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Military rules prevent crew from getting full picture. President Bush himself challenged reporters to visit the U.S. prison camp at Guantanamo Bay amid allegations that American troops mistreated suspected Islamic terrorists held there, so CNN took him up on the offer. "These people are being treated humanely. Very few prison systems around the world have seen such scrutiny as this one," Bush said Wednesday. "And for those of you who are here and have doubt, I suggest buying an airplane ticket and going down and look -- take a look for yourself." But military ground rules -- including censoring video shot at the facility -- made it nearly impossible for a CNN crew that visited the prison the same day to get a full picture of the prison. A lawyer for some of the detainees called press tours of the camp "one big charade." CNN employees who visited the prison were not allowed to speak to the prisoners.
The U.S. military called no witnesses, withheld evidence from detainees and usually reached a decision within a day as it determined that hundreds of men detained at Guantanamo Bay were “enemy combatants,” according to a new report. The analysis of transcripts and records...found that hearings that determined whether a prisoner should remain in custody gave the accused little opportunity to contest allegations against him. “These were not hearings. These were shams,” said Mark Denbeaux, an attorney and Seton Hall University law professor who along with his son, Joshua, is the author of the report. The military held Combatant Status Review Tribunals for 558 detainees...between July 2004 and January 2005 and found all but 38 were enemy combatants. Handcuffed detainees appeared before a panel of three officers with no defense attorney, only a military “personal representative.” Representatives said nothing in the hearings 14 percent of the time and made no “substantive” comments in 30 percent. In 74 percent of the cases, the government denied requests to call witnesses who were detained at the prison. The report is based on transcripts...released earlier this year in response to a Freedom of Information Act lawsuit... The Military Commissions Act, which President Bush signed on Oct. 17, strips all non-U.S. citizens held under suspicion of being an enemy combatant of their right to challenge their detention in civilian courts with petitions of habeas corpus.
New Jersey is using an anti-terrorism law for the first time to try six animal rights activists charged with harassing and vandalizing a company that made use of animals to test its drugs. Prosecutors say the activists, who will stand trial next week, used threats, intimidation and cyber attacks against employees of Huntingdon Life Sciences, a British company with operations in East Millstone, New Jersey, with the intention of driving it out of business. The six, members of a group called Stop Huntingdon Animal Cruelty (SHAC), are charged under the Animal Enterprise Protection Act, amended in 2002 to include "animal enterprise terrorism," which outlaws disrupting firms like Huntingdon. The list of potential defense witnesses includes actress Kim Basinger, who joined a protest outside a Huntingdon laboratory in Franklin, New Jersey to try to stop such companies using animals to test their pharmaceutical products.
The Supreme Court restricted the free-speech rights of the nation's 21 million public employees Tuesday, ruling that the 1st Amendment does not protect them from being punished for complaining to their managers about possible wrongdoing. Although government employees have the same rights as other citizens to speak out on controversies of the day, they do not have the right to speak freely inside their offices on matters related to "their official duties," the Supreme Court said in a 5-4 decision. Lawyers for government whistle-blowers denounced the ruling as a major setback. "In an era of excessive government secrecy, the court has made it easier to engage in a government cover-up by discouraging internal whistle-blowing," said Steven Shapiro, legal director for the American Civil Liberties Union. The decision threw out most of a lawsuit filed by Deputy District Atty. Richard Ceballos, who said he was disciplined after he wrote memos alleging that a police officer may have lied to obtain a search warrant. The 9th U.S. Circuit Court of Appeals agreed he was entitled to a trial on his lawsuit because he had spoken on a "matter of public concern." But the Supreme Court reversed that ruling Tuesday. Because Tuesday's decision interprets the 1st Amendment, it applies to governments at all levels, including federal and states agencies, public hospitals and public schools and colleges.
The dire conditions created by Hurricane Katrina may be confined to the Gulf Coast, but on paper the emergency is all over the country. President Bush has declared that Katrina-related emergencies exist in 40 states and the District of Columbia. Some, such as California, Massachusetts and North Dakota, are far removed from Katrina's wrath. Apparently it does not take much to qualify as an emergency.
Note: These "emergencies" also give the president extraordinary powers to curtail civil liberties.
The dire conditions created by Hurricane Katrina may be confined to the Gulf Coast, but on paper the emergency is all over the country. President Bush has declared that Katrina-related emergencies exist in 40 states and the District of Columbia. Apparently it does not take much to qualify as an emergency.
Note: These "emergencies" also give the president extraordinary powers to curtail civil liberties.
An Amish family in Pennsylvania must connect to its local municipal sewer system, even though it would require the use of an electric pump, which goes against the family's religious beliefs. A Jan. 5 opinion by a divided Pennsylvania Commonwealth Court finally ended the five-year legal battle. The court agreed with a lower court ruling that ordered the Yoder family to connect to the municipal sewer system. The Yoder family argued that use of electricity violates its religious convictions. The family has used an outhouse - an "old-fashioned privy" - that did not require running water or electricity. But Sugar Grove Township requires residents with properties that abut the sewer system to connect to it at the owners' cost. The ruling addressed whether the Yoders could connect to the system without use of an electric pump. The court ruled that that using an electric pump was the "least intrusive means" of connecting to the sewer system. In a dissenting opinion, Judge Patricia McCullough expressed concern with the ruling, saying there were other ways of disposing of sewage in a sanitary way that would not infringe upon the Yoder family's religious rights. That's a concern shared by Sara Rose, a senior staff attorney with the American Civil Liberties Union. "They didn't consider the other ways that the government could have achieved its ends," she said. She also said the decision unduly put the burden on the Yoders.
Note: For more along these lines, see concise summaries of deeply revealing civil liberties news articles from reliable major media sources.
Investigators have revealed that targets of high-tech spying in Mexico included an international group of experts backed by the Organization of American States who had criticized the government’s investigation into the disappearance of 43 students. Previous investigations by the internet watchdog group Citizen Lab found that the spyware had been directed at journalists, activists and opposition politicians in Mexico. But targeting foreign experts operating under the aegis of an international body marks an escalation of the scandal. The experts had diplomatic status, making the spying attempt even graver. The spyware, known as Pegasus, is made by the Israel-based NSO Group, which says it sells only to government agencies for use against criminals and terrorists. It turns a cellphone into an eavesdropper, giving snoopers the ability to remotely activate its microphone and camera and access its data. The spyware is uploaded when users click on a link in email messages. Citizen Lab said the spyware attempts against the international experts occurred in March 2016 as the group was preparing its final, critical report on the government investigation into the disappearances. The 43 students were detained by local police in the city of Iguala on 26 September 2014, and were turned over to a crime gang. Only one student’s remains have been identified. The experts criticized the government’s conclusions, saying ... that government investigators had not looked into other evidence.
Note: Read the report by Citizen Lab at the University of Toronto for the details of these suspicious spyware attacks. For more along these lines, see concise summaries of deeply revealing news articles on corruption in government and the erosion of civil liberties.
Attorney General Eric H. Holder Jr. on Friday barred local and state police from using [a civil asset forfeiture program at the Justice Department called Equitable Sharing] to seize cash, cars and other property without warrants or criminal charges. The program has enabled local and state police to make seizures and then have them "adopted" by federal agencies, which share in the proceeds. It allowed police ... to keep up to 80 percent of the proceeds of adopted seizures. Since 2001, about 7,600 of the nation's 18,000 police departments and task forces have participated in Equitable Sharing. For hundreds of police departments and sheriff's offices, the seizure proceeds accounted for 20 percent or more of their annual budgets in recent years. The Departments of Justice and Homeland Security paid private firms millions to train local and state officers in the techniques of an aggressive brand of policing [that] emphasized the importance of targeting cash. Most of the money and property taken under Equitable Sharing since 2008 – $3 billion out of $5.3 billion – was not seized in collaboration with federal authorities. The Treasury Department is also changing its asset forfeiture program to follow the same guideline included in Holder's order, the statement said.
Note: While civil asset forfeiture may remain common in some U.S. states, Holder's announcement means that police can no longer pad their departmental budgets with this federal program. A Washington Post investigation and an Institute for Justice Study were instrumental in exposing this program's corrupting influence.
The U.S. government will have unmanned surveillance aircraft monitoring the whole southwest border with Mexico from September 1, as it ramps up border security in this election year. Homeland Security Secretary Janet Napolitano said U.S. Customs and Border Protection would begin flying a Predator B drone out of Corpus Christi, Texas, on [that date], extending the reach of the agency's unmanned surveillance aircraft across the length of the nearly 2,000 mile border with Mexico. "With the deployment of the Predator in Texas, we will now be able to cover the southwest border from the El Centro sector in California all the way to the Gulf of Mexico in Texas, providing critical aerial surveillance assistance to personnel on the ground," Napolitano said during a conference call. Earlier this month, President Barack Obama signed a $600 million bill that would fund some 1,500 new Border Patrol agents, customs inspectors and other law enforcement officials along the border, as well as paying for two more unmanned drones. The Predator B drones are made by defense contractor General Atomics. They carry equipment including sophisticated day and night vision cameras that operators use to detect drug and human smugglers, and can stay aloft for up to 30 hours at a time.
Note: How long will it be before aerial surveillance drones, now positioned over the southern border of the US, are deployed in other parts of the country?
Jason Brannigan's eyes widened as he relived the day he says prison guards pepper-sprayed his face at point-blank range, then pulled him through the cellblock naked, his hands and feet shackled. "I can't breathe! I can't breathe!" Brannigan recalled gasping in pain and humiliation during the March 2007 incident. "They're walking me on the chain and it felt just like ďż˝ slaves again," said the African American inmate, interviewed at the Sacramento County jail. "Like I just stepped off an auction block." Brannigan, 33, said the incident occurred in the behavior modification unit at High Desert State Prison in Susanville, where he was serving time for armed assault. He is one of more than 1,500 inmates who have passed through such units in six California prisons. A Bee investigation into the behavior units, including signed affidavits, conversations and correspondence with 18 inmates, has uncovered evidence of racism and cruelty at the High Desert facility. Inmates described hours-long strip-searches in a snow-covered exercise yard. They said correctional officers tried to provoke attacks between inmates, spread human excrement on cell doors and roughed up those who peacefully resisted mistreatment. Many of their claims were backed by legal and administrative filings, and signed affidavits, which together depicted an environment of brutality, corruption and fear.
The CIA built one of its secret European prisons inside an exclusive riding academy outside Vilnius, Lithuania, a current Lithuanian government official and a former U.S. intelligence official [said]. Where affluent Lithuanians once rode show horses and sipped coffee at a café, the CIA installed a concrete structure where it could use harsh tactics to interrogate up to eight suspected al-Qaeda terrorists at a time. Lithuanian officials provided ABC News with the documents of what they called a CIA front company, Elite LLC, which purchased the property and built the "black site" in 2004. Lithuania agreed to allow the CIA prison after President George W. Bush visited the country in 2002 and pledged support for Lithuania's efforts to join NATO. "The new members of NATO were so grateful for the U.S. role in getting them into that organization that they would do anything the U.S. asked for during that period," said former White House counterterrorism czar Richard Clarke. "They were eager to please and eager to be cooperative on security and on intelligence matters." Lithuania was one of three eastern European countries, along with Poland and Romania, where the CIA secretly interrogated suspected high-value al-Qaeda terrorists, but until now the precise site had not been confirmed.
Note: For many revealing articles exposing the hidden realities of the "war on terror", click here.
Top Bush administration officials in 2002 debated testing the Constitution by sending American troops into the suburbs of Buffalo to arrest a group of men suspected of plotting with Al Qaeda, according to former administration officials. Some of the advisers to President George W. Bush, including Vice President Dick Cheney, argued that a president had the power to use the military on domestic soil to sweep up the terrorism suspects, who came to be known as the Lackawanna Six, and declare them enemy combatants. A decision to dispatch troops into the streets to make arrests has few precedents in American history, as both the Constitution and subsequent laws restrict the military from being used to conduct domestic raids and seize property. The Fourth Amendment bans “unreasonable” searches and seizures without probable cause. And the Posse Comitatus Act of 1878 generally prohibits the military from acting in a law-enforcement capacity. In the discussions, Mr. Cheney and others cited an Oct. 23, 2001, memorandum from the Justice Department that, using a broad interpretation of presidential authority, argued that the domestic use of the military against Al Qaeda would be legal because it served a national security, rather than a law enforcement, purpose. “The president has ample constitutional and statutory authority to deploy the military against international or foreign terrorists operating within the United States,” the memorandum said. The memorandum was declassified in March. But the White House debate about the Lackawanna group is the first evidence that top American officials ... actually considered using the document to justify deploying the military into an American town to make arrests.
Note: For many revealing reports from reliable sources on government and military threats to civil liberties, click here.
A Spanish court has agreed to consider opening a criminal case against six former Bush administration officials, including former Attorney General Alberto Gonzales, over allegations they gave legal cover for torture at Guantanamo Bay, a lawyer in the case said Saturday. Human rights lawyers brought the case before leading anti-terror judge Baltasar Garzon, who agreed to send it on to prosecutors to decide whether it had merit, Gonzalo Boye, one of the lawyers who brought the charges, told The Associated Press. The ex-Bush officials are Gonzales; former undersecretary of defense for policy Douglas Feith; former Vice President Dick Cheney's chief of staff David Addington; Justice Department officials John Yoo and Jay S. Bybee; and Pentagon lawyer William Haynes. Spanish law allows courts to reach beyond national borders in cases of torture or war crimes under a doctrine of universal justice. Garzon became famous for bringing charges against former Chilean dictator Augusto Pinochet in 1998, and he and other Spanish judges have agreed to investigate alleged abuses everywhere from Tibet to Argentina's "dirty war," El Salvador and Rwanda. The officials are charged with providing a legal cover for interrogation methods like waterboarding against terrorism suspects at Guantanamo, which the Spanish human rights lawyers say amounted to torture. Yoo, for instance, wrote a series of secret memos that claimed the president had the legal authority to circumvent the Geneva Conventions.
Note: It is encouraging that at least Spanish courts view it as their responsibility to prosecute torturers. For more on torture and other attacks on civil liberties, click here.
Despite President Barack Obama's vow to open government more than ever, the Justice Department is defending Bush administration decisions to keep secret many documents about domestic wiretapping, data collection on travelers and U.S. citizens, and interrogation of suspected terrorists. "The signs in the last few days are not ... encouraging," said Jameel Jaffer, an attorney for the American Civil Liberties Union, which filed several lawsuits seeking the Bush administration's legal rationales for warrantless domestic wiretapping and for its treatment of terrorism detainees. The documents sought in these lawsuits "are in many cases the documents that the public most needs to see," Jaffer said. "It makes no sense to say that these documents are somehow exempt from President Obama's directives." Groups that advocate open government, civil liberties and privacy were overjoyed that Obama on his first day in office reversed the FOIA policy imposed by Bush's first attorney general, John Ashcroft. Obama pledged "an unprecedented level of openness in government" and ordered new FOIA guidelines written with a "presumption in favor of disclosure." But Justice's actions in courts since then have cast doubt on how far the new administration will go. "This is not change," said ACLU executive director Anthony Romero. "President Obama's Justice Department has disappointingly reneged" on his promise to end "abuse of state secrets."
Note: For lots more on state secrecy from reliable, verifiable sources, click here.
U.S. spy agencies' sensitive data should soon be linked by Google-like search systems. Director of National Intelligence Mike McConnell has launched a sweeping technology program to knit together the thousands of databases across all 16 spy agencies. After years of bureaucratic snafus, intelligence analysts will be able to search through secret intelligence files the same way they can search public data on the Internet. Linking up the 16 agencies is the challenge at the heart of the job of director of national intelligence, created after 9/11. The new information program also is designed to include Facebook-like social-networking programs and classified news feeds. It includes enhanced security measures to ensure that only appropriately cleared people can access the network. The price tag is expected to be in the billions of dollars. The impact for analysts, Mr. McConnell says, "will be staggering." Not only will analysts have vastly more data to examine, potentially inaccurate intelligence will stand out more clearly, he said. Today, an analyst's query might scan only 5% of the total intelligence data in the U.S. government, said a senior intelligence official. Even when analysts find documents, they sometimes can't read them without protracted negotiations to gain access. Under the new system, an analyst would likely search about 95% of the data, the official said.
Note: For key reports from reliable sources on the hidden realities of the War on Terror, click here.
President-elect Barack Obama is unlikely to radically overhaul controversial Bush administration intelligence policies, advisers say, an approach that is almost certain to create tension within the Democratic Party. Mr. Obama is being advised largely by a group of intelligence professionals ... who have supported Republicans. The intelligence-transition team is led by former National Counterterrorism Center chief John Brennan and former CIA intelligence-analysis director Jami Miscik, say officials close to the matter. Mr. Brennan is viewed as a potential candidate for a top intelligence post. Ms. Miscik left amid a slew of departures from the CIA under then-Director Porter Goss. Mr. Brennan is a leading contender for one of the two jobs, say some advisers. He declined to comment. Gen. James L. Jones, a former North Atlantic Treaty Organization commander; Thomas Fingar, the chief of analysis for the intelligence director; Joan A. Dempsey, who served in top intelligence and Pentagon posts; former Rep. Tim Roemer of Indiana, who served on the 9/11 Commission; and [Rep. Jane] Harman have also been mentioned. Ms. Harman has also been cited as a potential secretary of homeland security.
Note: According to the New York Times, John O. Brennan, president-elect Obama's intelligence-transition leader and a top candidate for director of national intelligence or the CIA in the Obama administration, "[was] a senior adviser to [CIA Director George] Tenet in 2002 [and] was present at the creation of the C.I.A.’s controversial detention and interrogation program." Jane Harman has been the principal Congressional proponent of the Violent Radicalization and Homegrown Terrorism Prevention Act, with its McCarthyesque provisions for criminalizing political thought. For more on increasing threats to civil liberties from reliable sources, click here.
The 3rd Infantry Division’s 1st Brigade Combat Team has spent 35 of the last 60 months in Iraq patrolling in full battle rattle. Now they’re training for the same mission — with a twist — at home. Beginning Oct. 1 for 12 months, the 1st BCT will be under the day-to-day control of U.S. Army North, the Army service component of Northern Command, as an on-call federal response force for natural or manmade emergencies and disasters. This new mission marks the first time an active unit has been given a dedicated assignment to NorthCom, a joint command established in 2002 to provide command and control for federal homeland defense efforts and coordinate defense support of civil authorities. The mission will be a permanent one. They may be called upon to help with civil unrest and crowd control or to deal with potentially horrific scenarios such as massive poisoning and chaos in response to a chemical, biological, radiological, nuclear or high-yield explosive, or CBRNE, attack. The 1st BCT’s soldiers also will learn how to use “the first ever nonlethal package that the Army has fielded,” 1st BCT commander Col. Roger Cloutier said, referring to crowd and traffic control equipment and nonlethal weapons designed to subdue unruly or dangerous individuals without killing them. “It’s a new modular package of nonlethal capabilities that they’re fielding. They’ve been using pieces of it in Iraq, but this is the first time that these modules were consolidated and this package fielded, and because of this mission we’re undertaking we were the first to get it.”
Note: Positioning military troops in country to deal with internal matters violates the posse comitatus act, though the administration will argue that there is a national emergency allowing this.
The Defense Intelligence Agency's newly created Defense Counterintelligence and Human Intelligence Center is going to have an office authorized for the first time to carry out "strategic offensive counterintelligence operations," according to Mike Pick, who will direct the program. Such covert offensive operations are carried out at home and abroad against people known or suspected to be foreign intelligence officers or connected to foreign intelligence or international terrorist activities. The investigative branches of the three services -- the Army's Counterintelligence Corps, the Air Force Office of Special Investigations and the Naval Criminal Investigative Service -- have done secret offensive counterintelligence operations for years, and now DIA has been given the authority. Two years ago, the DIA asked then-Undersecretary of Defense Stephen A. Cambone for authority to run offensive operations along with a newer Pentagon intelligence agency, the Counterintelligence Field Activity (CIFA). Cambone agreed to a two-year trial. Defense Secretary Robert M. Gates recently approved the merger of CIFA into the new DIA center. Senior Defense Department officials and the combat commanders overseas will now decide what to do with the DIA's new offensive operational authority.
Note: For penetrating reports on the realities of the "war on terror" from major media sources, click here.
[Las Vegas], famous for being America's playground, has also become its security lab. Like nowhere else in the United States, Las Vegas has embraced the twin trends of data mining and high-tech surveillance, with arguably more cameras per square foot than any airport or sports arena in the country. Even the city's cabs and monorail have cameras. Some privacy advocates view the city as a harbinger of things to come. In secret rooms in casinos across Las Vegas, surveillance specialists are busy analyzing information about players and employees. Relying on thousands of cameras in nearly every cranny of the casinos, they evaluate ... behavior. They ping names against databases that share information with other casinos, sometimes using facial-recognition software to validate a match. And in the marketing suites, casino staffers track players' every wager, every win or loss, the better to target high-rollers for special treatment and low- and middle-rollers for promotions. "You could almost look at Vegas as the incubator of a whole host of surveillance technologies," said James X. Dempsey, policy director for the Center for Democracy and Technology. Those technologies, he said, have spread to other commercial venues: malls, stadiums, amusement parks. After Sept. 11, 2001, several airports tested facial-recognition software, with little success. But the government is continuing to invest in biometric technologies. "We often hear of the surveillance technology du jour, but what we're seeing now in America is a collection of surveillance technologies that work together," said Barry Steinhardt, the American Civil Liberties Union's technology and liberty project director. "It isn't just video surveillance or face recognition or license plate readers or RFID chips. It's that all these technologies are converging to create a surveillance society."
Note: For revealing major media reports of privacy risks and invasions, click here.
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