The Criminal NSA Eavesdropping Program

Posted on May 5, 2010 by abby

SALON– While torture and aggressive war may have been the most serious crimes which the Bush administration committed, its warrantless eavesdropping on American citizens was its clearest and most undeniable lawbreaking. Federal District Judge Vaughn Walker yesterday became the third federal judge – out of three who have considered the question – to find that Bush’s warrantless eavesdropping program was illegal (the other two are District Judge Anna Diggs Taylor and 6th Circuit Appellate Judge Ronald Gilman who, on appeal from Judge Taylor’s decision, in dissent reached the merits of that question [unlike the two judges in the majority who reversed the decision on technical “standing” grounds] and adopted Taylor’s conclusion that the NSA program was illegal).

That means that all 3 federal judges to consider the question have concluded that Bush’s NSA program violated the criminal law (FISA). That law provides that anyone who violates it has committed a felony and shall be subject to 5 years in prison and a $10,000 fine for each offense. The law really does say that. Just click on that link and you’ll see.

It’s been obvious for more than four years that Bush, Cheney, NSA Director (and former CIA Director) Michael Hayden and many other Bush officials broke the law — committed felonies — in spying on Americans without warrants. Yet another federal judge has now found their conduct illegal. If we were a country that actually lived under The Rule of Law, this would be a huge story, one that would produce the same consequences for the lawbreakers as a bank robbery, embezzlement or major drug dealing. But since we’re not such a country, it isn’t and it doesn’t.

Although news reports are focusing (appropriately) on the fact that Bush’s NSA program was found to be illegal, the bulk of Judge Walker’s opinion was actually a scathing repudiation of the Obama DOJ. In fact, the opinion spent almost no time addressing the merits of the claim that the NSA program was legal. That’s because the Obama DOJ — exactly like the Bush DOJ in the case before Judge Taylor — refused to offer legal justifications to the court for this eavesdropping. Instead, the Obama DOJ took the imperial and hubristic position that the court had no right whatsoever to rule on the legality of the program because (a) plaintiffs could not prove they were subjected to the secret eavesdropping (and thus lacked “standing” to sue) and (b) the NSA program was such a vital “state secret” that courts were barred from adjudicating its legality.

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How Bush’s Grandfather Helped Hitler’s Rise to Power

Posted on May 5, 2010 by abby

GUARDIAN– George Bush’s grandfather, the late US senator Prescott Bush, was a director and shareholder of companies that profited from their involvement with the financial backers of Nazi Germany. The Guardian has obtained confirmation from newly discovered files in the US National Archives that a firm of which Prescott Bush was a director was involved with the financial architects of Nazism.

His business dealings, which continued until his company’s assets were seized in 1942 under the Trading with the Enemy Act, has led more than 60 years later to a civil action for damages being brought in Germany against the Bush family by two former slave labourers at Auschwitz and to a hum of pre-election controversy. The evidence has also prompted one former US Nazi war crimes prosecutor to argue that the late senator’s action should have been grounds for prosecution for giving aid and comfort to the enemy.

The debate over Prescott Bush’s behaviour has been bubbling under the surface for some time. There has been a steady internet chatter about the “Bush/Nazi” connection, much of it inaccurate and unfair. But the new documents, many of which were only declassified last year, show that even after America had entered the war and when there was already significant information about the Nazis’ plans and policies, he worked for and profited from companies closely involved with the very German businesses that financed Hitler’s rise to power. It has also been suggested that the money he made from these dealings helped to establish the Bush family fortune and set up its political dynasty.

Remarkably, little of Bush’s dealings with Germany has received public scrutiny, partly because of the secret status of the documentation involving him. But now the multibillion dollar legal action for damages by two Holocaust survivors against the Bush family, and the imminent publication of three books on the subject are threatening to make Prescott Bush’s business history an uncomfortable issue for his grandson, George W, as he seeks re-election.

While there is no suggestion that Prescott Bush was sympathetic to the Nazi cause, the documents reveal that the firm he worked for, Brown Brothers Harriman (BBH), acted as a US base for the German industrialist, Fritz Thyssen, who helped finance Hitler in the 1930s before falling out with him at the end of the decade. The Guardian has seen evidence that shows Bush was the director of the New York-based Union Banking Corporation (UBC) that represented Thyssen’s US interests and he continued to work for the bank after America entered the war.

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Presidential Assassination of U.S. Citizens

Posted on May 5, 2010 by abby

SALON– The Washington Post‘s Dana Priest today reports that “U.S. military teams and intelligence agencies are deeply involved in secret joint operations with Yemeni troops who in the past six weeks have killed scores of people.”

That’s no surprise, of course, as Yemen is now another predominantly Muslim country (along with Somalia and Pakistan) in which our military is secretly involved to some unknown degree in combat operations without any declaration of war, without any public debate, and arguably (though not clearly) without any Congressional authorization. The exact role played by the U.S. in the late-December missile attacks in Yemen, which killed numerous civilians, is still unknown.

But buried in Priest’s article is her revelation that American citizens are now being placed on a secret “hit list” of people whom the President has personally authorized to be killed:

After the Sept. 11 attacks, Bush gave the CIA, and later the military, authority to kill U.S. citizens abroad if strong evidence existed that an American was involved in organizing or carrying out terrorist actions against the United States or U.S. interests, military and intelligence officials said. . . .

The Obama administration has adopted the same stance. If a U.S. citizen joins al-Qaeda, “it doesn’t really change anything from the standpoint of whether we can target them,” a senior administration official said. “They are then part of the enemy.”

Both the CIA and the JSOC maintain lists of individuals, called “High Value Targets” and “High Value Individuals,” whom they seek to kill or capture. The JSOC list includes three Americans, including [New Mexico-born Islamic cleric Anwar] Aulaqi, whose name was added late last year. As of several months ago, the CIA list included three U.S. citizens, and an intelligence official said that Aulaqi’s name has now been added.

Indeed, Aulaqi was clearly one of the prime targets of the late-December missile strikes in Yemen, as anonymous officials excitedly announced — falsely, as it turns out — that he was killed in one of those strikes.

Just think about this for a minute. Barack Obama, like George Bush before him, has claimed the authority to order American citizens murdered based solely on the unverified, uncharged, unchecked claim that they are associated with Terrorism and pose “a continuing and imminent threat to U.S. persons and interests.” They’re entitled to no charges, no trial, no ability to contest the accusations. Amazingly, the Bush administration’s policy of merely imprisoning foreign nationals (along with a couple of American citizens) without charges — based solely on the President’s claim that they were Terrorists — produced intense controversy for years. That, one will recall, was a grave assault on the Constitution. Shouldn’t Obama’s policy of ordering American citizens assassinated without any due process or checks of any kind — not imprisoned, but killed — produce at least as much controversy?

Obviously, if U.S. forces are fighting on an actual battlefield, then they (like everyone else) have the right to kill combatants actively fighting against them, including American citizens. That’s just the essence of war. That’s why it’s permissible to kill a combatant engaged on a real battlefield in a war zone but not, say, torture them once they’re captured and helplessly detained. But combat is not what we’re talking about here. The people on this “hit list” are likely to be killed while at home, sleeping in their bed, driving in a car with friends or family, or engaged in a whole array of other activities. More critically still, the Obama administration — like the Bush administration before it — defines the “battlefield” as the entire world. So the President claims the power to order U.S. citizens killed anywhere in the world, while engaged even in the most benign activities carried out far away from any actual battlefield, based solely on his say-so and with no judicial oversight or other checks. That’s quite a power for an American President to claim for himself.

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Environmentalists Blast Obama’s Mining Reversal

Posted on May 5, 2010 by abby

CBS– The same week President Barack Obama riled environmentalists with plans for offshore oil drilling, he faces criticism for signaling he will support a Bush-era policy criticized as giving mining companies unlimited access to public lands to dump toxic waste.

The administration asked a federal judge Tuesday to dismiss a challenge by environmental and community groups to a rule that lifted a restriction on how much public land companies can use. The groups are also challenging a 2008 rule that says companies aren’t required to pay the going rate to use the land.

Environmentalists said the administration’s decision conflicts with its pledge to overhaul the nearly 140-year-old law regulating the mining of gold, silver and other hard-rock minerals on public land.

“The Obama administration can’t have it both ways,” said Jane Danowitz of the Pew Environment Group in Washington. “Either it stands by its earlier commitment to bringing mining law into the 21st Century, or it continues to allow the industry to dump unlimited toxic waste on public land at the expense of taxpayers and the environment.”

National Mining Association spokeswoman Carol Raulston said Friday that her group is pleased with the Obama administration’s decision to support the Bush policy.

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Another Monsanto Man in Key USDA Post?

Posted on May 5, 2010 by abby

GRIST– Like a tractor driven by a drunk, the Obama administration keeps zigzagging on food/ag policy–sometimes veering in the direction of progressive change, other times whipping back toward the agrichemical status quo.

In the last couple of days, there’s been a sharp turn toward the status quo. As I reported yesterday, Obama plucked Islam “Isi” Siddiqui from the nation’s most powerful agrichemical lobby group and made him our chief negotiator on ag issues in global trade talks. This is a major coup for Big Ag. Ramming open foreign markets for our cheap food commodities and pricey ag inputs is critical to the industry’s future profits–and perilous for global food security and the environment.

And today, Obama’s Big Ag side got the best of him again. He tapped Roger Beachy, long-time president of the Danforth Plant Science Center, as chief of the USDA’s newly created National Institute of Food and Agriculture (NIFA). A creation of the 2008 Farm Bill, the NIFA “replaces the Cooperative State Research, Education, and Extension Service, which distributes $200 million in competitive grants and about $280 million in ‘formula funding’ to land-grant universities,” Science blog reports.

Science continues:

The Farm Bill adds another $106 million annually of competitive funding for research into organic farming, biomass, and fruits and vegetables. It also calls for a “distinguished scientist” to be appointed for a 6-year term as director.

So this is a critical post. If the sustainable farming movement is going to scale up and really start providing a large portion of the nation’s calories–and deliver on its potentially huge environmental promises–than we’re going to need a significant commitment of federal research dollars.

And what are we getting with the appointment of Beachy? The Danforth Plant Science Center, nestled in Monsanto’s St. Louis home town, is essentially that company’s NGO research and PR arm. According to its website, the center “was founded in 1998 through gifts from the St. Louis-based Danforth Foundation, the Monsanto Fund (a philanthropic foundation), and a tax credit from the State of Missouri.”

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