Why is Ron Paul America’s last chance?

Because he is the only candidate who is not owned lock, stock, and barrel by the military-security complex, Wall Street, and the Israel Lobby.

All of the others, including President Obama, are owned by exactly the same interest groups. There are no differences between them. Every candidate except Ron Paul stands for war and a police state, and all have demonstrated their complete and total subservience to Israel. The fact that there is no difference between them is made perfectly clear by the absence of substantive issues in the campaigns of the Republican candidates.

Only Ron Paul deals with real issues, so he is excluded from “debates” in which the other Republican candidates throw mud at one another: “Gingrich voted $60 million to a UN program supporting abortion in China.” “Romney loves to fire people.”

The mindlessness repels.

More importantly, only Ron Paul respects the US Constitution and its protection of civil liberty. Only Ron Paul understands that if the Constitution cannot be resurrected from its public murder by Congress and the executive branch, then Americans are lost to tyranny.

There isn’t much time in which to revive the Constitution. One more presidential term with no habeas corpus and no due process for US citizens and with torture and assassination of US citizens by their own government, and it will be too late. Tyranny will have been firmly institutionalized, and too many Americans from the lowly to the high and mighty will have been implicated in the crimes of the state. Extensive guilt and complicity will make it impossible to restore the accountability of government to law.

If Ron Paul is not elected president in this year’s election, by 2016 American liberty will be in a forgotten grave in a forgotten grave yard.

Having said this, there is no way Ron Paul can be elected, for these reasons:

Not enough Americans understand that the “war on terror” has been used to create a police state. The brainwashed citizenry believe that the police state is making them safe from terrorists.

Liberals, progressives, and the left-wing oppose Ron Paul, claiming that “he would abolish the social safety net, privatize Social Security and Medicare, throw the widows and orphans into the street, abolish the Federal Reserve,” etc.

Apparently, liberals, progressives, and the left-wing do not understand that privatizing Social Security and Medicare and destroying the social safety net are policies that many conservative Republicans favor and are policies that Wall Street is forcing on both political parties. In contrast, a President Ron Paul would be isolated in the White House and would never be able to muster the support of Congress and the powerful interest groups to achieve such radical changes. Moreover, Ron Paul has made it clear that a welfare-free state cannot be achieved by decree but only by creating an economy in which opportunity exists for people to stand on their own feet. Ron Paul has said that he does not support ending welfare before an economy is created that makes a welfare state unnecessary.

Candidate Paul cannot take any steps to reassure Americans that he would not throw them to the mercy of the free market, because his libertarian base would turn on him as another unprincipled politician willing to sacrifice his principles for political expediency.

If libertarians were not inflexible, candidate Paul could endorse Ron Unz’s proposal to solve the illegal immigration problem by raising the minimum wage to $12 an hour, so that Americans could afford to work the jobs that are taken by illegals.

Economist James K. Galbraith is probably correct that Unz’s proposal would boost the economy by injecting purchasing power and that the unemployment would be largely confined to illegals who would return to their home country. However, if Ron Paul were to treat Unz’s proposal as one worthy of study and consideration, libertarian ideologues would write him off. Whatever liberal/progressive support he gained would be offset by the loss of his libertarian base.

Why can’t libertarians be as intelligent as Ron Unz and see that if the Constitution is lost all that remains is tyranny?

In short, Americans cannot see beyond their ideologies to the real issue, which is the choice between the Constitution and tyranny.

So we hear absurd accusations that Ron Paul, a libertarian “is a racist.” “Ron Paul is an anti-semite.” “Ron Paul would favor the rich and hurt the poor.”

We don’t hear “Ron Paul would restore and protect the US Constitution.”

What do Americans think life will be like in the absence of the Constitution? I will tell you what it will be like, but first let’s consider the obstacles Ron Paul would face if he were to win the Republican nomination and if he were to be elected president.

In my opinion, if Ron Paul were to win the Republican nomination, the Republican Party would conspire to refuse it to him. The party would simply nominate a different candidate.

If despite everything, Ron Paul were to end up in the White House, he would not be able to form a government that would support his policies. Appointments to cabinet secretaries and assistant secretaries that would support his policies could not be confirmed by the US Senate. President Paul would have to appoint whomever the Senate would confirm in order to form a government. The Senate’s appointees would undermine his policies.

What a President Ron Paul could do, assuming Congress, controlled by powerful private interest groups, did not impeach him on trumped up charges, would be to use whatever forums that might be permitted him to explain to the public, judges, and law schools that the danger from terrorists is miniscule compared to the danger from a government unaccountable to law and the Constitution.

The reason we should vote for Ron Paul is to signal to the powers that be that we understand what they are doing to us. If Paul were to receive a large vote, it could have two good effects. One could be to introduce some caution into the establishment that would slow the march into more war and tyranny. The other is it would signal to Washington’s European and Japanese puppets that not all Americans are stupid sheep. Such an indication could make Washington’s puppet states more cautious and less cooperative with Washington’s drive for world hegemony.

What America Without the Constitution Will Be Like

In the January 4 Huff Post, attorney and author John Whitehead reported on the militarization of local police. Some police forces are now equipped with spy drones. Whitehead reports that a drone manufacturer, AeroVironment Inc., plans to sell 18,000 drones to police departments throughout the country. The company is also advertising a small drone, the “Switchblade,” which can track a person, land on the person and explode.

How long before Americans will be spied upon or murdered as extremists at the discretion of local police?

Recognizing the privacy danger, if not the murder danger, the American Civil Liberties Union has issued a report, “Protecting Privacy From Aerial Surveillance.”

The ACLU believes, correctly, that liberty is threatened by “a surveillance society in which our every move is monitored, tracked, recorded, and scrutinized by authorities.”

The ACLU calls on Congress to legislate privacy protections against the police use of drones. I support the ACLU because it is the most important defender of civil liberty despite other misguided activities, but I wonder what the ACLU is thinking. Congress and the federal courts have already acquiesced in the federal government’s warrantless spying on Americans by the National Security Agency. The Bush regime violated the Foreign Intelligence Surveillance Act many times, and all involved, including President Bush, should have been sent to prison for many lifetimes, as each violation carries a 5-year prison term. But the executive branch emerged scot free. No one was held accountable for clear violations of US statutory law.

The ACLU might think that although the federal executive branch has successfully elevated itself above the law, state and local police forces are still accountable. We must hope that they are, but I doubt it.

The militarization of local police has received some attention. What has not received attention is that state and local police are also being federalized. It is not only military armaments and spy technology that local police are receiving from Washington, but also an attitude toward the public along with federal oversight and the collaboration that goes with it. When Homeland Security, a federal police force, comes into states, as I know has occurred in Georgia and Tennessee, and doubtless other states, and together with the state police stop cars and trucks on Interstate highways and subject them to warrantless searches, what is happening is the de facto deputizing of the state police by Homeland Security. This is the way that Goering and Himmler federalized into the Gestapo the independent police forces of German provinces such as Prussia and Bavaria.

Homeland Security has expanded its warrantless searches far beyond “airline security.”

The budding gestapo agency now conducts warrantless searches on the nation’s highways, on bus and train passengers, and at Social Security offices. On Tuesday January 3, 2012, the Social Security office in Leesburg, Florida, apparently a terrorist hotspot, became a Homeland Security checkpoint. The DHS Gestapo armed with automatic weapons and sniffer dogs demanded IDs from local residents visiting their local Social Security office.

Thomas Milligan, district manager for the Social Security Administration office, said staff were not informed their offices were about to be stormed by armed federal police officers. DHS officials refused to answer questions asked by local media and left with no explanation at noon, reports infowars.com.

The DHS gestapo justified its takeover of a Leesburg Florida Social Security office as being an integral part of “Operational Shield,” conducted by the Federal Protective Service to detect “the presence of unauthorized persons and potentially disruptive or dangerous activities.”

One wonders if even brainwashed flag-waving “superpatriots” can miss the message. The Social Security office of Leesburg, Florida, population 19,086 in central Florida is not a place where terrorists devoid of proper ID might be visiting. To protect America from the scant possibility that terrorists might be congregating at the Leesburg Social Security office, the tyrants in Washington sent the Federal Protective Service at who knows what cost to demand ID from locals visiting their Social Security office.

What is this all about except to establish the precedent that federal police, a new entity in American life, the Federal Protective Service, has authority over state and local police offices and can appear out of the blue to interrogate local citizens.

Why the ACLU thinks it is going to get any action out of a Congress that has accommodated the executive branch’s destruction of habeas corpus, due process, and the constitutional and legal prohibitions against torture is beyond me. But at least the issue is raised. But don’t expect to hear about it from the “mainstream media.”

Americans in 2012, although only a few are aware, live in a concentration camp that is far better controlled than the one portrayed by George Orwell in 1984. Orwell, writing in the late 1940s could not imagine the technology that makes control of populations so thorough as it is today. Orwell’s protagonist could at least have hope. In 2012 with the erasure of privacy by the US government, protagonists can be eliminated by hummingbird-sized drones before they can initiate a protest, much less a rebellion.

Never in human history has a people been so easily and willingly controlled by a hostile government as Americans, who are the least free people on earth. And a large percentage of Americans still wave the flag and chant USA! USA! USA!

The Bush regime operated as if the Constitution did not exist. Any semblance of constitutional government that remained after the Bush years was terminated when Congress passed and President Obama signed the National Defense Authorization Act. One wonders how the National Rifle Association, the defender of the Second Amendment, will now fare. If there is no Constitution, how can there be a Second Amendment? If the President, at his discretion, can set aside habeas corpus and due process and murder citizens based on unproven suspicions, why can’t he set aside the Second Amendment?

Indeed, it is folly to expect a police state to tolerate an armed population.

The NRA is very supportive of the police and military. Now that these armed organizations are being turned against the public, how will the NRA adjust its posture?

Many NRA members, pointing to the “Oath Keepers,” former members of the military who pledge to defend the Constitution, and to police chiefs who support the Second Amendment, believe that the police and military will disobey orders to attack citizens.

But we already witness constantly the gratuitous brutality of “our” police against peaceful protesters. We witness military troops all over the world murder citizens who protest government abuses. Why can’t it happen here?

If you don’t want it to happen here, you had better figure out some way to get Ron Paul into the Presidency and to get him a cabinet and subcabinet that will support him.

Meanwhile, the police state grows. On January 4, 2012, the Obama regime announced by decree, not by legislation, the creation of the Bureau of Counterterrorism which will among other tasks “seek to strengthen homeland security, countering violent extremism.”

Take a moment to think. Do you know of any “violent extremism” happening in the US?

The regime is telling you that it needs a new police bureau with unaccountable powers to “strengthen homeland security” against a nonexistent bogyman.

So who will be the violent extremists who require countering by the Bureau of Counterterrorism? It will be peace activists, the Occupy Wall Street protesters, the unemployed and foreclosed homeless. It will be whoever the police state says. And there is no due process or recourse to law.

Given the facts before you, you are out of your mind if you think Ron Paul’s rhetoric against the welfare state is more important than his defense of liberty.

Occupy! Scenes From Occupied America is a well-conceived and attractive book about the first weeks of the Occupy Wall Street movement that was recently published by the Left imprint Verso Books. It reads like a journal, except the entries are not from just one writer, but a collection of several. They range from the well-known like prison activist and Black Panther Angela Davis to a young activist named Manissa Mahawaral. Edited by a small group of occupiers and the editors of the journals n+1, Dissent, Triple Canopy, and The New Inquiry, this text primarily covers the scene at the Zurcotti Park encampment in Lower Manhattan where the Occupy Wall Street movement more or less began. Part diary and part reflection, some of its most compelling moments come when the younger occupiers write about various realizations they have during the course of the occupation.

My favorite anecdote of this type is from an activist involved in the Occupy movement in Oakland, CA. When she first began participating, she found the dislike of the police from certain members of the camp to be disturbing. After all, they too were part of the so-called 99%. However, after a few days in the camp and the violent police attacks on the Oakland camp and protests following the first raid on Oscar Grant Plaza, her understanding of law enforcement’s role in protecting the wealthy and powerful changed dramatically. “I am ashamed,” she writes. “I was so naive about the cops in Oakland, but even more than this I am furious… that the police are allowed to brutalize people….” It is moments like this where the Occupy movement becomes transcendent and more than the collection of individuals, groups and and encampments that it is. Interspersed throughout the book are a number of drawings and collages that are not only visually appealing but also clever statements about the essential issues involved.

The book is not just a collection observations from the frontlines. Also included are analyses of the economic reasons behind the movement from Left Business Observer editor Doug Henwood and a fascinating discussion of the history of the space where Occupy Atlanta was situated. This latter piece is also one of several pieces that discusses the role of people of color in the movement.

As one of the first of many books about the Occupy movement to be published, Occupy! Scenes From Occupied America sets a high standard. One hopes it is read by many, especially among those that couldn’t or didn’t make it to an Occupy camp before the State’s onslaught on them. This movement should not die.

Hot on the heels of the aforementioned book come OR Books addition. Titled Occupying Wall Street: The Inside Story of an Action That Changed America, this work covers similar ground to Occupy! Scenes From Occupied America. What it lacks in graphics, it makes up for in content. Written in a continuous narrative broken into chapters, Occupying Wall Street differs from the collection of vignettes contained in the Verso Books text, while also maintaining a more or less chronological telling of the original Zurcotti Park encampment from its beginning to its eventual destruction by the police on November 15, 2011. In addition, Occupying Wall Street spends more time placing the Occupy movement in the context of the international wave of protest that has swept from Greece to Britain to Tunisia and Egypt to the United States and a multitude of other localities around the globe.

Written by a larger collective of writers who modestly call themselves Writers for the 99%, the OR Books text functions as a description of life at Zurcotti Park and within the Occupy movement over the period noted above. If Occupy! Scenes From Occupied America is a journal of the Occupy Wall Street movement, then Occupying Wall Street: The Inside Story of an Action That Changed America is the literary equivalent of a wonderfully written diary. These two books are not exclusive to each other. in fact they are companion volumes that read together provide an engrossing and well-told description of one of the most hopeful protest movements to erupt in the capitalist world in decades.

The Young Lords Rise From the Pages

Speaking of attractive books to arrive recently on my bookshelf, the Haymarket Books reprint of the Young Lords 1971 book Palante: Voices and Photographs of the Young Lords, 1969-1971 certainly deserves a mention. The Young Lords Party was a revolutionary group of Puerto Rican youth that organized primarily among the young and working-class residents of New York’s Puerto Rican barrios during the late 1960s and early 1970s. Borrowing some of their style from the ideologically similar Black Panthers, this group was a dominant force in barrio politics during much of their existence. Their straightforward approach to solving some of the economic and political inequities in the barrio attracted thousands of supporters in the barrio and hundreds of powerful enemies in Christie Mansion and other edifices of power in New York. When I attended briefly attended Fordham University in the Bronx from Fall 1972 through Spring 1974 one of my smoking buddies was an active member of the group. His knowledge of Marxist theory was impressive as was his commitment to the struggle in the barrio. Needless to say, he and I had many intense discussions that taught me — as no book possibly could — the colonial situation of the Puerto Rican people and helped me unlearn years of misinformation about that island nation.

Palante is a history, explanation and discussion of the Young Lords Party from the perspective of its members in 1971. There is no bourgeois nationalism repeated in these pages. Instead, in the best tradition of other revolutionary nationalism, Palante argues that cultural and social freedom for the Puerto Rican nation is inseparable from economic freedom and a socialist revolution. For those uncertain of the difference, let me quote writer Earl Ofari from a 1969 article he wrote about the two phenomena as they relate to the black people of the United States :

“Revolutionary nationalists, unlike cultural nationalists, recognize that it is impossible to resolve the problems of black people under the structure of American Capitalism. This has led Huey Newton to correctly point out that one who adheres to the philosophy of revolutionary nationalism must of necessity be a socialist. For revolutionary nationalists, by and large, take the position that in order to oppose capitalism it is mandatory that one adopt an outlook of international working class solidarity with particular emphasis on the struggles of Third World people against Imperialism.”

The Young Lords believed the same analysis applied to the situation of the Puerto Ricans.

Looking at it today, the most striking aspect of this book is not the audacious (by today’s standards) writings calling for a revolution in the United States and an independent Puerto Rico. It is the collection of photographs. Difficult to pry one’s eyes away from, the photos herein rank up there with the best photojournalism has to offer. The struggles of the young revolutionaries and the people they worked with are evident in the faces on these pages and the places and actions set down in a darkroom forty years ago. The pride of a people realizing its power and the anger of that people realizing why and who has wronged it radiates from the stark black and white images that fill the last half of this beautiful work.

That’s because billionaires now thoroughly control an economy designed to “fabulously” enrich a privileged few by stealing the wealth that results when everyday toilers get low pay and substandard or nonexistent benefits.

Still, some regular folks, enduring painful exploitation under this reverse Robin Hood status, support rightwing con artists that FOX News and Rush Limbaugh shamelessly dupe them into backing.

It’s about as sensible as someone saying, “Jump off this bridge into those boulder-strewn, raging waters below. It’ll do wonders for your health!”

Lowering taxes for the upper crust and abolishing “onerous” government regulations on rapacious Big Business and High Finance is what they’re really asking, but the result would be just as lethal.

Let’s quit listening to manipulative propagandists’ disguised calls for our mass emasculation and complete impoverishment.

After all, further lavishing and empowering our oppressors would hardly improve our wretched lot.

When abolitionists, suffragettes, and labor organizers first emerged, parties who gained from mistreating blacks, women, and workers demonized those change-making activists.

They were slandered as being anti-American and un-Christian.

Sadly, similar charges are directed against homosexuals today, whose civil rights continue to be opposed with the same Bible-thumping false rectitude once used to defend slavery.

A bloody civil war had to be fought because part of the country couldn’t comprehend what Jesus really stood for, preferring benighted bigotry instead.

Much later, in a laudable reversal, many citizens opposed the Vietnam war because they were conscientiously convinced that napalming Southeast Asian civilians into smoldering heaps of cinders and ash wasn’t a Godly thing to do.

For holding that view, they were labeled “smelly hippies” and “Marxists.”

Today, as the growing Occupy movement protests Wall Street’s plunder of our country’s wage-earning majority, it also gets called dirty names. Exactly the same names that ’60s war resisters were called.

Given all this, could it be that the slanderers secretly wish they could still own other human beings? Or prevent females from voting? They’re certainly anti-union.

Just wondering…

Thank you, conservatives, for revealing to us that the 99% movement is nothing but a bunch of crybaby/loser/Bolshevik members of a silly “Flea Party.”

Now we no longer have to worry about capitalists getting obscenely bloated while typical workers’ billfolds virtually disappear when viewed sideways.

What a relief it is to ignore the correlation between the length of fat cats’ yachts and the shortening time many millions of us have before going hopelessly broke.

Instead, we can fulminate against “irresponsible” young people protesting exorbitant college tuition costs, and lifelong student-loan debt, as they try to become educated for jobs that likely won’t even exist when they graduate.

What’s with value-less, complaining kids these days anyhow?

Now that we’ve seen the light, we can hardly wait till Newt Gingrich becomes President and brings back child labor, which he recently advocated at the Harvard Kennedy School of Government.

After all, there’s nothing wrong with America that a little Dickensian discipline for spoiled brats won’t fix!

Right?

(Extreme right, actually…)

Where in the First Amendment are tents and sleeping bags prevented from being used by American citizens as they peacefully assemble in public places to seek redress of compelling grievances?

Such a prohibition doesn’t exist, of course.

But that isn’t stopping mayors of several cities from behaving like foreign despots as they attempt to quash the Occupy cause, which resists the increasingly Third World-like economic inequity that having our lives ruled by upper crust thieves has painfully visited upon countless U.S. households.

Pitiful wages, lousy benefits, and pepper-sprayed violations of basic liberty are becoming the overall norm, while exploitative oligarchs ostentatiously luxuriate in gated communities.

Winding up essentially indistinguishable from the downtrodden, tyrannized “wretched of the earth” shouldn’t be our collective fate.

Join Occupy and the 99% to demand a different, better outcome for ourselves and our progeny!

I know. I lived through it on the Patriot Act. When Congress decided to squelch the truth about the CIA’s advance warnings about 9/11 and the existence of a comprehensive peace option with Iraq, as the CIA’s chief Asset covering Iraq, I became an overnight threat. To protect their cover-up scheme, I got locked in federal prison inside Carswell Air Force Base, while the Justice Department battled to detain me “indefinitely” up to 10 years, without a hearing or guilty plea. Worst yet, they demanded the right to forcibly drug me with Haldol, Ativan and Prozac, in a violent effort to chemically lobotomize the truth about 9/11 and Iraqi Pre-War Intelligence.

Critically, because my legal case was controlled by civilian Courts, my Defense had a forum to fight back. The Judge was an independent arbiter. And that made all the difference. If this law on military detentions had been active, my situation would have been hopeless. The Patriot Act was bad enough. Mercifully, Chief Justice Michael B. Mukasey is a preeminent legal scholar who recognized the greater impact of my case. Even so, he faced a terrible choice —declaring me “incompetent to stand trial,” so my case could be killed—or creating dangerous legal precedents tied to secret charges, secret evidence, secret grand jury testimony and indefinite detention—from the Patriot Act’s arsenal of weapons against truth tellers—that would impact all defendants in the U.S. Courts.

It was a hideous choice—The judicial farce was more ugly because it stamped me a “religious maniac” for believing in God—a ludicrous argument. It lined up beautifully, however, with Congress’ desire to bastardize the “incompetence” of Assets engaged in Pre-War Intelligence. Anything to escape responsibility for their own poor decision making.

To this day, it scorches my heart with rage and betrayal. It was unforgivable on so many levels.

And it had nothing to do with fighting terrorism. This was about fighting truth—and protecting powerful leaders in Washington determined to glorify themselves with phony patriotism and media fireworks in the War on Terrorism—a fantasy if there was one.

Those of us with the facts at our fingertips, who could expose leadership fraud and deceptions, had to be destroyed. I had three strikes against me. First off, I had personal knowledge of the CIA’s advance warnings about 9/11, and how Republican leaders thwarted efforts to preempt the attack. Secondly, I had direct knowledge of Iraq’s contributions to the 9/11 investigation, and how Republican leaders rejected financial documents on early Al Qaeda figures like Ramzi Youssef and Sheikh Abdul Rahmon of Egypt and Sheikh al Zawahiri—who replaced Osama bin Laden as Al Qaeda’s leader. That would have shut down the financial pipeline for terrorism, if Washington cared about results. Finally, my team had successfully negotiated a peace framework with Baghdad that would have achieved all objectives in Iraq without firing a shot.

Oh I was a threat to the Washington elite, no doubt. Without the Patriot Act, the Cover Ups of 9/11 and Iraq would have failed. Given normal due process, I would have shouted truth from the rooftops and exposed them all.

Let’s not mince words. Members of Congress who support laws like the Patriot Act and Military Detentions fear the American people deeply. They hate what America stands for. Above all they fear exposure of their mediocrity as our leaders. They are desperate to hide their leadership failures. And so they commit Treason against us— savaging the liberties enshrined in our Constitution to safeguard their access to power, weakening our ability to challenge them openly, building a society of fear.

They ply us with buzzwords—like “anti-terrorism” and “national security.” But they are the greatest threat facing our nation today. They are traitors among us.

Terrorism is a buzz-word to quiet outrage over this shredding of the Constitution. Most Americans don’t understand that the Patriot Act has expanded the scope of terrorism to cover any free political speech that challenges Institutions of Authority. Acts of violence are not necessary. The possibility that free speech could weaken public trust in leadership qualifies as the New Sedition. Any political speech that provokes the People to think and question authority can be squashed as a threat to political control.

I was no Traitor. My whole life was dedicated to non-violence. My bona fides in anti-terrorism were the best anywhere. I gave advance warning about the 9/11 attack, the bombing of the U.S.S. Cole in Yemen, and the 1993 World Trade Center attack. When the FBI cracked open my computer, they found proof that my team had run one of the very first investigations of Osama bin Laden in 1998, before the Dar es Salaam/Nairobi bombings. I started negotiations for the Lockerbie Trial with Libya, and preliminary talks on resuming weapons inspections in Iraq.

I was a very real threat, however. I was guilty of possessing inconvenient knowledge powerful enough to persuade voters to throw a lot of deceptive politicians out of Congress.

Military detentions would push America farther into the abyss. First, it eliminates the need for charges against political defendants altogether. And secondly, it transfers decisions about a defendant’s fate away from the oversight of a civilian Judge to a military Sentry and base commander. It’s a complete negation of the Courts.

At a practical level, there are consequences that Americans would never dream possible:

• There’s no requirement for Military Officers to acknowledge that a prison exists inside a military base. Nor can Military officers be compelled to identify individuals who might be detained on the base.

• There’s no guarantee an attorney would be assigned to the accused. Indeed, the Sentry and Commanding Officer would have full authority, individually, to decide whether attorney visits shall be allowed at all. Access to an attorney would be a matter of military discretion, including frequency and duration. The Military Commander or sentry could decide to prohibit an attorney from entering the base altogether, without specifying a reason.

This must be underscored. Civilian Judges provide a fail-safe for defendants under military auspices. Under the proposed law, that protection would be removed. The Commanding Officer of the military base would assume full authority of the Court. The accused inmate would have nowhere to protest any aspect of the detention, or to move towards resolution.

• Since the military alone decides who enters the base, the Sentry would have the power to reject visits by Family or Journalists, if they so choose.

• In straight violation of the 8th Amendment of the Constitution, accused civilians would be denied the right to petition for bail

• Military prisoners might have limited rights to send letters or make phone calls to family or attorneys, at the discretion of the Commanding Officer. The military would have the right to keep a defendant totally incommunicado from the world.

• An accused person would have no automatic rights to recreation outside of the cell. Prisoners could be locked in a 10 X 12 room 24-7, and denied the rights to exercise for one hour in a prison yard. That would be “indefinite,” too.

• Like Bradley Manning, they could be forced to sleep almost naked with the lights on, under 24 hour surveillance, even in the absence of suicide threats.

Don’t bother arguing about it. One of the high points of my legal drama occurred when my fantastic and beloved Uncle Ted Lindauer—a family member— who happened to have 40 years of senior legal experience— jumped into my legal fray in a Herculean effort to restore my freedom.

Three Times Tenacious Uncle Ted Drove 700 Miles (1,000 kms) in Each Direction—from southern Illinois to Fort Worth, Texas. He carried proper identification and proof of his legal standing. He was registered on my visitor’s list, and prison authorities understood that he was functioning as Co-Counsel for my Defense.

On the first and second visits, Ted Lindauer arrived on the weekend during normal visiting hours. Nevertheless, the Sentry swore up and down that there was no prison inside Carswell Air Force Base, and I was not an inmate—

Horrified, Ted Lindauer requested to speak with the Commanding Officer on duty.

Confronted with letters mailed from the prison and Court documents signed by Judge Mukasey, nevertheless, the Sentry and Commanding Officer refused to back down. Both stubbornly denied that I was housed anywhere on their military base.

On the second visit, the Sentry and Commanding Officer had a new excuse. Yeah, there was a prison on Carswell Air Force Base. But there were no visiting hours on weekends. Other prison families stood close by. One after the other, the sentry granted them access to the base to visit their relatives detained at the prison. Yet when Ted Lindauer, a 70 year old man with silver hair, stepped forward, the sentry guard refused.

Ted was furious. He warned the Sentry that my family knows some Generals, too! He insisted on the sanctity of my rights to attorney access, and promised to file a complaint with Judge Mukasey to compel the military to allow this attorney visit to occur.

Ted swore that he would return with U.S. Marshals. And by God, he was coming onto that base.

Thankfully, there was a civilian Judge to back him up. Judge Mukasey raised hell. On the third visit, he did indeed order U.S. Marshals to flank Ted Lindauer at the front gates of Carswell Air Force Base.

Judge Mukasey waited in his Chambers in New York ready to give the order. Only when U.S. Marshals stood before them, ready to forcibly enter the base, did Carswell back down. They stopped pretending there was no prison, that I was not an inmate, and granted my Uncle—a family member and attorney—access to his client.

It’s a cautionary tale. The military is not equipped to handle this type of responsibility. It flies against all of their structure. And it illustrates poignantly why a Civilian Judge is critical to protecting a defendant’s rights when the military has physical jurisdiction.

All of this was occurring at a critical juncture. At that moment, citing the Patriot Act, the Justice Department was arguing that I should be detained “indefinitely” up to 10 years—with no right to a trial or hearing. More horribly still, the Justice Department was demanding the right to forcibly drug me with Haldol—a rhinoceros tranquilizer—until I could be “cured” of knowing the real facts about Iraq and 9/11 and serious leadership failures in the War on Terrorism.

Witness had already told the FBI about my work as an Asset—and my team’s all important advance warnings about 9/11. The Feds understood very precisely what they were hiding—and who would be the losers in Washington, if my story was told.

Because I was denied the right to a hearing, I was blocked from providing that validation to the Court–or the American public—something Republicans on Capitol Hill feared desperately. Without a hearing, the Feds had free rein to savage my reputation with fantastic embellishments, portraying me as a religious maniac. (I freely confess that I have rock solid faith in God. However, the Justice Department played fast and loose with descriptions of my spirituality).

By the end of it, all of my Constitutional rights had been savagely violated— My 1st Amendment rights to freedom of speech and religion; my 4th Amendment protections against illegal searches of my home; my 5th Amendment rights not to be forcibly interrogated by surrogates for the prosecution; my 6th Amendment rights to a speedy trial by a jury of my peers, with the rights to face my accusers and rebut accusations in a public Court of law. The Justice Department even violated my 8th Amendment protections against threats of torture, (forcibly drugging definitely qualifies).

To this day, I cannot believe such abuse could be possible in the United States. I’m a fighter, and I could not stop them. All the Constitutional protections that should have saved me were stripped away. It horrifies me.

No American really understands the preciousness of Liberty until more powerful individuals in the government fight to take away those rights. Then in a blinding flash, you are awed by the magnificence of the Founding Fathers’ vision. What they gave us was extraordinary. It must be protected from tyrants like those in Congress today. They are tyrants who fear and despise us. There is no ambiguity. They are against us.

President Obama must veto this bill or confess his hypocrisy as a champion of liberty. And members of Congress who support military detentions or the Patriot Act must be targeted for defeat in 2012.

They are the greatest threats facing this country today.

They are traitors to freedom. They are Enemies of the Constitution. And they deserve to be branded Enemies of the State.

There have been a number of books written about this underground press. The granddaddy of them all is most certainly Uncovering the Sixties: The Life and Times of the Underground Press by retired Northwestern University professor Abe Peck, who began his journalism career as a member of Chicago’s groundbreaking Seed. More recent endeavors include John McMillan’s Smoking Typewriters: The Sixties Underground Press and the Rise of Alternative Media in America and the just-released On the Ground: An Illustrated Anecdotal History of the Sixties Underground Press in the U.S. Edited by Sean Stewart, On the Ground is essentially an oral history that features the recollections of several people that were involved with underground papers from around the United States. Unlike McMillan’s work which runs toward the academic side of things, Stewart’s text has a populist feel to it. The recollections are straight from the speakers’ mouths; sometimes angry, sometimes humorous and always honest.

The best part of the book are the graphics. As I read through the memories of the folks Stewart spoke with for On the Ground I was repeatedly surprised at how well I remembered various illustrations and photographs Stewart reprinted throughout the text. Like the papers his interviewees are remembering, the most striking thing about On the Ground is the layout. Even though I know the book was composed on a computer screen, the book looks as if it were laid out via the old cut and paste method by folks possibly stoned on weed and a day or two with minimal sleep–just like many issues of almost every paper Stewart discusses.

Being in the Movement and the counterculture was generally an upbeat experience. So was being in the Sixties underground media. Most folks were young and full of hope and those that were not necessarily young in years were where it counted–in their approach to life. Reporters did not cover stories as much as they took part in them and then wrote about it afterward. As Abe Peck says about working at The Seed: “We were very determined and unless something terrible happened–like [the murder of] Fred Hampton–up, just pretty upbeat.” Politics was omnipresent, whether it was at a very political paper like The Black Panther or a paper that had a more countercultural bent like The LA Free Press. This was because, as far as the authorities were concerned, everyone involved with the underground press–writers, printers, cartoonists, sellers and readers–were on the wrong side of the law and had to be watched. Sometimes, they were dealt with by methods legal and otherwise. This meant things like the stores selling papers being harassed by police and vigilantes; the withdrawal of advertising because of pressure from the FBI and other agencies; and assaults against persons involved by cops and others.

When Richard Nixon took over the White House in 1969 the repression of the Movement and counterculture intensified. Naturally, this meant that the media that represented these phenomena would be under greater attack. Black Panther papers were destroyed enroute to cities across the country and even to military bases overseas. Storefronts that newspapers worked out of were firebombed by vigilantes and shot at by police. Obscenity charges were brought against newspapers that then tied up the papers’ funds in court costs. High school underground press writers were thrown out of school and administrators suspended students selling and reading those papers. Although the reasons given for the expulsions usually had to do with attendance and other disciplinary infractions, the reality was that high school disciplinarians resented the threat to their authority and power. A friend of mine in Montgomery County, Maryland was suspended from the progressive John F. Kennedy High School for selling The Washington Free Press on campus. The issue in question featured a cartoon of a judge that had been involved in efforts to shut down the paper. The drawing showed the judge masturbating. Underneath the drawing was the phrase (made popular by the TV show Laugh-In) “here com da judge.” The cartoon was a response to a series of rulings made by the judge forbidding the distribution of the Free Press on high school grounds. These rulings and the school board decisions that preceded them were being challenged by the ACLU.

As the 1960s turned over into the 1970s, many folks that had been on the front lines began to retreat for the sake of their sanity. Others just fell into the trap of individualism and self-satisfaction–an easy trap to fall into in the US of A. By 1974 or thereabouts, the curse of identity politics had taken over much of the political discourse on the left and effectively limited the reach of the Movement as people separated according to their gender, sexuality, and ethnic origins. Intentionally or not, this trend hastened the demise of the underground press and the movements it was a part of. However, its legacy remains. There are many websites and even some print journals that are more than observers of the protests and movements they report on. Journalist Alice Embree notes that “The underground press was the connective tissue; it spread the news …” When the papers began to fail, the connectiveness was lessened. The underground press was a vital part of what happened in the sixties. Sean Stewart’s wonderfully edited text On the Ground lets the reader know how and why that remains true. The striking graphics and compelling recollections in this text are at once a popular history and an inspiration.

Patriot Act

On May 27, 2011, President Obama, over widespread bipartisan objections, approved a Congressional four year extension of controversial parts of the Patriot Act that were set to expire.  In March of 2010, Obama signed a similar extension of the Patriot Act for one year.  These provisions allow the government, with permission from a special secret court, to seize records without the owner’s knowledge, conduct secret surveillance of suspicious people who have no known ties to terrorist groups and to obtain secret roving wiretaps on people.

Criminalization of Dissent and Militarization of the Police

Anyone who has gone to a peace or justice protest in recent years has seen it – local police have been turned into SWAT teams, and SWAT teams into heavily armored military.  Officer Friendly or even Officer Unfriendly has given way to police uniformed like soldiers with SWAT shields, shin guards, heavy vests, military helmets, visors, and vastly increased firepower.  Protest police sport ninja turtle-like outfits and are accompanied by helicopters, special tanks, and even sound blasting vehicles first used in Iraq.  Wireless fingerprint scanners first used by troops in Iraq are now being utilized by local police departments to check motorists.  Facial recognition software introduced in war zones is now being used in Arizona and other jurisdictions.  Drones just like the ones used in Kosovo, Iraq and Afghanistan are being used along the Mexican and Canadian borders.  These activities continue to expand under the Obama administration.

Wiretaps

Wiretaps for oral, electronic or wire communications, approved by federal and state courts, are at an all-time high.  Wiretaps in year 2010 were up 34% from 2009, according to the Administrative Office of the US Courts.

Criminalization of Speech

Muslims in the US have been targeted by the Obama Department of Justice for inflammatory things they said or published on the internet.  First Amendment protection of freedom of speech, most recently stated in a 1969 Supreme Court decision, Brandenberg v Ohio, says the government cannot punish inflammatory speech, even if it advocates violence unless it is likely to incite or produce such action.  A Pakistani resident legally living in the US was indicted by the DOJ in September 2011 for uploading a video on YouTube.  The DOJ said the video was supportive of terrorists even though nothing on the video called for violence.  In July 2011, the DOJ indicted a former Penn State student for going onto websites and suggesting targets and for providing a link to an explosives course already posted on the internet.

Domestic Government Spying on Muslim Communities

In activities that offend freedom of religion, freedom of speech, and several other laws, the NYPD and the CIA have partnered to conduct intelligence operations against Muslim communities in New York and elsewhere.  The CIA, which is prohibited from spying on Americans, works with the police on “human mapping”, commonly known as racial and religious profiling to spy on the Muslim community.  Under the Obama administration, the Associated Press reported in August 2011, informants known as “mosque crawlers,” monitor sermons, bookstores and cafes.

Top Secret America

In July 2010, the Washington Post released “Top Secret America,” a series of articles detailing the results of a two year investigation into the rapidly expanding world of homeland security, intelligence and counter-terrorism.   It found 1,271 government organizations and 1,931 private companies work on counterterrorism, homeland security and intelligence at about 10,000 locations across the US.  Every single day, the National Security Agency intercepts and stores more than 1.7 billion emails, phone calls and other types of communications. The FBI has a secret database named Guardian that contains reports of suspicious activities filed from federal, state and local law enforcement.  According to the Washington Post, Guardian contained 161,948 files as of December 2009.  From that database there have been 103 full investigations and at least five arrests the FBI reported.  The Obama administration has done nothing to cut back on the secrecy.

Other Domestic Spying

There are at least 72 fusion centers across the US which collect local domestic police information and merge it into multi-jurisdictional intelligence centers, according to a recent report by the ACLU.  These centers share information from federal, state and local law enforcement and some private companies to secretly spy on Americans.  These all continue to grow and flourish under the Obama administration.

Abusive FBI Intelligence Operations

The Electronic Frontier Foundation documented thousands of violations of the law by FBI intelligence operations from 2001 to 2008 and estimate that there are over 4000 such violations each year.  President Obama issued an executive order to strengthen the Intelligence Oversight Board, an agency which is supposed to make sure the FBI, the CIA and other spy agencies are following the law.  No other changes have been noticed.

Wikileaks

The publication of US diplomatic cables by Wikileaks and then by main stream news outlets sparked condemnation by the Obama administration officials who said the publication of accurate government documents was nothing less than an attack on the United States.  The Attorney General announced a criminal investigation and promised “this is not saber rattling.” Government officials warned State Department employees not to download the publicly available documents.  A State Department official and Columbia officials warned students that discussing Wikileaks or linking documents to social networking sites could jeopardize their chances of getting a government job, a position that lasted several days until reversed by other Columbia officials.  At the time this was written, the Obama administration continued to try to find ways to prosecute the publishers of Wikileaks.

Censorship of Books by the CIA

In 2011, the CIA demanded extensive cuts from a memoir by former FBI agent Ali H. Soufan, in part because it made the agency look bad.  Soufan’s book detailed the use of torture methods on captured prisoners and mistakes that led to 9-11. Similarly, a 2011 book on interrogation methods by former CIA agent Glenn Carle was subjected to extensive black outs.  The CIA under the Obama administration continues its push for censorship.

Blocking Publication of Photos of U.S. Soldiers Abusing Prisoners

In May 2009, President Obama reversed his position of three weeks earlier and refused to release photos of US soldiers abusing prisoners.  In April 2009, the US Department of Defense told a federal court that it would release the photos.  The photos were part of nearly 200 criminal investigations into abuses by soldiers.

Technological Spying

The Bay Area Transit System, in August 2011, hearing of rumors to protest against fatal shootings by their police, shut down cell service in four stations.  Western companies sell email surveillance software to repressive regimes in China, Libya and Syria to use against protestors and human rights activists.  Surveillance cameras monitor residents in high crime areas, street corners and other governmental buildings.  Police department computers ask for and receive daily lists from utility companies with addresses and names of every home address in their area.  Computers in police cars scan every license plate of every car they drive by.  The Obama administration has made no serious effort to cut back these new technologies of spying on citizens.

Use of “State Secrets” to Shield Government and Others from Review

When the Bush government was caught hiring private planes from a Boeing subsidiary to transport people for torture to other countries, the Bush administration successfully asked the federal trial court to dismiss a case by detainees tortured because having a trial would disclose “state secrets” and threaten national security.  When President Obama was elected, the state secrets defense was reaffirmed in arguments before a federal appeals court.  It continues to be a mainstay of the Obama administration effort to cloak their actions and the actions of the Bush administration in secrecy.

In another case, it became clear in 2005 that the Bush FBI was avoiding the Fourth Amendment requirement to seek judicial warrants to get telephone and internet records by going directly to the phone companies and asking for the records.  The government and the companies, among other methods of surveillance, set up secret rooms where phone and internet traffic could be monitored.  In 2008, the government granted the companies amnesty for violating the privacy rights of their customers.  Customers sued anyway. But the Obama administration successfully argued to the district court, among other defenses, that disclosure would expose state secrets and should be dismissed.  The case is now on appeal.

Material Support

The Obama administration successfully asked the US Supreme Court not to apply the First Amendment and to allow the government to criminalize humanitarian aid and legal activities of people providing advice or support to foreign organizations which are listed on the government list as terrorist organizations.   The material support law can now be read to penalize people who provide humanitarian aid or human rights advocacy. The Obama administration Solicitor General argued to the court “when you help Hezbollah build homes, you are also helping Hezbollah build bombs.”  The Court agreed with the Obama argument that national security trumps free speech in these circumstances.

Chicago Anti-war Grand Jury Investigation

In September 2010, FBI agents raided the homes of seven peace activists in Chicago, Minneapolis and Grand Rapids seizing computers, cell phones, passports, and records.  More than 20 anti-war activists were issued federal grand jury subpoenas and more were questioned across the country.  Some of those targeted were members of local labor unions, others members of organizations like the Arab American Action Network, the Columbia Action Network, the Twin Cities Anti-War Campaign and the Freedom Road Socialist Organization.  Many were active internationally and visited resistance groups in Columbia and Palestine.  Subpoenas directed people to bring anything related to trips to Columbia, Palestine, Jordan, Syria, Israel or the Middle East.  In 2011, the home of a Los Angeles activist was raided and he was questioned about his connections with the September 2010 activists.  All of these investigations are directed by the Obama administration.

Punishing Whistleblowers

The Obama administration has prosecuted five whistleblowers under the Espionage Act, more than all the other administrations in history put together.  They charged a National Security Agency advisor with ten felonies under the Espionage Act for telling the press that government eavesdroppers were wasting hundreds of millions of dollars on misguided and failed projects.  After their case collapsed, the government, which was chastised by the federal judge as engaging in unconscionable conduct allowed him to plead to a misdemeanor and walk.  The administration has also prosecuted former members of the CIA, the State Department, and the FBI.  They even tried to subpoena a journalist and one of the lawyers for the whistleblowers.

Bradley Manning

Army private Bradley Manning is accused of leaking thousands of government documents to Wikileaks.  These documents expose untold numbers of lies by US government officials, wrongful killings of civilians, policies to ignore torture in Iraq, information about who is held at Guantanamo, cover ups of drone strikes and abuse of children and much more damaging information about US malfeasance.  Though Daniel Ellsberg and other whistleblowers say Bradley is an American hero, the US government has jailed him and is threatening him with charges of espionage which may be punished by the death penalty.  For months Manning was held in solitary confinement and forced by guards to sleep naked.  When asked about how Manning was being held, President Obama personally defended the conditions of his confinement saying he had been assured they were appropriate and meeting our basic standards.

Solitary Confinement

At least 20,000 people are in solitary confinement in US jails and prisons, some estimate several times that many.  Despite the fact that federal, state and local prisons and jails do not report actual numbers, academic research estimates tens of thousands are kept in cells for 23 to 24 hours a day in supermax units and prisons, in lockdown, in security housing units, in “the hole”, and in special management units or administrative segregation.  Human Rights Watch reports that one-third to one-half of the prisoners in solitary are likely mentally ill.  In May 2006, the UN Committee on Torture concluded that the United States should “review the regimen imposed on detainees in supermax prisons, in particular, the practice of prolonged isolation.”  The Obama administration has taken no steps to cut back on the use of solitary confinement in federal, state or local jails and prisons.

Special Administrative Measures

Special Administrative Measures (SAMS) are extra harsh conditions of confinement imposed on prisoners (including pre-trial detainees) by the Attorney General.  The U.S. Bureau of Prisons imposes restrictions such segregation and isolation from all other prisoners, and limitation or denial of contact with the outside world such as: no visitors except attorneys, no contact with news media, no use of phone, no correspondence, no contact with family, no communication with guards, 24 hour video surveillance and monitoring. The DOJ admitted in 2009 that several dozen prisoners, including several pre-trial detainees, mostly Muslims, were kept incommunicado under SAMS.  If anything, the use of SAMS has increased under the Obama administration.

These twenty concrete examples document a sustained assault on domestic civil liberties in the United States under the Obama administration.  Rhetoric aside, how different has Obama been from Bush in this area?

In case you haven’t heard the details (which is likely if you have spent much time watching traditional news), the bill essentially labels every spot on this earth as a battlefield, including the United States. It’s a telling moment when they concede, or, in fact, advance a never ending war, and its present under each rock, according to these lawmakers. It’s certainly the stuff of 1984 (we’ve always been at war with Eastasia). From this notion springs the advancement of military tribunals dealing with all citizens of the globe (once again, Americans included) without the bother of transparency. Detention and disappearance could be the order of the day.

The secretive nature and broad sweeps have already been used on those they deem foreign enemy combatants around the world. As if by fascist playbook, this sort of thing is trial ballooned on “the other” and then brought home for the enjoyment of those who didn’t complain the first time around.

An enormous issue with the militarization and deviation from open aired civilian courts is the very secretive nature of it all. If an individual has truly done a harm that merits intervention, then the light of day should shine on the accusations and stand on their own merits. That tired excuse that the information in these trials needs to be hidden is simply a ploy to avoid oversight and scrutiny. The stories have circulated about local warlords turning in neighbors (who get sent to Gitmo) often for decidedly illegitimate reasons. And then just enough scary terror bogymen really are in residence there to allow the average citizen to go back to sleep, avoiding the uncomfortable realization that some there did nothing wrong, except perhaps be in the wrong place at the wrong time or have enemies with the ear of Uncle Sam. It would be mindless to think it would go down in any other manner here. We aren’t that exceptional, I’m sorry to say.

Not to mention that this further advancement of the Military Industrial Complex must be making those entities who profit off of all of this salivate. As resources dwindle, the decision seems to have been made by the few to loot all that is available, consequences be damned.

At a time when Walmarts around the country have to add extra staff to handle the huge influx at midnight when food stamp cards get recharged….is this really the largest threat to the average American right now?. Of course not. Who is really destroying our nation?

The lumbering corporate facilitators in Congress who let our people languish as they advance Military Industrial Complex hardcore porn legislation such as this.

I have trouble believing that all of the legislators are truly evil. Rancid little snowflakes, all of them, to be sure, some evil, but some merely venal and ignorant — all hideous in their own unique manner. We will find no assistance from this pool of infamy.

This bill is flying under the radar; few seem to know about it. But, of course, that’s understandable; a new woman has popped up to talk about an inappropriate affair with Herman Cain. And if she hadn’t materialized, some damn baby would have to go missing or a hooker’s ipad with Congressional fetish requests would have to be unearthed at a booth in Chili’s – as they debate legislation that would allow the foundations for a new class of “disappeared” to occur in this nation.

If you still have any lingering thoughts that a Democrat (Crip) or a Republican (Blood) might save you, then this should serve as your final wake up call. If the teams truly believed their rhetoric, an abomination like this would have never been advanced — the fear of the other party occupying the Commander in Chief throne would be too frightening to ponder for the opposite party. Sure, they say this is for Al-Queda, but that’s what they always say. It only morphs into the others, such as political dissidents down the road.

McCain joked about his daughter going “to the dark side”, presumably for taking a job at MSNBC (as aside, it’s astounding the talent pool in these children of politicians, isn’t it….they seem to be getting jobs in the media all over the place.) But if McCain believed the bread and circus nonsense he is peddling, would he ever want to advance this kind of bill during a “dark side of the force” presidency? Of course not — because all of that is simply an illusion. They work together for corporate interests, never us. When a clown like Newt Gingrich says “child labor laws are dumb”, it inflames and occupies the national discourse. It’s meant to be that way, and hey…. if he can score one for kids going back to 1827 and get soot to cover their little faces, so much the better. Callista looks good amongst that squalor. Her Tiffany diamonds shine all the brighter in comparison.

It can be a soul crushing moment when it is realized that there are no politicians advancing a core decency for the average American life (and heaven forbid for foreign lives). I’m sure it’s not a new realization for most of the readers of the legitimate free press still operating in the internet hinterland, but for the bulk of Americans, it’s a painful leap they have yet to make. A bill like this is inflammatory to most – when they truly realize what it means – ironically, a bridge between those who still think of themselves with political labels.

It’s all evolving, what this information means. Occupy movements are nebulous, but they seem to have this basic understanding mastered — that the current system is flawed beyond repair. The consent of the governed is being eroded slowly. We still have many decent people who don’t understand, though. Where they use fear and manipulation, we need to use reason, love, and inclusiveness to advance the notion of an equitable society based on mutual respect. We may lose, but what choice do we have?

But time is running out. I’m impressed that Occupy hasn’t turned to violence that places them in the meat grinder. You just know that they are salivating for that. The powerful probably fully expected it to go that manner after beating those kids. How funny to disappoint them so. I see a quite asymmetrical situation — I think it will call for something more nuanced — that of turning the opinion of the masses. I don’t know if it’s possible, but it certainly has been done to great effect by the manipulators of our time. One would hope that truth would have an advantage, but base emotions often rule.

I don’t pretend to know the answers, but I do know that it’s necessary for the broader populace to understand the coup that is underway. That’s the foundation we need. Attempts at localization will likely be necessary as well. A government that seems to care little for any of us, and simply expects us to behave as cogs in machinery of big commerce will continue to run amok when met with resounding silence. But finally, the silence is waning.

But we are on a path that will lead to our own version of “disappeareds” and that is no exaggeration. We have no choice but to resist.

Under “transparency president” Barack Obama, the U.S. government initiated a criminal probe of the organization after the site began releasing a virtual tsunami of confidential military and State Department files.

In the last two years alone, WikiLeaks revealed that the United States had committed grave war crimes in Afghanistan, Iraq and other global hot-spots of interest to America’s resource-grabbing corporate masters.

This year’s release of 779 classified dossiers on prisoners housed at the Guantánamo Bay prison gulag fleshed out the public’s knowledge of ongoing torture programs run by the military and the CIA under cover of it’s murderous “War on Terror.”

But it was their publication of some 250,000 secret State Department cables which sparked a new round of hysterical denunciations in Washington culminating in the witchhunt against Julian Assange and WikiLeaks supporters, a demonization campaign aided and abetted by U.S. financial institutions such as Bank of America and Pentagon cyberwar contractors.

Cable after cable revealed “the extent of US spying on its allies and the UN; turning a blind eye to corruption and human rights abuse in ‘client states’; backroom deals with supposedly neutral countries; lobbying for US corporations; and the measures US diplomats take to advance those who have access to them.”

Leading politicians, including Vice President Joe Biden and Senate Minority leader Mitch McConnell have called the web site’s founder a “high-tech terrorist,” and commentators such as right-wing Washington Times columnist Jeffery Kuhner and others have demanded that Assange and his co-workers be treated “the same way as other high-value terrorist targets.”

The Obama administration, loathe to pursue criminal probes of the previous regime’s lawbreaking, the better to immunize themselves over their own contemporary lawless acts, including the torture of prisoners at Bagram Airbase, clandestine CIA drone killings and the due process-free assassination of an American citizen who was never charged, let alone convicted of a crime, was up to the challenge and empaneled a grand jury in Alexandria, Va.

And when Justice Department inquisitors first sought to seize the activist’s information, in keeping with the new “Washington consensus” that constitutional rights are nothing more than empty platitudes duly trotted out on national holidays, they demanded that Twitter turn over the files without benefit of a warrant.

American Civil Liberties Union staff attorney Aden Fine denounced the ruling. “Internet users don’t automatically give up their rights to privacy and free speech when they use services like Twitter,” Fine said.

“The government shouldn’t be able to get this kind of private information without a warrant, and they certainly shouldn’t be able to do so in secret. An open court system is a fundamental part of our democracy, and the very existence of court documents should not be hidden from the public.”

According to the ACLU, it wasn’t only Twitter that was served with record demands by the Justice Department. “Based on the file numbers that have been created, it appears likely that there are additional orders whose existence remains secret.”

The public first became aware of the government’s fishing expedition only because Twitter informed the three activists, Jacob Appelbaum, a founding member of the online anonymity network, Tor Project, Rop Gonggrijp, a founder of the Dutch web portal XS4ALL and Birgitta Jónsdóttir, a left-wing member of Iceland’s Parliament.

As Antifascist Calling reported in March, Jónsdóttir was specifically targeted for her role in helping WikiLeaks release the Collateral Murder video last year.

That scandalous video exposed the wanton slaughter of a dozen people in the Iraqi suburb of New Baghdad, including two Reuters photojournalists, by a U.S. military Apache helicopter crew. Two children were also seriously wounded in the unprovoked attack.

The Army’s thrill-kill gun camera video wasn’t concealed from the public because of any alleged threat to “national security” or to protect intelligence “sources and methods,” standard boilerplate used to hide war crimes by the U.S. Empire, but precisely to cover-up imperialism’s murderous rampage that helped “liberate” Iraqis of their lives.

Commenting on the ruling, Jónsdóttir told The Guardian, “This is a huge blow for everybody that uses social media. We have to have the same civil rights online as we have offline. Imagine if the US authorities wanted to do a house search at my home, go through my private papers. There would be a hell of a fight. It’s absolutely unacceptable.”

Unfortunately, under Section 213 of the oxymoronic USA Patriot Act, which was not subject to a “sunset” provision of the constitution-shredding legislation, FBI agents can do precisely that and obtain so-called “delayed notification” warrants for the search and seizure of evidence of any federal crime, not only those related to “terrorism” investigations.

Called “sneak and peek” searches, federal snoops are permitted to clandestinely seize property or conduct electronic searches on a home computer if a court deems such seizures “reasonably necessary.” Indeed, notification of a covert FBI home invasion “may thereafter be extended by the court for good cause shown.”

The sweeping ruling by Judge Liam O’Grady upheld demands by U.S. investigators that they should have virtual free-reign to pillage private records related to the users’ IP address, the unique identifier used by a computer or hand-held device to log onto the internet.

According to the Electronic Frontier Foundation (EFF) who represent Jónsdóttir along with American Civil Liberties Union attorneys, O’Grady “also blocked the users’ attempt to discover whether other Internet companies have been ordered to turn their data over to the government.”

“When you use the Internet, you entrust your online conversations, thoughts, experiences, locations, photos, and more to dozens of companies who host or transfer your data,” EFF Legal Director Cindy Cohn said.

“In light of that technological reality, we are gravely worried by the court’s conclusion that records about you that are collected by Internet services like Twitter, Facebook, Skype and Google are fair game for warrantless searches by the government.”

Among other things, O’Grady wrote in his 60-page decision that “the information sought was clearly material to establishing key facts related to an ongoing investigation and would have assisted a grand jury in conducting an inquiry into the particular matters under investigation.”

O’Grady, appointed to the United States District Court for the Eastern District of Virginia in 2007 by President George W. Bush, argued that because Twitter users “voluntarily” turned over their IP addresses when they signed up for an account, they lost any expectation of privacy.

In other words, simply because users click through opaque “Terms of Service” agreements with Twitter, Google, Facebook or any other internet vendor, “petitioners knew or should have known that their I.P. information was subject to examination by Twitter, so they had a lessened expectation of privacy in that information, particularly in light of their apparent consent to the Twitter terms of service and privacy policy.”

However, as security researcher Christopher Soghoian pointed out in Slight Paranoia, “The federal judge in the Wikileaks case cited in his order a version of Twitter’s privacy policy from 2010, rather than the very different policy that existed when Appelbaum, Gonggrijp and Jonsdottir created their Twitter accounts back in 2008.”

“That older policy,” Soghoian wrote, “actually promised users that Twitter would keep their data private unless they violated the company’s terms of service. It is unclear how the judge managed to miss this important detail.”

“There is a slight problem with relying on a privacy policy created on November 16, 2010 to decide the reasonable expectation of privacy of these three individuals: They created their Twitter accounts several years before the document was written.”

Indeed, as Soghoian observes, “not only is a federal judge ruling that 3 individuals have no reasonable expectation of privacy with regard to the government getting some of their Internet transaction data, but the judge isn’t even citing the right version of a widely ignored privacy policy to do so.”

“If the judge were to examine the privacy policy that existed when these three targets signed up for a Twitter account,” Soghoian concludes, “he might decide that they do in fact have a reasonable expectation of privacy and that the government needs a warrant to get the data.”

While true as far as it goes, and Soghoian should be commended for pointing out this glaring contradiction in the government’s case, readers are well aware that the WikiLeaks Twitter case is about politics not process, that is, moves by the secret state to clamp-down on dissent and dissenters, and not whether someone has read and “voluntarily” signed-off on a vendor’s “Terms of Service” agreement.

Among other things, O’Grady’s ruling revealed that the government was seeking not only IP addresses but “1. subscriber names, user names, screen names, or other identities; 2. mailing addresses, residential addresses, business addresses, e-mail addresses and other contact information; 3. connection records, or records of session times and durations; 4. length of service (including start date) and types of service utilized; 5. telephone or instrument number or other subscriber number or identity, including any temporarily assigned network address; and 6. means and source of payment for such service (including any credit card or bank account number) and billing records.”

It doesn’t take a computer forensics expert to conclude that the government, in obtaining “connection records,” will also get their hands on information about anyone else who corresponded or “followed” the activists on Twitter.

Kevin Bankston, a senior staff attorney with EFF told CNET News that the ruling means that “essentially any data about you collected by an Internet service is fair game for warrantless searches by the government.”

The District Court’s ruling can be situated within the wider context of the Obama administration’s unprecedented drive to criminalize whistleblowing.

The persecution of Julian Assange and other WikiLeaks supporters is a shot across the bow not only against those who leak sensitive information to the public that expose egregious acts by the well-connected, but at investigative journalists and researchers who in their course of their work uncover high crimes and misdemeanors by powerful corporations and governments.

As the World Socialist Web Site pointed out, “Assange’s real ‘crime’ is that, through its publication of a mass of secret US military documents, diplomatic cables and video footage, WikiLeaks has exposed the criminal character of the invasions and occupations of Afghanistan and Iraq and numerous other conspiracies carried out against the world’s people by Washington and its allies.”

Make no mistake, this ruling is a warning of further draconian moves to come.

It has since emerged that despite legal requirements that police do so only with a warrant and only if surveillance intercepts are used to prevent threats to “life, limb or liberty,” authorities are not complying with strict limits laid down by Germany’s Supreme Court.

And while these disclosures may have ignited a political firestorm in Berlin, they will come as no surprise to readers of Antifascist Calling.

Three years ago, I reported that Germany’s foreign intelligence service, the Bundesnachrichtendienst or BND, was caught up in a major scandal after the whistleblowing web site WikiLeaks, published documents which revealed that the agency had extensively spied on, and even recruited, journalists for use in illicit intelligence operations.

Recalling the CIA’s long-running Operation Mockingbird program that enrolled journalists as spies in what are now euphemistically called “influence operations,” the covert manipulation of the domestic and foreign press according to WikiLeaks, showed “the extent to which the collaboration of journalists with intelligence agencies has become common and to what dimensions consent is manufactured in the interests of those involved.”

BBC News reported that “Bavaria has admitted using the spyware, but claimed it had acted within the law.” And Deutsche Welle disclosed that “several additional German states have admitted to deploying spyware,” including “Baden-Württemberg, Brandenburg, Schleswig-Holstein and Lower Saxony,” but like their counterparts in Bavaria, those officials also claimed they had operated “within the parameters of the law.”

As I have written many times, the secret state is bound by their own set of “laws.” Normal rules and procedures which are supposed to protect citizens from unwarranted government intrusions are deemed inoperative for reasons of “national security.”

In the United States, constitutional protections designed to guarantee the right of citizens to protest, enjoy a modicum of privacy in their daily lives or, at the most basic level, have their day in court before being executed, have been overthrown by two successive administrations who assert the right to conduct the affairs of state in secret, according to a set of legal guidelines which are unreviewable by any court.

It would appear that similar moves are underway in Germany.

‘Backdoor Functionality’

The Chaos Computer Club revealed in their analysis that when they reverse engineered the program, variously dubbed “0zapftis”, “Bundestrojaner” or “R2D2,” they discovered that the spyware “found in the wild” and “submitted to the CCC anonymously,” can “not only siphon away intimate data but also offers a remote control or backdoor functionality for uploading and executing arbitrary other programs. Significant design and implementation flaws make all of the functionality available to anyone on the internet.”

Club researchers learned that “the trojan’s developers never even tried to put in technical safeguards to make sure the malware can exclusively be used for wiretapping internet telephony, as set forth by the constitution court. On the contrary, the design included functionality to clandestinely add more components over the network right from the start, making it a bridge-head to further infiltrate the computer.”

“The government malware can,” analysts noted, “unchecked by a judge, load extensions by remote control, to use the trojan for other functions, including but not limited to eavesdropping.”

“This complete control over the infected PC, is open not just to the agency that put it there, but to everyone. It could even be used to upload falsified ‘evidence’ against the PC’s owner, or to delete files, which puts the whole rationale for this method of investigation into question.”

Their study also “revealed serious security holes that the trojan is tearing into infected systems. The screenshots and audio files it sends out are encrypted in an incompetent way, the commands from the control software to the trojan are even completely unencrypted. Neither the commands to the trojan nor its replies are authenticated or have their integrity protected.”

“We were surprised and shocked by the lack of even elementary security in the code. Any attacker could assume control of a computer infiltrated by the German law enforcement authorities,” a CCC spokesperson commented. “The security level this trojan leaves the infected systems in is comparable to it setting all passwords to ’1234′.”

Nothing ‘Magical’ about this ‘Lantern’

There are glaring similarities between the “R2D2″ package deployed by German police and “Magic Lantern” software used by the FBI. As with Bureau spyware, the German program is a keystroke logging virus installed via a malicious email attachment or by exploiting operating system vulnerabilities.

When news of the FBI program first broke back in 2000, the Electronic Privacy Information Center (EPIC) obtained documents under a Freedom of Information Act request relating to the system, which were part of a suite of surveillance tools then called Carnivore.

At the time, EPIC revealed that the FBI “had developed an Internet monitoring system that would be installed at the facilities of an Internet Service Provider (ISP) and would monitor all traffic moving through that ISP.”

Once a user is spoofed into installing the malicious Trojan, it is activated when PGP encryption is used to enhance email security. When switched on, the Trojan will log the PGP password which will then allow the agents to read the encrypted communications unbeknownst to the sender. Since its first iteration in the 1990s, such programs are exponentially more sophisticated and are now capable of scooping-up virtually everything a user stores on a computer or handset.

A 2007 exposé by Wired Magazine revealed that Magic Lantern’s “computer and internet protocol address verifier” or CIPAV, “gathers a wide range of information, including the computer’s IP address; MAC address; open ports; a list of running programs; the operating system type, version and serial number; preferred internet browser and version; the computer’s registered owner and registered company name; the current logged-in user name and the last-visited URL.”

And once that data was obtained, it was siphoned-off to the Bureau’s technology laboratory in Quantico, Virginia via fiber optic splitter cables.

As whistleblower Babak Pasdar revealed in 2008, following earlier disclosures by AT&T whistleblower Mark Klein, Verizon, and other giant telecommunications firms, including AT&T, maintained a high-speed DS-3 digital line that handed the Bureau and other security agencies “unfettered” access to the carrier’s wireless network, including billing records and customer data “transmitted wirelessly.”

Just after the scandal broke, Wired Magazine disclosed that “two years before the Bavarian state in Germany began using a controversial spy tool to gather evidence from suspect computers, German authorities approached the Federal Bureau of Investigation to discuss a similar tool the U.S. law enforcement agency was using.”

“Bavarian authorities,” Wired reported, “began using their spyware in 2009. It’s not known if that spyware is based on the FBI’s, but in July 2007, German authorities contacted the FBI seeking information about its tool.”

The FBI’s assistant legal attache in Frankfurt “sent an email to Bureau colleagues on July 24, 2007, writing, ‘I am embarrassed to be approaching you again with a request from the Germans … but they now have asked us about CIPAV (Computer Internet Protocol Address Verifier) software, allegedly used by the Bu[reau]‘.”

The email uncovered by Wired was part of a huge cache of files obtained by the Electronic Frontier Foundation (EFF) in response to their 2007 Freedom of Information Act request for data on CIPAV.

In the years since those disclosures, secret state surveillance is more pervasive than ever and and now includes the “lawful interception” of GPS locational data streamed automatically to their manufacturers or hosting services by smart phones.

It appears that German secret state officials are playing a similar game. According to Der Spiegel, at least two agencies, the Bundeskriminalamt, or BKA, the federal crime investigation agency equivalent to the FBI, and some 16 Landeskriminalamt or LKAs, regional investigative bureaus, may have deployed the malware during wide-ranging investigations unrelated to terrorism.

Following Chaos Computer Club revelations, it is clear that German authorities have been caught red-handed violating a landmark decision by the Supreme Court. “The court,” Der Spiegel noted, “specified that online spying was only permissible if there was concrete evidence of danger to individuals or society.”

In a follow-up piece, Der Spiegel disclosed that the firm DigiTask was the spyware’s developer. Along with hundreds of similar firms, DigiTask is a niche security outfit that develops applications for the so-called “lawful interception” market.

In 2008, WikiLeaks released two documents concerning “interception technology for Skype and SSL in Bavaria, Germany. The first document is a communication by the Bavarian Ministry of Justice to the prosecutors office, relating to cost distribution for the interception licenses between police and prosecution. The second document allegedly presents the offer made by Digitask, the German company developing the technology, and holds information on pricing and license model, high-level technology descriptions and other detail.”

According to the WikiLeaks analysis, the DigiTask offer “introduces a basic description of the cryptographic workings of Skype, and concludes that new systems are needed to spy on Skype calls.”

We were informed in that letter that German police were interested in standing-up a “Skype Capture Unit.”

“In a nutshell: malware is installed onto a target machine, to intercept Skype Voice and Chat. Another feature introduced is a recording proxy, that is not part of the offer, yet would allow for anonymous proxying of recorded information to a target recording station. Access to the recording station is possible via a multimedia streaming client, supposedly offering real-time interception.”

“Another part of the offer,” WikiLeaks noted, was related to “an interception method for SSL based communication, working on the same principle of establishing a man-in-the-middle attack on the key material on the client machine. According to the offer, this method works for Internet Explorer and Firefox web browsers. Digitask also recommends using overseas proxy servers, to cover the tracks of all activities.”

As it turns out those proxy servers were conveniently located in the United States. This raises the distinct possibility that information captured by German secret state officials is also being shared with “partner agencies” of their close NATO ally, the CIA, FBI and NSA.

This was confirmed by CCC’s analysis of R2D2′s code. “To avoid the location of the command and control server, all data is redirected through a rented dedicated server in a data center in the USA. The control of this malware is only partially within the borders of its jurisdiction.”

“Considering the incompetent encryption and the missing digital signatures on the command channel, this poses an unacceptable and incalculable risk. It also poses the question how a citizen is supposed to get their right of legal redress in the case the wiretapping data get lost outside Germany, or the command channel is misused.”

The short answer is, they can’t.

Aside from lining the pockets of DigiTask shareholders, there are more sinister uses for the malware. As the World Socialist Web Site noted “the remote-control function could be used to load and execute malicious software, and to plant bogus digital evidence on the computer, which can then be detected if the computer was seized. A suspect would have no way of proving that this had happened.”

This would certainly be a convenient way to “neutralize” a troublesome politician, journalist or over-eager anticorporate campaigner.

‘Less Democracy’

Following similar efforts in the United States, evidence that police are illegally spying on German citizens using sophisticated malware developed for the government are neither benign nor accidental events.

As a recent article in German Foreign Policy disclosed, leading voices in Europe’s largest state are “pleading for a transition toward ‘less democracy’.” A recent book, published under the title, Dare Less Democracy, claims that the “voice of the people” and the “‘emancipatory Zeitgeist, putting everything into question,’ has a too ‘paralyzing influence” on current governance’.”

“The author,” the critical online leftist magazine observes, “demands to ‘correct the system’ for ‘more efficient policy making.’ These ‘corrections’ must include the dismantlement of democratic participation.”

Author Laszlo Trankovits, the bureau chief of the Deutsche Presse Agentur in South Africa, who had previously worked for the agency in Washington “as its White House correspondent,” explained “it should never be suggested that a ‘democratic society can do away with inequality and establish social justice’.”

“Trankovits,” German Foreign Policy notes, is “a member of the elitist Rotary-Club.” He demands that “the elite clearly ‘commits itself to capitalism and profit,’ and that ‘intelligent forms of public relations’ be used to communicate policy measures to the population. However, the demand for more ‘transparency’ is ‘counterproductive and paralyzing’ for any ‘governance efficiency’ and must be rejected.”

That drivel such as this was penned by a journalist for Germany’s leading news agency, to whit, that the media should serve as a propaganda mouthpiece for casino capitalist interests, is one more sign that democratic norms, already seriously eroded in the West, are now being rapidly jettisoned by our political masters.

With the global capitalist system on the verge of a repeat performance of the 2008 meltdown, and with a worldwide resurgence of opposition to the one-sided costs of saving a system of financial plunder borne by the working class, elite calls for “less democracy” are warning signs that stern measures, including blanket surveillance and naked police violence, are in the offing.

As The Washington Post reported last month, the “commingling” of CIA officers, JSOC paramilitary troops and contractors “occupy an expanding netherworld between intelligence and military operations” where “congressional intelligence and armed services committees rarely get a comprehensive view.”

Or any “view” at all, which is precisely what the CIA and Pentagon have long desired; an oversight-free zone where American policymakers operate, as Dick Cheney infamously put it, on the “dark side,” a position fully-embraced by the “hope and change” administration of Barack Obama.

Awlaki’s state-sponsored killing, like the May 2 murder of Osama Bin Laden in Abbottabad, Pakistan, resurfaces many unanswered questions concerning the 9/11 attacks, the so-called trigger for America’s global “War on Terror.”

But before turning to those issues, it is necessary to take a detour and examine administration actions; specifically the deliberations undertaken by Obama’s national security team which culminated in Awlaki’s death.

White House “Death Panel”

Unlike the fantasies of the corporate-controlled Tea Party who charged during the run-up to the White House sell-out of health care reform that the administration would create “death panels” to deny care to the elderly, it has since emerged that Team Obama has stood-up the authentic article.

According to The Washington Post, President Obama’s Justice Department “wrote a secret memorandum authorizing the lethal targeting” of Awlaki. The Post reports that the memorandum “was produced following a review of the legal issues raised by striking a U.S. citizen and involved senior lawyers from across the administration. There was no dissent about the legality of killing Aulaqi.”

That memorandum, according to The New York Times, was drafted in June 2010, some six months after Awlaki had been placed on the White House hit list, by Office of Legal Counsel attorneys “David Barron and Martin Lederman.”

Both former OLC lawyers are prominent “liberals” from prestigious universities; Barron at Harvard and Lederman at Georgetown University.

Ironically enough, in several scholarly articles they had railed against the previous administration’s adaptation of the “Unitary Executive Theory” promulgated by “torture memo” authors Jay Bybee and John Yoo.

Under Bush, OLC opinions were used to justify everything from warrantless wiretapping, the domestic deployment of the military to arrest Americans, to the torture and indefinite detention of “terrorist” suspects at the Guantánamo Bay prison gulag and CIA “black sites.”

This, of course, begs the question: if Awlaki’s murder was “legal,” why then was the authorization to do so reached in camera by officials following a deliberative process which can’t be shared with the public because of “national security”?

The answer should be chilling and shocking to all Americans: because the nucleus of a death squad state recalling those stood up in Chile and Argentina during the “dirty war” period of the 1970s may now exist.

Reuters disclosed that Americans “are placed on a kill or capture list by a secretive panel of senior government officials, which then informs the president of its decisions, according to officials.”

“There is no public record of the operations or decisions of the panel,” reporter Mark Hosenball wrote, “which is a subset of the White House’s National Security Council. … Neither is there any law establishing its existence or setting out the rules by which it is supposed to operate.”

According to Reuters, “targeting recommendations are drawn up by a committee of mid-level National Security Council and agency officials. Their recommendations are then sent to the panel of NSC ‘principals,’ meaning Cabinet secretaries and intelligence unit chiefs, for approval.”

A “former official” told Hosenball that “one of the reasons for making senior officials principally responsible for nominating Americans for the target list was to ‘protect’ the president,” i.e., provide Obama legal cover under the thin veneer afforded by “plausible deniability.”

McClatchy News reported that “broadly speaking” White House orders to kill Awlaki were based on claims that “the nation’s inherent right of self-defense [is] recognized under international law.” However, “international law also imposes limits: Targeted killing is banned except to protect against ‘concrete, specific and imminent’ danger.”

And although the administration now claims that Awlaki was targeted for death because “his role in AQAP had gone ‘from inspirational to operational’,” Reuters disclosed that “officials acknowledge that some of the intelligence purporting to show Awlaki’s hands-on role in plotting attacks was patchy.”

In fact, the White House has failed to provide any proof whatsoever that Awlaki posed an “imminent danger” to the United States, although there is considerable evidence that he was on the radar of U.S. and allied secret state intelligence agencies for more than a decade, had close ties to several of the 9/11 hijackers and could have been picked up and indicted at any time.

Instead, federal law enforcement officials gave Awlaki a green light to leave the United States, unlike thousands of innocent Muslim-Americans swept-up and detained by the FBI in the post-9/11 hysteria that followed the attacks.

A “former military intelligence officer who worked with special operations troops to hunt down high-value terrorism targets,” told the right-wing Washington Times: “I think it’s pretty easy to understand why they didn’t take him alive. Would you want to deal with the hassle of trying to put him on trial, an American citizen that has gotten so much press for being the target of a CIA kill order? That would be a nightmare. The ACLU would be crawling all over the Justice Department for due process in an American court.”

That about sums up the dominant mindset of an Empire in sharp decline: the rule of law and due process for criminal suspects reduced to a “hassle.”

Slouching Towards Dictatorship

Obama’s national security team justified whacking Awlaki, as with their earlier hit on Osama Bin Laden, by referencing the Bush-era Authorization for Use of Military Force (AUMF), hastily passed by Congress in the wake of the 9/11 attacks.

“A decade later,” McClatchy reported, “the Obama administration contends that this wartime authority remains even if it’s evolved for reasons the administration won’t fully elucidate.”

The relevant section of AUFM reads: “IN GENERAL — That the President is authorized to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored such organizations or persons, in order to prevent any future acts of international terrorism against the United States by such nations, organizations or persons.” (emphasis added)

Readers will undoubtedly note that in passing the resolution, Congress not only ceded its authority to declare war to the Executive Branch but also planted the seeds of the administration’s preemptive war doctrines along with an unprecedented expansion of its domestic surveillance powers.

More pertinently is the reason why the administration “won’t fully elucidate” how the Bush-era AUMF “evolved” chiefly due to the fact that secret annexes now exist which authorize the killing of Americans, not only in Yemen or other “War on Terror” fronts, but right here in the United States itself?

After all, it’s not beyond the Obama administration to play fast and loose with the truth or hide repressive policies under layers of top secret presidential “findings” or a multitude of CIA and Pentagon black programs, as did the previous Bush government.

Recall that during the run-up to the reauthorization of three expiring provisions of the USA Patriot Act, civil libertarians decried the use of secret legal memos justifying everything from unchecked access to internet and telephone records to the deployment of government-sanctioned malware on private computers during “national security” investigations.

Recall too, that the Obama administration, as The New York Times disclosed in June, handed the FBI “significant new powers to its roughly 14,000 agents, allowing them more leeway to search databases, go through household trash or use surveillance teams to scrutinize the lives of people who have attracted their attention.”

These “news rules,” the Times averred, will give agents “more latitude” to investigate citizens even when there is no evidence they have exhibited “signs of criminal or terrorist activity.”

It gets worse.

Last month, The New York Times revealed that the FBI “is permitted to include people on the government’s terrorist watch list even if they have been acquitted of terrorism-related offenses or the charges are dropped.”

Under these new standards, the Bureau may deem someone a “known or suspected terrorist,” not based on evidence gathered through a criminal investigation, but solely if officials have “particularized derogatory information,” including that derived from First Amendment protected activities, to support to support an individuals’ watch listing or placement on a “no-fly” list.

One administration wag, speaking on condition of anonymity because to do otherwise would reveal “closely held deliberations within the administration,” but did so anyway because this was clearly a sanctioned leak to stenographer Peter Finn, told The Washington Post that “what constitutes due process in [the Awlaki case] is a due process in war.”

“The administration officials refused to disclose the exact legal analysis used to authorize targeting Aulaqi,” Finn wrote, “or how they considered any Fifth Amendment right to due process.”

We now know, thanks to Reuters, that authorization came from a White House death panel, an extra-constitutional committee of anonymous officials operating outside the rule of law.

As we have seen since Barack Obama took office, as under the previous Bush government, the Constitution is a meaningless scrap of paper with some words on it, duly trotted out on national holidays only to be cast aside in practice; that is, when it isn’t used as a rhetorical hammer against assorted “new Hitlers” or geopolitical rivals whose resources corporate America seek to “liberate.”

Dead Men Tell No Tales

As toxic to democratic norms and the rule of law as the Awlaki affair clearly is, there are underlying parapolitical themes surrounding his murder which strengthen suspicions that what took place in Yemen on September 30 is more than just another story about an overt power grab by the Executive Branch.

While the government and media continue to cover-up the role played by the CIA and other secret state agencies in alleged intelligence “failures” leading up to the 9/11 attacks, evidence suggests that the Awlaki killing, as with last May’s murder of former bête noire and on-again, off-again ally, Osama Bin Laden, may have been a “clean-up” operation designed to remove inconvenient witnesses with knowledge of Agency involvement in the plot.

As Antifascist Calling reported nearly two years ago in the wake of the aborted 2009 bombing of Northwest Airlines Flight 253 on Christmas Day over Detroit, a plot for which Awlaki was accused of orchestrating, though evidence can’t be supplied because it’s “secret,” The Washington Post disclosed that Awlaki had extensive contacts with 9/11 hijackers Nawaf Alhazmi, Khalid Almihdhar and Hani Hanjour who “had spent time at his mosques in California and Falls Church.”

In a series of 2010 articles (here, here, here and here), I reported on the stark parallels between September 11 and the Flight 253 affair.

And as with the 2001 attacks we were told “changed everything,” far from being a failure to “connect the dots,” intelligence and law enforcement officials possessed sufficient information that should have prevented accused bomber, Umar Farouk Abdulmutallab, from boarding that plane and placing the lives of nearly 300 air passengers at risk.

And while Awlaki wasn’t given a free pass by the administration in that botched attack, earlier government failures to apprehend him certainly set the stage.

According to History Commons, “shortly before the [FBI] investigation [into Awlaki's alleged ties to the now-shuttered Holy Land Foundation] is closed,” in 2000, Awlaki “is beginning to associate with hijackers Nawaf Alhazmi and Khalid Almihdhar shortly before the investigation ends.”

“For instance,” History Commons avers, “on February 4, one month before the FBI investigation is closed, al-Awlaki talks on the telephone four times with hijacker associate [and suspected Saudi intelligence agent] Omar al-Bayoumi.”

“The 9/11 Commission will later speculate that these calls are related to Alhazmi and Almihdhar, since al-Bayoumi is helping them that day, and that Alhazmi or Almihdhar may even have been using al-Bayoumi’s phone at the time. Al-Bayoumi had also been the subject of an FBI counterterrorism investigation in 1999.”

Keep in mind that at least two of the hijackers, Nawaf Alhazmi and Khalid Almihdhar, figure prominently in recent revelations by researcher Kevin Fenton, the author of Disconnecting the Dots.

In a recent conversation with Boiling Frogs Post’s Sibel Edmonds and Peter B. Collins, Fenton said that during the course of his investigation, drawn from the Congressional 9/11 Joint Inquiry, the 9/11 Commission, the Justice Department’s Inspector General’s report, and the CIA’s still-redacted Inspector General’s report, he discovered that the CIA had deliberately withheld information from the FBI that the future hijackers had entered the United States with multiple entry visas issued in Jeddah, Saudi Arabia.

Even though the Agency had identified the pair as international terrorists who attended a 2000 Al-Qaeda summit in Malaysia where they and others, including Khalid Shaikh Mohammed and Khallad Bin Attash, one of the principle architects of the 1998 U.S. Embassy bombings in Kenya and Tanzania, planned the assault on the USS Cole and the 9/11 attacks, they kept this from the FBI, information that could have led straight to the heart of Al-Qaeda’s “planes operation.”

Fenton provides substantial evidence that the CIA’s Alec Station Director Richard Blee and deputy, Tom Wilshire, concealed intelligence from investigators, concluding this “information was intentionally omitted in order to allow an al-Qaeda attack to go forward against the United States.”

As part of this continuing cover-up, Awlaki’s ties to the 9/11 hijackers were far more extensive than secret state officials have led us to believe.

In fact, although the Obama administration has justified killing Awlaki with false claims that he was AQAP’s “external operations” chief, his role before 9/11 was substantially more significant from an investigatory perspective: that of a “fixer,” first in San Diego where he assisted Saudi spook Omar al-Bayoumi in “settling” Alhazmi and Almihdhar, and later in Falls Church, Virginia, where he did the same for Hani Hanjour.

In 2002, Newsweek revealed that “some federal investigators suspect that al-Bayoumi could have been an advance man for the 9-11 hijackers, sent by Al Qaeda to assist the plot that ultimately claimed 3,000 lives.”

“Two months after al-Bayoumi began aiding Alhazmi and Almihdhar,” Newsweek disclosed, “al-Bayoumi’s wife began receiving regular stipends, often monthly and usually around $2,000, totaling tens of thousands of dollars.

Payments arrived “in the form of cashier’s checks, purchased from Washington’s Riggs Bank by Princess Haifa bint Faisal, the daughter of the late King Faisal and wife of Prince Bandar, the Saudi envoy who is a prominent Washington figure and personal friend of the Bush family.”

With startling similarities to the Awlaki case, ten days after the attacks, al-Bayoumi is picked up by British authorities in London, where he had relocated in July 2001, at the request of the FBI. Although his phone calls, bank accounts and associations are scrutinized, the Bureau claim they found no connections to terrorism.

The Washington Post will report that by 2002 the FBI had concluded, the same year Awlaki leaves the U.S., “that no evidence could be found of any organized domestic effort to aid the hijackers.”

Recall that new information linking some members of the Saudi royal family and its intelligence apparatus to the attacks has recently surfaced. Last month, The Miami Herald revealed that two weeks before the kamikaze assaults on the World Trade Center and the Pentagon, a Saudi family “abruptly vacated their luxury home near Sarasota, leaving a brand new car in the driveway, a refrigerator full of food, fruit on the counter–and an open safe in a master bedroom.”

Investigative reporters Anthony Summers and Dan Christensen learned that “law enforcement agents not only discovered the home was visited by vehicles used by the hijackers, but phone calls were linked between the home and those who carried out the death flights–including leader Mohamed Atta–in discoveries never before revealed to the public.”

“Ten years after the deadliest attack of terrorism on U.S. soil,” Summers and Christensen wrote, “new information has emerged that shows the FBI found troubling ties between the hijackers and residents in the upscale community in southwest Florida, but the investigation wasn’t reported to Congress or mentioned in the 9/11 Commission Report.”

In a follow-up piece that significantly advanced the story, researcher Russ Baker reported on the WhoWhatWhy web site “that those alleged confederates were closely tied to influential members of the Saudi ruling elite.”

Building on information first disclosed by the Herald, Baker, the author of Family of Secrets, reports that this “now-revealed link” between those who consorted with the hijackers in Florida “and the highest ranks of the Saudi establishment, reopens questions about the White House’s controversial approval for multiple charter flights allowing Saudi nationals to depart the U.S., beginning about 48 hours after the attacks, without the passengers being interviewed by law enforcement–despite the identification of the majority of the hijackers as Saudis.”

Is there a pattern between the hands-off treatment afforded well-connected Saudis and Anwar al-Awlaki’s casual, and inexplicable, flight from the United States?

“After 9/11″ History Commons points out, “the FBI will question al-Awlaki, and he will admit to meeting with Alhazmi several times, but say he does not remember what they discussed. He will not claim to remember Almihdhar at all.” Other accounts suggest that the relationship was much closer.

“The 9/11 Congressional Inquiry,” History Commons avers, “claim that Alhazmi and Almihdhar ‘were closely affiliated with [al-Awlaki] who reportedly served as their spiritual adviser during their time in San Diego. … Several persons informed the FBI after September 11 that this imam had closed-door meetings in San Diego with Almihdhar, Alhazmi, and another individual, whom al-Bayoumi had asked to help the hijackers’.”

“Around August 2000,” History Commons reports, “al-Awlaki resigns as imam and travels to unknown ‘various countries.’ In early 2001, he will be appointed the imam to a much larger mosque in Falls Church, Virginia. During this time frame, Alhazmi, Almihdhar, and fellow hijacker Hani Hanjour will move to Virginia and attend al-Awlaki’s mosque there.”

Anecdotally, in 2003 Newsweek reports: “Lincoln Higgie, an antiques dealer who lived across the street from the mosque where Aulaqi used to lead prayer, told Newsweek that he distinctly recalls the imam knocking on his door in the first week of August 2001 to tell him he was leaving for Kuwait. ‘He came over before he left and told me that something very big was going to happen, and that he had to be out of the country when it happened,’ recalls Higgie.”

The antiques dealer later told The New York Times, that when he learned that Awlaki would be permanently leaving San Diego, “he told the imam to stop by if he was ever in the area–and got a strange response.” Higgie said, “‘I don’t think you’ll be seeing me. I won’t be coming back to San Diego again. Later on you’ll find out why’.”

Although the FBI suspected Awlaki “had some connection with the 9/11 plot,” authorities claim there wasn’t enough evidence to charge him, nor can he be deported because he’s an American citizen. And when the Bureau hatched an ill-conceived plan to arrest him on an obscure charge of “transporting prostitutes across state lines,” that plan collapsed when Awlaki left the U.S. in March 2002.

“But on October 10, 2002,” History Commons reports, “he makes a surprise return to the U.S.” Although his name is on a terrorist watch list and he is detained by Customs’ officials when he lands in New York, they are informed by the FBI that “his name was taken off the watch list just the day before. He is released after only three hours.”

“Throughout 2002,” History Commons informs us, Awlaki is the “subject of an active Customs investigation into money laundering called Operation Greenquest, but he is not arrested for this either, or for the earlier contemplated prostitution charges. At the time, the FBI is fighting Greenquest, and Customs officials will later accuse the FBI of sabotaging Greenquest investigations.”

Awlaki again leaves the U.S., this time for good. Although the FBI admits they were “very interested” in Awlaki, they fail to stop him leaving the country. One FBI source told U.S. News and World Report, “We don’t know how he got out.”

Inexplicably however, it was not until 2008 that secret state officials concluded that Awlaki was an Al-Qaeda operative! This beggars belief, and raises the question as to why he was allowed to leave in the first place. It certainly can’t be for lack of evidence or that when Awlaki set-up shop, first in London and finally in Yemen, he is continually under surveillance by British, Yemeni and American intelligence agencies.

Although interviewed four times by the FBI after September 11, the Bureau concluded, according to The New York Times, that Awlaki’s “contacts with the hijackers and other radicals were random.”

Other investigators, however, disagreed. “One detective,” the Times reported, whose name has been scrubbed from 9/11 Commission files, told staff that he believed Awlaki “was at the center of the 9/11 story.” At the time of the Flight 253 affair, I wrote that “despite, or possibly because of these dubious connections he was allowed to leave the country.”

In fact, the curious disinterest exhibited by authorities in bringing Awlaki to ground following September 11, were neither “errors in judgement” nor “mistakes” by overtaxed investigators but are rather, a modus operandi which suggests that Awlaki and others were part of a CIA domestic operation which allowed the 9/11 plot to go forward.

Nothing in what I have written above should be construed as justification for the extrajudicial assassination of Anwar al-Awlaki. In fact, the opposite conclusion can be drawn. The available evidence indicates that Awlaki could have been arrested multiple times. At the least serious end of the criminal justice spectrum he could have been charged with providing “material support to a designated foreign terrorist organization,” to whit, Al-Qaeda, and legally taken out of circulation.

That he wasn’t and continued to operate freely as a propagandist, despite substantial corroboration from multiple law enforcement sources that he was a key figure in the pre-9/11 domestic support network, suggests that Awlaki may have been a double agent, albeit one who had decidedly gone “off the reservation.”

Awlaki’s handling by authorities raise serious questions about just how extensive U.S. support for Al-Qaeda was prior to, and possibly even after the September 11 attacks, particularly in resource-rich global hot-spots.

As numerous journalists and researchers have painstakingly documented, Al-Qaeda, allied terrorist outfits and international narco-trafficking networks have a long, sordid history of supporting U.S. covert operations that targeted America’s geopolitical rivals even as Bin Laden’s far-flung organization plotted to attack the United States itself.

In this light, Awlaki’s “targeted killing” as with the earlier hit on Osama Bin Laden, may be part of a larger CIA/Pentagon operation to remove inconvenient participants and witnesses from the scene who might have a thing or two to say about the crimes and intrigues hatched by the imperialist Empire.

After all, dead men tell no tales…

As corporate overlords position themselves to seize what little remains of a tattered social net (adieu Medicare and Medicaid! Social Security? Au revoir!), the Obama administration is moving at break-neck speed to expand police state programs first stood-up by the Bush government.

After all, with world share prices gyrating wildly, employment and wages in a death spiral, and retirement funds and publicly-owned assets swallowed whole by speculators and rentier scum, the state better dust-off contingency plans lest the Greek, Spanish or British “contagion” spread beyond the fabled shores of “old Europe” and infect God-fearin’ folk here in the heimat.

Fear not, they have and the lyrically-titled Civil Disturbances: Emergency Employment of Army and Other Resources, otherwise known as Army Regulation 500-50, spells out the “responsibilities, policy, and guidance for the Department of the Army in planning and operations involving the use of Army resources in the control of actual or anticipated civil disturbances.” (emphasis added)

With British politicians demanding a clampdown on social media in the wake of London riots, and with the Bay Area Rapid Transit (BART) agency having done so last week in San Francisco, switching off underground cell phone service to help squelch a protest against police violence, authoritarian control tactics, aping those deployed in Egypt and Tunisia (that worked out well!) are becoming the norm in so-called “Western democracies.”

Secret Law, Secret Programs

Meanwhile up on Capitol Hill, Congress did their part to defend us from that pesky Bill of Rights; that is, before 81 of them–nearly a fifth of “our” elected representatives–checked-out for AIPAC-funded junkets to Israel.

Secrecy News reported that the Senate Intelligence Committee “rejected an amendment that would have required the Attorney General and the Director of National Intelligence to confront the problem of ‘secret law,’ by which government agencies rely on legal authorities that are unknown or misunderstood by the public.”

That amendment, proposed by Senators Ron Wyden (D-OR) and Mark Udall (D-CO) was rejected by voice vote, further entrenching unprecedented surveillance powers of Executive Branch agencies such as the FBI and NSA.

As Antifascist Calling previously reported, the Electronic Frontier Foundation filed a Freedom of Information Act lawsuit against the Justice Department “demanding the release of a secret legal memo used to justify FBI access to Americans’ telephone records without any legal process or oversight.”

The DOJ refused and it now appears that the Senate has affirmed that “secret law” should be guiding principles of our former republic.

Secrecy News also disclosed that the Committee rejected a second amendment to the authorization bill, one that would have required the Justice Department’s Inspector General “to estimate the number of Americans who have had the contents of their communications reviewed in violation of the FISA Amendments Act of 2008 [FAA].”

As pointed out here many times, FAA is a pernicious piece of Bushist legislative detritus that legalized the previous administration’s secret spy programs since embellished by our current “hope and change” president.

During the run-up to FAA’s passage, congressional Democrats, including then-Senator Barack Obama and his Republican colleagues across the aisle, claimed that the law would “strike a balance” between Americans’ privacy rights and the needs of security agencies to “stop terrorists” attacking the country.

If that’s the case, then why can’t the American people learn whether their rights have been compromised?

Perhaps, as recent reports in Truthout and other publications suggest, former U.S. counterterrorism “czar” Richard Clarke leveled “explosive allegations against three former top CIA officials — George Tenet, Cofer Black and Richard Blee — accusing them of knowingly withholding intelligence … about two of the 9/11 hijackers who had entered the United States more than a year before the attacks.”

Clarke’s allegations follow closely on the heels of an investigation by Truthout journalists Jeffrey Kaye and Jason Leopold.

“Based on on documents obtained under the Freedom of Information Act and an interview with a former high-ranking counterterrorism official,” Kaye and Leopold learned that “a little-known military intelligence unit, unbeknownst to the various investigative bodies probing the terrorist attacks, was ordered by senior government officials to stop tracking Osama bin Laden and al-Qaeda’s movements prior to 9/11.”

As readers are well aware, the 9/11 provocation was the pretext used by the capitalist state to wage aggressive resource wars abroad while ramming through repressive legislation like the USA Patriot Act and the FISA Amendments Act that targeted the democratic rights of the American people here at home.

But FAA did more then legitimate illegal programs. It also handed retroactive immunity and economic cover to giant telecoms like AT&T and Verizon who profited handily from government surveillance, shielding them from monetary damages which may have resulted from a spate of lawsuits such as Hepting v. AT&T.

This raises the question: are other U.S. firms similarly shielded from scrutiny by secret annexes in FAA or the privacy-killing USA Patriot Act?

Echelon Cubed

Last week, Softpedia revealed that “Google has admitted complying with requests from US intelligence agencies for data stored in its European data centers, most likely in violation of European Union data protection laws.”

“At the center of this problem,” reporter Lucian Constantin wrote, “is the USA PATRIOT ACT, which states that companies incorporated in the United States must hand over data administered by their foreign subsidiaries if requested.”

“Not only that,” the publication averred, “they can be forced to keep quiet about it in order to avoid exposing active investigations and alert those targeted by the probes.”

In other words, despite strict privacy laws that require companies operating within the EU to protect the personal data of their citizens, reports suggest that U.S. firms, operating under an entirely different legal framework, U.S. spy laws with built-in secrecy clauses and gag orders, trump the laws and legal norms of other nations.

Given the widespread corporate espionage carried out by the National Security Agency’s decades-long Echelon communications’ intercept program, American firms such as Google, Microsoft, Apple or Amazon may very well have become witting accomplices of U.S. secret state agencies rummaging about for “actionable intelligence” on EU, or U.S., citizens.

Indeed, a decade ago the European Union issued its final report on the Echelon spying machine and concluded that the program was being used for corporate and industrial espionage and that data filched from EU firms was being turned over to American corporations.

In 2000, the BBC reported that according to European investigators “U.S. Department of Commerce ‘success stories’ could be attributed to the filtering powers of Echelon.”

Duncan Campbell, a British journalist and intelligence expert, who along with New Zealand journalist Nicky Hager, helped blow the lid off Echelon, offered two instances of U.S. corporate spying in the 1990s when the newly-elected Clinton administration followed up on promises of “aggressive advocacy” on behalf of U.S. firms “bidding for foreign contracts.”

According to Campbell, NSA “lifted all the faxes and phone-calls between Airbus, the Saudi national airline and the Saudi Government” to gain this information. In a second case which came to light, Campbell documented how “Raytheon used information picked up from NSA snooping to secure a $1.4bn contract to supply a radar system to Brazil instead of France’s Thomson-CSF.”

As Softpedia reported, U.S.-based cloud computing services operating overseas have placed “European companies and government agencies that are using their services … in a tough position.”

With the advent of fiber optic communication platforms, programs like Echelon have a far greater, and more insidious, reach. AT&T whistleblower Mark Klein noted on the widespread deployment by NSA of fiber optic splitters and secret rooms at American telecommunications’ firms:

What screams out at you when examining this physical arrangement is that the NSA was vacuuming up everything flowing in the Internet stream: e-mail, web browsing, Voice-Over-Internet phone calls, pictures, streaming video, you name it. The splitter has no intelligence at all, it just makes a blind copy. There could not possibly be a legal warrant for this, since according to the 4th Amendment warrants have to be specific, “particularly describing the place to be searched, and the persons or things to be seized. …

This was a massive blind copying of the communications of millions of people, foreign and domestic, randomly mixed together. From a legal standpoint, it does not matter what they claim to throw away later in their secret rooms, the violation has already occurred at the splitter. (Mark Klein, Wiring Up the Big Brother Machine… And Fighting It, Charleston, South Carolina: BookSurge, 2009, pp. 38-39.)

What was Google’s response?

In a statement to the German publication WirtschaftsWoche a Google corporate spokesperson said:

As a law abiding company, we comply with valid legal process, and that–as for any U.S. based company–means the data stored outside of the U.S. may be subject to lawful access by the U.S. government. That said, we are committed to protecting user privacy when faced with law enforcement requests. We have a long track record of advocating on behalf of user privacy in the face of such requests and we scrutinize requests carefully to ensure that they adhere to both the letter and the spirit of the law before complying.” (translation courtesy of Public Intelligence)

Is the Senate Intelligence Committee’s steadfast refusal to release documents and secret legal memos that most certainly target American citizens also another blatant example of American exceptionalism meant to protect U.S. firms operating abroad from exposure as corporate spies for the government?

It isn’t as if NSA hasn’t been busy doing just that here at home.

As The New York Times reported back in 2009, the “National Security Agency intercepted private e-mail messages and phone calls of Americans in recent months on a scale that went beyond the broad legal limits established by Congress last year.”

Chalking up the problem to “overcollection” and “technical difficulties,” unnamed intelligence officials and administration lawyers told journalists Eric Lichtblau and James Risen that although the practice was “significant and systemic … it was believed to have been unintentional.”

As “unintentional” as ginned-up intelligence that made the case for waging aggressive war against oil-rich Iraq!

In a follow-up piece, the Times revealed that NSA “appears to have tolerated significant collection and examination of domestic e-mail messages without warrants.”

A former NSA analyst “read into” the illegal program told Lichtblau and Risen that he “and other analysts were trained to use a secret database, code-named Pinwale, in 2005 that archived foreign and domestic e-mail messages.”

Email readily handed over by Google, Microsoft or other firms “subject to lawful access” by the Pentagon spy satrapy?

The Times’ anonymous source said “Pinwale allowed N.S.A. analysts to read large volumes of e-mail messages to and from Americans as long as they fell within certain limits–no more than 30 percent of any database search, he recalled being told–and Americans were not explicitly singled out in the searches.”

Nor, were they excluded from such illicit practices.

As Jane Mayer revealed in The New Yorker, “privacy controls” and “anonymizing features” of a program called ThinThread, which would have complied with the law if Americans’ communications were swept into NSA’s giant eavesdropping nets, were rejected in favor of the “$1.2 billion flop” called Trailblazer.

And, as previously reported, when Wyden and Udall sought information from the Office of the Director of National Intelligence on just how many Americans had their communications monitored, the DNI stonewalled claiming “it is not reasonably possible to identify the number of people located in the United States whose communications may have been reviewed under the authority.”

Why? Precisely because such programs act like a giant electronic sponge and soak up and data mine huge volumes of our communications.

As former NSA manager and ThinThread creator Bill Binney told The New Yorker, that “little program … got twisted” and was “used to eavesdrop on the whole world.”

Three years after Barack Obama promised to curb Bush administration “excesses,” illegal surveillance programs continue to expand under his watch.

A Permanent “State of Exception”

Under our current political set-up, “states of exception” and national security “emergencies” have become permanent features of social life.

Entire classes of citizens and non-citizens alike are now suspect; anarchists, communists, immigrants, Muslims, union activists and political dissidents in general are all subject to unprecedented levels of scrutiny and surveillance.

From “enhanced security screenings” at airports to the massive expansion of private and state databases that archive our spending habits, whom we talk to and where we go, increasingly, as the capitalist system implodes and millions face the prospect of economic ruin, the former American republic takes on the characteristics of a corporate police state.

Security researcher and analyst Christopher Soghoian reported on his Slight Paranoia blog, that according to “an official DOJ report, the use of ‘emergency’, warrantless requests to ISPs for customer communications content has skyrocketed over 400% in a single year.”

This is no trifling matter.

As CNET News disclosed last month, “Internet providers would be forced to keep logs of their customers’ activities for one year–in case police want to review them in the future–under legislation that a U.S. House of Representatives committee approved today.”

Declan McCullagh reported that “the 19 to 10 vote represents a victory for conservative Republicans, who made data retention their first major technology initiative after last fall’s elections.”

Significantly, CNET noted that this is also a “victory” for Democratic appointees of Barack Obama’s Justice Department “who have quietly lobbied for the sweeping new requirements.”

According to CNET, a “last-minute rewrite of the bill expands the information that commercial Internet providers are required to store to include customers’ names, addresses, phone numbers, credit card numbers, bank account numbers, and temporarily-assigned IP addresses.”

However, by “a 7-16 vote, the panel rejected an amendment that would have clarified that only IP addresses must be stored.”

Consider the troubling implications of this sweeping bill. While ultra-rightist “Tea Party” Republicans vowed to get “the government off our backs,” when it comes to illicit snooping by securocrats whose only loyalty is to a self-perpetuating security bureaucracy and the defense grifters they serve (and whom they rely upon for plum positions after government “retirement”), all our private data is now up for grabs.

The bill, according to Rep. Zoe Lofgren (D-CA), who spearheaded opposition to the measure said that if passed, it would create “a data bank of every digital act by every American” that would “let us find out where every single American visited Web sites.”

To make the poison pill legislation difficult to oppose, proponents have dubbed it, wait, the “Protecting Children From Internet Pornographers Act of 2011″ even though, as CNET noted, “the mandatory logs would be accessible to police investigating any crime and perhaps attorneys litigating civil disputes in divorce, insurance fraud, and other cases as well.”

Soghoian relates that the 2009 two-page Justice Department report to Congress took 11 months (!) to release under a Freedom of Information Act request.

Why the Justice Department stonewall?

Perhaps, as the Electronic Frontier Foundation disclosed last year, political appointees at the Department of Homeland Security and presumably other secret state satrapies, ordered “an extra layer of review on its FOIA requests.”

EFF revealed that a 2009 policy memo from the Department’s Chief FOIA Officer and Chief Privacy Officer, Mary Ellen Callahan, that DHS components “were required to report ‘significant FOIA activities’ in weekly reports to the Privacy Office, which the Privacy Office then integrated into its weekly report to the White House Liaison.”

Included amongst designated “significant FOIA activities” were requests “from any members of ‘an activist group, watchdog organization, special interest group, etc.’ and ‘requested documents [that] will garner media attention or [are] receiving media attention’.”

Despite the appearance of reporting “emergency” spying requests to congressional committees presumably overseeing secret state activities (a generous assumption at best), “it is quite clear” Soghoian avers, “that the Department of Justice statistics are not adequately reporting the scale of this form of surveillance” and “underreport these disclosures by several orders of magnitude.”

As such, “the current law is largely useless.” It does not apply to “state and local law enforcement agencies, who make tens of thousands of warrantless requests to ISPs each year,” and is inapplicable to “to federal law enforcement agencies outside DOJ.”

“Finally,” Soghoian relates, “it does not apply to emergency disclosures of non-content information, such as geo-location data, subscriber information (such as name and address), or IP addresses used.”

And with Congress poised to pass sweeping data retention legislation, it should be clear that such “requirements” are mere fig leaves covering-up state-sanctioned lawlessness.

War On Terror 2.0.1: Looting the Global Economy

Criminal behavior by domestic security agencies connect America’s illegal wars of aggression to capitalism’s economic warfare against the working class, who now take their place alongside “Islamic terrorists” as a threat to “national security.”

Despite efforts by the Obama administration and Republican congressional leaders to “balance the books” on the backs of the American people through massive budget cuts, as economist Michael Hudson pointed out in Global Research, the manufactured “debt ceiling” crisis is a massive fraud.

The World Socialist Web Site averred that:

As concerns over a double-dip recession in the US and the European debt crisis sent global markets plunging–including a 512-point sell-off on the Dow Jones Industrial Average Thursday–financial analysts and media pundits developed a new narrative. Concern that Washington lacked the ‘political will’ to slash long-standing entitlement programs was exacerbating ‘market uncertainty’.

Leftist critic Jerry White noted that “in fact, the new cuts will only intensify the economic crisis, while the slashing of food stamps, unemployment compensation, health care and education will eliminate programs that are more essential for survival than ever.”

Indeed, as Marxist economist Richard Wolff pointed out in The Guardian, while the “crisis of the capitalist system in the US that began in 2007,” may have “plunged millions into acute economic pain and suffering,” the “recovery” that began in 2009 “benefited only the minority that was most responsible for the crisis: banks, large corporations and the rich who own the bulk of stocks. That so-called recovery never ‘trickled down’ to the US majority: working people dependent on jobs and wages’.”

And despite mendacious claims by political officials and the media alike, the Pentagon will be sitting pretty even as Americans are forced to shoulder the financial burden of U.S. imperial adventures long into an increasingly bleak future.

Defense Secretary Leon Panetta “warned Thursday of dire consequences if the Pentagon is forced to make cuts to its budget beyond the $400 billion in savings planned for the next decade,” The Washington Post reported.

The Post noted that “senior Pentagon officials have launched an offensive over the past two days to convince lawmakers that further reductions in Pentagon spending would imperil the country’s security.”

“Instead of slashing defense,” Panetta urged lawmakers to “rely on tax increases and cuts to nondiscretionary spending, such as Medicare and Social Security, to provide the necessary savings.”

But as Hudson points out, “war has been the major cause of a rising national debt.” After all, it was none other than bourgeois icon Adam Smith who argued that “parliamentary checks on government spending were designed to prevent ambitious rulers from waging war.”

Hudson writes that “if people felt the economic impact of war immediately–rather than postponing it by borrowing–they would be less likely to support military adventurism.”

But therein lies the rub. Since “military adventurism” is the only “growth sector” of an imploding capitalist economy, the public spigot which finances everything from cost-overrun-plagued stealth fighter jets to multi-billion dollar spy satellites, along with an out-of-control National Surveillance State, will be kept open indefinitely.

On this score, the hypocrisy of our rulers abound, especially when it comes to the mantra that “we” must “live within our means.”

As Wolff avers:

Where was that phrase heard when Washington decided to spend on an immense military (even after becoming the world’s only nuclear superpower) or to spend on very expensive wars in Iraq, Afghanistan, Pakistan and Libya (now all going on at the same time)? No, then the talk was only about national security needed to save us from attacks.

“Attacks,” it should be duly noted, that may very well have been allowed to happen as the World Socialist Web Site recently reported.

Driving home the point that war, and not social and infrastructure investment fuel deficits, Hudson averred that “the present rise in in U.S. Treasury debt results from two forms of warfare. First is the overtly military Oil War in the Near East, from Iraq to Afghanistan (Pipelinistan) to oil-rich Libya. These adventures will end up costing between $3 and $5 trillion.”

“Second and even more expensive,” the economist observed, “is the more covert yet more costly economic war of Wall Street against the rest of the economy, demanding that losses by banks and financial institutions be passed onto the government balance sheet (‘taxpayers’). The bailouts and ‘free lunch’ for Wall Street–by no coincidence, Congress’s number one political campaign contributor–cost $13 trillion.”

“Now that finance is the new form of warfare,” Hudson wrote, “where is the power to constrain Treasury and Federal Reserve power to commit taxpayers to bail out financial interests at the top of the economic pyramid?”

And since “cutbacks in federal revenue sharing will hit cities and states hard, forcing them to sell off yet more land, roads and other assets in the public domain to cover their budget deficit as the U.S. economy sinks further into depression,” Hudson wrote that “Congress has just added fiscal deflation to debt deflation, slowing employment even further.”

While the global economy circles the drain, with ever more painful cuts in so-called “entitlement” programs meant to cushion the crash now on the chopping block, the corporate and political masters who rule the roost are sharpening their knives, fashioning administrative and bureaucratic surveillance tools, the better to conceal the “invisible hand” of that bitch-slaps us all.

And they call it “freedom.”

In March, a written statement to the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security by Justice Department official Todd Hinnen confirmed that the administration had used Section 215, the so-called “business records” section of the Act “to obtain driver’s license records, hotel records, car rental records, apartment leasing records, credit card records, and the like.”

Further confirmation of Wyden’s charges came from an unlikely source: a White House nominee for a top counterterrorism position.

Last week Wired reported that Matthew Olsen, the administration’s pick to head the National Counterterrorism Center “acknowledged that ‘some of the pleadings and opinions related to the Patriot Act’ to the secret Foreign Intelligence Surveillance Court that approves snooping warrants ‘are classified’.”

If confirmed, Olsen will replace Michael E. Leiter, the Bushist embed who told the Senate last year during hearings into 2009′s aborted plot to bring down Northwest Airlines Flight 253 over Detroit on Christmas Day: “I will tell you, that when people come to the country and they are on the watch list, it is because we have generally made the choice that we want them here in the country for some reason or another.”

What those reasons are for wanting a terrorist to board a packed airliner were not spelled out to Senate nor were they explored by corporate media. This raises an inevitable question: what else is the administration concealing from the American people?

White House Stonewall

Back in May, the Electronic Frontier Foundation (EFF) filed a Freedom of Information Act lawsuit against the Justice Department “demanding the release of a secret legal memo used to justify FBI access to Americans’ telephone records without any legal process or oversight.”

So far, the administration has refused to release the memos.

According to the civil liberties’ watchdogs, a report last year by the DOJ’s own Inspector General “revealed how the FBI, in defending its past violations of the Electronic Communications Privacy Act (ECPA), had come up with a new legal argument to justify secret, unchecked access to private telephone records.”

“The Obama administration,” The Washington Post reports, has continued “to resist the efforts of two Democratic senators to learn more about the government’s interpretation of domestic surveillance law, stating that ‘it is not reasonably possible’ to identify the number of Americans whose communications may have been monitored under the statute.”

In a letter to Wyden and Senator Mark Udall (D-CO), Kathleen Turner, the director of legislative affairs for the Office of the Director of National Intelligence (ODNI), claimed that a “joint oversight team” has not uncovered evidence “of any intentional or willful attempts to violate or circumvent the Foreign Intelligence Surveillance Act or FISA, which was amended in 2008.”

Turner went on to say that “with respect to FAA” [FISA Amendments Act of 2008, the statute that "legalized" Bushist surveillance programs and handed retroactive immunity to spying telecoms like AT&T], “you [Wyden] asked whether any significant interpretations of the FAA are currently classified. As you are aware, opinions of the FISA Court usually contain extensive discussions of particularly sources, methods and operations and are therefore classified.”

Throwing the onus back on political grifters in the House and Senate, Turner wrote: “Even though not publicly available, by law any opinion containing a significant legal interpretation is provided to the congressional intelligence committees.”

With circular logic Turner claims that because “FISA Court opinions are so closely tied to the facts of the application under review that they cannot be made public in any meaningful form without compromising the sensitive sources and methods at issue.”

At best, her statement is disingenuous. After all, it is precisely that secret interpretation of the law made by the White House Office of Legal Counsel that Wyden and others, including EFF, the Electronic Privacy Information Network (EPIC) and journalists are demanding the administration clarify.

Justice Department Shields NSA’s Private Partners

The FBI isn’t the only agency shielded by the Justice Department under cover of bogus “state secrets” assertions by the Obama administration.

On July 13, EPIC reported that a U.S. District Court Judge issued an opinion in their lawsuit (EPIC v. NSA), “and accepted the NSA’s claim” that it can “neither confirm nor deny” that the agency “had entered into a relationship with Google following the China hacking incident in January 2010.”

The privacy watchdogs sought documents under FOIA “because such an agreement could reveal that the NSA is developing technical standards that would enable greater surveillance of Internet users.”

According to EPIC, the administration’s “Glomar response” to “neither confirm nor deny” a covert relationship amongst giant media corporations such as Google and secret state agencies “is a controversial legal doctrine that allows agencies to conceal the existence of records that might otherwise be subject to public disclosure.”

This issue is hardly irrelevant to internet users. CNET News reported last week that “Google’s Street View cars collected the locations of millions of laptops, cell phones, and other Wi-Fi devices around the world, a practice that raises novel privacy concerns.”

And given the government’s penchant to vacuum-up so-called “transactional data” without benefit of a warrant, would media giants such as Google, high-tech behemoths such as Apple or Microsoft, beholden to the federal government for regulatory perks, resist efforts by the feds demanding they cough-up users’ locational data?

Investigative journalist Declan McCullagh found that the cars “were supposed to collect the locations of Wi-Fi access points. But Google also recorded the street addresses and unique identifiers of computers and other devices using those wireless networks and then made the data publicly available through Google.com until a few weeks ago.”

According to CNET, “the French data protection authority, known as the Commission Nationale de l’Informatique et des Libertés (CNIL) recently contacted CNET and said its investigation confirmed that Street View cars collected these unique hardware IDs. In March, CNIL’s probe resulted in a fine of 100,000 euros, about $143,000.”

On Friday, CNET reported that Microsoft too is in on the geolocation spy game.

Declan McCullagh wrote that “Microsoft has collected the locations of millions of laptops, cell phones, and other Wi-Fi devices around the world and makes them available on the Web.”

A security researcher confirmed that the “vast database available through Live.com publishes the precise geographical location, which can point to a street address and sometimes even a corner of a building, of Android phones, Apple devices, and other Wi-Fi enabled gadgets.”

Such information in the hands of government snoops would prove invaluable when it comes to waging War On Terror 2.0, the so-called “cyber war.” Which is why the administration is fighting tooth and nail to keep this information from the public.

On the cyber front, EPIC is suing the White House to obtain the top secret National Security Presidential Directive that sets out the “NSA’s cyber security authority,” and is seeking clarification from the agency about so-called internet vulnerability assessments, “the Director’s classified views on how the NSA’s practices impact Internet privacy, and the NSA’s ‘Perfect Citizen’ program.”

As Antifascist Calling previously reported, “Perfect Citizen” is a $100 million privacy-killing program under development by the agency and defense giant Raytheon. Published reports informed us that the program will rely on a suite of sensors deployed in computer networks and that proprietary software will persistently monitor whichever system they are plugged into.

While little has been revealed about how Perfect Citizen will work, it was called by a corporate insider the cyber equivalent of “Big Brother,” according to an email obtained last year by The Wall Street Journal.

New Report Highlights “Transparency” Fraud

The refusal by the White House to divulge information that impact Americans’ civil liberties and privacy rights, along with their expansion of repressive national security and surveillance programs launched by the Bush regime, underscores the fraudulent nature of Obama’s so-called “transparency administration.”

A new report published by the American Civil Liberties Union, Drastic Measures Required: Congress needs to Overhaul U.S. Secrecy Laws and Increase Oversight of the Secret Security Establishment, documents how “out-of-control secrecy is a serious disease that is hurting American democracy.”

Authors Jay Stanley and former FBI undercover agent turned whistleblower, Michael German, write that “we are now living in an age of government secrecy run amok.”

According to the report, “reality has not always lived up to the rhetoric” of the Obama regime. Since the administration took office, the White House:

• Embraced the Bush administration’s tactic of using overbroad “state secrets” claims to block lawsuits challenging government misconduct.

• Fought a court order to release photos depicting the abuse of detainees held in U.S. custody and supported legislation to exempt these photos from FOIA retroactively. Worse, the legislation gave the Secretary of Defense sweeping authority to withhold any visual images depicting the government’s “treatment of individuals engaged, captured, or detained” by U.S. forces, no matter how egregious the conduct depicted or how compelling the public’s interest in disclosure.

• Threatened to veto legislation designed to reform congressional notification procedures for covert actions.

• Aggressively pursued whistleblowers who reported waste, fraud and abuse in national security programs with criminal prosecutions to a greater degree than any previous presidential administration.

• Refused to declassify information about how the government uses its authority under section 215 of the Patriot Act to collect information about Americans not relevant to terrorism or espionage investigations. (Mike German and John Stanley, Drastic Measures Required, Washington, D.C., The American Civil Liberties Union, July 2011, pp. 7-8)

Amongst other findings in the report we learn that more than 2.4 million personnel, “official” denizens of the secret state which include the 16 agencies of the so-called “Intelligence Community” and outsourced private contractors hold top secret and above security clearances.

Although the Government Accountability Office (GAO) disclosed that the Intelligence Authorization Act of 2010 “required required the Director of National Intelligence (DNI) to calculate and report the aggregate number of security clearances for all government employees and contractors to Congress by February 2011,” as of this writing “the DNI has so far failed to produce this data.”

Last year, The Washington Post’s “Top Secret America” series revealed that “some 1,271 government organizations and 1,931 private companies work on programs related to counterterrorism, homeland security and intelligence in about 10,000 locations across the United States,” and that “the privatization of national security” has been made possible by a “nine-year ‘gusher’ of money.”

The Post’s reporting on America’s security outsourcing mania echoed critical investigations by other journalists, including those by Tim Shorrock, who has reported extensively on intelligence privatization in his essential book Spies For Hire and by James Bamford in The Shadow Factory, which explored how NSA was turned loose on the American people.

In a follow-up piece last December, investigative journalists Dana Priest and William M. Arkin described how “the United States is assembling a vast domestic intelligence apparatus to collect information about Americans, using the FBI, local police, state homeland security offices and military criminal investigators.”

“The government’s goal,” Priest and Arkin wrote, “is to have every state and local law enforcement agency in the country feed information to Washington to buttress the work of the FBI, which is in charge of terrorism investigations in the United States.”

As the Post reported, “technologies and techniques honed for use on the battlefields of Iraq and Afghanistan have migrated into the hands of law enforcement agencies in America.”

This is a pernicious development. As I reported three years ago, one such program was efforts by the Department of Homeland Security, partnering-up with the Pentagon, to train America’s fleet of top secret surveillance satellites on the American people.

That program, since killed by DHS, the National Applications Office, would have provided state and local authorities access to geospatial intelligence gleaned from military spy satellites and would have done so with no congressional oversight or privacy controls in place and would have handed over this sensitive data to selected law enforcement partners.

Local Police Control Ceded to the FBI

Along with intrusive techniques and highly-classified programs, Priest and Arkin wrote that the FBI has built “a database with the names and certain personal information, such as employment history, of thousands of U.S. citizens and residents whom a local police officer or a fellow citizen believed to be acting suspiciously.”

What constitutes “suspicious behavior”, of course, is in the eye of the beholder, and can constitute anything from taking photographs on a public street to organizing and participating in protests against America’s endless wars.

Just recently, the San Francisco Bay Guardian revealed that local cops “assigned to the FBI’s terrorism task force can ignore local police orders and California privacy laws to spy on people without any evidence of a crime.”

Investigative journalist Sarah Phelan discovered that even after a “carefully crafted” set of rules on intelligence gathering had been in place “since police spying scandals of the 1990s,” were “bypassed without the knowledge or consent of the S.F. Police Commission.”

John Crew, a police practices expert with the American Civil Liberties Union of Northern California, told the Bay Guardian that the 2007 Memorandum of Understanding by S.F. cops and the FBI means that “Police Commission policies do not apply” and that it “allows San Francisco police to circumvent local intelligence-gathering policies and follow more permissive federal rules.”

Despite serious concerns over the Bureau’s long-standing practice of spying on political dissidents and its “War On Terror” racial profiling policies, in a follow-up piece the Bay Guardian reported that Police Commission President Thomas Mazzucco, a former federal prosecutor, seemed “more concerned about defending federal practices and officials … than worrying about the role and authority of the civilian oversight body he now represents.”

The ACLU’s Crew noted that when the FBI came to the SFPD with a new MOU, “there was no review by the City Attorney, and no notice to the police commission.”

“Now, we didn’t know about that MOU because it was kept secret at the insistence of the FBI for four years,” Crew told Sarah Phelan. Crew also noted that when ACLU and ALC [Asian Law Caucus] met with the SFPD in 2010, they were suddenly told that the police department couldn’t talk about these issues without FBI permission.

“That set off a warning sign,” Crew observed, “noting that in early April, when the ACLU and ALC finally got the MOU released, their worst suspicions were confirmed.”

“There was no public discussion of transforming the SFPD into a national intelligence gathering association,” ALC attorney Veena Dubal told the Bay Guardian. “The problem is that the FBI changed the deal, and the SFPD signed it, without telling anyone.”

Neither the Bay Guardian nor the ACLU of Northern California have released the 2007 Memorandum of Understanding. However, the secrecy-shredding web site Public Intelligence has posted a sample MOU that makes for interesting reading indeed.

According to the document, local police agencies who participate in JTTFs will adhere to loose rules covered by the “Attorney General’s Guidelines for Domestic FBI Operations.” As Antifascist Calling reported last month, those rules will soon be loosened even further by “constitutional scholar” Barack Obama’s Justice Department.

But here’s the kicker; local police participating in JTTFs will be subject to rules crafted in Washington. State and municipal policies which sought to limit out-of-control spying on local activists by notorious police “Red Squads,” are annulled in favor of “guidance on investigative matters handled by the JTTF” that “will be issued by the Attorney General and the FBI.”

Such “guidance” we’re told governs everything from “the Use of Confidential Informants” to “Guidelines Regarding Disclosure to the Director of Central Intelligence and Homeland Security Officials of Foreign Intelligence Acquired in the Course of a Criminal Investigation.”

In other words, police participating in JTTFs become the CIA’s eyes on the ground!

We are informed that “in order to comply with Presidential Directives, the policy and program management of the JTTFs is the responsibility of FBI Headquarters (FBIHQ).” As readers are well aware, more often than not those “Presidential Directives” arrive with built-in poison pills in the form of top secret annexes concealed from the public.

Such questions are not academic exercises.

More than three years ago, author and researcher Peter Dale Scott wrote in CounterPunch that “Congressman Peter DeFazio, a member of the House Homeland Security Committee, told the House that he and the rest of his Committee had been barred from reviewing parts of National Security Presidential Directive 51, the White House supersecret plans to implement so-called ‘Continuity of Government’ in the event of a mass terror attack or natural disaster.”

“The story,” Scott wrote, “ignored by the mainstream press, involved more than the usual tussle between the legislative and executive branches of the U.S. Government. What was at stake was a contest between Congress’s constitutional powers of oversight, and a set of policy plans that could be used to suspend or modify the constitution.”

Should something go wrong, the onus for civil or criminal penalties resulting from lawsuits for illegal acts by JTTF officers rests solely with local taxpayers who may have to foot the bill. This is clearly spelled out: “The Participating Agency acknowledges that financial and civil liability, if any and in accordance with applicable law, for the acts and omissions of each employee detailed to the JTTF remains vested with his or her employing agency.”

Got that? You violate someone’s rights and then get caught, well, tough luck chumps.

Intelligence Spending, No End in Sight

While the administration and their troglodytic Republican allies in Congress are planning massive cuts in social spending as a result of a manufactured “deficit crisis,” the President’s fiscal year 2012 budget proposes a five-year freeze for “all discretionary spending outside of security.”

Indeed, according to the Associated Press, the Defense Department will reap a windfall — some $727.4 billion and DHS $44.3 billion. But these numbers only tell part of the story.

Back in March, Secrecy News disclosed that figures provided by ODNI and the Secretary of Defense “document the steady rise of the total U.S. intelligence budget from $63.5 billion in FY2007 up to last year’s total of $80.1 billion.”

Americans are told they face “hard choices” when it comes to America’s fiscal house of cards and that they–and they alone–not the capitalist thieves who destroyed the economy, must shoulder the burden.

But as economist Michael Hudson warned last week in Global Research, the American people are “being lead to economic slaughter.”

Hudson writes that “whenever one finds government officials and the media repeating an economic error as an incessant mantra, there always is a special interest at work. The financial sector in particular seeks to wrong-foot voters into believing that the economy will be plunged into crisis if Wall Street does not get its way–usually by freeing it from taxes and deregulating it.”

However, when it comes to the secret state and the corporate interests they serve, regulators, in the form of congressional oversight or the public, seeking answers about illegal government programs, need not apply.

After all, as ODNI securocrat Kathleen Turner told the Senate, “the questions you pose … are difficult to answer in an unclassified letter.”And so it goes…

Those firms, including now-defunct HBGary Federal, parent company HBGary, Palantir (a start-up flush with cash from the CIA’s venture capital arm In-Q-Tel) and Berico Technologies had partnered-up with the Bank of America’s law firm Hunton & Williams and the U.S. Chamber of Commerce and devised a sub rosa plan of attack against WikiLeaks and Chamber critics.

And when the cyber-guerrilla collective Anonymous published some 70,000 emails and documents filched from HBGary servers, it was off to the races.

In the intervening months since that story first broke, journalists and researchers have turned their attention to a dark web of security firms developing surveillance software for law enforcement, the Pentagon, and repressive foreign governments.

Last week, Wired revealed that one such shadowy firm, TruePosition, “a holding of the Liberty Media giant that owns Sirius XM and the Atlanta Braves,” is marketing “something it calls ‘location intelligence,’ or LOCINT, to intelligence and law enforcement agencies,” investigative journalist Spencer Ackerman disclosed.

The Pennsylvania-based company has sold their location services system to NSA surveillance partner AT&T and T-Mobile, allowing those carriers to pinpoint “over 60 million 911 calls annually.”

“For the better part of decade,” Ackerman writes, “TruePosition has had contracts to provide E-911 services with AT&T (signed originally with Cingular in 2001, which AT&T acquired) and T-Mobile (2003).”

Known as “geofencing,” the firm explains that location tech “collects, analyzes, stores and displays real-time and historical wireless events and locations of targeted mobile users.”

Bloomberg BusinessWeek reported that amongst the services TruePosition offers clients are “products for safety and security applications, including family monitoring, personal medical alert, emergency number service, and criminal tracking.”

Additionally, BusinessWeek reports, the company tailors its “enterprise applications” to corporations interested in “workforce management, asset tracking, and location-based advertising; consumer applications, including local search, traffic, and navigation.”

But what should concern readers is the firm’s “government applications” market which includes everything from “homeland security” and “military intelligence” to “force tracking.”

According to a press release posted on the firm’s web site, the “TruePosition Location Intelligence Management System (LIMS)” is a “a multi-dimensional database, which uses probes within mobile networks to capture and store all mobile phone network events–including the time and the location of events. Mobile phone events are items like calls made and received, text messages sent and received, a phone powered on and off, and other rich mobile phone intelligence.”

Deploying technology dubbed Uplink Time Difference of Arrival (U-TDOA), the system, installed on cell phone towers, identifies a phone’s approximate location–within 30 meters–even if the handset isn’t equipped with GPS.

Undoubtedly the system can save lives. “In one case,” Ackerman reports, “a corrections officer … was abducted by a recent parolee. But because her cellphone was turned on and her carrier used TruePosition’s location tech, police were able to locate the phone along a Kentucky highway. They set up a roadblock, freed the officer and arrested her captor.”

All well and good. However, in the hands of repressive governments or privacy-invading corporations, say Rupert Murdoch’s media empire, there just might be far different outcomes.

A Link to the Murdoch Scandal?

The relevance of location intelligence in general and more pointedly, TruePosition’s LIMS cellphone surveillance products which may, or may not, have been sold to London’s Metropolitan Police and what role they may have played in the Murdoch News of the World (NoW) phone hacking scandal have not been explored by corporate media.

While the “who, what, where” aspects of the scandal are now coming sharply into focus, the “how,” that is, the high-tech wizardry behind invasive privacy breaches, and which firms developed and profited from their sale, have been ignored.

Such questions, and related business entanglements, should be of interest to investigators on both sides of the Atlantic.

After all, TruePosition’s parent company, the giant conglomerate Liberty Media currently holds an 18 percent stake in News Corporation.

With corporate tentacles stretching from investments in TimeWarner Cable to Expedia and from QVC to Starz and beyond, Liberty Media is a multi-billion dollar media behemoth with some $10.9 billion in revenue in 2010, according to an SEC filing by the firm.

With deep pockets and political clout in Washington the company is “juiced.”

In 2011, Liberty’s CEO, John C. Malone, surpassed Ted Turner as the largest private landowner in the United States, controlling some 2.1 million acres according to The New York Times.

Dubbed “Darth Vader” by The Independent, Malone acquired a 20 percent stake in News Corp. back in 2000 and “was one of the main investors who rode to the rescue of Mr Murdoch in the early 1990s when News Corp was on its knees.”

The New York Times reported back in 2005 that Malone’s firm was “unlikely to unwind its investment in the News Corporation” because he considered “the stake in the News Corporation a long-term investment, meaning that the relationship between him and Rupert Murdoch, the chairman of the News Corporation, was not likely to be dissolved any time soon.”

After acrimonious mid-decade negotiations that stretched out over two years, the media giants cobbled together a deal in 2006 resulting in a $11 billion asset swap, one that gave Liberty control of the DirectTV Group whilst helping Murdoch “tighten his grip” on News Corp., according to The New York Times.

Interestingly enough during those negotiations, investment banking firms Goldman Sachs and J.P. Morgan Chase along with the white shoe law firm Hogan & Hartson advised News Corp., while Liberty was represented by Bear Stearns and the Baker Botts law firm, long time Bush family consiglieres.

All this can be chalked-up to an interesting set of coincidences. However, the high stakes involved and the relationships and connections forged over decades, including those amongst players who figured prominently in capitalism’s 2008 global economic crisis and Bush family corruption, cannot be ignored.

A Suspicious Death

Last week’s suspicious death of former NoW whistleblower Sean Hoare should set alarm bells ringing.

When the scandal broke, it was Hoare who told The New York Times last year that senior editors at NoW and another Murdoch tabloid, The Sun, actively encouraged staff to spy on celebrities and others, including victims of the London terror attacks, British soldiers killed in Afghanistan and Iraq and the murdered teenager Milly Dowler; all in pursuit of “exclusives.”

The Guardian reported that Hoare said that “reporters at the NoW were able to use police technology to locate people using their mobile phone signals, in exchange for payments to police officers.”

“He said journalists were able to use ‘pinging’, which measured the distance between a mobile handset and a number of phone masts to pinpoint its location,” The Guardian revealed.

Hoare described “how reporters would ask a news desk executive to obtain the location of a target: “Within 15 to 30 minutes someone on the news desk would come back and say ‘Right, that’s where they are.’”

Quite naturally, this raises the question which “police technology” was used to massage NoW exclusives and which firms made a pretty penny selling their wares to police, allegedly for purposes of “fighting crime” and “counterterrorism”?

It was Hoare after all who told The New York Times just days before his death that when he worked for NoW “pinging cost the paper nearly $500 on each occasion.”

According to the Times, Hoare found out how the practice worked “when he was scrambling to find someone and was told that one of the news desk editors, Greg Miskiw, could help.”

The Times reports that Miskiw “asked for the person’s cellphone number, and returned later with information showing the person’s precise location in Scotland.”

An unnamed “former Scotland Yard officer” interviewed by the Times said “the individual” who provided confidential information to NoW and other Murdoch holdings “could have been one of a small group entitled to authorize pinging requests,” that is a senior counterterrorism officer charged with keeping the British public “safe.”

Hoare told the Times “the fact that it was a police officer was clear from his exchange with Mr. Miskiw.”

“‘I thought it was remarkable and asked him how he did it, and he said, ‘It’s the Old Bill, isn’t it?’”

“At that point, you don’t ask questions,” Hoare said.

Yet despite the relevance of the reporter’s death to the scandal, police claimed Hoare’s sudden demise was “unexplained but not thought to be suspicious.” Really?

As the World Socialist Web Site points out: “The statement is at the very least extraordinary, and at worst sinister in its implications.”

Left-wing journalist Chris Marsden wrote that “Hoare is the man who broke silence on the corrupt practices at the News of the World and, most specifically, alleged that former editor Andy Coulson, who later became Prime Minister David Cameron’s director of communications, was fully aware of phone hacking that took place on an ‘industrial scale’.”

Aside from the secret state, what other entities are capable of intercepting phone and other electronic communications on “an industrial scale”? Given Rupert Murdoch’s close ties to the political establishment on both sides of the Atlantic, is it a stretch to speculate that a “sympathetic” intelligence service wouldn’t do all they could to help a “friend,” particularly if cash payments were involved?

How could Hoare’s death not be viewed suspiciously?

Indeed, “the morning after Hoare’s body was found,” Mardsen writes, “former Metropolitan Police Commissioner Sir Paul Stephenson and his former deputy, John Yates, were to give evidence before a home affairs select committee. Stephenson had tendered his resignation Sunday and Yates Monday.”

Conveniently, for those with much to hide, including police, “the death of Hoare means that his testimony will never be heard by any such inquiry or, more importantly, by any criminal investigation that may arise.”

Yet, despite a pending coroner’s inquest into the exact cause of the reporter’s death, corporate media have rushed to judgement, labeling anyone who raise suspicions as being, what else, “conspiracy theorists.”

This despite the fact, as the World Socialist Web Site reported Saturday that information has surfaced “regarding the extent of News International links to known criminals.”

Indeed, on July 6 left-wing journalist Robert Stevens reported that “Labour MP Tom Watson told Parliament that News International chief executive and former News of the World editor Rebekah Brooks ‘was present at a meeting with Scotland Yard when police officers pursuing a murder investigation provided her with evidence that her newspaper was interfering with the pursuit of justice’.”

“‘She was told of actions by people she paid to expose and discredit David Cook [a Detective Superintendent] and his wife Jackie Haines so that Mr. Cook would be prevented from completing an investigation into a murder’.

“Watson added,” Stevens writes, that “‘News International was paying people to interfere with police officers and were doing so on behalf of known criminals. We know now that News International had entered the criminal underworld’.”

Although Hoare had suffered from years of alcohol and cocaine abuse, he was in rehab and by all accounts on the road to recovery. Hoare could have died from natural causes but this has not yet been established.

Pending histology and toxicology tests which will take weeks, and a coroner’s inquest was adjourned July 21 until said test results were in, short of a definitive finding, nothing can nor should be ruled out, including murder, by a party or parties unknown.

While it would be a fatal exercise in rank stupidity for News Corp. to rub out Sean Hoare, would others, including police or organized crime figures caught up in the scandal and known to have been paid by News Corp. “people to interfere with police officers” and to have done so “on behalf of known criminals,” have such qualms?

An Open Question

We do not know if TruePosition sold LIMS to London’s Metropolitan Police, key players in the Murdoch hacking scandal, and the firm won’t say who they sell to.

However, whether they did or did not is a relevant question. That security firms develop and sell privacy-killing products and then wash their hands of responsibility how and by whom their products are used–for good or ill–is hardly irrelevant to victims of police repression or private corruption by entities such as News Corp.

The issue here are the actions taken by our corporate and political minders who believe that everything in terms of smashing down walls between public and private life is up for grabs, a commodity auctioned off to the highest bidder.

While we are told by high-tech firms out to feather their nests and politicians that “law enforcement” require we turn over all our data to police to “keep us safe,” the Murdoch scandal reveals precisely that it was police agencies corrupted by giant corporations which had allowed such criminal behavior to go unchecked for years.

And with Congress and Obama Justice Department officials pursuing legislation that will require mobile carriers to store and disclose cell-tower data to police and secret state agencies–all without benefit of a warrant, mind you–as well as encryption back doors built into the internet, we are reaching a point where a perfect storm threatens privacy well into the future, if not permanently.

A Looming Threat

Since LIMS 2008 introduction some 75,000 mobile towers in the U.S. have been equipped with the system, FoxNews, ironically enough, reported two years ago.

That same report informed us that “LOCINT continues to operate in Middle Eastern and Asia-Pacific nations where no legal restrictions exist for tracking cell phone signals.”

TruePosition’s marketing vice president Dominic Li told Fox “when you establish a geofence, anytime a mobile device enters the territory, our system will be alerted and provide a message to the customer.”

Li went on to say, “we realize that this has a lot of value to law enforcement agencies outside of search and rescue missions. It gives rise to a whole host of new solutions for national security.”

In keeping with the firm’s penchant for secrecy, risk averse when it comes to negative publicity over the civil liberties’ implications of their products, “citing security concerns,” Fox reported that “company officials declined to specify which countries currently use the technology.”

TruePosition claims that while wireless technology “has revolutionized communication” it has a “dark side” as “terrorists and criminals” exploit vulnerabilities to create “serious new threats to the security of nations worldwide.”

Touting their ability to combine “location determination and network data mining technologies,” TruePosition “offers government agencies, security experts and law enforcement officials powerful, carrier-grade security solutions with the power to defend against criminal and terrorist activity.”

Never mind that most of the “serious new threats” to global citizens’ rights come from unaccountable state security agencies and international financial cartels responsible for the greatest theft of resources in human history.

For interested parties such as TruePosition, “actionable intelligence” in the form of “data mining to monitor activity and behavior over time in order to build detailed profiles and identify others that they associate with,” will somehow, magically one might say, lead to the apprehension of “those who threaten the safety of citizens.”

Unasked is the question: who will protect us from those who develop and sell such privacy killing technologies?

Certainly not Congress which has introduced legislation “that would force Internet companies to log data about their customers,” CNET News reported earlier this month.

“As a homeland security tool,” Wired reported, LIMS is “enticing.” Brian Varano, TruePosition’s marketing director told Spencer Ackerman to “imagine an ‘invisible barrier around sensitive sites like critical infrastructure,’ such as oil refineries or power plants.”

“The barrier contains a list of known phones belonging to people who work there, allowing them to pass freely through the covered radius. ‘If any phone enters that is not on the authorized list, [authorities] are immediately notified,’” Varano told Wired.

While TruePosition’s technology may be useful when it comes to protecting nuclear installations and other critical infrastructure from unauthorized breaches and may be an important tool for investigators tracking down drug gangs, human traffickers, kidnappers and stalkers, as we have learned from the Murdoch scandal and the illegal driftnet surveillance of Americans, the potential that governments and private entities will abuse such powerful tools is also likely.

According to Wired while “TruePosition sells to mobile carriers,” the company is “cagey about whether the U.S. government uses its products.” Abroad however, Ackerman writes, “it sells to governments, which it won’t name. Ever since it came out with LOCINT in 2008,” Varano said that “‘Ministries of Defense and Interior from around the world began beating down our door’.”

That technological “quick fixes” such as LOCINT can augment the power of secret state agencies to “easily identify and monitor networks of dissidents,” doesn’t seem to trouble the firm in the least.

In fact, such concerns don’t even enter the equation. As Wired reported, the company “saw a growth market in a field” where such products would have extreme relevance: “the expanding, globalized field of homeland security.”

“It really was recession-proof,” Varano explained to Ackerman, “because in many parts of the world, the defense and security budgets have either maintained where they were or increased by a large percentage.”

Small comfort to victims of globalized surveillance and repression that in many places, including so-called “Western democracies,” are already an ubiquitous part of the political landscape.

Consider the ease with which police can deploy LIMS for monitoring dissidents, say anticapitalist activists, union leaders or citizen organizers fighting against the wholesale theft of publicly-owned infrastructure to well-connected corporations (Greece, Ireland or Spain for example) by governments knuckling-under to IMF/ECB demands for so-called “deficit reduction” schemes.

As Stephen Graham points out in his seminal book Cities Under Siege, “as the everyday spaces and systems of urban everyday life are colonized by militarized control technologies” and “notions of policing and war, domestic and foreign, peace and war become less distinct, there emerges a massive boom in a convergent industrial complex encompassing security, surveillance, military technology, prisons, corrections, and electronic entertainment.”

“It is no accident,” Graham writes, “that security-industrial complexes blossom in parallel with the diffusion of market fundamentalist notions for organizing social, economic and political life.”

Creating a climate of fear is key to those who seek to manage daily life. Thus the various media-driven panics surrounding nebulous, open-ended “wars” on “deficits,” “drugs,” “terror” and now “cyber-crime.”

That firms such as TruePosition and hundreds of others who step in to capitalize on the highly-profitable “homeland security” market, hope to continue flying under the radar, we would do well to recall U.S. Supreme Court Justice Louis Brandeis who strongly admonished us that “sunlight is the best disinfectant.”

Indeed, “hope and change” huckster Barack Obama had the temerity to assert that the President “bears no greater responsibility than ensuring the safety and security of the American people.”

Pity that others, including CIA “black site” prisoners tortured to death to “keep us safe” (some 100 at last count) aren’t extended the same courtesy as The Washington Post reported last week.

As Secrecy News editor Steven Aftergood correctly points out, the claim that the President “has no greater responsibility than ‘protecting the American people’ is a paternalistic invention that is historically unfounded and potentially damaging to the political heritage of the nation.”

Aftergood avers, “the presidential oath of office that is prescribed by the U.S. Constitution (Art. II, sect. 1) makes it clear that the President’s supreme responsibility is to ‘…preserve, protect, and defend the Constitution of the United States.’ There is no mention of public safety. It is the constitutional order that the President is sworn to protect, even if doing so entails risks to the safety and security of the American people.”

But as our former republic slips ever-closer towards corporate dictatorship, Obama’s mendacious twaddle about “protecting the American people,” serves only to obscure, and reinforce, the inescapable fact that it’s a rigged game.

Rest assured, “what happens in Vegas,” Baghdad, Kabul or Manama–from driftnet spying to political-inspired witchhunts to illegal detention–won’t, and hasn’t, “stayed in Vegas.”

Cyber Here, Cyber There, Cyber-Surveillance Everywhere

Last month, researcher Barrett Brown and the OpMetalGear network lifted the lid on a new U.S. Government-sponsored cyber-surveillance project, Romas/COIN, now Odyssey, a multiyear, multimillion dollar enterprise currently run by defense and security giant Northrop Grumman.

With some $10.8 billion in revenue largely derived from contracts with the Defense Department, Northrop Grumman was No. 2 on the Washington Technology 2011 Top 100 List of Prime Federal Contractors.

“For at least two years,” Brown writes, “the U.S. has been conducting a secretive and immensely sophisticated campaign of mass surveillance and data mining against the Arab world, allowing the intelligence community to monitor the habits, conversations, and activity of millions of individuals at once.”

Information on this shadowy program was derived by scrutinizing hundreds of the more than 70,000 HBGary emails leaked onto the web by the cyber-guerrilla collective Anonymous.

Brown uncovered evidence that the “top contender to win the federal contract and thus take over the program is a team of about a dozen companies which were brought together in large part by Aaron Barr–the same disgraced CEO who resigned from his own firm earlier this year after he was discovered to have planned a full-scale information war against political activists at the behest of corporate clients.”

Readers will recall that Barr claimed he could exploit social media to gather information about WikiLeaks supporters in a bid to destroy that organization. Earlier this year, Barr told the Financial Times he had used scraping techniques and had infiltrated WikiLeaks supporter Anonymous, in part by using IRC, Facebook, Twitter and other social media sites.

According to emails subsequently released by Anonymous, it was revealed that the ultra rightist U.S. Chamber of Commerce had hired white shoe law firm Hunton & Williams, and that Hunton attorneys, upon recommendation of an unnamed U.S. Department of Justice official, solicited a set of private security contractors–HBGary, HBGary Federal, Palantir and Berico Technologies (collectively known as Team Themis)–and stitched-up a sabotage campaign against WikiLeaks, journalists, labor unions, progressive political groups and Chamber critics.

Amongst the firms who sought to grab the Romas/COIN/Odyssey contract from Northrop when it came up for a “recompete” was TASC, which describes itself as “a renowned provider of advanced systems engineering, integration and decision-support services across the intelligence, defense, homeland security and federal markets.”

According to Bloomberg BusinessWeek, TASC’s head of “Cybersecurity Initiatives,” Larry Strang, was formerly a Vice President with Northrop Grumman who led that firm’s Cybersecurity Group and served as Northrop’s NSA Account Manager. Prior to that, Strang, a retired Air Force Lt. Colonel, was Vice President for Operations at the spooky Science Applications International Corporation (SAIC).

Brown relates that emails between TASC executives Al Pisani, John Lovegrow and former HBGary Federal CEO Aaron Barr, provided details that they “were in talks with each other as well as Mantech executive Bob Frisbie on a ‘recompete’ pursuant to ‘counter intelligence’ operations that were already being conducted on behalf of the federal government by another firm, SAIC, with which they hoped to compete for contracts.”

In fact, HBGary Federal and TASC may have been cats-paws for defense giant ManTech International in the race to secure U.S. Government cyber-surveillance contracts. Clocking in at No. 22 on Washington Technology’s “2011 Top 100 list,” ManTech earned some $1.46 billion in 2010, largely derived from work in “systems engineering and integration, technology and software development, enterprise security architecture, intelligence operations support, critical infrastructure protection and computer forensics.” The firm’s major customers include the Defense Department, Department of Homeland Security, the Justice Department and the Defense Advanced Research Projects Agency (DARPA), the Pentagon’s geek squad that is busily working to develop software for their Cyber Insider Threat (CINDER) program.

Both HBGary Federal and parent company HBGary, a California-based security firm run by the husband-wife team, Greg Hoglund and Penny Leavy, had been key players for the design of malware, undetectable rootkits and other “full directory exfiltration tools over TCP/IP” for the Defense Department according to documents released by the secret-shredding web site Public Intelligence.

Additional published documents revealed that they and had done so in close collaboration with General Dynamics (Project C and Task Z), which had requested “multiple protocols to be scoped as viable options … for VoIP (Skype) protocol, BitTorrent protocol, video over HTTP (port 80), and HTTPS (port 443)” for unnamed secret state agencies.

According to Brown, it appears that Romas/COIN/Odyssey was also big on social media surveillance, especially when it came to “Foreign Mobile” and “Foreign Web” monitoring. Indeed, documents published by Public Intelligence (scooped-up by the HBGary-Anonymous hack) was a ManTech International-HBGary collaboration describing plans for Internet Based Reconnaissance Operations. The October 2010 presentation described plans that would hand “customers,” presumably state intelligence agencies but also, as revealed by Anonymous, corporate security entities and public relations firms, the means to perform “native language searching” combined with “non-attributable architecture” and a “small footprint” that can be “as widely or narrowly focused as needed.”

ManTech and HBGary promised to provide customers the ability to “Locate/Profile Internet ‘Points of Interest’” on “individuals, companies, ISPs” and “organizations,” and would do so through “detailed network mapping” that will “identify registered networks and registered domains”; “Graphical network representation based on Active Hosts”; “Operating system and network application identification”; “Identification of possible perimeter defenses” through “Technology Research, Intelligence Gap Fill, Counterintelligence Research” and “Customer Public Image Assessment.”

The presentation described the social media monitoring process as one that would “employ highly skilled network professionals (read, ex-spooks and former military intelligence operatives) who will use “Non-attributable Internet access, custom developed toolsets and techniques, Native Language and in-country techniques” that “utilize foreign language search engines, mapping tools” and “iterative researching methodologies” for searching “Websites, picture sites, mapping sites/programs”; “Blogs and social networking sites”; “Forums and Bulletin Boards”; “Network Information: Whois, Trace Route, NetTroll, DNS”; “Archived and cached websites.”

Clients who bought into the ManTech-HBGary “product” were promised “Rapid Non-attributable Open Source Research Results”; “Sourced Research Findings”; “Triage level Analysis”; “Vulnerability Assessment” and “Graphical Network and Social Diagramming” via data mining and extensive link analysis.

Undoubtedly, readers recall this is precisely what the National Security Agency has been doing since the 1990s, if not earlier, through their electronic communications intercept program Echelon, a multibillion Pentagon project that conducted corporate espionage for American multinational firms as researcher Nicky Hager revealed in his 1997 piece for CovertAction Quarterly.

Other firms included in Lovegrove’s email to Barr indicate that the new Romas/COIN/Odyssey “team” was to have included: “TASC (PMO [Project Management Operations], creative services); HBGary (Strategy, planning, PMO); Akamai (infrastructure); Archimedes Global (Specialized linguistics, strategy, planning); Acclaim Technical Services (specialized linguistics); Mission Essential Personnel (linguistic services); Cipher (strategy, planning operations); PointAbout (rapid mobile application development, list of strategic partners); Google (strategy, mobile application and platform development–long list of strategic partners); Apple (mobile and desktop platform, application assistance–long list of strategic partners). We are trying to schedule an interview with ATT plus some other small app developers.”

Recall that AT&T is the NSA’s prime telecommunications partner in that agency’s illegal driftnet surveillance program and has been the recipient of “retroactive immunity” under the despicable FISA Amendments Act, a law supported by then-Senator Barack Obama. Also recall that the giant tech firm Apple was recently mired in scandal over reports that their mobile phone platform had, without their owners’ knowledge or consent, speared geolocational data from the iPhone and then stored this information in an Apple-controlled data base accessible to law enforcement through various “lawful interception” schemes.

“Whatever the exact nature and scope of COIN,” Brown writes, “the firms that had been assembled for the purpose by Barr and TASC never got a chance to bid on the program’s recompete. In late September, Lovegrove noted to Barr and others that he’d spoken to the ‘CO [contracting officer] for COIN’.” The TASC executive told Barr that “the current procurement approach” was cancelled, citing “changed requirements.”

Apparently the Pentagon, or other unspecified secret state satrapy told the contestants that “an updated RFI [request for information]” will be issued soon. According to a later missive from Lovegrove to Barr, “COIN has been replaced by a procurement called Odyssey.” While it is still not entirely clear what Romas/COIN or the Odyssey program would do once deployed, Brown claims that “mobile phone software and applications constitute a major component of the program.”

And given Barr’s monomaniacal obsession with social media surveillance (that worked out well with Anonymous!) the presence of Alterian and SocialEyez on the procurement team may indicate that the secret state is alarmed by the prospect that the “Arab Spring” just might slip from proverbial “safe hands” and threaten Gulf dictatorships and Saudi Arabia with the frightening specter of democratic transformation.

Although the email from TASC executive Chris Clair to John Lovegrow names “Alterion” as a company to contact because of their their “SM2 tool,” in all likelihood this is a typo given the fact that it is the UK-based firm “Alterian” that has developed said SM2 tool, described on their web site as a “business intelligence product that provides visibility into social media and lets you tap into a new kind of data resource; your customers’ direct thoughts and opinions.”

This would be a highly-profitable partnership indeed for enterprising intelligence agencies and opaque corporate partners intent on monitoring political developments across the Middle East.

In fact, a 2010 press release, announced that Alterian had forged a partnership with the Dubai-based firm SocialEyez for “the world’s first social media monitoring service designed for the Arab market.”

We’re informed that SocialEyez, a division of Media Watch Middle East, described as “the leading media monitoring service in the Middle East,” offers services in “television, radio, social media, online news and internet monitoring across most sectors including commercial, government and PR.”

That Barr and his partners were interested in bringing these firms to the Romas/COIN table is not surprising considering that the Alterian/SocialEyez deal promises “to develop and launch an Arabic language interface for Alterian SM2 to make it the world’s first Arab language social media monitoring tool.” Inquiring minds can’t help but wonder which three-lettered American agencies alongside a stable of “corporate and government clients, including leading Blue Chips” might be interested in “maximising their social media monitoring investment”?

Pentagon “Manhunters” in the House

On an even more sinister note, the inclusion of Archimedes Global on the Romas/COIN team should set alarm bells ringing.

Archimedes is a small, privately-held niche security firm headquartered in Tampa, Florida where, surprise, surprise, U.S. Central Command (USCENTCOM) has it’s main headquarters at the MacDill Air Force Base. On their web site, Archimedes describes itself as “a diversified technology company providing energy and information solutions to government and businesses worldwide.” The firm claims that it “delivers solutions” to its clients by “combining deep domain expertise, multi-disciplinary education and training, and technology-enabled innovations.”

While short on information regarding what it actually does, evidence suggests that the firm is chock-a-block with former spooks and Special Forces operators, skilled in the black arts of counterintelligence, various information operations, subversion and, let’s be frank, tasks euphemistically referred to in the grisly trade as “wet work.”

According to The Washington Post, the firm was established in 2005. However, although the Post claims in their “Top Secret America” series that the number of employees and revenue is “unknown,” Dana Priest and William M. Arkin note that Archimedes have five government clients and are have speared contracts relating to “Ground forces operations,” “Human intelligence,” Psychological operations,” and “Specialized military operations.”

Brown relates that Archimedes was slated to provide “Specialized linguistics, strategy, planning” for the proposed Romas/COIN/Odyssey project for an unknown U.S. Government entity.

Based on available evidence however, one can speculate that Archimedes may have been chosen as part of the HBGary Federal/TASC team precisely because of their previous work as private contractors in human intelligence (HUMINT), running spies and infiltrating assets into organizations of interest to the CIA and Joint Special Operations Command (JSOC) throughout the Middle East, Central- and South Asia.

In 2009, Antifascist Calling revealed that one of Archimedes Global’s senior directors, retired Air Force Lt. Colonel George A. Crawford, published a chilling monograph, Manhunting: Counter-Network Organizing for Irregular Warfare, for the highly-influential Joint Special Operations University (JSOU) at MacDill Air Force Base in Tampa.

JSOU is the “educational component” of United States Special Operations Command (USSOCOM). With a mission that touts its ability to “plan and synchronize operations” against America’s geopolitical adversaries and rivals, JSOU’s Strategic Studies Department “advances SOF strategic influence by its interaction in academic, interagency, and United States military communities.”

Accordingly, Archimedes “information and risk” brief claim they can solve “the most difficult communication and risk problems by seeing over the horizon with a blend of art and science.” And with focus areas that include “strategic communications, media analysis and support, crisis communications, and risk and vulnerability assessment and mitigation,” it doesn’t take a rocket scientist to infer that those well-schooled in the dark art of information operations (INFOOPS) would find a friendly home inside the Romas/COIN contract team.

With some 25-years experience “as a foreign area officer specializing in Eastern Europe and Central Asia,” including a stint “as acting Air and Defense Attaché to Kyrgyzstan,” Crawford brings an interesting skill-set to the table. Crawford writes:

Manhunting–the deliberate concentration of national power to find, influence, capture, or when necessary kill an individual to disrupt a human network–has emerged as a key component of operations to counter irregular warfare adversaries in lieu of traditional state-on-state conflict measures. It has arguably become a primary area of emphasis in countering terrorist and insurgent opponents. (George A. Crawford, Manhunting: Counter-Network Organization for Irregular Warfare, JSOU Report 09-7, The JSOU Press, Hurlburt Field, Florida, September 2009, p. 1)

Acknowledged manhunting masters in their own right, the Israeli settler-colonial security apparat have perfected the art of “targeted killing,” when they aren’t dropping banned munitions such as white phosphorus on unarmed, defenseless civilian populations or attacking civilian vessels on the high seas.

Like their Israeli counterparts who come highly recommended as models of restraint, an American manhunting agency will employ similarly subtle, though no less lethal, tactics. Crawford informs us:

When compared with conventional force-on-force warfare, manhunting fundamentally alters the ratio between warfare’s respective firepower, maneuver, and psychological elements. Firepower becomes less significant in terms of mass, while the precision and discretion with which firepower is employed takes on tremendous significance, especially during influence operations. Why drop a bomb when effects operations or a knife might do? (Crawford, op. cit., p. 11, emphasis added)

Alongside actual shooters, “sensitive site exploitation (SSE) teams are critical operational components for Pentagon “manhunters.” We’re told that SSE teams will be assembled and able to respond on-call “in the event of a raid on a suspect site or to conduct independent ‘break-in and search’ operations without leaving evidence of their intrusion.” Such teams must possess “individual skills” such as “physical forensics, computer or electronic exploitation, document exploitation, investigative techniques, biometric collection, interrogation/debriefing and related skills.”

As if to drive home the point that the target of such sinister operations are the American people and world public opinion, Crawford, ever the consummate INFOOPS warrior, views “strategic information operations” as key to this murderous enterprise. Indeed, they “must be delicately woven into planned kinetic operations to increase the probability that a given operation or campaign will achieve its intended effect.”

Personnel skilled at conducting strategic information operations–to include psychological operations, public information, deception, media and computer network operations, and related activities–are important for victory. Despite robust DoD and Intelligence Community capabilities in this area, efforts to establish organizations that focus information operations have not been viewed as a positive development by the public or the media, who perceive government-sponsored information efforts with suspicion. Consequently, these efforts must take place away from public eyes. Strategic information operations may also require the establishment of regional or local offices to ensure dissemination of influence packages and assess their impact. Thus manhunting influence may call for parallel or independent structures at all levels…” (Crawford, op. cit., pp. 27-28, emphasis added)

While we do not as yet have a complete picture of the Romas/COIN/Odyssey project, some preliminary conclusions can be drawn.

“Altogether, then,” Brown writes, “a successful bid for the relevant contract was seen to require the combined capabilities of perhaps a dozen firms–capabilities whereby millions of conversations can be monitored and automatically analyzed, whereby a wide range of personal data can be obtained and stored in secret, and whereby some unknown degree of information can be released to a given population through a variety of means and without any hint that the actual source is U.S. military intelligence.”

Although Brown’s initial research concluded that Romas/COIN/Odyssey will operate “in conjunction with other surveillance and propaganda assets controlled by the U.S. and its partners,” with a firm like Archimedes on-board, once information has been assembled on individuals described in other contexts as “radicals” or “key extremists,” will they subsequently be made to “disappear” into the hands of “friendly” security services such as those of strategic U.S. partners Bahrain and Saudi Arabia?

We’re reminded that “Barr was also at the center of a series of conspiracies by which his own company and two others hired out their collective capabilities for use by corporations that sought to destroy their political enemies by clandestine and dishonest means.”

Indeed, “none of the companies involved,” Brown writes, have been investigated; a proposed Congressional inquiry was denied by the committee chair, noting that it was the Justice Department’s decision as to whether to investigate, even though it was the Justice Department itself that made the initial introductions. Those in the intelligence contracting industry who believe themselves above the law are entirely correct.”

Brown warns that “a far greater danger is posed by the practice of arming small and unaccountable groups of state and military personnel with a set of tools by which to achieve better and better ‘situational awareness’ on entire populations” while simultaneously manipulating “the information flow in such a way as to deceive those same populations.”

Beginning, it should be noted, right here at home…

Last week, the New York Times disclosed that the FBI “is giving significant new powers to its roughly 14,000 agents, allowing them more leeway to search databases, go through household trash or use surveillance teams to scrutinize the lives of people who have attracted their attention.”

Under “constitutional scholar” Barack Obama’s regime, the Bureau will revise its “Domestic Investigations and Operations Guide.” The “new rules,” Charlie Savage writes, will give agents “more latitude” to investigate citizens even when there is no evidence they have exhibited “signs of criminal or terrorist activity.”

As the Bill of Rights Defense Committee (BORDC) recently pointed out, “When presented with opportunities to protect constitutional rights, our federal government has consistently failed us, with Congress repeatedly rubber-stamping the executive authority to violate civil liberties long protected by the Constitution.”

While true as far it goes, it should be apparent by this late date that no branch of the federal government, certainly not Congress or the Judiciary, has any interest in limiting Executive Branch power to operate lawlessly, in secret, and without any oversight or accountability whatsoever.

Just last week, The New York Times revealed that the Bush White House used the CIA “to get” academic critic Juan Cole, whose Informed Comment blog was highly critical of U.S. imperial adventures in Iraq and Afghanistan.

The former CIA officer and counterterrorism official who blew the whistle and exposed the existence of a Bush White House “enemies list,”, Glenn L. Carle, told the Times, “I couldn’t believe this was happening. People were accepting it, like you had to be part of the team.”

Ironically enough, the journalist who broke that story, James Risen, is himself a target of an Obama administration witchhunt against whistleblowers. Last month, Risen was issued a grand jury subpoena that would force him to reveal the sources of his 2006 book, State of War.

These latest “revisions” will expand the already formidable investigative powers granted the Bureau by former Attorney General Michael B. Mukasey.

Three years ago, The Washington Post informed us that the FBI’s new “road map” permits agents “to recruit informants, employ physical surveillance and conduct interviews in which agents disguise their identities” and can pursue “each of those steps without any single fact indicating a person has ties to a terrorist organization.”

Accordingly, FBI “assessments” (the precursor to a full-blown investigation) already lowered by the previous administration will, under Obama, be lowered still further in a bid to “keep us safe”–from our constitutional rights.

The Mukasey guidelines, which created the “assessment” fishing license handed agents the power to probe people and organizations “proactively” without a shred of evidence that an individual or group engaged in unlawful activity.

In fact, rather than relying on a reasonable suspicion or allegations that a person is engaged in criminal activity, racial, religious or political profiling based on who one is or on one’s views, are the basis for secretive “assessments.”

Needless to say, the presumption of innocence, the bedrock of a republican system of governance based on the rule of law, like the right to privacy, becomes one more “quaint” notion in a National Security State. In its infinite wisdom, the Executive Branch has cobbled together an investigative regime that transforms anyone, and everyone, into a suspect; a Kafkaesque system from which there is no hope of escape.

Under Bushist rules, snoops were required to open an inquiry “before they can search for information about a person in a commercial or law enforcement database,” the Times reported. In other words, somewhere in the dank, dark bowels of the surveillance bureaucracy a paper trail exists that just might allow you to find out your rights had been trampled.

But our “transparency” regime intends to set the bar even lower. Securocrats will now be allowed to rummage through commercial databases “without making a record about their decision.”

The ACLU’s Michael German, a former FBI whistleblower, told the Times that “claiming additional authorities to investigate people only further raises the potential for abuse.”

Such abuses are already widespread. In 2009 for example, the ACLU pointed out that “Anti-terrorism training materials currently being used by the Department of Defense (DoD) teach its personnel that free expression in the form of public protests should be regarded as ‘low level terrorism’.”

As I reported in 2009, citing a report by the Electronic Frontier Foundation (EFF), the Bureau’s massive Investigative Data Warehouse (IDW), is a data-mining Frankenstein that contains more “searchable records” than the Library of Congress.

EFF researchers discovered that “In addition to storing vast quantities of data, the IDW provides a content management and data mining system that is designed to permit a wide range of FBI personnel (investigative, analytical, administrative, and intelligence) to access and analyze aggregated data from over fifty previously separate datasets included in the warehouse.”

Accordingly, “the FBI intends to increase its use of the IDW for ‘link analysis’ (looking for links between suspects and other people–i.e. the Kevin Bacon game) and to start ‘pattern analysis’ (defining a ‘predictive pattern of behavior’ and searching for that pattern in the IDW’s datasets before any criminal offence is committed–i.e. pre-crime).”

Once new FBI guidelines are in place, and congressional grifters have little stomach to challenge government snoops as last month’s disgraceful “debate” over renewing three repressive provisions of the USA Patriot Act attest, “low-level” inquiries will be all but impossible to track, let alone contest.

Despite a dearth of evidence that dissident groups or religious minorities, e.g., Muslim-Americans have organized violent attacks in the heimat, the new guidelines will permit the unlimited deployment of “surveillance squads” that “surreptitiously follow targets.”

In keeping with the Bureau’s long-standing history of employing paid informants and agents provocateurs such as Brandon Darby and a host of others, to infiltrate and disrupt organizations and foment violence, rules governing “‘undisclosed participation’ in an organization by an F.B.I. agent or informant” will also be loosened.

The Times reports that the revised manual “clarifies a description of what qualifies as a “sensitive investigative matter”–investigations, at any level, that require greater oversight from supervisors because they involve public officials, members of the news media or academic scholars.”

According to the Times, the manual “clarifies the definition of who qualifies for extra protection as a legitimate member of the news media in the Internet era: prominent bloggers would count, but not people who have low-profile blogs.”

In other words, if you don’t have the deep pockets of a corporate media organization to defend you from a government attack, you’re low-hanging fruit and fair game, which of course, makes a mockery of guarantees provided by the First Amendment.

As I reported last month, with requests for “National Security Letters” and other opaque administrative tools on the rise, the Obama administration has greatly expanded already-repressive spy programs put in place by the previous government.

Will data extracted by the Bureau’s Investigative Data Warehouse or its new Data Integration and Visualization System retain a wealth of private information gleaned from commercial and government databases on politically “suspect” individuals for future reference? Without a paper trail linking a person to a specific inquiry you’d have no way of knowing.

Even should an individual file a Freedom of Information Act request demanding the government turn over information and records pertaining to suspected wrongdoing by federal agents, as Austin anarchist Scott Crow did, since the FBI will not retain a record of preliminary inquiries, FOIA will be hollowed-out and become, yet another, futile and meaningless exercise.

And with the FBI relying on secret legal memos issued by the White House Office of Legal Counsel justifying everything from unchecked access to internet and telephone records to the deployment of government-sanctioned malware on private computers during “national security” investigations, political and privacy rights are slowly being strangled.

In 2007, the American Civil Liberties filed a landmark lawsuit, Mohamed et. al. vs. Jeppesen DataPlan, Inc., on behalf of five victims of the Bush administration’s so-called “extraordinary rendition” kidnap and torture program.

The five men, Binyam Mohamed, Ahmed Agiza, Abou Elkassim Britel, Mohamed Farag Ahmad Bashmilah and Bisher al-Rawi, claimed with copious evidence to back their assertions, that their “rendition” and torture was facilitated by the Boeing subsidiary.

Not a single plaintiff was ever charged with a so-called “terrorism” offense let alone convicted of a crime in open court. That didn’t stop America’s shadow warriors from kidnapping, drugging and then whisking them away–aboard aircraft provided by Jeppesen–to CIA “black sites” or the dungeons of close U.S. allies in Europe and the Middle East.

In 2006, the firm’s filthy role in CIA torture programs was exposed by investigative journalist Jane Mayer in The New Yorker.

Indeed, one Bob Overby, Jeppesen’s managing director, said during a breakfast for new hires in San Jose, Calif., “We do all of the extraordinary rendition flights–you know, the torture flights. Let’s face it, some of these flights end up that way.”

Technical writer Sean Belcher blew the whistle on the firm and told Mayer that Overby, extolling the virtues of the corporatist bottom line, said: “It certainly pays well. They”–the CIA–”spare no expense. They have absolutely no worry about cost. What they have to get done, they get done.”

Another recipient of the CIA tender mercies was Khaled el-Masri, a German citizen, who was kidnapped while on vacation in 2004 by the Agency after attempting to cross the border between Serbia and Macedonia.

According to The New Yorker, Masri charged in court papers that “Macedonian authorities turned him over to a C.I.A. rendition team. Then, he said, masked figures stripped him naked, shackled him, and led him onto a Boeing 737 business jet.”

“Flight plans, Mayer reported, “prepared by Jeppesen show that from Skopje, Macedonia, the 737 flew to Baghdad, where it had military clearance to land, and then on to Kabul. On board, Masri has said, he was chained to the floor and injected with sedatives. After landing, he was put in the trunk of a car and driven to a building where he was placed in a dank cell. He spent the next four months there, under interrogation.”

The CIA claimed it was all a case of “mistaken identity” when he was finally released, and dumped penniless, along the side of a road in the former Yugoslavia.

Mayer disclosed that after delivering their human cargo up to torture, “the American flight crew fared better than their passenger. Documents show that after the 737 delivered Masri to the Afghan prison it flew to the resort island of Majorca, where, for two nights, crew members stayed at a luxury hotel, at taxpayers’ expense.”

As a corporate entity directly profiting from the CIA’s torture programs by planning and facilitating Agency ghost flights, Jeppesen bears equal responsibility for serious breeches of U.S. and international law. As a co-conspirator with the CIA, Jeppesen was complicitous in the Agency’s illegal kidnapping and disappearance of “terrorism” suspects into CIA black sites across Europe, Asia and the Middle East.

While American “justice” is now a euphemism for impunity for the ruling rich and a maximum security prison cell for the poor, others are far less squeamish when it comes to pointing the finger, and naming names.

As the Council of Europe reported back in 2007, “The Legal Affairs and Human Rights Committee now considers it factually established that secret detention centres operated by the CIA have existed for some years in Poland and Romania, though not ruling out the possibility that secret CIA detentions may also have occurred in other Council of Europe member states.”

The Council “earnestly deplores the fact that the concepts of state secrecy or national security are invoked by many governments (United States, Poland, Romania, ‘the former Yugoslav Republic of Macedonia’, Italy and Germany, as well as the Russian Federation in the Northern Caucasus) to obstruct judicial and/or parliamentary proceedings aimed at ascertaining the responsibilities of the executive in relation to grave allegations of human rights violations.”

“The Committee also stresses,” human rights rapporteur Dick Marty wrote, “the need to rehabilitate and compensate victims of such violations. Information as well as evidence concerning the civil, criminal or political liability of the state’s representatives for serious violations of human rights must not be considered as worthy of protection as state secrets.”

Not that any of this mattered to the U.S. government. Shortly after the ACLU’s suit was filed, Bush’s Justice Department intervened, claiming that the case could not go forward and asserted the “state secrets privilege,” arguing that evidence presented by the plaintiffs in court detailing their horrific treatment would undermine U.S. “national security.”

Never mind that these programs were hardly secret and had been disclosed by multiple investigations by journalists and human rights organizations. Shortly after taking office in 2009, this position was defended by Barack Obama’s discredited “change” regime, claiming that the entire case was a “state secret.”

During arguments before the Ninth Circuit in early 2009, the San Francisco Chronicle reported that Justice Department attorney Douglas Letter told the court in a thinly-veiled warning that “judges shouldn’t play with fire.”

However, ACLU attorney Ben Wizner said during oral arguments “that the supposedly ultra-secret rendition program is widely known.” Wizner noted “that Sweden recently awarded $450,000 in damages to one of the plaintiffs, Ahmed Agiza, for helping the CIA transport him to Egypt, where he is still being held and allegedly has been tortured.”

“The notion that you have to close your eyes and ears to what the whole world knows is absurd,” Wizner told the court.

Winding its way through the U.S. Ninth Circuit Court of Appeals, a three-judge panel overturned the District Court’s dismissal of the suit, ruling that the government cannot dismiss the case and that the “state secrets privilege” can only be invoked after specific evidence is presented. The three-judge panel went further however, and stated forcefully in their opinion:

At base, the government argues … that state secrets form the subject matter of a lawsuit, and therefore require dismissal, any time a complaint contains allegations, the truth or falsity of which has been classified as secret by a government official. The district court agreed, dismissing the case exclusively because it “involves allegations about [secret] conduct by the CIA.” This sweeping characterization of the “very subject matter” bar has no logical limit–it would apply equally to suits by US citizens, not just foreign nationals; and to secret conduct committed on US soil, not just abroad. According to the government’s theory, the Judiciary should effectively cordon off all secret government actions from judicial scrutiny, immunizing the CIA and its partners from the demands and limits of the law.

But there’s the rub: the secret state had no intention of ever presenting evidence that the plaintiffs’ treatment was “legal,” and in fact, sought to cover their tracks and those of their defense industry partners in the hope of completely erasing this case, and others, including those involving the government’s illegal warrantless wiretapping programs which most certainly “cordon off all secret government actions from judicial scrutiny,” effectively expunging evidence of government crime from the public record.

Undaunted, the Obama administration appealed the decision before a full panel of 11 judges, and in September 2010, that panel reversed the Ninth Circuit’s earlier ruling by a 6-5 vote.

Last December, the ACLU petitioned the Supreme Court to review the lower court’s decision dismissing the lawsuit, but the Court declined.

“With today’s decision, Ben Wizner, the litigation director of the ACLU’s National Security Project, said in a press release, that “the Supreme Court has refused once again to give justice to torture victims and to restore our nation’s reputation as a guardian of human rights and the rule of law.”

Decrying the court’s refusal to review the case against Jeppesen, Wizner said that “to date, every victim of the Bush administration’s torture regime has been denied his day in court. But while the torture architects and their enablers have escaped the judgment of the courts, they will not escape the judgment of history.”

Last month’s dismissal of the ACLU’s petition is all the more ironic considering that the Court, in an 8-1 ruling, permits police to conduct searches of private homes without benefit of obtaining a warrant if they believe an “exigent [emergency] circumstance” prevails.

In other words, we’re to meekly submit to the further erosion of Fourth Amendment protections and can no longer seek relief from the courts simply because police, whom we know never lie or frame criminal defendants, have reason to “suspect” that illegal behavior is taking place behind closed doors!

But as the World Socialist Web Site points out, “a host of recent decisions, all of which in one way or another purport to show ‘deference’ to the executive, whether for reasons of ‘national security,’ ‘state secrets,’ or the ‘exigencies’ of police work, the Supreme Court is abandoning any effort to restrain the exercise of executive power.”

Socialist critic Tom Carter writes, “These decisions, taken together, effectively relegate a US judge to the same role as a judge in a police state, who functions merely as an after-the-fact rubber stamp for executive decisions,” and “should be taken as a warning of things to come.”

While the three Ninth Circuit judges who slapped down the Obama administration’s spurious claim of “state secrets” in the Mohamed vs. Jeppesen case believe that “the Founders of this Nation knew well … arbitrary imprisonment and torture under any circumstance is a gross and notorious act of despotism,” it should be abundantly clear by now that America’s ruling class has no interest in defending basic democratic rights as the drift towards a police state under Bush and Obama has become a repressive tsunami.

And like a horde of flesh-eating zombies shuffling out of a parking garage to feast on what’s left of our freedoms, the Obama administration has promised to revive a proposal thought dead by most: the internet “kill switch.”

On May 12, the White House released a 52-page document outlining administration plans governing cybersecurity. The bill designates the Department of Homeland Security as the “lead agency” with authority to initiate “countermeasures” to protect critical infrastructure from malicious attacks.

But as with other aspects of U.S. policy, from waging aggressive wars to conducting covert actions overseas, elite policy planners at the Pentagon and at nominally civilian agencies like DHS hide offensive plans and operations beneath layers of defensive rhetoric meant to hoodwink the public.

The term “countermeasure” is described by the White House as “automated actions with defensive intent to modify or block data packets associated with electronic or wire communications, internet traffic, program code, or other system traffic transiting to or from or stored on an information system for the purpose of protecting the information system from cybersecurity threats, conducted on an information system or information systems owned or operated by or on behalf of the party to be protected or operated by a private entity acting as a provider of electronic communication services, remote computing services, or cybersecurity services to the party to be protected.” (Section 1. Department of Homeland Security Cybersecurity Authority, May 12, 2011, p. 1)

In other words, the proposal would authorize DHS and presumably other federal partners like the National Security Agency, wide latitude to monitor, “modify or block” data packets (information and/or communications) deemed a threat to national security.

It isn’t a stretch to conclude that such “automated actions” would be predicated on the deployment of systems such as “Einstein 3″ or the NSA’s top secret “Perfect Citizen” program throughout the nation’s electronic communications architecture.

NSA’s Einstein 3 project we’re told is designed to prevent malicious attacks on government systems and, controversially, private sector networks. Using NSA hardware and the signatures of previous attacks as a road map, Einstein 3 routes the internet traffic “of civilian agencies through a monitoring box that would search for and block computer codes designed to penetrate or otherwise compromise networks,” The Washington Post reported.

According to multiple media reports, AT&T, one of the Agency’s private partners in Bush and now, Obama administration warrantless wiretapping programs variously known as “Stellar Wind,” “Pioneer,” its data-mining portion and “Pinwale,” the agency’s secret email collection program, was the Bush administration’s choice to test the system. In fact, before agreeing to participate in the pilot project AT&T attorneys sought assurances from the Justice Department “that it would bear no liability for participating,” the Post averred.

Since 2009, under Obama, Einstein 3 testing has proceeded apace.

Last summer, The Wall Street Journal revealed that NSA and a private corporate partner, the giant defense firm Raytheon, were standing up a new program known as “Perfect Citizen.”

According to investigative journalist Siobhan Gorman, the black project “would rely on a set of sensors deployed in computer networks for critical infrastructure that would be triggered by unusual activity suggesting an impending cyber attack.”

An email from a Raytheon insider that the Journal obtained recounted that “the overall purpose of the [program] is our Government…feel[s] that they need to insure the Public Sector is doing all they can to secure Infrastructure critical to our National Security.” It concluded with this ominous warning: “Perfect Citizen is Big Brother.”

While NSA initially downplayed serious threats to privacy, claiming that “Perfect Citizen” is no more intrusive than traffic cameras on a busy street, The Register cautioned that “mission creep” was a distinct possibility, given that sensitive, private information could migrate “outside an infrastructure-security context.”

How would such programs and proposals play out in the real world?

According to Government Computer News “proposed cybersecurity legislation released by the Obama administration earlier this month is similar to legislation now pending in the Senate, but it does not contain the explicit emergency powers contained in the bill introduced by Joseph I. Lieberman (I-Conn.) and Susan M. Collins (R-Maine).”

Pretty good so far? Not so fast! GCN reports, “instead, it seems to rely on a 77-year-old law that gives the president broad authority to shut down communications networks.”

Got that? There’s no need for a legislative fix to expand the president’s power to pull the plug, only in the event of an unspecified “national emergency” of course, since the White House already possesses the means to do just that, the Communications Act of 1934.

The Act, amended in 1996, specifically empowers the president “during the continuance of a war in which the United States is engaged,” control over media under circumstances determined by the Executive Branch. Accordingly, Section 706 [47 U.S.C. 606] authorizes the president “if he finds it necessary for the national defense and security, to direct that such communications as in his judgment may be essential to the national defense and security shall have preference or priority with any carrier subject to this Act.”

But the law goes further and in fact authorizes the president “whenever in his judgment the public interest requires, to employ the armed forces of the United States to prevent any such obstruction or retardation of communication.”

This would seem to open the door even further to intrusions into domestic affairs by the National Security Agency and U.S. Cyber Command, which after all are Pentagon combat support agencies, charged with carrying out electronic communications warfare.

In the event of a declared “national” or, in today’s language, a “cyber emergency,” the president “may suspend or amend, for such time as he may see fit, the rules and regulations applicable to any or all stations within the jurisdiction of the United States as prescribed by the Commission, and may cause the closing of any station for radio communication and the removal therefrom of its apparatus and equipment, or he may authorize the use or control of any such station and/or its apparatus and equipment by any department of the Government under such regulations as he may prescribe, upon just compensation to the owners.”

Substitute the word “internet” for “radio” and “network” for “station” and it becomes all-too-clear that presidential authority for an internet “kill switch” is already a reality.

And in the context of America’s “War on Terror,” described by war criminal and former Secretary of Defense Donald Rumsfeld as a conflict having “no known metrics” to determine its endpoint, “war time” powers to be exercised solely at the discretion of the president over the nation’s communications infrastructure too, seem to be virtually limitless and without constraints imposed either by Congress or the federal judiciary as recent “state secrets” rulings readily attest.

Right-wing senator Collins cried foul, saying that Executive Branch authority under the Communications Act “is far broader than the authority in our bill,” claiming that legislation she and neocon hawk Lieberman introduced would “carefully constrain” the president’s power over the internet.

Sure, just as the War Powers Act “constrained” the president from carrying out preemptive wars against countries which haven’t attacked the United States but have the singular misfortune of possessing valuable resources (can you say oil, Iraq and Libya), lusted after by American multinationals.

During last week’s hearings before the Senate Homeland Security and Governmental Affairs Committee, outgoing DHS Undersecretary for the National Protection and Programs Directorate, Philip R. Reitinger, told the Committee that the administration “would use the authority that [1934 law] brings to bear in the right way.”

“Trust us,” top Obama administration officials explain. We wouldn’t do anything that threatens the free flow of information, not to mention privacy rights or civil liberties, would we?

This from a White House that’s expanded the already formidable, and illegal, warrantless wiretapping programs of the previous regime while continuing to withhold secret legal memos cobbled together by the Office of Legal Counsel; memos justifying everything from the seizure of personal records to electronic communications by various intelligence fiefdoms under the Patriot Act, as I reported last week.

Reitinger, who’ll leave his post next month, reportedly to “spend more time with his family,” or more likely, before taking a plum position with one of the innumerable defense firms staking out the lucrative cybersecurity market, said that White House authority during a “cyber emergency,” say a sudden revolt by outraged citizens against capitalist depredations like the ones which shook Tunisia and Egypt earlier this year or are currently exploding across Spain are “one of the areas that would need to be negotiated,” GCN reported.

Of course, congressional grifters are not talking about political upheavals per se, although the response by repressive governments such as Egypt to citizens clamoring for more rights, no doubt with encouragement by certain three-lettered U.S. agencies, helped the former Mubarak regime reach their decision to flip the switch and cut off cell phone and internet access for a time.

As Washington’s cyber scare gathers steam, one of the “more controversial elements of any new cybersecurity law,” the right-wing Washington Times avers, are “what powers the president should have over the Internet in the event of a catastrophic attack on vital U.S. assets.”

“Clearly, if something significant were to happen, the American people would expect us to be able to respond and respond appropriately,” Reitinger said.

“Experts,” according to the Washington Times, “say that in the event of a major cyber-attack, authorities might have only a short time to respond and might need to temporarily divert some Internet traffic or take it off-line.”

Wringing her hands, Collins said she was “baffled” by administration plans to rely on the 1934 law.

Reitinger said that while presidential powers embedded in the Communications Act “were not designed with the current environment that we have in mind,” he insisted “there are authorities there.”

And where “authorities” exist, you can be certain that the National Security State will find the means to use them, or invent new ones, in secret and without disclosing the fact either to Congress or the public.

During hearings before the House Judiciary Subcommittee on Intellectual Property, Competition, and the Internet, Obama administration officials “faced pointed questions” over White House proposals, the National Journal reported.

“Lawmakers,” reporter Josh Smith wrote, “worried that the administration’s plan provides too much government control in cybersecurity issues.”

In a replay of the repulsive FISA Amendments Act (FAA), the White House plan “would grant legal immunity to companies who cooperate with federal cyber investigations.” North Carolina Democrat Melvin Watt was skeptical, saying that Obama’s proposal was similar to FAA’s retroactive immunity clause that handed out get-out-of-jail-free cards to telecom companies that collaborated with the secret state’s driftnet spying operations.

Watt said, “these companies could then do something that’s unconstitutional just because you say it’s not. People get very uncomfortable with the idea that the government can just call up someone, demand information, and then provide them immunity.”

And under the proposal, the federal courts would be barred from determining whether or not to grant immunity to cooperating firms accused of handing over the personal details of their customers to the government; that too, would be left to the Executive Branch.

As I have written many times (most recently here, here and here), the National Security Agency and U.S. Cyber Command, along with private partners who stand to make billions hyping the cyber threat, are driving U.S. policy.

During recent hearings, Richard J. Butler, Deputy Assistant Secretary of Defense for Cyber Policy said that the “Defense Department is sharing cybersecurity information, capabilities and expertise with the Homeland Security Department,” the Armed Forces Press Service reported.

According to Butler, cybersecurity requires a “whole government approach,” and that the “Defense and Homeland Security departments already are doing that,” citing last fall’s Memorandum of Agreement between NSA and DHS that “laid the foundation for the collaboration … to share operational planning and technical development.”

“Since then,” Butler said, “the collaboration has grown into joint coordination at U.S. Cyber Command and the National Security Agency at Fort Meade, Md., and the sharing of information, capabilities, and employees.”

Just how real is the threat?

In an essential paper published last month, Loving the Cyber Bomb?, George Mason University researchers Jerry Brito and Tate Watkins wrote that despite a “steady drumbeat of alarmist rhetoric coming out of Washington about potential catastrophic cyber threats,” the rhetoric of “‘cyber doom’ employed by proponents of increased federal intervention, however, lacks clear evidence of a serious threat that can be verified by the public.”

“As a result,” Brito and Watkins averred, “the United States may be witnessing a bout of threat inflation similar to that seen in the run-up to the Iraq War.”

“Additionally,” the researchers cautioned, “a cyber-industrial complex is emerging, much like the military-industrial complex of the Cold War. This complex may serve to not only supply cybersecurity solutions to the federal government, but to drum up demand for them as well.”

“The official consensus,” Brito and Watkins wrote, “seems to be that the United States is facing a grave and immediate threat that only quick federal intervention can address.”

As we have seen, most recently during rushed congressional votes that reauthorized expiring sections of the constitution-shredding USA Patriot Act, the Executive Branch will do everything in its power to continue hyping unverified threats, thus concealing just how far we’ve traveled along the road towards a National Surveillance State.

After all, as Wired reported last week, if “you think you understand how the Patriot Act allows the government to spy on its citizens … Sen. Ron Wyden says it’s worse than you know.”

The Oregon Democrat, a member of the Senate Intelligence Committee, told journalist Spencer Ackerman that there’s “a gap between what the public thinks the law says and what the American government secretly thinks the law says.”

During testimony last March before the House Judiciary Subcommittee on Crime, Terrorism and Homeland Security, the Justice Department’s top national security official, Todd Hinnen, told congressional grifters that Section 215, the “business records” provision “has been used to obtain driver’s license records, hotel records, car rental records, apartment leasing records, credit card records, and the like.”

However, Hinnen testified that Section 215 has “also been used to support important and highly sensitive intelligence collection operations, on which this committee and others have been separately briefed,” behind closed doors.

Neither the FBI nor the Justice Department will comment on what that secret interpretation of the law might entail. However, security and privacy researcher Christopher Soghoian averred that the secret state’s “sensitive collection program” is likely “related to warrantless, massive scale collection of geo-location information from cellular phones.”

“Clearly,” Soghoian writes, “there are many unanswered questions–we do not know what kind of data collection is occurring, and why it is problematic enough to cause four senators to speak up publicly. However, given that four senators have now spoken up, this strongly suggests that there is something seriously rotten going on.”

Commenting on the rush to pass Patriot Act legislation, CNET News investigative journalist Declan McCullagh averred: “It’s true that exabytes upon exabytes of data could, in theory, be helpful in investigating terrorism and other crimes. This was the motivation behind the Total Information Awareness idea, after all. But it’s also true that nobody in the U.S. Congress believed that they were giving the FBI such sweeping authority when enacting the law nearly a decade ago.”

Magnify those concerns by a factor of ten or even a thousand when it comes to the formidable array of surveillance capabilities already deployed by the National Security Agency.

And if the interpretation of the Communications Act favored by top Obama administration officials gain traction in Congress then, as the ACLU recently warned “there are [cybersecurity] proposals out there that would permit information grabs that make the Patriot Act look quaint.”

Ever wonder why the truth about 9/11 never got exposed? Why Americans don’t have a clue about leadership fraud surrounding the War on Terror? Why Americans don’t know if the 9/11 investigation was really successful? Why the Iraqi Peace Option draws a blank? Somebody has known the whereabouts of Osama bin Laden— or his grave—for the past 10 years. But nobody’s talking to the people.

In significant part, that’s because of the Patriot Act— a law that equates free speech with sedition. It’s got a big agenda, with 7,000 pages of Machiavellian code designed to interrupt individual questioning of government policy. In this brave new world, free speech under the Bill of Rights effectively has been declared a threat to government controls for maintaining stability. And the Patriot Act has become the premiere weapon to attack whistle blowers and dissidents who challenge the comfort of political leaders hiding inconvenient truths from the public. It’s all the rage on Capitol Hill, as leaders strive to score TV ratings, while their demagoguery as “outstanding leadership performance” on everything from national security to environmental policy.

Truth has Become Treason

But wait–Congress assures us the Patriot Act only targets foreigners, who come to our shores seeking to destroy our way of life through violent, criminal acts. Good, law abiding Americans have nothing to fear. The Patriot Act restricts its powers of “roving wiretaps” and warrantless searches to international communications among “bad guys.” Congress has sworn, with hand on heart, it’s only purpose is breaking down terrorist cells and hunting out “lone wolf” mad men.

That’s what they told you, right? And you believed them? You trust the government. Well, that was your first mistake. With regards to the Patriot Act, it’s a fatal one. Would the government lie to you? You betcha! And they have.

The Patriot Act reaches far beyond terrorism prevention. In my home state of Maryland, State Police invoked the Patriot Act to run surveillance on the Chesapeake Climate Action Network dedicated to wind power, recycling and protection of the Chesapeake Bay. They infiltrated the DC Anti War Network, suggesting the group might be a front for “white supremacists,” and Amnesty International, claiming to investigate “civil rights abuses.” Opponents of the death penalty also got targeted (in case they got violent).

Bottom line: truth tellers who give Americans too much insight on any number of issues are vulnerable to a vast arsenal of judicial weapons typically associated with China or Myanmar. In the Patriot Act, the government has created a powerful tool to hunt out free thinking on the left or right. It doesn’t discriminate. Anyone who opposes government policy is at risk

How do I know all this? Because I was the second non-Arab American ever indicted on the Patriot Act. My arrest defied all expectations about the law. I was no terrorist plotting to explode the Washington Monument. Quite the opposite, I had worked in anti-terrorism for almost a decade, covering Iraq and Libya, Yemen, Egypt and Malaysia at the United Nations. At the instruction of my CIA handler, I had delivered advance warnings about the 9/11 attack to the private staff of Attorney General John Ashcroft and the Office of Counter-Terrorism in August, 2001. FBI wire taps prove that I carried details of a comprehensive peace framework with Iraq up and down the hallowed corridors of Capitol Hill for months before the invasion, arguing that War was totally unnecessary.

I delivered those papers to Democrats and Republicans alike; to my own second cousin, White House Chief of Staff Andrew Card; and to Secretary of State Colin Powell, who lived next door to my CIA handler. Gratis of the Patriot Act, we had the manila envelope and my hand written notes to Secretary Powell, dated a week before his infamous speech at the United Nations. My papers argued that no WMDs would be found inside Iraq, and that the peace framework could achieve all U.S. objectives without firing a shot.

In short, I was an Asset who loudly opposed War with Iraq, and made every effort to correct the mistakes in assumptions on Capitol Hill.

Then I did the unthinkable. I phoned the offices of Senator Trent Lott and Senator John McCain, requesting to testify before a brand new, blue ribbon Commission investigating Pre-War Intelligence. Proud and confident of my efforts, I had no idea Congress was planning to blame “bad intelligence” for the unpopular War.

Over night I became Public Enemy Number One on Capitol Hill.

Thirty days later I awoke to hear FBI agents pounding on my door. My nightmare on the Patriot Act lasted 5 years— Four years after my arrest, the Court granted me one morning of evidentiary testimony by two supremely credible witnesses. Parke Godfrey verified my 9/11 warnings under oath. Otherwise, I never got my day in Court.

The Patriot Act’s Arsenal to Stop Free Speech

If you care about America and the traditions of freedom, whether you’re progressive or conservative, you should be angry about this law.

First come the warrantless searches and FBI tracking surveillance. My work in anti-terrorism gave me no protection. I got my first warrantless search after meeting an undercover FBI agent to discuss my support for free elections in Iraq and my opposition to torture and sexual humiliation of Iraqi detainees. (Sorry guys, body wires don’t lie.)

If truth tellers don’t get the message to shut their mouths, the Justice Department ratchets up the pressure. Defendants face secret charges, secret evidence and secret grand jury testimony. Throughout five years of indictment, my attorneys and I never got to read a single FBI interview or grand jury statement. Under the Patriot Act, the whistleblower/defendant has no right to know who has accused him or her of what criminal activities, or the dates of the alleged offenses, or what laws got broken.

Of course, I was able to piece together my activities. I knew that “sometime in October, 2001″ an Iraqi diplomat gave me the English translation of a book on depleted uranium, which showed how cancer rates and birth defects had spiked in Iraqi children.

And I was quite certain that on October 14, 1999, an Iraqi diplomat asked me how to channel major financial contributions to the Presidential Campaign of George Bush and Dick Cheney. The Justice Department got the date from me, since I reported my conversation immediately to my Defense Intelligence handler, Paul Hoven.

It’s unlikely the grand jury knew that, since the Justice Department has the prerogative to keep a grand jury in the dark. In this brave new world, a grand jury can be compelled to consider indictments carrying 10 years or more in prison, without the right to review evidence, or otherwise determine whether an individual’s actions rise to the level of criminal activity at all.

That’s just the beginning. Once Congress scores an indictment against a political opponent, the Justice Department can force Defense attorneys to undergo protracted security clearances, while the whistle blower cum defendant waits in prison–usually in solitary confinement or the SHU. After the security clearance, prosecutors have an ironclad right to bar attorneys from communicating communications from the prosecution to the defendant, on threat of disbarment, stiff fines or prison sentence.

Scared yet? Once you get to trial, the situation gets much worse. The Patriot Act declares that a prosecutor has no obligation to show evidence of criminal activity to a jury at all. And the Defense can be denied the right to argue a rebuttal to those secret charges, because it requires speculation that might mislead the jury—or might expose issues that the government considers, well, secret. After all that a Judge can instruct a jury that the prosecution regards the secret evidence as sufficient to merit conviction on the secret charges. The Jury can be barred from considering the lack of evidence in weighing whether to convict.

Think I’m exaggerating? You would be wrong. That’s what happened to me. All of it—with one major glitch. All of this presumes the whistle blower’s lucky enough to get a trial. I was denied mine, though I fought vigorously for my rights. Instead, citing the Patriot Act, I got thrown in prison on a Texas military base without so much as a hearing—and threatened with indefinite detention and forcible drugging, to boot.

Americans are not nearly afraid enough.

Neither is Congress. As of this week, members of Congress should be very afraid. Anyone who votes to extend the Patriot Act should expect to pack their bags in 2012. They will be targeted for defeat. Above all, the words “freedom” and “Constitution” will never appear in their campaigns without suffering extreme public scorn—never, ever again.

Arrests at protest have been increasing each year since 2009. Those arrested include people protesting US wars in Afghanistan and Iraq, Guantanamo, strip mining, home foreclosures, nuclear weapons, immigration policies, police brutality, mistreatment of hotel workers, budget cutbacks, Blackwater, the mistreatment of Bradley Manning, and right wing efforts to cut back collective bargaining.

These arrests illustrate that resistance to the injustices in and committed by the US is alive and well. Certainly there could and should be more, but it is important to recognize that people are fighting back against injustice.

Information on these arrests has been taken primarily from the newsletter The Nuclear Resister, which has been publishing reports of anti-nuclear resistance arrests since 1980, and anti-war actions since 1990.

Jack Cohen-Joppa, who with his partner Felice, edits The Nuclear Resister, told me “Over the last three decades, in the course of chronicling more than 100,000 arrests for nonviolent protest and resistance to nuclear power, nuclear weapons, torture, and war, we’ve noted a quadrennial decline as support for protest and resistance gets swallowed up by Presidential politicking. It has taken a couple of years, but the Hopeium addicts of 2008 are finally getting into recovery. We’re again reporting a steady if slow rise in the numbers willing to risk arrest and imprisonment for acts of civil resistance. Today, for instance, there are more Americans serving time in prison for nuclear weapons protest than at any time in more than a decade.”

In the list below I give the date of the protest arrest and a brief summary of the reason for the protest. After each date I have included the name of the organization which sponsored the protest. Check them out. Remember, they can jail the resisters but they cannot jail the resistance!

2011
January 1, 2011. Nine women, ages 40 to 91, who brought solar panels to the Vermont Yankee nuclear reactor were arrested for blocking the driveway at Entergy Corporation. Shut It Down.
January 5, 2011 and February 2, 2011. Five arrests were made of peace activists protesting at Vandenberg Air Force base, including a veteran of WWII. Vandenberg Witness.
January 11, 2011. Ten people protesting against the continued human rights violation of Guantanamo prison trying to deliver a letter to a federal judge were arrested at the federal building in Chicago, Illinois.
January 11, 2011. A sixty one year old grandmother protesting against excessive radiation was arrested for blocking the path of a utility truck in Sonoma County, California.
January 15, 2011. Twelve people protesting against Trident nuclear weapons at the Kitsap-Bangor naval base outside of Seattle, Washington were arrested – six on state charges of blocking the highway and six others on federal charges of trespass for crossing onto the base. Ground Zero Center for Nonviolent Action.
January 17, 2011. Marking the anniversary of Martin Luther King Jr.’s birthday, people protested outside the Lockheed Martin Valley Forge Pennsylvania office where eight people were arrested. Brandywine Peace Community.
January 17, 2011. Three people protesting the US use of armed drones and depleted uranium were arrested at the Davis-Monthan air force base near Tucson Arizona.
January 29, 2011. Eight peace activists marking the 60th anniversary of the testing of the atom bomb were arrested at the Nevada Nuclear Test Site. Nevada Desert Experience.
February 10, 2011. Twenty three hotel workers were arrested after protesting management abuses at the Hyatt Regency San Francisco. UNITE Here Local 2.
February 15, 2011. A former CIA agent turned whistleblower was arrested and battered by police for standing silently and turning his back during a speech on the need for human rights in Egypt delivered by the US Secretary of State. Veterans for Peace.
February 17, 2011. Nine people protesting against the attack on collective bargaining in Wisconsin were arrested at the Wisconsin Capitol in Madison.
February 25, 2011. Eleven people protesting federal budget cuts against the poor, including one person in a wheelchair were arrested charged with blocking traffic in Chicago.
March 4, 2011. Three people were arrested in Seattle after a protest against police abuse.
March 4, 2011. Sixteen people were arrested at a protest against tuition increases at the University of Wisconsin Milwaukee.
March 10, 2011. Fifty people protesting the removal of collective bargaining rights were arrested after being carried out of the Wisconsin Capitol in Madison.
March 16, 2011. Seven union supporters protesting proposals to strip collective bargaining from teachers were arrested in Nashville Tennessee.
March 19, 2011. One hundred thirteen people protesting the eighth anniversary of the war in Iraq, lead by Veterans for Peace, were arrested at White House. Veterans for Peace.
March 19, 2011. Eleven military family members and veterans were arrested in Hollywood California after staging a sit protesting the 8th anniversary of the war in Iraq. Veterans for Peace.
March 20, 2011. Thirty five people were arrested protesting outside the Quantico brig where Bradley Manning was being held. Bradley Manning Support Network.
March 28, 2011. Seven people defending a family against eviction and protesting home foreclosures were arrested in Rochester, NY, including a 70 year old neighbor in her pajamas. Take Back the Land.
April 4, 2011. Seven people protesting against unjust immigration legislation barring undocumented immigrants from Georgia colleges were arrested for blocking traffic in Atlanta Georgia.
April 7, 2011. Seventeen people were arrested protesting budget cuts in assistance for the poor and elderly and calling for an end to corporate tax exemptions in Olympia Washington.
April 10, 2011. Twenty seven people calling attention to the thousands of murders of people in Latin America by graduates of the US Army School of the Americas/WHINSEC were arrested outside the White House. School of Americas Watch.
April 11, 2011. Forty one people, including the Mayor and many of the members of the District of Columbia city council, protesting Congressional action limiting how the District of Columbia could spend its own money were arrested in Washington DC.
April 15, 2011. Eight teenage girl students, some as young as fourteen, were arrested after they refused to leave their public school Catherine Ferguson Academy, which is specially designated for pregnant and mothering teens in Detroit. Also with the young women were children and teachers. The school is targeted for closure due to budget cutbacks.
April 22, 2011. Thirty seven people were arrested protesting the use of drones outside the Hancock Air Force base near Syracuse New York. Syracuse Peace Council. Ithaca Catholic Worker.
April 22, 2011. Eleven women chained and locked the gate at the Vermont Yankee nuclear power plant in Vernon Vermont before being arrested.
April 22, 2011. Thirty three people protesting at the Livermore Lab which designs nuclear weapons at an interfaith peace service were arrested for trespassing in California.
April 22, 2011. Four people were arrested at the Pentagon after they held up a banner and read from a leaflet outside of the designated protest zone. Dorothy Day Catholic Worker.
April 24, 2011. Sixteen protestors against nuclear weapons at the Nevada National Security Site were arrested after a sixty mile sacred walk from Las Vegas. Nevada Desert Experience. Pace e Bene.
May 2, 2011. Fifty two protestors against a nuclear weapons plant in Kansas City Missouri were arrested after blocking a gate to the construction site. Holy Family Catholic Worker.
May 9, 2011. Five people protesting against draconian immigration laws were arrested in the governor’s office in Indianapolis, Indiana.
May 7, 2011. Seven people celebrating Mothers Day and protesting nuclear weapons were arrested outside the Naval Base Kitsap-Bangor twenty miles from Seattle. Ground Zero Center for Nonviolent Action.
May 9, 2011. Sixty five people protesting cutbacks in education funding were arrested in Sacramento California.

2010
January 6, 2010. Over one hundred people protesting for union recognition of hotel workers at Hyatt San Francisco were arrested. UNITE Here Local 2.
January 15, 2010. A man who served nearly six months in jail and who was still on probation for hammering windows at a military recruiting center in Lancaster Pennsylvania was arrested at the recruiting center after insisting that recruiters and recruits to leave the army.
January 18, 2010. Seven people commemorating Martin Luther King’s birthday wore sandwich board messages saying “Make War No More,” “It’s about Justice,” and “its About Peace,” outside of Lockheed Martin’s main entrance in Merion Pennsylvania until they were arrested. Brandywine Peace Community.
January 21, 2010. Forty-two people protesting the ongoing human rights violations of Guantanamo prison were arrested at the US Capitol building. Twenty-eight were arrested on the steps of the Capitol and fourteen inside the rotunda. Witness Against Torture.
January 26, 2010. Thirteen people from Minnesota lobbying to stop funding for war were arrested after holding a die-in on the sidewalk in front of the White House. Voices for Creative Nonviolence.
January 31, 2010. Eight people were arrested trying to protest at Vandenberg Air Force base in California, one of those arrested, an octogenarian, was brought to the hospital for injuries suffered in the arrest. A few days later, seven protestors were arrested at the same spot. A month later, four more protestors were arrested. Vandenberg Witness.
February 22, 2010. Five people protesting against the wars in Iraq and Afghanistan were arrested inside US Senators’ offices in the Des Moines Iowa federal building. Voices for Creative Nonviolence. Des Moines Catholic Worker.
March 4, 2010. Four students protesting against rape were arrested after they refused to leave the administration building at Michigan State University in East Lansing Michigan.
March 20, 2010. Nine peace activists were arrested in Washington DC for lying down beside mock coffins outside the White House.
March 21, 2010. Two people protesting at the Aerospace and Arizona Days air show at Monthan Air Force base held a banner declaring “War is not a Show” in front of a Predator Unmanned Air Vehicle (drone) were arrested.
March 30, 2010. Eight protestors were arrested during a march against police brutality in Portland Oregon.
April 2, 2010. Eleven people on a Good Friday walk for peace and justice were arrested outside the USS Intrepid in New York city after they began reading the names of 250 Iraqi, American and Afghan war dead. Pax Christi New York.
April 2, 2010. Nine people carrying a banner “Lockheed Martin Weapons + War = The Crucifixion Today” in the 34th annual Good Friday protest at Lockheed Martin were arrested in Valley Forge Pennsylvania. Brandywine Peace Community.
April 4, 2010. Twenty two people protesting against nuclear weapons after the Sacred Walk from Las Vegas to the Nevada Nuclear Test Site were arrested after the Western Shoshone sunrise ceremony and Easter Mass. Nevada Desert Experience.
April 7, 2010. Three people, including a 12 year old girl, were arrested inside a US Senators office in Des Moines, Iowa with a banner “No More $$$ For War.” The mother of the 12 year old girl was called into the police station and issued a citation the next day for contributing to the delinquency of a minor. Voices for Creative Nonviolence and Des Moines Catholic Worker.
April 15, 2010. A man protesting nuclear weapons was arrested inside the security fence of a nuclear missile silo near Parshall, North Dakota.
April 16, 2010. Twelve people protesting against Sodexho mistreatment of workers were arrested in Montgomery County Maryland. Service Employees International Union.
April 20, 2010. A woman was arrested for standing in the path of a bulldozer to try to prevent mining in Marquette County, Michigan.
April 26, 2010. Seventeen people protesting war and poverty inside and outside the federal building in Chicago were arrested. Midwest Catholic Worker.
April 26, 2010. Boulder Colorado police arrested five people protesting at Valmont coal power plant.
May 3, 2010. Three people protesting nuclear weapons were arrested at Bangor Naval Base outside of Seattle Washington. Ground Zero Center for Nonviolent Action.
May 3, 2010. Twenty two people protesting nuclear weapons were arrested at Grand Central Station in New York city after unfurling banners saying “Nuclear Weapons = Terrorism,” and “Talk Less, Disarm More.” War Resisters League.
May 9, 2010. Seven people trying to stop a foreclosure-driven eviction were arrested in Toledo Ohio. Take Back the Land.
May 15, 2010. Thirty four people protesting against Arizona’s draconian immigration laws were arrested outside the White House.
May 17, 2010. Sixteen people were arrested in NYC protesting against unjust immigration policies.
May 20, 2010. A woman US Army specialist who served as a Military Police applied for conscientious objector status while serving in Iraq and who later left her unit was sentenced to 30 days in jail.
May 24, 2010. Thirty seven people protesting against unjust immigration policies were arrests in New York City.
June 1, 2010. Fifty six people protesting against unjust immigration policies were arrested in NYC.
June 8, 2010. Six peace advocates were arraigned in federal court in Des Moines, Iowa for numerous actions protesting in US Senators offices for the previous several months. One activist, a grandmother and hog farmer, held weekly die-ins in Senators’ offices and was arrested frequently. Once, when police asked her to leave, she replied that she was dead and couldn’t leave. Voices for Creative Nonviolence.
June 15, 2010. Several people protesting against evictions caused by bank foreclosure were arrested in Miami Florida. Take Back the Land.
June 23, 2010. Twenty two people protesting in favor of immigration reform singing “America the Beautiful” and “This Land is Your Land,” were arrested and charged with blocking traffic in Seattle.
July 5, 2010. Thirty six people protesting for a nuclear free future were arrested at the Y12 Nuclear Weapons Complex in Oak Ridge, Tennessee – thirteen of federal trespass charges and twenty-three on state charges for blocking a highway. Oak Ridge Environmental Peace Alliance.
July 6, 2010. Seventy eight people protesting against police brutality in Oakland California and the trial involving a shooting by a BART police office.
July 23, 2010. One hundred fifty two hotel workers protesting against management at the Grand Hyatt San Francisco were arrested. UNITE Here Local 2.
July 29, 2010. Thirteen people were arrested in Tucson Arizona protesting against the state’s illegal immigration laws.
August 9, 2010. On Nagasaki day, three people protesting against the US commitment to nuclear weapons were arrested outside the US Strategic Air Command in Omaha Nebraska. Omaha Catholic Worker.
August 15, 2010. A twenty two year old female student at Michigan State University who pitched an apple pie at a US Senator during an anti-war protest was arrested and charged with federal felony charges of forcible assault on a federal officer. Another anti-war activist was also arrested and charged with the same crime.
September 9, 2010. Twelve people protesting for equality for gay people in the workplace were arrested in San Francisco.
September 27, 2010. One hundred fourteen people protesting mountaintop removal coal mining were arrested at the White House after a conference of people from West Virginia, Virginia, Kentucky and Tennessee. Prior to this protest, forty-nine activists in the Climate Ground Zero Campaign have served jail time for taking action against strip-mining in Appalachia. Climate Ground Zero.
November 5, 2010. One hundred fifty two people protesting police killings were arrested in Oakland, California.
November 8, 2010. Five people protesting wind turbines in Lincoln, Maine were arrested including an 82 year old native of Maine.
November 21, 2010. Three people were arrested on federal charges and twenty-four more on state charges at the School of Americas/WHINSEC protest in Columbus Georgia outside the gates of Fort Benning. Six others were arrested at a protest against a private prison housing immigrants in rural Georgia. School of Americas Watch. ACLU Immigrant Rights Project.
December 1, 2010. Three people protesting against unjust immigration policies were arrested at the office of a Congress rep in Racine Wisconsin. Voces de la Frontera.
December 16, 2010. One hundred thirty one protestors, including numerous veterans, gathered in the snow outside the White House challenging the war in Afghanistan, the cover-up of war crimes and the prosecution of Bradley Manning and Wikileaks were arrested for failing to clear the sidewalk. In a parallel New York City protest, several others were also arrested. Veterans for Peace.
December 17, 2010. Twenty two people protesting against unfair home foreclosures were arrested when they blocked an entrance to a Chase bank branch in Los Angeles. Alliance Californians for Community Empowerment.
December 20, 2010. Six people were arrested after protesting at Bank of America against the foreclosure of an elderly couple in South Saint Louis. Missourians Organizing for Reform and Empowerment.
December 28, 2010. Three parents asking for the abolition of all nuclear weapons were arrested for leafleting at the Pentagon. Dorothy Day Catholic Worker.

2009
January 2009, seventeen people, clad in black mourning clothes and white masks, were arrested in the US Senate Building for reading the names of the dead in ongoing US wars and unfurling banners stating “The Audacity of War Crimes,” “Iraq,” “Afghanistan,” “Palestine,” and “We Will Not Be Silent.”
January 26, 2009, six human rights advocates were sentenced to two to six months of federal prison or home arrest in federal court in Columbus Georgia for challenging training of Latin American human rights abusers at the US Army School of the Americas (SOA/WHINSEC) by walking onto Fort Benning. School of Americas Watch.
January 2009, a former Army specialist who refused to graduate with his Airborne Division because he realized he could not kill anybody was arrested and jailed at Fort Bragg, North Carolina. The former soldier had been ordered home in May 2002 to await discharge papers. Courage to Resist.
February 2009. There were fifteen arrests of activists protesting mountain top removal by Massey in West Virginia. Climate Ground Zero.
February 2009, five peace activists in Salem Oregon fasting on the steps of the state capitol building so that National Guard soldiers would not be sent to Iraq and Afghanistan were cited for trespass by state police.
March 1, 2009, six anti-nuclear activists protesting the 55th anniversary of the US nuclear bomb detonation at Bikini Atoll were arrested at the Naval Base Kitsap-Bangor in Kitsap, Washington after they knelt in the roadway. Ground Zero Community and Pacific Life Community.
March 4, 2009, nine people seeking to present a letter to CEO of Alliant Technologies outlining how weapons manufacturers were prosecuted as war criminals at the end of WWII were arrested in Eden Prairie, Minnesota. Alliant Action.
March 12, 2009, four people who were arrested during a protest at Vandenberg Air Force base were fined between $500 and $2500 by federal authorities. California Peace Action.
March 17, 2009, seven people seeking a meeting with US Defense Secretary to challenge the legality of the war in Iraq were arrested at the Pentagon. National Campaign for Nonviolent Resistance.
March 18, 2009, seven women, ranging in ages from 65 to 89, some in wheelchairs and walkers, were arrested protesting the war in Iraq after wrapping yellow crime scene tape around a military recruiting center and blocking the entrance for an hour in New York City. Grannie Peace Brigade.
March 19, 2009, three people protesting the war in Iraq were arrested in Washington DC. In one instance a US Army veteran scaled the front of the Veterans Administration building and unfurled a banner saying “Veterans Say NO to War and Occupation.” Protests against the war in Iraq in Chicago resulted in an arrest there after banner drop.
March 19-21, 2009, protests against the war in Iraq in San Francisco resulted in twenty-two arrests at a die-in in the financial district, eleven more for blocking a street outside the Civic Center, and ten more at the Saturday march when Palestinian marchers were confronted by pro-Israel counter protestors resulting in police using batons and tear gas.
March 31, 2009, four people were arrested in Brattleboro, Vermont, for standing in silent opposition to the Vermont Yankee nuclear power reactor.
March 31, 2009, an anti-nuclear protestor was convicted of trespassing at the Los Alamos nuclear weapons facility and sentenced to two days in jail, community service and probation. Trinity House Catholic Worker.
April 3, 2009, four people protesting injustices on Wall Street and in Afghanistan and Iraq were arrested in New York, NY, for marching down the center of the street. Bail Out the People Movement.
April 9, 2009, fourteen people were arrested at Creech Air Force outside Las Vegas Nevada base protesting against the US use of drones in lethal attacks in Pakistan, Afghanistan and Iraq. Nevada Desert Experience.
April 10, 2009, eight people were arrested while kneeling and praying for peace at the Pentagon. Another, clad in an orange jumpsuit and black hood, was arrested at the White House where he was chained to the fence protesting the human rights abuses of Guantanamo. Jonah House.
April 10, 2009, sixteen people were arrested while protesting the war profiteer Lockheed Martin in Valley Forge, Pennsylvania. Brandywine Peace Community.
April 12, 2009, twenty one people were arrested while protesting the use of nuclear weapons at the Nevada Nuclear Test Site on Western Shoshone tribal lands. Nevada Desert Experience.
April 17, 2009. A man protesting US polices of violence, racism and poverty-production was sentenced to six months in prison for hammering out some windows in the US Military Recruiting Center in Lancaster Pennsylvania.
April 23, 2009, four people protesting lies by military recruiters were arrested after locking themselves to the door at the military recruiting center in Minnesota. Three others were arrested at the Knollwood Plaza after disrupting the recruitment center so much it had to be closed. Another woman was arrested near a recruiting center after placing a “Don’t Enlist” sticker on a police car. Antiwar committee.
April 24, 2009, a woman calling for the return of the National Guard from Iraq was arrested in the US House Appropriations during testimony by US Generals in Washington DC. Code Pink.
April 28, 2009, a US Army veteran who refused to fight in Iraq was court-martialed in Fort Stewart, Georgia and sentenced to one year in prison. Courage to Resist.
April 29, 2009, twenty-two people were arrested after trying to serve a Notice of Foreclosure for Moral Bankruptcy on Blackwater/Xe, the mercenary company responsible for so many deaths in Iraq, at its compound in Mount Carmel, Illinois. Des Moines Catholic Worker Community.
April 30, 2009, sixty three people were arrested at the White House protesting against illegal detention and torture at Guantanamo prison. Witness Against Torture.
May 20, 2009. Twenty one people protesting against the war in Iraq were arrested outside a military recruiting center in Milwaukee Wisconsin.
July 22, 2009, four people protesting against Boeing’s role in the production of drones, which have killed more than 700 people in Afghanistan and Pakistan, were arrested inside the Boeing lobby in Chicago, Illinois. Christian Peacemaker Teams.
August 4, 2009, four shareholders who sought to speak at the shareholders meeting of depleted uranium munitions producer Alliant Techsystems were arrested when they approached the microphone in Eden Prairie Minnesota. Alliant Action.
August 5, 2009, a US Army specialist who refused to deploy to Afghanistan was sentenced to 30 days in jail and given a less than honorable discharge in Killeen Texas. Courage to Resist.
August 6, 2009, a 75 year old priest, protesting the 64th anniversary of the US dropping atomic bombs on Hiroshima, was arrested outside of Greeley Colorado where he cut the fence around a nuclear missile silo, hung peace banners, prayed and tried to break open the hatch on the silo.
August 6, 2009, nine antiwar activists were arrested at Fort McCoy Wisconsin after a three day peace walk protesting against US nuclear weapons and wars in Afghanistan and Iraq. Nuke Watch.
August 6, 2009, two people were arrested at the Pentagon entrance on the anniversary of the Hiroshima bombing carrying a banner stating “Remember the Pain, Remember the Sin, Reclaim the Future.” Jonah House.
August 6, 2009, twenty two people protesting the horror of Hiroshima were arrested in Livermore California when they blocked the entrance to the Lawrence Livermore weapons lab. Tri-Valley Communities Against a Radioactive Environment.
August 6, 2009, nine people at a vigil for peace and nonviolence were arrested for walking onto Lockheed Martin property at Valley Forge Pennsylvania and spreading sunflower seeds, an international symbol for the abolition of nuclear weapons. Brandywine Peace Community.
August 6, 2009, two people were arrested when they refused to stop praying at the gates of the Davis-Monthan Air Force base in Tucson Arizona. Rose of the Desert Catholic Worker.
August 10, 2009, nine persons calling for the abolition of nuclear weapons were arrested at Bangor Naval base, home to the Trident submarine, twenty miles from Seattle Washington. Ground Zero Community.
August 14, 2009, a US Army Sergeant who refused to go to Afghanistan and who asked for conscientious objector status was found guilty of disobeying lawful orders and going AWOL at a trial in Fort Hood. He was sentenced to one year in prison and given a bad conduct discharge.
August 17, 2009. Four people were arrested outside the Boalt Hall classroom where they were protesting John Yoo, who coauthored the memos authorizing torture on people in Guantanamo during the Bush administration.
August 22, 2009, two people protesting against nuclear missile testing were arrested at Vandenberg Air Force base and cited for trespass.
September 9, 2009. Four people protesting against Massey Energy mountain top removal were arrested in Madison West Virginia. Climate Ground Zero.
September 12, 2009, seven people who were protesting against the use of the high-tech bloodless arcade Army Experience Center in Philadelphia were arrested. Seven other protestors were arrested there earlier in the year. Shut Down the AEC.
September 24, 2009, ninety two people protesting management disregard for union rights of hotel workers were arrested at the Grand Hyatt Hotel in San Francisco. UNITE Here Local 2.
September 27, 2009, twenty one people protesting against the Nevada Test Site were arrested at the Mercury gate. At an action to “Ground the Drones” protesting the increasing use of lethal drones in Afghanistan, Iraq and Pakistan, another eleven people were arrested. Code Pink. Pace e Bene. Nevada Desert Experience.
September 28, 2009, four women, ages 66 to 90, walked past security guards at the Vermont Yankee nuclear plant protesting inadequate safety at the plant. Carrying signs saying “Yom Kippur, September 28, Time to Atone, Shut Down Vermont Yankee,” this was the seventh set of arrests at the nuclear plant or its corporate headquarters since 2005.
September, 2009, the US Army accepted the resignation of Lieutenant, who refused to fight in Iraq because he believed the war violates international law, and gave him a discharge under other than honorable conditions. Courage to Resist.
October 1, 2009. A well known mixed martial arts fighter was sentenced to 90 days of work release and a fine of $28,000 for spraying symbols on an Army recruiting center and the Washington State Capitol building to help raise consciousness about the illegal war in Iraq.
October 2, 2009. Four people trying to deliver a document titled “Employee Liabilities of Weapons Manufacturers under International Law” to the weapons manufacturer Alliant Technologies were arrested in Eden Prairie, Minnesota. Alliant Action.
October 5, 2009, a couple, who married the day before and who were carrying a banner saying “Just Married; Love Disarms,” were arrested during a peace protest at Lockheed-Martin in Sunnyvale California. A priest was also arrested as the three gave out leaflets to workers entering the war contractor work site. Albuquerque New Mexico Catholic Worker.
October 5, 2009, sixty one people were arrested while protesting the ninth year of the US war in Afghanistan in front of the White House. Some of the arrested were in orange jumpsuits and chained to the fence. Secret Service officers assaulted other protestors, pushing and pulling them away from the protest site, bruising some. No Good War and Jonah House.
October 7, 2009, twelve protestors against the war in Afghanistan were arrested in Rochester, NY. Some of the arrested were treated at the hospital after being struck by police. Rochester Students for a Democratic Society.
October 7, 2009. Two people were arrested in Grand Central Station after unfurling banners which said “Afghanistan Enough!” War Resisters League.
October 11, 2009. Two women who held up banners when Tiger Woods was ready to putt, saying “President Obama – End Bush’s War,” and “End the Afghan Quagmire,” were handcuffed and escorted away from the President’s Cup golf tournament in San Francisco.
November 2, 2009. Five people calling for nuclear disarmament cut through the fence around the Naval Base Kitsap which houses the Trident nuclear submarines and nuclear warheads outside of Seattle Washington. The five walked through the base until they found the storage area for nuclear weapons and cut two more fences to get inside where they put up banners and spread sunflower seeds until they were arrested. Disarm Now Plowshares.
November 4, 2009. Two people were arrested while protesting outside Vandenberg Air Force base in California. Vandenberg Witness.
November 4, 2009. Eight protestors, including one who was 91 years old, were arrested at the Strategic Space Symposium in Omaha Nebraska while holding a “Space Weapons=Death” banner. Des Moines and Omaha Catholic Worker.
November 15, 2009. Five people protesting against US torture practices at Fort Huachuca, Arizona, where military interrogators are trained were arrested. Torture on Trial.
November 22, 2009. Four people protesting the training of human rights abusers by the US Army at their School of Americas/WHINSEC were arrested in Columbus, Georgia. School of Americas Watch.
November 23, 2009. A longtime war tax resister pled guilty to avoiding paying taxes for war at court in Bangor Maine. National War Tax Resistance Coordination Committee.
December 1, 2009. Protestors at 100 cities across the country challenged President Obama’s talk at West Point to escalate the war in Afghanistan. Six were arrested at West Point, eleven in Minneapolis, and three in Madison Wisconsin.
December 9, 2009. Six people protesting that President Obama was awarded the Nobel Peace Prize were arrested outside the federal building in Los Angeles. Los Angeles Catholic Worker.
December 10, 2009. Six people protesting the use of lethal drones were forcibly escorted out of the 11th Annual Unmanned Aerial Systems Conference outside of Albuquerque, New Mexico. Trinity Nuclear Abolition and Code Pink.
December 29, 2009. Twelve people leafleting and praying for peace at the Pentagon were arrested. Dorothy Day Catholic Worker and Jonah House.

Last week, in another shameless demonstration of congressional “bipartisanship,” Senate Majority Leader Harry Reid (D-NV), Senate Minority leader Mitch McConnell (R-KY) and House Speaker John Boehner (R-OH) forged a filthy backroom deal that reauthorizes insidious surveillance provisions of the Patriot Act for an additional four years.

“Like clockwork,” the ACLU reports, Reid and McConnell “introduced a bill, S. 1038, that will extend the provisions until June 1, 2015.” As of this writing, the text of that measure has yet to be published.

And, like a faint echo from the past when the Patriot Act was signed into law nearly a decade ago in the wake of the 9/11 provocation and the anthrax attacks, the ACLU tells us that “the Senate begins its debate on Monday with votes possible that same night.”

But why not forego a vote altogether. After all, with the White House “skipping a legal deadline to seek congressional authorization of the military action in Libya” under the War Powers Act, “few on the Hill are objecting,” the Associated Press reports.

Why not extend congressional “courtesy” to the White House over demands that their illegal spying on Americans continue indefinitely “as long as consultations with Congress continue”?

Consensus by congressional Democrats and Republicans over extending the provisions, the World Socialist Web Site reports, “meets the demands of the Obama administration and the Justice Department for a ‘clean’ extension, that is, one that does not make any concessions to concerns over the infringement of civil liberties, particularly in relation to the authorization to seize the records of libraries and other institutions.”

“The idea,” the Associated Press informs us, “is to pass the extension with as little debate as possible to avoid a protracted and familiar argument over the expanded power the law gives to the government.” (emphasis added)

While most of the surveillance powers handed the security apparat were permanent, three controversial provisions had expiration dates attached to the law due to the potential for serious civil rights abuses. Such suspicions were certainly warranted as dozens of reports by Congress and the Justice Department, media investigations and Freedom of Information Act and other lawsuits subsequently disclosed.

The provisions set for renewal include the following:

• The “roving wiretap” provision grants the FBI authority to obtain wiretaps from the secret Foreign Intelligence Surveillance Court (FISC) under color of the Foreign Intelligence Surveillance Act and its bastard stepchild, the FISA Amendments Act, which granted retroactive immunity to the government’s telecommunications’ partners. This section of the law allows the Bureau to spy on anyone of “interest” to the FBI during the course of a “national security” investigation, without identifying a specific target to be surveilled or which communication medium will be tapped. Anyone caught in the FBI’s surveillance dragnet can themselves come under scrutiny, even if they were not named in the original warrant. Insidiously, under the “roving wiretap” provision, even if a warrant is executed by a judge in one jurisdiction, it can be made valid anywhere in the United States, solely on the say-so of the FBI. Essentially, this amounts to the issuance of a blank warrant that further marginalizes the Fourth Amendment’s explicit requirement that warrants are only issued “particularly describing the place to be searched.”

• Section 215, the so-called “business records” provision, allows FISC warrants for virtually any type of record or “tangible thing:” banking and financial statements, credit card purchases, travel itineraries, cell phone bills, medical histories, you name it, without government snoops having to declare that the information they seek has any connection whatsoever to a terrorism, espionage or “national security” investigation. The government does not have to demonstrate “probable cause.” Government officials need only certify to a judge, without providing evidence or proof, that the search meets the statute’s overly-broad requirements and the court has been stripped of its authority to reject the state’s application. Surveillance orders under Section 215 can even be based on a person’s protected First Amendment activities: the books they read, web sites searched or articles they have published. In other words, exercising free speech under the Constitution can become the basis for examining personal records. Third parties served with such sweeping orders are prohibited from disclosing the search to anyone. In fact, with built-in gag orders forbidding disclosure subjects may never know they have be scrutinized by federal authorities, thereby undercutting their ability to challenge illegitimate searches.

• The “lone wolf” provision, a particularly onerous and intrusive investigative device allows the federal government to spy on individuals not connected to a terrorist organization but who may share ideological affinities with groups deemed suspect by the secret state. The definition of who may be a “lone wolf” is so vague that it greatly expands the category of individuals who may be monitored by the security apparat.

After Congress passed several earlier extensions, the three provisions were set to “sunset” on February 28, 2011. But with the Obama administration and the FBI insisting that no new civil liberties protections be added that would undercut their domestic spying powers, a 90-day temporary extension was approved earlier this year and is now set to expire on May 27.

This temporary extension followed an embarrassing loss in early February by the House Republican leadership who had failed to win a two-thirds majority passage of the proposal which barred amendments. In fact, 26 newly-elected Republican members, including those self-identified with the so-called “Tea Party” caucus, joined 122 Democrats in opposition and defeated the bill.

While Attorney General Eric Holder and Director of National Intelligence James Clapper have urged Congress to extend the provisions, permanently if possible or for an extended period if not, because they allege short-term extensions have a deleterious effect on “counterterrorism investigations” and “increase the uncertainties borne by our intelligence and law enforcement agencies in carrying out their missions.” Such mendacious claims however, are not borne out by the facts.

Indeed, the Department of Justice’s own Office of the Inspector General’s (OIG) 2008 report found that “[t]he evidence showed no instance where the information obtained from a Section 215 order described in the body of the report resulted in a major investigative development.”

True enough as far as it goes, but such snooping provided an unprecedented view of the comings and goings of citizens now subjects of scattershot data-mining, dossier building and ginned-up federal prosecutions.

In fact, the OIG demonstrated conclusively that widespread abuses by the FBI in their issuance of constitution-shredding National Security Letters, handed out without probable cause and attached with built-in secret gag orders, have been used by the Bureau to target innocent Americans.

While Barack Obama promised to curtail the worst abuses of the previous administration when he assumed office in January 2009, the Justice Department reported there has been a huge increase in domestic spying during the first two years of his administration.

As Antifascist Calling reported earlier this month, according to figures supplied by the Justice Department “in 2010, the FBI made 24,287 NSL requests (excluding requests for subscriber information only) for information concerning United States persons. These sought information pertaining to 14,212 different United States persons.” Additionally, the FBI made 96 applications to the rubber-stamp FISC court in 2010 on 215 orders, a four-fold increase over 2009.

None of this should come as a shock to readers. As I have pointed out many times, the Obama administration has not simply extended the previous regime’s assault on civil liberties and political rights but has greatly accelerated the downward spiral towards a presidential dictatorship lorded-over by the Pentagon and the national security apparat.

Justice Department Stonewall Continues

Moves to renew the Patriot Act’s spy provisions follow closely on the heels of administration demands to expand the scope of National Security Letters. As The Washington Post reported last summer, the White House “is seeking to make it easier for the FBI to compel companies to turn over records of an individual’s Internet activity without a court order if agents deem the information relevant to a terrorism or intelligence investigation.”

“The administration,” the Post disclosed, “wants to add just four words–’electronic communication transactional records’– to a list of items that the law says the FBI may demand without a judge’s approval.”

“Government lawyers,” the Post averred, “say this category of information includes the addresses to which an Internet user sends e-mail; the times and dates e-mail was sent and received; and possibly a user’s browser history.”

Additionally, the White House is demanding that the manufacturers of electronic devices such as iPhones and Blackberries, as The New York Times revealed last fall, make their products “technically capable of complying if served with a wiretap order. The mandate would include being able to intercept and unscramble encrypted messages.” In other words, the state is demanding that government-mandated backdoors be built into the existing architecture of the internet in order to further facilitate driftnet spying.

Meanwhile, Obama’s Justice Department continues to stonewall Congress and privacy advocates “demanding the release of a secret legal memo used to justify FBI access to Americans’ telephone records without any legal process or oversight.”

The Electronic Frontier Foundation (EFF) disclosed that the secret state satrapy that brought us COINTELPRO and employed Al-Qaeda triple agent Ali Mohamed as a “confidential informant,” refuses to tell us what that authority is or how their abusive power-grab squares with rights guaranteed by the Constitution.

“A report released last year by the DOJ’s Office of the Inspector General,” EFF attorneys write, “revealed how the FBI, in defending its past violations of the Electronic Privacy Communications Act (ECPA), had come up with a new legal argument to justify secret, unchecked access to private telephone records.” The heavily-redacted report revealed that the “Office of the Legal Counsel (OLC) had issued a legal opinion agreeing with the FBI’s theory.”

“The decision not to release the memo,” McClatchy Newspapers reported last week, “is noteworthy because the Obama administration–in particular the Office of Legal Counsel–has sought to portray itself as more open than the Bush administration was.”

“By turning down the foundation’s request for a copy,” journalist Marisa Taylor writes, “the department is ensuring that its legal arguments in support of the FBI’s controversial and discredited efforts to obtain telephone records will be kept secret.”

“Even officials within the Justice Department itself are concerned that the FBI’s secret legal theory jeopardizes privacy and government accountability, especially considering the FBI’s demonstrated history of abusing surveillance law,” averred EFF senior staff attorney Kevin Bankston.

“The Justice Department has said it can’t release the document for national security reasons,” McClatchy noted, “but it hasn’t elaborated on that assertion. At the same time, the department and the FBI have refused to comment on the legal position itself.”

According to published reports, “the bureau devised an informal system of requesting the records from three telecommunications firms to create what one agent called a ‘phone database on steroids’ that included names, addresses, length of service and billing information.”

The OIG later concluded, Taylor writes, “that the FBI and employees of the telecom companies treated Americans’ telephone records in such an informal and cavalier way that in some cases the bureau abused its authority.”

Last year the Inspector General’s report asserted that “the OLC agreed with the FBI that under certain circumstances (word or words redacted) allows the FBI to ask for and obtain these records on a voluntary basis from the providers, without legal process or a qualifying emergency.”

That report “A Review of the Federal Bureau of Investigation’s Use of Exigent Letters and Other Informal Requests for Telephone Records,” revealed widespread abuses by the Bureau and their telecom partners.

So-called “exigent” or emergency letters were used by the FBI to illegally obtain the phone records of thousands of Americans. According to an earlier report by EFF, “while we had known since 2007 that the FBI improperly sought phone records by falsely asserting emergency circumstances, the report shows the situation inside the FBI’s Communications Analysis Unit (CAU) degenerated even further, sometimes replacing legal process with sticky notes.”

Senior staff attorney Kurt Opsahl wrote at the time that “employees of three telecoms,” since identified as AT&T, Verizon and MCI, “worked directly out of the CAU office, right next to their FBI colleagues.”

According to the Inspector General’s report, Opsahl averred, “even exigent letters became too much work: an FBI analyst explained that ‘it’s not practical to give the [exigent letter] for every number that comes in.’ Instead, the telecoms would provide phone records pursuant to verbal requests and even post-it notes with a phone number stuck on the carrier reps’ workstations.”

As Salon columnist Glenn Greenwald writes, “the way a republic is supposed to function is that there is transparency for those who wield public power and privacy for private citizens.”

However, “the National Security State has reversed that dynamic completely, so that the Government (comprised of the consortium of public agencies and their private-sector ‘partners’) knows virtually everything about what citizens do, but citizens know virtually nothing about what they do (which is why WikiLeaks specifically and whistleblowers generally, as one of the very few remaining instruments for subverting that wall of secrecy, are so threatening to them).”

“Fortified by always-growing secrecy weapons,” Greenwald avers, “everything they do is secret–including even the ‘laws’ they secretly invent to authorize their actions–while everything you do is open to inspection, surveillance and monitoring.”

“This is what the Surveillance State, at its core, is designed to achieve,” Greenwald cautions, “the destruction of privacy for individual citizens and an impenetrable wall of secrecy for those with unlimited surveillance power.”

As this filthy system continues to implode amidst an orgy of financial and political corruption that would make a Roman emperor blush, the capitalist oligarchy is hell-bent on shielding themselves from any meaningful oversight or accountability, thus ensuring that the secret state’s war on democracy itself continues.