Category Archives: Whistleblowers

A letter from Edward Snowden’s father and his lawyer, Bruce Fein, to President Obama:


 

Bruce Fein & Associates, Inc.
722 12th Street, N.W., 4th Floor
Washington, D.C. 20005
Phone: 703-963-4968
bruce@thelichfieldgroup.com

July 26, 2013
President Barack Obama
The White House
1600 Pennsylvania Avenue, N.W.
Washington, D.C. 20500

Re: Civil Disobedience, Edward J. Snowden, and the Constitution

Dear Mr. President:

You are acutely aware that the history of liberty is a history of civil disobedience to unjust laws or practices. As Edmund Burke sermonized, “All that is necessary for the triumph of evil is that good men do nothing.”

Civil disobedience is not the first, but the last option. Henry David Thoreau wrote with profound restraint in Civil Disobedience: “If the injustice is part of the necessary friction of the machine of government, let it go, let it go: perchance it will wear smooth certainly the machine will wear out. If the injustice has a spring, or a pulley, or a rope, or a crank, exclusively for itself, then perhaps you may consider whether the remedy will not be worse than the evil; but if it is of such a nature that it requires you to be the agent of injustice to another, then, I say, break the law. Let your life be a counter friction to stop the machine.”

Thoreau’s moral philosophy found expression during the Nuremburg trials in which “following orders” was rejected as a defense. Indeed, military law requires disobedience to clearly illegal orders.

A dark chapter in America’s World War II history would not have been written if the then United States Attorney General had resigned rather than participate in racist concentration camps imprisoning 120,000 Japanese American citizens and resident aliens.

Civil disobedience to the Fugitive Slave Act and Jim Crow laws provoked the end of slavery and the modern civil rights revolution.

We submit that Edward J. Snowden’s disclosures of dragnet surveillance of Americans under § 215 of the Patriot Act, § 702 of the Foreign Intelligence Surveillance Act Amendments, or otherwise were sanctioned by Thoreau’s time-honored moral philosophy and justifications for civil disobedience. Since 2005, Mr. Snowden had been employed by the intelligence community. He found himself complicit in secret, indiscriminate spying on millions of innocent citizens contrary to the spirit if not the letter of the First and Fourth Amendments and the transparency indispensable to self-government. Members of Congress entrusted with oversight remained silent or Delphic. Mr. Snowden confronted a choice between civic duty and passivity. He may have recalled the injunction of Martin Luther King, Jr.: “He who passively accepts evil is as much involved in it as he who helps to perpetrate it.” Mr. Snowden chose duty. Your administration vindictively responded with a criminal complaint alleging violations of the Espionage Act.

From the commencement of your administration, your secrecy of the National Security Agency’s Orwellian surveillance programs had frustrated a national conversation over their legality, necessity, or morality. That secrecy (combined with congressional nonfeasance) provoked Edward’s disclosures, which sparked a national conversation which you have belatedly and cynically embraced. Legislation has been introduced in both the House of Representatives and Senate to curtail or terminate the NSA’s programs, and the American people are being educated to the public policy choices at hand. A commanding majority now voice concerns over the dragnet surveillance of Americans that Edward exposed and you concealed. It seems mystifying to us that you are prosecuting Edward for accomplishing what you have said urgently needed to be done!

The right to be left alone from government snooping–the most cherished right among civilized people—is the cornerstone of liberty. Supreme Court Justice Robert Jackson served as Chief Prosecutor at Nuremburg. He came to learn of the dynamics of the Third Reich that crushed a free society, and which have lessons for the United States today.

Writing in Brinegar v. United States, Justice Jackson elaborated:
The Fourth Amendment states: “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.”

These, I protest, are not mere second-class rights but belong in the catalog of indispensable freedoms. Among deprivations of rights, none is so
effective in cowing a population, crushing the spirit of the individual and putting terror in every heart. Uncontrolled search and seizure is one of the
first and most effective weapons in the arsenal of every arbitrary government. And one need only briefly to have dwelt and worked among a people possessed of many admirable qualities but deprived of these rights to know that the human personality deteriorates and dignity and self-reliance
disappear where homes, persons and possessions are subject at any hour to unheralded search and seizure by the police.

We thus find your administration’s zeal to punish Mr. Snowden’s discharge of civic duty to protect democratic processes and to safeguard liberty to be unconscionable and indefensible.

We are also appalled at your administration’s scorn for due process, the rule of law, fairness, and the presumption of innocence as regards Edward.

On June 27, 2013, Mr. Fein wrote a letter to the Attorney General stating that Edward’s father was substantially convinced that he would return to the United States to confront the charges that have been lodged against him if three cornerstones of due process were guaranteed. The letter was not an ultimatum, but an invitation to discuss fair trial imperatives. The Attorney General has sneered at the overture with studied silence.

We thus suspect your administration wishes to avoid a trial because of constitutional doubts about application of the Espionage Act in these circumstances, and obligations to disclose to the public potentially embarrassing classified information under the Classified Information Procedures Act.

Your decision to force down a civilian airliner carrying Bolivian President Eva Morales in hopes of kidnapping Edward also does not inspire confidence that you are committed to providing him a fair trial. Neither does your refusal to remind the American people and prominent Democrats and Republicans in the House and Senate like House Speaker John Boehner, Congresswoman Nancy Pelosi, Congresswoman Michele Bachmann,and Senator Dianne Feinstein that Edward enjoys a presumption of innocence. He should not be convicted before trial. Yet Speaker Boehner has denounced Edward as a “traitor.”

Ms. Pelosi has pontificated that Edward “did violate the law in terms of releasing those documents.” Ms. Bachmann has pronounced that, “This was not the act of a patriot; this was an act of a traitor.” And Ms. Feinstein has decreed that Edward was guilty of “treason,” which is defined in Article III of the Constitution as “levying war” against the United States, “or in adhering to their enemies, giving them aid and comfort.”

You have let those quadruple affronts to due process pass unrebuked, while you have disparaged Edward as a “hacker” to cast aspersion on his motivations and talents. Have you forgotten the Supreme Court’s gospel in Berger v. United States that the interests of the government “in a criminal prosecution is not that it shall win a case, but that justice shall be done?”

We also find reprehensible your administration’s Espionage Act prosecution of Edward for disclosures indistinguishable from those which routinely find their way into the public domain via your high level appointees for partisan political advantage. Classified details of your predator drone protocols, for instance, were shared with the New York Times with impunity to bolster your national security credentials. Justice Jackson observed in Railway Express Agency, Inc. v. New York: “The framers of the Constitution knew, and we should not forget today, that there is no more effective practical guaranty against arbitrary and unreasonable government than to require that the principles of law which officials would impose upon a minority must be imposed generally.”

In light of the circumstances amplified above, we urge you to order the Attorney General to move to dismiss the outstanding criminal complaint against Edward, and to support legislation to remedy the NSA surveillance abuses he revealed. Such presidential directives would mark your finest constitutional and moral hour.

Sincerely,
Bruce Fein
Counsel for Lon Snowden
Lon Snowden

1sno-1024x743

JUDGE IN BRADLEY MANNING CASE DELIBERATES, BUT WE ALL KNOW WHAT SHE IS GOING TO SAY, REALISTICALLY


 

995460_514098495334458_1490441325_nFort Meade, MD – The United States has had, clearly, a bit of an issue with whistleblowers in recent years. The newest and biggest one, perhaps the most damaging, is still ongoing but there is still another one playing out in the courts, the saga of Bradley Manning which is rapidly coming to a conclusion.bradley mannign judge deliberates

After weeks of testimony and legal finagling, yesterday Judge Denise Lind retired to her chambers to deliberate in the remaining charges against Manning. Some of the initial crime with which he was charged Manning has pled guilty to, but others still stand and many of them are very, very serious.

Now Manning will await his fate, judge by a single person and not by a jury of his peers, this being a military court and all, which could very well result in a conviction for the 25-year old Manning. Actually, given the politically charged atmosphere of the case and there really being no other option, it’s pretty much guaranteed that he will be found guilty on all the charges, heck there’s no real reason to even bother with the deliberation, it’s going to happen.

“He’s not seeking attention. He’s saying he’s willing to accept the price. That is a whistleblower, period. That is somebody who wants to inform the American public,”said Manning’s lawyer David Coombs upon concluding his case.

Really, little of what Manning leaked mattered all that much save for a single video showing U.S. troops gunning down Reuters reporters, which was a little embarrassing. bradley mannign judge deliberates

Despite a willingness to take responsibility for his actions, it’s believed that Manning would still prefer to not go to jail for the rest of his life.

“I think it’s pretty clear what the judge’s decision is going to be since this case is what it is. I mean this is no small thing, not tiny little event that just happened to happen. Aside from the trouble that it cause, giving him release could give other people so inclined to do the same thing, and that is not something anyone wants I would think,” said Scrape TV Legal analyst Gabe Hawthorne. “This is one of those cases where the law is actually not totally relevant to the outcome, what matters is what people want and people want Manning to go to prison for a long time. Manning obviously not but he doesn’t really get a say.”

Manning has said on multiple occasions, perhaps even to the judge, that he would prefer to stay out of prison if that is possible.bradley manning judge deliberates

“It’s really a sticky situation where what is right legally is not necessarily in lock step with what people seem to want. Often that results in people getting angry, but that is unlikely here because Manning acted against the government. Perhaps if the information belonged to a young black kid if Florida he would be okay, but the U.S. government is a different animal,” continued Hawthorne. “That is really what has gotten him in the most trouble, who he went up against. A lesser agency and everything would have been fine because what he did wasn’t really that bad, but he made the government look bad and when that happens they will seek revenge, and have it most likely.”

The judge is believed to be just waiting around to announce the decision she made before the trial started

The Political Assassination of Dr. David Kelly: The Post Mortem Reports


Tony_Blair_Licence_to_Kill

Andrew Watt ended his article with the post-mortem examination being carried out by Dr Nicholas Hunt on the evening the body was found 18 July 2003.

It was the penetrating smell of Lysol, lights and stainless steel in the mortuary of the John Radcliffe Infirmary Oxford, as well as the remains of a fit husband and father.   Nine police officers were in attendance, the most senior being Detective Chief Inspector Alan Young who was in charge of the investigation.  He was at the scene on Harrowdown Hill where the unidentified body was found by Louise Holmes.  In spite of his lead position in the inquiry into a missing person, and then a suspicious death, he was neither called to the Hutton Inquiry which started sitting 13 days later, nor did he submit a statement to it (1).

There is no obvious explanation for the presence of nine police officers at this very morbid autopsy given that the police had sprayed the word ‘suicide’ about earlier that day.  The size of the squad would surely have fitted better if murder was foremost in the minds of the investigating authorities.

The examination finished just after midnight.  Dr Hunt wrote up his report of his findings at the scene and of his post mortem examination the next day, the 19th of July.  He would have come to preliminary conclusions as to the cause of death and been helped in that by the early findings of Dr Allan the toxicologist.

That first report has never been published; it was not referred to by Dr Hunt when he gave evidence at the Hutton Inquiry (2)  The only report, and that is entitled Final Post Mortem Report – 25th July 2003, was published in October 2010, by the Ministry of Justice.  The only original copy of this in existence is a very poor ‘scan’.  An OCR and tidied version of this is here (3).  That the findings in the first report have never been made public was one among three  important concerns brought by this author to the General Medical Council in 2011, established by the Medical Act of 1858. (4)  This will be discussed later but suffice to say they were dismissed.

Dr Nicholas Gardiner, HM Coroner for Oxfordshire, opened an inquest as the law demands for all violent, unnatural or unexplained deaths on the 21st July.  It is surprising that transcripts of coronial hearings are seldom made.  The hearing would have been attended by Dr Hunt, the coroner’s officer and the police.  It would have been adjourned until more evidence had flowed in.  However, it can be inferred that the cause of death had been given by Dr Hunt. (5 )

Whilst this mouse of an inquest moved ever so quietly, an elephant had been trampling the undergrowth for the three previous days, starting at Harrowdown Hill.  Within three hours of the body being found, my Lord Hutton had been engaged to chair an ad hoc inquiry, by my Lord Falconer as Dr Watt has already described.

Miles Goslett recently reported in the Mail that Hutton had confirmed in a letter to Norman Baker MP that he had been asked to meet Lord Chancellor Falconer in his Lord’s office around noon of the 18th July and that he agreed to serve.(6)  At that point the subject, David Christopher Kelly CMG DSc had not been identified and no cause of death had been established.  This fixer was a friend of Blair’s when they were in chambers studying law!  He had assisted his friend the PM in bolstering the claim that there was a legal basis for a massive bombardment and invasion of Iraq rather than it being a supreme war crime as defined at Nuremberg.

It is salutary to consider that it took six and half years for the Chilcot Inquiry into the Iraq ‘War’ to be set up in which over one million Iraqi humans died, at least two million were maimed by customary calculation and four million were made refugees in Syria and Jordan.  It took the New Labour high command, the sofa cabinet, just three hours after the death of just one man to set up Hutton with the clear intention of containing the inquiry and ensuring safe conclusions.  The instruction given to Hutton was to ‘…urgently to conduct an investigation into the circumstances

surrounding the death of Dr Kelly’.

‘Urgently’ can be interpreted as ‘nail this promptly’, ‘consider’ as ‘without especial accuracy’ and ‘circumstances’ as equalling the ‘media furore’ which obviously drove Kelly to an inevitable suicide.  It was not who the deceased was, and how, when and where he died which are the plain duties of a coroner.  It was the ‘circumstances’; and if anything showed the mind and the motives of this most evil cabal, that word is the nub.

The words of the two conversations (6) between Falconer in Westminster and his pal Blair on wing to Tokyo in the hour after noon that day have not, of course, been revealed.  That it was to do with an awkward corpse in a wood it is fair to assume.  After all, it was a central topic at the press conference in Tokyo where blood, or other medium, drained from Blair’s face with ‘Have you got blood on your hands Mr Blair’ from a Daily Mail journalist.  The obvious answer was that he had the blood of thousands upon thousands of people on his hands whereas the European only had one white man in mind at that moment.

Correspondence by Ms Albon of Falconer’s other office (he was also the Secretary of State in the Department of Constitutional Affairs – Mikado style) with the Oxfordshire coroner has a dictatorial ring to it.  It was recognised he had to reconvene his inquest in law but this mouse then had to be silent until the elephant had trumpeted the findings.  All this was engineered by the mechanism of Section 17a of the 1988 Coroner’s Act.  It had been applied for multiple deaths of common cause – Shipman, the Ladbroke rail crash and the sinking of the trawler Gaul.

It had at its root – efficiency in investigation, thoughtfulness towards loved ones and verdict as to the common cause.  There was no justification for invocation of Section 17a on top of this ad hoc inquiry other than to shackle the coroner and thus to subvert due process.  With a few ‘phone calls Falconer had made certain with this ad hoc ‘judicial’ inquiry that there would be no evidence under oath, no ability to subpoena  witnesses, no cross examination and no ability to call a jury.  The last thing he wanted was twelve good women/men and true.

The coup de grace for the mouse was this Section 17a.  There was a further hearing on the 14th of August at which an extraordinary death certificate was conjured up and registered four days later. The hearing was not publicised and again there was no transcript or reportage.  This officer of the Crown whose authority and duties stretched back to the 13th Century had been made into a small creature by power and cunning.   “The use of these powers to oustthe Coroner’s jurisdiction …” is how Frances Swaine of Leigh Day & Co put it an excellent memorandum to the Attorney General in October 2010. (7)  (Leigh Day were initially instructed by Dr Frost; they did a large amount of excellent work without charge.)

A letter that Mr Gardiner wrote 6th of August to Ms Albon includes “The preliminary cause of death given at the opening of the inquest no longer represents the view of the Pathologist and evidence from him would need to be given to correct and update the evidence already received.”

(5 – section ONE).  This was brushed aside in a letter from lawyers acting for Dr Hunt who were reacting to this long letter from the author to the GMC listing his concerns about Dr Hunt’s performance.(5)  Whether his opinion had been changed or not, there was an absolute professional and legal requirement on him to reveal his initial report with its conclusions and his train of thought.

This principle has been tested in the case of Dr Kenneth Shorrock who is currently suspended for unknown reason from the Home Office list of forensic pathologists which was last updated 15th May 2013.   This extract from (5 – section ONE) –  “He was charged with serious professional misconduct by the General Medical Council on eight counts I believe.  He had produced a second post-mortem report on a hospital patient which was indicative of negligence by the surgeon without any reference to his first report which had exonerated the surgeon.’

The surgeon was charged with manslaughter but was cleared.  He complained to the Home Office whose Scientific Standards Committee of the Policy Advisory Board opined that he had not ‘maintained the standards required’ and simply issued advice, its interest ending in July 2004.  The surgeon then complained to the General Medical Council.  Mr Vernon Coaker, Minister of State at the Home Office, said in a letter to the author 22 November 2008 “The GMC had been considering the complaint for, I believe, many months (prior to July 2005) and had, similarly, taken no steps to restrict Dr Shorrock’s practice.”

Of the greatest importance is the fact that he was called from Sheffield to examine the remains of Jean Charles de Menezes who had been shot with six hollow point bullets in the head as he sat in a ‘tube’ carriage 22nd July 2005.  Sheffield is 150 miles from London which has at least 8 forensic pathologists available.  The call to attend a headless Jean Charles was in spite of the fact that a charge of serious professional misconduct was hanging over him; the first hearing by the GMC Fitness to Practice Panel was only six weeks after the killing of Jean Charles.  There had been several adjournments of the GMC hearings of this charge which was first heard 5th of September 2005.  The nine page summary of the final hearing 19 February 2007 found him guilty of serious professional misconduct. (8 -HALPIN website)

This author wrote to five relevant authorities before the 22nd September 2008 inquest at the Oval, Kennington about this most improper instruction given to Dr Shorrock to take this case in the summer of 2005. There were no replies from any one of the five; this included the Public Solicitor to the inquiry and Justice4Jean.  Dr Shorrock’s evidence would be central at this inquest and would include the position and identity of each bullet prior to ballistic studies, and would thus indicate which weapon and which agent had injured Jean Charles beyond recognition IF the evidence had not been contaminated.  The Independent Police Complaints Commission does not have a reputation for being just but it did not take possession of the scene until 48 hours had elapsed.

The final hearing of five altogether took place on the 5th of February 2007.  The  GMC panel found him guilty of the charge of serious professional misconduct.  It found his actions “unprofessional, inconsistent, unreasonable, not based upon the medical and pathological information and likely to bring the medical profession into disrepute”.

Two professors of forensic pathology advised the panel:-

Vanezis – ‘He further stated that if a pathologist had reason to change his conclusions or opinion, an explanation should be given as to why he has deemed this necessary.’

Pounder – ‘Dr Shorrock had a duty to make reference to the existence of the first report. In addition, the second report should have given the reasons for his change of view.

Many had written in support of Dr Kenneth Shorrock.  He was simply issued with a reprimand.

The reader has two forensic pathologists in examine.

One was lecturing at the Police Staff College, Bramshill, Hampshire when he was called to a corpse on Harrowdown Hill which was all about a supreme war crime.

The other was called from Sheffield to a most high profile unlawful killing at Southwell Tube Station, London.

Should the second have been on gardening leave until the GMC had considered the serious charge against him?  Or did Jean Charles not deserve the best within our law?

Should the first not have fully revealed the first post mortem report he wrote up on Dr Kelly on the 19th of July?  It is certain there was a FIRST report and Lord Hutton referred to it in his introduction.  Were the opinions as to the causes of death different in important ways between the 19th of July and the FINAL Post Mortem Report of the 25th of July.  It is clear the Coroner thought so.  That this gross defect slipped through is typical of much that happened at Hutton.  His professional and legal duty was made completely clear later in the case of Dr Shorrock.

We move on next to the Hutton Inquiry and its many defects.

Notes

1. http://chilcotscheatingus.blogspot.co.uk/2010/11/death-of-david-kelly-operation-mason.html

2. http://webarchive.nationalarchives.gov.uk/20090128221550/http://www.the-hutton-inquiry.org.uk/content/transcripts/hearing-trans33.htm

3.http://wikispooks.com/wiki/Document:David_Kelly_Post-Mortem_Report

4.     https://en.wikipedia.org/wiki/General_Medical_Council

5.     http://dhalpin.infoaction.org.uk/23-articles/dr-david-kelly/144-letter-to-ms-c-f-floyd-investigation-officer-general-medical-council

6. http://www.dailymail.co.uk/news/article-2362659/Revealed-How-Blair-fixer-picked-judge-David-Kelly-Inquiry-just-hours-weapons-inspectors-suicide.html

7. http://www.dailymail.co.uk/news/article-1337661/David-Kelly-report.html

8. http://dhalpin.infoaction.org.uk/

via The Political Assassination of Dr. David Kelly: The Post Mortem Reports | Global Research.

Military Harasses Journalists At Bradley Manning Trial


The US government hasn’t been happy at all that there is any press coverage of the Bradley Manning trial, and seems to bend over backwards to make their lives more difficult. However, it appears that they took things to an entirely new and ridiculous level this week in actively spying on and harassing journalists covering the trial.

@carwinb, @kgosztola, @nathanLfuller, and @wikileakstruck have tweeted about armed guards standing directly behind them as they type into laptops in the designated press area, being “screamed at” for having “windows” open on their computers that show Twitter in a browser tab, and having to undergo extensive, repeated, invasive physical searches.

Even the NY Times has noted how extreme it was:

Two military police officers in camouflage fatigues and armed with holstered handguns paced behind each row there, looking over the journalists’ shoulders, which had not happened during the trial. No explanation was given.

Reading through the various tweets, the MPs were specifically trying to stop journalists from using Twitter. Kevin Gosztola was directly told not to use Twitter and was later admonished for having “a window” open on his computer. No joke. The reporters also noted that they had to go through an incredibly detailed TSA-style search before they could enter the courtroom — and that this had not happened previously in their coverage of the trial. Multiple journalists noted how “creepy” it was and how intimidating it is to have military police with guns looking over your shoulder and watching everything you do. Freedom of the press? Not at all.

In response to all of this attention, the judge apparently claims that she ordered the “extra security” because of “repeated rule violations” of rules that no one was told about. But, reading through the details, it sounds a hell of a lot more like intimidation of the press than than about any attempt to stop “rules violations.”

via Military Harasses Journalists At Bradley Manning Trial | Techdirt.

The Surveillance State Strikes Back


When former National Security Agency contractor Ed Snowden exposed the inner workings of the country’s biggest intelligence organization, he said he did so to roll back a spying apparatus that put the United States on the path to “turnkey tyranny.”

But his revelations could end up having the opposite effect. Instead of declawing a single surveillance state, Snowden’s leaks could ironically wind up enhancing government spying around the globe.

According to experts who are advising U.S. email, cloud data storage, and social media companies, executives are concerned that foreign governments — particularly ones with fewer protections for personal privacy and free speech — are already beginning to demand that U.S. tech companies relocate their servers and databases within their borders. Under normal circumstances, companies would rarely comply with those migration demands, especially if those countries have reputations for heavy-handed internal policing. But now that the United States is being seen as a global spying power, they may have little choice.

Other governments can make their relocation demands in the name of protecting citizens from the intrusive powers of the NSA. Then those regimes can use U.S. tech to make their own law enforcement and intelligence agencies more NSA-like.

“Despite Snowden’s sensational revelations, data will not be better protected outside the U.S. in countries where privacy is aspirational at best,” said Al Gidari, a lawyer with the firm Perkins Coie who represents companies on surveillance and communications law. “Data stored locally will be the fuel for corruption, abuse and repression in most of those countries, especially in those countries that are complaining the loudest about U.S. surveillance activities.”

This week, Brazil’s communications minister said that Internet service providers may now be required to store information locally following reports that NSA has spied on communications in Brazil and across Latin America.

“The ideal thing would be for these companies to keep their data in the country so it can be available should Brazil’s justice system request it,” Paulo Bernardo Silva said in an interview with a Brazilian newspaper. Silva described local control of data as a matter of national sovereignty.

Companies that provide cloud computing services are facing particular scrutiny abroad. Their business is to store large amounts of sensitive information about foreign individuals and companies on servers that are located in United States. And there is a growing perception that this infrastructure is firmly within the grip of the U.S. intelligence agencies, several experts said. That impression is not diminished when U.S. officials, attempting to mollify domestic critics, argue that the NSA is only interested in monitoring foreigners.

Over the past few years, overseas governments have increased pressure on marquee technology companies to hand over more data about their customers and to comply with official orders that would be deemed unconstitutional in the United States.

In 2011, Research In Motion, maker of the BlackBerry, gave the government of India access to its consumer and messaging services, in response to authorities’ concerns that they would not be able to monitor criminals and other threats communicating over the company’s networks. Officials had threatened to cut off access to the company’s services inside their country if RIM didn’t comply. The company ultimately agreed to allow India’s security agencies to intercept emails and other messages.

Last year, the Google executive in charge of the company’s business operations in Brazil was arrested after the company failed to comply with a government order to remove YouTube videos critical of a local mayoral candidate. Google, which owns YouTube, said it wasn’t responsible for the content that users post to the video sharing network.

It wasn’t the first time the company had run up against aggressive policing of information that would be protected under the First Amendment in the United States. In 2011, Google removed profiles from its Orkut social-networking system after a court order deemed them politically offensive. And another order told the company to take down thousands of photos from one of its sharing sites.

U.S. companies are required to abide by the surveillance laws in whatever country they operate. But under legal assistance treaties, foreign governments usually funnel their requests through official channels, and U.S. authorities deliver the requests to the American companies. That slows down the surveillance machine in those countries, and they’ve been looking for ways to speed up that process.

Brazil may prove an early test case for the Snowden blowback effect. According to a report in the Brazilian newspaper Folha, the government will present a “formal condemnation of U.S. data collection techniques” to the United Nations Human Rights Council at its next meeting on September 9, in Geneva. Brazil has apparently had little luck attracting supporters to its attempt to politically embarrass the U.S. government — only seven other countries on the 47-member commission have signed on.

But new information about NSA spying, disclosed by the director of the agency himself, may add some momentum to Brazil’s efforts. At the Aspen Security Conference, Gen. Keith Alexander tipped his hand and revealed that the NSA is obtaining a huge amount of communications traffic from cables that come ashore in Brazil.

Brazil is in the espionage business, too, of course, as are most countries. But the NSA revelations have tended to obscure the obvious hypocrisy in one nation feigning outrage that another country is spying on it. In an interview with Folha, Brazilian Defense Minister Celso Amorim acknowledged that his fellow countrymen could be spied on via their connections to foreign social networks. (The implication was those in the United States.) But he said there was no evidence that the Brazilian government was using such a scheme to monitor its own citizens.

“What is known is more about the U.S. agencies,” Celso said. “To my knowledge, nothing has come out about the Brazilian agencies. But Brazilians can be [monitored], yes. It is speculation.”

Celso added that on two occasions, he believed his communications had been monitored by the United States, including while he lived in the country as Brazil’s ambassador to the United Nations. “I was responsible for three committees on the issue of Iraq. My phone started making a very strange noise, and when the commission on Iraq ended, the noise did too. There was an obvious focus then.”

U.S. technology companies’ reputations are also taking hits in Europe. Vivane Reding, the European Union’s Justice Minister, is reviewing the Safe Harbor Framework, which is intended to support transatlantic trade while also protecting European citizens’ privacy. Redding has said the agreement could be used as a “loophole” to allow the transfer of personal data to the United States from European countries where privacy rules are stronger.

Companies based in Europe also believe that the NSA scandal could be a financial boon for them. Customers may start moving their data to facilities located in countries with stricter privacy regulations — and away from American-based firms. “There’s a perception, even if unfounded, that U.S. privacy protections are insufficient to protect the data which is stored either on U.S. soil or with U.S. companies,” Justin Freeman, the corporate counsel for cloud computing provider Rackspace, told a House committee last year.

Snowden’s revelations have cracked whatever veneer of deniability U.S. companies had that they weren’t providing foreigners’ personal data to American intelligence agencies. And considering that Congress this week put its stamp of approval on a key element of the NSA’s surveillance architecture, companies may find it harder to persuade their foreign customers that the U.S. is still a safe place to keep their information.

But there may be a way, however unlikely, for U.S. companies to repair their international standing and keep their customers’ information away from the NSA: They could move their own infrastructure overseas or become acquired by majority foreign owners.

According to a report in the Wall Street Journal, the wireless division of Verizon and T-Mobile have not been part of the spy agency’s data collection regime because they’re tied to foreign owners. Deutsche Telekom, of Germany, owns 74 percent of T-Mobile, and Vodafone Group, of the United Kingdom, owns 45 percent of Verizon Wireless in a joint-venture with its parent company.

Germany and England may seem a long way to go to relocate a business. But it could keep companies further from the long arm of the NSA.

via The Surveillance State Strikes Back – By Shane Harris | Foreign Policy.

The ‘Unnatural’ Death of Dr Kelly: The Forensic Pathology – The Subversion of Due Process Continues


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Andrew Watt ended his article with the post-mortem examination being carried out by Dr Nicholas Hunt on the evening the body was found 18 July 2003.  It was the penetrating smell of Lysol, lights and stainless steel in the mortuary of the John Radcliffe Infirmary Oxford, as well as the remains of a fit husband and father.   Nine police officers were in attendance, the most senior being Detective Chief Inspector Alan Young who was in charge of the investigation.  He was at the scene on Harrowdown Hill where the unidentified body was found by Louise Holmes.  In spite of his lead position in the inquiry into a missing person, and then a suspicious death, he was neither called to the Hutton Inquiry which started sitting 13 days later, nor did he submit a statement to it (1).  There is no obvious explanation for the presence of nine police officers at this very morbid autopsy given that the police had sprayed the word ‘suicide’ about earlier that day.  The size of the squad would surely have fitted better if murder was foremost in the minds of the investigating authorities.

The examination finished just after midnight.  Dr Hunt wrote up his report of his findings at the scene and of his post mortem examination the next day, the 19th of July.  He would have come to preliminary conclusions as to the cause of death and been helped in that by the early findings of Dr Allan the toxicologist.  That first report has never been published; it was not referred to by Dr Hunt when he gave evidence at the Hutton Inquiry (2)  The only report, and that is entitled Final Post Mortem Report – 25th July 2003, was published in October 2010, by the Ministry of Justice.  The only original copy of this in existence is a very poor ‘scan’.  An OCR and tidied version of this is here (3).  That the findings in the first report have never been made public was one among three  important concerns brought by this author to the General Medical Council in 2011, established by the Medical Act of 1858. (4)  This will be discussed later but suffice to say they were dismissed.

Dr Nicholas Gardiner, HM Coroner for Oxfordshire, opened an inquest as the law demands for all violent, unnatural or unexplained deaths on the 21st July.  It is surprising that transcripts of coronial hearings are seldom made.  The hearing would have been attended by Dr Hunt, the coroner’s officer and the police.  It would have been adjourned until more evidence had flowed in.  However, it can be inferred that the cause of death had been given by Dr Hunt. (5 )

Whilst this mouse of an inquest moved ever so quietly, an elephant had been trampling the undergrowth for the three previous days, starting at Harrowdown Hill.  Within three hours of the body being found, my Lord Hutton had been engaged to chair an ad hoc inquiry, by my Lord Falconer as Dr Watt has already described.  Miles Goslett recently reported in the Mail that Hutton had confirmed in a letter to Norman Baker MP that he had been asked to meet Lord Chancellor Falconer in his Lord’s office around noon of the 18th July and that he agreed to serve.(6)  At that point the subject, David Christopher Kelly CMG DSc had not been identified and no cause of death had been established.  This fixer was a friend of Blair’s when they were in chambers studying law!  He had assisted his friend the PM in bolstering the claim that there was a legal basis for a massive bombardment and invasion of Iraq rather than it being a supreme war crime as defined at Nuremberg.

It is salutary to consider that it took six and half years for the Chilcot Inquiry into the Iraq ‘War’ to be set up in which over one million Iraqi humans died, at least two million were maimed by customary calculation and four million were made refugees in Syria and Jordan.  It took the New Labour high command, the sofa cabinet, just three hours after the death of just one man to set up Hutton with the clear intention of containing the inquiry and ensuring safe conclusions.  The instruction given to Hutton was to ‘…urgently to conduct an investigation into the circumstances surrounding the death of Dr Kelly’.  ‘Urgently’ can be interpreted as ‘nail this promptly’, ‘consider’ as ‘without especial accuracy’ and ‘circumstances’ as equalling the ‘media furore’ which obviously drove Kelly to an inevitable suicide.  It was not who the deceased was, and how, when and where he died which are the plain duties of a coroner.  It was the ‘circumstances’; and if anything showed the mind and the motives of this most evil cabal, that word is the nub.

The words of the two conversations (6) between Falconer in Westminster and his pal Blair on wing to Tokyo in the hour after noon that day have not, of course, been revealed.  That it was to do with an awkward corpse in a wood it is fair to assume.  After all, it was a central topic at the press conference in Tokyo where blood, or other medium, drained from Blair’s face with ‘Have you got blood on your hands Mr Blair’ from a Daily Mail journalist.  The obvious answer was that he had the blood of thousands upon thousands of people on his hands whereas the European only had one white man in mind at that moment.

Correspondence by Ms Albon of Falconer’s other office (he was also the Secretary of State in the Department of Constitutional Affairs – Mikado style) with the Oxfordshire coroner has a dictatorial ring to it.  It was recognised he had to reconvene his inquest in law but this mouse then had to be silent until the elephant had trumpeted the findings.  All this was engineered by the mechanism of Section 17a of the 1988 Coroner’s Act.  It had been applied for multiple deaths of common cause – Shipman, the Ladbroke rail crash and the sinking of the trawler Gaul.  It had at its root – efficiency in investigation, thoughtfulness towards loved ones and verdict as to the common cause.  There was no justification for invocation of Section 17a on top of this ad hoc inquiry other than to shackle the coroner and thus to subvert due process.  With a few ‘phone calls Falconer had made certain with this ad hoc ‘judicial’ inquiry that there would be no evidence under oath, no ability to subpoena  witnesses, no cross examination and no ability to call a jury.  The last thing he wanted was twelve good women/men and true.

The coup de grace for the mouse was this Section 17a.  There was a further hearing on the 14th of August at which an extraordinary death certificate was conjured up and registered four days later. The hearing was not publicised and again there was no transcript or reportage.  This officer of the Crown whose authority and duties stretched back to the 13th Century had been made into a small creature by power and cunning.   “The use of these powers to oust the Coroner’s jurisdiction …” is how Frances Swaine of Leigh Day & Co put it an excellent memorandum to the Attorney General in October 2010. (7)  (Leigh Day were initially instructed by Dr Frost; they did a large amount of excellent work without charge.)

A letter that Mr Gardiner wrote 6th of August to Ms Albon includes “The preliminary cause of death given at the opening of the inquest no longer represents the view of the Pathologist and evidence from him would need to be given to correct and update the evidence already received.”

(5 – section ONE).  This was brushed aside in a letter from lawyers acting for Dr Hunt who were reacting to this long letter from the author to the GMC listing his concerns about Dr Hunt’s performance.(5)  Whether his opinion had been changed or not, there was an absolute professional and legal requirement on him to reveal his initial report with its conclusions and his train of thought.

This principle has been tested in the case of Dr Kenneth Shorrock who is currently suspended for unknown reason from the Home Office list of forensic pathologists which was last updated 15th May 2013.   This extract from (5 – section ONE) –  “He was charged with serious professional misconduct by the General Medical Council on eight counts I believe.  He had produced a second post-mortem report on a hospital patient which was indicative of negligence by the surgeon without any reference to his first report which had exonerated the surgeon.’

The surgeon was charged with manslaughter but was cleared.  He complained to the Home Office whose Scientific Standards Committee of the Policy Advisory Board opined that he had not ‘maintained the standards required’ and simply issued advice, its interest ending in July 2004.  The surgeon then complained to the General Medical Council.  Mr Vernon Coaker, Minister of State at the Home Office, said in a letter to the author 22 November 2008 “The GMC had been considering the complaint for, I believe, many months (prior to July 2005) and had, similarly, taken no steps to restrict Dr Shorrock’s practice.”

Of the greatest importance is the fact that he was called from Sheffield to examine the remains of Jean Charles de Menezes who had been shot with six hollow point bullets in the head as he sat in a ‘tube’ carriage 22nd July 2005.  Sheffield is 150 miles from London which has at least 8 forensic pathologists available.  The call to attend a headless Jean Charles was in spite of the fact that a charge of serious professional misconduct was hanging over him; the first hearing by the GMC Fitness to Practice Panel was only six weeks after the killing of Jean Charles.  There had been several adjournments of the GMC hearings of this charge which was first heard 5th of September 2005.  The nine page summary of the final hearing 19 February 2007 found him guilty of serious professional misconduct. (8 -HALPIN website)

This author wrote to five relevant authorities before the 22nd September 2008 inquest at the Oval, Kennington about this most improper instruction given to Dr Shorrock to take this case in the summer of 2005. There were no replies from any one of the five; this included the Public Solicitor to the inquiry and Justice4Jean.  Dr Shorrock’s evidence would be central at this inquest and would include the position and identity of each bullet prior to ballistic studies, and would thus indicate which weapon and which agent had injured Jean Charles beyond recognition IF the evidence had not been contaminated.  The Independent Police Complaints Commission does not have a reputation for being just but it did not take possession of the scene until 48 hours had elapsed.

The final hearing of five altogether took place on the 5th of February 2007.  The  GMC panel found him guilty of the charge of serious professional misconduct.  It found his actions “unprofessional, inconsistent, unreasonable, not based upon the medical and pathological information and likely to bring the medical profession into disrepute”.

Two professors of forensic pathology advised the panel:-

Vanezis – ‘He further stated that if a pathologist had reason to change his conclusions or opinion, an explanation should be given as to why he has deemed this necessary.’

Pounder – ‘ Dr Shorrock had a duty to make reference to the existence of the first report. In addition, the second report should have given the reasons for his change of view.

Many had written in support of Dr Kenneth Shorrock.  He was simply issued with a reprimand.

The reader has two forensic pathologists in examine.

One was lecturing at the Police Staff College, Bramshill, Hampshire when he was called to a corpse on Harrowdown Hill which was all about a supreme war crime.

The other was called from Sheffield to a most high profile unlawful killing at Southwell Tube Station, London.

Should the second have been on gardening leave until the GMC had considered the serious charge against him?  Or did Jean Charles not deserve the best within our law?

Should the first not have fully revealed the first post mortem report he wrote up on Dr Kelly on the 19th of July?  It is certain there was a FIRST report and Lord Hutton referred to it in his introduction.  Were the opinions as to the causes of death different in important ways between the 19th of July and the FINAL Post Mortem Report of the 25th of July.  It is clear the Coroner thought so.  That this gross defect slipped through is typical of much that happened at Hutton.  His professional and legal duty was made completely clear later in the case of Dr Shorrock.

We move on next to the Hutton Inquiry and its many defects.

Notes

http://chilcotscheatingus.blogspot.co.uk/2010/11/death-of-david-kelly-operation-mason.html

http://webarchive.nationalarchives.gov.uk/20090128221550/, http://www.the-hutton-inquiry.org.uk/content/transcripts/hearing-trans33.htm

http://wikispooks.com/wiki/Document:David_Kelly_Post-Mortem_Report

https://en.wikipedia.org/wiki/General_Medical_Council

http://dhalpin.infoaction.org.uk/23-articles/dr-david-kelly/144-letter-to-ms-c-f-floyd-investigation-officer-general-medical-council

http://www.dailymail.co.uk/news/article-2362659/Revealed-How-Blair-fixer-picked-judge-David-Kelly-Inquiry-just-hours-weapons-inspectors-suicide.html

http://www.dailymail.co.uk/news/article-1337661/David-Kelly-report.html

http://dhalpin.infoaction.org.uk/23-articles/dr-david-kelly/146-s

via The ‘Unnatural’ Death of Dr Kelly: The Forensic Pathology – The Subversion of Due Process Continues | Global Research.

Pfc. Bradley Manning’s Trial Comes To An End As The Government Alleges He ‘Aided The Enemy’


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While the world has become fixated on the NSA’s domestic and foreign surveillance activities in the past months, the trial of Private First Class Bradley Manning is coming to a close. Concluding arguments were heard today. The government, as BoingBoing notes, is trying to convict Manning using the Espionage Act, and slap him with the charge of ‘aiding the enemy.’ Manning has plead guilty to “lesser” charges.

We in technology must pay attention to those willing to leak from the government, given that such information has played a key role in the shaping of public opinion regarding piracy and privacy among other issues. The Snowden effect is material, and critical.

Firedoglake has done a masterful job of not only reporting on the case, but also live-blogging as much as possible.

The government alleges that Manning leaked not out of a desire to spread knowledge of government and military misdeed, but instead out of a lust for fame. His pride, it was asserted, was proven because the government produced a picture of a smiling Manning. Hard evidence, certainly.

At the same time, as Nathan Fuller pointed out, “Govt repeating over & over #Manning was obsessed about his own fame, craved notoriety. At same time arguing further he kept identity hidden.” If you can untangle the logic behind that argument, you are a better person than I.

Regarding the Collateral Murder video that showed needless civilian deaths, the government, according to Firedoglake merely stated that the clip contained “actions and experiences of service members conducting a wartime mission.” The government put a price on the “worth” of the Afghanistan and Iraq Logs that Wikileaks released to the public at $1.3 million and $1.9 million, respectively.

The idea of prosecuting Manning for “aiding the enemy” is worrisome, as it is an around-the-side charge: Manning provided information to the enemy because he gave it to a journalistic organization that published it, allowing the “enemy” to read it; this would make all leakers and whistle blowers potentially legally damnable on the same charge. If we set that precedent, investigative journalism will take a body blow.

From a pure journalism perspective, current treatment of reporters inside the courtroom would be laughable if it weren’t so blatantly intimidatory. I quote, to preserve the original voice, Alexa O’Brien:

Journalists sending me emails telling me soldier stationed right behind me with a gun.  I tell you, OVER THE TOP JUDGE LIND #Manning

And, for taste, Kevin Gosztola:

Armed military police officer leans over my shoulder & informs me not to have browser windows open during court proceedings #Manning

So, we aren’t being fed what could be called a full dish of the proceedings, because armed folks are telling people to knock it the hell off. We can disagree all evening about the guilt of Mannning, and the efficacy of leaks to the national discourse, and their potential denigration of our national security, but at least we can agree that threatening the press with soldiers isn’t in the best of taste.

When the verdict is given, we’ll update this post and bring you the news. That is, if the government allows the press to report it.

via Pfc. Bradley Manning’s Trial Comes To An End As The Government Alleges He ‘Aided The Enemy’ | TechCrunch.

Assange Seeks Seat in the Australian Senate


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SYDNEY, AustraliaJulian Assange, the founder of WikiLeaks, formally inaugurated a new political party bearing the name of his antisecrecy organization on Thursday and declared his own unorthodox candidacy for a seat in the Australian Senate in national elections to be held later this year.

In a telephone interview, Mr. Assange said he had every confidence in his ability to run a campaign from the Ecuadorean Embassy in London. He has been living under asylum there for more than a year to avoid being extradited to Sweden, where he is wanted for questioning on sexual assault accusations.

“It’s not unlike running the WikiLeaks organization,” he said. “We have people on every continent. We have to deal with over a dozen legal cases at once.”

“However, it’s nice to be politically engaged in my home country,” he added.

Mr. Assange, 42, an Australian computer hacker who rose to prominence as an evangelist for radical government transparency and a critic of United States foreign policy, is a deeply polarizing figure. Many believe that the WikiLeaks Party is simply a vanity project for Mr. Assange, although several polls conducted since plans to establish the party emerged earlier this year suggest that it could fare better than expected.

The Australian Senate has a long history of successful protest candidates, John Wanna, a political-science professor at Australian National University in Canberra, said in an interview. Mr. Assange is probably hoping to trade on his name recognition and follow in the footsteps of other rabble-rousing, single-issue senators, Professor Wanna said.

“He’s basically a nuisance candidate who may attract a bit of attention, because he’s not really about governing and sitting in Parliament,” he said. “He’s not standing to do the work, he’s standing for the nuisance value.”

If elected, Mr. Assange said, his party will work to advance “transparency, justice and accountability.”

“My plans are to essentially parachute in a crack troop of investigative journalists into the Senate and to do what we have done with WikiLeaks, in holding banks and government and intelligence agencies to account,” Mr. Assange said.

Supporters of Mr. Assange laud him as a hero for what they see as his dogged pursuit of government transparency, but prominent critics have described his releasing of classified information as a reckless act.

Mr. Assange is perhaps best known for WikiLeaks’ 2010 release of a huge trove of American diplomatic cables. His supporters maintain that the United States and its allies have fabricated the sexual assault case against him in Sweden to hamper his ability to release further classified materials and to punish him for those already released.

Under Australian law, Mr. Assange would have to take his seat within one year of being elected, although the Senate could technically grant him an extension if he is unable to physically take his seat. The British government has stated its intention to arrest him if he leaves the embassy in London.

Although he is best known for his views on international affairs, Mr. Assange was eager on Thursday to offer WikiLeaks’ position on the most contentious issue in contemporary Australian politics: the record number of people trying to reach Australia each year in rickety boats to claim political asylum.

Mr. Assange assailed a tough policy announced last week by Prime Minister Kevin Rudd, under which all asylum seekers arriving in Australia by boat are to be sent to refugee-processing centers in Papua New Guinea.

He compared his own situation, and that of Edward J. Snowden — the former National Security Agency contractor who leaked documents about American surveillance programs — with the plight of those trying to reach Australia by boat.

“I am a political asylum seeker, awarded political asylum by the Ecuadorean government, and another state, the United Kingdom, and other states are interfering with that,” he said.

via Assange Seeks Seat in the Australian Senate – NYTimes.com.

Bradley Manning on Trial


If Manning is ever released, he will re-enter a world ready to embrace him, advanced with the understanding to recognize his greatness.

Mark Wilson, Getty Images)

Zoom in on an aerial image of the Fort Meade military base and you will see miles of sprawling green fields and parking lots separating homes and administrative buildings. From that vantage point the magistrate court looks about the size of a Mack Truck. History is being made in that little building, the court martial of Pfc. Bradley Manning is being held there.

Two weeks ago, in the swampy heat, I stood outside that single-floor courthouse. A crowd of about twenty-five of us were gathered in a narrow paved area between trailers for restrooms, crowd overflow, and the security check-in. There was a man near the entrance that had to be in his eighties. I overheard him interrupt a conversation to ask, “What’s an e-reader?” A white haired woman told him it is a thin device that holds loads of books as digital files. He paused, perhaps to consider how the contents of his personal library might be encoded to fit inside something not much bigger than a calculator. I looked around again. Maybe a third of the people attending the trial as spectators could remember the bombing of Pearl Harbor as clearly as 9-11. And quite a number more looked like retired boomers. Has AARP thrown its weight behind hacktivist causes? Were they cypherpunks in elaborate disguise?

I started talking with a retired woman who drove down from Pennsylvania. I asked how she felt about the prosecution’s depiction of WikiLeaks as a terrorist abettor. “Well, I’m not as concerned with that,” she said. “I’m here because they were torturing that kid.”

I was there because they were torturing that kid.

Last winter, I read a tweet from the Guardian‘s Ed Pilkington quoting Manning’s testimony in the pre-trial hearing. I shut my phone off and stared out the window — a tiny privilege that Manning had for so long been denied:

“BRADLEY MANNING: ‘You could see the reflection of the reflection of the skylight if you angled your face on the cell door’ – Quantico” — @Edpilkington

From then on, I found myself often thinking about Manning straining to see a “reflection of the reflection” while locked away at the brig. And for what? For exposing criminality and corruption on a worldwide structural level when no one else dared. But in the courtroom, Manning looks so earnest. He appears confident, not frail. You can see in him a glimmer of the “bradass87″ that once wrote to a friend that he would like to be like his idols, “richard feynman, carl sagan, harvey milk, etc.”

The enormity of his actions sits in contrast with the work-a-day procedure of the court martial. But that is Washington for you, a city where you might meet diplomats with sweat stains under the arms of their dress shirts and stateswomen in fraying stockings. Power appears unexpectedly accessible and deceivingly provincial. The prosecutors — representing the US government — seem guided less by iron fist than egregious technical illiteracy. The people who tortured Bradley Manning do not have horns. And that makes it all much worse.

Earlier that day, I left my phone in a friend’s glove compartment and handed my umbrella to a soldier as another searched my bag in the security trailer. Anyone can walk in and observe the proceedings. It is a short train ride from Union Station and the Bradley Manning Support Network arranges pickups, but too few people are taking advantage of this opportunity. On a panel at Left Forum, Jessalyn Radack, the attorney who represented NSA whistleblower Thomas Drake, said that some days there were only six spectators. Nearing a verdict now, the courtroom is typically full, but the overflow trailer still has plenty of room. It makes a difference. They announce court attendance every morning.

How many people even know the trial is happening? Manning was held for three years without a trial. That is plenty of time for the public to mistakenly assume there was already a court decision and sentencing. And why did they try this case at all? Manning already pled guilty to 10 charges and faces up to 20 years. The remaining charges are bizarrely exaggerated. Using flimsy circumstantial evidence, the government is trying to argue that publishing documents on the internet assists terrorists. And for that they could lock him away for life.

The prosecution insists they would have pressed the same charges if Manning had gone to the New York Times instead of WikiLeaks. Daniel Ellsberg did go to the New York Times, which published excerpts of the Pentagon Papers in 1971. Before his case was thrown out as a mistrial, he faced a sentence of up to 115 years under the Espionage Act of 1917. “Everything that Richard Nixon did to me, for which he faced impeachment and prosecution, which led to his resignation, is now legal under the Patriot Act, the FISA [Foreign Intelligence Surveillance Act] amendment act, the National Defense Authorization Act,” Ellsberg told Chris Hedges in an interview. Now Manning is accused not only of espionage, but “aiding the enemy,” essentially because some WikiLeaks files were on Osama bin Laden’s computer.

The prosecutors are in their early 30s — nominally “digital natives” — and should know better. “Do you know what Wget is?” they interrogate a witness, as if it is malicious spyware and not an everyday command line program. The government is capitalizing on asymmetric tech literacy and the failure of language when old laws are applied to the internet. At the peak of this absurdity: WikiLeaks cables are still formally classified, so despite being readily available to anyone with internet, closed sessions are required to discuss them.

Perhaps you heard the audio of Bradley Manning’s court statement earlier this year. That was leaked. No other recordings or visuals have come out of the trial, with the exception of courtroom sketches. Now imagine if there were a livestream. And imagine if everyone had tuned in to watch Yochai Benkler’s gripping expert witness testimony on July 10th. He argued on behalf of the decentralization of media in the digital age, the blurred lines between activist and journalist, and that WikiLeaks was “providing a discrete but critical component of what in the past was always integrated in a single organization.” He explained in clear language what everyone of a certain generation knows intuitively about the internet. Afterward, in the restroom, I overheard two old ladies say they plan to read his book, The Wealth of Networks.

Why did the prosecution ramp up charges against Manning? “Aiding the enemy” might have resulted in the death penalty. The answer came from Benkler under cross-examination. Summarizing an article he wrote, he explained in court, “it’s very hard to suppress information once it’s on WikiLeaks and that the core target needs to be on trust as the center of gravity. In other words, to undermine the concept that WikiLeaks is a place where a leaker can go and trust that they won’t be revealed. So in order to prevent this distributed leaking, it’s necessary to increase the fear, as it were, or the constraint on potential leakers.”

In Ellsberg’s time, the labor involved was its own risk and deterrent. Over the course of a year, he went out with a suitcase to Xerox page after page of the Pentagon Papers (with a piece of cardboard pressed against the glass to edit out the “Top Secret” stamps.) Manning’s cover was a rewritable CD marked “Lady Gaga.” He downloaded the files while listening to “Telephone.” He was tortured and he risks life imprisonment, because leaking is now so easy.

If you grow up knowing an entire library can fit inside a device in the palm of your hand, those 250,000 diplomatic cables and 500,000 army reports do not seem like an enormous bounty. What looks like “harvesting” to one generation, might seem like the obvious way to gather data to the next.

The witness for the defense who has stayed in my mind is Lauren McNamara. She read from a series of AOL chats with Manning in 2009. She was called in to defend his character and demonstrate he was in good spirits in the months leading up to the cable leaks. McNamara — who goes by Zinnia Jones in online videos and blogs — is transgender. It is possible some people in the courtroom had never met someone who is trans* — or think they haven’t. McNamara would smash any retrograde assumptions. She’s confident and witty. There is nothing strange about her gender identity. She is a woman. Manning might be too. McNamara wrote for the Hufington Post, “when I talked with people who are in close contact with Manning, they all told me he currently identifies as male.” Coombes and the Bradley Manning Support Network also say he prefers to be addressed as Bradley. Manning might be female presenting as male, Manning might be non-binary; that’s for Manning to say.

Manning was tortured in part because he signed a few letters from the brig as “Breanna Elizabeth.” Marine Corps Master Sgt. Craig Blenis defended his cruelty in a December pre-trial hearing. Coombs asked why the marine thought Manning’s gender dysphoria should factor into his “prevention of Injury” status. Blenis answered because “that’s not normal, sir.”

But it is normal. Manning’s gender identity is as normal as his computer use. Using Wget, believing WikiLeaks to be a reputable news source in 2010, listening to Lady Gaga, identifying as a gender different from your assigned sex— this is all normal. It just might take another generation to see this. What is out of the ordinary about Pfc Bradley Manning is his extraordinary courage. If Manning is ever released, he will re-enter a world ready to embrace him, advanced with the understanding to recognize his greatness.

– See more at: http://jacobinmag.com/2013/07/bradley-manning-on-trial/#sthash.AfxiatzT.dpuf

via Bradley Manning on Trial | Jacobin.

Role Reversal: How the US Became the USSR


I spent the summer of 1961 behind the Iron Curtain. I was part of the USUSSR student exchange program. It was the second year of the program that operated under auspices of the US Department of State. Our return to the West via train through East Germany was interrupted by the construction of the Berlin Wall. We were sent back to Poland. The East German rail tracks were occupied with Soviet troop and tank trains as the Red Army concentrated in East Germany to face down any Western interference.

Fortunately, in those days there were no neoconservatives. Washington had not grown the hubris it so well displays in the 21st century. The wall was built and war was avoided. The wall backfired on the Soviets. Both JFK and Ronald Reagan used it to good propaganda effect.

In those days America stood for freedom, and the Soviet Union for oppression. Much of this impression was created by Western propaganda, but there was some semblance to the truth in the image. The communists had a Julian Assange and an Edward Snowden of their own. His name was Cardinal Jozef Mindszenty, the leader of the Hungarian Catholic Church.

Mindszenty opposed tyranny. For his efforts he was imprisoned by the Nazis. Communists also regarded him as an undesirable, and he was tortured and given a life sentence in 1949.

Freed by the short-lived Hungarian Revolution in 1956, Mindszenty reached the American Embassy in Budapest and was granted political asylum by Washington. However, the communists would not give him the free passage that asylum presumes, and Mindszenty lived in the US Embassy for 15 years — 79% of his remaining life.

In the 21st century roles have reversed. Today it is Washington that is enamored of tyranny. On Washington’s orders, the UK will not permit Julian Assange free passage to Ecuador, where he has been granted asylum. Like Cardinal Mindszenty, Assange is stuck in the Ecuadoran Embassy in London.

Washington will not permit its European vassal states to allow overflights of airliners carrying Edward Snowden to any of the countries that have offered Snowden asylum. Snowden is stuck in the Moscow airport.

In Washington politicians of both parties demand that Snowden be captured and executed. Politicians demand that Russia be punished for not violating international law, seizing Snowden, and turning him over to Washington to be tortured and executed, despite the fact that Washington has no extradition treaty with Russia.

Snowden did United States citizens a great service. He told us that despite constitutional prohibition, Washington had implemented a universal spy system intercepting every communication of every American and much of the rest of the world. Special facilities are built in which to store these communications.

In other words, Snowden did what Americans are supposed to do — disclose government crimes against the Constitution and against citizens. Without a free press there is nothing but the government’s lies. In order to protect its lies from exposure, Washington intends to exterminate all truth tellers.

The Obama Regime is the most oppressive regime ever in its prosecution of protected whistleblowers. Whistleblowers are protected by law, but the Obama Regime insists that whistleblowers are not really whistleblowers. Instead, the Obama Regime defines whistleblowers as spies, traitors, and foreign agents. Congress, the media, and the faux judiciary echo the executive branch propaganda that whistleblowers are a threat to America. It is not the government that is violating and raping the US Constitution that is a threat. It is the whistleblowers who inform us of the rape who are the threat.

The Obama Regime has destroyed press freedom. A lackey federal appeals court has ruled that NY Times reporter James Risen must testify in the trial of a CIA officer charged with providing Risen with information about CIA plots against Iran. The ruling of this fascist court destroys confidentiality and is intended to end all leaks of the government’s crimes to media.

What Americans have learned in the 21st century is that the US government lies about everything and breaks every law. Without whistleblowers, Americans will remain in the dark as “their” government enserfs them, destroying every liberty, and impoverishes them with endless wars for Washington’s and Wall Street’s hegemony.

Snowden harmed no one except the liars and traitors in the US government. Contrast Washington’s animosity against Snowden with the pardon that Bush gave to Dick Cheney aide, Libby, who took the fall for his boss for blowing the cover, a felony, on a covert CIA operative, the spouse of a former government official who exposed the Bush/Cheney/neocon lies about Iraqi weapons of mass destruction.

Whatever serves the tiny clique that rules america is legal; whatever exposes the criminals is illegal.

That’s all there is to it.

http://www.paulcraigroberts.org/

Dr. Roberts was Assistant Secretary of the US Treasury for Economic Policy in the Reagan Administration. He was associate editor and columnist with the Wall Street Journal, columnist for Business Week and the Scripps Howard News Service. He is a contributing editor to Gerald Celente’s Trends Journal. He has had numerous university appointments. His latest book, The Failure of Laissez Faire Capitalism and Economic Dissolution of the West is available here:  http://www.amazon.com/Failure-Capitalism-Economic-Dissolution-ebook/dp/B00BLPJNWE/ref=sr_1_17?ie=UTF8&qid=1362095594&sr=8-17&keywords=paul+craig+roberts

via OpEdNews – Article: Role Reversal: How the US Became the USSR.

Snowden Gets Whistleblower Award in Germany


Fugitive US intelligence leaker Edward Snowden has become the winner of this year’s Whistleblower Award established by German human rights organizations, the German branch of Transparency International said in a statement.

“This year’s winner of the Whistleblower Award is Edward Snowden,” the statement posted on TI Germany website on Monday said.

The award, established in 1999, is sponsored by the Association of German Scientists (VDW) and the German branch of the International Association of Lawyers Against Nuclear Arms (IALANA).

A VDW spokesperson told RIA Novosti on Monday that the award money, amounting to 3,000 euros, would be passed to Snowden through his representatives – either a lawyer or a “friendly” organization.

Snowden, who faces prosecution in the United States for leaking highly sensitive classified data about the US National Security Agency’s surveillance activities, submitted a request for temporary asylum in Russia last week, having been holed up in the transit zone of a Moscow airport since arriving from Hong Kong on June 23.

He is still waiting for a decision by the Russian migration authorities.

Washington has repeatedly called on Moscow to reject Snowden’s request for asylum and send him back to the United States to stand trial on charges of espionage and theft.

via Snowden Gets Whistleblower Award in Germany | World | RIA Novosti.

Post-Snowden, time for journalists to get smart


Let’s be clear: Everything journalists do in the digital world is open to scrutiny by suspicious minds because that’s the way intelligence agencies work. If state eavesdroppers didn’t make use of this amazing opportunity they wouldn’t be very good at their job.

Edward Snowden’s revelations about the U.S. National Security Agency‘s global monitoring should not come as a big surprise. U.S. agencies have the technology, the will, and some very loosely written laws that allow them to snoop with impunity. It was just a matter of time before someone stood up and blew the whistle.

What Snowden has told us should serve as a wake-up call for everybody in the news business because a journalist who cannot offer confidentiality is compromised, and fewer sources will trust us in the future. But the Internet has come a long way in recent years. The development of security tools, almost all of which are built by activist volunteers, can make the digital world a far safer place for journalists to operate. In this regard, journalists can learn from others who–for different reasons–have learned how to evade electronic surveillance, as I explain in my new guide, “Deep Web for Journalists,” a project supported by the International Federation of Journalists.

Here’s why you should care. Start researching sensitive subjects or visiting extremist websites, and a tracking device could be planted to follow your computer’s activities around the Internet. The tracking technology may involve an algorithm that could misconstrue your browsing activities and set off alarms inside intelligence agencies. And if these agencies become interested in you, they have the ability to monitor your online activities and read your emails. They can see who your contacts are and they can monitor them, too. Once they sink their claws in they may never let go.

All journalists are potential targets. We have contact with politicians and activists, we have our finger on the pulse and we are capable of causing all kinds of trouble, both to governments and to corporations. The key is to not draw attention in the first place, to understand how agencies operate and then figure out multiple ways to circumvent them because you cannot rely on any single security application or piece of technology.

In the final scene of the Hollywood film, “Raiders of the Lost Ark,” the Ark of the Covenant is hidden inside one crate placed among a humongous warehouse full of identical crates. The scene helps illustrate an operating principle for journalist. Simply put, if intelligence agencies do not know where to look for information they are less likely to ever find yours.

It may surprise some people to learn that there is in fact another Internet, a parallel and vast digital universe much like the one we know but that is populated by very different users. The Deep Web, as it is also known, involves hidden networks allowing people to secretly connect with each other within the broader Internet.

One way to find the Deep Web is through the Hidden Wiki. Its hidden networks are accessed via specifically configured web browsers that route users through different servers, often in different nations, to make it all but impossible for anyone to track the original location or Internet Service Provider address where someone is physically accessing the Internet including the Deep Web.

The most widely used such network is Tor, a respectable tool built by Internet freedom volunteers that is open to use by human rights activists, and also to abuse by criminal syndicates, predators, terrorists and others.

To enter Tor, you must first install the Tor/Firefox web browser to divert your traffic through a worldwide volunteer network of servers. This conceals your location and your activities, effectively hiding you among all the other users. Tor works by encrypting and re-encrypting data multiple times as it passes through successive relays. This way the data cannot be unscrambled in transit. (Tor is so effective, in fact, that many intelligence agencies now use it for their own secure communications.)

Now add to this a range of security tools and you can use Tor to access the conventional Internet without ever drawing attention. Rather like spies in a James Bond movie, journalists have an array of digital weapons to call upon to ensure that their research, correspondence, notes and contacts are secure. Learning the concepts and tools can take time, but you can access banned websites. You can continue tweeting when the authorities take down Twitter locally. You can scramble calls or send emails and messages that cannot be intercepted or read. You can pass on and store documents away from prying eyes. You might even hide news footage of a massacre inside a Beatles track on your iPod or smartphone while you slip across the border.

The Internet has evolved and so has its counter-surveillance tools. Now we must get smart and learn how to use them. We must safeguard our devices from intruders; we should take care that our smartphones are not used as tracking and listening devices. We need to learn how to stay beneath the radar.

Alan Pearce is a journalist who has reported for outlets including Time, The Sunday Times, Sky News, and the BBC. He is the author of the ebook “Deep Web for Journalists: Comms, Counter-surveillance, Search,” supported by the International Federal of Journalists.

via Post-Snowden, time for journalists to get smart – Journalist Security – Committee to Protect Journalists.

Tippity Tappin Away in the Coffee Shop

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The world is everything that is the case. --- Ludwig Wittgenstein.

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