Showing posts with label FISA. Show all posts
Showing posts with label FISA. Show all posts

03 September 2015

Obama Guantanamo Lied Prevents Closure Breaks Vow To Voters Won By Deceit Obama CIA Sadistic War Crimes Against Humanity Torture Camp Still Imprisons 116 "Detainees" None Since 2001 Charged Tried Nor Convicted At Obama CIA Atrocity Stands As Anti-U.S. Global Terrorist Recruiting Billboard

     Thursday, 3 September 2015, WASHINGTON, DC - President Barack Obama the nation's first African-American president has shown no sympathy for the most oppressed and now further firmly has cemented his legacy as a duplicitous repugnant lost soul arguably among the most shameful morally and ethically bankrupt of U.S. presidents in history including for his authorization of global drone mass murders, refusing to prosecute documented U.S. Government officials and those under them for torture, nor even to make good on his campaign promises to close the CIA Guantanamo Bay torture camp to those to whom he owes his presidency who elected Obama once amid so much hope founded on his grossly false promises.
      Just his latest lie being exposed as President Obama still holds more than one hundred never charged nor tried tortured "detainees" at Guantanamo Bay thereby joining in the commission of continuing war crimes against humanity in flagrant violation of United States and international law and conventions and a grotesque affront to fundamental human rights and all standards of civilized human decency. Obama may be able in his last days as president to pardon others for atrocious human rights violations in the U.S. although never abroad but he cannot ever pardon himself for what through being an accomplice after the fact and obstruction of justice among other things effectively establishes him as a participant in all torture, murder, U.S. government kidnappings and other documented human rights crimes and abuses repugnant to the very fiber of American values perpetrated by U.S. government officials including the Bush-Cheney Administration, its CIA officials, and those acting in conspiracy with and under their authority including all those for whose illegal torture, kidnapping and illegal detention without limitation for which they are responsible.
     Obama's empty promised "change" has in fact largely been anything but by continuing and expanding many unconstitutional, illegal and reprehensible Bush-Cheney Administration executive branch activities and making permanent the most blatantly unconstitutional of their so-called morally bankrupt "legal interpretations" and bogus trash statutes. Lying hypocrite Obama has failed to prosecute any among the worst of those responsible for and having committed acts of torture as documented in extensive detail easily justifying prosecution by the U.S. Justice Department  which Obama has blocked including by the United States Senate Torture Report of December 2014. These are crimes against humanity similar to those prosecuted at Nuremberg and the President of the United States nearly exclusively responsible for their perpetration lacks all moral authority to seek to block their prosecution. Is Obama afraid the CIA will assassinate him for bringing their sick demented persons to justice allowing the CIA mistakenly assuming the authority of a non-existent fourth branch of government as this CIA most likely did JFK as well as untold numbers of often democratically elected foreign leaders. Does Obama cower at the thought of the ire of "Pigheart" Dick "Criminal Notorious" Cheney clearly bargained his soul with the devil for some fast bucks.
     The Obama Administration's actions moreover have confirmed Obama and his executive agencies as consistently inept ready liars of expedience as he has shown himself time and again a worthless tool of demented executive branch committed self-aggrandizing psycho-sociopaths run totally amok hiding behind false claims of "national security" in order to invade every corner of the private lives of the People of the United States growing a malignant police domestic spying state like a cancer with as bloated an ever-expanding budget as possible funding their demonstrably worthless further grave affronts on the most fundamental of the People's rights without any regard for the constraints on the State of the United States Constitution which although sworn to uphold they clearly hold in as much contempt as the People of this great nation from whom their only remaining legitimate power to the extent there is any left either survives or must be extinguished by their own actions.
     Hypocrite liar Obama rumored a once constitutional law professor at some allegedly accredited institution whatever he once falsely might have espoused has proven himself a protector of the most sickening of Bush-Cheney Administration torture officials including Obama apparent new pal the ill-disguised devil himself "Pigheart" Dick "Criminal Notorious" Cheney, CIA officials guilty of torture crimes against humanity and attempts at cover-up down the line, and without limitation the front line human rights violators deranged CIA "hands-on" torturers whopri never accomplished anything of value to the "national security" but rather gravely damaged it by destroying the moral authority of the United States the world over and providing rich fodder for further global terrorist recruiting.  Obama has done nothing even while these criminals who so far walk free (so long as they remain in U.S. jurisdiction) clearly must be subjected to prosecution under domestic and international law as well as war crimes conventions as the rest of the world awaits the opportunity to bring them to justice in the International Criminal Court or wherever jurisdiction lies.
     Hypocrite liar Obama further has proven himself a blatantly inequitable persecutor of whistleblowers as documented in previous posts here on a scale never before seen in this country. And most recently he has proven himself a champion of the continuation and expansion of reprehensibly unconstitutional domestic surveillance and privacy invasions of the American people not to mention the murder of U.S. and world citizens misusing at every opportunity the mechanism of the FISA monkey judge rubber stamp courts with rote unfounded claims of "national security" to subvert any legitimate actual real federal court ruling contrary to his unconscionable, unconstitutional and illegal agenda.
     There is no excuse for hypocrite liar Obama who has proven himself worthy only of the legacy of the worst kind of President who knew better but consistently proved himself nothing but an enemy of the Constitution he has sworn to uphold. Thanks though for letting a few handfuls of the many harmless out of a nightmarish prison system largely privately run for profit after having promised his electorate reform of the entire penal system which of course never happened and where hypocrite liar Obama admits he himself should be incarcerated had he been caught in his prior incarnation dealing drugs on his journey to becoming a United States Senator and President.
     A bold move opening a few cell doors of old dying and non-violent drug Barack while maintaining and expanding the entirely tragically misdirected priorities of United States bloated ruinous law enforcement monstrosity and the nation's disastrously corrupted criminal justice system where the innocent are stripped of their rights by police and prosecutors unilaterally deciding individuals' fates while the police routinely perjure themselves on the stand even as they officially are trained to seize private citizens' most liquid possessions and money for their own profit and use with no recourse for their victims but at best the Kafkaesque biased whims of a prosecutor "judge" despite the fact that many never even are tried nor convicted of any crime.
     As a president reportedly preoccupied with the "legacy" he will leave the Ninth Amendment editorial board belatedly with significant reluctance concludes that President Barack Obama's continuing and escalating major executive agency encroachments, as well as continuing and expanding constitutional and human rights violations as the leader of the United States and the free world will in due time define him as a disingenuous leader who in fact largely maintained and further followed the dire course already set out under duress and deception by the criminal Bush-Cheney Administration despite being elected on a platform of "change".
     Obama's Administration must be seen as one of minor accomplishments when they are held in comparison to his administration's continuation and expansion of severely damaging actions to the long-term security of the existence of United States within the world community by its continuing and expanding vast and illegal overreaching abroad while at home largely by his administration's perilous affronts against the inalienable rights of the People further undermining of the essential foundation of its own legitimacy through its relentless attacks against the United States Constitution. Readers interested in further information about the above can go to either or both of the two links below to BBC World News and/or the New York Times.

http://www.nytimes.com/reuters/2015/08/31/us/politics/31reuters-usa-guantanamo-obama.html?_r=0

http://www.bbc.com/news/world-us-canada-34109685

Copyright 2015 Martin P. All World Rights Reserved

03 July 2015

GCHQ Amnesty International Spying Outrage As British Investigatory Powers Tribunal Court Admits Prior GCHQ Spooks "No Spying" Determination A Lie

     Friday, 3 July 2015, LONDON - Amnesty International the globally recognized human rights organization has called for an independent inquiry after the "outrageous" revelation on Thursday that Amnesty International was lied to by the Investigatory Powers Tribunal (IPT) monkey court in a ruling last month that the already wildly out-of-control British Government Communications Headquarters (GCHQ) mass surveillance conducted (lin conjunction with and/or sharing data with the N.S.A.) seemingly no longer with any apparent relationship to any legitimate national security concerns whatsoever but without any meaningful consideration invading the most intimate privacy without limitation of any foreign or domestic friend or foe maybe even itself and having extended GCHQ spying in addition to other lesser known human rights groups also now admitted further to include spying on Amnesty International despite previous denials including an impossibly improbable claimed "determination error" even by those ostensibly "overseeing" the GCHQ  spy agency.
     The GCHQ was described by whistleblower Edward Snowden in the movie "CitizenFour" as even more invasive than the N.S.A. which presumably would be out of all proportion to its unbridled violation of civil rights which it only could marginalize by capitalizing on people's fear of terrorism disrupting the measured governance of a free society. (Incidentally the exact aim of "terrorists".) IPT President Sir Michael Burton said the IPT "wished to apolgise for and correct an error in its Determination of 22 June 2015" in which the GCHQ oversight Monkey Court incredibly after 18 months of litigation apparently was unable to determine that the GCHQ was spying on Amnesty International although the IPT did figure out (wrongly) that the GCHQ was not following proper internal procedures in spying on another human rights Egyptian organization which the GCHQ in fact never had been spying on at all.
     To add insult to injury the Amnesty International secretary general Shalil Shetty in a statement of outrage which interested readers can read in some length by going to the first BBC link below emphasized that, "If they hadn't stored our communications for longer than they were allowed to, we would never even have known. What's worse, this would have been considered perfectly lawful."
     Mr. Shetty's outrage further was ignited by the fact that the UK (and likely partner N.S.A.) government mass surveillance jeopardized the very work of Amnesty International and other human rights groups by compromising their "confidential communications" with "human rights defenders and victims of abuse" which they now could "credibly believe" after these revelations of GCHQ spying "was likely to end up in the hands of governments" presumbly interfering with and/or negating critical humanitarian efforts of Amnesty International. Mr. Shetty's full reported statement of outrage linked to below as mentioned above concluded that "[t]he revelation that the UK government has been spying on Amnesty International highlights the gross inadequacies of the UK's surveillance legislation."
     It would seem so given that extraordinarily invasive powers apparently bestowed by the UK government on the outrageous spying activities of the GCHQ likely conspiring with its twin partner in crime the unconstitutional illegally operating N.S,A, for purposes intended to be focused on fighting terrorism instead being diverted instead or also to human rights organizations unbelievably including Amnesty International long recognized as one of the if not the most important and effective private organization working to protect human rights worldwide.
     As if to highlight the ignorance of the UK government regarding the misdirected uncontrolled mass surveillance predator it is allowing the GCHQ to become and the UK government's apparent ignorance of the either total intentional ineptitude and/or criminally willful ignorance of the IPT Monkey Court which apparently serves some essentially non-existent oversight role serving only to prolong the gross abuses of the GCHQ the UK government at the time of the original untruthful "Determination" of the IPT Monkey Court exalted it as the "IPTs confirmation that the interception by GCHQ in these cases was undertaken lawfully and proportionately."
     The horrendous cost in resources that are desperately needed for actual national security and the protection of human rights of this eighteen month matter are astounding considering that it would seem apparent to any rational person that the action originally brought in this matter by the American Civil Liberties Union on behalf of Amnesty International if truthfully addressed with integrity could have been avoided altogether or resolved with the pertinent simple questions swiftly answered with a few communications among the responsible parties. However readers apparently must keep in mind the necessity of absolute secrecy in the "decision-making" of the IPT Monkey Court which apparently can span lengthy periods of time gathering the "facts" especially when for example as in this case there were two. In fact the IPT seems much like it may be the impaired cousin of the "FISA" Monkey Courts in the U.S. which is saying very little indeed.
     Those readers interested in an earlier most significant IPT Monkey Court decision predicate to the present one originally made in error can go to the second BBC link below to the "Determination" reported 5 December 2014 that the GCHQ's "Tempora" huge mass surveillance program unsurprisingly did not violate human rights reportedly encouraging the GCHQ as a glorious "emphatic victory". Alas with no degree of contortion can the present "Determination" be characterized no matter how small the Amnesty International victory may be for the moment although urged by its resounding cries of outrage clearly much needed revisions to surveillance litigation by the UK government and serious enforceable overhaul to the GCHQ's oversight are put in place to reign in an agency and program apparently badly off course.

http://www.bbc.com/news/uk-33370406

http://www.bbc.com/news/uk-30345801

Copyright 2015 Martin P. All World Rights Expressly Reserved

09 May 2015

MAY 27 UPDATE: Patriot Act Illegal NSA Section 215 Bulk Collection Of Phone Records N.Y. Federal Appeals Court Rules Has No Legitimate Legal Authority

     Saturday, 9 May 2015, NEW YORK, NY - In an extraordinary vindication for National Security Agency (N.S.A.) whistle-blower Edward J. Snowden massive secret dragnet U.S. government mass surveillance and metadata storage privacy invasions perpetrated by the N.S.A. revealed to the public in 2013 by documents that Mr. Snowden provided to the press have been found to be illegal since their 2001 inception by a momentous decision of the United States Court of Appeals for the Second Circuit in New York. The Court ruled Thursday that the N.S.A. dragnet bulk collection of telephone records is illegal and cannot be justified under any reading no matter how tortured, contorted and convoluted of the widely despised Section 215 of the so-called "Patriot Act". The Court issued this decision without regard for repeated rulings since 2006 by the totally bogus unconstitutional Foreign Intelligence Surveillance Act (FISA) secret federal court hack monkey judges repeatedly rubber-stamping the illegal N.S.A. activities on the alleged authority of the Patriot Act the government hoping to give the illegal and unconstitutional N.S.A. abuses of the People some stink of legitimacy so as to keep all involved out of prison. In response to thousands of lawsuits brought following the Snowden revelations lower authentic real federal district courts have been split issuing contradictory decisions on the authority granted or not granted the N.S.A. by the Patriot Act Section 215.
     The dragnet bulk collection of Americans' telephone records first was undertaken illegally by the not-really-elected Bush-Cheney Administration in October 2001 as part of a larger group of Orwellian programs of indiscriminate dragnet mass surveillance and data collection the month after the horrific 11 September 2001 U.S. attacks without regard for the acknowledged lack of any statutory nor any other legal authority making it clearly illegal to perpetrate such an "unprecedented" power grab against the People's privacy in this country's past two hundred and fifty years. The Bush-Cheney administration unconstitutionally illegally expanded enormously the State's secret invasion of all Americans' privacy rights allegedly in order to hunt for hidden terrorist cells none of which have ever been found in the U.S. by the N.S.A. but also at the same time throwing into the Patriot Act a foul bubbling Macbethian cauldron of other draconian executive branch "wish list" police state powers having nothing at all to with terrorism which already repeatedly had been rejected by Congress in more more measured thoughtful times for example when not unbearably pressured by howling "national security" White House generated hysteria to pass a several hundred page stack of Bush-Cheney administration garbage legislation ink still wet on the page without reading it delivered at dawn all amid a backdrop of fears Congress at any moment might come under an anthrax attack therefore desperate to escape the Capitol building as soon as possible.
     Such a failed strategy consuming enormous amounts of money on the virtually useless outrageously expensive acquisition and operation of enormous amounts of technological equipment should long ago have been replaced largely by security efforts implemented with all immediate haste with a redirection of funding to appropriate domestic law enforcement authorities adapting to evolving terrorist threats for example just one suggested by a former Navy SEAL who had participated in a valuable discontinued operation in which U.S. special forces were tasked with setting up a "mock" terrorist cell with specifics unknown to the government and proceeded in their adapted "terrorist" mindset to identify "soft" and "hard" targets that actual terrorist cells or remotely "self-radicalized" individuals would be most likely to hit so that appropriate precautions presumably including surveillance could be put in place by the government.
     Should this sound naive to some perhaps readers may feel differently when informed that just one example of potential targets the special forces "mock" terrorist cell identified was not taking down "hard" target airliners but instead the "soft" targets at airports they identified as the long lines of persons corralled waiting to get into airport security checkpoints and perhaps worse yet also what the SEAL mock "cell" identified as often completely unprotected baggage claim areas where crowds of as many or more people than even are on one plane but actually from several planes often are gathered crowded together distracted and unwary in very close quarters which warnings the government still apparently largely has not heeded.
     These areas of potential high risk actually repeatedly were communicated to the world on CNN and are here repeated to an infinitesimally smaller audience the editorial board of the Ninth Amendment must emphasize emphatically only with the intention of promoting the safety and security of the American people encouraging the thoughtful and reasoned deployment rather than indiscriminate wasting of finite "national security" resources as best able to protect all and to call attention to the fact that while so many of this country's resources for "national security" are diverted increasingly to exotic and obscure seemingly unrealistic endeavors of agencies increasingly far removed from the reality of the streets that such potential targets as identified by the Navy SEAL on CNN (hopefully better protected by now in the wake of the CNN worldwide report months ago and if not readers are urged to demand whatever law enforcement authorities are available locally do so) and other commonsense precautions which often seem overlooked and/or underfunded while outfits such as the N.S.A. are consuming enormous amounts of U.S. taxpayers' money accomplishing virtually nothing at all to prevent domestic terrorism while simultaneously effectively in the process tearing to shreds the U.S. Constitution they are sworn to uphold and presumably dedicated to protect which is the sole basis of any legitimate power they may have and is the foundation protecting and preserving the continued existence of the United States.
     In any case back to the claimed objective of the not-really-elected Bush-Cheney administration to capture or kill terrorists and so commence U.S. aggressive participation in an enormously expensive armed conflict in both Afghanistan (to become the longest conflict in U.S. history) and the U.S. totally unprovoked "false flag" conflict started with an unprecedented "first strike" on Iraq (which Bush temporarily more confused than usual mistakenly thought that the U.S. had "won" having read "Mission Accomplished" on a banner strategically placed where he could read it from the deck of an aircraft carrier) and U.S. (with the dragging participation of coalition forces such as the British who did their best to stay back out of harm's way) invasion then gradually degrading into an apocalyptic nightmare in Iraq inuring to the enormous monetary profit of torture enthusiast "Pigheart" Dick "Criminal Notorious" Cheney while destroying their lives as they knew them for most of the rest other the others involved in the Iraqi conflict excluding Cheney's and other psychopathic opportunists who live to exploit the spoils of such turmoil and misery.
     Most significantly in addition to accomplishing no stated U.S. goals whatsoever after instigating and engaging in these enormously totally needless conflicts which caused the deaths and wounding of tens of thousands of American and  "coalition" soldiers as well as untold numbers of others including thousands of Iraqi civilians hit in the initial U.S. war armament industry "guaranteed precision bombings" of Baghdad and later events including the recently reported here in the Ninth Amendment massacre by Cheney Blackwater "Blackdeath" murderous psychopaths of unarmed civilians while caught in a traffic circle the Bush-Cheney Administration of course never was able to locate Osama bin Laden the accused "mastermind" of the horrific 11 September 2001 attacks. Bin Laden later was found allegedly by the Central Intelligence Agency (CIA) (another CIA victory racked up along with "Argo") and killed in Pakistan under the current administration of President Barack Obama.
     Today Afghanistan appears destined to be retaken by the Taliban whose origins in part are an unintended consequence of the CIA initiating the spending of billions of U.S. dollars on Operation Cyclone in the arming of the Mujahideen to fight the Soviets while also likely tangentially funding Osama bin Laden and the nascent al-Qaida later responsible for the 11 September 2001 attacks on the U.S. Meanwhile today Iraq is occupied widely and under threat by the demented and depraved ISIS another U.S. unintended direct consequence in its the case of its "good fortune" resulting from the stupendously idiotic actions of the Bush-Cheney administration which with the most powerful armed forces in the world at its disposal managed to "save" both the U.S. and Iraq from non-existent fabricated threats by virtually destroying Iraq with wanton and willful lack of concern for human welfare breaking apart a tenuously held together country of diverse peoples and often conflicting interests.
     The Bush-Cheney administration travesty further succeeded in alienating a large part of Iraq's population after experiencing such things as the deadly mayhem of the Baghdad hell zone left for everybody else outside the U.S. tightly protected "Green Zone" enclave so dispersing into groups of armed insurgents making Baghdad a virtual civilian populated war zone. Such a surrounding uncontrolled environment overseen by no authority left by the totally unprepared U.S. forces led for one thing to the monumentally tragic al-Qaeda claimed bombing bringing down the Canal Hotel assassinating while killing many others as well the United Nations General Secretary's Special Representative in Iraq Brazilian Sergio Vieira de Mello thought to be a likely candidate for UN-Secretary General who had chosen to maintain U.N. operations outside the "Green Zone" which he rejected in order to preserve some semblance of legitimacy to the original espoused reasons for the outside world's descent upon the beleaguered Iraqi people ostensibly to work with and help them rather than live in bunkered fear of them. In the catastrophic bombing de Mello who was buried alive after several hours of frantic efforts to save him died under the rubble of the former building.
     Meanwhile in other catastrophic Bush-Cheney Administration U.S. blunders Iraq's newly "disbanded" and suddenly "unpaid" against the pleading of senior Iraqi military commanders (by proclamation of a new U.S. administrator of Iraq apparently fresh from her U.S. State Department cubical who had absolutely no idea of how she single-handedly was putting into motion monumentally destructive seriously deadly forces still greatly at play in world affairs today in her first disastrous day on the job alone) immediately fired the entire career professional Iraqi army with long combat experience from a particularly vicious ten-year war against Iran.
     The quickly alienated Iraqi officers and other soldiers knowing exactly where they were stockpiled departed with most of Iraq's armaments as U.S. troops watched with orders to do nothing. A few years later they returned with their new "friends" to collect the brand new armaments the U.S. had bought and left behind when it departed for the use of the newly-trained Iraqi army which abandoned the U.S.-supplied armaments and allowing the former Iraqi professional army to continue to provide for itself and its families having formed presumably the military core of the newly emerging demented and depraved ISIS terrorists who now allegedly represent a threat to a growing number of countries inconsistently rumored to include this country based on varying sources. It now has been determined that the Bush-Cheney ISIS legacy they left now represents a "national security" threat which Iraq never did.
     In any case for those readers remaining through the above digression the subsequent history of the Bush-Cheney secret illegal domestic spying initiative started in October 2001 essentially is that the N.S.A. mass surveillance and related activities came to be called part of the program called "Stellarwind" (such operations being named by failed aspirants unable to find more lucrative employment in the pharmaceutical industry making up new names for new medications) and for each component of the that program a legal basis as put charitably by the New York Times "evolved" (not how the law works) including after a mere five years of apparently unsuccessful efforts (an incredible feat given the readily available compliant FISA court rubber stamper judges) in 2006 the bulk phone records collection component of the Stellarwind program finally was rubber stamped by some FISA hack monkey judge willing to "legally legitimize" it "based on the idea that Section 215 could be interpreted as authorizing bulk collection." A rigorous legal analysis indeed: "could be" but apparently was not interpreted. It subsequently has been rubber stamped approximately every 90 days likewise by FISA monkey judges.
     Alas the federal appeals court in Thursday's unanimous decision did not agree with the FISA monkey court's "legal analysis" that the Section 201 authorization of the collection of records found to be "relevant" to a national security case meant collecting all records possible of every person in the United States and later figuring out if something in there were "relevant" to national security without "analyzing" others although apparently reading them. In its unanimous decision Judge Gerard E. Lynch wrote for the Court that Section 215 "cannot bear the weight that the government asks us to assign to it, and that it does not authorize the telephone metadata program." The Court's ruling that the program is illegal noted that Congress was capable of writing a bill that clearly provided a legal basis for such an "unprecendented" program although the Court did not go on to reach the issue of whether or not it then would find any such bill unconstitutional as also had been argued before the Court against the program by the American Civil Liberties Union. Specifically,, 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. Perhaps such a contraction is required by national security needs in the face of the dangers of contemporary domestic and international terrorism. But we would expect such a momentous decision to be preceded by substantial debate, and expressed in unmistakable language.”

     The federal appeals court decision without other federal government action yet known to have been taken in response appears to express the Court's determination that since 2001 all N.S.A. dragnet indiscriminate collection of Americans' bulk telephone records has been illegal and establishes for the time being that there is no legal basis for the continued collection of such records. The court however did not issue an injunction prohibiting that practice but instead remanded the case to the district court below it to figure out what to do. The legal status of the decision further is complicated by the issue of concurrent FISA Court determinations that Patriot Act Section 215 does authorize bulk collection of telephone records and that the FISA court has its own FISA appeals court where one might predict the outcome with some confidence. In the meantime the federal government could appeal the regular real federal court decision here to the U.S. Supreme Court.
     The editorial board of the Ninth Amendment joins many in applauding this long overdue federal court of appeals decision unanimously declaring the illegality of the government's dragnet indiscriminate bulk collection of telephone records under Section 215 of the so-called "Patriot Act" which perhaps serendipitously coincides with a  great many immediate circumstances coalescing in just the type of debate for which the above decision calls.
     Current reports are that the debate this past week ranged from the House of Representatives bipartisan backing of the proposed fake-reform USA Freedom Act supported by the White House and apparently the N.S.A. and by F.B.I. Chief James B. Comey which would limit government requests for phone records stored by phone carriers to those based on "reasonable suspicion" to at least a handful of others opposed who appear likely to lose at the far right of the spectrum led by the "defiant" Senate majority leader Senator Mitch McConnell (R-Kentucky) and chairman of the Senate Intelligence Committee Richard M. Burr (R-NC) both of who want the Patriot Act Section 215 to remain as is extended to the year 2020 both "dismissing" the Court's decision with Burr essentially calling the Court's determination "a joke".
     The Ninth Amendment due to near constant incidents often reported in posts here of private entities' either violation of privacy laws and/or in other ways often failing adequately to protect consumers' personal data which are are as bad or even worse than the government in its N.S.A. overloaded servers or wherever that it is neither safe nor advisable to entrust the nation's private phone carriers to store private personal consumer telephone records for the government on demand as provided in the proposed USA Freedom Act. The editorial board of the Ninth Amendment joins the American Civil Liberties Union position that the State's domestic dragnet indiscriminate mass surveillance and metadata collection that had been illegally based on the Patriot Act Section 214 under any circumstances is unconstitutional and moreover that rather then being legally required to store Americans' personal private telephone records carriers in fact should follow just the opposite practice and be prohibited from doing so under penalty of prosecution for privacy and other violations.
     Readers interested in more information about the above particularly details about and links including to the 97-page decision of the United States Court of Appeals for the Second Circuit can go to the first link below. Readers interested in the above also can go to the second link below which provides more recent information about the fallout from the Court's decision affecting government decision-makers especially now facing tight deadlines with Section 215 of the Patriot Act if unchanged expiring on June 1 but Congress having a scheduled recess next Friday 22 May 2015 for the Memorial Day holiday. Finally interested readers can go to the third link below for Reuters report on the above.
     [RE-UPDATE] Readers interested in more information on the above can go to the added Washington Post forth link below reporting that the White House is urging passage of the proposed fake-reform USA Freedom Act reportedly enjoying bi-partisan support and expected to pass the House of Representatives as early as Wednesday with the director of national intelligence and the attorney general expected soon to issue letters of support stating that they do no believe the USA Freedom Act will undermine national security while claiming the reforms it proposes will "enhance" Americans' privacy. The latter is an absolutely misleading lie by the Obama administration and its agencies.
     This fallacious White House position supporting the USA Freedom Act (which itself is absolutely objectionable to the Ninth Amendment editorial board just as it is to the entire New York Times editorial board as previously posted here) is knowingly based on a false proposition which does not bear its weight in that at the moment given as reported above the only real actual federal court to opine has been the Federal Court of Appeals for the Second Circuit which has issued a decision finding the language of Patriot Act Section 215 presumably since 2001 neither has bolstered national security such that it now can be "undermined" by any new legislation purporting to weaken it nor could the ineffective Patriot Act Section 215 likewise in any way legitimately reduce Americans' privacy such that it needs to be "enhanced".
     Similarly the Obama administration's reported "conclusion" that the fake-reform USA Freedom Act offers the State the best way to "maintain its power" to obtain terrorist records with "some measure of speed" is equally specious given that the Court's decision finds that the the Patriot Act Section 215 language no matter how fairly (or unfairly) read confers no such power upon the State. In fact even given the proposition that having wrongfully assumed such a power under Patriot Act Section 215 the government actually has meaningfully obtained any terrorist records of significance particularly with the use of anything beyond previously existing powers seems more and more highly questionable upon more closely subjecting such claims to greater scrutiny.
     In fact most recently the much self-congratulatory degree of "transparency" of the Obama administration both in its actions and in the words of President Obama himself and his spokespersons has shown itself to and seems likely to stray even further as more facts become known from that characterization which President Obama would wish history to confer upon his administration not to mention his own legacy seemingly now better described as a growing concerted intentional opaqueness ranging through a disturbingly increasing scope of matters of great consequence and lasting concern to the American people.
     [UPDATE III] Readers interested in more recent updated information on the above can go to the added bottom three links with the Obama administration most recently "begging" that surveillance authority is "vital" as F.B.I. Director James Comey calls continued unconstitutional illegal current law enforcement roving wiretap non-existent legal authority "critical" to law enforcement and brand spanking new but not necessarily improved U.S. Attorney General Loretta Lynch immediately toes the Obama administration cynically bogus Obama (BOGUSPOTUS) line using a late CNN on-air scare as the usual fright manipulation forum for her threat that "loss" of unconstitutional non-existent mass surveillance authority poses an "increased risk to safety" of Americans without Lynch making any reference whatsoever to the countervailing invasion and violation of Americans' constitutional privacy and other civil rights (the last being the one long-forgotten except for "special occasions" D.O.J. department). [UPDATE IV] Readers interested in more recent information on the above can go to the added two links below. [UPDATE V] Because of the failure of the U.S. Senate either to extend nor to replace the Patriot Act before adjourning on Saturday, 23 May 2015 the so-called "Patriot Act" currently remains scheduled to expire automatically under its "sunset" provision on Monday, 1 June 2015. The U.S. Senate now is scheduled to re-convene on Sunday, 31 May 2015 in an attempt presumably either to extend or replace the Patriot Act before the Patriot Act's scheduled self-termination at midnight of that day. Readers interested in the latest information on the above can go to the added bottom link below.

http://www.nytimes.com/2015/05/08/us/nsa-phone-records-collection-ruled-illegal-by-appeals-court.html

http://www.nytimes.com/2015/05/09/us/politics/court-ruling-on-nsa-data-collection-jolts-both-defenders-and-reformers.html

http://www.reuters.com/article/2015/05/08/us-usa-security-nsa-idUSKBN0NT29720150508?feedType=RSS&feedName=topNews

http://www.washingtonpost.com/world/national-security/white-house-backs-bill-that-would-curtail-nsa-collection-of-phone-records/2015/05/11/aa96ee50-f7ec-11e4-9ef4-1bb7ce3b3fb7_story.html?hpid=z10

UPDATE III links below:

http://www.nytimes.com/2015/05/22/us/politics/nsa-phone-data-collection-extension-splits-senate.html

http://www.nytimes.com/2015/05/22/opinion/rand-pauls-timely-takedown-of-the-patriot-act.html

http://www.washingtonpost.com/politics/senate-is-playing-chicken-with-nsa-spy-program-white-house-says/2015/05/22/796e3574-00af-11e5-833c-a2de05b6b2a4_story.html?tid=hpModule_ba0d4c2a-86a2-11e2-9d71-f0feafdd1394&hpid=z10

UPDATE IV link below:

http://www.reuters.com/article/2015/05/23/us-usa-security-nsa-idUSKBN0O729C20150523?feedType=RSS&feedName=topNews

UPDATE V link below:

http://www.washingtonpost.com/blogs/post-politics/wp/2015/05/25/senate-nsa-vote-underscores-rift-in-2016-field/

UPDATE VI link below:

https://www.nytimes.com/2019/03/04/us/politics/nsa-phone-records-program-shut-down.html

Copyright 2015-2019 Martin P. All World Rights Expressly Reserved

11 October 2014

"We Kill People Based On Metadata", General William C. Hayden, The Johns Hopkins Foreign Affairs Symposium, 4 January 2014

       Saturday, 11 October 2014, FORT GEORGE G. MEADE, MARYLAND  - The Ninth Amendment's quote of the night was made by former football team equipment manager General William C. Hayden retired USAF Air Force four-star General, Commander of the Air Intelligence Agency (AIA), Director of the Joint Command and Control Center, 15th Director of the National Security Agency (NSA) and Chief of the Central Security Service at Fort George G. Meade, Principal Deputy Director of the National Intelligence Agency (NIA), 20th Director of the Central Intelligence Agency (CIA) and who also served in a lengthy list of various other military/intelligence/informal legal positions. He is credited with authorizing wholesale wiretapping of U.S. citizens in directing the creation of an NSA "domestic call telephone database" despite his alleged earlier Constitutional concerns as well as the later "Trailblazer Project" criticized by many staffers of the NSA who previously had created the model for it but now criticized the project as not providing adequately for the protection of privacy of U.S. citizens and being a "waste of money" before they quit the NSA and Trailblazer then was shut down by the NSA Inspector General, the DOD Inspector General and Congress.
       General Hayden during his later tenure also authorized violation of Legislative Branch congressional initiated statutes intended to protect U.S. citizens against unlawful searches and seizures and invasions of privacy including FISA requiring warrants for special secret foreign intelligence proceedings. General Hayden having majored in American History at Duquesne University also made informal legal determinations that the statutes including the FISA need not be followed by the Executive Branch under Article II of the Constitution and that in any case "probable cause" for warrants for searches and seizures was "not included in the Fourth Amendment" under his legal analysis as informed by not the U.S. Supreme Court nor any other official judicial body of the Judicial Branch but rather private White House counsel of the Executive Branch who refused to share its legal opinion on these controversial subjects but instead kept them locked in a safe in counsel's office down the street from the White House only allowing the opinion to be read once by the NSA Director with no copies made nor kept nor read again by anyone before returning them to the safe. The General's interpretation of the lack of Fourth Amendment inclusion of "probable cause" and related protections against illegal searches and seizures concerned Senator Dianne Feinstein of the Senate Intelligence Committee which she predicted as likely to lead to a "major confrontation".
       The General also was a supporter of "enhanced interrogation techniques" and later lobbied to allow "drone" strikes "purely on the basis of ground vehicles, with no evidence of connection to terrorism". It is not known if this exhortation included for example domestic commuter traffic such as NSA employees driving home from work back to their families in the Washington, D.C.metropolitan area. Upon his retirement from the military his former national security, military and informal legal national service work earned him a pile of medals and decorations as well as lucrative jobs as a principal of the security consultancy Cherthoff (rhymes with . . . . ) Group, election to the Board of Directors of Motorola Solutions and service as a Distinguished Visiting Professor at George Mason University School of Public Policy. General Michael Hayden also had a big highway stretch in Pittsburgh named after him. Interested readers who wish to learn more of the General's career which may have been omitted here as well as his other interests, family members and a picture of his decorations and him perhaps from a while ago may wish to consult Wikepedia by entering Michael Hayden (general) in its search box feature in the right sidebar or following the link below the posts on this page.   
       General Michael Hayden was born in Pittsburgh, Pennsylvania ironically the same state in which the Founding Fathers drafted the United States Constitution noted especially for its creation of a federal government of three distinct branches of government intended to safeguard the People from federal government abuses through a system of "checks and balances" among the three branches and including the Bill of Rights largely based on the principle of "due process of law" which was ratified by the original thirteen colonies of what was to become the United States of America two and a quarter centuries ago.


Copyright 2014 Martin P. All World Rights Expressly Reserved   

18 May 2014

Highest Europe Court Strikes Google And Other Engines Harsh Blow Orders Google Remove Search Results With Privacy Data Links At Individual's Request Again Protecting Privacy As U.S. Does Not

       Sunday, 18 May 2014, LUXEMBOURG - European regulators and/or courts after previously as reported here having smacked CIA operative Mark "Zuckerboy" Zuckerman's Facebook with a big fat book in its own face with a fine nearing $1 billion for its misuse of sophisticated facial recognition spy technology in its European operation which the social media-cum-global spying metadata collector aka "Facelog" aka "Mugbook" openly still deceptively uses in the United States and other countries this past week again struck a harsh and costly blow against another United States-based once-"friendly" Internet presence search engine now monster "social media plus" hopeful metadata collector and admitted CIA partner Google based in Mountain View, California ruling in an unappealable decision by the European Court of Justice in Luxembourg against Google ordering it to remove personal privacy information links when requested by affected individuals.
       As confirmed in a recent airing of part one of two of the excellent PBS WGBH-Boston produced television Frontline special "The United States of Secrets" (part two to be aired in the U.S. in coming days and available in its entirety on DVD) "whistleblower" superuser John Snowden unequivocally states that there no longer is anything such as "private" information. Every loose shred of each millisecond of once-private moments of even domestic readers lives all gushes unfettered (unconstitutionally regardless of what FISA may "determine" on command - never read about that government branch in the U.S. Constitution? - do not worry neither have we) nonstop direct to the State to the critical point where terabytes of information literally ready to leak out the windows of the NSA's Fort Meade, Maryland headquarters from overloaded overheated supercomputer superservers now reportedly have been spread far and wide throughout hundreds if not thousands of nondescript office parks encircling Washington, D.C. and God knows where else literally drowning the State in unconstitutionally collected, data-mined, recorded, stored, "analyzed" for national security purposes (yeah, right) any and all information and data on American and all the world's citizens.
       Everything readers search, type, do, say, photograph, or any information whatsoever readers may even unknowingly reveal purposely or completely inadvertently including due to data leaks they do not even understand exist are duly recorded, processed, packaged, shared in real-time and passed on in readers' worst Orwellian nightmares gone exponentially awry by the likes of Facebook and Google to their CIA, NSA partners and presumably just about anyone else who now carries some sort of tin badge or contractor I.D. that reads "National Security" handler.
     The present routine accepted protocol in the United States when any individual objects upon discovering what even obviously is their "private" personal information readily accessible by links to other Internet sources is that the individual has no recourse against Google any other search engine nor computer application functioning in that capacity may only request the individual or entity who established the link remove it. To which completely toothless request whoever established the link refuses. End of story.
     However in the case at hand brought to the European Justice Court by a Spanish lawyer who tried to get monster Google to remove links to decades-old online newspaper accounts of his ancient personal tax and debt difficulties Europe's highest court issued its ruling that Google itself and other outfits like it must remove such personal data links when requested by the violated individuals.
     Lawyers for Google presumably advised by their able "shadow" legal advisers at the United States' malignant growth of national security agencies, outfits, contractors and whatever other unconstitutional enterprises proliferate daily under hypocrite President Barack "Transparency" Obama (all election-year promises to the contrary ignored) doubtless whined, cajoled, threatened and spooked the Court about the risks, dangers and so on of hiring, dealing with, talking to, looking at and what-all of persons who might be harboring something such as undisclosed poor dental habits (despite peoplekind's somehow managing to get by without this type of information of every one of their neighbors for the entire history of the human race until about the past couple decades) until the Coourt's gavel slammed down, and the lawyers told to shut up. Presumably this would have prevented them from neglecting to address that it was at least equally likely the personal information and data link leaks were "but for" causation for untold harassment, stalking, crimes particularly against children and women, acts of domestic terror, kidnapping, rapes, murders, and so on.
     In the wake of what could be a long-overdue well-deserved devastating ruling to the likes of Google and others with their inflated heads now literally totally in the clouds run totally amok treating the United States Constitution as if it were some new kind of beta app Google said with the sickening rote swagger of what have come to appear to be completely dissociated persons and entities seemingly teeming in Silicon Valley, Gulch, Wherever who have come to sound like the toxicity of silicon overload may finally have irreversibly completely permeated all parts of their brains presumably once capable of formidable forethought now however leaving seemingly only their primordial brain stems active, Google declined comment on the Court's final decision which cannot be appealed because Google "needed time to study it". Oh, please.

Copyright 2014 Martin P. All World Rights Expressly Reserved

19 June 2013

Obama Vapid Response Shocks Again Dismays Entire New York Times Editorial Board On But Most Recent Executive Major U.S. Constitutional Attack

     Wednesday, 19 June 2013, NEW YORK, NEW YORK - The Ninth Amendment most sincerely regrets yet again in what seems to be but a matter of weeks and indeed even through this log's most recent post to inform readers of reports that President Obama continues to dismiss and oddly appear to believe he is somehow even distanced from continuing reports of blatant Executive Branch (of which he of course is the Chief) encroachments of potentially calamitous historical Constitutional proportions on some of its most sacred and fundamental protections of life, liberty and the pursuit of happiness.
     Many are perhaps most specifically and extensively set forth with the ratification by a majority of the several states of the Bill of Rights (which of course still in the view of this log known after all as "The Ninth Amendment"  has some VERY largely obviously to most anyone who can read English individually protective yet oddly indeed near-completely unexplored, unrecognized, unacknowledged and actually effectively ignored provisions which the State in the view of this log can only be said to maintain ludicrously are some sort of vestigial surplusage which would have had to be absolutely uncharacteristically inserted by the Founding Fathers as if they were, say, getting paid by the hour or page.
     In any case it was at most some few months ago that the entire editorial board of The New York Times as reported here called for the complete closure of Guantanamo Bay and release of remaining detainees especially in light of some who had now spent about a decade there even AFTER federal judges ORDERED them released and all essentially agreed that many (but not all - those being segregated) posed no threat at all. But Congress refused to provide funding.
     Then of course heinous legislation such as the cynically entitled "Patriot Act" survives even in all its admittedly worst provisions thrown in in the dead of night with President Obama's administration actually having had its and other legislation's Bush-era "sunset provisions" not only not left effective but having done so by making these laws destroying the fabric of this country permanent.
     And now in the wake of the most recent revelations of the Obama administration's continuation of the NSA's seven-year-old unconstitutional universal surveillance program even as the President and his new century "lethal surveillance teams" and Oval Office direct controlled drone assassinations and murders continue, the New York Times reports on President Obama's shockingly dismal and disingenuous statements in defense of the new surveillance state he oversees, even calling it successful when he well knows that the telephone component in particular produces far less safety-enhancing results.
     The Ninth Amendment has as recently indicated here had about as much as it cares to stomach for the moment. Interested readers are encouraged to click to the New York Times editorial link directly below for further details. God Bless America.


Copyright 2013 Big M All World Rights Expressly Reserved