Friday, May 08, 2015

Why Federal Appeals Court Declared NSA Phone Records Collection Unlawful

The blowback begins; time for the lawsuits, prosecutions of NSA Nazi scum - Twitter will also be on the hook for allowing NSA spying   

By Warren Richey

The US government’s program to collect virtually all telephone metadata generated in the United States is illegal and beyond any terms of congressional authorization, a federal appeals court panel ruled on Thursday.

In a unanimous decision, a three-judge panel of the New York-based Second Circuit Court of Appeals rejected the Obama administration’s argument that Congress had granted it broad authority to collect and store a wide range of information from telecommunications companies.

At issue was the scope of Section 215 of the Patriot Act and whether it authorized the government to vacuum up an apparently unlimited amount of telephone information to be stored in a massive database for potential use later by investigators.

The court did not reach the broader constitutional question of whether the program violated the Fourth Amendment privacy rights of Americans. The judges noted that Congress is debating a new version of Section 215, which is set to expire on June 1.

Twitter will be exposed to lawsuits as their collaboration
with the NSA is revealed
As such, lawmakers could render the litigation moot if they address the court’s concerns. Or, if the law is reauthorized in its current form, that would set the stage for the courts to address the constitutional issues. The appeals court decision stems from a lawsuit filed by the American Civil Liberties Union asking a judge to declare the National Security Agency collection effort to be illegal and unconstitutional. 

The federal judge had upheld the program.

In reversing that decision, the appeals court sent the case back to the federal judge to consider whether an injunction should be issued blocking the metadata program.

“The interpretation that the government asks us to adopt defies any limiting principle,” Circuit Judge Gerard Lynch wrote in a 97-page opinion.

Clapper and Alexander now need to be prosecuted
“If the government is correct, it could use [Section 215] to collect and store in bulk any other existing metadata available anywhere in the private sector, including metadata associated with financial records, medical records, and electronic communications (including e-mail and social media information) relating to all Americans,” Judge Lynch wrote.

“Such expansive development of government repositories of formerly private records would be an unprecedented contraction of the privacy expectations of all Americans,” he said.

“Perhaps such a contraction is required by national security needs,” Lynch said. “But we would expect such a momentous decision to be preceded by substantial debate [in Congress], and expressed in unmistakable language.”

Traitor Alexander has "oh shit" moment as he realises he
may go to prison for illegally spying on Americans
The case is one of three pending in the courts challenging NSA surveillance tactics. The wide scope of the once-secret NSA program was not fully known until former government contractor Edward Snowden revealed it through a series of leaks to media organisations. The Snowden revelations arose at a time when many Americans were becoming increasingly alarmed at the large amount of information that various digital databases could reveal about their private lives. 

It also arose as Americans were becoming increasingly suspicious of efforts by their own government to collect and store information about them, even though they’d done nothing wrong and were not under investigation.

The US Supreme Court has responded to broad privacy concerns by limiting the investigative use of technology when seen to bypass protections of privacy guaranteed under the Fourth Amendment.

For example, the high court has told investigators that they must obtain judicial authorization before planting a GPS monitoring device on the car of a suspected drug dealer. And the court has told police they must obtain a warrant before searching the contents of a cellphone seized during an arrest.

NSA now needs to be completely dismantled 
The metadata collection and database storage question in the Second Circuit case has not yet been considered by the Supreme Court. Lynch noted that that Congress is currently debating new versions of Section 215. He said the appeals court’s ruling was made with an eye toward Congress addressing key issues raised in the litigation. 

In its current form, Section 215 “cannot bear the weight the government asks us to assign to it,” he said.

“If Congress chooses to authorize such a far-reaching and unprecedented program, it has every opportunity to do so, and to do so unambiguously,” he said.

NSA employees involved in spy programs need to be 
charged with treason, prosecuted and imprisoned after
forfeiting all personal assets
“Until such time as it does so, however, we decline to deviate from widely accepted interpretations of well-established legal standards,” the judge said.

ACLU executive director Anthony Romero is skeptical of the debate under way in Congress to improve the statute.

“The current reform proposals from Congress look anemic in light of the serious issues raised by the Second Circuit,” Mr. Romero said in a statement. 

“Congress needs to up its reform game if it’s going to address the court’s concerns.”

Lawyers at the ACLU called the Second Circuit’s decision a landmark. “For years, the government secretly spied on millions of innocent Americans based on a shockingly broad interpretation of its authority,” ACLU staff attorney Alex Abdo said in a statement.

“The court rightly rejected the government’s theory that it may stockpile information on all of us in case that information proves useful in the future,” he said. “Mass surveillance does not make us any safer, and it is fundamentally incompatible with the privacy necessary in a free society.”

Obama should now face impeachment for illegal spying on Americans and U.S. allies

The ACLU wasn’t alone in praising the ruling. Jenny Beth Martin, co-founder of the conservative Tea Party Patriots, said her organization was “greatly encouraged” by the decision.

“The Court’s ruling should be the first step in restoring Americans’ privacy and personal liberty, and serve notice on a statist [Obama] administration bent on exercising progressively more control over its citizens’ lives,” she said.

The case is ACLU v. Clapper (14-42-cv).

This news bureau contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc.  We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.

▶ Twitter Sucks! Parady Song - Bad Language - Video Dailymotion

War Crimes In Iraq : Bush, Cheney, Rumsfeld Et Al And The Long Quest For Justice

Justice delayed still justice served; there is no statute of limitations on war crimes    

By Steven Jones

San Francisco attorney Inder Comar didn’t initially strike me as a human rights crusader working to bring accountability to arguably the most powerful political office in the world. Maybe it was the setting.

Comar works out of a small, glass-walled office in the Impact Hub, the spot that the tech industry has carved out of the San Francisco Chronicle Building, replacing the newspaper’s hollowed out core of journalists with start-up entrepreneurs seeking “synergy” and other business buzzwords, or just the next great app.

In fact, that’s most of what Comar does in his business law practice, collaborating with management consultants just down the bustling hallway to feed the current tech boom that is having such a huge impact on San Francisco, for good or ill. But the case that has propelled him onto the international stage, his pro-bono passion project, is Saleh vs. Bush, et al.

The Bush is former President George W. Bush, and the et al is Dick Cheney, Donald Rumsfeld, and the rest of that neocon cabal that told calculated lies to lead the U.S. military into its disastrous 2003 invasion of Iraq.

And Saleh is Sundus Shaker Saleh, an Iraqi artist and mother who was displaced by the war, along with her four children and an estimated 3 million other Iraqis.

Saleh is the lead plaintiff in a putative class action, and represents other Iraqis injured and displaced by the invasion.

The lawsuit — which is based on Alien Tort Claims Act of 1789, but also leans on the Nuremberg Principles that the U.S. established to try and punish Nazi leaders after World War II — argues that Bush and company’s act of military aggression makes them civilly liable for the damages that Saleh and her family suffered when they were forced to flee to Jordan as the social order broke down following the invasion.

Iraq war launched by Colin Powell's UN speech pack of lies
“She had a super middle class life and it all got destroyed,” Comar told me recently in his office.

The lawsuit was filed in March 2013 and it was dismissed by the federal district court in San Francisco in December 2014, based on the government’s claim that the President and other federal employees are immune from civil liability for the official acts, as spelled out in the Westfall Act and other assertions of sovereign immunity.

In its motion to dismiss, the government cited procedural reasons for tossing the case, sought to substitute the government for the former officials the case targeted, and wrote, “Saleh’s claims raise non-justiciable political questions that would require the Court to make determinations that are properly committed to the political branches of government.”

Yet Comar says that just because Congress and the Obama Administration haven’t had the stomach to delve back into this ill-advised march to war, a decision that is still dangerously rippling outward today, that doesn’t excuse actions that clearly violated international law and the Saleh family’s rights.

Torture at Abu Ghraib; prisoner covered with human shit

“In a functioning democratic system, the opposition party would help create that accountability, but that hasn’t happened,” Comar told me, noting the challenge that presents to the judicial branch. “That’s the biggest wall a judge will hit: ‘Who am I to do this?’”

Comar is now finishing up an appeal to the Ninth Circuit Court of Appeals (just two blocks down from his office) that he intends to file later this month, arguing that claims of immunity don’t apply to leaders who commit acts of aggression that are illegal under international law, particularly when those decisions were made under false pretenses (ie the stockpiles of weapons of mass destruction that didn’t actually exist).

“We allege in the case that it was fraud,” Comar said of Bush’s pretexts for the invasion. “This was not an error, this was a plan they had to go in regardless of the cost.”

George W. Bush: Drunken, retarded, "war president"
It was a plan put into motion after the 9/11 attacks, but that saber-rattling against Iraq by the neocon think tank Project for the New American Century began back in 1997, when those who would later lead the Bush Administration’s war effort pledged to topple Saddam Hussein by any means necessary.

Eventually, Comar would probably have to prove the case for war was fraud to win the case, which doesn’t worry him: “Legally speaking, no one has ever told me this isn’t a strong case.”

But he’s going to need to overcome the immunity issue before he ever gets to that point — a high but important bar to overcome.

That’s one reason why he’s been seeking to work with international experts, asking them to join him in establishing the body of legal work that will reinforce the ban on military aggression that was so central to the Nuremberg court’s work. “But no court has dealt with Nuremberg’s ban on aggression,” he told me.

Comar’s case does seem to have generated more interest in international circles that it has on U.S. soil, and last month he was invited to address the Kuala Lumpur Foundation to Criminalise War’s International Forum on Peace and Justice, along with former United Nations Humanitarian Coordinator for Iraq Hans von Sponeck and other luminaries.

Comar told the crowd that his appeal will rely heavily on the Numerberg Principles:

“With that as precedent, it’s quite amazing, actually, what might be possible, and a lot of where I’m coming from is as a student of Nuremberg, having learned about the Nuremberg case in law school, having studied it and read it now countless times, learning about the crime of aggression that was the chief crime prosecuted at Nuremberg.”

Bush's CIA animal Cofer Black culpable for 
illegal renditions, torture - among other crimes
He also plans to cite the case that Spanish Judge Baltasar Garz√≥n bought against former Chilean dictator Augusto Pinochet in the late 1990s, ordering Pinochet’s arrest and prosecution after rejecting Chile’s claim that its former leader enjoyed sovereign immunity for ordering the torture and killing of Spanish citizens.

“Pinochet is a very critical case because this issue is, I think, the final wall when we talk about accountability of leaders: the ability for a leader to claim some type of immunity. Right? This is what has to be, I think, destroyed in our minds and destroyed in the minds of judges once and for all."

"Why should immunity apply merely because someone was acting as a leader, if the act in question was illegal? That’s a key question,” Comar told the gathering.

Meanwhile, Comar toils away in the Impact Hub, doing work that really could change the world, not through techno-gizmos, but through reinforcing the important but forgotten stand that a previous American generation made to prevent future wars and hold the leaders who launch them accountable.

“This is first time since Nuremberg that the issue of aggression is being raised in a U.S. court,” Comar said, noting how important it is to protect the principle that military aggression violates international law. “The whole reason we wanted those rules was to prevent another World War II.”

That’s a discussion that he said we should be having as a nation. As he told me, “From a realistic point of view, our chance of success goes up dramatically if there’s a political discussion around it.” So he’s been disappointed that President Obama is defending Bush and the acts of aggression that Candidate Obama called out and criticized at the time. “When you have Obama providing cover for this stuff, it hurts.”

Obama et al will be joining the Bush criminals in the dock
at The Hague
But if the Ninth Circuit rules that domestic immunity doesn’t apply to Bush and his fellow warmongers, then the case will likely be considered on its merits in federal court. “If we get that ruling, it’s the crack in the dam that you need,” Comar told me, “and once you get it, the water comes rushing through.”

It’s admittedly a long shot, but chipping away at the walls of power to create floods of justice, that’s San Francisco values at their best.

Inder Comar is a San Francisco attorney and a Global Research Correspondent. To learn more about Comar’s case and Saleh’s story, visit

This news bureau contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc.  We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes.

WAYNE MADSEN : Nuland Faced With Major Blowback In Eastern Europe

Victoria "Fuck the EU" Nuland reserves herself a seat at upcoming Ukraine war crimes tribunal at The Hague

By Wayne Madsen

The plans carried out by Assistant Secretary of State for European/Eurasian Affairs Victoria Nuland to further push NATO to the borders of Russia by creating and sustaining a group of anti-Russian countries in what was the Soviet Union have turned into a pot of spoiled kreplach. 

Vile: Victoria "Fuck the EU" Nuland
One of the key countries involved in the plans to extend NATO eastward, Georgia, has issued an international arrest warrant for its former neo-conservative president, Mikheil Saakashvili, who was due to attend a conference in Baku, Azerbaijan bearing the George Soros-sounding title"Third Global Open Society Forum" and the theme "Restoration of Confidence in the New World Order." 

Soros's main operation in Azerbaijan is the National Foundation Open Society Institute - Assistance Foundation Azerbaijan. 

Azerbaijan has been criticized for running a one-party dictatorship under an authoritarian president. However, Azerbaijan has become an important base for anti-Iranian and anti-Russian activities by the intelligence services of Israel and the United States.

Saakashvili was in the audience as attendees, who included Azerbaijani president Ilham Aliev and Bulgarian president Rosen Plevneliev, heard congratulatory messages read from former U.S. Secretary of State Henry Kissinger, British Prime Minister David Cameron, and German Chancellor Angela Merkel. Saakashvili joined delegates from Israel, the United States, Ukraine, Poland, Albania, Canada, Croatia, Latvia, Estonia, Lithuania, Andorra, and other countries also attending the conference.

Brainiac: Mikheil Saakashvili
In order to evade justice in Georgia, Ukrainian President Petro Poroshenko has hired Saakashvili as a political adviser on confronting Russia in eastern Ukraine. 

It was Saakashvili, who, as president of Georgia, ordered his forces in 2008 to attack South Ossetia, an independent republic protected by Russian peacekeepers. 

Saakashivili was charged with a number of crimes in 2014. However, Saakashvili fled abroad and was placed on Georgia's "most-wanted" list of criminals. 

Saakashvili's rap sheet of charges include: 

  • 2006 murder of Sandro Girgvliani of the United Bank of Georgia
  • Converting $5 million in public money for personal use
  • Illegally abusing his power in using force to break up a public demonstration on November 7, 2007 
  • The police beating of ex-MP Valery Gelashvili

Saakashvili was a darling of such U.S. neo-conservatives as Senator John McCain. The Rose Revolution of 2003, which brought Saakashvili to power, was one of the first "color revolutions" successfully carried out by the allied forces of Soros and the Central Intelligence Agency (CIA).

Saakasvili with terrorist apologist/supporter John McCain

The Georgia Chief Prosecutor's Office sent a request to Azerbaijan's authorities to arrest Saakashvili as he arrived in Baku on April 28 to attend this week's Soros's Third Global Open Society Forum. Nuland and other neo-cons saw a united Ukraine and Georgia as a bulwark against Russia, however, Georgia's president, Georgy Margvelashvili, has thrown a spanner in the neo-cons' works by trying to bring Saakashvili back to Georgia to stand trial. The arrest warrant for Saakashvili has soured relations between Tbilisi and Kiev, much to the dismay of Nuland and the two anti-Russian U.S. ambassadors to Kiev and Tbilisi, Geoffrey Pyatt and Richard Norland, respectively.

Saakasvili was initially placed in power by fellow drunken retard, war criminal George W. Bush

The Ukrainian Prosecutor General has ignored several requests from Georgia to arrest and extradite Saakashvili to Georgia. These requests have been ignored and Kiev has charged the Georgian government of seeking Saakashvili's extradition on "political" grounds. Azerbaijan also ignored Georgia's request to arrest Saakashvili after what is suspected of pressure being brought on Baku by both Kiev and Washington.

Wayne Madsen

Wayne Madsen
Investigative journalist, author and syndicated columnist, Madsen has over twenty years experience in security issues. 

As a U.S. Naval Officer, he managed one of the first computer security programs for the U.S. Navy. Madsen has been a frequent political and national security commentator on Fox News and has also appeared on ABC, NBC, CBS, PBS, CNN, BBC and MS-NBC. He has been invited to testify as a witness before the US House of Representatives, the UN Criminal Tribunal for Rwanda, and an terrorism investigation panel of the French government. A member of the Society of Professional Journalists (SPJ) and the National Press Club, Madsen is based and reports from Washington, D.C.



The real truth on 9/11 slowly continues to bleed out

Technical experts are mounting major challenges to official U.S. government accounts of how three World Trade Center skyscrapers collapsed in near-freefall after the 9/11 attacks 15 years ago.

Many researchers are focusing especially on the little-known collapse of



The Geopolitics Of The United States, Part 1: The Inevitable Empire

The Empire and the inevitable fall of the Obama criminal regime

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Like nearly all of the peoples of North and South America, most Americans are not originally from the territory that became the United States.



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A look back at 2011 predictions for the future in order to put events of today into perspective

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We have already discussed in the first part of this analysis how the American geography dooms whoever controls the territory to being a global power, but there are a number of other outcomes that shape what that power will be like. The first and most critical is the impact of that geography on the American mindset.



By Robert S. Finnegan

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UPDATED 01/07/2015 : New Analysis Challenges Tamiflu Efficacy; Hong Kong Corona Virus Outbreak


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The 5th Estate has just purchased a library on H5N1 "Novel" virus pandemics, there are dozens of PDF and Exel documents we feel will assist you in saving lives following intentional releases of the H5N1 and now MERS viruses; we will begin by printing those that appear to be extremely relevant here: H5N1 Kobe-Kawaoka-Ernala series continues soon with more "Smoking Gun" e-mails from Teridah Ernala to The 5th Estate . . .



By Robert S. Finnegan

On October 12, 2002 the Indonesian island of Bali experienced a terrorist attack that rocked the world. It was unquestionably well-coordinated and executed, the largest in the country's history.