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antoine
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« on: 23 November 2002, 17:44:00 pm »

Ques:
How dou you stop a guy on a roll...

What the secret court decision means for citizens
By LANCE GAY
November 19, 2002


Over the protests of civil libertarians, the courts are clearing the way for a massive expansion of police powers to wiretap and conduct surveillance on people inside the United States under the name of the war against terrorism.

Ruling for the first time in its history, the secret Foreign Intelligence Surveillance Court of Review this week gave the green light to police listening in on phone calls, reading e-mails and conducting "no-knock" clandestine searches of Americans' homes and offices to collect criminal intelligence on terrorist activities. The ruling came in response to a warrant turned down by a lower court.

There are only hints of how extensive this sort of snooping might be, and the public probably will never know how federal agencies are using the expanded powers that Congress gave the FBI in the wake of the Sept. 11 attacks in New York and Washington. The warrants for the snooping are issued in secret, and agents keep secret what they find and hear.

Many people who will come under government scrutiny may never know about it. The scope of government activity could emerge in court suits, but those instances are likely to be rare because government agencies are collecting intelligence - not evidence. Normal legal challenges to evidence collected by surveillance, which provide a wealth of information on police activities, aren't likely to crop up.

Here in question and answer form is a discussion of the issues raised by defenders and opponents of the process.


Q: Is government snooping constitutional?

A: Yes. The Supreme Court has held that police can conduct clandestine surveillance under warrants issued by courts without violating Fourth Amendment restrictions on search and seizure. In 1968, Congress set up the procedure police follow in domestic criminal investigations. A decade later, in response to Cold War spying, lawmakers passed the Foreign Intelligence Surveillance Act, which created a special court that sits in secret to hear requests for warrants when the government's "primary purpose" is tracking foreign agents. Last year, under the USA Patriot Act, Congress expanded the scope of that secret court, saying the government only had to show a "significant purpose" of the snooping involved foreign intelligence matters to obtain the warrants.

Q: How much snooping is going on?

A: The government made 934 requests for warrants from the secret court last year, but some requests could involve multiple individuals. Until this year, the court had never rejected a government request for a warrant to snoop.

Q: What sort of surveillance is approved?

A: The secret court can approve clandestine break-ins of people's homes; monitor how suspects use the Internet and the sites they visit; and use "roving warrants" to cover various phones suspects might use. The USA Patriot Act also allows police to collect financial, medical and library records of those targeted.

Q: Can material gathered under warrants issued by the special court later be used in a criminal trial?

A: Yes. Sen. Orrin Hatch, R-Utah, said the purpose of the USA Patriot Act was to break down a division between criminal and foreign intelligence surveillance activities, and enable police to carry out clandestine surveillance even of criminal suspects. This week's ruling by the special Foreign Intelligence Surveillance appeals court upholds using secret investigations in probes of criminal violations.

Q: How does the secret court differ from a normal court?

A: Under regular procedures, police have to show they have "probable cause" of a crime being committed before they can obtain a court warrant to snoop on individuals. Under these procedures courts also monitor what the police are doing to ensure any evidence collected is directly connected with what the government said it wanted. But under the special FISA court, warrants are sought from the secret court only under certification of Attorney General John Ashcroft that the warrant is needed. Unlike regular courts, the secret court does not supervise what data the government is collecting.

Q: Doesn't this give an awful lot of power to executive agencies?

A: That's a central complaint of civil libertarians, who contend the attorney general has been given extraordinary powers. Brooklyn Law School professor Susan Herman said Congress and the judiciary have very little role in the process, and the surveillance laws have transferred extraordinary powers to the executive branch.

Q: Can innocent Americans not a target of a government terrorist investigation be brought under scrutiny of a FISA warrant?

A: Yes. It's already happened. The Justice Department this year told Congress of a case where a target of a FISA investigation unexpectedly changed his cell phone number, and the conversations of the cell phone number's new owner were collected. Because the new owner of the number spoke in a foreign language, the intercepted conversations were kept. Innocent people could also be involved if the target of a clandestine probe moved around the country, using phones in homes of people he visited. The FBI could continue to collect and scrutinize conversations over those phones, even after the target left.

Q: Will Americans know they are being spied on?

A: No. The secret system is set up to prevent tipping off anybody that is under investigation. Congress could determine the extent of snooping in oversight hearings, but that's unlikely in the midst of a war. Historians may be able to judge from declassified records the extent of government surveillance, but that won't happen for 30 years or more.


On the Net: www.usdoj.gov

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« on: 23 November 2002, 17:44:00 pm »



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« Reply #1 on: 27 November 2002, 14:28:00 pm »

Gore Vidal claims 'Bush junta' complicit in 9/11  Tuesday, November 26, 2002

America's most controversial writer Gore Vidal has launched the most  scathing attack to date on George W Bush's Presidency, calling for an investigation into the events of 9/11 to discover whether the Bush  administration deliberately chose not to act on warnings of Al-Qaeda's
plans.
 
Vidal's highly controversial 7000 word polemic titled 'The Enemy Within' -  published in the print edition of The Observer today - argues that what he calls a 'Bush junta' used the terrorist attacks as a pretext to enact a  pre-existing agenda to invade Afghanistan and crack down on civil liberties at home.
 
Vidal writes: 'We still don't know by whom we were struck that infamous  Tuesday, or for what true purpose. But it is fairly plain to many civil libertarians that 9/11 put paid not only to much of our fragile Bill of  Rights but also to our once-envied system of government which had taken a
mortal blow the previous year when the Supreme Court did a little dance in  5/4 time and replaced a popularly elected President with the oil and gas
Bush-Cheney junta.'
 
Vidal argues that the real motive for the Afghanistan war was to control  the  gateway to Eurasia and Central Asia's energy riches. He quotes extensively  from a 1997 analysis of the region by Zgibniew Brzezinski, formerly  national  security adviser to President Carter, in support of this theory. But, Vidal  argues, US administrations, both Democrat and Republican, were aware that the American public would resist any war in Afghanistan without a truly  massive and widely perceived external threat.
 
'Osama was chosen on aesthetic grounds to be the frightening logo for our  long-contemplated invasion and conquest of Afghanistan ... [because] the administration is convinced that Americans are so simple-minded that they  can deal with no scenario more complex than the venerable, lone, crazed killer (this time with zombie helpers) who does evil just for the fun of it 'cause he hates us because we're rich 'n free 'n he's not.' Vidal also attacks the American media's failure to discuss 11 September and its  consequences: 'Apparently, "conspiracy stuff" is now shorthand for unspeakable truth.'
 
'It is an article of faith that there are no conspiracies in American life.  Yet, a year or so ago, who would have thought that most of corporate America  had been conspiring with accountants to cook their books since - well, at  least the bright dawn of the era of Reagan and deregulation.'
 
At the heart of the essay are questions about the events of 9/11 itself and  the two hours after the planes were hijacked. Vidal writes that 'astonished military experts cannot fathom why the government's "automatic standard  order of procedure in the event of a hijacking" was not followed'.
 
These procedures, says Vidal, determine that fighter planes should  automatically be sent aloft as soon as a plane has deviated from its flight plan. Presidential authority is not required until a plane is to be shot  down. But, on 11 September, no decision to start launching planes was taken until 9.40am, eighty minutes after air controllers first knew that Flight  11  had been hijacked and fifty minutes after the first plane had struck the North Tower.
 
'By law, the fighters should have been up at around 8.15. If they had, all  the hijacked planes might have been diverted and shot down.'
 
Vidal asks why Bush, as Commander-in-Chief, stayed in a Florida classroom  as  news of the attacks broke: 'The behaviour of President Bush on 11 September  certainly gives rise to not unnatural suspicions.' He also attacks the  'nonchalance' of General Richard B Myers, acting Joint Chief of Staff, in  failing to respond until the planes had crashed into the twin towers.
 
Asking whether these failures to act expeditiously were down to conspiracy,  coincidence or error, Vidal notes that incompetence would usually lead to  reprimands for those responsible, writing that 'It is interesting how often  in our history, when disaster strikes, incompetence is considered a better alibi than .... Well, yes, there are worse things.'
 
Vidal draws comparisons with another 'day of infamy' in American history,  writing that 'The truth about Pearl Harbour is obscured to this day. But it has been much studied. 11 September, it is plain, is never going to be  investigated if Bush has anything to say about it.' He quotes CNN reports that Bush personally asked Senate Majority Leader Tom Daschle to limit  Congressional investigation of the day itself, ostensibly on grounds of not diverting resources from the anti-terror campaign.
 
Vidal calls bin Laden an 'Islamic zealot' and 'evil doer' but argues that  'war' cannot be waged on the abstraction of 'terrorism'. He says that 'Every  nation knows how - if it has the means and will - to protect itself from  thugs of the sort that brought us 9/11 ... You put a price on their heads and hunt them down. In recent years, Italy has been doing that with the  Sicilian Mafia; and no-one has suggested bombing Palermo.'
 
Vidal also highlights the role of American and Pakistani intelligence in  creating the fundamentalist terrorist threat: 'Apparently, Pakistan did do it - or some of it' but with American support. "From 1979, the largest  covert operation in the history of the CIA was launched in response to the Soviet invasion of Afghanistan ... the CIA covertly trained and sponsored  these warriors.'
 
Vidal also quotes the highly respected defence journal Jane's Defence  Weekly  on how this support for Islamic fundamentalism continued after the emergence  of bin Laden: 'In 1988, with US knowledge, bin Laden created Al-Qaeda (The  Base); a conglomerate of quasi-independent Islamic terrorist cells spread  across 26 or so countries. Washington turned a blind eye to Al-Qaeda.'
 
Vidal, 77, and internationally renowned for his award-winning novels and  plays, has long been a ferocious, and often isolated, critic of the Bush administration at home and abroad. He now lives in Italy. In Vidal's most  recent book, The Last Empire, he argued that 'Americans have no idea of the  extent of their government's mischief ... the number of military strikes we  have made unprovoked, against other countries, since 1947 is more than  250.'

Fatima Ahmed

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Joseph27
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« Reply #2 on: 27 November 2002, 15:01:00 pm »

That is a damn good article by Gore Vidal -I enjoy reading his stuff - and this didnt let me down.  Good Post - I must admit that on Sep 12 I was very upset however I couldnt help but to think of all the people that would benefit - most especially Americas military industrial complex.  Conspiracy - i dont know but something has smelt bad for quite a while now
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"truth is a group of metaphors, metonyms, and anthropomorphisms; a sum of human relation which is poetically and rhetorically intensified, metamorphosed and adored so that after a long time it is then codified in the binding canon."
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« Reply #3 on: 27 November 2002, 15:19:00 pm »

I totally agree, Gore Vidal is the king:

HE MIGHT BE AMERICA'S LAST small-r republican. Gore Vidal, now 76, has made a lifetime out of critiquing America's imperial impulses and has -- through two dozen novels and hundreds of essays -- argued tempestuously that the U.S. should retreat back to its more Jeffersonian roots, that it should stop meddling in the affairs of other nations and the private affairs of its own citizens.

That's the thread that runs through Vidal's latest best-seller -- an oddly packaged collection of essays published in the wake of September 11 titled Perpetual War for Perpetual Peace: How We Got To Be So Hated. To answer the question in his subtitle, Vidal posits that we have no right to scratch our heads over what motivated the perpetrators of the two biggest terror attacks in our history, the 1995 Oklahoma City bombing and last September's twin-tower holocaust.

Vidal writes: "It is a law of physics (still on the books when last I looked) that in nature there is no action without reaction. The same appears to be true in human nature -- that is, history." The "action" Vidal refers to is the hubris of an American empire abroad (illustrated by a 20-page chart of 200 U.S. overseas military adventures since the end of World War II) and a budding police state at home. The inevitable "reaction," says Vidal, is nothing less than the bloody handiwork of Osama bin Laden and Timothy McVeigh. "Each was enraged," he says, "by our government's reckless assaults upon other societies" and was, therefore, "provoked" into answering with horrendous violence.

Some might take that to be a suggestion that America had it coming on September 11. So when I met up with Vidal in the Hollywood Hills home he maintains (while still residing most of his time in Italy), the first question I asked him was this:

 

L.A. WEEKLY: Are you arguing that the 3,000 civilians killed on September 11 somehow deserved their fate?

GORE VIDAL: I don't think we, the American people, deserved what happened. Nor do we deserve the sort of governments we have had over the last 40 years. Our governments have brought this upon us by their actions all over the world. I have a list in my new book that gives the reader some idea how busy we have been. Unfortunately, we only get disinformation from The New York Times and other official places. Americans have no idea of the extent of their government's mischief. The number of military strikes we have made unprovoked, against other countries, since 1947-48 is more than 250. These are major strikes everywhere from Panama to Iran. And it isn't even a complete list. It doesn't include places like Chile, as that was a CIA operation. I was only listing military attacks.

Americans are either not told about these things or are told we attacked them because . . . well . . . Noriega is the center of all world drug traffic and we have to get rid of him. So we kill some Panamanians in the process. Actually we killed quite a few. And we brought in our Air Force. Panama didn't have an air force. But it looked good to have our Air Force there, busy, blowing up buildings. Then we kidnap their leader, Noriega, a former CIA man who worked loyally for the United States. We arrest him. Try him in an American court that has no jurisdiction over him and lock him up -- nobody knows why. And that was supposed to end the drug trade because he had been demonized by The New York Times and the rest of the imperial press.

[The government] plays off [Americans'] relative innocence, or ignorance to be more precise. This is probably why geography has not really been taught since World War II -- to keep people in the dark as to where we are blowing things up. Because Enron wants to blow them up. Or Unocal, the great pipeline company, wants a war going some place.

And people in the countries who are recipients of our bombs get angry. The Afghans had nothing to do with what happened to our country on September 11. But Saudi Arabia did. It seems like Osama is involved, but we don't really know. I mean, when we went into Afghanistan to take over the place and blow it up, our commanding general was asked how long it was going to take to find Osama bin Laden. And the commanding general looked rather surprised and said, well, that's not why we are here.

Oh no? So what was all this about? It was about the Taliban being very, very bad people and that they treated women very badly, you see. They're not really into women's rights, and we here are very strong on women's rights; and we should be with Bush on that one because he's taking those burlap sacks off of women's heads. Well, that's not what it was about.

What it was really about -- and you won't get this anywhere at the moment -- is that this is an imperial grab for energy resources. Until now, the Persian Gulf has been our main source for imported oil. We went there, to Afghanistan, not to get Osama and wreak our vengeance. We went to Afghanistan partly because the Taliban -- whom we had installed at the time of the Russian occupation -- were getting too flaky and because Unocal, the California corporation, had made a deal with the Taliban for a pipeline to get the Caspian-
area oil, which is the richest oil reserve on Earth. They wanted to get that oil by pipeline through Afghanistan to Pakistan to Karachi and from there to ship it off to China, which would be enormously profitable. Whichever big company could cash
in would make a fortune. And you'll see that all these companies go back to Bush or Cheney or
to Rumsfeld or someone else on the Gas and Oil Junta, which, along with the Pentagon, governs the United States.

We had planned to occupy Afghanistan in October, and Osama, or whoever it was who hit us in September, launched a pre-emptory strike. They knew we were coming. And this was a warning to throw us off guard.

With that background, it now becomes explicable why the first thing Bush did after we were hit was to get Senator Daschle and beg him not to hold an investigation of the sort any normal country would have done. When Pearl Harbor was struck, within 20 minutes the Senate and the House had a joint committee ready. Roosevelt beat them to it, because he knew why we had been hit, so he set up his own committee. But none of this was to come out, and it hasn't come out.

 

Still, even if one reads the chart of military interventions in your book and concludes that, indeed, the U.S. government is a "source of evil" -- to lift a phrase -- can't you conceive that there might be other forces of evil as well? Can't you imagine forces of religious obscurantism, for example, that act independently of us and might do bad things to us, just because they are also evil?

Oh yes. But you picked the wrong group. You picked one of the richest families in the world -- the bin Ladens. They are extremely close to the royal family of Saudi Arabia, which has conned us into acting as their bodyguard against their own people -- who are even more fundamentalist than they are. So we are dealing with a powerful entity if it is Osama.

What isn't true is that people like him just come out of the blue. You know, the average American thinks we just give away billions in foreign aid, when we are the lowest in foreign aid among developed countries. And most of what we give goes to Israel and a little bit to Egypt.

I was in Guatemala when the CIA was preparing its attack on the Arbenz government [in 1954]. Arbenz, who was a democratically elected president, mildly socialist. His state had no revenues; its biggest income maker was United Fruit Company. So Arbenz put the tiniest of taxes on bananas, and Henry Cabot Lodge got up in the Senate and said the Communists have taken over Guatemala and we must act. He got to Eisenhower, who sent in the CIA, and they overthrew the government. We installed a military dictator, and there's been nothing but bloodshed ever since.

Now, if I were a Guatemalan and I had
the means to drop something on somebody in Washington, or anywhere Americans were, I would be tempted to do it. Especially if I had lost my entire family and seen my country blown to bits because United Fruit didn't want to pay taxes. Now, that's the way we operate. And that's why we got to be so hated.

 

You've spent decades bemoaning the erosion of civil liberties and the conversion of the U.S. from a republic into what you call an empire. Have the aftereffects of September 11, things like the USA Patriot bill, merely pushed us further down the road or are they, in fact, some sort of historic turning point?

The second law of thermodynamics always rules: Everything is always running down. And so is our Bill of Rights. The current junta in charge of our
affairs, one not legally elected, but put in charge
of us by the Supreme Court in the interests of the oil and gas and defense lobbies, have used first Oklahoma City and now September 11 to further erode things.

And when it comes to Oklahoma City and Tim McVeigh, well, he had his reasons as well to carry out his dirty deed. Millions of Americans agree with his general reasoning, though no one, I think, agrees with the value of blowing up children. But the American people, yes, they instinctively know when the government goes off the rails like it did at Waco and Ruby Ridge. No one has been elected president in the last 50 years unless he ran against the federal government. So, the government should get through its head that it is hated not only by foreigners whose countries we have wrecked, but also by Americans whose lives have been wrecked.

The whole Patriot movement in the U.S. was based on folks run off their family farms. Or had their parents or grandparents run off. We have millions of disaffected American citizens who do not like the way the place is run and see no place in it where they can prosper. They can be slaves. Or pick cotton. Or whatever the latest uncomfortable thing there is to do. But they are not going to have, as Richard Nixon said, "a piece of the action."

 

And yet Americans seem quite susceptible to a sort of jingoistic "enemy-of-the-month club" coming out of Washington. You say millions of Americans hate the federal government. But something like 75 percent of Americans say they support George W. Bush, especially on the issue of the war.

I hope you don't believe those figures. Don't you know how the polls are rigged? It's simple. After 9/11 the country was really shocked and terrified. [Bush] does a little war dance and talks about evil axis and all the countries he's going to go after. And how long it is all going to take, he says with a happy smile, because it means billions and trillions for the Pentagon and for his oil friends. And it means curtailing our liberties, so this is all very thrilling for him. He's right out there reacting, bombing Afghanistan. Well, he might as well have been bombing Denmark. Denmark had nothing to do with 9/11. And neither did Afghanistan, at least the Afghanis didn't.

So the question is still asked, are you standing tall with the president? Are you standing with him as he defends us?

Eventually, they will figure it out.

 

They being who? The American people?

Yeah, the American people. They are asked these quick questions. Do you approve of him? Oh yeah, yeah, yeah. Oh yeah, he blew up all those funny-sounding cities over there.

That doesn't mean they like him. Mark my words. He will leave office the most unpopular president in history. The junta has done too much wreckage.

They were suspiciously very ready with the Patriot Act as soon as we were hit. Ready to lift habeas corpus, due process, the attorney-client privilege. They were ready. Which means they have already got their police state. Just take a plane anywhere today and you are in the hands of an arbitrary police state.

Don't you want to have that kind of protection when you fly?

It's one thing to be careful, and we certainly want airplanes to be careful against terrorist attacks. But this is joy for them, for the federal government. Now they've got everybody, because everybody flies.

 

Let's pick away at one of your favorite bones, the American media. Some say they have done a better-than-usual job since 9/11. But I suspect you're not buying that?

No, I don't buy it. Part of the year I live in Italy. And I find out more about what's going on in the Middle East by reading the British, the French, even the Italian press. Everything here is slanted. I mean, to watch Bush doing his little war dance in Congress . . . about "evildoers" and this "axis of evil" -- Iran, Iraq and North Korea. I thought, he doesn't even know what the word axis means. Somebody just gave it to him. And the press didn't even call him on it. This is about as mindless a statement as you could make. Then he comes up with about a dozen other countries that might have "evil people" in them, who might commit "terrorist acts." What is a terrorist act? Whatever he thinks is a terrorist act. And we are going to go after them. Because we are good and they are evil. And we're "gonna git 'em."

Anybody who could get up and make that speech to the American people is not himself an idiot, but he's convinced we are idiots. And we are not idiots. We are cowed. Cowed by disinformation from the media, a skewed view of the world, and atrocious taxes that subsidize this permanent war machine. And we have no representation. Only the corporations are represented in Congress. That's why only 24 percent of the American people cast a vote for George W. Bush.

 

I know you'd hate to take this to the ad hominem level, but indulge me for a moment. What about George W. Bush, the man?

You mean George W. Bush, the cheerleader. That's the only thing he ever did of some note in his life. He had some involvement with a baseball team . . .

He owned it . . .

Yeah, he owned it, bought with other people's money. Oil people's money. So he's never really worked, and he shows very little capacity for learning. For them to put him up as president and for the Supreme Court to make sure that he won was as insulting as when his father, George Bush, appointed Clarence Thomas to the Supreme Court -- done just to taunt the liberals. And then, when he picked Quayle for his vice president, that showed such contempt for the American people. This was someone as clearly unqualified as Bush Sr. was to be president. Because Bush Sr., as Richard Nixon said to a friend of mine when Bush was elected [imitating Nixon], "He's a lightweight, a complete lightweight, there's nothing there. He's a sort of person you appoint to things."

So the contempt for the American people has been made more vivid by the two Bushes than all of the presidents before them. Although many of them had the same contempt. But they were more clever about concealing it.

 

Should the U.S. just pack up its military from everywhere and go home?

Yes. With no exceptions. We are not the world's policeman. And we cannot even police the United States, except to steal money from the people and generally wreak havoc. The police are perceived quite often, and correctly, in most parts of the country as the enemy. I think it is time we roll back the empire -- it is doing no one any good. It has cost us trillions of dollars, which makes me feel it's going to fold on its own because there isn't going to be enough money left to run it.

 

You call yourself one of the last defenders of the American Republic against the American Empire. Do you have any allies left? I mean, we really don't have a credible opposition in this country, do we?

I sometimes feel like I am the last defender of the republic. There are plenty of legal minds who defend the Bill of Rights, but they don't seem very vigorous. I mean, after 9/11 there was silence as one after another of these draconian, really totalitarian laws were put in place.

 

So what's the way out of this? Back in the '80s you used to call for a new sort of populist constitutional convention. Do you still believe that's the fix?

Well, it's the least bloody. Because there will be trouble, and big trouble. The loons got together to get a balanced-budget amendment, and they got a majority of states to agree to a constitutional convention. Senator Sam Ervin, now dead, researched what would happen in such a convention, and apparently everything would be up for grabs. Once we the people are assembled, as the Constitution requires, we can do anything, we can throw out the whole executive, the judiciary, the Congress. We can put in a Tibetan lama. Or turn the country into one big Scientological clearing center.

And the liberals, of course, are the slowest and the stupidest, because they do not understand their interests. The right wing are the bad guys, but they know what they want -- everybody else's money. And they know they don't like blacks and they don't like minorities. And they like to screw everyone along the way.

But once you know what you want, you are in a stronger position than those who can only say, "Oh no, you mustn't do that." That we must have free speech. Free speech for what? To agree with The New York Times?

The liberals always say, "Oh my, if there is a constitutional convention, they will take away the Bill of Rights." But they have already done it! It is gone. Hardly any of it is left. So if they, the famous "they," would prove to be a majority of the American people and did not want a Bill of Rights, then I say, let's just get it over with. Let's just throw it out the window. If you don't want it, you won't have it.

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« Reply #4 on: 27 November 2002, 17:05:00 pm »

Crowning post  
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« Reply #5 on: 04 December 2002, 22:09:00 pm »

To the US-ers, and their supporters on the board.
Bet you never knew that the War on Terrorism would creep into your bed and curl up beside you...

You can bet on your  president....
I am happy about this, if it is only for the reason that the people who blindly allow this president to commit these acts, now stand to suffer the same thing....poetic justice...


Bush Gives CIA Authority To Kill Americans
Dec 04, 2002
Source: Houston Chronicle

American citizens working for al-Qaida overseas can legally be targeted and killed by the CIA under President Bush's rules for the war on terrorism, U.S. officials say.

The authority to kill U.S. citizens is granted under a secret finding signed by the president after the Sept. 11 attacks that directs the CIA to covertly attack al-Qaida anywhere in the world. The authority makes no exception for Americans, so permission to strike them is understood rather than specifically described, officials said.

These officials said the authority will be used only when other options are unavailable. Military-like strikes will take place only when law enforcement and internal security efforts by allied foreign countries fail, the officials said.

Capturing and questioning al-Qaida operatives is preferable, even more so if an operative is a U.S. citizen, the officials said, speaking on the condition of anonymity. Any decision to strike an American will be made at the highest levels, perhaps by the president.

U.S. officials say few Americans are working with al-Qaida but they have no specific estimates.

The CIA already has killed one American under this authority, although U.S. officials maintain he wasn't the target.

On Nov. 3, a CIA-operated Predator drone fired a missile that destroyed a carload of suspected al-Qaida operatives in Yemen. The target of the attack, a Yemeni named Qaed Salim Sinan al-Harethi, was the top al-Qaida operative in that country. Efforts by Yemeni authorities to detain him had previously failed.

But the CIA didn't know a U.S. citizen, Yemeni-American Kamal Derwish, was in the car. He died, along with al-Harethi and four other Yemenis.

The Bush administration said the killing of an American in this fashion was legal.

"I can assure you that no constitutional questions are raised here. There are authorities that the president can give to officials," said Condoleezza Rice, Bush's national security adviser, after the attack. "He's well within the balance of accepted practice and the letter of his constitutional authority."

American authorities have alleged that Derwish was the leader of an al-Qaida cell in suburban Buffalo, N.Y. Most of the alleged members of the cell were arrested and charged with supporting terrorists, but Derwish was not accused of any crime in American courts.

Family members in Buffalo say they have yet to be contacted by the U.S. government about Derwish's death, which they learned about through media reports.

Mohamed Albanna, vice president of the American Muslim Council's Buffalo chapter, urged federal authorities to confirm the death.

"It's just a matter of common respect for the family here. After all, they are U.S. citizens." He added that Derwish "has not been tried and has not been found guilty, so, in that sense, he's still an innocent American who was killed. That's what the law states."

The Bush administration sees it differently. In killing him, the administration defined Derwish as an enemy combatant, the equivalent of a U.S. citizen who fights with the enemy on a battlefield, officials said. Under this legal definition, experts say, his constitutional rights are nullified and he can be killed outright.

Sen. Richard Shelby, R-Ala., vice chairman of the Senate Intelligence Committee, supported this policy. "A U.S. citizen terrorist will kill you just like somebody from another country."

The government has done little publicly to justify Derwish's killing. Officials have privately suggested his association with al-Harethi is reason enough.

Other Americans have been similarly classed since Sept. 11, including Jose Padilla, accused of plotting to use a radioactive "dirty bomb" in the United States, and Yaser Esam Hamdi, who was found fighting with the Taliban in Afghanistan. Both are in military custody.

However, a third American, John Walker Lindh, was turned over to the civilian courts after being found serving as a foot soldier with the Taliban. He was sentenced to 20 years in prison after pleading guilty to supplying services to the Taliban and carrying explosives in commission of a felony.

While officials believe only a small number of U.S. citizens went through Osama bin Laden's camps, Americans have been associated with all levels of al-Qaida.

This includes high-level operative Wadih El Hage, a Lebanese-American who was convicted in connection with the 1998 bombings of two U.S. embassies in Africa. A former U.S. Army soldier, Ali Mohamed, worked as a trainer and target scout for bin Laden before he was captured and convicted.

Previously, the government's authority to kill a citizen outside of the judicial process has been generally restricted to when the American is directly threatening the lives of other Americans or their allies.

Earlier presidential authorizations of lethal covert action, in Latin America and elsewhere, have also tacitly allowed the killing of Americans fighting with the other side, former senior intelligence officials said.

But the officials knew of no instances where U.S. citizens were targeted.

The CIA declines comment on covert actions and the authorities it operates under.

Experts on the Constitution and the international laws of war said the Bush administration's definitions create problems.

Unlike the enemy in previous wars, al-Qaida members don't wear uniforms or serve in a foreign nation's army. Nor do they take to traditional battlefields, except in Afghanistan. But the Bush administration and al-Qaida together have defined the entire world as a battlefield -- meaning the attack on al-Harethi and Derwish was tantamount to an air strike in a combat zone.

"That is the most vulnerable aspect of the theory," said Scott L. Silliman, director of Duke University's Center on Law, Ethics and National Security. "Could you put a Hellfire missile into a car in Washington, D.C., under the same theory? The answer is yes, you could."

Human rights groups were divided on the legality of the attack on al-Harethi. Amnesty International suggested it was an extrajudicial killing, outlawed by international treaty, while Human Rights Watch officials said they believed it was a legitimate wartime action.


New Item...

Hide your thoughts....if you have a horror story, which is not painted red white and blue you are a terrorist...judged, convicted and you will be lucky if you are executed.

Pentagon To Watch You Shop - But Thats Not Where It Stops
Dec 04, 2002
Source: Christian Science Monitor

Should Uncle Sam know as much about you as MasterCard does?
In essence, that may be the key question posed by the Pentagon's new Total Information Awareness (TIA) project.

This effort - whose Latin motto translates as "knowledge is power" - aims to create huge databases that sift through the purchases, travel, immigration status, income, and other data of hundreds of millions of Americans. Its purpose: to sniff out the terrorists among us.

Credit-card companies already carry out such paper profiling as an antifraud device, say proponents of the new effort. That's why you get a call when you suddenly start spending lots of money far from home, or exceed your daily allotment of transactions. Using such techniques to prevent another Sept. 11 may thus be simply a natural progression in technology.

But the recent theft of thousands of identities from commercial databases points out what can happen when such data falls into the wrong hands, say critics. And the federal government is not American Express. It has far greater power, and citizens thus need to assiduously protect their privacy from its snooping.

"Data files that become available [to the government] are likely to be used beyond their initial purpose, and we need to guard against that somehow," says Robert Pfaltzgraff, professor of international security at Tufts University's Fletcher School of Law and Diplomacy in Medford, Mass.

A prototype of TIA - funded at $10 million this fiscal year and expected to grow in the next few years - is now being set up, using mostly fabricated information, although some "real" data will be used from public records.

"There are three parts to the TIA project," says Edward Aldridge, undersecretary of Defense for acquisition, technology, and logistics.

The first part of the technology is voice recognition, which would include sifting through electronically recorded transmissions and provide rapid translations of foreign languages. The second part is to develop a tool that would discover connections between transactions, such as passports, airline tickets, rental cars, gun or chemical purchases, as well as arrests and other suspicious activities.

And the third part is collaborative - a mechanism to allow information- and analysis-sharing among agencies. "If [the testing] proves useful," Mr. Aldridge says, "TIA will then be turned over to the intelligence, counterintelligence, and law enforcement communities as a tool to help them in their battle against domestic terrorism."

To some, this concept is a no-brainer in light of the 9/11 attacks and subsequent terror activity. "We're talking about data-mining systems that credit-card companies in particular use," says Lee McKnight, a professor of information studies at Syracuse University in New York. "Lots of this they can buy off the shelf."

He cites an example of how the government could have utilized technology used by credit-card companies to alert airport personnel to some of the hijackers boarding planes on Sept. 11.

Dr. McKnight recently tried to purchase a washing machine in upstate New York after moving to the state, and ended up getting a call from his credit card company on the store's phone after it detected that he - a Massachusetts resident -was accruing big charges in upstate New York.

Similarly, shouldn't an alarm bell go off if three known terrorists board planes within minutes of each other, he asks. The government should be able to have this technology up and running within a year, McKnight says. Some of the more advanced - like voice recognition and face recognition - may take longer.

The key seems to be in information sharing among departments. The CIA, for example, had information linking at least two hijackers to Al Qaeda before Sept. 11, and knew they were in the US. But CIA employees did not get the names into FBI or State Department computer systems. If it had, at least those two may have been prohibited from boarding planes.

Getting government agencies, who have guarded information for their own reasons for decades, to cooperate is one thing. Motivating credit card, telephone, and other private companies to share valuable marketing information, like a customer's personal shopping practices, is another.

"A credit-card company that knows your purchasing patterns can market to you in a way that makes you happier, and makes you a better customer," says Jean Camp, an expert on the interaction of technical design and social systems at Harvard's Kennedy School of Government. "It's good for them not to share that information."

Moreover, the technology to mine these data sources is there, but developing systems to "talk" to other systems is much more challenging. Professor Camp says it was pretty easy to develop an online checking account system. But it has been much more difficult to get those programs to talk to banks, all of which have their own coded systems. She says it's the same with most industries - getting those systems to talk are multiyear projects.

Germany is one country that has long experience with this. In the 1970s, its federal police pulled together databases from private and public records. From crosschecking data, they were able to determine where terrorists belonging to the Red Brigades Faction lived, and even the places they frequently visited.

After the group was crushed, Germany's privacy protections were enhanced. But this past fall, Germany attempted to launch the world's largest computer dragnet after it was discovered that the principal 9/11 hijackers had lived in Germany while plotting their attacks.

Some 4,000 German companies were asked by the police to dump their electronic files into the government's database. The plan was to run all these transactions through a computer against a basic profile of hijackers - men 18 to 40 years old from Arab or Muslim countries with technical expertise or training. Only 212 of the 4,000 companies reportedly complied with the request to give up their records, due to privacy concerns.

It also became evident that German states each had their own systems of coding, as did private companies. "They haven't got far due to the incompatibility of computers between states and the federal government," a German official says. The program has now stopped and has been outsourced to a private company to determine how to develop a new computer system, like the one the Pentagon is trying to design.

End item

[This message has been edited by antoine (edited 04-12-2002).]

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