Thursday, August 01, 2013

Ron Wyden

Senator Ron Wyden released something important today:




Documents declassified today show how intelligence leaders inaccurate statements have mislead Congress: http://1.usa.gov/16Fplkd 

 



Washington, D.C. – U.S. Senator Ron Wyden (D-Ore.) issued the following statement regarding the declassified documents released by the Director of National Intelligence today:
 “The newly declassified briefing documents released today show that the executive branch repeatedly made inaccurate statements to Congress about the value and effectiveness of the bulk email records collection program that was carried out under the USA PATRIOT Act until 2011.  These statements had the effect of misleading members of Congress about the usefulness of this program.    
 The briefing documents that were provided to Congress in December 2009 and February 2011 clearly stated that both the bulk email records and bulk phone records collection programs were “unique in that they can produce intelligence not otherwise available to NSA.”  The 2009 briefing document went on to state that the two programs “provide a vital capability to the Intelligence Community,” and the 2011 briefing document stated that they provided “an important capability.” 
 Senator Mark Udall and I have long been concerned about the impact of bulk collection on Americans’ privacy and civil liberties, and we spent a significant portion of 2011 pressing the Intelligence Community to provide evidence to support the claims that they had made about the bulk email records program.  They were unable to do so, and the program was shut down due to a lack of operational value, as senior intelligence officials have now publicly confirmed. 
 This experience demonstrated that intelligence agencies’ assessments of the usefulness of particular collection programs – even significant ones – are not always accurate.  In particular, I continue to be skeptical of claims that the ongoing bulk phone records collection program provides the government with any unique value, as I have not yet seen any evidence to support this claim. 
 While I believe that releasing these documents is a welcome step toward greater openness and more informed debate about domestic surveillance programs, they are, in fact, further evidence of a pattern of misleading statements to Congress on this topic.  Similarly misleading statements about the bulk email records program were also made to the Foreign Intelligence Surveillance Court, though these statements unfortunately remain classified.”
 The newly declassified documents can be found here.



You need to pair that with C.I.'s reporting in the "Iraq snapshot:"




Wednesday, July 31, 2013.  Chaos and violence continue, the death toll for the month reaches close to a thousand, one of Nouri's political enemies wins an election, Massoud Barzani is seen as a leadership figure, the unconstitutional spying continues in the US, the Senate Judiciary Committee pretends to care about the spying, the US government releases some minor documents on the spying while Glenn Greenwald files another major scoop, and more.


Senator Patrick Leahy: Today, the, uh, Judiciary Committee will scrutinize government surveillance programs conducted on the Foreign Surveillance Intelligence Act or FISA.  In the years since September 11th,  Congress has repeatedly expanded the scope of FISA, has given the government sweeping new powers to collect information on law abiding Americans and we must carefully consider now whether those laws may have gone too far.  Last month, many Americans learned for the first time that one of these authorities, Section 215 of the USA Patriot Act, has for years been secretly interpreted -- secretly interpreted -- to authorize the collection of Americans' phone records on an unprecedented scale.  Information was also leaked about Section 702 of FISA which authorizes the NSA to collect the information of foreigners overseas.

That was Leahy at this morning's Senate Judiciary Committee hearing -- he is the Chair of the Committee.  From there Leahy embarrassed himself by attacking NSA whistle-blower Ed Snowden while not naming him. Let's continue with Leahy.


Senator Patrick Leahy:  Let me make clear that I do not condone the way these and other highly classified programs were disclosed, and I am concerned about the potential damage to our intelligence-gathering capabilities and national security. We need to hold people accountable for allowing such a massive leak to occur, and we need to examine how to prevent this type of breach in the future. In the wake of these leaks, the President said that this is an opportunity to have an open and thoughtful debate about these issues. And I welcome that statement, because this is a debate that several of us on this Committee in both parties have been trying to have for years. Like so many others, I'll get the classified briefings but then of course you can't talk about them.  There's a lot of these things that  should be and can be discussed.   And if we are going to have the debate that the President called for, the executive branch must be a full partner. We need straightforward answers.  Now I am concerned that we are not getting them. Just recently, the Director of National Intelligence acknowledged that he provided false testimony about the NSA surveillance programs during a Senate hearing in March, and his office had to remove a fact sheet from its website after concerns were raised about its accuracy. I appreciate that it is difficult to talk about classified programs in public settings, but the American people expect and deserve honest answers. It also has been far too difficult to get a straight answer about the effectiveness of the Section 215 phone records program. Whether this program is a critical national security tool is a key question for Congress as we consider possible changes to the law. Some supporters of this program have repeatedly conflated the efficacy of the Section 215 bulk meta data collection program with that of Section 702 of FISA even though they're entirely different. I do not think this is a coincidence, when we have people in government make that comparison but it needs to stop. I think the patience of the American people is beginning to wear thin.  But what has to be of more concern in a democracy is the trust of the American people is wearing thin.


Leahy is part of the problem.  He had to be shamed into holding this hearing and have it thrown in his face repeatedly that the House Judiciary Committee had held a hearing.  Forced into holding a hearing, note the crap Leahy offers.

He doesn't approve of NSA whistle-blower Ed Snowden's actions and "we need to hold people accountable" as he worries about "the potential damage to our intelligence-gathering capabilities and national security."

Contrast that with James Clapper.  Leahy says Clapper "acknowledged that he provided false testimony about the NSA surveillance programs during a Senate hearing in March."

I'm sorry, where's your outrage over that?  Where's your statement about the need for accountability for that?

Has Leahy forgotten what perjury and "contempt of Congress" are?

Has he forgotten that is a crime to provide Congress with false testimony?

That's regardless of whether or not the witness is put under oath.


So the way it works is that Leahy is outraged and wants accountability -- done by others.  But Leahy and other members of Congress refuse to exercise their power to punish an official who came before the Congress and lied.

The American people are exhausted, yes.  They are tired of the spying but they're most of all tired of the lazy and useless people they voted into the US Congress who refuse to do their jobs or to honor their oaths to uphold the Constitution.  As Ranking Member Charles Grassley observed, "We have a Constitutional duty to protect American's privacy.  That's a given."

Yes, it is.  And maybe we need Grassley to offer a briefer on that to the Committee?

We should actually thank Leahy because, in his opening remarks, he made it clear that he really didn't give a damn about accountability or Congressional oversight.  He made it clear how useless he and his Committee are.

He did so by fawning over Dianne Feinstein ahead of the meeting, in fact.  The ethically challenged DiFi who has abused her office also heads the Senate Intelligence Committee.  DiFi does a lot.  When not practicing nepotism and worse, she likes to pretend she's governor of California -- an office she's never held.  It's in that delusional capacity that she recently insisted that San Diego Mayor Bob Filner should resign.  That's not her damn business and she needs to take her big nose out of it.  (As noted Monday, that decision is up to the people of San Diego.  I live in District 8, so I offer no opinion on what the 'right' thing to do is.  San Diego needs to be having that conversation with one another and they don't need the rest of us telling them what to do.)

It's amazing that she wants to talk about morals when, had Democrats not controlled the Senate, she would have most likely been censured by the Ethics Committee for her actions in giving her husband -- her War Hawk husband -- government contracts.



I think she a lot of gall even showing up for this hearing.

For those who don't know, Dianne Feinstein is the Chair of the Senate Intelligence Committee. So when the NSA spying emerged in May, her tired ass should have been all over this issue with hearings.  How many public hearings has DiFi held on this issue?

Zero.

She has not called one hearing.  (And she hasn't held a public hearing since March 13, 2013.  Someone needs to ask her what 'sunlight' and an 'informed public' mean to her.)  President Barack Obama claims a national dialogue needs to take place and Dianne Feinstein goes against that.  She's happy to hector and lecture, she just won't due the job required of her and schedule open hearings on this matter.

Today, she fawned over the unconstitutional spying and she also offered a disturbing series of remarks that indicated even she doesn't listen when she speaks.


Senator Dianne Feinstein:  Yesterday, at the Intelligence Committee,  I outlined some changes that we might consider as part of our authorization bill and let me quickly run through them.  Uh, uhm, the number of American phone numbers permitted as queries on a regular basis annually from the data base, the number of referrals  made to the FBI each year based on those queries and how many times the FBI obtains probably cause warrants to collect the content of a call which we now know is very few times relatively, the number of times a company, this is at their request -- from the high tech companies -- that any company is required to provide data pursuant to FISA's business record's provision.  As you know, the companies who provide information are seeking to be able to speak more publicly about this and I think we should.  There's some changes we can make to the business records section.  We're looking at reducing the five year retention period that NSA keeps phone records in its data base down to two or three years.

And Sarah Palin was ridiculed for how she spoke?  Sarah Palin was mocked in a Saturday Night Live skit for how she spoke?  I found that disturbing in real time -- and noted in real time that if you attended Congressional hearings, Palin's manner of speaking wasn't that surprising when compared to other politicians (changing topics -- or subjects or verbs -- mid-sentence, for example).  From those remarks above, let's highlight Dianne Feinstein saying this:


Uh, uhm, the number of American phone numbers permitted as queries on a regular basis annually from the data base, the number of referrals  made to the FBI each year based on those queries and how many times the FBI obtains probably cause warrants to collect the content of a call which we now know is very few times relatively, the number of times a company, this is at their request -- from the high tech companies -- that any company is required to provide data pursuant to FISA's business record's provision. 

Those aren't "changes."  They might be 'topics,' but what the hell she's saying who knows?

What's really disturbing is that those remarks weren't made in response to a question from Katie Couric.  DiFi made them herself, reading from a list, and never grasped that they didn't make sense.  Behavior like that, in our state of California (Dianne and mine), would mean she wouldn't get her driver's license renewed.

Along with her not making sense in the middle of a Senate hearing, there's also the reality that, if she wanted a debate on these topics yesterday, she should have chaired an open hearing and not the closed one Tuesday afternoon

Do we need to speak more slowly for Dianne? 

Above you have Dianne Feinstein making ridiculous statement's.  It's not until the last sentence quoted that she finally does what she said she was going to do share "outlined" changes.
 At the age of 80, would you honestly let her drive the family car on a road trip or even a trip to the grocery store?

No, you probably wouldn't.


So why do we let her remain in the Senate, let alone give her the position of Chair.  This dying -- of old age -- in office really needs to be addressed by the Senate.  It's time for either term limits or age limits.  I do not trust the 80-year-old Dianne Feinstein to chair a Committee on anything.

"I think they will come after us," the dottering and aged fool insisted -- never defining who "they" were but making the case for putting her into assisted-living facilities.  We don't need the shut-in CBS viewers in charge of our rights?  We don't the need reactionary, elderly -- already spooked by societal changes -- determining what will keep us safe. Repeating: It's time for term limits or its time for age limits.  At 80, her fears falling out like busted sofa, Dianne Feinstein is too old to be a Chair of anything and should not be in the US Senate.

Dianne's way of fixing things is to insist that the actions continue but -- embrace this consolation -- the records from the spying will be held "two or three years" and not five.

"I read intelligence regularly, she insisted "and I believe we would place this country in jeopardy if we eliminated these two programs."


Though this morning's hearing served as a setting for various senators to make spectacles of themselves, there were actual witnesses offering testimony.  Appearing before the Committee were two panels.  The first was made up of Dept of Justice's James Cole, NSA's John Inglis, Office of the Director of National Intelligence's Robert S. Lift and the FBI's Sean Joyce.  The second panel was Judge James G. Carr, the ACLU's Jameel Jaffer and the woefully ignorant Stewart Baker.


Meta data, James Cole wanted to insist, is not classified information.  It is private information.  Many of us are aware, for example, that in the early hours of Marilyn Monroe's death, the Secret Service grabbed the meta data (then known as "toll slips") from the phone company.  So JFK deserves privacy but the American people don't?


Did anyone on the Committee not self-disgrace, is there any member of the Committee do anything worthy of applause?  Al Franken.


Senator Al Franken:  I want to be clear at the outset, I think that these programs protect our country and have saved lives.  But I do think there is a critical problem at the center of this debate and that's the lack of transparency around these programs.  The government has to give proper weight to both keeping America safe from terrorism and protecting American's privacy.  But when almost everything about these programs is secret and when the companies involved are under strict gag orders, the American public has no way of knowing whether we're getting that balance right.  I think that's bad for privacy and bad for democracy.  Tomorrow, I'm introducing a bill to address this, to fix this.  It will force the government to disclose how many Americans have had their information collected under key authorities in the Foreign Intelligence Surveillance Act and it will give force -- it will also force the government to disclose how many Americans have had their information actually reviewed by federal  agents.  My bill would also allow private companies to disclose aggregate figures about the number of FISA orders they're receiving and the number of their users that these orders have effected.


That may not be enough for you.  Sitting through the hearing -- the awful hearing -- you can argue lowered my expectations.  But I don't think so.

I've held Al accountable here and at Third.  I've known Al since the 70s.  I don't dislike him.  You wouldn't get that impression here.  That's because Al cheerleaded the Iraq War and that's reality that can't be avoided at a site that covers Iraq.  He shut out voices against the war on his own Air America program.  That's reality.  It's not surprising reality to me.  Again, I've known him since the 70s.  He is not of The Great Left.  He can relate to issues like farming and low income workers.  He can lead on those issues.  But I found him politically disappointing in the 80s (when he'd justify Reagan, for example).  On the Democratic scale, he falls in the middle.  (I fall on the far left.)  So maybe I'm grading him on a curve?

Could be.  But I haven't felt the need to cut him slack prior.  And I'm fine with going after everyone on the Committee.  But I do think he's the only one who showed common sense and the only one who appeared to not just know the Constitution but also to grasp its meaning.

I would give points to Senator Sheldon Whitehouse for refusing to be bullied or intimidated despite repeated claims from the panel that the hearing itself was harming national security.  Whitehouse wouldn't back down, "My point is that the American people is an important part of this debate and we would probably be better off if there is not such a strong instinct in terms of classifying and keeping things classified and we'd develop information for the American public in a way that minimized that intelligence collection loss and allowed us to have this debate."

Senator Richard Blumenthal had a moment or two on FISA that Ava will cover tonight at Trina's site.  Wally's covering Leahy at Rebecca's site tonight.  Wally's "THIS JUST IN! RUSS FEINGOLD WHERE ARE YOU NOW!" and Cedric's "Punchline: US Senate" already went up earlier today after the hearing ended.   Ann's going to follow Kat's lead and offer general impressions. 


This morning, Ava and I wrote "Tough Talk For The Left (Ava and C.I.)" -- if you don't get how true that is, please note that George Zimmerman is in the news cycle, the top story on Google as I dictate this.


George Zimmerman armed when stopped for speeding in Texas, report says

CBS News - ‎1 hour ago‎
(CBS) FORNEY, Texas - George Zimmerman, the former Florida neighborhood watch leader cleared of all charges in the shooting death of Trayvon Martin, was pulled over for speeding in North Texas on Sunday, CBS DFW reports.
An armed George Zimmerman stopped for speeding in Texas, gets warning - by Michael Muskal
George Zimmerman pulled over for speeding in Texas


He's in the news because?  He was pulled over for speeding and given a verbal warning -- three days ago.  And he had a gun on him.  Not a problem in the state of Texas, where he was.  So why is this news?  It's not news.  But there were real issues today -- Bradley Manning, this morning's hearing, the US government's release of documents on the spying right before the hearing started, another major report from Glenn Greenwald, etc.  But instead, Google wants to steer you to a non-story about a person pulled over for speeding.   What?  Google couldn't find a story about someone in America having a flat tire today?

Here's the opening to the latest reporting by Glenn Greenwald (Guardian):

A top secret National Security Agency program allows analysts to search with no prior authorization through vast databases containing emails, online chats and the browsing histories of millions of individuals, according to documents provided by whistleblower Edward Snowden.
The NSA boasts in training materials that the program, called XKeyscore, is its "widest-reaching" system for developing intelligence from the internet.
The latest revelations will add to the intense public and congressional debate around the extent of NSA surveillance programs. They come as senior intelligence officials testify to the Senate judiciary committee on Wednesday, releasing classified documents in response to the Guardian's earlier stories on bulk collection of phone records and Fisa surveillance court oversight.

Despite claims today in the hearing, including by James Cole, that there is oversight, there isn't.  The report notes that there is no review -- not by the courts, not by the NSA -- of requests to do the above, you just fill in a little form online and, boom, you've got the info.  James Cole insisted this wasn't the case and that there was oversight.  Pressed about accountability for recent lapses in security, Cole couldn't answer -- there's an investigation going on so he needs to wait for the results.


Yes. yet again Glenn Greenwald is providing actual reporting about an actual issue that effects millions of people.  As a result of that news -- actual news -- that Glenn Greenwald reported the ACLU issued the following:


FOR IMMEDIATE RELEASE
CONTACT: 212-549-2666, media@aclu.org

NEW YORK – The government can easily see the content of Americans' Internet communication and web browsing activities, according to a report published today in The Guardian.
"The latest revelations make clear that the government's surveillance activities are far more extensive and intrusive than previously understood, and they underscore that the surveillance laws are in desperate need of reform," said American Civil Liberties Union Deputy Legal Director Jameel Jaffer, who testified before the Senate Judiciary Committee today about NSA surveillance. "These documents also call into question the truth of some of the representations that intelligence officials have made to the public and Congress over the last two months. Intelligence officials have said repeatedly that NSA analysts do not have the ability to sift indiscriminately through Americans' sensitive information, but this new report suggests they do."
The revelations today come at a time when public opinion has begun to shift in favor of strengthening Americans' privacy rights and a growing bipartisan group in Congress works to rein in NSA surveillance of Americans' communications.
"The seemingly never-ending NSA disclosures show the frightening power the government has afforded itself without the knowledge of the American people," said Michelle Richardson, legislative counsel at the ACLU's Washington Legislative Office. "The recent Amash amendment vote shows that the public has had enough with the blanket, warrantless surveillance of its communications. Without significant reforms to these programs, the government is going to lose them."

Amanda Wills (Mashable via CNN) notes Greenwald's report, "The program gives analysts the ability to search through the entire database of your information without any prior authorization --  no warrant, no court clearance, no signature on a dotted line. An analyst must simply complete a simple onscreen form, and seconds later, your online history is no longer private." On why the spying is an issue,  Elizabeth Goitein (Christian Science Monitor) explains:

The most obvious answer is that these programs may be illegal. The government admits it obtains Americans’ telephone records in bulk, but claims officials do not examine them unless there is reason to suspect a terrorist link. Section 215 of the Patriot Act, however, requires the government to establish a record’s investigative relevance before obtaining it – not after. The PRISM program, which collects information from Internet service providers, is ostensibly legal because it “targets” foreigners. But the program tolerates extensive “inadvertent” and “incidental” collection of Americans’ information – including information the government needs a warrant to obtain under the Fourth Amendment.
Yes, a secret court approved these programs. That should not start and end the discussion about their legality. Judges make mistakes, and – as recent reporting on the secret Foreign Intelligence Service Act (FISA) Court has underscored – they are far more likely to do so when they hear only the facts and arguments that one side chooses to present. When citizens have gone to the regular courts to challenge government surveillance, the government has successfully argued that the courts cannot even consider their claims.
The programs also threaten Americans’ privacy. It is disingenuous for officials to characterize the “metadata” being collected as mere phone numbers. Sophisticated computer programs can glean volumes of sensitive information from this metadata about people’s relationships, activities, and even beliefs. The government knows very well how revealing call records can be; that is why it considers the program so valuable.




Alina Selyukh, Patricia Zengerle, Deborah Charles, Alistair Bell, Christopher Wilson and Paul Simao (Reuters) report on the documents the US government released right before the hearing started:


The documents released on Wednesday included 2009 and 2011 reports on the NSA's "Bulk Collection Program," carried out under the U.S. Patriot Act, the anti-terrorism legislation passed shortly after the September 11, 2001 attacks.
They also included an April 2013 order from the Foreign Intelligence Surveillance Court, which directed communications company Verizon to hand over data from millions of Americans' telephone calls and described how that data should be stored and accessed.
The declassified documents said the telephone and email data would only be used when needed for authorized searches.
"Although the programs collect a large amount of information, the vast majority of that information is never reviewed by anyone in the government, because the information is not responsive to the limited queries that are authorized for intelligence purposes," the 2009 report said.
But the top secret NSA slideshow from 2008, posted by the Guardian on its website, showed that XKeyscore program allowed analysts to access databases that collect and index online activity around the world, including searching for email addresses, extracted files, phone numbers or chat activity.



Again, these documents were released right before the start of the hearing.  Why?  Senator Al Franken attempted to get answers to that but was stonewalled.  NSA whistle-blower Ed Snowden came up in today's State Dept press briefing moderated by spokesperson Marie Harf.


QUESTION: Have you seen the comments made by Mr. Snowden’s father thanking President Putin for protecting his son?

MS. HARF: I have not seen those comments.

QUESTION: You’re not aware of them at all?

MS. HARF: I am not. No, I have not seen them.

QUESTION: Well, let me make you aware of them right now.

MS. HARF: Okay. Thank you, Matt.

QUESTION: Can we stay with that, please?

MS. HARF: We – he’s still --

QUESTION: Yeah. I’m not done yet. (Laughter.)

QUESTION: Okay. Sorry about that.

QUESTION: It’s okay.

MS. HARF: Go ahead.

QUESTION: So Mr. Snowden’s father thanked President Putin for protecting his son. What does the Administration make of the fact that the father, a U.S. citizen, the father of a U.S. citizen, is thanking a leader that you’ve routinely criticized for human rights abuses for protecting his son?

MS. HARF: Well, again, I haven’t seen those specific comments and I wouldn’t want to characterize a response to those one way or the other. I would reiterate what we’ve said repeatedly, that Mr. Snowden is not a human rights activist, he’s not a dissident, he’s been accused of leaking classified information, has been charged with three very serious felony counts, and must be, should be, returned to the United States to face a free and fair trial as soon as possible.

QUESTION: Go ahead.

MS. HARF: Yes.

QUESTION: Can we stay with --

MS. HARF: On Snowden? Yes.

QUESTION: I have a follow-up too after he’s done.

MS. HARF: Okay.

QUESTION: The article in the Post also says, among other things, that the U.S. Government, the FBI to be precise, tried to arrange – asked Lon Snowden to fly to Moscow. It doesn’t specify for what reasons. I assume – and it’s only my assumption – to speak to his son and maybe to convince him to come back.
I wanted to ask if you ran this idea with your Russian counterparts at least as a goodwill gesture, that guys, we have these plans, we would like to give you a heads-up on that, would it be fine if we send Snowden, Sr., to Sheremetyevo to meet Snowden, J r.; or this was some kind of a semi-cloak and dagger stuff?

MS. HARF: Again, I haven’t seen that specific report. I would say what we’ve said repeatedly, that we are working through law enforcement channels with the Russian Government to make the point that Mr. Snowden is wanted on serious felony charges and needs to be returned to the United States. We’ve also made the point that we don’t want this issue to have a hugely negative impact on our bilateral relationship. President Putin, I think, has said the same thing. So again, I’m not going to comment on that specific report other than to say that we’ll continue working through law enforcement channels to discuss this with the Russians.

QUESTION: May I ask you to specify if the U.S. Government is still trying to arrange for Lon Snowden to travel to Moscow?

MS. HARF: Well, I don’t believe that I actually confirmed that report because I haven’t seen it, so I don’t have anything additional for you on that.

QUESTION: A follow-up?

QUESTION: Can I just ask more broadly on this and the protection issue? Do you believe that anyone – President Putin or anyone else – let me start again. Do you believe that Mr. Snowden needs protection from President Putin or anyone else for that matter?

MS. HARF: I wouldn’t want to venture to make a comment on that one way or the other.

QUESTION: Well, do you – I mean, he has said that he fears persecution, not prosecution. Do you think that he is justified in fearing persecution at the hands of the judicial branch of this government?

MS. HARF: Of the United States Government?

QUESTION: Or the – sorry. Yes, of the Justice Department.

MS. HARF: Well, we’ve made --

QUESTION: The people who have charged him.

MS. HARF: We’ve made it clear --

QUESTION: Do you think that he is – has – do you think that his fears of persecution are grounded?

MS. HARF: Well, no. I think the Attorney General made clear in his letter last week that Mr. Snowden needs to be returned to the United States, that he would be treated to a free and fair trial, he would be able to make his case in a court of law, as all – as he is due under due process. So I would disagree with that characterization and again point to the clear comments the Attorney General made last week speaking to this.

QUESTION: Sorry. You would disagree with which characterization? I’m just asking you --

MS. HARF: That he’s going to be persecuted --

QUESTION: Persecuted. Right.

MS. HARF: -- if he returns to the United States.

QUESTION: So you would – so you do not believe then, based on that comment, that he needs protection from anybody?

MS. HARF: We have been clear that if he is returned to the United States, which we believe is the only appropriate course of action, he will be afforded a free and fair trial where he can make his case.

QUESTION: So you don’t believe that he needs the protection of anybody?

MS. HARF: That’s a broadly – I don’t know exactly what you’re referring to. It’s a broadly sweeping statement. Again, we’ve made clear --

QUESTION: It’s really not.

MS. HARF: It is. Well, we’ve made clear there is one appropriate course of action, and that’s being returned to the United States, and that when he is, he will face a free and fair trial, as he’s accorded under the law.

QUESTION: So the only – I mean, the reason that I ask is because his father, in his comment, Mr. Snowden’s father in his comments, seems to think that his son needs protection from the United States Government. And I’m – all I’m asking you is whether or not you agree or disagree with that.

MS. HARF: I do not agree with that statement.

QUESTION: Okay, thank you.

MS. HARF: Strongly disagree with that statement.

QUESTION: Okay.

MS. HARF: Thank you for being clear.


Ed's father Lon Snowden has been in the news this week.  Dana Ford (CNN) notes Ed's father Lon Snowden appeared on Anderson Cooper 360 Monday and declared, "He loves his country.  I know my son.  I know he loves his country.  What he believed is that . . . the American people needed to be aware of what their government was doing to them, spying upon them."  From a video at Anderson Cooper 360:


Lon Snowden:  Well, I think that probably the large minority of Americans, first of all, have not seen his 12 minute video.

Anderson Cooper:  Mmm-hmm.

Lon Snowden: I've spoken to close friends who know this is my son and we talk and I realize they haven't listened to the video.  They don't really understand what the Fourth Amendment is.  So I-I think that there's much that's unknown.  The American people -- the media to be quite honest -- has not done a very good job of laying out the facts in digestible form. There has been a clear effort by those who have been threatened politically and/or embarrassed by these revelations to focus on the so to speak 'sinner,' my son, who's revealed these instead of the 'sins,' the actual revelations.

Anderson Cooper: In a letter to the Justice Dept, to the Obama administration, you describe what your son did as civil disobedience.  There are those who say, "Look, is accepting the ramifications of your -- of your actions, of your decision, taking your punishment.'  Uhm, why do you see this as civil disobedience?

Lon Snowden:  Well-well, first of all, I think he is accepting the consequences.  Again, if you look at his 12 minute video and what he said, he's not living a very comfortable life at this point. He's said he's American, he loves his country.  I know my son.  I know he loves his country.   What he believed is that this information, the American people needed to be aware of what their government was doing to them.

[jump cut in the clip of the interview]

Anderson Cooper:  Do you believe him [Attorney General Eric Holder] when he says no death penalty and the United States does not torture?


Lon Snowden:  Well at this point, I believe it would be in the best interest of the Justice Dept -- and we've attempted to work with the Justice Dept and both the people investigating this -- and I just do not believe that that collaboration -- the good faith exists anymore.  So I'm very, very disappointed.  And we've attempted to get assurances that Ed would receive a fair trial.  I have absolutely no faith in Eric Holder, the Attorney General of the United States.


The 12 minute video refers to the Guardian's interview with Ed Snowden that Glenn Greenwald did (here for part one, the 12 minute video and here for part two).  Thomas Gaist (WSWS) reports on Lon Snowden's open letter to Barack Obama:


The letter, dated July 26, 2013, was written together with Lon Snowden’s lawyer, Bruce Fein.
In the letter, Snowden compares the NSA surveillance programs to the Fugitive Slave Act and the Jim Crow laws in the American South and writes that the United States has lessons to learn from “the dynamics of the Third Reich.” The letter further compares the present situation to the post-World War II Nuremburg trials “in which ‘following orders’ was rejected as a defense.”
It comes amid new revelations concerning the expansive scope of the programs. In an interview on ABC News’ “This Week” program on Sunday, Guardian journalist Glenn Greenwald commented: “The NSA has trillions of telephone calls and emails in their databases that they’ve collected over the last several years.”

Barack's witch hunt of Ed Snowden is part of his war on whistle-blowers -- a war he carries out despite earlier claims to support whistle-blowers.   The Sunlight Foundation reports: that Barack's Change.org has suddenly disappeared:


Why the change?
Here's one possibility, from the administration's ethics agenda:


Protect Whistleblowers: Often the best source of information about waste, fraud, and abuse in government is an existing government employee committed to public integrity and willing to speak out. Such acts of courage and patriotism, which can sometimes save lives and often save taxpayer dollars, should be encouraged rather than stifled. We need to empower federal employees as watchdogs of wrongdoing and partners in performance. Barack Obama will strengthen whistleblower laws to protect federal workers who expose waste, fraud, and abuse of authority in government. Obama will ensure that federal agencies expedite the process for reviewing whistleblower claims and whistleblowers have full access to courts and due process.
It may be that Obama's description of the importance of whistleblowers went from being an artifact of his campaign to a political liability. It wouldn't be the first time administration positions disappear from the internet when they become inconvenient descriptions of their assurances.



Part of the war includes going after whistle-blower Bradley Manning.  Michael Collins (OpEd News) observes:


Snowden, like Manning, had a main target for their whistleblowing -- the citizens of the United States.
We are the enemy Manning and Snowden aided.
We are the people with the absolute right to know what our government is doing in our name and what it is doing to us.
We are the people the leaders who caused and supported the Iraq invasion and Afghanistan quagmire have to fear.
The Iraq invasion was the most disastrous foreign policy decision in our history.  The deaths, destruction and cost are devastating.  Over $3.0 trillion of our national debt is directly due to the Iraq invasion.  Every domestic policy short of funds is short because of this invasion.
We are the people the leaders who authorized PRISM should fear.  These programs were never announced, debated, or approved.  They were created in secret for God knows what reason.  The leaders and politicians who let this happen created the enabling acts for a national security state that can intrude in any life for any reason in secret and without accountability.
Bradley Manning and Edward Snowden released information that forms the foundation for a realistic, fact based critique of the ruling class.


Alexa O'Brien (Daily Beast) observes, "Manning's trial has extended the unmatched streak of prosecutions by the Obama administration of unauthorized disclosures to the press using a 1917 statute that was originally intended for spies."  Yesterday, Bradley was convicted of 20 out of 22 charges -- over two years after Barack declared (April 21, 2011) -- in his position as commander in chief of the military -- that Barack was guiltyJames Nye (Daily Mail) notes, "As the first day of his sentencing hearing began in earnest today, Bradley Manning's defense team and the prosecution agreed with the judge that he will face a maximum jail term of 136 years behind bars. Already reduced in rank from private first class to enlisted private, Manning's team had attempted to file two motions that would have potentially merged several of his 20 convictions and reduced his maximum sentence to 116 years."

Barry Grey (WSWS) offers, "Manning’s court-martial, in the final analysis, arises from Washington’s launching of an illegal war of aggression against Iraq and the attempt of the government to conceal all of the crimes—torture at Abu Ghraib and other US prisons, the destruction of Fallujah and other Iraqi cities, the incitement of a sectarian civil war—that arose from that war."   Betty observed last night, "Brad is a hero.  This life does not always treat heroes well." Trina shared:



This is appalling.  This is not a victory and don't let anyone feed you a s**t sandwich while swearing to you that it's bologna.  Brad did a brave and wonderful thing and he did it because he cared.  It's no surprise to me that in Barack Obama's world, caring is the greatest of crimes.  Ed Snowden is a whistle-blower and he cared as well.  He thought the American people had a right to know that they were being spied upon.  He thought the American people had a right to know that the Constitution was being shredded.  For caring about his country, the Constitution and his fellow citizens, Ed is now the target in an ongoing witch-hunt that Barack leads.  Yet again, the greatest crime in the world to Barack is not fleecing the American public (under his watch, the Justice Department advocated for an Enron crook to be released from prison early) and the greatest crime is not lying to Congress (James Clapper has not been called out for lying about the spying -- not called out by Barack).  The greatest crime to Barack is the 'crime' of caring.


Elaine was also bothered by the verdict Colonel Denise Lind rendered yesterday, "Brad did the right thing when he leaked the truth on Iraq, Afghanistan and more.  The failure of Colonel Denise Lind to see that is her failing."  Mike pointed out that "Brad's facing the potential of spending over 100 years in prison.  That's not a victory."  Noting Matthew Rothschild's cry of "victory," Ruth wondered about Rothschild's sanity.




Turning to Iraq where the Nineveh Provincial Council has elected Atheel al-Nujaifi to another term as governor, All Iraq News reports.  Atheel has frequently been asked to resign by Nouri al-Maliki (Nouri being a man who refused to leave office even when he lost an election).  al-Nujaifi has blown off Nouri repeatedly not only because Nouri has no pull in Nineveh but also because the two come from different coalitions.  Nouri created State of Law which came in second in the 2010 parliamentary elections.  al-Nujaifi belongs to the Iraqiya coalition -- headed by Ayad Allawi -- which came in first in the 2010 elections.  In addition, Atheel al-Nujaiifi is the brother of Osama al-Nujaifi who is the Speaker of Parliament.

On diplomacy, Omer Aziz (Globe and Mail) notes the Canadian government has left itself out of the KRG for whatever reason:

Twenty seven nations have established a consulate in Erbil, the capital of the Kurdistan Regional Government (KRG), and Canada is about to join them. Unfortunately, Ottawa has been focusing its efforts – rather belatedly – at charming the Baghdad government of Prime Minister Nuri al-Maliki, just as relations between Mr. al-Maliki and the KRG have deteriorated. The time has now come for Canada to establish a fully fledged partnership with Iraqi Kurdistan, a nation that shares our values and interests. A shift in policy would anger Baghdad and rankle Washington, but would give Canada a friendly, pro-Western, prospering ally in a region beset with instability.
Unfortunately, Canada has decided to double-down on ties with Iraq. Then-immigration minister Jason Kenney’s surprise visit to Baghdad in March marked the first time a Canadian cabinet minister visited Iraq in 37 years, and Foreign Minister John Baird’s announcement of a diplomatic office in Baghdad came a full decade after Saddam’s overthrow. Not only is Canada far behind the competition, it is wooing the wrong players.
This year marks the 25th anniversary of the Anfal Campaign. Saddam Hussein’s genocidal answer to the Kurdish Question took nearly 200,000 lives and forced the Kurds to retreat to their mountains, from which they fought a guerilla war against Saddam led by their secular leaders,
Massoud Barzani, the current President of the KRG, and Jalal Talabani, the first democratically elected president of Iraq. In 1991, exactly two decades before the Arab Spring enraptured a generation of Arabs, the Kurds rose up again, only to be crushed once more.


Barzani and Talabani each head the two major political parties in the Kurdistan Regional Government.   On the issue of politics and offices, Miran Hussein (Niqash) reports on KRG President Massoud Barzani:


The current President of Iraq is another Iraqi Kurdish politician, Jalal Talabani. The government of Iraqi Kurdistan is dominated by two major parties, Barzani’s Kurdistan Democratic Party, the KDP, and the Patriotic Union of Kurdistan, or PUK, which Talabani heads. The two parties have agreed to share power in the semi-autonomous region, which has its own parliament, military and legislation- and this includes splitting important political positions.

But Talabani, generally considered the elder statesman of Iraqi Kurdish politics, has not been well for some time and locals suggest that Barzani may like to take his place soon.

Having made a big effort to remain in power until Iraq’s next parliamentary elections – slated for 2014 – he will then be able to swap the presidency of Iraqi Kurdistan for that of Iraq. In this way Barzani will retain a senior post for the Iraqi Kurdish people.

“That’s why Barzani was kept in the current job: it’s to keep the position of the Iraqi presidency open for the Iraqi Kurdish,” a senior politician and strategist with the PUK, Fareed Asrad, told NIQASH. “It is also meant to help solve the current political crisis around the region’s presidency.”

After all if Barzani is nominated for the job and has to go to Baghdad, then his old job will open up and this would resolve the conflict around the Iraqi Kurdish presidency: many believe Barzani should not be allowed to keep this job for another two years.

The only problem would be the long standing agreement between the PUK and KDP that says that if one party holds the regional presidency then the other should have the national one. This may need to be renegotiated, Asrad notes.

Out in federal Iraq itself, some Iraqi MPs have already said they’d support the idea of Barzani becoming Iraq’s president.


Last December,  Iraqi President Jalal Talabani suffered a stroke.   The incident took place late on December 17th (see the December 18th snapshot) and resulted in Jalal being admitted to Baghdad's Medical Center Hospital.    Thursday, December 20th, he was moved to Germany.  He remains in Germany currently despite repeated claims of improvement and repeated claims that he's about to return. 

As Niqash notes, Jalal's health is part of the reason Barzani got a two-year extension as president this month.  He had to agree not to run for a third term as president.  But with Talabani sidelined by the stroke -- still sidelined by the stroke -- there was a sense that continuity was needed.  Barzani has also increased an already strong global profile in the last years which was another reason he got a two-year extension.  (The KRG's Constitution features a limit on the presidency.  You're limited to two terms.  The justification for increasing Barzani's current term by two years is that the limiting law was passed half-way into Barzani's first term.  Again, he had to agree not to seek a third term for the two years to be tacked on.)  As a global representative of the KRG, Barzani is also a leader to many Kurds across the world.  Arabic News Digest notes, "Mr Barzani called Kurdish political parties in Syria, Turkey and Iran to a "nationalist convention" to be held in Erbil, the capital of Iraqi Kurdistan, in order to discuss the Kurdish situation in these countries and examine the possibility of establishing autonomous rule there, as a prelude to a future territorial unification."  Dr. Kemal Kirkuki (Rudaw) notes, "The idea of a National Conference was first initiated years ago by President Barzani, who also heads the Kurdistan Democratic Party (KDP), Abdullah Ocalan, head of the Kurdistan Workers Party (PKK), the late Idris Barzani, and Jalal Talabani, secretary general of the Patriotic Union of Kurdistan (PUK) and Iraq’s president. But political turmoil and different regional and international factors always posed a barrier to making this goal a reality. What is happening now is the revival of the ideas of those four leaders."




Through yesterday, Iraq Body Count counts 941 violent deaths so far this month and today is the last day in the month.  How bad has the violence been in July?  So bad that the Iraqi ministries -- at least for now -- have given up the pattern of undercounting deaths, realizing how it makes them look like liars possibly.  AFP reports the ministries have announced their figures for the month: 989 deaths.  AFP states that makes it the most violent month since April 2008 when 1,428 people were killed.

National Iraqi News Agency reports a Baghdad shooting has left two people dead and three more injured, a Tuz Khurmato car bombing left 1 person dead and eleven injured3 Sahwa members were shot dead in Hawija, an Abu Ghraib suicide bomber claimed the life of 1 Iraqi soldiers and left three more injured, a shooting in Baghdad's al-Amil district left 1 person dead and another injured, an armed attack "northwest of Hilla" by an unknown armed group left 1 Ministry of Defense employee dead, and, dropping back to last night, a Baquba bombing left 8 people dead and twenty more injured.



Dropping back to the July 16th snapshot:



Hence the return of the proposed 'moats.'  This time the 'protective trench' would be around dispute Kirkuk.  Yerevan Saeed (Rudaw) reports:


Two months ago Kirkuk’s Provincial Council decided in a majority vote to dig a 58-kilometer security trench around the city, in a controversial decision to control entrance into the oil-rich and violence-wracked area which is at the center of a dispute between Iraq’s different ethnic and religious groups.
This plan would leave the city with four main entrances, which are to be monitored by surveillance cameras. The trench itself is to be reinforced with barbed wire and regular police patrols.
Hassan Turhan, a Turkmen official in Kirkuk’s provincial council, first proposed a security trench in 2012. But Kirkuk officials only put the plan into action this year, particularly after a series of deadly bombings that killed dozens and wounded hundreds.



Nouri began proposing the idea of a moat around Baghdad to protect the city.  That idea never took off.  Whether or not it will take off this time remains to be seen. 



At Niqash, Shalaw Moahmmed offers "kirkuk builds a moat: taking a medieval tack against terrorists:"


It seems that the authorities in the northern Iraqi city of Kirkuk have run out of ideas when it comes to bringing security and peace to the troubled city. So they’ve decided to build a moat around the city.

Kirkuk is one of Iraq’s “disputed territories” – which means that, despite the fact that Kirkuk is outside the semi-autonomous region of Iraqi Kurdistan, the Iraqi Kurdish say they have historic rights to the city. But the national government in Baghdad disputes this, saying that Kirkuk is part of Iraq proper. In reality though, it is unclear who is in charge with Iraqi Kurdish armed forces controlling some areas while Iraq’s federal troops control others. The mixture of political disputes, militias and different ethnicities in the city make it one of Iraq’s most dangerous places.

So around three months ago the Kirkuk council decided to dig a trench around the city as another form of defence against extremist attacks.

“The decision was a majority decision and it was done in order to protect Kirkuk against violence and to end the ongoing insecurity here,” says Ahmed al-Askari, a Kurdish member of the provincial council and head of the security committee.

The decision was not without controversy. Kirkuk’s council has both Arab and Iraqi Kurdish politicians on it and Arab members, who hold six out of 41 seats on the council, didn’t like the idea at all.

This is because the moat, located in the south of Kirkuk, effectively isolates certain Arab districts like Hawija, Zab and Yayji, from the rest of the city. The Arab council members say this forced isolation is the main motive behind the trench and that it is yet another attempt by the Iraqi Kurdish to change the area’s demography – to make the city more Kurdish than Arab, if you like.

















Wednesday, July 31, 2013

I don't see this as a victory

Tuesday is not a good day.  Is this how the whole week's going to shape up?  Comey got confirmed by the Senate yesterday (Senator Rand Paul was the sole hold out refusing to vote for Comey).  Today, Bradley Manning got railroaded.

Kate Epstein (CounterPunch) offers:



He was denied his constitutional right to a speedy trial, waiting over three years to appear in court. He was subjected to cruel and unusual punishment, held first in Kuwait and then for eleven months in solitary confinement in a 6 x 12 foot windowless cell at Quantico. During that time he was often deprived of clothing and not allowed to sleep or lie down during certain hours.
If you haven’t already seen it, watch the Collateral Murder video here. The video, shot from an Apache helicopter gun-sight, clearly shows the unprovoked slaying of a wounded Reuters employee and his rescuers. Two young children involved in the rescue were also seriously wounded. Before Manning anonymously shared the video with Wikileaks in 2010, Reuters had been unsuccessfully trying to obtain it through the Freedom of Information Act since the time of the attack.
Manning’s so-called crimes consist of leaking the Collateral Murder video, the Iraq and Afghanistan war logs, which betrayed more war crimes and the extent of America’s quagmires in the Middle East, and the embarrassing diplomatic cables that demonstrated the low-level corruption, bullying, and hypocrisy of modern diplomacy.


So Brad was found guilty of all but two charges.  Yes, the press is very lucky that Brad wasn't found guilty of aiding the enemy.  If he had been, that would have impacted their little lives.

But Brad's facing the potential of spending over 100 years in prison.  That's not a victory.

David Coombs is an idiot.  That's the defense attorney.  He didn't hav

Like Julian Assange, I think there has to be an appeal.


Here's C.I.'s "Iraq snapshot:"


Tuesday, July 30, 2013.  Chaos and violence continue, the violence increases stress levels in Iraq, Nouri al-Maliki's called out for his contribution to the worsening security, Bradley Manning's court-martial verdict is pronounced, US Senator Patty Murray addresses assault and rape in the military, and more.



Starting in the United States where a verdict has been declared in the court-martial of an Iraq War veteran.  Military judge Colonel Denise Lind has declared Barack guilty of all but two of the 21 charges but, Tom Vanden Brook (USA Today) notes, the charge of aiding the enemy wasn't one of the 19 charges Lind found him guilty of.  Michael Sherer (Time magazine) points out, "A military judge, Col. Denise Lind, rebuked the prosecutors claims Tuesday by ruling that Manning was not guilty of the government’s most serious charge against him, aiding the enemy, in a decision that amounts to a victory for Manning and his supporters by sparing him an immediate life sentence without the possibility of parole." Jes Burns (Free Speech Radio News) adds that Brad still  "faces lengthy jail time.Dorian Merina (also Free Speech Radio News) observed that Brad "could now face more than 100 years in prison."

Aiding the enemy?  Who was the enemy?  Apparently WikiLeaks.     Monday April 5, 2010, WikiLeaks released  military video of a July 12, 2007 assault in Iraq. 12 people were killed in the assault including two Reuters journalists Namie Noor-Eldeen and Saeed Chmagh. Monday June 7, 2010, the US military announced that they had arrested Bradley Manning and he stood accused of being the leaker of the video. Leila Fadel (Washington Post) reported in August 2010 that Manning had been charged -- "two charges under the Uniform Code of Military Justice. The first encompasses four counts of violating Army regulations by transferring classified information to his personal computer between November and May and adding unauthorized software to a classified computer system. The second comprises eight counts of violating federal laws governing the handling of classified information." In March, 2011, David S. Cloud (Los Angeles Times) reported that the military has added 22 additional counts to the charges including one that could be seen as "aiding the enemy" which could result in the death penalty if convicted. The Article 32 hearing took place in December. At the start of this year, there was an Article 32 hearing and, February 3rd, it was announced that the government would be moving forward with a court-martial. Bradley has yet to enter a plea. The court-martial was supposed to begin before the November 2012 election but it was postponed until after the election so that Barack wouldn't have to run on a record of his actual actions.  Independent.ie adds, "A court martial is set to be held in June at Ford Meade in Maryland, with supporters treating him as a hero, but opponents describing him as a traitor."  February 28th, Bradley admitted he leaked to WikiLeaks.  And why.


Bradley Manning:   In attempting to conduct counter-terrorism or CT and counter-insurgency COIN operations we became obsessed with capturing and killing human targets on lists and not being suspicious of and avoiding cooperation with our Host Nation partners, and ignoring the second and third order effects of accomplishing short-term goals and missions. I believe that if the general public, especially the American public, had access to the information contained within the CIDNE-I and CIDNE-A tables this could spark a domestic debate on the role of the military and our foreign policy in general as [missed word] as it related to Iraq and Afghanistan.
I also believed the detailed analysis of the data over a long period of time by different sectors of society might cause society to reevaluate the need or even the desire to even to engage in counterterrorism and counterinsurgency operations that ignore the complex dynamics of the people living in the effected environment everyday.




For truth telling, Brad's being punished by the man who fears truth: Barack Obama.  A fraud, a fake, a 'brand,' anything but genuine, Barack is all marketing, all facade and, for that reason, must attack each and every whistle-blower.  David Delmar (Digital Journal) points out, "President Obama, while ostensibly a liberal advocate of transparency and openness in government, and of the 'courage' and 'patriotism' of whistleblowers who engage in conscientious leaks of classified information, is in reality something very different: a vindictive opponent of the free press willing to target journalists for doing their job and exposing government secrets to the public."

Bradley Manning had a laughable defense provided by David Coombs.  Early on, in pre-court-martial appearances, he argued that Bradley was transgendered and then largely ignored that defense until the prosecution used a photo of Bradley taken shortly after he leaked to WikiLeaks -- in the photo, Brad was smiling and in drag.  The prosecution argued that the photo meant that Brad was not troubled by leaking and glad to have leaked while Coombs countered that the photo just suggested Brad was -- in drag -- at last comfortable with who he was.  Other than that, the transgender issue was largely ignored and you had to wonder why Coombs raised it and ticked off a number of Brad's defenders who were uncomfortable with the transgendered?  The assertion was also disputed by some in the LGBT community.  Lou Chibbaro Jr. (Washington Blade) notes:


 

Transgender advocates have also expressed skepticism of a claim by one of Manning’s defense attorneys that his action was due, in part, to his personal struggle over his gender identity. The attorney and others who know Manning noted that he referred to himself for a short period of time with a female name and downloaded information over the internet about gender identity disorder.
“I don’t see that his identity has anything to do with what he did,” said Maryland transgender advocate Dana Beyer. “His sexual identity, however you want to define it, is completely irrelevant.”


There was never method to Coombs madness and Brad's guilt was determined when the decision was made to forgo a military jury and allow a judge to determine guilt or innocence.

As we've long noted, when you go with a judge (especially in a military court), you're not making a hearts and flowers appeal.  A military judge will blow off such a defense (and a female military judge might find it offensive and assume that the defense is making that argument due to some stereotypical notion they have of women).  With a judge determining guilt or innocence, you lead them into the maze that is the legal system -- where this law conflicts with that law.  You present them with a mess and an attitude of: "Please, Judge, in all your training and wisdom, figure this out."  This appeals to the judge's vanity.  In closing arguments, Coombs appeared to grasp that notion.

Coombs failed Brad with witnesses as well.  Every witness in the chain of command that was called to testify should have been asked -- by Coombs -- what their punishment was.  If this was truly the biggest and most shocking crime that the prosecution repeatedly argued it was, then why is Brad the only one punished?  In the military, there is responsibility up the chain of command.  That means Brad's superiors share guilt if Brad is guilty.  By pointing out (repeatedly) who was not punished, Coombs would have underscored that this was not a case of the military seeking justice but of the US government lashing out at Brad.

The verdict was announced at 1:00 pm EST and Amy Goodman's Democracy Now! did a special broadcast on this (this is in addition to Democracy Now!'s regular broadcast this morning).  The Nation's Greg Mitchell told Amy during the broadcast that the decision that Brad was not aiding the enemy  was very important.

Greg Mitchell:  Well it's extremely significant, both for Manning and for journalists and whistle-blowers and people who really care about this everywhere.  But, of course, it probably gets him off the hook for the most serious sentencing -- which the process does begin tomorrow -- which was life in prison.  The other charges and the 19 charges -- whatever the final total is -- of course, will mean he will spend many years in prison, no doubt.  But the aiding the enemy was the most serious for him.  And, in terms of others, it -- if he'd been convicted of that -- it certainly threatened journalists everywhere and, of course, whistle-blowers.  Amy, as many of your listeners know, this kind of charge was unusual in this case and it would put in danger people who disseminate, publish, leak or make public important information for the public that could be or ended up in the hands or was cited by some unknown enemy abroad which would mean that, you know, any kind of information that you could charge that someone, somewhere -- one of our alleged enemies -- made us of, you could then be brought up on this charge to face, you know, to face life in prison or whatever.

Amy Goodman:  Now Greg, we're reading the Tweets as we talk to you.  This is a live broadcast on the day of the verdict.  The most serious charge -- aiding the enemy -- Bradley Manning has been aquitted of.  Alexa o'Brien now writes:


  1. Spec 9, Charge II GTMO File 793(e) Espionage GUILTY (10 Years MAX)


Amy Goodman (Con't): Kevin Gosztola writes:


  1. Manning was found GUILTY of wantonly causing to be published intelligence on the Internet

  
Amy Goodman (Con't):  Explain.

Greg Mitchell:  Well these are the long list of charges -- many of which, or some of which -- he had pleaded guilty to quite some time ago.  The judge today had to affirm them so they're included as if he hadn't really pleaded to them but they're part of the charges he is now found guilty of and, you know, the array of charges against him, you know, was espionage, was use of a computer to leak information, leaking the videos.  I haven't quite -- I haven't seen the verdict on the Granai video -- this is not the Collateral Murder video which I believe he did admit to but the other video which was a mass slaying abroad.

Mitchell is referring to the May 4, 2009 US airstrike on Granai in Afghanistan in which close to 150 innocent civilians were killed.  Brad stated he had leaked that video to WikiLeaks as well.  (WikiLeaks has since lost the video.)


Mitchell (and others) are right that Lind not finding Brad guilty of aiding the enemy is important but there's also a self-serving manner in the coverage. I'm not referring to Mitchell or anyone highlighted above or below.  I am referring to cable TV coverage which left at least two people convinced Brad was acquitted of the charges against him.  We were discussing the verdict with a group of students -- fairly well informed ones taking summer semester classes -- and two who had caught cable TV coverage were convinced Brad had been acquitted of all charges.

The press is thrilled that aiding the enemy was tossed.  But that really isn't about Brad -- their excitement. It's about what it would have possibly meant for them if Brad had been found guilty of it.  Brad did a great thing when he exposed what was taking place and had taken place.  And while he had entered a plea on many of the other charges, that doesn't change the fact that Brad was found guilty and that this wasn't a good thing.  He first raised the issue of War Crimes with a superior who blew him off.  He then leaked evidence of War Crimes.  He should be applauded for that.  The US government is supposedly against War Crimes so Brad's actions should be seen as a good thing and his conviction on any charges -- let alone ones that potentially add up to a lengthy prison sentence -- is nothing to be thrilled about.  Alexa O'Brien has posted the document listing the charges Brad was convicted of.   An exception in the MSM coverage may have been Jim Miklaszewski's report for NBC Nightly News with Brian Williams who observed legal experts predict Manning's convictions will have a chilling effect on future leakers." Newsday's editorial notes:


President Barack Obama has gone overboard in his crackdown on leakers. The administration has brought seven cases under the Espionage Act against CIA and FBI employees and contractors accused of leaking national security information -- more than all previous administrations combined.
And Obama's Justice Department has clumsily entangled journalists in its net. Federal prosecutors, investigating a leak that intelligence officials had warned Obama about North Korea's plan to conduct a nuclear test, labeled James Rosen of Fox News a "co-conspirator" after he reported the story in 2009. And prosecutors are still demanding that New York Times reporter James Risen testify at the espionage trial of a former CIA official accused of leaking information in 2003 about the U.S. effort to disrupt Iran's nuclear weapons program.


On The NewsHour (PBS -- link is audio, text and video) this evening,  Jeffrey Brown moderated a debate on the convictions -- the Center for Constitutional Rights' Michael Ratner debated form CIA official Jeffrey Smith.  Excerpt.

MICHAEL RATNER, Center for Constitutional Rights: I think it's probably one of the greatest injustices of our decade.
Here you have man who who's revealed very important information about war crimes, whose information actually sparked the Arab spring, and you have him being convicted of 20 charges that can carry 134 years. And you have to people who were engaged in the criminality he revealed not being investigated at all.
Bradley Manning is a whistle-blower. He shouldn't be prosecuted. The people who committed the crimes ought to be prosecuted.


Other NewsHour coverage includes:



Mike McKee is with the Bradley Manning Support Network and he told Free Speech Radio News that he and others gathered at Fort Meade to show their support, "We had about between 50 or 60 people here today as well as a rather revved up media presence as well, both representatives of American media and foreign as well. We’ve held a vigil on the first day of each week of court proceedings, attendance fluctuates, this was certainly one of the larger ones although the numbers weren’t totally uncommon. You saw a good variety of home-made signs as well as banners that people have made for various events and demonstrations that have been had for Bradley over the past year."




In England, Julian Assange held a press conference at the Ecuadorian Embassy in London.  Assange is the founder of WikiLeaks.  AFP reports that he stated, "Bradley Manning's alleged disclosures have exposed war crimes, sparked revolutions and induced democratic reforms.  He is the most important journalistic source the world has ever seen."  Assange also noted the prosecution and verdict demonstrated the "national security extremism" of Barack's administration.  Ed Pilkington (Guardian) adds:


In a statement, Manning's family said they were disappointed by so many guilty findings – he was deemed to be guilty of 17 of the 22 counts against him in their entirety and three others in an amended form. But the statement, written by a US-based relative, said the family was "happy that Judge Lind agreed with us that Brad never intended to help America's enemies in any way."




The editorial board of the San Jose Mercury Times offers their take on the verdict which praises Lind for the guilty rulings she made as well as the one she didn't:  "But she found him not guilty of aiding U.S. enemies -- the Obama administration's nuclear option to stop persistent government leaks. Manning will serve jail time, but a conviction on aiding enemies would have meant life in prison with no possibility of parole. That would have been unjust."   Douglas Rushkoff (CNN) offers his take on the verdict:

The verdict comes on the 235th anniversary of the passage of America's first whistle-blower protection law, approved by the Continental Congress after two Navy officers were arrested and harassed for having reported the torture of British prisoners.
How have we gotten to the place where the revelation of torture is no longer laudable whistle-blowing, but now counts as espionage?
The answer is that government has not yet come to terms with the persistence and transparency of the digital age. Information moves so fast and to so many places that controlling it is no longer an option. Every datapoint, whether a perverted tweet by an aspiring mayor or a classified video of Reuters news staffers being gunned down by an Apache helicopter, will somehow find the light of day. It's enough to make any administration tremble, but it's particularly traumatic for one with things to hide.


The Center for Constitutional Rights issued the following statements on Lind's rulings:


July 30, 2013, New York – Today, the Center for Constitutional Rights (CCR) released the following statement in response to the verdict in the trial of Bradley Manning:



While the "aiding the enemy" charges (on which Manning was rightly acquitted) received the most attention from the mainstream media, the Espionage Act itself is a discredited relic of the WWI era, created as a tool to suppress political dissent and antiwar activism, and it is outrageous that the government chose to invoke it in the first place against Manning. Government employees who blow the whistle on war crimes, other abuses and government incompetence should be protected under the First Amendment.
We now live in a country where someone who exposes war crimes can be sentenced to life even if not found guilty of aiding the enemy, while those responsible for the war crimes remain free. If the government equates being a whistleblower with espionage or aiding the enemy, what is the future of journalism in this country?  What is the future of the First Amendment?
Manning’s treatment, prosecution, and sentencing have one purpose: to silence potential whistleblowers and the media as well. One of the main targets has been our clients, WikiLeaks and Julian Assange, for publishing the leaks. Given the U.S. government’s treatment of Manning, Assange should be granted asylum in his home country of Australia and given the protections all journalists and publishers deserve.
We stand in solidarity with Bradley Manning and call for the government to take heed and end its assault on the First Amendment.


The Center for Constitutional Rights represents WikiLeaks and Julian Assange in the U.S. and filed a case challenging the lack of transparency around the Manning trial on behalf of itself and a diverse group of media figures: Glenn Greenwald, Amy Goodman of Democracy Now!, The Nation and its national security correspondent Jeremy Scahill, and Wikileaks and its publisher, Julian Assange. Also included are Kevin Gosztola, co-author of Truth and Consequences: The U.S. vs. Bradley Manning and a civil liberties blogger covering the Manning court martial, and Chase Madar, author of The Passion of Bradley Manning and a contributing editor to The American Conservative. Jonathan Hafetz of Seton Hall Law School is co-counsel with CCR in that case, along with Bill Murphy and John J. Connolly of Zuckerman Spaeder LLP’s Baltimore office.

To read the judge's verdict, click here. The court has not provided transcripts at any point in the trial: what transcripts there are have been privately organized by the Freedom of the Press Foundation and others with crowd-sourced funding.



The Center for Constitutional Rights and Douglas Rushkoff are among the few noting the fact that the verdict is wrong.  Again, others are more interested -- self-interest, self-preservation -- in breathing sighs of relief over Lind not finding Brad guilty of aiding the enemy -- and sighing in relief because it means that their own lives are unaffected . . . for now.


The authorities of United States have a long history of spying on those who actively participate in the nation's democracy through free speech and other civic and community activities.  Over the years, citizens and the judiciary have tried to rein in state surveillance by asserting First Amendment protections of free speech and Fourth Amendment protections against unreasonable searches and seizures.  From the Palmer Raids through COINTELPRO, periods of perceived national emergency have typically eroded these protections.  Today, a sprawling industry has mushroomed, financed by taxpayer money, ostensibly to protect the nation from terrorism and other threats.  As this industry consolidates and grows, sophisticated surveillance technologies pose new threats to privacy and the right of association.

That's Heidi Boghosian (National Lawyers Guild Executive Director and co-host of Law and Disorder Radio) from her new book Spying on Democracy: Government Surveillance, Corporate Power and Public Resistance -- officially released next Tuesday.  And she's right and this applies to the sighs going off today.  It's a momentary -- only a momentary -- reprieve unless the press finds the guts to stick up for themselves which means actual reporting.  They can start by covering the item Amy Goodman noted this morning:

New Zealand’s government is rebuffing a report that U.S. intelligence agencies helped its military monitor the communications of a freelance journalist reporting for McClatchy in Afghanistan. A report in New Zealand’s Sunday Star-Times says "U.S. spy agencies" assisted the New Zealand military in collecting metadata on the phone calls of Jon Stephenson and his "associates" while he was reporting on the U.S.-led occupation of Afghanistan last year. New Zealand’s defense minister said a review of the claims is underway. If confirmed, the report could show spying techniques used by the National Security Agency and recently revealed by former contractor Edward Snowden have been used against journalists.


The AP reported on this yesterday -- to note that the US government denies the allegations.  That's a press release (from the government), that's not reporting.  As for Brad, what happens now?  Amy Goodman explained, "After the verdict, the trial enters the sentencing phase where both the prosecution and defense will present more evidence and arguments."


Brad was trying to save the Iraqi people and others harmed by War Crimes.  As Peter Walker (Guardian) notes today:



• The first revelation came in 2010, from a video showing a US helicopter crew laughing as they launched an air strike killing a dozen people in Baghdad in July 2007, including a photographer and driver working for the Reuters news agency. The footage was recorded on one of two Apache helicopters which were hunting for suspected insurgents. They encounter a group of men on the ground, who do not immediately appear armed, and there is no sign of gunshots. But one helicopter crew opens fire, with shouts of "Hahaha. I hit 'em," and "Oh yeah, look at those dead bastards". As the wounded are helped, one of the helicopters opens fire again, with armour-piercing shells.
• The next tranche of revelations came in July 2010, from documents dating from 2004 to 2009 about the Afghan war. One set raised concerns in the US by suggesting alleged support for the Taliban from Pakistan, particularly that the country's spy agency, the Inter-Services Intelligence (ISI), had been collaborating with the Taliban.
• The Afghanistan files also included details of an incident from 2007 in which US marines escaping an attack outside the city of Jalalabad fired their guns indiscriminately, killing 19 unarmed civilians and wounding 50 more. While the aftermath of the attack was plain to military authorities, the files suggested, the incident was referred to in an official report only as this: "The patrol returned to JAF [Jalalabad air field]."
• In October 2010 came a series of revelations about events in Iraq. Chief among these was that US authorities failed to investigate hundreds of reports of abuse, torture, rape and even murder by Iraqi police and soldiers. The reports of abuse, often supported by medical evidence, describe prisoners shackled, blindfolded and hung by wrists or ankles, and subjected to whipping, punching, kicking or electric shocks.
• Another Iraq-related revelation was that the US collated details of more than 100,000 people killed in Iraq following the invasion of the country, including more than 15,000 deaths that were previously unrecorded. The tally goes against previous protestations by the UK and US that there were any official statistics on the death toll connected to the war.



Meanwhile, at the US State Dept press briefing today, AP's Matt Lee attempted to get a response from the Dept about the verdict in Brad's court-martial.


MS. PSAKI: Hi, everyone. I know there’s lots of news happening around here today, but --

QUESTION: Really? Where? (Laughter.)

MS. PSAKI: Well, Matt, we were just up on the eighth floor. I didn’t see you there, but --

QUESTION: Oh, I thought you were talking about Fort Meade.

MS. PSAKI: -- it was an exciting statement by the Secretary, but let’s start with what’s on your 
minds.

QUESTION: It was an exciting statement. I’d love to start with the Middle East --

MS. PSAKI: Great.

QUESTION: -- but since I know that you’re not going to be able to answer any of my questions, I’ll start with another topic that you won’t be able to answer my question on, which is: What is the State Department’s reaction to the verdict of the Manning trial?

MS. PSAKI: Well, Matt, we have seen the verdict, which I know just came out right before I stepped out here. I would – beyond that, I would refer you to the Department of Defense --

QUESTION: Look, for the --

MS. PSAKI: -- with no further comment from here.

QUESTION: For the entire trial, this building had said that it wouldn’t comment because it was pending – it was a pending case. Now that it’s over, you say – you’re still not going to comment?

MS. PSAKI: That’s correct. I would refer you to the Department of Defense.

QUESTION: Can I – okay. Can I just ask why?

MS. PSAKI: Because the Department of Defense has been the point agency through this process.

QUESTION: (Off-mike.)

QUESTION: These were State Department cables, exactly. They were your property.

QUESTION: State Department employees were (inaudible).

MS. PSAKI: We don’t – we just don’t have any further comment. I know the verdict just came out. I don’t have anything more for you.

QUESTION: Well, does that mean – are you working on a comment?

MS. PSAKI: I don’t --

QUESTION: Are you gratified that this theft of your material was --

MS. PSAKI: I don’t expect so, Matt, but if we have anything more to say, I promise everybody in this room and then some will have it.

QUESTION: Okay. I’m a little bit surprised that you don’t have any comment, considering the amount of energy and time this building expended on assisting the prosecution, but also when they were – when the cables were first put out, your former predecessor, Mr. Crowley, spent a huge amount of time on it and I – it would be --

MS. PSAKI: I’m aware of that --

QUESTION: Okay.

MS. PSAKI: -- and if there’s more to say at any point today, I’m sure we’ll make that available to all of you.
Did you want to move on to another topic?

QUESTION: I’ll let other people go on to their topic, because I’m sure I will be as unsatisfied with your responses to other questions as I was to --

MS. PSAKI: We’ll see, Matt. You never know.
 


Where he had grave concerns for the people, the White House has none -- which is why violence continues in Iraq.  National Iraqi News Agency reports 3 civilians shot dead in Kut, a Kirkuk roadside bombing claimed the life of 1 police officer and left another injured, a Kirkuk sticky bombing claimed the life of 1 civilian and left two more injured, and a Tikrit car bombing left seven security forces injured.  Alsumaria adds that a police officer was shot dead outside his Mosul home, an attack on a Mosul checkpoint left 2 police officers dead,  and a Tikrit suicide bomber attacked the Salahuddin Province Council leaving five people injured.   All Iraq News notes a Baghdad perfume shop bombing which claimed 2 lives and left seven people injured.  Mu Xuequan (Xinhua) notes a Baquba shop bombing which claimed 5 lives and left sixteen injured, a Tuz-Khurmato bombing ("at Siyd Mahdi Shiite mosque") which left 3 dead and twelve more injured and -- in separate incidents -- 2 shop owners were shot dead in Falluja.

Through yesterday, Iraq Body Count counts 891 violent deaths for the month thus far. Yesterday, a wave of bombings struck Iraq. Bob Schieffer noted on Monday's CBS Evening News with Scott Pelley (link is video), "And this was another deadly day in Iraq.  At least 58 people died as car bombs ripped through markets, parking lots and a cafe.  In all, 18 bombs went off today.  There has been a surge of violence throughout Iraq by some accounts close to 700 people have died just this month alone."  Over at ABC 'News,' George Stephanopoulos filled in for Diane Sawyer on World News in order to waste everyone's time with a segment (the same non-news and non-issue that Bob Somerby called out Erin Burnett for wasting time on).  He had no time for Iraq but he was full of "practical tips to save time" which just goes to the fact that George isn't a trained journalist but a hack for politicians.  In the future, put Bob Woodward behind the anchor desk and leave George to fluff.
 
AFP notes that the rising violence is impacting stress levels in Iraq:
 
"Some Iraqis, he says, are “just permanently stressed” and will jump at the honk of a car horn or get into arguments at the drop of a hat.  
"It’s really hard. I’m always on edge, always tired,” says Qaisar, a 26-year-old traffic policeman, standing in the midday heat on a busy Baghdad thoroughfare"
 
 In other news of violence,  NINA notes al Qaeda in Iraq has claimed responsibility for yesterday's bombings.  "For Iraqis it's a grim reminder of a past they had hoped was over.  Once again, multiple bomb attacks are sewing havoc," BBC's Bridget Kendall observes (link is video).

Bridget Kendall: So what's fueling the violence? Well, one problem is worsening Sunni - Shia tensions in Iraq exacerbated by the Shia-led government of Nouri al-Maliki who Sunni politicians say is behaving like a dictator.  That resentment has helped al Qaeda in Iraq recruit Sunni militants.  And the conflict in Syria next door has played its part too.  al Qaeda extremists operate in both countries.

All Iraq News notes that a member of the Security and Defense Committee in Parliament is strongly calling out Nouri for his failure to visit any of the wounded from yesterday's attacks while the Sadr bloc MP Jawed al-Shiheli has criticized Nouri for failing to visit the injured and for failing to visit the sites of the bombings.  Meanwhile Sadr bloc MP Jawed al-Hasnawi declared that Nouri has "full responsibility for this situation. There should be an inclusive change to the security leaders."


Last week's prison break appears to still be drawing attention to Iraq (or maybe the media's finally realized it was a mistake to drop Iraq from the news radar).  In terms of al Qaeda in Iraq, Robin Simcox (Huffington Post UK) offers:

Much of the media narrative suggests that the group was irrevocably destroyed by the Anbar Awakening and American surge of late 2006/early 2007. While it is true that these events hugely damaged ISIL, it is not as if the group packed up its operations and accepted defeat. AQ is nothing if not resilient, and the departure of all American troops in 2011 provided it with the perfect fillip to bounce back with a vengeance.
Even prior to the 2011 withdrawal, ISIL was able to carry out co-ordinated attacks every four to six weeks, killing on a mass scale. They have picked up their pace further now, with approximately 2500 dying in Iraq as the result of terrorism in the last two months.


Among the analysis currently being offered by the Brookings Institute.  Kenneth M. Pollack offers (PDF format warning) "The Fall and Rise and Fall of Iraq."   Excerpt.



The problems reemerged after Iraq’s 2010 national elections. Ayad Allawi’s mostly - Sunni Iraqiyya garnered slightly more votes than Maliki’s overwhelmingly Shi’a State of Law coalition. But Maliki refused to believe that he had lost, and refused to allow Allawi to take the first shot at forming a government. He pressured Iraq’s high court to rule that he could get the first chance to form a government.
Rather than insist that Allawi be given the first chance, as is customary in most democracies and was clearly what was best for Iraqi democracy, the United States (and the United Nations) did nothing. Ten months of bickering, backstabbing and political deadlock followed. In the end, the Iranians forced Muqtada as - Sadr to back Maliki, uniting the Shi’a behind him. At that point, the Kurds fell into place, believing that the prime minister had to be a Shi’a, and Iraqiyya’s goose was cooked. But so too was Iraqi democracy.
The message that it sent to Iraq’s people and politicians alike was that the United States under the new Obama Administration was no longer going to enforce the rules of the democratic road. We were not going to insist that the will of the people win out. We were willing to step aside and allow Iraq’s bad, old political culture of pay - offs, log - rolling, threats and violence to re - emerge to determine who would rule the country -- the same political culture that the U.S. had worked so hard to bury.
It undermined the reform of Iraqi politics and resurrected the specter of the failed state and the civil war. Having backed Maliki for prime minister if only to end the embarrassing political stalemate, the Administration compounded its mistake by lashing itself uncritically to his government. Whether out of fear of being criticized for allowing him to remain in office in the first place, or sheer lack of interest and a desire to do what required the least effort on the part of the United States, the Administration backed Maliki no matter what he did -- good, bad or indifferent.





We'll cover the report more this week.  Today, Bradley is the story and we focused on him.


This year, Senator Patty Murray became Chair of the Senate Budget Committee.  Prior to that, she was Chair of the Senate Veterans Affairs Committee.  She remains on the Senate Veterans Affairs Committee (now Chaired by Senator Bernie Sanders) and she remains committed to addressing issues effecting service members and veterans.  Her office issued the following today:






FOR IMMEDIATE RELEASE                                                            CONTACT: Murray Press Office
Tuesday, July 30, 2013                                                                                          (202) 224-2834
MILITARY SEXUAL ASSAULT: Murray Meets With Top Air Force Official
 

 
WASHINGTON, D.C. – Today, U.S. Senator Patty Murray (D-WA) met with Air Force Major General Margaret H. Woodward to discuss the epidemic of sexual assault in our nation’s armed forces. In June, Maj. Gen. Woodward was named the Director of the Air Force Sexual Assault Prevention and Response (SAPR) Office. In May, Senators Murray and Kelly Ayotte (R-NH) introduced the bipartisan Combating Military Sexual Assault Act to provide trained military lawyers, also known as Special Victims Counsels (SVCs), to victims of sexual assault in all service branches. This legislation has been included in the pending National Defense Authorization Act, which is expected to be considered by the full Senate in the coming months. The SVC program is based on a successful pilot program currently implemented in the Air Force.
 
“Our legislation to provide victims with a dedicated legal counsel absolutely gets to the heart of effectively addressing the tragic epidemic of sexual assault in our military,” said Senator Murray. “When our best and our brightest put on a uniform and join the United States Armed Forces, they do so with the understanding that they will sacrifice much in the name of defending our country and its people. However, it’s unconscionable to think that entertaining unwanted sexual contact from within the ranks is now part of that equation. Special Victims’ Counsels are a major step forward in reversing this awful trend and establish the necessary means for victims to take action against their attackers. It’s inexcusable for us to wait any longer to address this issue and I’m glad we have a willing partner in Major General Woodward to start taking meaningful action to do right by our nation’s heroes.”
In a statement endorsing the Murray-Ayotte SVC legislation, Chairman of the Joint Chiefs of Staff General Martin Dempsey said, “The Air Force Special Victims’ Counsel (SVC) pilot program, while very new, has shown positive results and provides a robust support program for victims of sexual assault.  Hundreds of victims have availed themselves of SVC services in the Air Force in just the past several months since it was implemented.  Many of those victims who initially filed restricted reports of sexual assault decided to change their report to unrestricted, allowing full investigation of the offenses committed by their assailant.  As the early reports have been so promising, I expressed in my May 20, 2013, letters to Senators Levin and Inhofe that the proposed SVC legislation had merit. I support providing victims of sexual assault this important resource.”
###
 
 
---
Meghan Roh
Press Secretary | New Media Director
Office of U.S. Senator Patty Murray
Mobile: (202) 365-1235
Office: (202) 224-2834



 
 
 
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