
- Glenn Greenwald
- guardian.co.uk, Thursday 25 July 2013 05.09 EDT
One of the most vocal supporters of the Obama White House's
position on yesterday's NSA debate: GOP Congresswoman Michele Bachmann of
Minnesota. Photograph: Scott Olson/Getty Images
One of the worst myths Democratic partisans love to tell themselves - and everyone else - is that the GOP refuses to support President Obama no matter what he does. Like its close cousin - the massively deceitful inside-DC grievance that the two parties refuse to cooperate on anything - it's hard to overstate how false this Democratic myth is. When it comes to foreign policy, war, assassinations, drones, surveillance, secrecy, and civil liberties, President Obama's most stalwart, enthusiastic defenders are often found among the most radical precincts of the Republican Party.
The rabidly pro-war and anti-Muslim GOP former Chairman of the House Homeland Security Committee, Peter King, has repeatedly lavished Obama with all sorts of praise and support for his policies in those areas. The Obama White House frequently needs, and receives, large amounts of GOP Congressional support to have its measures enacted or bills its dislikes defeated. The Obama DOJ often prevails before the US Supreme Court solely because the Roberts/Scalia/Thomas faction adopts its view while the Ginsburg/Sotomayor/Breyer faction rejects it (as happened in February when the Court, by a 5-4 ruling, dismissed a lawsuit brought by Amnesty and the ACLU which argued that the NSA's domestic warrantless eavesdropping activities violate the Fourth Amendment; the Roberts/Scalia wing accepted the Obama DOJ's argument that the plaintiffs lack standing to sue because the NSA successfully conceals the identity of which Americans are subjected to the surveillance). As Wired put it at the time about that NSA ruling:
The 5-4 decision by Justice Samuel Alito was a clear victory for the President Barack Obama administration, which like its predecessor, argued that government wiretapping laws cannot be challenged in court."
The extraordinary events that took place in the House of Representatives yesterday are perhaps the most vivid illustration yet of this dynamic, and it independently reveals several other important trends. The House voted on an amendment sponsored by Justin Amash, the young Michigan lawyer elected in 2010 as a Tea Party candidate, and co-sponsored by John Conyers, the 24-term senior Democrat on the House Judiciary Committee. The amendment was simple. It would de-fund one single NSA program: the agency's bulk collection of the telephone records of all Americans that we first revealed in this space, back on June 6. It accomplished this "by requiring the FISA court under Sec. 215 [of the Patriot Act] to order the production of records that pertain only to a person under investigation".
The amendment yesterday was defeated. But it lost by only 12 votes: 205-217. Given that the amendment sought to de-fund a major domestic surveillance program of the NSA, the very close vote was nothing short of shocking. In fact, in the post-9/11 world, amendments like this, which directly challenge the Surveillance and National Security States, almost never get votes at all. That the GOP House Leadership was forced to allow it to reach the floor was a sign of how much things have changed over the last seven weeks.
More significant than the closeness of the vote was its breakdown. A majority of House Democrats supported the Amash/Conyers amendment, while a majority of Republicans voted against it:
The full roll call vote is here. House Speaker John Boehner saved the Obama White House by voting against it and ensuring that his top leadership whipped against it. As the New York Times put it in its account of yesterday's vote:
Conservative Republicans leery of what they see as Obama administration abuses of power teamed up with liberal Democrats long opposed to intrusive intelligence programs. The Obama administration made common cause with the House Republican leadership to try to block it.
In reality, the fate of the amendment was sealed when the Obama White House on Monday night announced its vehement opposition to it, and then sent NSA officials to the House to scare members that barring the NSA from collecting all phone records of all Americans would Help The Terrorists™.
Using Orwellian language so extreme as to be darkly hilarious, this was the first line of the White House's statement opposing the amendment: "In light of the recent unauthorized disclosures, the President has said that he welcomes a debate about how best to simultaneously safeguard both our national security and the privacy of our citizens" (i.e.: we welcome the debate that has been exclusively enabled by that vile traitor, the same debate we've spent years trying to prevent with rampant abuse of our secrecy powers that has kept even the most basic facts about our spying activities concealed from the American people).
The White House then condemned Amash/Conyers this way: "This blunt approach is not the product of an informed, open, or deliberative process." What a multi-level masterpiece of Orwellian political deceit that sentence is. The highly surgical Amash/Conyers amendment - which would eliminate a single, specific NSA program of indiscriminate domestic spying - is a "blunt approach", but the Obama NSA's bulk, indiscriminate collection of all Americans' telephone records is not a "blunt approach". Even worse: Amash/Conyers - a House bill debated in public and then voted on in public - is not an "open or deliberative process", as opposed to the Obama administration's secret spying activities and the secret court that blesses its secret interpretations of law, which is "open and deliberative". That anyone can write a statement like the one that came from the Obama White House without dying of shame, or giggles, is impressive.
Even more notable than the Obama White House's defense of the NSA's bulk domestic spying was the behavior of the House Democratic leadership. Not only did they all vote against de-funding the NSA bulk domestic spying program - that includes liberal icon House Democratic leader Nancy Pelosi, who voted to protect the NSA's program - but Pelosi's deputy, Steny Hoyer, whipped against the bill by channeling the warped language and mentality of Dick Cheney. This is the language the Democratic leadership circulated when telling their members to reject Amash/Conyers:
"2) Amash/Conyers/Mulvaney/Polis/Massie Amendment – Bars the NSA and other agencies from using Section 215 of the Patriot Act (as codified by Section 501 of FISA) to collect records, including telephone call records, that pertain to persons who may be in communication with terrorist groups but are not already subject to an investigation under Section 215."
Remember when Democrats used to object so earnestly when Dick Cheney would scream "The Terrorists!" every time someone tried to rein in the National Security State just a bit and so modestly protect basic civil liberties? How well they have learned: now, a bill to ban the government from collecting the telephone records of all Americans, while expressly allowing it to collect the records of anyone for whom there is evidence of wrongdoing, is - in the language of the House Democratic Leadership - a bill to Protect The Terrorists.
None of this should be surprising. Remember: this is the same Nancy Pelosi who spent years during the Bush administration pretending to be a vehement opponent of the illegal Bush NSA warrantless eavesdropping program after it was revealed by the New York Times, even though (just as was true of the Bush torture program) she was secretly briefed on it many years earlier when it was first implemented. At the end of June, we published the top secret draft report by the Inspector General's office of the NSA that was required to provide a comprehensive history of the NSA warrantless eavesdropping program secretly ordered by Bush in late 2001. That report included this passage:
"Within the first 30 days of the Program, over 190 people were cleared into the Program. This number included Senators Robert Graham and Richard Shelby, Congresswoman Nancy Pelosi, President George W. Bush, Vice President Richard Cheney, Counsel to the Vice President David Addington, and Presidential Assistant I. Lewis 'Scooter' Libby."
So the history of Democratic leaders such as Nancy Pelosi isn't one of opposition to mass NSA spying when Bush was in office, only to change positions now that Obama is. The history is of pretend opposition - of deceiving their supporters by feigning opposition - while actually supporting it.
But the most notable aspect of yesterday's events was the debate on the House floor. The most vocal defenders of the Obama White House's position were Rep. Mike Rogers, the very hawkish GOP Chairman of the House Intelligence Committee, and GOP Congresswoman Michele Bachmann. Echoing the Democratic House leadership, Bachmann repeatedly warned that NSA bulk spying was necessary to stop "Islamic jihadists", and she attacked Republicans who supported de-funding for rendering the nation vulnerable to The Terrorists.
Meanwhile, Amash led the debate against the NSA program and repeatedly assigned time to many of the House's most iconic liberals to condemn in the harshest terms the NSA program defended by the Obama White House. Conyers repeatedly stood to denounce the NSA program as illegal, unconstitutional and extremist. Manhattan's Jerry Nadler said that "no administration should be permitted to operate beyond the law, as they've been doing". Newly elected Democrat Tulsi Gabbard of Hawaii, an Iraq War combat veteran considered a rising star in her party, said that she could not in good conscience take a single dollar from taxpayers to fund programs that infringe on exactly those constitutional rights our troops (such as herself) have risked their lives for; she told me after the vote, by Twitter direct message, that the "battle [was] lost today but war not over. We will continue to press on this issue."
In between these denunciations of the Obama NSA from House liberals, some of the most conservative members of the House stood to read from the Fourth Amendment. Perhaps the most amazing moment came when GOP Rep. James Sensenbrenner - the prime author of the Patriot Act back in 2001 and a long-time defender of War on Terror policies under both Bush and Obama - stood up to say that the NSA's domestic bulk spying far exceeds the bounds of the law he wrote as well as his belief in the proper limits of domestic surveillance, and announced his support for Amash/Conyers. Sensenbrenner was then joined in voting to de-fund the NSA program by House liberals such as Barbara Lee, Rush Holt, James Clyburn, Nydia Velázquez, Alan Grayson, and Keith Ellison.
Meanwhile, in the Senate, Democrat Ron Wyden continues to invoke unusually harsh language to condemn what the NSA is doing under Obama. Here is some of what he said in a speech this week at the Center for American Progress, as reported by the Hill:
Sen. Ron Wyden (D-Ore.) on Tuesday urged the United States to revamp its surveillance laws and practices, warning that the country will 'live to regret it' if it fails to do so.
"'If we do not seize this unique moment in our constitutional history to reform our surveillance laws and practices, we will all live to regret it . . . The combination of increasingly advanced technology with a breakdown in the checks and balances that limit government action could lead us to a surveillance state that cannot be reversed,' he added. . . .
"The government has essentially kept people in the dark about their broad interpretations of the law, he said. Wyden tells constituents there are two Patriot Acts: One they read online at home and 'the secret interpretation of the law that the government is actually relying upon.'
"'If Americans are not able to learn how their government is interpreting and executing the law then we have effectively eliminated the most important bulwark of our democracy," he said. . . .
"'This means that the government's authority to collect information on law-abiding American citizens is essentially limitless', he said."
Wyden's full speech - in which he makes clear that it is solely the disclosures of the last seven weeks that have enabled this debate and brought about a massive shift in public opinion - is remarkable and can be read here. That's a senior Democrat and a member of the Senate Intelligence Committee sounding exactly like Edward Snowden - and the ACLU - in denouncing the abuses of the American Surveillance State. Meanwhile, as soon as the House vote was over, Rep. Rush Holt, a long-time Democratic member of the House Intelligence Committee, introduced "The Surveillance State Repeal Act" that would repeal the legislative foundation for this massive spying, including the once-and-now-again-controversial Patriot Act, which the Obama administration in 2011 successfully had renewed without a single reform (after Democrat Harry Reid accused opponents of its reform-free renewal of endangering the Nation to The Terrorists).
To say that there is a major sea change underway - not just in terms of surveillance policy but broader issues of secrecy, trust in national security institutions, and civil liberties - is to state the obvious. But perhaps the most significant and enduring change will be the erosion of the trite, tired prism of partisan simplicity through which American politics has been understood over the last decade. What one sees in this debate is not Democrat v. Republican or left v. right. One sees authoritarianism v. individualism, fealty to The National Security State v. a belief in the need to constrain and check it, insider Washington loyalty v. outsider independence.
That's why the only defenders of the NSA at this point are the decaying establishment leadership of both political parties whose allegiance is to the sprawling permanent power faction in Washington and the private industry that owns and controls it. They're aligned against long-time liberals, the new breed of small government conservatives, the ACLU and other civil liberties groups, many of their own members, and increasingly the American people, who have grown tired of, and immune to, the relentless fear-mongering.
The sooner the myth of "intractable partisan warfare" is dispelled, the better. The establishment leadership of the two parties collaborate on far more than they fight. That is a basic truth that needs to be understood. As John Boehner joined with Nancy Peolsi, as Eric Cantor whipped support for the Obama White House, as Michele Bachmann and Peter King stood with Steny Hoyer to attack NSA critics as Terrorist-Lovers, yesterday was a significant step toward accomplishing that.
Some talking points regarding the Bradley Manning
trial:
1. Bradley was an idealistic soldier who responded in action to what he saw as needless extinguishing and torturing of innocent human beings in Iraq and Afghanistan. Here is a very important quote from Manning’s chats with Adrian Lamo: Hypothetical question: If you had free reign over classified networks over a long period of time, if you saw incredible things, awful things, things that belonged in the public domain and not on some server stored in a dark room in Washington, D.C., what would you do?
Other things to reference in support of this talking point: Collateral Murder video release, Iraq and Afghanistan war logs which reveal US knowledge of exact numbers of civilian deaths which contrasted the media reports in which US military claimed it did not have such knowledge.
2. Manning was very selective in what he released to Wikileaks. The prosecution’s claim that Manning was “systematically harvesting” documents does not make sense. Manning had unlimited access to documents and unlimited ability to download them. If he had been systematically harvesting information, he would have released millions of documents. Also, if Bradley was spending most of his time searching for documents to download, he would not have been getting his work done on time. Witnesses in the trial testified things such as: Pfc. Manning was the most organized analyst in his section, consistently completed his tasks in time, and was one of the most reliable analysts.
3. The government prosecutors presented no reliable evidence to support their claim that Manning is a “traitor” and disloyal to his country. The only witness the prosecution presented to support this claim is Specialist Showman who was Manning’s superior. Showman claimed on the witness stand that while she worked with Manning in Iraq, she suspected he was a spy and “disloyal” to his country. However, she also testified that she failed to write this down anywhere while she had those suspicions. She claims she went to her superior, Sergeant Adkins, five times about this incident. She said that Adkins said that he said he would “take care of it.” But there is no evidence that he wrote it down either.
4. There is no evidence that Manning knew his leaks would “aid the enemy”. This exerpt is from Nathan Fuller’s article on Coombs’ closing argument: Coombs showed how the government’s evidence went to a “negligence” argument – that Manning “should have known” that the enemy uses the Internet and therefore would find any information that WikiLeaks posted. Prosecutors used an Army report that says soldiers should “presume” the enemy visits WikiLeaks, and they argue that Manning was trained to assume the enemy would want classified information. But they also conceded that “should have known” is far too low a standard, and only “actual knowledge” is enough to convict him of aiding the enemy.
1. Bradley was an idealistic soldier who responded in action to what he saw as needless extinguishing and torturing of innocent human beings in Iraq and Afghanistan. Here is a very important quote from Manning’s chats with Adrian Lamo: Hypothetical question: If you had free reign over classified networks over a long period of time, if you saw incredible things, awful things, things that belonged in the public domain and not on some server stored in a dark room in Washington, D.C., what would you do?
Other things to reference in support of this talking point: Collateral Murder video release, Iraq and Afghanistan war logs which reveal US knowledge of exact numbers of civilian deaths which contrasted the media reports in which US military claimed it did not have such knowledge.
2. Manning was very selective in what he released to Wikileaks. The prosecution’s claim that Manning was “systematically harvesting” documents does not make sense. Manning had unlimited access to documents and unlimited ability to download them. If he had been systematically harvesting information, he would have released millions of documents. Also, if Bradley was spending most of his time searching for documents to download, he would not have been getting his work done on time. Witnesses in the trial testified things such as: Pfc. Manning was the most organized analyst in his section, consistently completed his tasks in time, and was one of the most reliable analysts.
3. The government prosecutors presented no reliable evidence to support their claim that Manning is a “traitor” and disloyal to his country. The only witness the prosecution presented to support this claim is Specialist Showman who was Manning’s superior. Showman claimed on the witness stand that while she worked with Manning in Iraq, she suspected he was a spy and “disloyal” to his country. However, she also testified that she failed to write this down anywhere while she had those suspicions. She claims she went to her superior, Sergeant Adkins, five times about this incident. She said that Adkins said that he said he would “take care of it.” But there is no evidence that he wrote it down either.
4. There is no evidence that Manning knew his leaks would “aid the enemy”. This exerpt is from Nathan Fuller’s article on Coombs’ closing argument: Coombs showed how the government’s evidence went to a “negligence” argument – that Manning “should have known” that the enemy uses the Internet and therefore would find any information that WikiLeaks posted. Prosecutors used an Army report that says soldiers should “presume” the enemy visits WikiLeaks, and they argue that Manning was trained to assume the enemy would want classified information. But they also conceded that “should have known” is far too low a standard, and only “actual knowledge” is enough to convict him of aiding the enemy.
5. There is no evidence
that Manning’s leaks caused harm to anyone.
The following was published
in January, 2011, by Reuters:
(Reuters) -
Internal U.S. government reviews have determined that a mass leak of diplomatic
cables caused only limited damage to U.S. interests abroad, despite the Obama
administration's public statements to the contrary.
A
congressional official briefed on the reviews said the administration felt
compelled to say publicly that the revelations had seriously damaged American
interests in order to bolster legal efforts to shut down theWikiLeaks website
and bring charges against the leakers.
"I think
they just want to present the toughest front they can muster," the official
said.
But State
Department officials have privately told Congress they expect overall damage to
U.S. foreign policy to be containable, said the official, one of two
congressional aides familiar with the briefings who spoke to Reuters on
condition of anonymity.
"We were
told (the impact of WikiLeaks revelations)
was embarrassing but not damaging," said the official, who attended a briefing
given in late 2010 by State Department officials.
Some talking points regarding the Bradley Manning
trial:
1. Bradley was an idealistic soldier who responded in action to what he saw as needless extinguishing and torturing of innocent human beings in Iraq and Afghanistan. Here is a very important quote from Manning’s chats with Adrian Lamo: Hypothetical question: If you had free reign over classified networks over a long period of time, if you saw incredible things, awful things, things that belonged in the public domain and not on some server stored in a dark room in Washington, D.C., what would you do?
Other things to reference in support of this talking point: Collateral Murder video release, Iraq and Afghanistan war logs which reveal US knowledge of exact numbers of civilian deaths which contrasted the media reports in which US military claimed it did not have such knowledge.
2. Manning was very selective in what he released to Wikileaks. The prosecution’s claim that Manning was “systematically harvesting” documents does not make sense. Manning had unlimited access to documents and unlimited ability to download them. If he had been systematically harvesting information, he would have released millions of documents. Also, if Bradley was spending most of his time searching for documents to download, he would not have been getting his work done on time. Witnesses in the trial testified things such as: Pfc. Manning was the most organized analyst in his section, consistently completed his tasks in time, and was one of the most reliable analysts.
3. The government prosecutors presented no reliable evidence to support their claim that Manning is a “traitor” and disloyal to his country. The only witness the prosecution presented to support this claim is Specialist Showman who was Manning’s superior. Showman claimed on the witness stand that while she worked with Manning in Iraq, she suspected he was a spy and “disloyal” to his country. However, she also testified that she failed to write this down anywhere while she had those suspicions. She claims she went to her superior, Sergeant Adkins, five times about this incident. She said that Adkins said that he said he would “take care of it.” But there is no evidence that he wrote it down either.
4. There is no evidence that Manning knew his leaks would “aid the enemy”. This exerpt is from Nathan Fuller’s article on Coombs’ closing argument: Coombs showed how the government’s evidence went to a “negligence” argument – that Manning “should have known” that the enemy uses the Internet and therefore would find any information that WikiLeaks posted. Prosecutors used an Army report that says soldiers should “presume” the enemy visits WikiLeaks, and they argue that Manning was trained to assume the enemy would want classified information. But they also conceded that “should have known” is far too low a standard, and only “actual knowledge” is enough to convict him of aiding the enemy.
1. Bradley was an idealistic soldier who responded in action to what he saw as needless extinguishing and torturing of innocent human beings in Iraq and Afghanistan. Here is a very important quote from Manning’s chats with Adrian Lamo: Hypothetical question: If you had free reign over classified networks over a long period of time, if you saw incredible things, awful things, things that belonged in the public domain and not on some server stored in a dark room in Washington, D.C., what would you do?
Other things to reference in support of this talking point: Collateral Murder video release, Iraq and Afghanistan war logs which reveal US knowledge of exact numbers of civilian deaths which contrasted the media reports in which US military claimed it did not have such knowledge.
2. Manning was very selective in what he released to Wikileaks. The prosecution’s claim that Manning was “systematically harvesting” documents does not make sense. Manning had unlimited access to documents and unlimited ability to download them. If he had been systematically harvesting information, he would have released millions of documents. Also, if Bradley was spending most of his time searching for documents to download, he would not have been getting his work done on time. Witnesses in the trial testified things such as: Pfc. Manning was the most organized analyst in his section, consistently completed his tasks in time, and was one of the most reliable analysts.
3. The government prosecutors presented no reliable evidence to support their claim that Manning is a “traitor” and disloyal to his country. The only witness the prosecution presented to support this claim is Specialist Showman who was Manning’s superior. Showman claimed on the witness stand that while she worked with Manning in Iraq, she suspected he was a spy and “disloyal” to his country. However, she also testified that she failed to write this down anywhere while she had those suspicions. She claims she went to her superior, Sergeant Adkins, five times about this incident. She said that Adkins said that he said he would “take care of it.” But there is no evidence that he wrote it down either.
4. There is no evidence that Manning knew his leaks would “aid the enemy”. This exerpt is from Nathan Fuller’s article on Coombs’ closing argument: Coombs showed how the government’s evidence went to a “negligence” argument – that Manning “should have known” that the enemy uses the Internet and therefore would find any information that WikiLeaks posted. Prosecutors used an Army report that says soldiers should “presume” the enemy visits WikiLeaks, and they argue that Manning was trained to assume the enemy would want classified information. But they also conceded that “should have known” is far too low a standard, and only “actual knowledge” is enough to convict him of aiding the enemy.
5. There is no evidence
that Manning’s leaks caused harm to anyone.
The following was published
in January, 2011, by Reuters:
(Reuters) -
Internal U.S. government reviews have determined that a mass leak of diplomatic
cables caused only limited damage to U.S. interests abroad, despite the Obama
administration's public statements to the contrary.
A
congressional official briefed on the reviews said the administration felt
compelled to say publicly that the revelations had seriously damaged American
interests in order to bolster legal efforts to shut down theWikiLeaks website
and bring charges against the leakers.
"I think
they just want to present the toughest front they can muster," the official
said.
But State
Department officials have privately told Congress they expect overall damage to
U.S. foreign policy to be containable, said the official, one of two
congressional aides familiar with the briefings who spoke to Reuters on
condition of anonymity.
"We were
told (the impact of WikiLeaks revelations)
was embarrassing but not damaging," said the official, who attended a briefing
given in late 2010 by State Department officials.
Some talking points regarding the Bradley Manning
trial:
1. Bradley was an idealistic soldier who responded in action to what he saw as needless extinguishing and torturing of innocent human beings in Iraq and Afghanistan. Here is a very important quote from Manning’s chats with Adrian Lamo: Hypothetical question: If you had free reign over classified networks over a long period of time, if you saw incredible things, awful things, things that belonged in the public domain and not on some server stored in a dark room in Washington, D.C., what would you do?
Other things to reference in support of this talking point: Collateral Murder video release, Iraq and Afghanistan war logs which reveal US knowledge of exact numbers of civilian deaths which contrasted the media reports in which US military claimed it did not have such knowledge.
2. Manning was very selective in what he released to Wikileaks. The prosecution’s claim that Manning was “systematically harvesting” documents does not make sense. Manning had unlimited access to documents and unlimited ability to download them. If he had been systematically harvesting information, he would have released millions of documents. Also, if Bradley was spending most of his time searching for documents to download, he would not have been getting his work done on time. Witnesses in the trial testified things such as: Pfc. Manning was the most organized analyst in his section, consistently completed his tasks in time, and was one of the most reliable analysts.
3. The government prosecutors presented no reliable evidence to support their claim that Manning is a “traitor” and disloyal to his country. The only witness the prosecution presented to support this claim is Specialist Showman who was Manning’s superior. Showman claimed on the witness stand that while she worked with Manning in Iraq, she suspected he was a spy and “disloyal” to his country. However, she also testified that she failed to write this down anywhere while she had those suspicions. She claims she went to her superior, Sergeant Adkins, five times about this incident. She said that Adkins said that he said he would “take care of it.” But there is no evidence that he wrote it down either.
4. There is no evidence that Manning knew his leaks would “aid the enemy”. This exerpt is from Nathan Fuller’s article on Coombs’ closing argument: Coombs showed how the government’s evidence went to a “negligence” argument – that Manning “should have known” that the enemy uses the Internet and therefore would find any information that WikiLeaks posted. Prosecutors used an Army report that says soldiers should “presume” the enemy visits WikiLeaks, and they argue that Manning was trained to assume the enemy would want classified information. But they also conceded that “should have known” is far too low a standard, and only “actual knowledge” is enough to convict him of aiding the enemy.
1. Bradley was an idealistic soldier who responded in action to what he saw as needless extinguishing and torturing of innocent human beings in Iraq and Afghanistan. Here is a very important quote from Manning’s chats with Adrian Lamo: Hypothetical question: If you had free reign over classified networks over a long period of time, if you saw incredible things, awful things, things that belonged in the public domain and not on some server stored in a dark room in Washington, D.C., what would you do?
Other things to reference in support of this talking point: Collateral Murder video release, Iraq and Afghanistan war logs which reveal US knowledge of exact numbers of civilian deaths which contrasted the media reports in which US military claimed it did not have such knowledge.
2. Manning was very selective in what he released to Wikileaks. The prosecution’s claim that Manning was “systematically harvesting” documents does not make sense. Manning had unlimited access to documents and unlimited ability to download them. If he had been systematically harvesting information, he would have released millions of documents. Also, if Bradley was spending most of his time searching for documents to download, he would not have been getting his work done on time. Witnesses in the trial testified things such as: Pfc. Manning was the most organized analyst in his section, consistently completed his tasks in time, and was one of the most reliable analysts.
3. The government prosecutors presented no reliable evidence to support their claim that Manning is a “traitor” and disloyal to his country. The only witness the prosecution presented to support this claim is Specialist Showman who was Manning’s superior. Showman claimed on the witness stand that while she worked with Manning in Iraq, she suspected he was a spy and “disloyal” to his country. However, she also testified that she failed to write this down anywhere while she had those suspicions. She claims she went to her superior, Sergeant Adkins, five times about this incident. She said that Adkins said that he said he would “take care of it.” But there is no evidence that he wrote it down either.
4. There is no evidence that Manning knew his leaks would “aid the enemy”. This exerpt is from Nathan Fuller’s article on Coombs’ closing argument: Coombs showed how the government’s evidence went to a “negligence” argument – that Manning “should have known” that the enemy uses the Internet and therefore would find any information that WikiLeaks posted. Prosecutors used an Army report that says soldiers should “presume” the enemy visits WikiLeaks, and they argue that Manning was trained to assume the enemy would want classified information. But they also conceded that “should have known” is far too low a standard, and only “actual knowledge” is enough to convict him of aiding the enemy.
5. There is no evidence
that Manning’s leaks caused harm to anyone.
The following was published
in January, 2011, by Reuters:
(Reuters) -
Internal U.S. government reviews have determined that a mass leak of diplomatic
cables caused only limited damage to U.S. interests abroad, despite the Obama
administration's public statements to the contrary.
A
congressional official briefed on the reviews said the administration felt
compelled to say publicly that the revelations had seriously damaged American
interests in order to bolster legal efforts to shut down theWikiLeaks website
and bring charges against the leakers.
"I think
they just want to present the toughest front they can muster," the official
said.
But State
Department officials have privately told Congress they expect overall damage to
U.S. foreign policy to be containable, said the official, one of two
congressional aides familiar with the briefings who spoke to Reuters on
condition of anonymity.
"We were
told (the impact of WikiLeaks revelations)
was embarrassing but not damaging," said the official, who attended a briefing
given in late 2010 by State Department officials.
Egypt restores feared secret police units
Military-backed government seems to
have no intent of reforming practices that characterised both Mubarak and Morsi
eras
- Patrick Kingsley in Cairo
- The Guardian, Monday 29 July 2013 15.44 EDT
Qur'ans belonging to supporters of Egypt's ousted President
Mohamed Morsi are seen in a tent at Nasr City. Photograph: Manu Brabo/AP
Egypt's interim government was accused of attempting to return the country to the Mubarak era on Monday, after the country's interior ministry announced the resurrection of several controversial police units that were nominally shut down following the country's 2011 uprising and the interim prime minister was given the power to place the country in a state of emergency.
Egypt's state security investigations service, Mabahith Amn ad-Dawla, a wing of the police force under President Mubarak, and a symbol of police oppression, was supposedly closed in March 2011 – along with several units within it that investigated Islamist groups and opposition activists. The new national security service (NSS) was established in its place.
But following Saturday's massacre of at least 83 Islamists, interior minister Mohamed Ibrahim announced the reinstatement of the units, and referred to the NSS by its old name. He added that experienced police officers sidelined in the aftermath of the 2011 revolution would be brought back into the fold.
Police brutality also went unchecked under Morsi, who regularly failed to condemn police abuses committed during his presidency. But Ibrahim's move suggests he is using the ousting of Morsi – and a corresponding upsurge in support for Egypt's police – as a smokescreen for the re-introduction of pre-2011 practices.
Ibrahim's announcement came hours before Egypt's interim prime minister was given the power to place the country in a state of emergency – a hallmark of Egypt under Mubarak.
"It's a return to the Mubarak era," said Aida Seif el-Dawla, a prominent Egyptian human rights activist, and the executive director of a group that frequently supports victims of police brutality, the Nadeem centre for rehabilitation of victims of violence and torture.
"These units committed the most atrocious human rights violations," said el-Dawla. "Incommunicado detentions, killings outside the law. Those were the [units] that managed the killing of Islamists during the 1990s. It's an ugly authority that has never been brought to justice."
Karim Ennarah, a researcher on criminal justice and policing at the Egyptian initiative for personal rights (EIPR), said the units were never disbanded. But he said that Ibrahim may be using the current support for the police as a excuse for their public rehabilitation.
"These units for monitoring political groups are not back. They never went anywhere in the first place," said Ennarah. "The only thing that happened was that they changed the name. He's trying to use a situation where the factors on the ground make it easier to re-legitimise these units and police practices."
"Basically, nothing changed at state security [in 2011] except for the name," said Heba Morayef, Egypt director at Human Rights Watch. "So what is significant is that [Ibrahim] could announce this publicly. That would have been unthinkable in 2011. This kind of monitoring of political activity was considered one of the major ills of the Mubarak era. So the fact that he has come out and said this now reflects a new confidence on behalf of the interior ministry. They feel they have been returned to their pre-2011 status."
Hatred of the police was a major cause of the 2011 revolution, while their reform was one of its implicit demands. But the police's obvious enthusiasm for Morsi's fall has helped to rehabilitate them in the eyes of many. Uniformed officers were seen carrying anti-Morsi propaganda in the run-up to his departure, while police failed to protect the offices of Morsi's Muslim Brotherhood.
Many policemen even marched against Morsi, and at some anti-Morsi rallies protesters chanted: "The police and the people are one hand."
On Friday, hundreds of thousands of Egyptians filled streets across the country to show their backing for the army and the police – after General Abdel Fatah al-Sisi, the army chief who forced Morsi from office on 3 July, asked for their backing to fight what he termed as terrorism. Ibrahim's announcement the next day hinted that he felt he had implicit public support for a crackdown on not just terrorists but religious and secular activism of all kinds.
"Our pride is back," one middle-ranking Cairo-based police officer told the Guardian, adding that state security's notorious treatment of detainees was reasonable given that, in his view, the detainees were unlikely to be innocent.
"Ninety per cent of the people I'm dealing with are guilty – so I will not deal with them nicely. I have to be tough, I have to be rough. And that's how state security behave – because 99% of the people they are dealing with are guilty.
"If you haven't done anything wrong, you have nothing to fear. The only people who should fear are the guilty ones – the ones who steal, the ones who kill, the ones who do deals with other countries. Like Morsi, who dealt with Hamas – and who wanted to sell Sinai to America," the officer added, referring to as-yet-unproven allegations that ex-president Morsi colluded with Palestinian Islamist group Hamas during the 2011 uprising.
While the police and army enjoy widespread support among the millions of Egyptians who called for Morsi's overthrow, a few Morsi opponents have refused to back the army's renewed involvement in politics, and the corresponding return to favour of the police.
A new protest movement called the Third Square has begun to assemble in a square in west Cairo – rejecting the authoritarianism of both the army and Morsi's Muslim Brotherhood, and calling for a return to the true democratic values of the 2011 revolution. "Down with the Murshid [the Brotherhood's leader], down with military rule. No to the killers in state security," chanted around 75 Third Square protesters on Sunday night.
"We are here to complete the January 2011 revolution, to break down Mubarak's system," said Mahmoud Omar, a doctor. "We need to start a new democracy in Egypt. The Brotherhood model took us away from the revolution's goals – while we already had 60 years of living under the military." Mohamed Sobhi, another protester, added: "They are two sides of the same coin."
--
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