Posts Tagged ‘violations’

Former large monitoring base of US intelligence organization NSA in Bad Aibling

But I thought it was just “metadata?”

Reuters:

“In another instance, a U.S. government-employed foreign woman suspected an NSA civilian employee, who was her lover, of listening to her phone calls. An investigation found the man abused NSA databases from 1998 to 2003 to snoop on nine phone numbers of foreign women and twice collected communications of an American.”

Reuters avoids the obvious, that the NSA commanders continue to lie openly about the capabilities of their clowns.  Why did an “NSA civilian employee” have this power in the first place?  Just like Edward Snowden, and Edward Snowden has revealed, this illegal system is operational and unconstitutional.

 

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This needs to turn around.  Either you believe in the Constitutional Bill of Rights and a free society … or you don’t.

 


 

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

2011-03-01-ObamaIrish2012

I love the Irish.

http://www.youtube.com/watch?feature=player_embedded&v=QIMucHfUMyg

Adrienne+Kinne+2009+Winter+TCA+Tour+Day+2+CTuapqqshcoxAdrienne Kinne

James Bamford teslls of a similar whistleblower inside NSA.  And of course William Binney is another.

“[B] also wrote about Adrienne J. Kinne, an NSA intercept operator who attempted to blow the whistle on the NSA’s illegal eavesdropping on Americans following the 9/11 attacks. “Basically all rules were thrown out the window,” she said, “and they would use any excuse to justify a waiver to spy on Americans.” Even journalists calling home from overseas were included. “A lot of time you could tell they were calling their families,” she says, “incredibly intimate, personal conversations.” She only told her story to me after attempting, and failing, to end the illegal activity with appeals all the way up the chain of command to Major General Keith Alexander, head of the Army’s Intelligence and Security Command at the time.

Connecting the Dots on PRISM, Phone Surveillance, and the NSA’s Massive Spy Center

NSA Whistleblower William Binney

NSA_eagle
Dear Senator Feinstein:

On Thursday, when you responded to news about massive ongoing surveillance of phone records of people in the United States, you slipped past the meaning of the Fourth Amendment. As the chair of the Senate Intelligence Committee, you seem to be in the habit of treating the Bill of Rights as merely advisory.

The Constitution doesn’t get any better than this: “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.”

The greatness of the Fourth Amendment explains why so many Americans took it to heart in civics class, and why so many of us treasure it today. But along with other high-ranking members of Congress and the president of the United States, you have continued to chip away at this sacred bedrock of civil liberties.

As The Guardian reported the night before your sudden news conference, the leaked secret court order “shows for the first time that under the Obama administration the communication records of millions of U.S. citizens are being collected indiscriminately and in bulk — regardless of whether they are suspected of any wrongdoing.”

One of the most chilling parts of that just-revealed Surveillance Court order can be found at the bottom of the first page, where it says “Declassify on: 12 April 2038.”

Apparently you thought — or at least hoped — that we, the people of the United States, wouldn’t find out for 25 years. And the fact that we learned about this extreme violation of our rights in 2013 instead of 2038 seems to bother you a lot.

Rather than call for protection of the Fourth Amendment, you want authorities to catch and punish whoever leaked this secret order. You seem to fear that people can actually discover what their own government is doing to them with vast surveillance.

Meanwhile, the Executive Branch is being run by kindred spirits, as hostile to the First Amendment as to the Fourth. On Thursday night, Director of National Intelligence James Clapper issued a statement saying the “unauthorized disclosure of a top secret U.S. court document threatens potentially long-lasting and irreversible harm to our ability to identify and respond to the many threats facing our nation.”

That statement from Clapper is utter and complete hogwash. Whoever leaked the four-page Surveillance Court document to Glenn Greenwald at The Guardian deserves a medal and an honorary parade down Pennsylvania Avenue in the Nation’s Capital. The only “threats” assisted by disclosure of that document are the possibilities of meaningful public discourse and informed consent of the governed.

Let’s be candid about the most clear and present danger to our country’s democratic values. The poisonous danger is spewing from arrogance of power in the highest places. The antidotes depend on transparency of sunlight that only whistleblowers, a free press and an engaged citizenry can bring.

As Greenwald tweeted after your news conference: “The reason there are leakers is precisely because the govt is filled with people like Dianne Feinstein who do horrendous things in secret.” And, he pointed out, “The real story isn’t just the spying itself: it’s that we have this massive, ubiquitous Surveillance State, operating in total secrecy.”

Obviously, you like it that way, and so do most other members of the Senate and House. And so does the president. You’re all playing abhorrent roles, maintaining a destructive siege of precious civil liberties. While building a surveillance state, you are patting citizens on the head and telling them not to worry.

Perhaps you should have a conversation with Al Gore and ask about his statement: “Is it just me, or is secret blanket surveillance obscenely outrageous?” Actually, many millions of Americans understand that the blanket surveillance is obscenely outrageous.

As a constituent, I would like to offer an invitation. A short drive from your mansion overlooking San Francisco Bay, hundreds of us will be meeting June 11 at a public forum on “Disappearing Civil Liberties in the United States.” (You’d be welcome to my time on the panel.) One of the speakers, Pentagon Papers whistleblower Daniel Ellsberg, could explain to you how the assaults on civil liberties and the wars you keep supporting go hand in hand, undermining the Constitution and causing untold misery.

Senator Feinstein, your energetic contempt for the Bill of Rights is serving a bipartisan power structure that threatens to crush our democratic possibilities.

A huge number of people in California and around the country will oppose your efforts for the surveillance state at every turn.

Sincerely,

Norman Solomon

 

 

sibel3

FBI Translator Sibel Edmonds is on the case.

 

 

Would Still Smell As Disgusting

JP-AIRLIFT-1-articleLarge

NY Times:

Arms Airlift to Syria Rebels Expands, With Aid From C.I.A.

AP:

US Doubles Aid To Syrian Rebels, Who Want More

“Instead, the Obama administration’s pledged to provide an additional $123 million in aid, which may include for the first time armored vehicles, body armor, night vision goggles and other defensive military supplies.”

Another $123M tax money, while schools fold.  Seniors are being denied food and medicine.  Obama is the representative of the Military-Industrial-Crony-Capital-Corporate sector.  He does not give a damn about Americans, nor Syrians.

Syria’s so-called “rebels” are majority Al-Qaeda connected “Al Nusra Brigade.”  Their atrocities have killed tens of thousands of civilians.  We are living Orwell’s worst nightmare.  Don’t beleve me?  How about a Catholic Church official from Syria?

“It’s not a question of promoting democracy or pluralism as the West wants us to understand of its policies. This is a lie, this is hypocrisy,Syriac Patriarch Ignatius Joseph III Younan told Catholic News Service.

Western nations did not heed warnings and so “bear responsibility for what is happening in Syria.”

“We were warning all those involved, the countries in the region and in the West — that means the United States and some of the European Union countries, like the United Kingdom and France — that this kind of violence would lead to chaos and the chaos to a civil war,” Patriarch Younan said. “And at that time, two years ago, they chose not to believe that.”
http://www.catholicnews.com/data/stories/cns/1302115.htm

Yes America.  Your willful, criminal ignorance kills thousands around the world.  You’re supposed to keep checks on your government.  That’s called “democracy.”