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Civil Liberties

Feds Drop Case Against Accused Iraqi Agent

Originally published at “Scoop” Independent News by Michael Collins

“The Government has determined that continued prosecution of this case as to LINDAUER would not be in the interests of justice.” *

(Jan. 16, Wash. DC) The Department of Justice entered a motion to drop all charges against Susan Lindauer yesterday morning, Jan. 15, 2009. The filing (see below) at the federal district court in lower Manhattan ends the government’s attempt to prosecute her for allegedly acting as an “unregistered agent” for Iraq. Since her arrest in early 2004, she has repeatedly asked for a trial to present evidence that she had been a United States intelligence asset since the early 1990’s.

By filing this order, the government surrendered forever its ability to prosecute Lindauer as an “Iraqi foreign agent” and for lesser charges contained in the indictment, including a one week trip to Baghdad in March, 2002.

Lindauer made the following statement today, Jan 16, 2009: “I am disgusted by this case. They think that they have defeated me by denying my day in court. It could not be more wrong. If we can’t have a criminal trial, we’re going to have a civil trial for damages.”

Lindauer was arrested in March, 2004 shortly after offering to testify before a Bush appointed blue ribbon commission evaluating U.S. pre-war intelligence on Iraq. In late February, she informed the offices of two commission members, Sen. McCain (R-AZ) and Trent Lott (R-MS), that she could testify that U.S. pre-war intelligence was proactive and… Continue reading

Whistleblower: NSA spied on everyone, targeted journalists

David Edwards and Muriel Kane
Published: Wednesday January 21, 2009
RawStory.com

Russell Tice talks with Keith Olbermann on Countdown, January 21, 2009

Former National Security Agency analyst Russell Tice, who helped expose the NSA’s warrantless wiretapping in December 2005, has now come forward with even more startling allegations. Tice told MSNBC’s Keith Olbermann on Wednesday that the programs that spied on Americans were not only much broader than previously acknowledged but specifically targeted journalists.

“The National Security Agency had access to all Americans’ communications — faxes, phone calls, and their computer communications,” Tice claimed. “It didn’t matter whether you were in Kansas, in the middle of the country, and you never made foreign communications at all. They monitored all communications.”

Tice further explained that “even for the NSA it’s impossible to literally collect all communications. … What was done was sort of an ability to look at the metadata … and ferret that information to determine what communications would ultimately be collected.”

According to Tice, in addition to this “low-tech, dragnet” approach, the NSA also had the ability to hone in on specific groups, and that was the aspect he himself was involved with. However, even within the NSA there was a cover story meant to prevent people like Tice from realizing what they were doing.

“In one of the operations that I was in, we looked at organizations, just supposedly so that we would not target them,” Tice told Olbermann. “What I was finding out, though, is that… Continue reading

PBS: NSA could have prevented 9/11 hijackings

Muriel Kane

RawStory.com

The super-secretive National Security Agency has been quietly monitoring, decrypting, and interpreting foreign communications for decades, starting long before it came under criticism as a result of recent revelations about the Bush administration’s warrantless wiretapping program. Now a forthcoming PBS documentary asks whether the NSA could have prevented 9/11 if it had been more willing to share its data with other agencies.

Author James Bamford looked into the performance of the NSA in his 2008 book, The Shadow Factory, and found that it had been closely monitoring the 9/11 hijackers as they moved freely around the United States and communicated with Osama bin Laden’s operations center in Yemen. The NSA had even tapped bin Laden’s satellite phone, starting in 1996.

“The NSA never alerted any other agency that the terrorists were in the United States and moving across the country towards Washington,” Bamford told PBS.

PBS also found that “the 9/11 Commission never looked closely into NSA’s role in the broad intelligence breakdown behind the World Trade Center and Pentagon attacks. If they had, they would have understood the full extent to which the agency had major pieces of the puzzle but never put them together or disclosed their entire body of knowledge to the CIA and the FBI.”

In a review of Bamford’s book, former senator and 9/11 Commission member Bob Kerrey wrote, “As the 9/11 Commission later established, U.S. intelligence officials knew that al-Qaeda had held a planning meeting in Malaysia, found out the names of two recruits who had been present — Khalid al-Mihdhar and Nawaf al-Hazmi — and suspected that one and maybe both of them had flown to Los Angeles.…

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Former Accused Iraqi Agent Susan Lindauer, Secret Charges and The Patriot Act in Action

by Michael Collins

‘Voice or no voice, the people can always be brought to the bidding of the leaders. That is easy. All you have to do is to tell them they are being attacked, and denounce the pacifists for lack of patriotism and exposing the country to danger. It works the same in any country.” — Herman Goering, Interview at Nuremburg Trials, April 14, 1946

“The Patriot Act was used against me in total contradiction to its stated purpose. Or perhaps it was the most logical use of the law, since it establishes a legal framework to crush free thinking and interrupt individual questioning of the government. It is the beginning of all dictatorship in America .” –Susan Lindauer, March 9, 2009

March 10, 2009 — Washington, DC ( electionfraudnews.com ) — In March, 2004 Susan Lindauer was arrested for allegedly acting as an “unregistered agent” for prewar Iraq.  She challenged the government’s assertion and sought the right to prove at Trial that she’d been a United States intelligence asset covering Iraq and Libya from the early 1990’s through 2003 (see articles).

In an unprecedented judicial ploy that lasted five years, federal prosecutors blocked Ms. Lindauer’s rights to trial or any other sort of evidentiary hearings that would test her story. For 11 months, she was confined at Carswell federal prison on a Texas military base and at the Metropolitan Correctional Center in Manhattan, without a conviction or plea bargain.

During the indictment, she was conveniently gagged from sharing… Continue reading

Judge defends pretrial secrecy of 9/11 documents

By LARRY NEUMEISTER
Associated Press

NEW YORK (AP) — NEW YORK — A judge said Wednesday he favors keeping Sept. 11-related documents and interviews secret until the trials for several families of victims suing the airline industry, an opinion that upset several victims’ family members.

Donald Migliori, a lawyer for families of three people who died on hijacked planes in the 2001 attacks, asked U.S. District Judge Alvin Hellerstein to make nearly a million pages of evidence and 200 depositions public, saying there was no reason for secrecy.

Hellerstein did not rule, but he said he favored not publically disclosing evidence that had been gathered and shared with lawyers for the victims under a confidentiality agreement until a trial occurs. No trial has yet been scheduled.

He said the confidentiality agreement speeded a pretrial process that enabled more than 90 families of victims of the Sept. 11 attacks to settle their cases. Only three families have not settled.

Michael Rowe Feagley, a lawyer for the aviation defendants, said it would not be fair to make all of the pretrial evidence public now, especially since defendants had turned over so much with the understanding that it would remain confidential before trial. He said it would take “extraordinary circumstances and an extreme need for it” to force its public release.

Mike Low, the father of a flight attendant who died on one of the hijacked planes, said afterwards that he was disappointed but not surprised by Hellerstein’s position.

Low sued in spring 2003 on behalf of his daughter, Sara Low, 28, a Boston-based flight attendant who died when American Airlines Flight 11 struck the World Trade Center.…

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Cowardice in the Time of Torture

By Ray McGovern
April 5, 2009
ConsortiumNews.com

I used to take a certain pride by association with prominent Bronxites who have “made it.” Cancel that for Attorney General Eric Holder and former Secretary of State Colin Powell.

You might think that as African-Americans, they would be especially outraged by torture, given what blacks have suffered at the hands of white torturers in this country and abroad.

Why is it that they seem to value more their admittance into a privileged white-dominated ruling class than doing the right thing? How else to explain their stunning reluctance to hold torturers accountable and thus remove the stain of torture from our nation’s soul and reputation?

One might say that Attorney General Holder is proving himself to be part of that “nation of cowards” that he called the United States in a different context, i.e. our unwillingness to address the issue of race. What about when the victims of torture are Muslims? Where’s Holder’s courage then?

Surely, I was not the only one stunned by former Vice President Dick Cheney’s public admission that he helped authorize waterboarding of detainees. But, on reflection, there seems to have been a method to his madness; and, so far at least, the method seems to be working.

Have Holder and Colin Powell forgotten from their days growing up in the Bronx the typical reaction of bullies when caught in the act? “Okay, so waddaya gonna do ’bout it!” It was an attempt at intimidation, and it was generally… Continue reading

Resist or Become Serfs

April 6, 2009
By Chris Hedges
Truthdig.com and International Clearinghouse

America is devolving into a third-world nation. And if we do not immediately halt our elite’s rapacious looting of the public treasury we will be left with trillions in debts, which can never be repaid, and widespread human misery which we will be helpless to ameliorate. Our anemic democracy will be replaced with a robust national police state. The elite will withdraw into heavily guarded gated communities where they will have access to security, goods and services that cannot be afforded by the rest of us. Tens of millions of people, brutally controlled, will live in perpetual poverty. This is the inevitable result of unchecked corporate capitalism. The stimulus and bailout plans are not about saving us. They are about saving them. We can resist, which means street protests, disruptions of the system and demonstrations, or become serfs.

We have been in a steady economic decline for decades. The Canadian political philosopher John Ralston Saul detailed this decline in his 1992 book “Voltaire’s Bastards: The Dictatorship of Reason in the West.” David Cay Johnston exposed the mirage and rot of American capitalism in “Free Lunch: How the Wealthiest Americans Enrich Themselves at Government Expense (and Stick You With the Bill),” and David C. Korten, in “When Corporations Rule the World” and “Agenda for a New Economy,” laid out corporate malfeasance and abuse. But our universities and mass media, entranced by power and naively believing that global capitalism was an… Continue reading

Jane Harman: Angry, partisan, civil liberties extremist

April 21, 2009
by Glenn Greenwald
Salon.com

Blue Dog Rep. Jane Harman — once the most vigorous Democratic cheerleader of Bush’s NSA warrantless eavesdropping program — is rip-roarin’ angry today. Apparently, her private conversations were eavesdropped on by the U.S. Government! This is a grave outrage that, as she told Andrea Mitchell just moments ago, demands a probing investigation:

That’s what I asked Attorney General Holder to do — to release any tapes, I don’t know whether they were legally made or not, of my conservations about this matter . . . and to hope that he will investigate whether other members of Congress or other innocent Americans might have been subject to this same treatment. I call it an abuse of power in the letter I wrote him this morning.

. . .

I’m just very disappointed that my country — I’m an American citizen just like you are — could have  permitted what I think is a gross abuse of power in recent years. I’m one member of Congress who may be caught up in it, and I have a bully pulpit and I can fight back. I’m thinking about others who have no bully pulpit, who may not be aware, as I was not, that someone is listening in on their conversations, and they’re innocent Americans.

So if I understand this correctly — and I’m pretty sure I do — when the U.S. Government eavesdropped for years on American citizens with no warrants and in violation of… Continue reading

Torture, War and the Imperial Project: The Fatal Thread

April 22, 2009
By Chris Floyd
Counterpunch.org

With the release of the U.S. Senate’s report on the Bush Administration torture program, it is now incontrovertibly clear — and officially established by the highest, most respectable Establishment institutions — that George W. Bush, Dick Cheney, Donald Rumsfeld and a host of other top officials deliberately, willingly, and with malice aforethought, established a system of interrogation using brutal techniques that they knew were against the law. Hence the need for the torture memos that attempted to give retroactive legal cover for atrocities that were already taking place at the orders of the White House and the Pentagon. They were also told repeatedly that these tortures were ineffective at producing useful intelligence.

What’s more, it is now undeniable that they began this program long before they had captured even one “high-profile al Qaeda detainee,” and that they were using these heinous techniques not in a desperate bid to save the nation from further attacks — which has long been their preening, self-serving claim — but instead to produce spurious data about the non-existent link between Iraq and al Qaeda. In other words, George Bush, Dick Cheney and Donald Rumsfeld ordered their minions to beat and torment captives in order to get them to say something a — anything — that could then be used to “justify” a war of aggression that these grand statesmen had been planning long before the September 11 attacks.

You cannot disentangle the torture program from the war… Continue reading

Exclusive: How MI5 blackmails British Muslims

‘Work for us or we will say you are a terrorist’
By Robert Verkaik, Law Editor
21 May 2009
independent.co.uk

Five Muslim community workers have accused MI5 of waging a campaign of blackmail and harassment in an attempt to recruit them as informants.

The men claim they were given a choice of working for the Security Service or face detention and harassment in the UK and overseas.

They have made official complaints to the police, to the body which oversees the work of the Security Service and to their local MP Frank Dobson. Now they have decided to speak publicly about their experiences in the hope that publicity will stop similar tactics being used in the future.

Continued at source

WeAreChangeLA confronts 9/11 criminal ‘General’ Richard Myers

Submitted to 911blogger.com by Shumonik

On May 20, 2009, General Richard Myers was at the Nixon Library in Yorba Linda, California to give a talk and a book signing. Bruno Bruhwiler and Jeremy Rothe-Kushel of WeAreChangeLA were there to call into question the ‘General’s’ credibility when it came to talking about 9/11 and threats to the nation.

 

Editor’s Note:
Can we hope that one day Americans will honor courageous individuals who confront their own fear to stand up and question “authorities” to demand truth and accountability? As a nation, we remember Thomas Jefferson and George Washington with great honor, yet had they not likewise stood up to reject tyrannical “authority” we would not have America at all. Unfortunately, in 2009, rather than honor present day courage, nationalist fever leads otherwise good people to vehemently shout down honest questioning and dissent, then put us in a choke hold while they drag us away. Shame on you, America, who chooses to be deceived, to pay money to listen to criminals reinforce your nationalist pride while soldiers and children die because of your lack of courage. Shame…

 

Watch the following 3 videos, created by Paul Wittenberger, to see what happened.

Part 1 of 3:

Part 2 of 3:

Part 3 of 3:

 

See also:

WeAreChangeLA questions CFR President and Bush/Obama man Richard Haas on “Wars of Agenda,” Building 7 and the CFR’s ‘big ideas’ CFR

Submitted to 911blogger.com by Shumonik on June 8, 2009

On May 18, 2009, Richard Haas… Continue reading

E-Mail Surveillance Renews Concerns in Congress

By James Risen and Eric Lichtblau

June 16, 2009
New York Times

WASHINGTON — The National Security Agency is facing renewed scrutiny over the extent of its domestic surveillance program, with critics in Congress saying its recent intercepts of the private telephone calls and e-mail messages of Americans are broader than previously acknowledged, current and former officials said.

The agency’s monitoring of domestic e-mail messages, in particular, has posed longstanding legal and logistical difficulties, the officials said.

Since April, when it was disclosed that the intercepts of some private communications of Americans went beyond legal limits in late 2008 and early 2009, several Congressional committees have been investigating. Those inquiries have led to concerns in Congress about the agency’s ability to collect and read domestic e-mail messages of Americans on a widespread basis, officials said. Supporting that conclusion is the account of a former N.S.A. analyst who, in a series of interviews, described being trained in 2005 for a program in which the agency routinely examined large volumes of Americans’ e-mail messages without court warrants. Two intelligence officials confirmed that the program was still in operation.

Both the former analyst’s account and the rising concern among some members of Congress about the N.S.A.’s recent operation are raising fresh questions about the spy agency.

Representative Rush Holt, Democrat of New Jersey and chairman of the House Select Intelligence Oversight Panel, has been investigating the incidents and said he had become increasingly troubled by the agency’s handling of domestic communications.

In an… Continue reading

The Origins of the CIA

by Kevin Fenton
July 15, 2009
History Commons Groups
Complete 911 Timeline

The CIA assassination programme that was recently in the media was actually first partially revealed by the Washington Post in 2005, when details enabling his originator to be identified were published. The programme made news in the last few days as CIA Director Leon Panetta admitted that the agency withheld information about it from Congress, although the CIA never actually used it to assassinate anybody. Nevertheless, the programme’s “duties” seem to have been taken over by something journalist Seymour Hersh called an “executive assassination wing” that was run out of the Office of Vice President Dick Cheney, and this grouping did go on missions and kill people.

The programme was first mentioned in Dana Priest’s groundbreaking article that highlighted the existence of the CIA’s network of black sites, CIA Holds Terror Subjects in Secret Prisons, which was published in November 2005. Priest wrote of the programme:

The CTC’s chief of operations argued for creating hit teams of case officers and CIA paramilitaries that would covertly infiltrate countries in the Middle East, Africa and even Europe to assassinate people on the list, one by one.

But many CIA officers believed that the al-Qaeda leaders would be worth keeping alive to interrogate about their network and other plots. Some officers worried that the CIA would not be very adept at assassination.

“We’d probably shoot ourselves,” another former senior CIA official said.

This section of the article was ignored… Continue reading

Court Says 9/11 Witnesses Can Sue Ashcroft

Former Student Filed Lawsuit Claiming Civil Rights Were Violated

KIROTV.com

A federal appeals court has ruled that former Attorney General John Ashcroft may be held liable for people who were wrongfully detained as material witnesses after the Sept. 11 terrorist attacks.

In a harshly worded ruling handed down Friday, a three-judge panel of the 9th U.S. Circuit Court of Appeals called the government’s use of material witnesses after Sept. 11 “repugnant to the Constitution and a painful reminder of some of the most ignominious chapters of our national history.”

The court found that a man who was detained as a witness in a federal terrorism case can sue Ashcroft for allegedly violating his constitutional rights. Abdullah Al-Kidd, a U.S. citizen and former University of Idaho student, filed the lawsuit in 2005, claiming his civil rights were violated when he was detained as a material witness for two weeks after 9/11.

“Sadly, however, even now, more than 217 years after the ratification of the Fourth Amendment to the Constitution, some confidently assert that the government has the power to arrest and detain or restrict American citizens for months on end, in sometimes primitive conditions, not because there is evidence that they have committed a crime, but merely because the government wishes to investigate them for possible wrongdoing, or to prevent them from having contact with others in the outside world,” Judge Milan D. Smith Jr., for the majority. “We find this to be repugnant to the Constitution and a painful… Continue reading

The Higher Education Fiscal Crisis Protects the Wealthy

By Peter Phillips
November 22, 2009

Police are arresting and attacking student protesters on University of California (UC) campuses again. “Why did he beat me I wasn’t doing anything,” screamed a young Cal Berkeley women student over KPFA radio on Friday evening November 20. Students are protesting the 32% increase in tuition imposed by the UC regents in a time of severe state deficits. The Board of Regents claims that they have no choice. Students will now have to pay over $10,000 in tuition annually for a public university education that was free only a few decades ago.

The corporate media spins the tuition protests as if we are all suffering during the recession. For example, the San Diego Union Tribune November 20 writes, “These students need a course in Reality 101. And the reality is that there is virtually no segment of American society that is not straining with the economic recession. With UC facing a $535 million budget gap due to state cuts, the regents have to confront reality and make tough choices. So should students.”

Yet, the reality is something quite different. Our current budget crisis in California and the rest of the country has been artificially created by cutting taxes on the wealthiest people and corporations. The corporate elites in the US, the top 1% who own close to half the wealth, are the beneficiaries of massive tax cuts over the past few decades. While at the same time working people are paying more through increased sales and use taxes and higher public college tuition.…

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Yahoo, Verizon: Our Spy Capabilities Would ‘Shock’, ‘Confuse’ Consumers

By Kim Zetter
December 1, 2009
Wired.com

Want to know how much phone companies and internet service providers charge to funnel your private communications or records to U.S. law enforcement and spy agencies?

That’s the question muckraker and Indiana University graduate student Christopher Soghoian asked all agencies within the Department of Justice, under a Freedom of Information Act (FOIA) request filed a few months ago. But before the agencies could provide the data, Verizon and Yahoo intervened and filed an objection on grounds that, among other things, they would be ridiculed and publicly shamed were their surveillance price sheets made public.

Yahoo writes in its 12-page objection letter (.pdf), that if its pricing information were disclosed to Soghoian, he would use it “to ‘shame’ Yahoo! and other companies — and to ‘shock’ their customers.”

“Therefore, release of Yahoo!’s information is reasonably likely to lead to impairment of its reputation for protection of user privacy and security, which is a competitive disadvantage for technology companies,” the company writes.

Verizon took a different stance. It objected to the release (.pdf) of its Law Enforcement Legal Compliance Guide because it might “confuse” customers and lead them to think that records and surveillance capabilities available only to law enforcement would be available to them as well — resulting in a flood of customer calls to the company asking for trap and trace orders.

“Customers may see a listing of records, information or assistance that is available only to law enforcement,” Verizon writes in its… Continue reading

Breaking Through a Wall of Police Protection for International Crime

The Trial of Splitting the Sky as a Trial of the Cheney-Bush-Rumsfeld Cabal of War Profiteers

by Anthony J. Hall,
Professor of Globalization Studies, University of Lethbridge, Alberta, Canada
December 3rd, 2009
printable version (pdf)

Who and what is on trial ?

Photo of Splitting the Sky attempting to break through police lines When Splitting the Sky broke through police lines in his attempt to conduct a citizen’s arrest of former US President, George W. Bush, the Mohawk Freedom Fighter pierced a thick wall of tyranny. He broke through a tight phalanx of state protection for the perpetrators of War Crimes, Crimes Against Humanity, and Crimes Against the Peace.

With his courageous act, Splitting the Sky announced the unwillingness of millions of global citizens to tolerate any longer the culture of impunity that places a small, interlinked global plutocracy above the law. By breaking police lines, the Attica Brother and American Indian Movement activist scouted a route of liberation for those of us seeking to get out from under the weight of complicity in International Crime committed in our name. We are all deeply implicated in the state terror permeating the 9/11wars because it is our tax dollars that fund these imperial assaults.

Splitting the Sky’s action in Calgary highlights the abject failure of law enforcement agencies to do their job. It highlights the unwillingness of police and those who direct them to apply the law equitably and independently.

When he broke through police lines last march, Splitting the Sky built on the message of Muntadarar al-Zaidi, the Baghdad journalist who… Continue reading

One Day We’ll All be Terrorists

by Chris Hedges
Truthdig.com

Syed Fahad Hashmi can tell you about the dark heart of America. He knows that our First Amendment rights have become a joke, that habeas corpus no longer exists and that we torture, not only in black sites such as those at Bagram Air Base in Afghanistan or at Guantánamo Bay, but also at the federal Metropolitan Correctional Center (MCC) in Lower Manhattan. Hashmi is a U.S. citizen of Muslim descent imprisoned on two counts of providing and conspiring to provide material support and two counts of making and conspiring to make a contribution of goods or services to al-Qaida. As his case prepares for trial, his plight illustrates that the gravest threat we face is not from Islamic extremists, but the codification of draconian procedures that deny Americans basic civil liberties and due process. Hashmi would be a better person to tell you this, but he is not allowed to speak.

This corruption of our legal system, if history is any guide, will not be reserved by the state for suspected terrorists, or even Muslim Americans. In the coming turmoil and economic collapse, it will be used to silence all who are branded as disruptive or subversive. Hashmi endures what many others, who are not Muslim, will endure later. Radical activists in the environmental, globalization, anti-nuclear, sustainable agriculture and anarchist movements–who are already being placed by the state in special detention facilities with Muslims charged with terrorism–have discovered that his fate is their fate. Courageous… Continue reading