source: ritholtz.com

 

by Barry Ritholz

Everyone knows that the Patriot Act was drafted before 9/11.

But few know that it was Joe Biden who drafted the core provisions which were included in that bill … in 1995.

CNET reported in 2008:

Months before the Oklahoma City bombing took place, Biden introduced another bill called theOmnibus Counterterrorism Act of 1995. It previewed the 2001 Patriot Act by allowing secret evidence to be used in prosecutions, expanding the Foreign Intelligence Surveillance Act and wiretap laws, creating a new federal crime of “terrorism” that could be invoked based on political beliefs, permitting the U.S. military to be used in civilian law enforcement, and allowing permanent detention of non-U.S. citizens without judicial review.* The Center for National Security Studiessaid the bill would erode “constitutional and statutory due process protections” and would “authorize the Justice Department to pick and choose crimes to investigate and prosecute based on political beliefs and assocblank Joe Biden Drafted the Core of the Patriot Act in 1995 ... Before the Oklahoma City Bombingiations.”

Biden himself draws parallels between his 1995 bill and its 2001 cousin. “I drafted a terrorism bill after the Oklahoma City bombing. And the bill John Ashcroft sent up was my bill,” he said when the Patriot Act was being debated, according to the New Republic, which described him as “the Democratic Party’s de facto spokesman on the war against terrorism.”

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S.1867

Latest Title: National Defense Authorization Act for Fiscal Year 2012
Sponsor: Sen Levin, Carl [MI] (introduced 11/15/2011)      Cosponsors (None)
Related Bills: H.R.1540
Latest Major Action: 12/1/2011 Passed/agreed to in Senate. Status: Passed Senate with amendments by Yea-Nay. 93 – 7. Record Vote Number: 218.
Latest Action: 12/1/2011 See also H.R. 1540.

FOLLOW THIS BILL > http://thomas.loc.gov/cgi-bin/bdquery/z?d112:s.1867:

Fact Sheet: New Law Allowing for Indefinite Military Detention for Americans Without Charge or Trial

  • S. 1867, the National Defense Authorization Act passed by a 93 -7 vote in the U.S. Senate on November 30 and now headed
    toward becoming law unless vetoed by the president, allows for American citizens to be taken into military custody without
    charge or trial, for life, for the first time in American history. The new law is intended to designate the entire world, including
    the U.S., as the “battlefield” in the war on terror. Sen. Lindsey Graham (R-SC) said in a speech on the Senate floor: “1031, the
    statement of authority to detain, does apply to American citizens and it designates the world as the battlefield, including the
    homeland.”
  • The Christian Science Monitor reports: “”Legislation passed by the Senate this week and headed for the House – and a
    possible presidential veto – could allow the US military to detain American citizens indefinitely.” (“Guantánamo for US
    citizens? Senate bill raises questions,” Christian Science Monitor, Dec. 3, 2011)
  • The law would permanently and unconstitutionally deprive Americans of their Sixth Amendment right to a jury trial,
    guaranteed in the Bill of Rights of the U.S. Constitution.
  • Once in military detention there is no recourse for proving innocence. None of the protections, due process, or 230 years of
    criminal law and legal processes apply. The military operates under a chain of command answerable only to the Secretary of
    Defense and the president. After Obama, all presidents will inherit these powers.
  • The Washington Post has confirmed a secret list of Americans to be assassinated, reporting on Jan. 26, 2010: “The military’s
    Joint Special Operations Command maintains a target list that includes several Americans…U.S. officials have said that the
    government is prepared to kill U.S. citizens who are believed to be involved in terrorist activities that threaten Americans.”
    There is no way to determine who is on the list, as it is “classified.” (“U.S. military teams, intelligence deeply involved in aiding
    Yemen on strikes,” Washington Post, by Dana Priest, Jan. 27, 2010)
  • The law’s primary sponsors are Sen. John McCain (R-AZ) and Sen. Carl Levin (D-MI). (Chris Anders, Senior Legislative
    Counsel for ACLU, Washington office, “Senators Demand the Military Lock Up of American Citizens in a “Battlefield” They
    Define as Being Right Outside Your Window,” Nov. 23, 2011, http://tinyurl.com/85xfjyg )
  • The only U.S. senators who voted against the law, “7 Patriots” are: Jeff Merkley [D], Tom Harkin [D], Ron Wyden [D],
    Thomas Coburn, [R], Mike Lee [R], Rand Paul [R], and Bernie Sanders [I].
  • The Oath of Office of the U.S. senator, required by the Constitution before assuming duties, as well as any American military
    officer, is: “I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all
    enemies, foreign and domestic…” The Oath makes no mention of defending territory, the president, or anything other than the
    Constitution. The Founders intended that defense of the Constitution come before all else. Thomas Jefferson said: “I consider
    trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its
    constitution.” By violating their Oath to protect and defend the United States Constitution, these senators have made
    themselves “domestic enemies” of the Constitution.
  • Case law has until now been ambiguous on the government’s ability to designate American citizens as “enemy combatants”
    for life. The authority of the executive branch to invoke wartime powers in order to hold American citizen Jose Padilla as an
    enemy combatant in 2001 was upheld by Judge J. Michael Luttig in the Fourth Circuit, but Padilla was released to a civilian
    trial before the decision could be reviewed by the U.S. Supreme Court. The McCain-Levin law for the first time clearly
    attempts to permanently override every citizen’s right to a jury trial; under the Sixth Amendment of the U.S. Constitution.
    (Wikipedia, “Jose Padilla”)
  • 18 states have public official recall laws. A few, like Rhode Island, specifically exclude federal officials, although this can be
    changed by the state legislature, and recall laws can be passed by any state. Although not written into the Constitution, the
    power to recall federal officials is grounded in the Tenth Amendment: “The powers not delegated to the United States by the
    Constitution nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
  • Opposition to what amounts to a blatant betrayal of the Oath of Office has united Americans from different parts of the
    political spectrum as never before.

For more information see: “We Are All Really Bradley Manning Now: Senate Passes Military Detention for American
Citizens,” WarIsACrime.org, http://tinyurl.com/85bwqq4

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source: Crunch Gear

by Nicholas Deleon

The United States government is now in the business of professional trolling. The Guardian has discovered a program referred to as “Online Persona Management,” the goal of which appears to be to manipulate online conversations so that they’re seen as being more “pro-American.” The Pentagon says the program doesn’t have an English language component, and that it merely exists to combat misrepresentations found on Arabic, Farsi, Pashto, and Urdu language Web sites.

The program’s contract, which set back the U.S. taxpayer a cool $2.76m, is part of the larger, $200m Operation Earnest Voice program. (Operation Earnest Voice was described [PDF] by the inspector general as “an operation to influence regional and international audiences to achieve U.S. Central Command strategic objectives.”)The contract was awarded to a California company by the name of Ntrepid Corporation.

Ntrepid’s Web site has a solitary e-mail contact. There’s no whois information either, as the site is registered to Domains By Proxy, Inc., whose slogan is: “Remember, your identity is nobody’s business but ours.”

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source: Wall Street Journal

by Evan Perez

MIRANDA

Courtroom sketch of bombing suspect Umar Farouk Abdulmutallab. European Pressphoto Agency

New rules allow investigators to hold domestic-terror suspects longer than others without giving them a Miranda warning, significantly expanding exceptions to the instructions that have governed the handling of criminal suspects for more than four decades.

The move is one of the Obama administration’s most significant revisions to rules governing the investigation of terror suspects in the U.S. And it potentially opens a new political tussle over national security policy, as the administration marks another step back from pre-election criticism of unorthodox counterterror methods.

The Supreme Court’s 1966 Miranda ruling obligates law-enforcement officials to advise suspects of their rights to remain silent and to have an attorney present for questioning. A 1984 decision amended that by allowing the questioning of suspects for a limited time before issuing the warning in cases where public safety was at issue.

That exception was seen as a limited device to be used only in cases of an imminent safety threat, but the new rules give interrogators more latitude and flexibility to define what counts as an appropriate circumstance to waive Miranda rights.

A Federal Bureau of Investigation memorandum reviewed by The Wall Street Journal says the policy applies to “exceptional cases” where investigators “conclude that continued unwarned interrogation is necessary to collect valuable and timely intelligence not related to any immediate threat.” Such action would need prior approval from FBI supervisors and Justice Department lawyers, according to the memo, which was issued in December but not made public.

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source: This Can’t Be Happening
via: 9/11 Truth News

by Dave Lindorff

The ongoing case of Raymond Davis, the CIA contractor facing murder charges in Lahore for the execution-style slaying of two apparent agents of Pakistan’s Inter-Services Intelligence (ISI) agency, is apparently leading to a roll-back of America’s espionage and Special Operations activities in Pakistan.

A few days ago, Pakistan’s Interior Department, which is reportedly conducting a careful review of the hundreds of private US contractors who flooded into Pakistan over the last two years, many with “diplomatic passports,” and many others, like Davis, linked to shady “security” firms, arrested an American security contractor named Aaron DeHaven, a Virginia native who claims to work for a company called Catalyst Services LLC.

The Catalyst Services LLC website describes the company, with offices in Afghanistan, Dubai, the US and Pakistan, as having experience in “logistics, operations, security and finance,” and as having a staff led by “individuals who have been involved in some of the most significant events of the last 20 years,” including “the break-up of the Soviet Union, the US effort in Somalia, and the Global War on Terror.”

DeHaven is being held on a 14-day remand, charged with overstaying his visa and with living in an unauthorized area.

Meanwhile, the English-language Express Tribune in Pakistan reports that according to ISI sources, 30 “suspected US operatives” in Pakistan have “suspended” their operations in the country, while 12 have fled the country.

The paper quotes the Pakistan Foreign Office as saying that 851 Americans claiming diplomatic immunity are currently in Pakistan, 297 of whom are “not working in any diplomatic capacity.” The paper says that the country’s Interior Department claims that 414 of the total are “non-diplomats.” The majority of these American operatives, the paper says, are located in Islamabad (where the US is building a huge fortress-like embassy reminiscent of the one in Baghdad), with the others in Karachi, Lahore and Peshawar. Most are suspected of being involved in covert missions that report to the US Joint Special Operations Command, with many suspected of being active-duty Special Forces personnel from the Army’s Delta Force. (The website of the JSOC says its responsibility is “synchronizing Department of Defense plans against global terrorist networks and, as directed, conducting global operations.”)

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Unconfirmed Report: U.S. Official was caught giving nuclear and biowarfare materials to Al-Qaeda

source: Washington’s Blog

CNN notes:

News that the American accused of killing two Pakistani men is a CIA contractor has intensified an already highly charged situation in Pakistan.

“Raymond Davis is a CIA Guy,” read the headline in the Daily Times newspaper Tuesday.

***

Davis was jailed January 27 after fatally shooting two men who pulled up to him on a motorcycle in a bustling Lahore neighborhood.

***

The 36-year-old Davis is a former member of the U.S. Army special forces and had been employed by security firm XE Services, previously known as Blackwater.

Davis began working for the CIA nearly four years ago. He was assigned to Pakistan in late 2009. He was living with other security personnel at a safehouse in Lahore before the shooting incident.

On Monday, a U.S. government official also said that Davis was a CIA contractor providing security for CIA officers.

The U.S. at first falsely claimed that Davis was a diplomat with the State Department and should therefore be granted diplomatic immunity:

Despite the revelation of Davis’ true line of work, U.S. officials on Monday renewed their argument that he has diplomatic immunity and must be released.

***
Before Monday, U.S. officials had described Davis only as an employee who was attached to the U.S. Embassy in Islamabad and who was working at the U.S. Consulate in Lahore at the time of the shootings.

But the deeper story is that Davis allegedly actively aided and abetted terrorism. As CNN notes:

Some newspapers cited unnamed sources to link Davis with “terrorist activity” and the Pakistani Taliban.

“CIA agent Davis had ties with local militants,” read the headline in The Express Tribune.

The Tribune quoted an unnamed “senior police official” as saying Davis was suspected in masterminding terrorist activity.

“His close ties with the TTP (The Pakistani Taliban) were revealed during the investigations,” the paper quoted the police official as saying. “Davis was instrumental in recruiting young people from Punjab for the Taliban to fuel the insurgency.”

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source: guardian.co.uk

Man codenamed Curveball ‘invented’ tales of bioweapons

by Martin Chulov and Helen Pidd

The defector who convinced the White House that Iraq had a secret biological weapons programme has admitted for the first time that he lied about his story, then watched in shock as it was used to justify the war.

Rafid Ahmed Alwan al-Janabi, codenamed Curveball by German and American intelligence officials who dealt with his claims, has told the Guardian that he fabricated tales of mobile bioweapons trucks and clandestine factories in an attempt to bring down the Saddam Hussein regime, from which he had fled in 1995.

“Maybe I was right, maybe I was not right,” he said. “They gave me this chance. I had the chance to fabricate something to topple the regime. I and my sons are proud of that and we are proud that we were the reason to give Iraq the margin of democracy.”

The admission comes just after the eighth anniversary of Colin Powell’s speech to the United Nations in which the then-US secretary of state relied heavily on lies that Janabi had told the German secret service, the BND. It also follows the release of former defence secretary Donald Rumsfeld’s memoirs, in which he admitted Iraq had no weapons of mass destruction programme.

The careers of both men were seriously damaged by their use of Janabi’s claims, which he now says could have been – and were – discredited well before Powell’s landmark speech to the UN on 5 February 2003.

The former CIA chief in Europe Tyler Drumheller describes Janabi’s admission as “fascinating”, and said the emergence of the truth “makes me feel better”. “I think there are still a number of people who still thought there was something in that. Even now,” said Drumheller.

In the only other at length interview Janabi has given he denied all knowledge of his supposed role in helping the US build a case for invading Saddam’s Iraq.

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source: Raw Story

President Obama Seeks Longer PATRIOT Act Extension Than Republicans

by Stephen C. Webster

Faced with a looming vote on a planned one-year extension of special powers authorized in the USA PATRIOT Act, the Obama White House did not object or propose reforms, as the president vowed to do as a candidate.

The Obama administration instead asked Congress to grant those powers for an additional three years.

As a US Senator and candidate for the presidency, Barack Obama never actually argued for a repeal of the Bush administration’s security initiatives. Instead, he’s consistently argued for enhanced judicial oversight and a pullback on the most extreme elements of the bill, such as the use of National Security Letters to search people’s personal records without a court-issued warrant.

While many in his own party opposed the PATRIOT Act outright, as president Obama has said repeatedly that the emergency measures remain a valuable tool for law enforcement engaged in national security prerogatives.

On Tuesday, ahead of a House vote to reauthorize the PATRIOT Act for another year, the White House did something unexpected: they asked for even more.

A prepared statement issued Tuesday afternoon said that President Obama “would strongly prefer enactment of reauthorizing legislation that would extend these authorities until December 2013.”

The move was likely aimed at avoiding the potential conflation of national security legislation and an election year’s hyper-partisan atmosphere.

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source: An email to supporters from Richard Gage
dateline: 02/08/2011

Complete Withdrawal of Support by Richard Gage, AIA, for CIT’s “National Security Alert”

In early 2009, I watched the “National Security Alert” video by the Citizen Investigation Team (CIT) where recollections of 10 eyewitness accounts of the attack on the Pentagon were presented (of many more that were interviewed).  These accounts included the witnesses’ recollection of the path being taken by the plane prior to impact. The path that many of them recalled was to the north of the former CITGO gas station.  Based on these few accounts CIT presented its case that the plane flew over the Pentagon since the damage trail was not consistent with the north path.

My main focus relative to 9/11 had been on the destruction of the three World Trade Center skyscrapers.  I had not been able to spend much time on the Pentagon issue.  I was initially impressed by CIT’s presentation and, more than a year and a half ago, provided a short statement of support for their efforts.

After making my statement I became aware of more details of the CIT witness accounts as well as the rest of the compelling eyewitness testimony that is available. The vast majority of eyewitness accounts refute the CIT flyover conclusion, as they entail that the plane hit the Pentagon or was flying so low it could not miss.

I was also surprised to learn that 12 of the witnesses that CIT interviewed (including six witnesses to whom CIT refers to as north path witnesses) were in a position to see the Pentagon and all 12 stated that they saw the plane hit the Pentagon.  It was clear from this that CIT used improper investigative methods. CIT used and presented only those portions of their witness reports which fit their conclusion. The preponderance of  CIT’s own evidence in fact supports the conclusion that the plane impacted the Pentagon. (See Summary and Analysis of “National Security Alert” and other works listed below for these and many additional witness statements that describe the plane as clearly impacting the Pentagon).

Because of these concerns I provided new statements in December 2009 and January 2010 pointing out that my previous statement of support should not be interpreted as an endorsement of their conclusion that the airplane flew over the Pentagon.  Despite these statements, CIT has continued to publish my original statement and characterize it as an endorsement of their flyover conclusion.  I am hereby now on the record clearly as NOT supporting the CIT investigation at all.  In addition, I insist that CIT delete my name from its web site in any and every context in which it might give the impression of support or endorsement of their efforts from me.

I base my present position also on a number of blogs, papers, blogs, and videos that have shed light on the Pentagon Flight 77 issues and on CIT’s work. These papers should be among those studied by anyone seeking the full truth about these matters.  Most of these works analyze additional evidence and come to different conclusions than CIT does.

Relevant critiques of CIT and their National Security Alert include:

Summary and Analysis of “National Security Alert”, Chris Sarns, Feb 5, 2011

9/11 Pentagon Witnesses:  They Saw the Plane Hit the Pentagon, Video by Jeff Hill, June 14, 2010

Overwhelming Evidence of Insider Complicity, David Chandler and Jon Cole, Dec 2010

Debating” What Hit the Pentagon by Exaggeration, Name-calling, and Threats, Gregg Roberts, Jan 2011

And critiques that examine CIT’s earlier work “Pentacon” are helpful as well:

Google Earth Exposes Pentagon Flyover Farce or Critiquing PentaCon ,  by Jim Hoffman, July 2009

To Con a Movement: Exposing CIT’s PentaCon ‘Magic Show’, Victoria Ashley, July 2009

Relevant peer-reviewed papers (posted on Journalof911Studies.com):

Flight AA77 on 9/11: New FDR Analysis Supports the Official Flight Path Leading to Impact with the Pentagon, Frank Legge, (B.Sc.(Hons.), Ph.D.) and Warren Stutt, (B.Sc.(Hons.) Comp. Sci.)  January 2011

What hit the Pentagon? Misinformation and its Effect on the Credibility of 9/11 Truth, Frank Legge, (B.Sc.(Hons.), Ph.D.), July 2009 (updated Feb 2010)

There was a time in the four years after 9/11 when I simply assumed that the official story of the destruction of the WTC Twin Towers on 9/11 was true.  One could say that I “endorsed” the official story based on what I knew at the time, but as I learned more, my opinion of what happened to those buildings evolved radically. John Maynard Keynes, father of Keynesian Economics, once said: “When the facts change, I change my mind. What do you do, sir?” A similar evolution has occurred in relation to my view of CIT’s work.

I strongly recommend that people who care to research what happened at the Pentagon take personal responsibility for forming their own conclusions by acquainting themselves with a wide range of analysis done by people who have come before them rather than jumping to conclusions based on a skewed selection of evidence and argument, or being unduly influenced by any type of authority figure.  Use your own discernment, based on your use of the scientific method to arrive at a coherent theory that you can confidently stand behind.

One of the authors cited above, Frank Legge, PhD., admonishes us to adopt a “prudent approach” to the Pentagon piece of the 9/11 puzzle.  In the end he wisely advocates the “precautionary principle” which is to “assert only what we can truly know,” given the contradictory evidence, misinformation, disinformation, and lack of information from official sources, and the difficulty in verifying much of it, years after the fact and with inadequate resources.

Legge concludes that there is prima facie evidence that “the official explanation of the event at the Pentagon is false and that a cover-up exists. He concludes as well this negative hypothesis: that there is “no proof that a 757 did not hit the Pentagon.”  And, since officials are holding the cards (videos) as to what did or didn’t hit the Pentagon, Dr. Legge’s recommendation is that investigators take care to avoid publicly asserting that the 757 did not hit the Pentagon”.

We can all agree that no hijacked plane should have been able to violate the airspace of our nation’s capital and hit the headquarters of the most sophisticated defense system in the world – an hour and a half after the assault began on the Twin Towers.

The 9/11 Truth movement will be more likely to succeed in its effort to educate the public about the Pentagon by focusing on those areas of greatest agreement.

Sincerely,

Richard Gage, AIA