Tag Archives: DOJ

Biggest Nunes Memo Revelations Have Little To Do With Its Content

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By Caitlin Johnstone

Source: Consortium News

It’s fitting that the ever-tightening repetitive loops of America’s increasingly schizophrenic partisan warfare finally hit peak shrillness and skyrocketed into a white noise singularity on Groundhog Day. Right now, we’re right about at the part of the movie where Bill Murray is driving over a cliff in a pickup truck with a large rodent behind the wheel.

If you only just started paying attention to U.S. politics in 2017 what I’m about to tell you will blow your mind, so you might want to sit down for this: believe it or not, there was once a time when both of America’s mainstream political parties weren’t screeching every single day that there was news about to break any minute now which would obliterate the other party forever. No Russiagate, no Nunes memo, no Rachel Maddow red yarn graphs, no Sean Hannity “tick tock,” no nothing. People screaming that the end is nigh and it’s all about to come crashing down were relegated to street corners and the occasional Infowars appearance, not practicing mainstream political punditry for multimillion dollar salaries on MSNBC and Fox News.

I’m not saying it’s a bad thing that Americans are starting to look critically at the power dynamics in their country, but the partisan filters they’ve pulled over their eyes are causing mass confusion and delusion. Now everyone who questions the CIA is a Russian agent and the term “deep state” suddenly means “literally anyone who doesn’t like Donald Trump.” Your take on the contents of the Nunes memo will put you in one of two radically different political dimensions depending on which mainstream cult you’ve subscribed to, and it will cause you to completely miss the point of the entire ordeal.

The part of the memo that has everyone talking today reads as follows: “Furthermore, Deputy Director McCabe testified before the Committee in December 2017 that no surveillance warrant would have been sought from the FISC without the Steele dossier information.”

This refers to a surveillance warrant requested by the FBI’s then-Deputy Director Andrew McCabe from the Foreign Intelligence Surveillance Court seeking permission to spy on the communications of Carter Page, a member of the 2016 Trump campaign. The controversy revolves around the claim that this surveillance warrant would never have even been requested if not for the clearly biased, Clinton-funded, and error-riddled Christopher Steele dossier which is acknowledged even by its former MI6 author to be 10 to 30 percent inaccurate.

Combine that with the fact that this has never been made clear to the public, and baby you’ve got yourself a scandal. The FBI knowingly using extremely tainted evidence from one presidential campaign to get permission to spy on another would indeed be a very big deal.

There are some problems with the “BOOM! Bigger than Watergate!” exclamations that pro-Trump partisans have been parading around about this, however. The first is that the memo is only an internal communication between Republican congressmen; it’s not a sworn testimony or legal transcript or anything legally binding. It’s basically just some Republican ideas about what happened. The assertions made therein are reportedly being hotly contested by Democrats with knowledge of the situation, which is in turn being disputed by Republicans.

Another thing putting a damper on the GOP’s “KABOOM!” parade is the fact that the memo’s contents are not even entirely new; CNN reported way back in April of last year that sources had informed them that the Steele dossier had been used to get a FISA warrant on the Trump campaign. Additionally, even if every single allegation in the memo is true, the revelations are still arguably far less earth shattering than the Edward Snowden revelations of 2013 exposing the NSA’s sprawling domestic espionage network, so the expectation that these less significant new revelations would cause a radical transformation in U.S. politics when the Snowden revelations did not seems highly unrealistic.

Nonetheless, there have been some extremely important revelations as a result of this memo; they just haven’t come from the contents of the memo itself. In the same way that cybersecurity analysts observe the metadata underlying hacked files rather than the contents of the files themselves, political analysts have been pointing out that a lot can be learned about the political establishment by looking at its response to the possibility of the memo’s release.

“Memo is clearly not a blockbuster. We can tell so by reading it. Which makes Dems’ frantic efforts to prevent anyone from reading it seem even more bizarre,” observed TYT’s Michael Tracey. “Veracity of memo’s claims aside, we were told that its release would undermine the rule of law. So, just checking: is the rule of law still in tact?” he added later.

“Now it is clear to all,” WikiLeaks’ Julian Assange tweeted. “The claims about how the ‘Nunes’ memo would destroy ‘national security’ were lies. Classification stickers are used by bureaucrats trying to obtain ‘political security’ for their cronies.”

“One effect of the memo – it’s an example of how extensively we overclassify information,” wrote National Review’s David French. “I’m highly dubious that any information disclosed threatens national security in any way, shape, or form. I’d be willing to bet the Dem response is similarly harmless. Release it.”

Indeed, both the FBI and high-profile Democrats have been claiming that the memo’s unredacted release would pose a national security threat, with California Congressman (and virulent Russiagater) Eric Swalwell going so far to call it “brainwashing.” A CNN panelist wandered completely off the paddock and suggested that yesterday may have been America’s last day as a democracy. Why were they all flipping out so hysterically over a release of information that plainly poses no threat to the American people?

In addition to Assange’s assertion that government secrecy has far less to do with national security than political security (a claim he has made before which seems to be proving correct time and time again), there’s the jarring question posed by Republican Congressman Thomas Massie: “who made the decision to withhold evidence of FISA abuse until after Congress voted to renew FISA program?”

Whoa, Nelly. Hang on. What is he talking about?

It would be understandable if you were unaware of the debate over the reauthorization of FISA surveillance which resulted in unconditional bipartisan approval last month – the mainstream media barely touched it. In point of fact, though, the very surveillance practices alleged to have been abused in this hotly controversial memo are the same which was waved through by both the House and the Senate, and by the very same people promoting the memo in many cases.

The McCabe testimony was in December. FISA was renewed in January. Why is all this just coming out now? If the Republicans truly believed that McCabe said what the memo claims he said, why wasn’t the public informed before their elected representatives renewed the intelligence community’s dangerously intrusive surveillance approval? Was this information simply forgotten about until after those Orwellian powers had been secured?

Of course not. Don’t be an idiot.

This makes the kicking, screaming, wailing and gnashing of teeth by the political establishment make a lot more sense, doesn’t it? Now suddenly we’re looking at a he-said, she-said partisan battle over an issue which can only be resolved with greater and greater transparency of more and more government documents, and we can all see where that’s headed. In their rush to win a partisan battle and shield their president from the ongoing Russiagate conspiracy theory, the Republicans may have exposed too much of the establishment foundation upon which both parties are built.

The term “deep state” does not mean “Democrats and Never-Trumpers” as Republican pundits would have you believe, nor does the term refer to any kind of weird, unverifiable conspiracy theory. The deep state is in fact not a conspiracy theory at all, but simply a concept used in political analysis for discussing the undeniable fact that unelected power structures exist in America, and that they tend to form alliances and work together in some sense.

There is no denying the fact that plutocrats, intelligence agencies, defense agencies and the mass media are both powerful and unelected, and there is no denying the fact that there are many convoluted and often conflicting alliances between them. All that can be debated is the manner and extent to which this is happening.

The deep state is America’s permanent government, the U.S. power structures that Americans don’t elect. These power structures plainly have a vested interest in keeping America’s Orwellian surveillance structures in place, as evidenced by the intelligence community’s menacingly urgent demand for FISA renewal back in December. If there’s any thread to be pulled that really could make waves in the way Official Washington (hat tip to the late Robert Parry) operates, it is in the plot holes between the bipartisan scramble toward unconditional surveillance renewal and the highly partisan battle over exposing the abuse of those very powers.

If we’re going to see a gap in the bars of our cages, that’s a great place to keep our eyes trained, so keep watching. Watch what happens in a partisan war where both parties have a simultaneous interest in revealing as little of the game as possible and exposing the other party. Things could get very interesting.

The Nunes Memo Only Partially “Vindicates” Trump, But it Fully Indicts the FBI and the FISA Court

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By Thomas L. Knapp

Source: The Fifth Column

On February 2, US president Donald Trump approved public release of a memo from the US House Intelligence Committee concerning FBI malfeasance in its applications for warrants to surveil Carter Page, a former member of his campaign team.

The following day, Trump triumphantly tweeted that the memo “totally vindicates” him in the ongoing “Russiagate” probe. It doesn’t really do that — proving a negative is always difficult — but it does add a great deal of credibility to his charge that the probe is a politically driven witch hunt rather than a serious criminal investigation.

According to the memo, the FBI based the probable cause claim in its multiple surveillance applications to Foreign Intelligence Surveillance Court judge on two pieces of “evidence”:

1) A “minimally corroborated” (the FBI’s own words) dossier of political opposition research on Donald Trump, compiled by a British former spy in the pay of Trump’s political opponents; and

2) A Yahoo! News article based — although the FBI denied it — on leaks from that same foreign operative.

The memo also claims that at no point did the FBI apprise the judge of the political origins or “minimal corroboration” of the memo.

If these claims are true, then what happened was the equivalent of crazy Uncle J. Edgar going before a judge and using a picture of me with a Frisbee [TM] in the air behind me, taken by my angry ex-wife, as probable cause to believe that I’m from Mars, then asking for a warrant to search my garage for flying saucers.

As you may recall, this is the same FBI which (and the same FBI director who) amassed mountains of evidence that Trump’s opponent in the 2016 presidential election had committed multiple felonies in her grossly negligent handling of classified information as Secretary of State, yet recommended against prosecuting her because, well, she’s Hillary Clinton.

And as you may also recall, this is the same FISA court that, between 1979 and 2013 approved 35,434 warrant requests and denied 12.

How many of those 35,434 requests were backed by evidence no more substantial than that described in the Nunes memo?

How much more dumb and evidenceless did those 12 denied requests have to be to not get a pass?

And why did the same Republican Congress which just released this memo recently vote to renew Section 702 of the Foreign Intelligence Surveillance Act, giving even more expansive powers to organizations which have clearly used those powers abusively and without regard to even minimal standards of evidence?

Inquiring minds want to know.

Did Trump and/or his campaign team “collude” with the Russian government to manipulate the 2016 presidential election? I don’t know. But I do know that disguising a circus as an investigation isn’t likely  to shed real light on the matter.

 

Thomas L. Knapp (Twitter: @thomaslknapp) is director and senior news analyst at the William Lloyd Garrison Center for Libertarian Advocacy Journalism (thegarrisoncenter.org). He lives and works in north central Florida.

Release of Nunes memo throws anti-Russia campaign into disarray

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By Andre Damon

Source: WSWS.org

The Democratic Party was thrown into disarray Friday after the publication of a classified memo exposing as a factionally-motivated witch-hunt the investigation by leading intelligence agencies into the Trump administration’s alleged collusion with Russia.

The so-called Nunes memo, which Democratic lawmakers, US intelligence agencies, and major newspapers had been seeking to block for days, alleges that the FBI under the Obama administration used discredited sources and withheld key information to initiate a wiretap of former Trump campaign adviser Cater Page.

The Democrats responded to the prospective release of the Nunes memo with undisguised hysteria, declaring that it threatened National Security and was insufficiently deferential to the US intelligence agencies. Now that the memo has been released, Democrats’ claim that it contains sensitive national security secrets has been exposed as lies.

The memo, written by Republican House Intelligence Committee Chairman Devin Nunes, claims that the FBI obtained a Foreign Intelligence Surveillance (FISA) court authorization to wiretap Page in the fall of 2016 based on a memo compiled by former British intelligence official Christopher Steele.

The so-called Steele dossier, which was released to the public last year, made lurid allegations that Russian government officials had recordings of Trump engaging in “perverted sexual acts” with prostitutes “which have been arranged/monitored by the FSB [Russian intelligence service].” According to the Nunes memo, FBI director James Comey called the Steele Dossier “salacious and unverified” in congressional testimony in June 2017.

In perhaps its most explosive passage, the memo alleges that Andrew McCabe, a deputy FBI director who just stepped down this past week, testified before the House Intelligence Committee in December that “no surveillance warrant would have been sought… without the Steele dossier information.”

In addition, the FISA application “ignored or concealed [Steele’s] anti-Trump financial and ideological motivations,” i.e. the fact that his “research” had been funded by the Clinton campaign.

The Republican memo does not specify what information was collected by the wiretap, or whether it captured any conversations with Trump.

The contents of the memo are another demonstration of the manufactured and partisan character of the anti-Russia campaign and the Democrats’ allegations that Trump “colluded” with Russia. What is playing out is a partisan battle between two criminal and reactionary factions of the state apparatus, centering ultimately around differences over foreign policy.

The release of the memo once again underscores the fact that the US intelligence agencies have massively intervened in US politics. This is true not only with regard to the concocted narrative about “collusion” between Trump and Russia, but equally so with James Comey’s public announcement about re-opening an investigation into Hillary Clinton’s emails just days before the presidential vote, which Clinton claimed may have cost her the election.

The memo has undermined the aura of professional impartiality that the Democrats and their semi-official news outlets, the New York Times and the Washington Post, have sought to cultivate around the so-called “intelligence community.”

The real fear of Democrats is that the exposure of the anti-Russia campaign will undermine the credibility of the FBI. “The selective release and politicization of classified information sets a terrible precedent and will do long-term damage to the intelligence community and our law enforcement agencies,” declared Rep. Adam Schiff of California, the ranking Democrat on the House Intelligence Committee, on Friday.

Schiff added, “If potential intelligence sources know that their identities might be compromised when political winds arise, those sources of vital information will simply dry up, at great cost to our national security.”

But all such arguments about “national security” have been rendered absurd by the release of the document, which contained no sensitive information besides the wrongdoing of the FBI and the Democrats—including Schiff himself.

In an editorial published Friday, ahead of the document’s publication, the New York Times accused congressional Republicans of “undermining the credibility of the law enforcement community,” which they had “once defended so ardently.”

It was left to the satirical news website the Onion to point out the obvious absurdity of such arguments:

Stressing that such an action would be highly reckless, FBI Director Christopher Wray warned Thursday that releasing the “Nunes Memo” could potentially undermine faith in the massive, unaccountable government secret agencies of the United States. “Making this memo public will almost certainly impede our ability to conduct clandestine activities operating outside any legal or judicial system on an international scale,” said Wray, noting that it was essential that mutual trust exist between the American people and the vast, mysterious cabal given free rein to use any tactics necessary to conduct surveillance on U.S. citizens or subvert religious and political groups.

Responding to the Democrats’ allegations that the publication of the document would threaten “national security,” journalist Glen Greenwald tweeted, “What conceivable argument is there that any part of the Nunes Memo could jeopardize national security?”

The Times editorial effectively argues that no documents critical of the actions of the US intelligence apparatus should be published. To make this point, the Times quotes Democratic Senator Ron Wyden, who argued against the release of the memo on the grounds that the public would “see this release as proof that selective classification is used more often to deceive them than to protect them.”

But it is, of course true that “selective classification” is used to deceive the American people. This was demonstrated by the release of the classified Pentagon Papers in 1971, which documented how flagrantly and extensively the Kennedy, Johnson, and Nixon administrations lied to the American people about the Vietnam War.

As The Post, the recently-released film by Stephen Spielberg effectively documents, the New York Times and Washington Post made the decision at the time to defy the Nixon administration and publish the Pentagon Papers, rejecting the spurious argument that their publication would harm “national security.”

The editorial published in the Times Friday reads like a cruder version of the arguments put forward by the Nixon White House to block the release of the Pentagon Papers. If one were to take the editorial at face value, one would conclude that, if the Times had the Nunes memo in its sole possession, it would never have published it.

The Times has become little more than a mouthpiece for the US intelligence agencies, whose aim is to prevent the dissemination of any information that they see as harmful to the interests of the American ruling class and the capitalist state.

Stormy Weather

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By James Howard Kunstler

Source: Kunstler.com

For those of us who are not admirers of President Trump, it’s even more painful to see the Democratic opposition descend into the stupendous dishonesty of the Russian Collusion story. When the intelligentsia of the nation looses its ability to think — when it becomes a dis-intelligentsia — then there are no stewards of reality left. Trump is crazy enough, but the “resistance” is dragging the country into dangerous madness.

It’s hard not to be impressed by the evidence in the public record that the FBI misbehaved pretty badly around the various election year events of 2016. And who, besides Rachel Maddow, Anderson Cooper, and Dean Baquet of The New York Times, can pretend to be impressed by the so far complete lack of evidence of Russian “meddling” to defeat Hillary Clinton? I must repeat: so far. This story has been playing for a year and a half now, and as the days go by, it seems more and more unlikely that Special Prosecutor Robert Mueller is sitting on any conclusive evidence. During this time, everything and anything has already leaked out of the FBI and its parent agency the Department of Justice, including embarrassing hard evidence of the FBI’s own procedural debauchery, and it’s hard to believe that Mr. Mueller’s office is anymore air-tight than the rest of the joint.

If an attorney from Mars came to Earth and followed the evidence already made public, he would probably suspect that the FBI and DOJ colluded with the Clinton Campaign and the Democratic Party to derail the Trump campaign train, and then engineer an “insurance policy” train wreck of his position in office. Also, in the process, to nullify any potential legal action against Clinton, including the matter of her email server, her actions with the DNC to subvert the Sanders primary campaign, the Steele dossier being used to activate a FISA warrant for surveillance of the Trump campaign, the arrant, long-running grift machine of the Clinton Foundation (in particular, the $150 million from Russian sources following the 2013 Uranium One deal, when she was Secretary of State), and the shady activities of Barack Obama’s inner circle around the post-election transition. There is obviously more there there than in the Resistance’s Russia folder.

I don’t even understand why Robert Mueller ever had credible standing to preside over this special investigation. He is, after all, the close friend and once-mentor of the figure who is very likely the fulcrum in any case against Trump: James Comey, the former FBI director fired by Trump — theoretically to obstruct justice, the keystone in the effort to find an impeachable offense.

I’m not comfortable acting as a supporter or defender of Trump, but I’m even less comfortable with the appearance of a rogue security and law enforcement apparatus gone blatantly political. The so far poorly-explained antics at the FBI and DOJ reflect badly on all vested authority in the country — and especially for any faction that pretends to be on the side of justice. This is a much larger problem than the public debate seems to recognize. We are not far from a point where nobody will be able to believe anything official in this land.

I remain convinced that this circus of scandal and counter-scandal will not necessarily be resolved by the legal machinery, at least not in any meaningful time frame that would allow the political establishment to pull its head out of its ass and actually start paying attention to the public interest. Rather, the circus tent will just blow down in the financial crisis that is spinning toward the US mainland like a superstorm. Mr. Trump now has full, gold-plated ownership of the parabolic stock market, a shuddering bond market, a wobbling currency, and an implacable debt quandary. These are conditions that can blow a society up for real.

Washington D.C. is Swarming With Unaccountable Parasites

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By Michael Krieger

Source: Liberty Blitzkrieg

In theory, Americans should be proud of their national capital and all the important work that gets done there. In theory.

In reality, our nation’s capital is an utter cesspool of self-serving, unethical and unaccountable parasites. We all know it and, even worse, it’s probably a hundred times more grotesque than we can imagine. A distressingly high number of people attracted to this swamp don’t go there to do good public work or help the American people. They go in order to enrich themselves at our expense.

A particularly degenerate strain of D.C. cretin is the lobbyist. These people swarm into Washington to influence the purse-strings of the U.S. government and funnel as much American treasure as possible in the direction of their clients, including Wall Street oligarchs, defense contractors and barbaric foreign monarchies like Saudi Arabia. We’re told that Washington D.C. exists specifically to protect and benefit the American public, yet the average citizen is the one constituency which has virtually no actual representation there. Helping the vulnerable doesn’t pay very well.

Over the past couple of days, I’ve be reading political stories describing the “beltway buzz” in the aftermath of the Paul Manafort and Rick Gates indictments. I’ve found these articles quite instructive. The common theme is that hordes of the shady crooks who operate in D.C., and add absolutely zero value to society, are panicking that their gravy train of legalized corruption may be coming to an end.

To see what I mean, let’s examine two recently published articles. First from Politico:

Washington lobbyists who represent foreign powers have taken comfort for decades in the fact that the Justice Department rarely goes after them for potentially breaking the law. That all changed on Monday.

The two-tier justice system works quite nicely for D.C. crooks.

The news of Tony Podesta’s resignation from his namesake firm and indictment of Paul Manafort and Rick Gates sent K Street scrambling, as lobbyists rushed to make sure they’re in compliance with the rules. The developments also renewed calls for Congress to pass legislation beefing up the Justice Department’s enforcement of the law, which lawmakers in both parties have derided for lacking teeth.

“Firms are going to be even more careful than they have been in the past in the foreign lobbying arena,” said Trent Lott, the former Senate majority leader who’s now a lobbyist at Squire Patton Boggs, where his foreign clients have included Saudi Arabia and Turkey.

Prosecutions of violations of the Foreign Agents Registration Act — which requires lobbyists who represent foreign governments, political parties and other groups seeking to influence American foreign policy to register with the Justice Department — are rare. And it’s not clear whether the Justice Department will follow special counsel Robert Mueller’s lead and start cracking down on foreign lobbying violations.

The DOJ unit dedicated to enforcing FARA is small, and has focused in the past on prodding lobbyists to comply with the law voluntarily, rather than going after them by pressing criminal charges. Mueller’s willingness to indict Manafort and Gates instead of just hounding them to file has struck fear into lobbyists that they could be next.

If you’re a D.C. power player, you get asked politely to follow the law. Must be nice.

“It used to be [that the Justice Department would work with you to become compliant,” said another foreign lobbyist, who also spoke on condition of anonymity. “Now there’s a fear that they’ll just prosecute you.”

Oh, the horror. They might “just prosecute you” like a common peasant.

But the bar for criminal prosecution is high. Under the law, prosecutors can go after lobbyists only for willful violation of the law — a tough standard to prove.

“Policy makers are here to serve the interests of the American people, so we need to know when someone is pushing the priorities of a foreign interest,” Grassley said in a statement. “Unfortunately, we’ve seen time and again how lobbyists of foreign principals skirt existing disclosure laws to conceal their clients’ identities and agendas.”

But Lott said he wouldn’t hold his breath waiting for Congress to pass the legislation, especially with President Donald Trump still pushing to move a tax reform bill by the end of the year.

“There’s not much of anything happening right now in Congress, to be perfectly frank,” Lott said.

Of course not. Criminals run the place and they’re not going to prosecute themselves.

Now let’s turn to a few nuggets from a similarly themed BuzzFeed piece:

WASHINGTON – The threat of serving hard time for failing to disclose foreign lobbying work is rattling Washington’s multi-billion dollar influence industry following Monday’s 12-count indictment against Donald Trump’s former campaign chairman Paul Manafort and his deputy, Rick Gates.

And although the charges have largely been seen as a blow to the White House, Monday’s actions by special prosecutor Robert Mueller also sent shivers down the spines of Washington’s lobbyists, both Democrats and Repulicans.

“It’s a swampy place, and the swampy stink knows no partisan allegiance,” said one senior Democratic congressional aide.

A September 2016 report by the Justice Department’s inspector general identified a series of problems with how DOJ had handled FARA cases in the past. There was disagreement within the department about what types of cases should be prosecuted, the inspector general’s office found, and the FBI felt DOJ attorneys were slow in reviewing FARA cases and reluctant to sign off on criminal charges. The report also found that the FBI and local federal prosecutors reported feeling frustrated at being overruled by attorneys from the National Security Division about cases that they believed were worth pursuing.

Hold on a minute, what the heck is the “National Security Division” and why is it preventing rank and file FBI agents from prosecuting criminal lobbyists?

So that’s how the law works for D.C. lobbyists. Let’s now examine what happens if you’re a protester who happened to be in the wrong place at the wrong time during Donald’s Trump inauguration.

What follows are some very disturbing excerpts from a must read article published in The Nation, The Prosecution of Inauguration-Day Protesters Is a Threat to Dissent:

Late next month, the first mass trial will be held for some of the roughly 200 people facing years—or even decades—in prison after being arrested during an anti-capitalist, anti-fascist protest that took place on the day of Donald Trump’s inauguration. The “J20” cases, as they are known, offer a glimpse at the treatment of dissent in this country, and the story they tell is one of overreach and criminalization. Defense lawyers have described the government’s approach as “unprecedented,” its indictments as “littered with fatal irremediable defects.” Sam Menefee-Libey of the DC Legal Posse, a group of activists who provide support to the defendants, was more blunt, criticizing the cases as “blatant political prosecutions” designed to “chill resistance.”

The story of the J20 protesters should frighten anyone concerned about the future of both free assembly and dissent in the United States. The charges—which include felony rioting, inciting or urging others to riot, conspiracy to riot, and property destruction—all stem from the same mass arrest, during which police indiscriminately swept up protesters, journalists, and legal observers. What makes the charges all the more troubling is that prosecutors then failed to allege that the bulk of defendants did anything specifically unlawful; rather, merely being at the protest was a crime.

A case in point: The prosecution charged all of the defendants (at one point numbering 214) with breaking the same windows. Prosecutors, of course, know that 200 people cannot break the same windows. But the logic of the case dictates that the defendants’ mere presence at a protest during which property damage occurred makes them guilty…

Few people dispute that property destruction took place during the march. Some individuals smashed windows, including those of a Bank of America branch and a limousine; prosecutors allege that there was more than $100,000 in property damage and that six police officers received minor injuries. Where things get thorny is that many of the people who have been charged did not commit property damage or violence but have been deemed guilty by their mere presence at the protest.

The problems began during the arrests themselves—arrests deemed so troubling that the ACLU has brought a lawsuit against the Metropolitan Police Department (MPD) accusing its members of using excessive force, making unconstitutional arrests, and more.

Among the controversial practices police engaged in that day, lawyers and observers say, was a tactic called “kettling.” Kettling is a form of indiscriminate mass arrest, wherein police block off a given area and arrest everyone within it. To be lawful, an arrest requires probable cause based on individual suspicion. Yet, inevitably, this heavy-handed tactic often sweeps up other protesters and bystanders whose only offense was their physical proximity to the alleged crime. Indeed, a report on the inauguration by the DC Office of Police Complaints noted that “it seems that proximity to the area where property damage occurred was a primary factor” in the arrests.

The mass arrests gave birth to the next government overreach, mass “felony riot” charges against those arrested. Felony rioting carries a penalty of up to 10 years in prison and a $25,000 fine, and applies when the alleged riot results in more than $5,000 in property damage. This is opposed to misdemeanor rioting, which can get you only 180 days in jail.

Attorneys who have long represented protesters in DC report never having encountered mass felony charges stemming from a protest before. Not the least of the reasons is that it’s difficult to produce enough evidence to sustain felony charges against dozens—or in this case, some 200—people. Yet, rather than backing down, prosecutors expanded the case by filing additional charges, and, in April, a grand jury returned a superseding indictment that added inciting or urging to riot and conspiracy to riot to the list of crimes. These new charges brought the number of felony counts up from one to eight and the amount of time defendants could face from 10 years to more than 70 years in prison.

The government’s overarching theory, then, seems to be one of guilt by association. Or that, as Assistant US Attorney Jennifer Kerkhoff asserted during a hearing about dismissing the charges, it is “the group that is the danger, the group that is criminal.” Thus one need not have committed an act of vandalism as an individual; just being present at the protest makes one guilty. (The DoJ declined to comment for this story, as the cases are currently pending.)

Among those swept up in this overbroad approach was a group of at least seven journalists who were covering the J20 protests. While prosecutors ultimately dismissed the felony rioting charges against the bulk of the journalists nearly as quickly as they were filed, two journalists remain in the crosshairs: Aaron Cantú, then a freelancer who has published with The Nation and The Intercept, and Alexei Wood, who livestreamed the event. In April a grand jury brought a superseding indictment of eight felony charges against both reporters along with the other defendants. They face as many as 70 years in prison, possibly more.

The indictment against Cantú deploys the same guilt-by-association approach that mars the entire case. Per prosecutors, Cantú moved in proximity to the march—something that would be necessary in order for him to do his job as a journalist. But prosecutors have additional evidence against Cantú: He wore the color black.

A Monster Eating the Nation

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By James Howard Kunstler

Source: Kunstler.com

Is there any question now that the Deep State is preparing to expel President Donald Trump from the body politic like a necrotic organ? The Golden Golem of Greatness has floundered pretty badly on the job, it’s true, but his mighty adversaries in the highly politicized federal agencies want him to fail spectacularly, and fast, they have a lot of help from the NY Times / WashPo / CNN axis of hysteria, as well as such slippery swamp creatures as Lindsey Graham.

There are more problematic layers in this matter than in a Moldavian wedding cake. America has been functionally ungovernable for quite a while, well before Trump arrived on the scene. His predecessor managed to misdirect the nation’s attention from the cumulative dysfunction with sheer charm and supernatural placidity — NoDrama Obama. But there were a few important things he could have accomplished as chief exec, such as directing his attorney general to prosecute Wall Street crime (or fire the attorney general and replace him with someone willing to do the job). He could have broken up the giant TBTF banks. He could have aggressively sponsored legislation to overcome the Citizens United SOTUS decision (unlimited corporate money in politics) by redefining corporate “citizenship.” Stuff like that. But he let it slide, and the nation slid with him down a greasy chute of political collapse.

Which we find embodied in Trump, a sort of tragicomic figure who manages to compound all of his weaknesses of character with a childish impulsiveness that scares folks. It is debatable whether he has simply been rendered incompetent by the afflictions heaped on by his adversaries, or if he is just plain incompetent in, say, the 25th Amendment way. I think we’ll find out soon enough, because impeachment is a very long and arduous path out of this dark place.

The most curious feature of the current crisis, of course, is the idiotic Russia story that has been the fulcrum for levering Trump out of the White House. This was especially funny the past week with the episode involving Russian Foreign Minister Lavrov and Ambassador Kislyak conferring with Trump in the White House about aviation security around the Middle East. The media and the Lindsey Graham wing of the Deep State acted as if Trump had entertained Focalor and Vepar, the Dukes of Hell, in the oval office.

Why do you suppose nations employ foreign ministers and ambassadors, if not to conduct conversations at the highest level with other national leaders? And might these conversations include matters of great sensitivity, that is, classified information? If you doubt that then you have no understanding of geopolitics or history.

The General Mike Flynn story is especially a crack-up. Did he accept a twenty thousand dollar speaking fee from the Russian news outlet RT in his interlude as a private citizen? How does that compare to the millions sucked in by the Clinton Foundation in pay-to-play deal when Madame was secretary of state? Or her six-figure speeches to Goldman Sachs and their ilk. Are private citizens forbidden to accept speaking fees or consulting fees from countries that we are not at war with? I’d like to know how many other alumni of the Bill Clinton, Bush-II and Obama admins have hired themselves out on this basis. Scores and scores, I would bet.

Trump’s adversaries might not get any traction on the Russia story, but they may enrage the rogue elephant Trump enough in the process that he will appear sufficiently incompetent to run him over with the 25th Amendment, and I think that is the plan for now. Of course, there are some jokers in the deck. A really striking one is the story of murdered DNC staffer Seth Rich last July. He was shot in the back on the street outside his apartment one night by persons as yet unknown, and twelve days later over 40,000 DNC emails landed at Wikileaks. His laptop is reportedly in the possession of the DC cops — if it hasn’t been dumped in the Potomac. I’m generally allergic to conspiracy theories, but this looks like an especially ugly story, which might ultimately be clarified if-or-when Julian Assange of Wikileaks ever divulges the source of that data dump. Anyway, the new Special Counsel at the DOJ, former FBI Director Robert Mueller, may have to venture down that dark trail.

One way or another, though, the Deep State is determined to drive Trump from office. In the final rounds of this struggle, Trump might conceivably undertake a sudden swamp-draining operation: the firing of a great many politicized Intelligence Community officers, especially the ones legally culpable for leaking classified information to media — another area that Mr. Mueller could also shine a light on. The colossal security apparatus of this country — especially the fairly new giant NSA — has become a monster eating America. Somebody needs to literally cut it down to size. Perhaps that’s the Deep State’s main motive in moving heaven and earth to dump Trump.

When they do, of course, they are libel to foment an insurrection every bit as ugly as the dust-up that followed the shelling of Fort Sumter. Trump, whatever you think of him — and I’ve never been a fan, to put it mildly — was elected for a reason: the ongoing economic collapse of the nation, and the suffering of a public without incomes or purposeful employment. That part of the common weal is liable to completely whirl down the drain later this year in something like a currency crisis or a depressionary market meltdown engineered by yet another Deep State player, the Federal Reserve. That and the ejection of Trump could coincide with disastrous results.

War, Repression and International Gangsterism: U.S. State Policy From Benghazi to Baltimore

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By Ajamu Baraka

Source: CounterPunch.org

A mere two months after clashes between black youth and police in Baltimore following the murder of Freddie Gray while in police custody, President Obama’s Department of Justice (DOJ) announced the indictment of twenty-four year old Raymon Carter for his alleged involvement in the torching of a CVS pharmacy. The national government’s intervention into the case had an unmistakable message – if you engage in “unauthorized” forms of resistance – in this case, crimes against property – expect to confront the full power of the national government.

U.S. Attorney Rod J. Rosenstein made it even clearer: “Anyone in the future who participates in a ‘riot’ should know that police, prosecutors and citizens will track them down and send them to prison.”

This aggressive and speedy move on the part of the DOJ to criminalize poor, black kids in Baltimore differed sharply from the DOJ approach to high government officials, armed servants of the state at the local level and the big banks and investment firms. For the officials involved in torture under the Bush Administration, the financial gangsters who engineered the 2008 economic crisis, and the killer cops across the country who have yet to experience one indictment from Obama’s DOJ after months of “investigations,” DOJ-granted impunity has been the operative principle in practice.

But Obama’s DOJ has not been the only state institution involved in providing cover and impunity for repression and criminality in the service of the capitalist oligarchy.

Impunity for State Terrorism: the Real Story of Benghazi

What might seem oppositional and important in the game of U.S. politics is usually insignificant and diversionary. Hillary Clinton’s appearance before the House Select Committee, ostensibly established to conduct a bi-partisan investigation into the events that led to the death of Christopher Stevens and three other U.S. citizens on September 11, 2012, was a case in point.

Despite the supposed acrimony between the two ruling class parties in Congress, an ideological consensus exists around the overall strategic commitment to maintain U.S. global dominance. On that ultimate objective both corporate parties share an interest in shifting public attention away from state policies and actions that demonstrate the state’s absolute commitment to the principle of “by any means necessary” for maintaining and advancing the interests of the White supremacist, patriarchal, colonial/capitalist order.

For example, initially the Republican majority’s decision to launch another investigation into the events of 2012 was met with a considerable amount of consternation on the part of some democrats who saw the investigation as just another effort to sabotage Clinton’s run for the Presidency. However, when the republicans settled on the issue of Clinton’s emails the democrats were concerned that Clinton’s use of a private server might cause some embarrassment for her candidacy, but it was also clear that the hearings were going to be rigged and the real questions related to Benghazi would never be raised.

If the House Committee had really been committed to public accountability and surfacing the truth, there were a number of questions that could have been raised such as: 1) what was the role of the facility that was attacked? Was it a U.S. Consulate, a CIA facility or some other entity? 2) Why were those facilities set up so quickly even before a stable government was established in the aftermath of the destruction of the Libyan state? 3 ) Why were there estimated to be more than twenty CIA personnel on the ground in Benghazi just miles from the facility on the night of the attack and what was the mission of those CIA personnel? And 4) Why did the U.S. government contract with an organization to provide security for the facility that had clear ties to Jihadist groups that the U.S. considered as part of the international terrorist networks?

These kinds of questions that would have delved into U.S. involvement in Libya were not raised for two reasons: 1) The Syrian issue – Congress didn’t want the public to focus too much attention on the question of the timeline of U.S. involvement. Although many right-wing republicans were upset that the Obama administration was not more aggressive with more open and direct support for its regime change strategy, everyone in Congress knows that the narrative of reluctant and recent involvement on the part of the Obama administration in the events in Syria is pure fiction. And 2) elements in congress and the Obama administration, with the full collaboration of the corporate press, have suppressed the facts around the mission of the CIA and the role of the State Department in Libya during the period leading to the attack on the two compounds because those activities contravened both U.S. and international law.

Investigative journalist Seymore Hersh revealed that a classified annex to a report prepared by the Senate Intelligence Committee on Benghazi that was not made public, discussed a secret agreement made in early 2012 between the Obama and Erdogan administration in Turkey to run an arms supply line from Libya using arms secured with the overthrow of the Libya state to the so-called rebel forces in Syria. The operation was run by CIA director David Petraeus, and the elements that received support included jihadist groups, including the Al Nusrah Front, al-Qaeda’s official Syrian affiliate.

So even though information on the real role of the U.S. in the war in Syria is getting more coverage, the elites in Congress and the Administration were still not interested in calling too much attention to the fact that the U.S. provided material support to groups that it defined as terrorists which technically under U.S. law should have made that assistance prosecutable.

Vice President Joe Biden even stated publically that governments allied with the U.S. and their nationals were supplying arms to elements that they knew were terrorists and U.S. officials knew it:

“They poured hundreds of millions of dollars and thousands of tons of weapons into anyone who would fight against Assad. Except that the people who were being supplied were al-Nusra and al-Qaeda and the extremist elements of jihadist coming from other parts of the world. “

Yet not one of these individuals or government officials, many who travel on a regular basis to the U.S. and other Western nations have been charged or had sanctions applied to them. In fact, in a pathetic and disingenuous comment, Biden claims that even though it was pointed out to those states by U.S. officials that their support was going to extremist jihadists forces – “We could not convince our colleagues to stop supplying them.”

Obviously for the Obama Administration charging them, freezing their bank accounts, slapping sanctions on the government as was done with the governments and individuals in Iran and Russia was out of the question.

This is why for anyone whose vision is not distorted by the myopia of white supremacist, capitalist ideology, the crude class politics of the DOJ’s decision to prosecute the young resisters in Baltimore is so outrageous.

Benghazi is only a symptom of a pattern of criminal activity on the part of U.S. officials from both parties. From the illegal attacks on Iraq and Libya, subversion in Syria and Venezuela, surveillance, police state repression and mass incarceration domestically, coups in Honduras and Haiti, support for genocide in Yemen, and the continued occupation of Palestine, it is clear that what unites the elites of both parties is their unshakable commitment to maintaining the power of the U.S./EU/NATO axis of domination as the institutional expressions of concentrated white power for as long as possible.

In the meantime, Raymon Carter is facing years in prison because the state claims it has a right to hunt down and prosecute who it defines as criminals.

But the social world is not static and the balance of forces is shifting. One day using that same logic but informed by an alternative ethical framework that centers real justice, the people will be in a position to hunt down and bring to justice the international colonial gangsters who destroy our earth, torture, exploit and bring death to countless millions.

Ajamu Baraka is a human rights activist, organizer and geo-political analyst. Baraka is an Associate Fellow at the Institute for Policy Studies (IPS) in Washington, D.C. and editor and contributing columnist for the Black Agenda Report. He is a contributor to “Killing Trayvons: An Anthology of American Violence” (CounterPunch Books, 2014). He can be reached atwww.AjamuBaraka.com