Israel Restricts Palestinians’ Access to Water in Gaza and West Bank, Says Amnesty International in New Report

Australians For Palestine, Oct. 24, 2009

Amnesty International Press Release - 24 October 2009
Download report: Water-Gaza Report Oct 09

(New York) — Amnesty International accused Israel today of denying Palestinians the right to access adequate water by maintaining total control over the shared water resources. Discriminatory and restrictive policies leave many Palestinians with access only to poor quality subsistence levels of water, causing hardship and health risks, while denying them a basic need and a right, the human rights organization said.

“Israel allows the Palestinians access to only a fraction of the shared water resources, which lie mostly in the occupied West Bank, while the unlawful Israeli settlements there receive virtually unlimited supplies. In Gaza the Israeli blockade has made an already dire situation worse,” said Donatella Rovera, Amnesty International’s researcher on Israel and the Occupied Palestinian Territories.

The Amnesty International report, “Troubled Waters: Palestinians Denied Fair Access to Water,” says Israel uses more than 80 per cent of the water from the Mountain Aquifer, the main source of underground water in Israel and the OPT, while restricting Palestinian access to a mere 20 per cent.

The Mountain Aquifer is the only source for water for Palestinians in the West Bank, but only one of several for Israel, which also takes for itself all the water available from the Jordan River.

While Palestinian daily water consumption barely reaches 70 litres a day per person, Israeli daily consumption is more than 300 litres per day, four times as much.

In some rural communities Palestinians survive on barely 20 litres per day, the minimum amount recommended for domestic use in emergency situations.

Some 180,000-200,000 Palestinians living in rural communities have no access to running water and the Israeli army often prevents them from even collecting rainwater.

In contrast, Israeli settlers, who live in the West Bank in violation of international law, have intensive-irrigation farms, lush gardens and swimming pools.

Numbering about 450,000, the settlers use as much or more water than the Palestinian population of some 2.3 million.

The report describes the hardships, both physical and financial, that Palestinians face due to water restrictions — for example, the population has to reuse water for cooking, washing and sanitation, and bathe, wash and flush toilets less frequently.

An Amnesty International delegate on March 11, 2008 witnessed the destruction of a Palestinian farm on the West Bank by Israeli soldiers. In addition to uprooting crops, the soldiers tore apart the farm’s costly drip irrigation network. Samar Da’ish, mother of seven, told Amnesty International: “What harm have we done by cultivating this small bit of land, so that we can feed our children?”

In the Gaza Strip, 90 to 95 per cent of the water from its only water resource, the Coastal Aquifer, is contaminated and unfit for human consumption. Yet, Israel does not allow the transfer of water from the Mountain Aquifer in the West Bank to Gaza.

Stringent restrictions imposed in recent years by Israel on the entry into Gaza of material and equipment necessary for the development and repair of infrastructure have caused further deterioration of the water and sanitation situation in Gaza, which has reached crisis point.

To cope with water shortages and lack of network supplies many Palestinians have to purchase water, of often dubious quality, from mobile water tankers at a much higher price.

Others resort to water-saving measures which are detrimental to their and their families’ health and which hinder socio-economic development.

“Over more than 40 years of occupation, restrictions imposed by Israel on the Palestinians’ access to water have prevented the development of water infrastructure and facilities in the OPT, consequently denying hundreds of thousands of Palestinians the right to live a normal life, to have adequate food, housing, or health, and to economic development,” said Rovera.

Israel has appropriated large areas of the water-rich Palestinian land it occupies and barred Palestinians from accessing them.

It has also imposed a complex system of permits that the Palestinians must obtain from the Israeli army and other authorities in order to carry out water-related projects in the OPT. Applications for such permits are often rejected or subject to long delays.

Restrictions imposed by Israel on the movement of people and goods in the OPT further compound the difficulties Palestinians face when trying to carry out water and sanitation projects, or even just to distribute small quantities of water.

Water tankers are forced to take long detours to avoid Israeli military checkpoints and roads which are out of bounds to Palestinians, resulting in steep increases in the price of water.

In rural areas, Palestinian villagers are continuously struggling to find enough water for their basic needs, as the Israeli army often destroys their rainwater harvesting cisterns and confiscates their water tankers.

In comparison, irrigation sprinklers water the fields in the midday sun in nearby Israeli settlements, where much water is wasted as it evaporates before even reaching the ground.

In some Palestinian villages, because their access to water has been so severely restricted, farmers are unable to cultivate the land, or even to grow small amounts of food for their personal consumption or for animal fodder, and have thus been forced to reduce the size of their herds.

“Water is a basic need and a right, but for many Palestinians obtaining even poor-quality subsistence-level quantities of water has become a luxury that they can barely afford,” said Rovera.

“Israel must end its discriminatory policies, immediately lift all the restrictions it imposes on Palestinians’ access to water, and take responsibility for addressing the problems it created by allowing Palestinians a fair share of the shared water resources.”

Amnesty International is a Nobel Peace Prize-winning grassroots activist organization with more than 2.2 million supporters, activists and volunteers in more than 150 countries campaigning for human rights worldwide. The organization investigates and exposes abuses, educates and mobilizes the public, and works to protect people wherever justice, freedom, truth and dignity are denied.

Contact: Suzanne Trimel, Amnesty International Media Relations Director, 212-633-4150, strimel@aiusa.org
Please visit www.amnestyusa.org for more information.

U.S. rushes production of 30,000 lbs bombs to use on Iran

Bunker buster carries goal of deterring Iran
By SCOTT CANON, The Kansas City Star, Oct. 22, 2009

Even as Washington emphasizes walking softly to pry Iran away from its nuclear ambitions, the Pentagon is speeding the manufacture of its own big stick.

This month, the Defense Department awarded $51.9 million to McDonnell Douglas to more quickly adapt a 30,000-pound bunker buster to the B-2 stealth bomber.

The GBU-57 bomb and the fleet of B-2s — stationed at Whiteman Air Force Base with occasional deployments to Guam and an outpost in the Indian Ocean — are widely seen as the likeliest U.S. military option for setting back Tehran’s hopes for building nuclear weapons.

“There is a certain amount of wise military planning in all this,” said Robert Hewson, editor of Jane’s Air-Launched Weapons, “and a certain amount of saber-rattling.”

The weapon is behind schedule. In 2007, officials at the bomber base east of Kansas City estimated the bomb would be B-2-ready in 2008.

Budgetary hiccups pushed the delivery date to mid-2011.

Now the testing of the bomb and the delicate job of outfitting it for any of the $2.2 billion planes is, as one Pentagon spokesman said, “back on track.” It should now be ready, said Defense Department spokesman Geoff Morrell, “in the coming months.”

About 20 of the bombs are being made.

“This has been a capability that we have long believed was missing from our — our quiver, our arsenal, and we wanted to make sure we filled in that gap,” Morrell said at a press briefing this month. “I don’t think anybody should read anything into it beyond what it is. And I don’t think anybody can divine potential targets or anything of that nature.”

The Iranians have many uranium-enriching centrifuges at an underground location at Natanz. But on a visit to the United Nations last month, President Barack Obama announced the Iranians were building another secret nuclear facility near the holy city of Qum, this one deep in a mountain. Some speculate that the mountain facility is in response to a possible bunker buster.

The disclosure of the new facility may have put the Tehran leadership on defensive. A tentative deal cut this week calls for Iran to ship about three-fourths of its known nuclear fuel stockpile to Russia. Once there, it would be converted into metal fuel rods practical for a nuclear power plant, but not for an atomic warhead.

But the pact is shaky, and like less-successful efforts to stymie North Korea’s nuclear program, short-term advances often see reverses.

That’s where the biggest-yet bunker buster comes in. By the reckoning of military analysts, the bomb is conventional — by which they mean it does not carry a nuclear warhead. But it is unconventionally large.

The GBU-57 has the weight of about two elephants, stretches 20 feet and carries more than 5,300 pounds of explosive. Two will fit in the belly of a B-2.

Previously, the biggest non-nuke in the U.S. arsenal was the MOAB, massive ordnance air blast, or “Mother of All Bombs.” It explodes above its target.

Four tons heavier, the GBU-57 is called a MOP, massive ordnance penetrator.

Dropping such a behemoth is complicated.

“When you let go, all of a sudden the plane is 10 percent lighter than it was a second ago,” said John Pike of GlobalSecurity.org. “Planes have a tendency to pitch up when that happens.”

Some published reports suggest the new bomb can burrow through 200 feet of reinforced concrete before detonating, but many analysts are skeptical. The physics of bunker busting are tricky, and even nuclear bombs can’t punch into the world’s most hardened targets.

Still, the bomb might be enough, if its shock can disturb the spinning centrifuges and make the sensitive devices wobble into self-destruction.

“Once you shake it up, it becomes like the inside of an engine that has thrown a rod. It tears itself apart,” said Owen Cote, a security analyst at the Massachusetts Institute of Technology. “But that’s not your only issue.”

First, he said, Obama would have to consider if U.S. intelligence is good enough to find the right targets and whether a strike would do enough damage to the Iranian program.

Then the White House would have to calculate the backlash. Iran would have the options of punishing U.S. troops in countries on either side of it, send missiles toward Tel Aviv, Israel, or sink tankers in the Strait of Hormuz.

“If you can delay their nuclear program, that’s good. Time is your friend,” Cote said. “But you have to think about what (the Iranians) will do the day after you bomb them.”


*****************
Is the U.S. Preparing to Bomb Iran?
Is the U.S. Stepping Up Preparations for a Possible Attack on Iran's Nuclear Facilities?

By JONATHAN KARL, ABC News, Oct. 6, 2009

Is the U.S. stepping up preparations for a possible attack on Iran's nuclear facilities?

The Pentagon is always making plans, but based on a little-noticed funding request recently sent to Congress, the answer to that question appears to be yes.

First, some background: Back in October 2007, ABC News reported that the Pentagon had asked Congress for $88 million in the emergency Iraq/Afghanistan war funding request to develop a gargantuan bunker-busting bomb called the Massive Ordnance Penetrator (MOP). It's a 30,000-pound bomb designed to hit targets buried 200 feet below ground. Back then, the Pentagon cited an "urgent operational need" for the new weapon.

Now the Pentagon is shifting spending from other programs to fast forward the development and procurement of the Massive Ordnance Penetrator. The Pentagon comptroller sent a request to shift the funds to the House and Senate Appropriations and Armed Services Committees over the summer.

Click here to see a copy of the Pentagon's request, provided to ABC News.

The comptroller said the Pentagon planned to spend $19.1 million to procure four of the bombs, $28.3 million to accelerate the bomb's "development and testing", and $21 million to accelerate the integration of the bomb onto B-2 stealth bombers.

'Urgent Operational Need'

The notification was tucked inside a 93-page "reprogramming" request that included a couple hundred other more mundane items.

Why now? The notification says simply, "The Department has an Urgent Operational Need (UON) for the capability to strike hard and deeply buried targets in high threat environments. The MOP is the weapon of choice to meet the requirements of the UON." It further states that the request is endorsed by Pacific Command (which has responsibility over North Korea) and Central Command (which has responsibility over Iran).

Is the U.S. Preparing to Bomb Iran?

The request was quietly approved. On Friday, McDonnell Douglas was awarded a $51.9 million contract to provide "Massive Penetrator Ordnance Integration" on B-2 aircraft.

This is not the kind of weapon that would be particularly useful in Iraq or Afghanistan, but it is ideally suited to hit deeply buried nuclear facilities such as Natanz or Qom in Iran.

'Israel may attack Iran after December'

By JPOST.COM STAFF, Jerusalem Post, Oct. 15, 2009

Israel is making preparations to carry out military attacks in Iran after December, a French magazine reported overnight Wednesday.

According to a report in Le Canard Enchainé quoted by Israel Radio, Jerusalem has already ordered high-quality combat rations from a French food manufacturer for soldiers serving in elite units and has also asked reservists of these units staying abroad to return to Israel.

The magazine further reported that in a recent visit to France, IDF Chief of General Staff Lt.-Gen. Gabi Ashkenazi told his French counterpart Jean-Louis Georgelin that Israel is not planning to bomb Iran, but may send elite troops to conduct activities on the ground there.

These, according to the magazine, could involve sabotage of nuclear facilities as well as assassinations of top Iranian nuclear scientists.

Israel has recently toned down rhetoric against Iran so as not to hinder US diplomatic efforts at bringing Teheran to become transparent regarding its nuclear program, but neither Jerusalem nor Washington have so far made any unequivocal statements to the effect that the military option against Iran was no longer being considered.

Israel has maintained that it has the military capability to tackle Iran on its own if sanctions against the Islamic Republic prove ineffective.

Israel accuses Iran of seeking to acquire nuclear weapons. Teheran maintains that its nuclear program is peaceful.

The Jerusalem Post could not confirm Le Canard Enchainé's report.

Israel and U.S. prepare for largest-ever joint air force drill

By Reuters, Haaretz, Oct. 12, 2009

Israel and the United States will hold their biggest joint air-defence exercise next week, the Israeli military said, testing missile interceptors that would serve as a strategic bulwark in any showdown with Iran.

The drill, dubbed Juniper Cobra, has taken place every two years since 2001 but now underscores efforts by the Americans to reassure Israel as they and other world powers pursue negotiations to curb Iran's nuclear program.

An Israeli defense official said the maneuvers would begin on October 20, having been postponed from their original October 12 start-date.

But a military spokeswoman, Lieutenant-Colonel Avital Leibovich, said holding the exercise next week did not constitute a postponement.

"The exercise will happen next week in accordance with the original plan," she said.

U.S. forces including 17 naval ships and ground personnel operating the Aegis, THAAD and Patriot missile shields will be meshed with Israel's Arrow II interceptor for the drill, the defense official said.

"It will be the biggest Juniper Cobra ever," the official said, adding the exercise would be overseen by Admiral Mark Fitzgerald, chief of the U.S. Navy's Sixth Fleet, as well as by the commander of Israel's air defense arm.

The U.S. embassy in Tel Aviv had no immediate word on scheduling. In a statement issued last week, it said Juniper Cobra "is not related to or in response to any world events".

Iran denies seeking a nuclear bomb, but the lack of transparency around its designs and Tehran's rhetoric against Israel have stirred fears of war.

Israel, which is assumed to have the Middle East's only atomic arsenal, has hinted at the possibility of attacking Iran if it deems diplomacy a dead end.

But some analysts believe Israel's military limitations, and U.S. resistance to the idea of pre-emptive strikes, may force it into a more defensive posture with the help of its top ally.

Al-Aqsa flares up tensions between Israel, Jordan

Press TV, Oct. 12, 2009

Jordan has threatened to expel Israel's ambassador over the regime's aggression in the Al-Aqsa mosque compound in the occupied East Jerusalem Al-Quds.

According to a report by the pan-Arab newspaper Al-Quds al-Arabi, Jordan threatened the expulsion in response to Israeli violation of the sanctity of Al-Aqsa mosque over the last two weeks.

Israel deployed thousands of troops in the area after it closed down the Al-Aqsa mosque compound to Palestinians and allowed Jewish worshippers to hold a religious ceremony in the site.

The closure of the holy compound caused fierce clashes in the city.

Under a peace treaty signed in 1994, Israel recognized Jordan's right to look after all Islamic and Christian holy sites in East Jerusalem al-Quds, which is considered by the United Nations as an occupied territory.

Last week, a senior Jordanian official called on Israeli police to keep Jewish religious extremists away from the compound d— known to Muslims as Al-Haram Al-Sharif and to Jews as the Temple Mount — and keep the Mugrabi Gate closed, Haaretz reported.

"That will calm the atmosphere while respecting the Jordanian role in Al-Aqsa mosque," said the official.

Before the outbreak of the second intifada in September 2000, visits to the holy site had to be coordinated with the Waqf religious trust, which is under Jordanian control.

Between 2000 and 2003, non-Muslims were completely barred from the area until the Israel police decided unilaterally to reverse the ban.

Israel occupied East Jerusalem Al-Quds during a 1967 aggression and later annexed it.

SB/MD

Who's in Big Brother's Database?

By James Bamford, The New York Review Of Books, Nov. 5, 2009 issue

The Secret Sentry: The Untold History of the National Security Agency
by Matthew M. Aid
Bloomsbury, 423 pp., $30.00

On a remote edge of Utah's dry and arid high desert, where temperatures often zoom past 100 degrees, hard-hatted construction workers with top-secret clearances are preparing to build what may become America's equivalent of Jorge Luis Borges's "Library of Babel," a place where the collection of information is both infinite and at the same time monstrous, where the entire world's knowledge is stored, but not a single word is understood. At a million square feet, the mammoth $2 billion structure will be one-third larger than the US Capitol and will use the same amount of energy as every house in Salt Lake City combined.

Unlike Borges's "labyrinth of letters," this library expects few visitors. It's being built by the ultra-secret National Security Agency—which is primarily responsible for "signals intelligence," the collection and analysis of various forms of communication—to house trillions of phone calls, e-mail messages, and data trails: Web searches, parking receipts, bookstore visits, and other digital "pocket litter." Lacking adequate space and power at its city-sized Fort Meade, Maryland, headquarters, the NSA is also completing work on another data archive, this one in San Antonio, Texas, which will be nearly the size of the Alamodome.

Just how much information will be stored in these windowless cybertemples? A clue comes from a recent report prepared by the MITRE Corporation, a Pentagon think tank. "As the sensors associated with the various surveillance missions improve," says the report, referring to a variety of technical collection methods, "the data volumes are increasing with a projection that sensor data volume could potentially increase to the level of Yottabytes (1024 Bytes) by 2015."[1] Roughly equal to about a septillion (1,000,000,000,000,000,000,000,000) pages of text, numbers beyond Yottabytes haven't yet been named. Once vacuumed up and stored in these near-infinite "libraries," the data are then analyzed by powerful infoweapons, supercomputers running complex algorithmic programs, to determine who among us may be—or may one day become—a terrorist. In the NSA's world of automated surveillance on steroids, every bit has a history and every keystroke tells a story.

In the near decade since September 11, the tectonic plates beneath the American intelligence community have undergone a seismic shift, knocking the director of the CIA from the top of the organizational chart and replacing him with the new director of national intelligence, a desk-bound espiocrat with a large staff but little else. Not only surviving the earthquake but emerging as the most powerful chief the spy world has ever known was the director of the NSA. He is in charge of an organization three times the size of the CIA and empowered in 2008 by Congress to spy on Americans to an unprecedented degree, despite public criticism of the Bush administration's use of the agency to conduct warrantless domestic surveillance as part of the "war on terror." The legislation also largely freed him of the nettlesome Foreign Intelligence Surveillance Court (FISA). And in another significant move, he was recently named to head the new Cyber Command, which also places him in charge of the nation's growing force of cyber warriors.

Wasting no time, the agency has launched a building boom, doubling the size of its headquarters, expanding its listening posts, and constructing enormous data factories. One clue to the possible purpose of the highly secret megacenters comes from the agency's British partner, Government Communications Headquarters. Last year, the British government proposed the creation of an enormous government-run central database to store details on every phone call, e-mail, and Internet search made in the United Kingdom. Click a "send" key or push an "answer" button and the details of the communication end up, perhaps forever, in the government's data warehouse to be scrutinized and analyzed.

But when the plans were released by the UK government, there was an immediate outcry from both the press and the public, leading to the scrapping of the "big brother database," as it was called. In its place, however, the government came up with a new plan. Instead of one vast, centralized database, the telecom companies and Internet service providers would be required to maintain records of all details about people's phone, e-mail, and Web-browsing habits for a year and to permit the government access to them when asked. That has led again to public anger and to a protest by the London Internet Exchange, which represents more than 330 telecommunications firms. "We view...the volume of data the government now proposes [we] should collect and retain will be unprecedented, as is the overall level of intrusion into the privacy of citizenry," the group said in August.[2]

Unlike the British government, which, to its great credit, allowed public debate on the idea of a central data bank, the NSA obtained the full cooperation of much of the American telecom industry in utmost secrecy after September 11. For example, the agency built secret rooms in AT&T's major switching facilities where duplicate copies of all data are diverted, screened for key names and words by computers, and then transmitted on to the agency for analysis. Thus, these new centers in Utah, Texas, and possibly elsewhere will likely become the centralized repositories for the data intercepted by the NSA in America's version of the "big brother database" rejected by the British.

Matthew M. Aid has been after the NSA's secrets for a very long time. As a sergeant and Russian linguist in the NSA's Air Force branch, he was arrested and convicted in a court-martial, thrown into prison, and slapped with a bad conduct discharge for impersonating an officer and making off with a stash of NSA documents stamped Top Secret Codeword. He now prefers to obtain the NSA's secrets legally, through the front door of the National Archives. The result is The Secret Sentry: The Untold History of the National Security Agency , a footnote-heavy history told largely through declassified but heavily redacted NSA reports that have been slowly trickling out of the agency over the years. They are most informative in the World War II period but quickly taper off in substance during the cold war.

Aid begins his study on the eve of Pearl Harbor, a time when the entire American cryptologic force could fit into a small, half-empty community theater. But by war's end, it would take a football stadium to seat the 37,000 military and civilian "crippies." On August 14, 1945, as the ink dried on Japan's instruments of surrender, the linguists and codebreakers manning the thirty-seven key listening posts around the world were reading more than three hundred diplomatic code and cipher systems belonging to sixty countries. "The American signals intelligence empire stood at the zenith of its power and prestige," notes Aid. But within days, the cryptanalysts put away their well-sharpened pencils and the intercept operators hung up their earphones. By the end of December 1945, America's crypto world had shrunk to 7,500 men and women.

Despite the drastic layoffs, the small cadre of US and British codebreakers excelled against the new "main enemy," as Russia became known. The joint US-British effort deciphered tens of thousands of Russian army and navy messages during the mid-to-late 1940s. But on October 29, 1948, as President Truman was about to deliver a campaign speech in New York, the party was over. In what became known within the crypto world as "Black Friday," the Russian government and military flipped a switch and instantly converted to new, virtually unbreakable encryption systems and from vulnerable radio signals to buried cables. In the war between spies and machines, the spies won. The Soviets had managed to recruit William Weisband, a forty-year-old Russian linguist working for the US Army, who informed them of key cryptologic weaknesses the Americans were successfully exploiting. It was a blow from which the codebreakers would never recover. NSA historians called it "perhaps the most significant intelligence loss in US history."

In the 1970s, when some modest gains were made in penetrating the Russian systems, history would repeat itself and another American turncoat, this time Ronald Pelton, would again give away the US secrets. Since then, it has largely been a codemaker's market not only with regard to high-level Russian ciphers, but also those of other key countries, such as China and North Korea. On the other hand, the NSA has made significant progress against less cryptologically sophisticated countries and, from them, gained insight into plans and intentions of countries about which the US has greater concerns. Thus, when a Chinese diplomat at the United Nations discusses some new African venture with a colleague from Sudan, the eavesdroppers at the NSA may be deaf to the Chinese communications links but they may be able to get that same information by exploiting weaknesses in Sudan's communications and cipher systems when the diplomat reports the meeting to Khartoum. But even third-world cryptography can be daunting. During the entire war in Vietnam, writes Aid, the agency was never able to break the high-level encryption systems of either the North Vietnamese or the Vietcong. It is a revelation that leads him to conclude "that everything we thought we knew about the role of NSA in the Vietnam War needs to be reconsidered."

Because the book is structured chronologically, it is somewhat difficult to decipher the agency's overall record. But one sees troubling trends. One weakness that seems to recur is that the agency, set up in the wake of World War II to prevent another surprise attack, is itself frequently surprised by attacks and other serious threats. In the 1950s, as over 100,000 heavily armed North Korean troops surged across the 38th parallel into South Korea, the codebreakers were among the last to know. "The North Korean target was ignored," says a declassified NSA report quoted by Aid. "North Korea got lost in the shuffle and nobody told us that they were interested in what was going on north of the 38th parallel," exclaimed one intelligence officer. At the time, astonishingly, the Armed Forces Security Agency (AFSA), the NSA's predecessor, didn't even have a Korean-language dictionary.

Unfortunately for General Douglas MacArthur, the codebreakers were able to read the communications of Spain's ambassador to Tokyo and other diplomats, who noted that in their discussions with the general, he made clear his secret hope for all-out war with China and Russia, including the use of nuclear weapons if necessary. In a rare instance of secret NSA intercepts playing a major part in US politics, once the messages were shown to President Truman, MacArthur's career abruptly ended.

Another major surprise came in the 1960s when the Soviet Union was able to move large numbers of personnel, large amounts of equipment, and many ballistic missiles to Cuba without the NSA hearing a peep. Still unable to break into the high-level Soviet cipher systems, the agency was unaware that the 51st Rocket Division had packed up and was encamped in Cuba. Nor did it detect the move of five complete medium-range and intermediate-range missile regiments from their Russian bases to Cuba. And it had no knowledge that Russian ballistic missiles were on Cuban soil, being positioned in launchers. "Soviet communications security was almost perfect," according to an NSA historian.

The first clues that something unusual was happening had come in mid-July 1962, when NSA analysts noticed record numbers of Soviet cargo and passenger ships heading for Cuba. Analysis of their unencrypted shipping manifests led the NSA to suspect that the ships were delivering weapons. But the nuclear-armed ballistic missiles were not detected until mid-October, a month after their arrival, and not by the NSA; it was the CIA, acting on information from its sources in Cuba and Florida, that ordered the U-2 reconnaisance flight that photographed them at launch sites on the island. "The crisis," Aid concludes, "was in fact anything but an intelligence success story." This is a view shared by the agency itself in a candid internal history, which noted that the harrowing events "marked the most significant failure of SIGINT [signals intelligence] to warn national leaders since World War II."

More recently, the NSA was unaware of India's impending nuclear test in 1998, the 1993 attack on the World Trade Center, the attack on the USS Cole in 2000, and the 1998 bombing of two of America's East African embassies. The agency first learned of the September 11 attacks on $300 television sets tuned to CNN, not its billion-dollar eavesdropping satellites tuned to al-Qaeda.

Then there is the pattern by which the NSA was actually right about a warning, but those in power chose to ignore it. During the Korean War, the AFSA picked up numerous indications from low-level unencrypted Chinese intercepts that the Chinese were shifting hundreds of thousands of combat troops to Manchuria by rail, an obvious signal that China might enter the war. But those in charge of Army intelligence simply refused to believe it; it didn't fit in with their plans.

Then, by reading the dispatches between India's well-connected ambassador to Beijing and his Foreign Office, it became clear that China would intervene if UN forces crossed the 38th parallel into North Korea. But again, says Aid, the warning "was either discounted or ignored completely by policymakers in Washington," and as the UN troops began crossing the divide, Chinese troops crossed the Yalu River into North Korea. Even when intercepts indicated that the Chinese were well entrenched in the North, officials in Washington and Seoul remained in a state of disbelief, until both South Korean and US forces there were attacked by the Chinese forces.

The pattern was repeated in Vietnam when NSA reporting warned on January 25, 1968, that a major coordinated attack would occur "in the near future in several areas of South Vietnam." But neither the White House, the CIA, nor General William Westmoreland at US military headquarters in Saigon believed it, until over 100,000 North Vietnamese and Vietcong troops launched their Tet offensive in the South five days later on January 30. "The [NSA] reports failed to shake the commands in Washington and Saigon from their perception," says an NSA history. Tragically, Aid notes, at the end of the war, all of the heroic Vietnamese cryptologic personnel who greatly helped the NSA were left behind. "Many," the NSA report reveals, "undoubtedly perished." It added, "Their story is yet untold." Then again in 1973, as in Korea and Vietnam, the NSA warned that Egypt and Syria were planning "a major offensive" against Israel. But, as Aid quotes an official NSA history, the CIA refused to believe that an attack was imminent "because [they thought] the Arabs wouldn't be 'stupid enough' to attack Israel." They were, they did, and they won.

Everything seemed to go right for the NSA during the Soviet invasion of Afghanistan, which the agency had accurately forecast. "NSA predicted on December 22 [1979], three full days before the first Soviet troops crossed the Soviet–Afghan border, that the Russians would invade Afghanistan within the next seventy-two hours," writes Aid, adding, "Afghanistan may have been the 'high water mark' for NSA."

The agency also recorded the words of the Russian fighter pilot and his ground controllers as he shot down Korean Airlines Flight 007 in 1983. Although the agency knew that the Russians had accidently mistaken the plane for a potentially hostile US military aircraft, the Reagan administration nevertheless deliberately spun the intercepts to make it seem that the fighter pilot knew all along that it was a passenger jet, infuriating NSA officials. "The White House's selective release of the most salacious of the NSA material concerning the shootdown set off a firestorm of criticism inside NSA," writes Aid. It was not the first time, nor would it be the last, that the NSA's product was used for political purposes.

The most troubling pattern, however, is that the NSA, through gross incompetence, bad intelligence, or deliberate deception through the selective release of information, has helped to push the US into tragic wars. A prime example took place in 1964 when the Johnson administration claimed that two US Navy destroyers in the Gulf of Tonkin, one on an eavesdropping mission for the NSA, were twice attacked by North Vietnamese torpedo boats. Those attacks were then used to justify the escalation of American involvement in the Vietnam War. But Aid cites a top-secret NSA analysis of the incident, completed in 2000, which concluded that the second attack, the one used to justify the war, never took place. Instead, NSA officials deliberately withheld 90 percent of the intelligence on the attacks and told the White House only what it wanted to hear. According to the analysis, only intelligence "that supported the claim that the communists had attacked the two destroyers was given to administration officials."

Not having learned its lesson, in the lead-up to the war in Iraq the NSA again told the administration only what it wanted to hear, despite the clearly ambiguous nature of the evidence. For years beforehand, the agency's coverage of Iraq was disastrous. In the late 1990s, the Iraqis began shifting much of their high-level military communications from radio to buried fiber optic networks, and at the same time, Saddam Hussein banned the use of cell phones. That left only occasional low-level troop communications. According to a later review, Aid writes, NSA had "virtually no useful signals intelligence on a target that was one of the United States' top intelligence priorities." And the little intelligence it did have pointed away from Iraq possessing weapons of mass destruction. "We looked long and hard for any signs," said one retired NSA official. "We just never found a 'smoking gun' that Saddam was trying to build nukes or anything else." That, however, did not prevent the NSA director, Lieutenant Gen. Michael V. Hayden, from stamping his approval on the CIA's 2002 National Intelligence Estimate arguing that Iraq's WMDs posed a grave danger, which helped prepare the way for the devastating war.

While much of the terrain Aid covers has been explored before, the most original areas in The Secret Sentry deal with the ground wars in Afghanistan and Iraq, where the NSA was forced to marry, largely unsuccessfully, its super-high-tech strategic capabilities in space with its tactical forces on the ground. Before the September 11 attacks, the agency's coverage of Afghanistan was even worse than that of Iraq. At the start of the war, the NSA's principal listening post for the region did not have a single linguist proficient in Pashto or Dari, Afghanistan's two principal languages. Agency recruiters descended on Fremont, California, home of the country's largest population of Afghan expatriates, to build up a cadre of translators—only to have most candidates rejected by the agency's overparanoid security experts. On the plus side, because of the collapse of the Taliban regime's rudimentary communications system, its leaders were forced to communicate only by satellite phones, which were very susceptible to NSA monitoring.

Other NSA tactical teams, Aid explains, collaborated on the ground with Special Forces units, including in the mountains of Tora Bora. But it was a new type of war, one the NSA was not prepared for, and both Osama bin Laden and Taliban leader Mullah Omar easily slipped through its electronic net. Eight years later, despite billions of dollars spent by the agency and dozens of tapes released by bin Laden, the NSA is no closer to capturing him or Mullah Omar than it was at Tora Bora in 2001.

Disappointingly, the weakest section of the book, mostly summaries of old news clips, deals with what may be the most important subject: the NSA's warrantless eavesdropping and its targeting of American communications. There is no discussion, for example, of the agency's huge data-mining centers, mentioned above, currently being built in Utah and Texas, or to what extent the agency, which has long been confined to foreign and international communications, is now engaged in domestic eavesdropping.

It is a key question and we have no precise answer. By installing its intercept rooms in such locations as AT&T's main switching station in downtown San Francisco, the agency has physical access to domestic as well as international communications. Thus it is possible that the agency scans all the e-mail of both and it may also eavesdrop on the telephone calls of both for targets on its ever-growing watch lists. According to a recent Justice Department report, "As of December 31, 2008, the consolidated terrorist watchlist contained more than 1.1 million known or suspected terrorist identities."[3]

Aid's history becomes thin as it gets closer to the present day and the archival documents dwindle, especially since he has no substantial first-person, on-the-record interviews. Beyond a brief mention, he also leaves other important aspects of the NSA's history unaddressed, including the tumultuous years in the mid-1970s when it was investigated by the Senate's Church Committee for decades of illegal spying; Trailblazer, the nearly decade-long failure to modernize the agency; and the NSA's increasingly important role in cyberwarfare and its implications in future wars.

Where does all this leave us? Aid concludes that the biggest problem facing the agency is not the fact that it's drowning in untranslated, indecipherable, and mostly unusable data, problems that the troubled new modernization plan, Turbulence, is supposed to eventually fix. "These problems may, in fact, be the tip of the iceberg," he writes. Instead, what the agency needs most, Aid says, is more power. But the type of power to which he is referring is the kind that comes from electrical substations, not statutes. "As strange as it may sound," he writes, "one of the most urgent problems facing NSA is a severe shortage of electrical power." With supercomputers measured by the acre and estimated $70 million annual electricity bills for its headquarters, the agency has begun browning out, which is the reason for locating its new data centers in Utah and Texas. And as it pleads for more money to construct newer and bigger power generators, Aid notes, Congress is balking.

The issue is critical because at the NSA, electrical power is political power. In its top-secret world, the coin of the realm is the kilowatt. More electrical power ensures bigger data centers. Bigger data centers, in turn, generate a need for more access to phone calls and e-mail and, conversely, less privacy. The more data that comes in, the more reports flow out. And the more reports that flow out, the more political power for the agency.

Rather than give the NSA more money for more power—electrical and political—some have instead suggested just pulling the plug. "NSA can point to things they have obtained that have been useful," Aid quotes former senior State Department official Herbert Levin, a longtime customer of the agency, "but whether they're worth the billions that are spent, is a genuine question in my mind."

Based on the NSA's history of often being on the wrong end of a surprise and a tendency to mistakenly get the country into, rather than out of, wars, it seems to have a rather disastrous cost-benefit ratio. Were it a corporation, it would likely have gone belly-up years ago. The September 11 attacks are a case in point. For more than a year and a half the NSA was eavesdropping on two of the lead hijackers, knowing they had been sent by bin Laden, while they were in the US preparing for the attacks. The terrorists even chose as their command center a motel in Laurel, Maryland, almost within eyesight of the director's office. Yet the agency never once sought an easy-to-obtain FISA warrant to pinpoint their locations, or even informed the CIA or FBI of their presence.

But pulling the plug, or even allowing the lights to dim, seems unlikely given President Obama's hawkish policies in Afghanistan. However, if the war there turns out to be the train wreck many predict, then Obama may decide to take a much closer look at the spy world's most lavish spender. It is a prospect that has some in the Library of Babel very nervous. "It was a great ride while it lasted," said one.
Notes

[1] The MITRE Corporation, "Data Analysis Challenges" (December 2008), p. 13.

[2] David Leppard, "Internet Firms Resist Ministers' Plan to Spy on Every E-mail," The Sunday Times , August 2, 2009.

[3] "The Federal Bureau of Investigation's Terrorist Watchlist Nomination Practices," US Department of Justice, Office of the Inspector General, Audit Division, Audit Report 09-25, May 2009.

Video: Reconsider Columbus Day

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The Myth of "America"

By Dahr Jamail and Jason Coppola, truthout, Oct. 12, 2009

Happy Columbus Day

Columbus sailed the ocean blue in Fourteen Hundred and Ninety Two ...

May the spirit of adventure and discovery always be with you.

Wishing you a great Columbus Day

- Columbus Day greeting card

To mark Columbus Day In 2004, the Medieval and Renaissance Center in UCLA published the final volume of a compendium of Columbus-era documents. Its general editor, Geoffrey Symcox, leaves little room for ambivalence when he says, "This is not your grandfather's Columbus.... While giving the brilliant mariner his due, the collection portrays Columbus as an unrelenting social climber and self-promoter who stopped at nothing - not even exploitation, slavery, or twisting biblical scripture - to advance his ambitions.... Many of the unflattering documents have been known for the last century or more, but nobody paid much attention to them until recently. The fact that Columbus brought slavery, enormous exploitation or devastating diseases to the Americas used to be seen as a minor detail - if it was recognized at all - in light of his role as the great bringer of white man's civilization to the benighted idolatrous American continent. But to historians today this information is very important. It changes our whole view of the enterprise."

But does it?

***

"They ... brought us parrots and balls of cotton and spears and many other things, which they exchanged for the glass beads and hawks' bells," Christopher Columbus wrote in his logbook in 1495. "They willingly traded everything they owned.... They were well-built, with good bodies and handsome features.... They do not bear arms, and do not know them, for I showed them a sword, they took it by the edge and cut themselves out of ignorance. They have no iron. Their spears are made of cane.... They would make fine servants.... With fifty men we could subjugate them all and make them do whatever we want. Let us in the name of the Holy Trinity go on sending all the slaves that can be sold."

Catholic priest Bartolome de las Casas, in the multi-volume "History of the Indies" published in 1875, wrote, "... Slaves were the primary source of income for the Admiral (Columbus) with that income he intended to repay the money the Kings were spending in support of Spaniards on the Island. They provide profit and income to the Kings. (The Spaniards were driven by) insatiable greed ... killing, terrorizing, afflicting, and torturing the native peoples ... with the strangest and most varied new methods of cruelty."

This systematic violence was aimed at preventing "Indians from daring to think of themselves as human beings. (The Spaniards) thought nothing of knifing Indians by tens and twenties and of cutting slices off them to test the sharpness of their blades.... My eyes have seen these acts so foreign to human nature, and now I tremble as I write."

Father Fray Antonio de Montesino, a Dominican preacher, in December 1511 said this in a sermon that implicated Christopher Columbus and the colonists in the genocide of the native peoples:

"Tell me by what right of justice do you hold these Indians in such a cruel and horrible servitude? On what authority have you waged such detestable wars against these people who dealt quietly and peacefully on their own lands? Wars in which you have destroyed such an infinite number of them by homicides and slaughters never heard of before ..."

In 1892, the National Council of Churches, the largest ecumenical body in the United States, is known to have exhorted Christians to refrain from celebrating the Columbus quincentennial, saying, "What represented newness of freedom, hope, and opportunity for some was the occasion for oppression, degradation and genocide for others."

Yet America continues to celebrate "Columbus Day."

That Americans do so in the face of all evidence that there is little in the Columbian legacy that merits applause makes it easier for them to avoid taking responsibility for their own actions, or the actions of their government. Perhaps there is good reason.

***

In "Columbus Day: A Clash of Myth and History," journalist and media critic Norman Solomon discusses how historians who deal with recorded evidence are frequently depicted as "politically correct" revisionists while the general populace is manipulated into holding onto myths that brazenly applaud inconceivable acts of violence of men against fellow humans.

For those of us who are willing to ask how it becomes possible to manipulate the population of a country into accepting atrocity, the answer is not hard to find. It requires normalizing the inconceivable and drumming it in via the socio-cultural environment until it is internalized and embedded in the individual and collective consciousness. The combined or singular deployment of the media, the entertainment industry, mainstream education or any other agency, can achieve the desired result of convincing people that wars can be just, and strikes can be surgical, as long as it is the US that is doing it.

Never has this process been as blatant and overt as in recent years when the time has come for America to legitimize the idea of global domination. A Department of Defense report titled Joint Vision 2020 calls for the US military to be capable of "full spectrum dominance" of the entire planet. That means total domination and control of all land, sea, air, space and information.

That's a lot of control.

How might this become accepted as "Policy" and remain unquestioned by almost an entire population?

The one word key to that is: Myths. The explanation is that the myths the United States is built upon have paved the way for the perpetuation of all manner of violations.

Among the first of these is that of Christopher Columbus. In school we were taught of his bravery, courage and perseverance. In a speech in 1989, George H.W. Bush proclaimed: "Christopher Columbus not only opened the door to a New World, but also set an example for us all by showing what monumental feats can be accomplished through perseverance and faith."

Never mind that the monumental feats mainly comprised part butchery, part exploitation and the largest part betrayal of host populations of the "New World."

***

On their second arrival in Hispaniola, Haiti, Columbus's crew took captive roughly two thousand local villagers who had arrived to greet them. Miguel Cuneo, a literate crew member, wrote, "When our caravels ... were to leave for Spain, we gathered ... one thousand six hundred male and female persons of those Indians, and these we embarked in our caravels on February 17, 1495.... For those who remained, we let it be known (to the Spaniards who manned the island's fort) in the vicinity that anyone who wanted to take some of them could do so, to the amount desired, which was done."

In 1500, Columbus wrote to a friend, "A hundred castellanoes (a Spanish coin) are as easily obtained for a woman as for a farm, and it is very general and there are plenty of dealers who go about looking for girls; those from nine to ten (years old) are now in demand."

Such original "monumental feats" as were accomplished by our nation's heroes and role models were somewhat primitive. Local inhabitants who resisted Columbus and his crew had their ears or nose cut off, were attacked by dogs, skewered with pikes and shot. Reprisals were so severe that many of the natives committed mass suicide and women began practicing abortions in order not to leave children enslaved. The population of Haiti at the time of Columbus's arrival was between 1.5 million and 3 million. Sixty years later, every single native had been murdered.

Today, "perseverance and faith" allow us to accomplish much more and with far greater impunity. The US continues to liberate Iraq and Afghanistan with 2,000-pound bombs in civilian areas and purge Pakistan via drone attacks on weddings.

Neither case is of isolated whimsy. It was and remains policy.

In "A People's History of the United States," celebrated historian Howard Zinn describes how Arawak men and women emerged from their villages to greet their guests with food, water and gifts when Columbus landed at the Bahamas. But Columbus wanted something else. "Gold is most excellent; gold constitutes treasure; and he who has it does all he wants in the world, and can even lift souls up to Paradise," he wrote to the king and queen of Spain in 1503.

Rather than gold, however, Columbus only found slaves when he arrived on his second visit with seventeen ships and over 1,200 men. Ravaging various Caribbean islands, Columbus took natives as captives as he sailed. Of these he picked 500 of the best specimens and shipped them back to Spain. Two hundred of these died en route, while the survivors were put up for sale by the archdeacon of the town where they landed.

Columbus needed more than mere slaves to sell, and Zinn's account informs us, "... desperate to pay back dividends to those who had invested, (he) had to make good his promise to fill the ships with gold. In the province of Cicao on Haiti, where he and his men imagined huge gold fields to exist, they ordered all persons fourteen years or older to collect a certain quantity of gold every three months. When they brought it, they were given copper tokens to hang around their necks. Indians found without a copper token had their hands cut off and bled to death.

"The Indians had been given an impossible task. The only gold around was bits of dust garnered from the streams. So they fled, were hunted down with dogs, and were killed."

As a younger priest, the aforementioned De las Casas had participated in the conquest of Cuba and owned a plantation where natives worked as slaves before he found his conscience and gave it up. His first-person accounts reveal that the Spaniards "thought nothing of knifing Indians by tens and twenties and of cutting slices off them to test the sharpness of their blades. They forced their way into native settlements, slaughtering everyone they found there, including small children, old men, pregnant women, and even women who had just given birth. They hacked them to pieces, slicing open their bellies with their swords as though they were sheep herded into a pen. They even laid wagers on whether they could manage to slice a man in two at a stroke, or cut an individual's head from his body, or disembowel him with a single blow of their axes. They grabbed suckling infants by the feet and, ripping them from their mothers' breasts, dashed them headlong against the rocks. Others, laughing and joking all the while, threw them over their shoulders into a river, shouting: 'Wriggle, you litle perisher.' They slaughtered anyone on their path ..."

***

Full Spectrum Dominance

In a letter to the Spanish court dated February 15, 1492, Columbus presented his version of full spectrum dominance: "to conquer the world, spread the Christian faith and regain the Holy Land and the Temple Mount."

With this radical ideology, Las Casas records, "They spared no one, erecting especially wide gibbets on which they could string their victims up with their feet just off the ground and then burned them alive thirteen at a time, in honour of our Saviour and the twelve Apostles."

About incorporating these accounts in his book, Zinn explained to Truthout, "My point is not to grieve for the victims and denounce the executioners. Those tears, that anger, cast into the past, deplete our moral energy for the present ... but I do remember a statement I once read: The cry of the poor is not always just, but if you don't listen to it, you will never know what justice is."

****

Author journalist Chris Hedges believes that glorification of (the atrocities of) Columbus is one of several myths that sustain the illusions that justify the imperial visions of the United States.

In conversation with Truthout, he said, "It's really easy to build a holocaust museum that condemns Germans. It's another issue to build a museum that confronts our own genocide, the genocide that was perpetrated by our own ancestors towards Native Americans or towards African-Americans. I am all for documenting and remembering the [World War II] Holocaust, but the disparity between the reality of the [World War II] Holocaust or the reality of the genocide as illustrated in the [World War II] Holocaust museum and the utter historical amnesia in the Native American museum in Washington is really frightening and shows a complete inability in a public arena for us to examine who we are and what we've done."

Noam Chomsky holds a similar view. "We have [World War II] Holocaust museums all over the place about what the Germans did," Chomsky told Truthout. "Do we have one about what we did? I mean about slavery, about the Native American population? It's not that the people involved didn't know about it. John Quincy Adams, a great grand strategist, who had a major role in these atrocities, in his later years when he reflected on them, referred to that hapless race of North Americans, which we are exterminating with such insidious cruelty. They knew exactly what they were doing. But it doesn't matter. It's us."

Explaining how the mythology of a country becomes its historic reality, Chomsky stated, "If you are well-educated, you can internalize that and it. That's part of what a good education is about, enabling people to live with those contradictions. And you see it very consistently. In the case of, say, the Iraq war, try to find somebody who had a principled objection. Actually you can, occasionally, but it's suppressed."

Historical revisionism and amnesia are critical for nation-building, opines Paul Woodward, the writer and author of the blog "War In Context". He elaborates, "Every nation is subject to its own particular form of historical amnesia. Likewise, imperial powers have their own grandiose revisionist tendencies. Yet there is another form of historical denial particular to recently invented nations whose myth-making efforts are inextricably bound together with the process of the nation's birth ...

"Whereas older nations are by and large populated by people whose ancestral roots penetrated that land well before it took on the clear definition of a nation state, the majority of the people in an invented nation - such as the United States or Israel - have ancestry that inevitably leads elsewhere. This exposes the ephemeral link between the peoples' history and the nation's history. Add to that the fact that such nations came into being through grotesque acts of dispossession and it is clear that a psychological drive to hold aloft an atemporal exceptionalism becomes an existential necessity. National security requires that the past be erased."

Robert Jensen is an author and teaches media law, ethics and politics at the University of Texas. In an essay where he justifies his decision to not celebrate Thanksgiving as a holiday, he says, "Imagine that Germany won World War II and that a Nazi regime endured for some decades, eventually giving way to a more liberal state with a softer version of German-supremacist ideology. Imagine that a century later Germans celebrated a holiday offering a whitewashed version of German/Jewish history that ignored that holocaust and the deep anti-Semitism of the culture. Imagine that the holiday provided a welcomed time for families and friends to gather and enjoy food and conversation. Imagine that businesses, schools and government offices closed on this day. What would we say about such a holiday? Would we not question the distortions woven into such a celebration? Would we not demand a more accurate historical account? Would we not, in fact, denounce such a holiday as grotesque?"

Of course we would.

But our story is different, and once again this year, on October 12, we will once again "Hail Columbus."

---------

Bhaswati Sengupta contributed to this report.

*****************
Dahr Jamail, an independent journalist, is the author of "The Will to Resist: Soldiers Who Refuse to Fight in Iraq and Afghanistan," (Haymarket Books, 2009), and "Beyond the Green Zone: Dispatches From an Unembedded Journalist in Occupied Iraq," (Haymarket Books, 2007). Jamail reported from occupied Iraq for nine months as well as from Lebanon, Syria, Jordan and Turkey over the last five years.

Jason Coppola is the director and producer of the documentary film "Justify My War," which explores the rationalization of war in American culture, comparing the siege of Fallujah with the massacre at Wounded Knee. Coppola has worked in Iraq as well as on the Pine Ridge Indian Reservation.

Dangerous News: US Supreme Court Might Reinstate Death Penalty for Mumia

We have been saying that there is a strong possibility that the US Supreme Court will reinstate the Death Penalty for Mumia. This while the leading candidate running to replace Lynne Abraham as Attorney General is calling for Mumia's execution and a new hit piece film by Tigre Hill "The Barrel of a Gun" is scheduled to be released around December 9th, the 28th anniversary of Mumia's arrest and the beginning of the subsequent conspiracy to have him executed. Now this article. Please pay close attention and stay tuned for our messages. -- Suzanne Ross, for the Free Mumia Abu-Jamal Coalition

This is most alarming news:

Ohio Death Penalty Case Might Determine Abu-Jamal's Fate
Shannon P. Duffy, The Legal Intelligencer, Oct. 12, 2009

Lawyers for convicted cop-killer Mumia Abu-Jamal will be watching closely on Tuesday when the U.S. Supreme Court takes up an Ohio death penalty case because its outcome may very well decide whether Abu-Jamal's death sentence will be reinstated.

In April, Abu-Jamal lost his final appeal seeking a new trial for the December 1981 murder of Philadelphia Police Officer Daniel Faulkner when the justices refused to take up the issue of whether blacks were unfairly excluded from the jury.

But, at the time, the justices took no action on a companion petition filed by the Philadelphia district attorney's office demanding reinstatement of Abu-Jamal's death sentence despite having discussed it weeks before.

Now it appears certain that the high court has decided to hold the Philadelphia prosecutors' petition in abeyance pending the outcome of Smith v. Spisak -- an Ohio case that raises strikingly similar issues to those in Abu-Jamal's case.

If the prosecutors in that case are successful and win reinstatement of the death sentence imposed on Frank G. Spisak, the justices may then see no need to take up Abu-Jamal's case.

Instead, at that point, it's likely that the justices would simply issue a one-page order in Abu-Jamal's case that would summarily reverse the decision by the 3rd U.S. Circuit Court of Appeals and order the appellate court to reconsider whether Abu-Jamal's death sentence should be reinstated.

Why is Abu-Jamal's case so similar to Spisak's? Both were on death row for notorious murders, but both won rulings in federal court that granted them partial new trials limited to the penalty phase.

In both cases, the federal courts' decisions to overturn the death sentences hinged on Mills v. Maryland -- a 1988 U.S. Supreme Court decision that governs how juries should deliberate during the penalty phase of a capital trial.

The Mills ruling struck down a Maryland statute that said juries in capital cases must be unanimous on any aggravating or mitigating factor. Voting 5-4, the justices declared that unanimity was properly required for any aggravating factor, but that mitigating factors -- those that weigh against imposing a death sentence -- must be handled more liberally, with each juror free to find on his or her own.

Since then, Mills has proven to be a powerful tool for defense lawyers aiming to overturn death sentences in numerous other states.

The question now before the courts is whether Mills truly requires that death sentences in other states be overturned if the juries in those states might have been confused by faulty instructions or verdict forms and led to believe that mitigating factors require unanimity.

Perhaps even more important to the justices is a corollary question of federalism: Is it fair for the federal courts to overturn a state court's decision on how to interpretMills by imposing its own interpretation that extends Mills beyond its original scope?

It's possible that the justices will provide the answers to those questions in Spisak's case that will be immediately applied to Abu-Jamal's case -- with Abu-Jamal and his lawyers forced to simply watch and wait until that happens.

Spisak, 57, was sentenced to death in 1983 for a killing spree at Cleveland State University after a monthlong trial that reportedly included testimony that he was a neo-Nazi and cross-dresser.

According to briefs in the case, Spisak killed Horace T. Rickerson, Timothy Sheehan and Brian Warford and also shot at John Hardaway and Coletta Dartt. Hardaway was shot seven times but survived and identified Spisak as the shooter.

After his arrest, Spisak confessed to all five shootings and declared that his actions were motivated by his hatred of gay people, blacks and Jews.

As Ohio prosecutors argued in their Supreme Court brief, Spisak "proudly testified at length as to his neo-Nazi beliefs and told the jury that those beliefs had motivated the murders."

In 2006, the 6th Circuit overturned Spisak's death sentence based on a Mills violation as well as findings that his lawyers were ineffective and had "demonized" Spisak during the trial.

The Supreme Court overturned the ruling and ordered the 6th Circuit to study the case again in light of two other decisions by the high court.

But the 6th Circuit in 2008 reinstated its prior decisions, finding they were correct.

Now the Supreme Court has taken the Spisak case up a second time to tackle the question of whether the 6th Circuit failed to give proper deference to the Ohio state courts "when it applied Mills v. Maryland to resolve ... questions that were not decided or addressed in Mills."

Abu-Jamal's lead lawyer, Robert R. Bryan of San Francisco, said in April that the issue in Spisak is "very similar" to the issue raised in the prosecutors' petition in Abu-Jamal's case.

"The question we've got," Bryan said at the time, "is whether we'll be left dangling in the wind until Spisak is decided."

In the prosecutor's petition in Abu-Jamal's case, Deputy District Attorney Ronald Eisenberg argued that the 3rd Circuit failed to give the proper deference to the rulings of the Pennsylvania Supreme Court which had addressed the Mills issue in 1995 and -- relying on a 3rd Circuit decision -- concluded that the Pennsylvania jury instructions did not run afoul of Mills.

But by the time Abu-Jamal's case made its way into the federal courts, the 3rd Circuit "had changed its mind," Eisenberg argued, with a series of decisions that said the Pennsylvania courts' analysis of Mills was not only wrong but unreasonable.

Eisenberg urged the justices to see a difference between Mills -- where the Maryland jury was specifically instructed that it had to be unanimous on mitigating factors -- and the situation in states like Pennsylvania, where the issue is much subtler and hinges on speculation by the federal courts that the jury might have been confused.

"The difficulty with the 3rd Circuit's 'risk of confusion' view is that Mills, quite simply, stated no such rule," Eisenberg argues.

Oct. 25: Cindy Sheehan & Ret. Lt. Col. Bob Bowman Speak in Charlotte

Sun., Oct. 25 at 7 p.m.

Piedmont Unitarian Universalist Church
9704 Mallard Creek Road
Charlotte, NC 28262
Phone: 704-510-0008

Gold star mother, peace activist, author and 2005 Nobel Peace Prize nominee Cindy Sheehan, will speak in Charlotte at PUUC Sunday, Oct. 25 at 7 p.m. There is no charge, but donations will be taken.

Speaking with her will be Lt. Col. Bob Bowman, one of the countries foremost authorities on national security. The event is sponsored by the PUUC Peace Alliance.

http://cindysheehanssoapbox.com

http://www.thepatriots.us

If we want Policy instead of Speeches

Vers La Verité Speech in Paris by Cynthia McKinney

President Obama’s Nobel Peace Prize was not the only news yesterday. And in my opinion, it’s not even the biggest news. It’s not even the saddest news. But it does provide us with some critical information as we move forward. The three-part question for us, tonight however, is “What are we moving forward TO; is that the place we want to go; and if not, what do we do about it?

In other words, “What is our vision for the future and how do we define success?”

I have been and am still in deep pain over the institutional homicide of my aunt and in my grief, I’ve considered giving up.

But then, I wiped the tears from my eyes long enough to remember communities of people that I’ve been blessed enough to get to know, from Toronto, Canada to Cape Town, South Africa; from Kuala Lumpur, Malaysia to Valdosta, Georgia, there are people struggling through their own pain, their own deep personal disappointments to reach a better place—not just for themselves, but for the global community of man. And I know deep in my own heart, as broken as it is, that I cannot give up. My brain tells me that the struggle for truth, justice, peace, and dignity is too important to lose because of heartbreak.

The one thing that probably best defines everyone in this room are our search for and activities on behalf of principles that are bigger than ourselves. We want our governments to tell us the truth; we want them to deliver justice; we want our global community to live in peace; and we want respect for the dignity of all humankind.

So if these are the ingredients of our vision, what tools do we need to produce the desired result?

Well, first of all, the desired result has to have definition.

I mentioned in one of my messages to a dear friend in response to the Nobel award to President Barack Obama that we needed to keep our eyes on the prize and then I erased it because I don’t think we’ve sufficiently defined what the prize is.

So there must be a small, cohesive, international group of rock-solid people feverishly working to redefine for all who want to be active, and a part of our vision, just what the prize is. And this “prize,” our vision, must be repeated and explained often so people can differentiate our vision, from their reality.

Here is where language becomes important. If we want policy instead of speeches, then this must be repeated early and often because what I’m alarmed by is that in the absence of us providing real definition, and there are reasons for that, people are beginning to think that a speech IS policy.

But, as I said earlier, there was a lot of news yesterday. Some of it even more important than the Nobel Peace Prize Award, but the award certainly overshadowed all other stories.

And I’m always searching for context. Because, as the U.S. military puts it, “perception management” is important. And we must understand the context of what happens and when it happens, in order to understand why.

I always say that we must see the invisible, hear the unspoken, and read the unwritten. That’s what some of the organizers of Vers La Verité were professionally trained to do, before they became whistleblowers, and now our leaders.

Now, what were some of those other interesting news items?

Well, at a Native American Lodge located next to Senator John McCain’s ranch, two people died and several others were hospitalized following a hazardous materials situation at the Sweat Lodge, which is like a spiritual retreat led by Native Americans. I’ve even been invited to participate in one upon my return to the U.S.

Now, I find this interesting and a story that should be followed up on and I will be doing that because I want to make sure there’s no bigger story hidden in an important cultural ritual of the Native Americans who are victims of a genocide in North America that continues to this day.

On the day that the Nobel Prize was announced, we also learned that the U.S. bunker buster bomb will be ready in a few more months.

This is the bomb that holds over 5,000 pounds of explosives and is designed to penetrate hardened facilities, including those underground. Some brilliant people in the U.S. even want to put nuclear tips on bunker buster bombs. However, in announcing the near deployment of the project that pays McDonnell Douglas to adapt the B-2 bomber so it can deliver the Boeing-made bomb to its intended target, the Pentagon press secretary said, "The reality is that the world we live in is one in which there are people who seek to build weapons of mass destruction and they seek to do so in a clandestine fashion." The article noted that the Obama Administration had not ruled out military action against Iran.

Another story noted that hours after winning the 2009 Nobel Peace Prize, President Obama met with his military advisors about troop levels in Afghanistan. The troop increase requested by the U.S. Commander ranged, it is reported, from 10,000 to 60,000—although the top number isn’t listed in that news report. One has to go to another news item to see the true top number. At any rate, it seems that the choices confronting U.S. and European leaders is whether to increase the current 68,000 U.S. boots on the ground in Afghanistan or to merely increase the number of drone attacks. Decreasing death and destruction and bringing our young men and women home is not on the Nobel Peace Prize winner’s agenda for discussion.

The last article of note is about a restaurant in west Georgia that is using the “N-word” on its marquee to describe President Obama. It reminds me of the Atlanta area restaurant that put on its marquee that I was Buckwheat with Boobs. Now, those of you who are from the U.S. will know what that means and the depth of insult that was intended. The article notes that I’ve made this restaurant’s marquee, too. Both restaurant owners claim to not be racists and to be protected by free speech.

My point in including this particular news item is that we still have so far to go just in terms of our human relations. It is imperative that we do what we can to spread our message and our vision and reach those who can be reached.

Which brings me to who can be reached.

Those with enough discernment to know that what is being pronounced from on high is not their reality. And rather than accept or discount the contradictions, we want them to join us and struggle for a better reality for everybody.

I am saddened beyond belief that on the day of the Peace Prize award, a struggling democracy in Honduras was besieged with U.S. supplied weapons and U.S.-trained paramilitaries and snipers in support of coup leaders over the democratically-elected people’s leaders. In fact, the latest dispatch from Honduras is that many of the snipers and paramilitaries—now descending on Honduras from all over Latin America—were trained in my home state of Georgia.

More and more people are experiencing cognitive dissonance and rightly so. Our leaders and respected organizations are lying to us! One friend and former Congressional Staffer of mine puts it this way: we need a democratic military instead of a militarized democracy.

The United States, with the help of its European and Asian allies maintains over 700 bases around the world. The number is increasing under President Obama.

Dr. Martin Luther King, Jr. said that we must combat racism, poverty, and militarism. Our movement cannot struggle against militarism and fail to address racism. We must be comprehensive and to racism, militarism, and poverty, we must now add gaining control of a media that will allow us to communicate to a broader community and not just within our small spheres, and regaining control of education so that people are not so dumbed down that they actually believe that war is peace, slavery is freedom, ignorance is strength, and lies are truth.

And if we are right, then others will join us. They will share with us their dreams and their passions and we will help to empower them.

Global resistance combined with local action, organization, vision, commitment, and resources will allow us to have significant victories in the future.

Vers La Verité understands that the foundation of all of this action, attainment of the prize, can only happen with truth as our foundation.

It’s already a brave new world, let’s get busy and make it ours!!!

On the government's owners

By Glenn Greenwald, Salon.com, Oct. 10, 2009

The most revealing political quote of the last year came, in my view, from the second-highest ranking Democratic Senator, Dick Durbin, who told a local radio station in April: "And the banks -- hard to believe in a time when we're facing a banking crisis that many of the banks created -- are still the most powerful lobby on Capitol Hill. And they frankly own the place." The best Congressional floor speech of the last year on the financial crisis was this extraordinarily piercing five-minute revelation from Rep. Marcy Kaptur of Ohio on the Wall Street bailout and how the Congress is subservient to their dictates. And the single most insightful article on the financial crisis was written by former IMF Chief Economist and current MIT Professor Simon Johnson in the May, 2009 issue of The Atlantic, when he argued that "the finance industry has effectively captured our government" and detailed how the U.S. has become very similar to failed emerging-market nations in both its political and economic culture.

All of that came together last night on Bill Moyers' Journal program, as Johnson and Kaptur together discussed the stranglehold which the financial industry exerts over the federal government and how that has produced a jobless recovery in which the only apparent beneficiaries are the bankers and other financial elites who caused the financial crisis in the first place. The discussion began with reference to this Associated Press article from last week, which examined Timothy Geithner's calenders, obtained through a FOIA request. Those documents show that Geithner spends an amazing amount of time on the telephone with the CEOs of Goldman Sachs, Citibank and JP Morgan: "Goldman, Citi and JPMorgan can get Geithner on the phone several times a day if necessary, giving them an unmatched opportunity to influence policy." Other than the President, virtually everyone else -- including leading members of Congress -- are forced to leave messages. Kaptur and Johnson begin by discussing what that signifies in terms of the ongoing financial crisis and how government works.

I'll excerpt a few representative passages, but the entire segment is very worth watching:

[excerpt from Capitalism: A Love Story]: "MICHAEL MOORE: Do you think it's too harsh to call what has happened here a coup d'état? A financial coup d'état?

REP. MARCY KAPTUR: That's, no. Because I think that's what's happened. Um, a financial coup d'état?

MICHAEL MOORE: Yeah.

MARCY KAPTUR: I could agree with that. I could agree with that. Because the people here [pointing to the Capitol] really aren't in charge. Wall Street is in charge" . . . .

SIMON JOHNSON: Well, I think it really tells you how the system works. The system is based on access and is based on what on Wall Street shaping Washington's view of what's important.

It's the people who are very close to Mr. Geithner before when he was the head of the New York Fed. Before he became Treasury Secretary. These people have unparalleled access. And in a crisis, when everything is up for grabs, you don't know what's going on, the people who will take your phone calls, right, in government and people who are going to be standing in the oval office, making the key decisions. That's the heart of the system. That's the heart of how you get your agenda through, by changing their worldview. . . .

And Rahm Emanuel, the President's Chief of Staff has a saying. He's widely known for saying, 'Never let a good crisis go to waste'. Well, the crisis is over, Bill. The crisis in the financial sector, not for people who own homes, but the crisis for the big banks is substantially over. And it was completely wasted. The Administration refused to break the power of the big banks, when they had the opportunity, earlier this year. And the regulatory reforms they are now pursuing will turn out to be, in my opinion, and I do follow this day to day, you know. These reforms will turn out to be essentially meaningless. . . .

BILL MOYERS: Let me show you an excerpt from the speech President Obama made on Wall Street last month, September. Here is the challenge he laid down to the bankers.

PRESIDENT OBAMA: We will not go back to the days of reckless behavior and unchecked excess at the heart of this crisis, where too many were motivated only by the appetite for quick kills and bloated bonuses. Those on Wall Street cannot resume taking risks without regard for consequences, and expect that next time, American taxpayers will be there to break their fall.

BILL MOYERS: A reality check. Not one CEO of a Wall Street bank was there to hear the President. What do you make of that?

SIMON JOHNSON: Arrogance. Because they have no fear for the government anymore. They have no respect for the President, which I find absolutely extraordinary and shocking. All right? And I think they have no not an ounce of gratitude to the American people, who saved them, their jobs, and the way they run the world.

BILL MOYERS: In the scheme of things, it is the Congress, and the government that's supposed to stand up to the powerful, organized interests, for the people in Toledo, who can't come to Washington. Who are working or trying to keep their homes or trying to pay their health bills. What's happened to our government?

MARCY KAPTUR: Congress has really shut down. I'm disappointed in both chambers, because wouldn't you think, with the largest financial crisis in American history, in the largest transfer of wealth from the American people to the biggest banks in this country, that every committee of Congress would be involved in hearings, that this would be on the news, that people would be engaged in this. . . .

I've been one of the Members of Congress trying to increase by ten times the agents to get at the justice issues for the American people. For companies that have been hurt. For shareholders that have been hurt. Our government isn't doing it. That it's very easy to look at the budget of the F.B.I. in mortgage fraud and securities fraud and say, 'How serious is the government?' And until those numbers increase, we will not begin to get justice. . . .

BILL MOYERS: Well, and this is what we were talking about earlier, the system. I mean, President Clinton's Secretary of Treasury, Robert Rubin helps eliminate Glass-Steagall. And then leaves the government and goes to work for? Citicorp?

SIMON JOHNSON: Well Rubin's a fascinating character. He ran Goldman Sachs, he went into the Clinton White House, then he became Secretary of the Treasury, and it was on his watch that, first of all, Glass-Steagall began to really seriously crumble, and then it was completely swept away- replaced, abolished, really. And then, of course, Rubin goes on after he leaves Treasury, to be the senior guru type figure at Citigroup. And Citigroup is absolutely epicenter of everything that's gone wrong with our financial system.

BILL MOYERS: And wasn't it Robert Rubin the mentor, the guru to both Tim Geithner and Larry Summers?

SIMON JOHNSON: Absolutely. Both Geithner and Summers advanced to senior positions in the Treasury under Rubin was instrumental in bringing Larry Summers to be President of Harvard, after the Clinton Administration. And according to published new report, he was absolutely key person in making sure that Tim Geithner first went to a senior job at the IMF, and then became President of the New York Fed. And there are unconfirmed reports that Robert Rubin was an essential adviser to then candidate Obama in fall of last year, with regard to who he should bring on board as the leadership team on the economic side.

MARCY KAPTUR: And you know, looking at it from the heartland, when I look at Wall Street and all their connections into Washington, and I've been at it a while now, it's very disheartening to me, because I know they don't care about us out there. We're flyover country for them. And they're just out to make money. . . .

BILL MOYERS: So, Simon, what happens now? If we're going to avert a depression and the next calamity, what needs to be done?

SIMON JOHNSON: Well, I think you have to keep at it, Bill. I mean, that's the lesson from previous generations of Americans, who have really confronted entrenched power like this. You have to keep at it. And you mustn't be satisfied. When the Administration says, 'Okay, we fixed it. Don't worry. We did some technical tweaking on capital requirements, for example, in the banks.' You have to say, 'No, that's not true. Let's look at what's happening, let's follow it through.' . . . .

BILL MOYERS: Does President Obama get it?

MARCY KAPTUR: I don't think President Obama has the right people around him. The poor man inherited a total mess, globally and domestically. I think some of the people that he trusted haven't delivered. I urge him to get new generals. It's time.

SIMON JOHNSON: Louis the Fourteenth of France, a very powerful monarch, was famous for having many bad things, you know, happen under his rule. And people would always say, 'If only Louis the Fourteenth knew. I'm sure he doesn't know. If we could just tell him, he'd sort it out.' You know. I'm skeptical.

Neil Barofsky, the independent watchdog of the TARP program, recently said that while the Wall Street bailout did avert full-scale financial collapse, it plainly failed in its principal stated goal of increasing lending (because banks used the money to buy other institutions, create capital cushions, pay out bonsues, etc.). He detailed how the Treasury Department actually tried (mostly unsuccessfully) to coach the banks into refusing to provide Barofsky with information about how they used the TARP money they received. Worse, he said that the U.S. economy is more dependent than ever on these same "too-big-to-fail" financial institutions, which have grown in size, and the U.S. economy is thus more vulnerable than it was even a year ago to an actual collapse. Meanwhile, even the extremely modest Wall Street reforms Obama is advocating are meeting heavy resistance from those who Dick Durbin called the Owners of Congress.

As Kaptur said, given the size and scope of "the largest transfer of wealth from the American people to the biggest banks in this country," one would expect there to be massive public interest in what happened and why, and, more so, whether any of this is being fixed (it plainly isn't). One would particularly expect the Democratic Party -- which has long branded itself as being the populist party against Wall Street -- would be leading that charge, for political benefit if not for substantive reasons. But that's clearly not happening, and the primary reason why is because both political parties, as institutions, are dependent on and thus controlled by the very industry that is at the heart of it.

Among the two parties, there's no outlet for the populist anger that Kaptur understands and is voicing because each party is eager to serve the interests of those who fund them. And that's why Democrats have largely ceded the populist anger over Wall Street to GOP operatives who are exploiting the "tea party" movement as the only real organized citizen activism over these issues. See this article from last week: "Wall Street money rains on Chuck Schumer":

While the industry has scaled back its political spending in the wake of last year’s economic collapse, data from the Center for Responsive Politics show that it’s still investing heavily in the Senate, where it’s likely to have its best shot at stopping — or at least shaping — the crackdown on Wall Street that President Barack Obama has proposed.

And it’s clearly looking to Democrats to do it.

Of the $10.6 million the industry has given to sitting senators this year, more than $7.7 million has gone to Democrats.

This is hardly unique to the banking industry. This is how the political system works generally. Earnest, substantive debates over this or that policy are so often purely illusory, as the only factor that really drives that outcomes is the question of who owns and thus controls the political system. That central fact subsumes just about everything else.