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Peter van Buren

Supreme Court Rules in Favor of TSA Whistleblower Robert MacLean

Friday February 6, 2015

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Whistleblower laws exist because government officials do not always act in the nation’s best interests.

The Obama administration, in its war on whistleblowers, just lost a major battle. Major in its venue — the Supreme Court — and major in its implications for future whistleblower cases.

The Court’s decision in Department of Homeland Security v. Robert MacLean curtails the government’s manipulation of pseudo-classified information to punish whistleblowers, and strengthens the Whistleblower Protection Act (WPA).

The Facts

In July 2003, TSA alerted all marshals of a possible hijacking plot. Soon after, TSA sent an unclassified, open-air text message to marshals’ cell phones canceling several months of missions to save on hotel costs. Fearing such cancellations in the midst of a hijacking alert created a danger to the flying public, veteran Air Marshal Robert MacLean tried to get TSA to change its decision.

After hitting a dead end, MacLean spoke anonymously to MSNBC, who published a critical story. Only 24 hours later, and after 11 members of Congress voiced concern, TSA reversed itself, putting marshals back on the flights. A year later, MacLean appeared on TV in disguise to criticize agency policies he felt made it easier for passengers to recognize undercover marshals. The TSA recognized MacLean’s voice and discovered he had also released the unclassified 2003 text message. He was fired in April 2006.
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America Is Open for Business in Iraq (Psst... Wanna Buy an M1 Tank?)

Thursday January 15, 2015

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The current American war in Iraq is a struggle in search of a goal. It began in August as a humanitarian intervention, morphed into a campaign to protect Americans in-country, became a plan to defend the Kurds, followed by a full-on crusade to defeat the new Islamic State (IS, aka ISIS, aka ISIL), and then... well, something in Syria to be determined at a later date.

At the moment, Iraq War 3.0 simply drones on, part bombing campaign, part mission to train the collapsed army the U.S. military created for Iraq War 2.0, all amid a miasma of incoherent mainstream media coverage. American troops are tiptoeing closer to combat (assuming you don't count defensive operations, getting mortared, and flying ground attack helicopters as “combat”), even as they act like archaeologists of America’s warring past, exploring the ruins of abandoned U.S. bases. Meanwhile, Shia militias are using the conflict for the ethnic cleansing of Sunnis and Iran has become an ever-more significant player in Iraq's affairs. Key issues of the previous American occupation of the country -- corruption, representative government, oil revenue-sharing -- remain largely unresolved. The Kurds still keep “winning” against the militants of IS in the city of Kobani on the Turkish border without having “won.”
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What Didn’t Happen in 2014: The Paranoia Year in Review

Tuesday January 6, 2015

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So how’s 2015 so far?

Outside playing on your hoverboard while Dad brings in the family helicopter? Mom inside serving up a hearty meal, all in pill form? Planning a trip to the Lunar Grand Hyatt? Enjoying a life free from all disease, war and hunger, courtesy of the alien overlord world government?

Good, good.

With 2015 underway, let’s take a quick look back at the highlights of government paranoia from 2014.

America’s War of Terror requires all of us (do your part!) to maintain a high state of fear while at the same time trusting our government to keep us safe. This means we need to be spoon-fed a constant stream of faux threats to Der Homeland to justify, whatever, without any of the threats coming true so we are pleased with what we are giving up in return for this faux security.
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Torture and the Destruction of the Human Being Shaker Aamer by the United States

Thursday December 18, 2014

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The Bush and Obama administrations have gone to extraordinary lengths to hide America’s archipelago of secret prisons and systems of torture. 

For all the empty talk of “transparency” being high-fived around following the Senate Report, they at first denied any of that nasty stuff even existed, then used an ever-so-compliant media to call it all necessary for our security and very survival, then shaping dumb-cow public opinion with ersatz terms like enhanced interrogation to keep the word torture out of the discourse, then having the CIA destroy videos of the brutality, then imprisoning officials, such as John Kiriakou, who sought to expose it all, then refusing to hold hearings or conduct investigations, then employing black ops to try and derail even a cursory Senate report and finally allowing the torturers at the CIA themselves the final word on the watered-down public version of a Senate report on torture. 

The Torture of Shaker Aamer by the United States 

Yet, like a water leak that must find it’s way out from inside the dark place within your walls, some things become known. Now, we can read a psychiatrist’s report which includes, in detail, the torture enacted on just one prisoner of the United States, Shaker Aamer.
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Torture and the Myth of Never Again: The Persecution of John Kiriakou

Thursday December 11, 2014

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In a Galaxy Far, Far Away

The United States sanctioned acts of torture by the Central Intelligence Agency and others. The acts took place in secret prisons (“black sites”) against persons detained indefinitely without trial. They were described in detail and explicitly authorized in a series of secret torture memos drafted by John Yoo, Jay Bybee, and Steven Bradbury, senior lawyers in the DOJ’s Office of Legal Counsel. (Office of Legal Counsel attorneys technically answer directly to the DOJ, which is supposed to be independent from the White House, but obviously was not in this case.) Not one of those men, or their Justice Department bosses, has been held accountable for their actions.

Some tortured prisoners were killed by the CIA. Attorney General Eric Holder announced recently that no one would be held accountable for those murders either. “Based on the fully developed factual record concerning the two deaths,” he said, “the Department has declined prosecution because the admissible evidence would not be sufficient to obtain and sustain a conviction beyond a reasonable doubt.”

Jose Rodriguez, a senior CIA official, admitted destroying videotapes of potentially admissible evidence, showing the torture of captives by operatives of the US government at a secret prison thought to be located at a Vietnam-War-era airbase in Thailand. He was not held accountable for deep-sixing this evidence, nor for his role in the torture of human beings.
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Voiceprints: Time to be Afraid Again

Tuesday November 18, 2014

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The end of privacy in the United States was brought about as much by technology as intention. Those who claim there is little new here — the government read the mail of and wiretapped the calls and conversations of Americans under COINTELPRO from 1956 to at least 1971, for example — do not fully understand the impact of technology.

Size Matters
The spying and compiling of information on innocent Americans by J. Edgar Hoover’s low-tech FBI is well-known; files, recordings and photos secretly obtained exposed the lives of civil rights leaders, popular musicians and antiwar protesters. You will likely think of additional examples, or they’ll be in the next batch of Snowden documents.

Technology now being employed by the NSA and others inside the US has never before existed, in scale, scope or sheer efficiency. Size matters. We are the first people in history to deal with this kind of threat to privacy. Avoiding even the majority of encroaching digitalization essentially means withdrawing from society.


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Iraq War 3.0: What Could Possibly Go Right?

Monday November 10, 2014

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Karl von Clausewitz, the famed Prussian military thinker, is best known for his aphorism “War is the continuation of state policy by other means.” But what happens to a war in the absence of coherent state policy?

Actually, we now know. Washington’s Iraq War 3.0, Operation Inherent Resolve, is what happens. In its early stages, I asked sarcastically, “What could possibly go wrong?” As the mission enters its fourth month, the answer to that question is already grimly clear: just about everything. It may be time to ask, in all seriousness: What could possibly go right?

Knowing Right from Wrong

The latest American war was launched as a humanitarian mission. The goal of its first bombing runs was to save the Yazidis, a group few Americans had heard of until then, from genocide at the hands of the Islamic State (IS). Within weeks, however, a full-scale bombing campaign was underway against IS across Iraq and Syria with its own “coalition of the willing” and 1,600 U.S. military personnel on the ground. Slippery slope? It was Teflon-coated. Think of what transpired as several years of early Vietnam-era escalation compressed into a semester.
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Why US Anti-ISIS Videos Don't Work

Thursday November 6, 2014

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The U.S., via the State Department, is spending considerable effort and money producing anti-ISIS videos and other media (actual example, above), the goal of which is to convince American and other would-be jihadis not to join ISIS. The efforts won’t work, almost can’t work. They fail to understand the way ISIS recruits and as such, can’t counter it.

Alcoholics Anonymous

The starting point is oddly Alcoholics Anonymous (AA). AA does not recruit per se; instead, they rely on attraction, not promotion. The difference is subtle but crucial. Long experience suggests people lured in any spur-of-the-moment, impulse decisions that actually require long-term commitment will almost certainly fail. AA won’t create a commitment, but rather relies on you to make a commitment. Ads for the organization never try to seduce or seek out members. Instead, the focus is on what AA is, and what it does for you if you participate. If you want what we have, sobriety, they say, then join us. Otherwise, thanks for listening.
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US Post Office Spying on Americans Without Oversight

Friday October 31, 2014

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The United States Postal Service disclosed it approved nearly 50,000 requests, called “mail covers,” last year alone from law enforcement to secretly monitor the snail mail of Americans.

An audit shows the surveillance program is more extensive than widely known and that oversight protecting Americans is lax: 21 percent of the covers examined were approved without even the minimal required written authorization and 13 percent that did have authorization “were not adequately justified.” The Post Office has no standing review procedures.

Mail Cover is Nothing New, But…

The Post Office helping spy on Americans per se is nothing new; its program to record your mail’s “metadata,” who sent what to whom, complete with addresses and date/time stamps, has existed in the form of an overt program detailed in federal law called “mail cover” since well before the term metadata was even invented. As mail cover does not involve reading the mail’s contents, only information on the outside of the envelope or package that could be read by anyone seeing the item, it is not considered by precedent a violation of the Fourth Amendment’s protections against unwarranted searches.

Official versions of mail cover are acknowledged as far back as World War I. But like many such things– wiretapping, border detentions, searches and seizures, old Executive Orders, signing statements– its former existence, restrained in theory and often in practice in Constitutional America, is largely irrelevant now to all but historians. What has happened post-9/11 to mail covers is what has happened to America.
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Seven Worst-Case Scenarios in the Battle With the Islamic State

Thursday October 16, 2014

You know the joke? You describe something obviously heading for disaster -- a friend crossing Worst CaseDeath Valley with next to no gas in his car -- and then add, “What could possibly go wrong?”

Such is the Middle East today. The U.S. is again at war there, bombing freely across Iraq and Syria, advising here, droning there, coalition-building in the region to loop in a little more firepower from a collection of recalcitrant allies, and searching desperately for some non-American boots to put on the ground.

Here, then, are seven worst-case scenarios in a part of the world where the worst case has regularly been the best that’s on offer. After all, with all that military power being brought to bear on the planet’s most volatile region, what could possibly go wrong?
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