IRS chief defends targeting of groups as ‘obnoxious,’ not illegal
By Bernie Becker and Peter Schroeder – The Hill – 05/17/13
Acting IRS chief Steven Miller on Friday said he did not believe agency officials did anything illegal when giving extra scrutiny to conservative groups seeking tax-exempt status.
Miller, who was forced to resign this week by President Obama, said he didn’t believe the scrutiny was illegal even as he apologized for the IRS’s actions, which have turned into a political storm for the White House.
He also admitted under questioning from House Ways and Means Committee members that facts could emerge that might change whether he thinks anyone in the agency committed a crime, and he said one staffer involved in the extra scrutiny was reassigned and another received counseling.
Facing tense, and at times hostile, questions from GOP lawmakers at the first congressional hearing on the IRS controversy, Miller said the screening process the IRS used was “obnoxious” and called the customer service the agency offered “horrible.”
Miller stressed that the extra attention happened because IRS officials faced an avalanche of applications for tax-exempt status.
But he also pushed back on GOP lawmakers who said the IRS was targeting conservatives, calling that a “loaded” statement.
“When you talk about targeting, that’s a pejorative term,” Miller said.
Asked if the IRS’s actions had been illegal, he responded: “I don’t believe it is.”
He then added of the behavior: “I don’t believe it should happen.”
Miller’s answers did not sit well with GOP lawmakers throughout Friday’s hearing, and his comments fly in the face of top Republicans like Speaker John Boehner (R-Ohio), who have said that agency staffers should be jailed.
Republicans on Friday accused the acting IRS chief of lying to them about the extra scrutiny given to conservative groups seeking tax-exempt status. Miller found out about that special attention more than a year ago but declined to tell lawmakers.
At the start of Friday’s committee hearing, Chairman Dave Camp (R-Mich.) rattled off several different violations he believes the IRS committed.
Camp also linked the IRS uproar to what he called a “culture of cover-ups and political intimidation in this administration,” an apparent reference to last year’s attack in Benghazi, Libya, and the Justice Department’s subpoena of reporter records.
“This systemic abuse cannot be fixed with just one resignation,” Camp said. “And, as much as I expect more people need to go, the reality is this is not a personnel problem. This is a problem of the IRS being too large, too powerful, too intrusive and too abusive of honest, hardworking taxpayers.”
But Republicans on the panel have also expressed frustration throughout the hearing at Miller’s sometimes feisty answers, with the acting chief maintaining that he did not lie to them.
“You’re not going to cooperate with me, Mr. Miller, and you’ve been uncooperative in this hearing,” Rep. Dave Reichert (R-Wash.) told the IRS official.
Democrats acknowledged that the IRS had made serious mistakes and generally agreed with Miller’s statements that agency officials did not target Tea Party and conservative groups for political reasons.
“What I’m trying to point out, and basically to debunk, is the notion or idea the political statements — and, I believe, nonfactual statements by Chairman Camp — to link these scandals to the White House,” said Rep. Joe Crowley (N.Y.), a member of House Democratic leadership.
Democrats also stressed repeatedly that the Doug Shulman, who was IRS commissioner when the targeting took place, was nominated by former President George W. Bush. And several said that the major issue was the cloudy regulations guiding which groups should be granted tax-exempt status.
Miller is testifying along with Russell George, the Treasury inspector general whose report details what he called “ineffective management” at the agency.
George’s report found that the IRS asked for excessive information from conservative groups, including donor lists and whether group leaders wanted to run for public office. The IRS also applied inconsistent principles when deciding which groups to give extra screening, the report said, leading some groups to wait months or years for approval.
According to the inspector general’s report, Lois Lerner, the IRS official who first disclosed the targeting, found out in June 2011. Lerner pushed for the screening guidelines to be changed, but other IRS officials eventually went around her to change them again.
George’s report also says that IRS staffers assert that lower-level employees crafted the screening process and that they were not influenced by any outside group.
Miller on Friday acknowledged that Lerner’s disclosure of the IRS targeting last Friday came from a planted question.
Camp had said in his opening statement that he was interested in hearing why the IRS targeting occurred and why the agency kept it secret for so long, who started the extra scrutiny, and when President Obama and his administration found out.
But in a hearing break, he told The Hill that he wasn’t satisfied with the answers the panel was getting from Miller, a feeling shared by other Republicans.
“On the one hand, you’re arguing today that the IRS is not corrupt,” said Rep. Peter Roskam (R-Ill.). “But the subtext of that is you say, ‘Look, we’re just incompetent.’ And I think it is a perilous pathway to go down.”
Cutting Social Security and Not Taxing Wall Street
By Dean Baker | Truthout | May 15, 2013
As we move towards the fifth anniversary of the great financial crisis of 2008, people should be outraged that cutting Social Security is now on the national agenda, while taxing Wall Street is not. After all, if we take at face value the claims made back in 2008 by Fed Chairman Ben Bernanke and former Treasury Secretaries Henry Paulson and Timothy Geithner, Wall Street excesses brought the economy to the brink of collapse.
But now the Wall Street behemoths are bigger than ever and President Obama is looking to cut the Social Security benefits of retirees. That will teach the Wall Street boys to be more responsible in the future.
Most people are now familiar with President’s Obama’s proposal to cut Social Security by reducing the annual cost of living adjustment. While the final formula is somewhat convoluted, the net effect is to reduce benefits by an average of roughly 3.0 percent.
Since Social Security benefits account for more than 70 percent of the income of a typical retiree, this cut is more than a 2.0 percent reduction in income. By comparison, a wealthy couple earning $500,000 a year would see a hit to their after-tax income of just 0.6 percent from the tax increase that President Obama put in place last year.
While President Obama is willing to make seniors pay a price for the economic crisis, his administration his unwilling to impose any burdens on Wall Street. Specifically, it has consistently opposed a Wall Street speculation tax: effectively a sales tax on trades of stock and derivatives. The Obama administration has even used its power to try to block efforts by European countries to impose their own taxes on financial speculation.
If the idea of taxing stock trades sounds strange, it shouldn’t. The United States used to impose a tax of 0.04 percent until Wall Street lobbied to eliminate it in the mid-1960s. Many countries, including the United Kingdom, Switzerland, China, and India already impose taxes on stock trades.
The tax in the UK is 0.5 percent on stock trades (0.25 percent for both the buyer and the seller). It dates back more than 3 centuries. The country raises more than 0.2 percent of GDP ($32 billion in the United States) from the tax each year. The tax has not prevented the London stock exchange from being one of the largest in the world.
There are currently two bills in Congress for a similar tax in the United States. A bill by Minnesota Representative Keith Ellison would impose the same tax as the UK on stock trades and would apply a scaled rate to options, futures, credit default swaps and other derivative instruments. It could raise more than $150 billion annually or more than $2 trillion over the ten year budget window.
A second bill has been put forward by Iowa Senator Tom Harkin and Oregon Representative Peter DeFazio. This bill would apply a 0.03 percent tax to trades of stock and a wide range of other financial assets. According to the Joint Tax Committee, the bill would raise close to $40 billion a year or over $400 billion over a ten-year budget window once it is implemented.
Unfortunately the administration has consistently opposed both bills. It claims that it is concerned about the incidence of these taxes – that ordinary investors would see large burdens from the tax. It also claims to be worried that the taxes will disrupt financial markets by making trading more costly.
Neither of these stories passes the laugh test. Ordinary investors don’t trade much, and therefore are not going to feel much impact from the tax. If someone with $100,000 in a 401(k) (this is much larger than the typical 401(k)) turns it over at the rate of 50 percent annually, they would pay $15.00 each year as a result of the Harkin-DeFazio tax.
Furthermore research shows that investors reduce their trading as costs increase. This means that if the tax increases trading costs by 20 percent, then investors will reduce their trading by roughly the same amount (in this example, turnover would fall to 40 percent annually). That means that the net cost of turnover in a 401(k) will barely change for a typical investor as a result of the tax. Wall Street would just see much less business.
So the Obama administration wants us to believe that it is willing to cut the Social Security benefits of retiree living on $15,000 a year in Social Security by $450 but it opposes a Wall Street speculation tax because it is concerned that investors with $100,000 in a 401(k) may pay a few dollars a year in additional trading costs. Only a reporter with the Washington Post would believe a story like that.
The other part of the Obama administration’s story is equally laughable. The cost of financial transactions has plummeted in the last four decades because of computers. Even the Ellison tax rate would just raise costs back to their mid-80s level. The Harkin-DeFazio tax rate would probably still leave costs lower than they were in 2000.
The country certainly had a vibrant capital market and stock exchange in the 1980s, taking costs part of the way back to this level will not prevent Wall Street from serving its proper role of transferring capital from savers to borrowers. It will just clamp down on speculation.
The basic story is very simple. Wall Street bankers have a lot more political power than old and disabled people who depend on Social Security. That is why President Obama is working to protect the former and cut benefits for the latter.
Decades of Political Tyranny at the IRS
By Karl Grossman | May 16, 2013
President Barack Obama got it right and wrong Monday when he stated, “If you’ve got the IRS operating in anything less than a neutral and nonpartisan way, then that is outrageous, it is contrary to our traditions.”
He was right in declaring it was “outrageous” for the IRS to target conservative organizations for tough tax treatment. But he was incorrect in saying “it is contrary to our traditions.”
For the U.S. Internal Revenue Service has for decades gone after organizations and individuals that take stands in conflict with the federal government at the time. This has been a tradition, an outrageous tradition.
It is exposed in detail by David Burnham, longtime New York Times investigative reporter, in his 1991 book A Law Unto Itself: The IRS and the Abuse of Power. He relates how President Franklin D. Roosevelt likely “set the stage for the use of the tax agency for political purposes by most subsequent presidents.” Burnham writes about how a former U.S. Treasury Secretary, banker Andrew Mellon, was a special IRS target under FDR. During the presidencies of Lyndon Johnson and Richard Nixon, he recounts, the focus of the IRS’s efforts “at political control” were civil rights organizations and those against the U.S. engaging in the Vietnam War. Nixon’s “enemies list” and his scheme to use the IRS against those on it is what the current IRS scandal is being most compared.
History Professor John A. Andrew III in his 2002 book Power to Destroy: The Political Uses of the IRS from Kennedy to Nixon—its title drawn from U.S. Supreme Court Chief Justice John Marshall’s dictum “The power to tax is the power to destroy”—focuses further on this tradition. He tells of how John F. Kennedy administration’s “Ideological Organizations Project” investigated, intimidated and challenged the tax-exempt status of right-wing groups including the John Birch Society. Then, with a turn of the White House to the right with Nixon came investigations, he writes, of such entities as the Jerry Rubin Foundation, the Fund for Investigative Journalism and the Center for Corporate Responsibility.
During the Reagan administration, I had my own experience with the IRS—ostensibly
because of a book I wrote. Nicaragua: America’s New Vietnam? involved reporting from what was then a war zone in Nicaragua and in Florida—where I interviewed leaders of the contras who were working with the CIA to overthrow Nicaragua’s Sandinista government—and Honduras, being set up as a tarmac for U.S. intervention in Nicaragua. I visited a U.S. military base there. The book warned against a U.S. invasion of Nicaragua (subsequently decided against by the Reagan White House after the Iran-contra scandal). The book was published in 1985 and soon afterwards I was hit with an IRS audit. It would be more, I was informed, than my showing up at an IRS office. The IRS was to come to my house for a “field audit.”
The investigator sat on one side of our dining room table and on the other side was me and my accountant, Peter Berger of Shelter Island. What would be an all-day event started with the investigator asking me to detail how much my family spent on food each week and then, slowly, methodically, going through other expenses. Then he went through income. He obviously was seeking to determine on this fishing expedition whether income exceeded expenses. He went through receipts for business expenses including restaurant receipts, asking who I ate with. He sorted through receipts for office supplies. By mid-afternoon, he had gotten nowhere. At that point, having been hours together, a somewhat weird relationship had been formed. And he began to tell me how his dream in college was to become a journalist. He expanded on that, and then asked: “Have you ever faced retaliation?”
“What do you think this is?” I responded.
He was taken back—insisting my name had come up “at random.”
In the end, all he did was trim some of what was listed as business use of my home phone.
Was I being retaliated against for the book I had written? One would never know. Recently, I ran into accountant Berger, now retired, and he commented about how that day at my house was the strangest IRS audit he had ever been involved in.
The IRS has been beyond reform. Burnham writes in A Law Unto Itself: The IRS and the Abuse of Power that a “political imperative of not messing with the IRS” has become “close to being a law of nature almost as unbending as the force of gravity.” It is “rarely examined by Congress.”
President Obama announced yesterday that the acting commissioner of the IRS was asked and agreed to tender his resignation as a result of the scandal. That’s a small start. Far more important is somehow ending the tradition of IRS political tyranny. Fundamental change in the IRS is called for.
Karl Grossman, professor of journalism at the State University of New York/College of New York, is the author of the book, The Wrong Stuff: The Space’s Program’s Nuclear Threat to Our Planet. Grossman is an associate of the media watch group Fairness and Accuracy in Reporting (FAIR).
DOJ’s AP Phone Logs Grab Highlights Renewed Need for Shield Law
By Gabe Rottman | ACLU | May 15, 2013
Although the president’s press secretary noted yesterday then-Senator Obama’s support for a federal shield law to protect reporters from having to disclose their sources, he failed to mention how the White House deep-sixed a comprehensive shield bill back in 2009. That bill could have prevented the extraordinary Associated Press subpoena, which was disclosed this week.
Back in 2009, various stakeholders—including Republicans in the House, Sens. Charles Schumer (D-N.Y.) and Arlen Specter (D-Pa.), and a broad coalition of free press and public interest groups—came together to support the Free Flow of Information Act. Although not perfect, the original bill contained express safeguards requiring the administration to exhaust all other means of obtaining the information sought and to tailor subpoenas narrowly, along with other safeguards to preserve source anonymity.
While initially backing the legislation, the administration abruptly reversed course in late 2009, demanding that the bill contain what amounted to an exemption for national security leak cases and severely limiting judicial discretion under the measure. The bill died and has yet to be resurrected.
If there ever were a time to resurrect the federal shield law, it is now.
Although the details are still trickling out, it’s clear that a Justice Department leak investigation sought the dial-out records of 20 phone lines belonging to the AP and its reporters. The request covered both the personal mobile and home phones of targeted journalists, as well as office numbers for the AP in New York, Washington, Hartford, and the House of Representatives’ press gallery. More than 100 reporters work at the offices subject to the subpoenas, and the information pulled covered two months. Perhaps most striking, notice of the subpoena was delayed—meaning that the AP had no opportunity to go to court to contest it before the DOJ secured the records.
I haven’t been able to find any cases of similar sweep. In one of the more recent cases involving a leak subpoena for phone records (involving a tip to The New York Times that the offices of two Islamic charities suspected of funding terrorism were about to be raided), the government notified the news outlet in advance, negotiated with the Times at length, and only sought a subpoena as a last resort. The scope of the subpoena was modest compared to the AP request, covering only a couple of weeks of records and only two journalists. That’s a far cry from what happened here.
The notion of a reporter shield or privilege isn’t to protect journalists; it’s to protect the public. When the Bill of Rights was being drafted, America had a vibrant mass media. Indeed, it even had the 18th century equivalent of the blogger (the proverbial “lonely pamphleteer”). The drafters were well aware of the power of a free media to restrain government excess and to undermine the authoritarian impulse. Many recalled, for instance, the case of John Zenger, the colonial printer charged with libel for printing a periodical critical of the New York governor. That prosecution led in part to calls for express protection for freedoms of press and speech in the Constitution.
An essential element of the journalist’s toolkit is the anonymous source, and this is doubly true in the context of national security reporting. As the government itself acknowledges, the current classification system for sensitive national security information is deeply flawed. Not only is there little incentive not to classify something, too often national security is used as an excuse to prevent disclosure of information about embarrassing or illegal activities.
Absent “leaks,” we would never have learned about the Bush administration’s warrantless wiretapping program, its use of CIA “black sites,” and the unlawful torture of detainees in the Iraq War and the so-called “war on terror.” In more recent days, “leaks” have been instrumental in the public disclosure of the Obama administration’s cyberattacks against Iran and its targeted killing program.
And yet, despite the clear public interest in revealing this government misconduct, the Obama administration—the “most transparent administration in history“—will have as one of its legacies an unprecedented crackdown on the unauthorized disclosure of classified information. It has prosecuted many more leakers (twice as many as all previous administrations combined), and pursued leak investigations more aggressively than anyone else. The time is ripe for a federal law that would protect reporters from having to disclose their sources (with limited exceptions to ensure due process for criminal defendants and to prevent actual and imminent harm).
The AP scandal casts this need in stark relief.
Update:
The administration has asked Sen. Schumer to reintroduce the Free Flow of Information Act, Rep. John Conyers (D-Mich.) just announced that he will do so in the House, and Rep. Ted Poe (R-Texas) introduced a similar bill today. The administration should certainly be commended for taking proactive steps to prevent this from happening again. That said, the administration can’t get in the way this time. The demand in 2009 for a broad exception for national security leaks cases delayed the bill, and tempered enthusiasm among Democrats for the bill in the face of strong opposition by certain Republicans. The 2013 bill must protect against what happened here with the AP, and it’s not clear that the 2009 White House compromise would have done so.
Related article
Why is Obama Hiding 6,000-Page Report on Bush-Era Torture and Why is Torture Still Allowed?
By Matt Bewig | AllGov | May 13, 2013
President Barack Obama is currently blocking the release—or allowing the CIA to block the release—of a comprehensive Senate report on the use of torture by the George W. Bush administration CIA that is said to conclude that torture was not an effective or reliable method of interrogation and that the agency repeatedly misled the White House, the Justice Department, and Congress about its interrogation efforts.
Initiated by Senate Intelligence Committee Chair Sen. Jay Rockefeller (D-West Virginia) and continued by Sen. Dianne Feinstein (D-California) when she succeeded him in 2009, the Senate torture probe entailed about six years of work and the review of 6 million pages of documents. In December 2012, the committee voted out the report on a mostly party line vote. Since that time, the report has been stuck in limbo at the CIA, with Director John Brennan refusing to state when his review will be complete, and reports indicating that the agency intends to write a rebuttal and oppose public release of the report.
Although the report validates anti-torture positions taken by Democrats, including President Obama, during the Bush years, Obama may be delaying its release over concerns about shedding negative light on his own, related, anti-terror policies that offend human rights, such as the continued use of torture at Guantánamo Bay or the predator drone assassination program. Further, the deep involvement of Obama’s hand-picked CIA Director, John Brennan, in the Bush-era torture and kidnapping programs may call Obama’s judgment about Brennan into question.
On the issue of torture at Guantánamo, the Obama White House claimed in 2009 that the President had canceled all Bush-era legal memos purporting to justify the use of “enhanced interrogation” techniques not authorized by the Army Field Manual. The President did not, however, cancel an April 13, 2006, memo regarding the 2006 revision of the Army Field Manual and its controversial Appendix M on interrogation. That memo justifies the use of isolation, sleep deprivation, and forms of sensory deprivation that have been denounced as torture or abuse by a number of human rights and legal groups—and which sparked the ongoing hunger strike at Guantánamo.
Obama may be concerned about the impact release of the report might have on his predator drone targeted assassination program. In 2009, the Obama administration successfully persuaded the Second Circuit Court of Appeals in New York to overrule a trial judge’s ruling ordering release of a September 17, 2001, presidential directive that established a wide range of anti-terror efforts, including the use of torture. Why Obama went to such great lengths to keep the directive secret may have been revealed by the appeals court opinion, which stated that “the withheld information pertains to intelligence activities unrelated to the discontinued [torture] program,” including targeted killings of suspected al-Qaeda operatives.
Related articles
- Obama Administration Keeps Report On Secret Terms (salon.com)
- The Absurdity of Letting the CIA Vet the Torture Report (theatlantic.com)
- Criminal Government (alethonews.wordpress.com)
- Russia Bars Bush-Era Torture Lawyers (alethonews.wordpress.com)
What the NYT Doesn’t Say About Washington’s Syrian Peace Plan
By Michael McGehee | NYTX | May 9, 2013
On page A12 of the May 8, 2013 edition of The New York Times is Steven Lee Myers and Rick Gladstone’s article “U.S. and Russia Plan Conference Aimed at Ending Syrian War,” which opens by stating that, “Russia and the United States announced on Tuesday that they would seek to convene an international conference within weeks aimed at ending the civil war in Syria, jointly intensifying their diplomatic pressure on the combatants to peacefully settle a conflict that has taken more than 70,000 lives and left millions displaced and desperate.” This is a most welcoming turn of events, especially for the people of Syria who have taken the brunt of the civil war, and hopefully the conference bears fruit quickly.
But—and there is one of these stubborn conjunctions—it is important for the purpose of history to note that for two years now the United States has blocked any peaceful resolution, and has instead pushed the conflict further and deeper into violence and war.
It is Russia who has long pushed for a political reconciliation.
In October 2011 RIA Novosti reported that “Moscow calls on the UN Security Council to continue the search for a balanced approach toward the political crisis in Syria based on a draft resolution prepared by Russia and China, Russia’s envoy to the UN said,” with the phrase “balanced” being a jab at how Washington and its allies have put all the requirements on the Syrian government to end violence, and not the rebel forces whom they have been backing.
Writing in December of 2011, Egypt Independent reported that, “Deputy Russian Foreign Minister Sergey Ryabkov on Monday emphasized the need for dialogue and reconciliation in Syria.”
Even in December of 2012 Voice of America reported that, “Russian Foreign Minister Sergei Lavrov has echoed a call from an international peace envoy to resolve Syria’s civil war through a government-backed national dialogue and political process.”
The New York Times also reported on Russian efforts that same month when they informed readers that, “Moscow has made a muscular push for a political solution in recent days.”
While it is inaccurate to imply that Russia’s search for “a political solution” was “in recent days,” it is more disturbing that phrases like “muscular push” are used to describe such an effort, while the “paper of record” has routinely tried to make a case for war (see here and here).
A month ago today (May 8, 2013) the Syrian rebels detonated a car bomb near a school in Damascus, killing 14, and wounding dozens of others. According to Reuters, “State television said the explosion had occurred near a school in Sabaa Bahrat, a heavily populated area that also houses the Central Bank and the Finance Ministry. It said 53 people were wounded.”
Washington failed to condemn the act of terror.
Likewise when Daily Mail ran an article last December with this headline: “Syria rebels ‘beheaded a Christian and fed him to the dogs’ as fears grow over Islamist atrocities.” Apparently there is no “red line” for the rebels to cross.
And there are dozens and dozens of similar incidents. Not once has Washington put pressure on the rebels to stop their senseless violence, or argued for an international force to intervene and defend the Syrian people from the terrorists. Nor have Western establishment pundits like Bill Keller argued for such things. And even though al Qaeda is active in the country, beheading so-called infidels, or that the Syrian rebels are likely using chemical weapons, Washington and its media parrots have instead favored escalation. Just over a week ago The New York Times reported that “The White House is once again considering supplying weapons to Syria’s armed opposition.” This comes after the car bombing across the street from a children’s school.
And now Washington wants peace, as Myers and Gladstone tell us that “The announcement appeared to signal a strong desire by both countries to halt what has been a dangerous escalation in the conflict.”
Perhaps it has become clear that the rebels cannot win this war on their own, and the only reasonable way Bashar Assad will be brought down is another U.S. war which will elevate the jihadis into power. Perhaps President Obama is imagining one of these rebel jihadis attacking an American embassy in Damascus, and the Republicans foaming at the mouth for another politicized inquiry into how such an attack could happen, as they currently are over the embassy attack in Benghazi, Libya last year.
Whatever the reasons for the turnaround it is gladly welcomed. The people of Syria deserve a rescue from the terror Washington, Turkey, Saudi Arabia, Qatar, and others, have unleashed on them. Though we should remain sober and note that the “conflict that has taken more than 70,000 lives and left millions displaced and desperate” is largely of Washington’s doings, and could have been avoided years ago if Uncle Sam followed the lead of Moscow and Bejing, both of whom had the “strong desire . . . to halt what has been a dangerous escalation in the conflict.”
We should also recall that The New York Times derided Russia for their “strong desire” and even went so far as to equate it with “effectively toss[ing] a life preserver to President Bashar al-Assad, seemingly unwilling to see a pivotal ally and once stalwart member of the socialist bloc sink beneath the waves of the Arab Spring.” Russia was just as clear then as they are now: they did not want to go along with efforts that would worsen the situation, but now that the situation has gotten considerably worse, and Washington is warming to the idea of a political solution, now The New York Times is presenting this as a positive development.
US drone strikes illegal – Pakistani court
RT | May 10, 2013
A high court in Pakistan has ruled that US drone strikes in the country’s tribal belt should be considered war crimes, since the attacks resulted in the deaths of innocent people.
The Peshawar High Court has recommended the Pakistani government advance a resolution against the attacks in the United Nations. The court issued its verdict on the CIA-run air strikes in response to four petitions charging the attacks killed civilians and caused “collateral damage.”
Chief Justice Dost Muhammad Khan heard the petitions, and ruled that drone strikes on sovereign Pakistani territory were illegal, inhumane and a violation of the UN charter on human rights.
“The government of Pakistan must ensure that no drone strike takes place in the future,” the court said on Thursday, according to the Press Trust of India.
The court also recommended that if the US rejects these findings in the UN, Pakistan should break off relations with Washington: “If the US vetoes the resolution, then the country should think about breaking diplomatic ties with the US.”
The Pakistani case was filed last year by the Foundation for Fundamental Rights, a charity based in Islamabad, on behalf of the families of victims killed in a drone attack on a tribal jirga, including more than 50 tribal elders and a number of government officials.
According to a report submitted by political officials of North Waziristan Agency, 896 Pakistani residents of the region were killed in the last five years ending December 2012, and 209 were seriously injured. A report by the South Waziristan Agency showed that 70 drone strikes were carried out in the last five years ending June 2012, in which 553 people were killed and 126 injured.
“In view of the established facts, undeniable in nature, under the UN Charter and Conventions, the people of Pakistan have every right to ask the security forces either to prevent such strikes by force or to shoot down intruding drones,” the court verdict said.
Shahzad Akbar, a lawyer for victims in the case, hailed this as a “landmark” judgment: “Drone victims in Waziristan will now get some justice after a long wait. This judgment will also prove to be a test for the new government: If drone strikes continue and the government fails to act, it will run the risk of contempt of court,” he said, according to the website of legal action charity Reprieve.
The United States regularly targets Al-Qaeda and Taliban militants in Pakistan’s mountainous tribal regions accused of carrying out cross-border attacks in Afghanistan. Washington claims the operations are done in cooperation with Pakistan’s military.
Human rights groups, however, criticize the “collateral damage” of innocent civilian deaths caused by the attacks, and point to the shroud of secrecy surrounding drone use.
“Drone attacks on northwest Pakistan, which commenced under former US President George W. Bush in 2004, have increased sevenfold under Obama and have caused the deaths of thousands of suspected terrorists and at least hundreds of civilians in Pakistan and Yemen,” Bloomberg reported in April.
Even some of America’s leading commanders fear blowback over the indiscriminate use of this new military technology.
“The resentment created” by Washington’s newfound reliance on drone strikes “is much greater than the average American appreciates,” General Stanley McChrystal, the former top commander in Afghanistan, told Reuters in January. The use of drones adds to “the perception of American arrogance that says, ‘We can fly where we want, we can shoot where we want, because we can.”’
At the same time, America’s foreign critics seem to be gaining ground as Washington continues to pursue drone warfare.
Former Pakistani Prime Minister Nawaz Sharif, whose Pakistan Muslim League (PML-N) party is considered the favorite in this Saturday’s election, recently vowed that he would not permit drone attacks on Pakistani soil.
“Drone attacks are against the national sovereignty and a challenge for the country’s autonomy and independence,” he said.
Clive Stafford Smith of the London-based group Reprieve said the court’s ruling is a step toward greater transparency in Washington’s use of drone technology: “Today’s momentous decision by the Peshawar High Court shines the first rays of accountability onto the CIA’s secret drone war,” the Independent quoted him as saying.
The innocent people killed by American drone strikes are civilian victims of US war crimes, he added.
Related article
Obama to support Internet wiretapping program
RT | May 08, 2013
United States President Barack Obama is likely to endorse a Federal Bureau of Investigation effort that would ensure all Internet companies in the US provide a way for the government to conduct undetected, backdoor surveillance.
The FBI has been considering solutions to their so-called “Going Dark” problem as intricate methods of encryption and advances in technology have made it increasingly difficult for the federal government and law enforcement to gain access to online communications conducted in the shadows of the Web. Should the latest efforts of the FBI move forward, though, Internet companies that act as any conduit for correspondence of any kind would be heavily fined if they don’t include in their infrastructure a way for the government to eavesdrop on that dialogue in real time.
At a press conference in Washington, DC in March, FBI general counsel Andrew Weissmann said the Department of Justice was determined to have the means to wiretap any online communication by 2014 and called it “a huge priority for the FBI.” Further developments last month revealed that the FBI was considering a fine-based model under which Internet companies would be forced to comply or risk being penalized beyond repair.
On Tuesday, New York Times reporter Charlie Savage cited Obama administration officials as saying the president “is on the verge of backing” that very plan.
Savage explained that while companies would be allowed to operate without giving the government backdoor access, the fees would likely limit the number of entities willing to challenge the order. As RT reported last month, a company that doesn’t comply with the FBI’s orders would be fined $25,000 after 90 days. Additional penalties would then be tacked on every day an Internet service provider, website or other company fails to comply — with the price of the penalty doubling each day they don’t assist investigators.
“While the FBI’s original proposal would have required Internet communications services to each build in a wiretapping capacity, the revised one, which must now be reviewed by the White House, focuses on fining companies that do not comply with wiretap orders,” wrote Savage. “The difference, officials say, means that start-ups with a small number of users would have fewer worries about wiretapping issues unless the companies became popular enough to come to the Justice Department’s attention.”
Savage quoted a statement in his article from Weissmann in which the FBI attorney said, “This doesn’t create any new legal surveillance authority.” Instead, said Weissman, “None of the ‘going dark’ solutions would do anything except update the law given means of modern communications.”
“This always requires a court order,” he said.
Coincidently, that same issue has had major developments in its own right this week. On Wednesday morning, CNET reporter Declan McCullagh wrote that the Justice Department circulated memos in which they insisted that obtaining a search warrant isn’t necessary to eavesdrop on Internet communication of any sort.
“The US Department of Justice and the FBI believe they don’t need a search warrant to review Americans’ e-mails, Facebook chats, Twitter direct messages and other private files, internal documents reveal,” wrote McCullagh, citing a government documents obtained by the American Civil Liberties Union and provided to CNET.
According to McCullagh, those documents include very specific instructions from high-importance officials that demonstrate the Justice Department’s disinterest in applying established law when it comes to eavesdropping on Americans. While Weissmann made the argument that the FBI plan reportedly backed by the president won’t change what rules the DoJ operates by, the memos obtained by McCullagh paints the Obama White House as an administration unwilling to work with the already broad surveillance powers provided to it.
In one memo unearthed by the ACLU, McCullagh said the US attorney for Manhattan instructed his office that an easy-to-obtain legal paper that requires no judicial oversight is all that’s needed to obtain personal correspondence.
“[A] subpoena — a piece of paper signed by a prosecutor, not a judge — is sufficient to obtain nearly ‘all records from an ISP,’” McCullagh wrote.
In another instance, McCullagh said the US attorney in Houston, Texas obtained the “contents of stored communications” from another ISP without getting a judge to sign a warrant.
One current law that limits how and when authorities can obtain a suspect’s email pursuant to a criminal investigation, the Electronic Communication Privacy Act, provides that while a warrant is needed for relatively recent correspondence, a comparably easier to get administrative subpoena is all that’s required to get communication older than 180 days. Provisions of the ECPA have been largely unchanged since it was passed in the mid-1980s, but last month a Senate Judiciary Committee approved an amendment that would require a warrant in all instances.
In advocating for fewer restrictions when obtaining store communication, the FBI’s Wessmann said in April that another law, 1994’s Communications Assistance for Law Enforcement Act, needs to be expanded so investigators can leap over current hurdles that keep them from conducting real time wiretaps of online discussions.
“You do have laws that say you need to keep things for a certain amount of time, but in the cyber realm you can have companies that keep things for five minutes,” he said. “You can imagine totally legitimate reasons for that, but you can also imagine how enticing that ability is for people who are up to no good because the evidence comes and it goes.”
In the wake of the Boston Marathon bombing on April 15, renewed calls across the country have been made to make it easier for investigators to quickly conduct surveillance — in and off the Web. A recent poll found that roughly two-thirds of Americans favored more surveillance cameras in public places, and now the nation’s top law officials are asking for increased spy power not just on the streets but on the Web.
Earlier this month, Google Chairman Eric Schmidt said at a discussion in Washington, “When you come across an advocate for one thing — an advocate for security, and advocate for privacy — they’re often arguing from a position without understanding that it’s a two-edged sword.”
“For example, very strong encryption would allow you and I to have a very, very secure communication: If we were criminals, if we were dissidents, if we were martyrs or if we were just doing a little business,” he said. “If you could figure out a way to ban very strong encryption from evil people and only allow good people…then this would be easy,” he said.
Related articles
- Obama administration bypasses CISPA by secretly allowing Internet surveillance (alethonews.wordpress.com)
- Spy, or pay up: FBI-backed bill would fine US firms for refusing wiretaps (alethonews.wordpress.com)
- To Ease Internet Snooping, Feds Promise To Ignore Privacy Violations (reason.com)
Defend Assata, Defend Ourselves: The Black Is Black Coalition Rallies in Harlem
A Black Agenda Radio commentary by Glen Ford | May 8, 2013
In doubling the bounty on former Black Liberation Army member Assata Shakur’s head, the Obama administration is announcing that Black radicals are candidates for his Kill List. The message is as unmistakable and dramatic as the billboards that have been erected in Newark, New Jersey, and elsewhere screaming for the exiled freedom fighter’s blood.
One does not wind up on the FBI’s Most Wanted list based on the number of murders committed or millions of dollars stolen. The Most Wanted list is among the nation’s most political documents, in which individuals are meant to personify the scope and type of offenses that the U.S. government considers most in need of stamping out. The list is a kind of propaganda, a symbolic display of what the state considers dangerous behavior.
President Obama and Attorney General Eric Holder, the two Black men who are most responsible for making Assata Shakur the face of domestic terror in the United States, are fully conversant in the language of symbolism. They are publicly defining the Black liberation movement – or what’s left of it, or those who might attempt to revive it – as a priority domestic target for repression. Shakur, a 65-year old grandmother who has not left Cuba for the past 29 years, poses no physical danger to the American state. She represents a political threat, through her “ideology,” as brazenly stated by the FBI. The Bureau has marked Shakur for priority assassination on the basis of, in the FBI’s words, her “anti-U.S. government speeches espousing the Black Liberation Army message.” “Terrorism” is somehow inherent in the message of Black liberation. Advocacy of Black liberation, is the threat. The reward of $2 million is meant to silence Assata Shakur’s political speech, and remove her as a symbol of resistance to the U.S government.
For the National Security State, “terror” is a powerful word, with vast legal ramifications. The Obama administration is informing Americans and Cubans that Assata is as much fair game for assassination by drone as the late Anwar al-Awlaki. Barack Obama and Eric Holder are serving notice that those who share Assata’s ideology – as understood by the FBI – are subject to eradication as well, because it is an ideology of terror. And they are telling those who give “substantial support” to Assata that they are subject to detention by the U.S. military without trial or charge, for the duration of the war against “terror.”
The Black Is Back Coalition for Social Justice, Peace and Reparations will hold a demonstration on Thursday, May 9, from 5 to 7pm, in front of the Harlem State Office Building in New York City, to give substantial and unwavering support to the safety and freedom of Assata Shakur; Freedom for Sundiata Acoli and Sekou Odinga, Black Liberation Army members held in U.S. prisons; and Freedom for All Political Prisoners.
They tried to kill Assata in 1973, and their still trying. They tried to kill the Black liberation movement, but its not dead yet. Join the Black is Back Coalition and a host of other concerned organizations at the Harlem State Office Building, on 125th Street, at 5pm, on Thursday. Tell the real terrorists what you think about them, their austerity, their mass incarceration, and their wars.
Glen Ford can be contacted at GlenFord@BlackAgendaReport.com.
For more information, go to Black Is Back Coalition event Facebook page:

