Daily Archives: March 6, 2017

Trump, NATO, and the Burden of the Past – American Thinker

Posted: March 6, 2017 at 2:54 pm

In his first speech to members of NATO, American Secretary of Defense Mattis said, Americans cannot care more for your childrens future security than you do. This echoes his boss Donald Trumps campaign statement,"Number one it (NATO) was obsolete, because it was designed many, many years ago.Normally, a new president can count on the backing of his own party, but on this issue there is a rare consensus on both sides of the aisle in support of the existing policies.

The core divergence of geopolitical views is this:

TheNorth Atlantic Treaty Organization, NATO, is a case in point. Established in April 1949, NATO was designed to serve three objectives:

At that moment in time Europe was in ruins and facing a formidable threat from the Red Army, and later from the combined forces of the Warsaw Pact. Givenstrategic and political realities, the United States emerged as the principal guarantor of peace. With the demise of the Soviet Union, the Warsaw Pact disintegrated as well. So, if you are Vladimir Putin, you would ask the United States about NATO, Against whom are you maintaining this beautiful friendship?

And if you are Donald Trump, you realize that seventyyears later the kids have grown up and the geostrategic reality is fundamentally different. Today, the European Union is a massive economic power, with a population of 500 million and a combined GDP akin to the United States. Russias GDP is comparable to South Korea or Australia. The EUis sufficiently strong to maintain the regional order.

However, despite economic strength and manpower, Western democracies, having downgraded their military capabilities, continue to rely on the United States for maintaining their security.The absurdity is that while Europeans are enjoying a 35-hour work week, generous benefits and extended vacations, American workers have to put in 40 to 50 hours per week to support Europes defense.

And it gets better! With the collapse of the Soviet Union and the disintegration of the Warsaw Pact, NATO found itself without a mission. Mission accomplished is not good news for a military alliance it needs enemies for self-preservation.

Hence, the concept of an alliance was quietly converted into a doctrine of collective security. The significance is that while alliances identify potential adversaries and serve clearly defined objectives, the doctrine of collective security carries much broader implications. It may oppose any aggressive conduct anywhere in the world that may be interpreted as a threat to the peaceful international order. In this spirit NATO, paraphrasing John Quincy Adams, has gone around the world in search of monsters to destroy -- often pursuing not strategic but moral goals in an attempt to promote Western values.

But the most troublesome aspect of this conversion is that in a violation of the verbal agreement between Secretary of State James Baker and Russian Foreign Minister Eduard Shevardnadze. After the fall of the Berlin Wall, NATO launched a massive expansion to the east, growing from 16 countries before the reunification of Germany to 28 today. This expansion can be seen from Moscow only as a strategy to encircle Russia and turn its neighbors into hostile countries. It provokes Russias paranoia and couldlead to a direct confrontation with the United States reminiscent of the Cuban Missile Crisis.

As George Kennan,American diplomat and author of the concepts of Cold War and containment, prophetically wrote in theNew York Timeson February 5, 1997:

..expanding NATO would be the most fateful error of American policy in the entire post-cold war era.... Such a decision may be expected to inflame the nationalistic, anti-Western and militaristic tendencies in Russian opinion; to have an adverse effect on the development of Russian democracy; to restore the atmosphere of the cold war to East-West relations, and to impel Russian foreign policy in directions decidedly not to our liking.

President Clinton, who was an architect of the expansion, ignored George Kennans warning and subsequently created a destabilizing environment in Europe, which was further exacerbated by the Obama administration. Idealism and affinity have led to the over-extension of American commitments and resulted in financial burdens that, according to Trump, America can no longer afford.

As Lord Salisbury observed,The commonest error in politics is sticking to the carcass of dead policies.

Alexander G. Markovsky is a Soviet migr. He holds degrees in economics and political science from the University of Marxism-Leninism and an MS in structural engineering from Moscow University. He resides in Houston, Texas, with his wife and daughter, where he owns a consulting company specializing in the management of large international projects. Mr. Markovskyhas also written for the The Hill, Israpundit, New York Daily News, RedState, and WorldNetDaily.He can be contacted atalex.g.markovsky@gmail.com

In his first speech to members of NATO, American Secretary of Defense Mattis said, Americans cannot care more for your childrens future security than you do. This echoes his boss Donald Trumps campaign statement,"Number one it (NATO) was obsolete, because it was designed many, many years ago.Normally, a new president can count on the backing of his own party, but on this issue there is a rare consensus on both sides of the aisle in support of the existing policies.

The core divergence of geopolitical views is this:

TheNorth Atlantic Treaty Organization, NATO, is a case in point. Established in April 1949, NATO was designed to serve three objectives:

At that moment in time Europe was in ruins and facing a formidable threat from the Red Army, and later from the combined forces of the Warsaw Pact. Givenstrategic and political realities, the United States emerged as the principal guarantor of peace. With the demise of the Soviet Union, the Warsaw Pact disintegrated as well. So, if you are Vladimir Putin, you would ask the United States about NATO, Against whom are you maintaining this beautiful friendship?

And if you are Donald Trump, you realize that seventyyears later the kids have grown up and the geostrategic reality is fundamentally different. Today, the European Union is a massive economic power, with a population of 500 million and a combined GDP akin to the United States. Russias GDP is comparable to South Korea or Australia. The EUis sufficiently strong to maintain the regional order.

However, despite economic strength and manpower, Western democracies, having downgraded their military capabilities, continue to rely on the United States for maintaining their security.The absurdity is that while Europeans are enjoying a 35-hour work week, generous benefits and extended vacations, American workers have to put in 40 to 50 hours per week to support Europes defense.

And it gets better! With the collapse of the Soviet Union and the disintegration of the Warsaw Pact, NATO found itself without a mission. Mission accomplished is not good news for a military alliance it needs enemies for self-preservation.

Hence, the concept of an alliance was quietly converted into a doctrine of collective security. The significance is that while alliances identify potential adversaries and serve clearly defined objectives, the doctrine of collective security carries much broader implications. It may oppose any aggressive conduct anywhere in the world that may be interpreted as a threat to the peaceful international order. In this spirit NATO, paraphrasing John Quincy Adams, has gone around the world in search of monsters to destroy -- often pursuing not strategic but moral goals in an attempt to promote Western values.

But the most troublesome aspect of this conversion is that in a violation of the verbal agreement between Secretary of State James Baker and Russian Foreign Minister Eduard Shevardnadze. After the fall of the Berlin Wall, NATO launched a massive expansion to the east, growing from 16 countries before the reunification of Germany to 28 today. This expansion can be seen from Moscow only as a strategy to encircle Russia and turn its neighbors into hostile countries. It provokes Russias paranoia and couldlead to a direct confrontation with the United States reminiscent of the Cuban Missile Crisis.

As George Kennan,American diplomat and author of the concepts of Cold War and containment, prophetically wrote in theNew York Timeson February 5, 1997:

..expanding NATO would be the most fateful error of American policy in the entire post-cold war era.... Such a decision may be expected to inflame the nationalistic, anti-Western and militaristic tendencies in Russian opinion; to have an adverse effect on the development of Russian democracy; to restore the atmosphere of the cold war to East-West relations, and to impel Russian foreign policy in directions decidedly not to our liking.

President Clinton, who was an architect of the expansion, ignored George Kennans warning and subsequently created a destabilizing environment in Europe, which was further exacerbated by the Obama administration. Idealism and affinity have led to the over-extension of American commitments and resulted in financial burdens that, according to Trump, America can no longer afford.

As Lord Salisbury observed,The commonest error in politics is sticking to the carcass of dead policies.

Alexander G. Markovsky is a Soviet migr. He holds degrees in economics and political science from the University of Marxism-Leninism and an MS in structural engineering from Moscow University. He resides in Houston, Texas, with his wife and daughter, where he owns a consulting company specializing in the management of large international projects. Mr. Markovskyhas also written for the The Hill, Israpundit, New York Daily News, RedState, and WorldNetDaily.He can be contacted atalex.g.markovsky@gmail.com

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Trump, NATO, and the Burden of the Past - American Thinker

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Aircraft based in San Antonio take part in major NATO operation along Russian border – mySanAntonio.com

Posted: at 2:54 pm

Photo: JERRY LARA, San Antonio Express-News

Aircraft based in San Antonio take part in major NATO operation along Russian border

RIGA, Lativa The 22 soldiers in a chilly, darkened seating area toward the rear of the C-5M Super Galaxy bounced and jerked as its rear wheels hit a rain-slicked runway in this small Baltic country bordering Russia.

Air Force Reserve Capt. Mike Raggio of San Antonio adjusted the rudder to align the 28-wheel landing gear with the center line. Thrust reversers slowed the aircraft to an approach speed, then it rolled to a stop and the soldiers began unloading three UH-60 Black Hawk helicopters.

RELATED:The U.S. is putting tanks and troops right in Russia's backyard

The arrival here of the 10th Mountain Division's 2-10 Assault Helicopter Battalion last week was mostly unnoticed in the United States. But it was a major event in Latvia , a member of NATO and a former Soviet republic whose Russian border neighborhood has grown increasingly tense in recent years.

The battalion, ferried from Fort Drum, New York by the giant transport planes based at Joint Base San Antonio-Lackland, is part of a brigade that has sent 2,200 soldiers to Latvia, Germany and Romania for a nine-month training tour.

That deployment is part of Operation Atlantic Resolve, a multinational mission whose American footprint throughout Europe is 5,800 soldiers so far, including a 400-strong 1st Armored Division aviation regiment from Fort Bliss.

Added to the 70,000 U.S. troops permanently assigned to Europe, Atlantic Resolve is NATO's biggest military buildup along Russia's borders since the Cold War, military observers say.

Its a message to Moscow in the wake of a resurgent Russias annexation of the Crimea in 2014, combat clashes within Ukraine and support for other pro-Russian separatists in nations once part of the Soviet Union.

RELATED:Trump wary of Russian deal; new advisers urge tougher stand

Estonia, a neighbor of Latvia, accused Russians of kidnapping a senior security official in 2014; Russia said it detained him on the Russian side of the border. Russian President Vladimir Putin has positioned nuclear-capable missiles in Kaliningrad, a piece of Russia that borders Poland and Lithuania, and has sent warships armed with cruise missiles to the Baltic Sea. And Russian warplanes have buzzed NATO aircraft this year.

So the arriving Super Galaxies and the Blackhawks they unloaded were a welcome sight to Latvians unnerved by President Trump's criticism of NATO, particularly its member nations that aren't paying their share to support the alliance. In a pre-inauguration interview with the Times of London and Bild, a German newspaper, Trump stunned some observers by saying NATO was obsolete, because it was designed many, many years ago.

Trump also hinted during last years campaign that he might not honor the alliances Article V, which treats an attack on one member nation as an attack on all. But Vice President Mike Pence and Defense Secretary James Mattis, at a recent conference in Europe, tried to reassure NATO of Americas commitment while making it clear its nations had to meet their financial obligations.

Soldiers in the 10th Mountain Division wouldnt address Trumps comments but said their deployment should be a clear signal to Russia and its worried neighbors.

Messaging is very important. And that's our goal, to reassure in the Baltic region our NATO and our partner forces and allies of the commitment, said Capt. Lewis Hudson, 28, of Silver Spring, Maryland, a pilot and commander of an assault helicopter company now based in Latvia.

Weve thought about the message, added the battalions commander, Lt. Col. Joshua Ruisanchez, 40, of Ro Piedras, Puerto Rico. And its simple: Its truly our commitment and resolve to the NATO countries.

Part of the reassurance, he said, comes from the size and power of the training force, by sending an entire combat aviation brigade over to Eastern Europe to demonstrate what NATO commanders call interoperability among member nations armed forces.

You've got the British, the French, the Germans, the Canadians, so we'll be operating with them, with much of the 10th Mountain brigade, joined by the Fort Bliss contingent,based in Germany and working with the partner nations, Estonia, Latvia, Lithuania, Romania, Hungary and Poland, Ruisanchez said. We'll be a task force the moment we hit ground.

As his soldiers waited in an adjacent room at Fort Drum to board their Riga-bound flights, Hudson spoke of them as helicopter air assault professionals.

We want to be able to help (the Latvians) be able to work alongside us to the same level of proficiency that our forces are, he said.

Its a relationship and a message that doesnt ring hollow when you show up and you're a capable force and then train them to become their own capable forces, said Sgt. Maj. Ronnie Littler, 42, of Tucson, Arizona.

Different kind of mission

Something else was being demonstrated speed of assembly, a byword of the integration of Army and Air Force operations, exemplified by the battalions airlift, Hudson said.

That's what the Air Force really provides, for the Army to be able to go into (Europe) expeditiously, Hudson said. In less than eight hours we can go from the East Coast to anywhere in Europe and start setting up our forces to support any NATO country that needs the support and reassurance, and to help deter any aggression, regardless of where it comes from.

The battalions 1,800 troops were moved to Riga in a combination of military and civilian contract aircraft. The Lackland-based transports moved the heavy stuff three Blackhawks per C-5 flight.

The missions high geopolitical profile is unusual for the Air Force Reserve's 433rd Airlift Wing, which spans the globe in any given month without fanfare, supplying the military from South Korea to Afghanistan.

Raggio, 30, became a command pilot at the unusually young age of 26. Starting Tuesday, his C-5 twice flew the 8.5 hours from Fort Drum to Riga weighing 720,000 pounds at each takeoff and was to stop at Ramstein Air Base in Germany on the way home.

By the time theyre done, the planes 14 crew members will have crossed the Atlantic four times and burned 120,000 gallons of jet fuel over 20,080 miles.

The fuel economy? Six gallons per mile.

Nothing ever goes quite as planned for the Alamo Wing, a unit with a long history of flying the C-5, whose cargo bay is longer than the Wright Brothers first flight at Kitty Hawk, North Carolina. The Super Galaxy can be as temperamental as it is big.

Given the potential for mechanical issues and revised orders, airmen tell their families never to count on them returning on time. The make frequent grocery runs while en route to buy more food than theyll likely need. And they have rituals and superstitions.

Master Sgt. Eric Mungia, 33, stops at the Little Taco Factory in Kirby before a mission and always orders huevos rancheros, a side of bacon and black coffee.

And the crew wont jinx things by putting on flight suits at the hotel until the alert order has been given to head to the air base unless were in Hawaii and I want to stay longer, said Master Sgt. Will Jalomo, 45, of Lytle, the primary C-5 loadmaster on this trip.

This time the five pilots, five loadmasters, two engineers and two flying crew chiefs fell behind schedule on the first day, thanks to a faulty electrical circuit and the idiosyncrasies of international air travel a 15-minute diplomatic clearance window over southern Norway.

One of the three Black Hawks brought to the plane wasnt on Mungias original plan. As loadmaster, he had to determine its weight and compute its center of gravity, as he does for each item. It ensures a safe flight and saves fuel.

A mistake can be disastrous. A 2013 crash of a Boeing 747-400 cargo aircraft carrying a load of improperly secured Mine-Resistant Ambush Protected Vehicles killed all seven crew members at Bagram Air Base in Afghanistan.

They blamed it on a load shift, said Maj. Jeremy Hooper, a veteran pilot with the wing who began flying in the ninth grade and took the next load of MRAPs out of Bagram following the incident. After seeing that, I wanted to hold Loadmaster Appreciation Week because if they dont do their job correctly, were all dead.

C-5 history in San Antonio

Motorists on Texas 151 or fans at a San Antonio Missions home game who see a lumbering C-5 taking off or landing at Lackland might know its one of eight M model planes assigned to the 433rd. More powerful and fuel efficient versions of the old C-5A, they arrived last June.

The wing came to the now-closed Brooks AFB in 1955, moved to Kelly AFB five years later and became part of Lackland after Kellys closure.

A lot of people in San Antonio think we do touch-and-goes, and nothing else, said one loadmaster, Tech. Sgt. Bryan Stone, referring to takeoff and landing runs done by the wings 733rd Training Squadron. Stone, 34, is a firefighter and paramedic in civilian life.

The 356th Airlift Squadron logged 220 sorties last year, while the 68th Airlift Squadron flew nearly twice as many, flying anywhere American troops may be posted.

Hooper, 37, flies Boeing 767 jets for Delta Air Lines and has 5,500 hours in civilian and military aircraft. He can tell you how long the C-5 has been flying in San Antonio because his dad, then-Maj. Victor Hooper, flew one of the first A models into Kelly in 1984.

Raggio, a Dallas native who flew in Afghanistan and Iraq, now flies for American Airlines in civilian life, manages every facet of the C-5 mission, from mapping out each legs flight plan and fuel requirements to contingency planning and caring for the crew.

Mungia takes pride in helping carry out national policy, and not just here in Latvia. He is due to fly to Kuwait later in the month, and after that to Afghanistan.

We have some pilots and some loadmasters who say, I remember when I used to fly with your dad, and now some fly with their own kids, who are loadmasters, engineers or pilots, Mungia said. So its a family affair.

sigc@express-news.net

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EU’s Alternative to NATO – WhoWhatWhy / RealNewsProject (blog)

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EU's Alternative to NATO - WhoWhatWhy / RealNewsProject (blog)

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Judge Nap: Obama Wiretap Order Would Be ‘Profoundly Unconstitutional But Legal’ – Fox News Insider

Posted: at 2:53 pm

Judge Andrew Napolitano broke down the legal issues at play following the explosive allegation by President Donald Trumpthat President Barack Obama ordered a wiretap of Trump Tower during the presidential campaign.

Napolitano said much of the analysis in the last few days is "mixing apples and oranges," emphasizing that the FBI can obtain search warrants to look for evidence of crimes, while the NSA can obtain a warrant to investigate national security matters.

The Fox News senior judicial analyst said the NSA is allowed by law to capture "all digital information" within the United States and the president can obtain transcribed copies of those intercepted communications.

He added that the FISA statute states "the President of the United States can order surveillance on any person in the United States in conjunction with a certification filed by the attorney general."

"It's profoundly unconstitutional but it is legal because the statute says it," said Napolitano. "Think about this: if you're Barack Obama and you have the ability by making a phone call to hear what Donald Trump is saying, would you bother getting a warrant? Why would you get a warrant?"

Obama's spokesman said Saturday that no such order was ever given.

"A cardinal rule of the Obama Administration was that no White House official ever interfered with any independent investigation led by the Department of Justice. As part of that practice, neither President Obama nor any White House official ever ordered surveillance on any U.S. citizen. Any suggestion otherwise is simply false," the statement read.

Shannon Bream asked whether Trump could access a surveillance order from the previous administration if it exists.

"I don't know that FISA would give him the orders, but he could get them from NSA," the judge explained.

Watch the judge's full analysis on "America's Newsroom."

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Judge Nap: Obama Wiretap Order Would Be 'Profoundly Unconstitutional But Legal' - Fox News Insider

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Trump Administration Wants A Clean Reauthorization For NSA Surveillance – Techdirt

Posted: at 2:53 pm

Considering the new administration has stepped up its ousting of immigrants, expressed its disinterest in pursuing civil rights investigations of the nation's law enforcement agencies, applauded asset forfeiture, and declared war on leakers, it comes as no surprise the White House supports a clean reauthorization of Section 702 surveillance.

The Trump administration does not want to reform an internet surveillance law to address privacy concerns, a White House official told Reuters on Wednesday, saying it is needed to protect national security.

The announcement could put President Donald Trump on a collision course with Congress, where some Republicans and Democrats have advocated curtailing the Foreign Intelligence Surveillance Act, or FISA, parts of which are due to expire at the end of the year.

Section 702 has dodged reform efforts, thanks in part to the intelligence community's unwillingness to discuss anything about it. Repeated requests by representatives for the NSA to come up with an estimate of how many US persons' communications are swept up "inadvertently" have been met with shrugs and stalling. Five years after he was first asked, James Clapper promised to have something put together "soon." We're still waiting.

Not helping the matter is the Privacy and Civil Liberties Oversight Board's evaluation of the program. After finding the Section 215 phone metadata program both useless and illegal, it had very little to say about the NSA's internet backbone dragnet. The best it could offer was that it was likely legal and any collection of US persons' communications was probably "inadvertent." It agreed the massive collection program ran right up against the edges of the Fourth Amendment, but didn't cross it -- at least as far as it was willing to examine.

Unfortunately, there will be no follow-up arriving before the reauthorization period closes. The PCLOB is mostly dead and unlikely to be revived by an administration looking for a no-questions-asked rubber stamping of Section 702's five-year renewal. Given that the unanswered questions about domestic surveillance weren't answered in time for the 2012 renewal debate, it's highly probable the Director of National Intelligence's office won't be providing these numbers to Congressional representatives ahead of the December deadline.

Hopefully, there will be a more organized push back against a clean reauthorization. Thanks to multiple leaks, Congressional representatives should actually have some idea how much domestic surveillance occurs under this statute. It's more critical than ever that the program receive a detailed examination before the vote, considering the outgoing president gave more than a dozen federal agencies access to unminimized data/communications collected by the NSA.

And Trump himself has seen no reason to roll that sharing back, despite his antipathy towards much of Obama's orders and legislation. Ironically, his Saturday morning tweetstorm griping about the Trump Tower being "wire tapped" by Obama ahead of the November election. Once again, Trump has offered no proof of this claim, but even if taken at face value, it would be the byproduct of the Section 702 program he has stated he wants renewed with no changes. Communications with foreign persons is fair game under Section 702, even if the communications originate in the US. The FBI's acquisition of these communications (if that's what has happened) is specifically approved by the recent data-sharing program. Perhaps Trump might want to take a closer look at the program before attempting to shove it past inquistive legislators.

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NSA whistleblower shows how candidate Trump could have been wiretapped – American Thinker (blog)

Posted: at 2:53 pm

A former top intelligence official-turned-whistleblowerat the National Security Agency says surveillance programs by the NSA could have been keeping tabs on the Trump campaign and that their intelligence could have been shared with other agencies.

William Binney, a legend at the NSA, laid out the case for warrantless wiretapping of Trump Tower and how other intel agencies like the CIA could have had access to the wiretaps.

Fox News national security correspondent James Rosen himself bugged by the Obama administration says Trump may be right:

ZeroHedge Blog:

Washington's Blog asked the highest-level NSA whistleblower in history - Bill Binney - whether he thought Trump had been bugged.

Binney is the NSA executive whocreatedthe agencys mass surveillance program for digital information, who served as theseniortechnical director within the agency, who managedsix thousandNSA employees.

He was a 36-year NSA veteran widely regarded as a legend within the agency and the NSAsbest-everanalyst and code-breaker.

Binney also mapped out the Soviet command-and-control structure before anyone else knew how, and so predicted Soviet invasions before they happened (in the 1970s, he decrypted the Soviet Unions command system, which provided the US and its allies with real-time surveillance of all Soviet troop movements and Russian atomic weapons).

Binney told Washington's Blog:

NSA has all the data through the Upstream programs (Fairview/Stormbrew/Blarney) [background] and backed up by second and some third party country collection.

Plus the FBI and CIA plus others, as of the last month of the Obama administration, have direct access to all the NSA collection (metadata and content on phones,email and banking/credit cards etc.) with no attempt at oversight by anybody [background]. This is all done under Executive Order 12333 [the order whichallows unlimited spyingno matter what intelligence officials claim] ....

FBI would only ask for a warrant if they wanted to be able to take it into court at some point given they have something meaningful as evidence. This is clearly true given the fact the President Trump's phone conversations with other country leaders were leaked to the mainstream media.

In other words, Binney is saying that Trumps phoneswerebugged by the NSA without a warrant - remember, top NSA whistleblowers have previously explained that the NSA is spying onvirtuallyallof the digital communications of Americans. - and the NSA shared the raw data with the CIA, FBI and other agencies.

If the FBI obtained a warrant to tap Trump's phone, it was a "parallel construction" to "launder" improperly-gained evidence through acceptable channels.

As we've previouslyexplained:

The government islaundering information gained through mass surveillancethrough other agencies, with an agreement that the agencies willrecreate the evidence in a parallel construction so they dont have to admit that the evidence came from unconstitutional spying. This data laundering is gettingworseandworse.

So does it mean that the NSA spying on Trump Tower actually turned up some dirt?

Maybe ...

Binney has no direct knowledge of any surveillance of Trump Tower. What he has is a roadmap for how it could have been done. He also shows the likelihood that agencies could have used whatever information was captured by the NSA's information dragnet.

A couple of caveats. First, Obama's executive order allowing other intel agencies access to the NSA's raw data was signed after the campaign was over. That doesn't mean that any wiretapped information from the Trump campaign wasn't gathered or even shared by NSA. It means that it is less likely thatintelligence agencies hadaccess to Trump campaign phone and email records before the election.

Secondly, from what we know so far, the FBI was not operating under any warrants, nor were there any FISA warrants issued to spy on the Trump campaign. Again, this doesn't mean that it didn't happen. In fact, Binney's roadmap shows it's more likely that if surveillance occurred, it was done without a warrant. But if we're looking for hard evidence or a paper trail proving Trump's charge, we may never find it.

Astronomer Carl Sagan popularized the adage, "Extraordinary claims require extraordinary evidence." Sagan was talking about alien visitation of Earth and the fact that to date, solid "evidence" has been lacking. The same should hold true in politics. Accusing the former president of the United States of conducting a secret wiretapping program against an oppositionpresidential candidateis just about as extraordinary as it gets. So far, those who claim that the charges are true including the president are lacking solid evidence that the bugging occurred. What is offered as "proof" is more opinion and supposition than substantiation of facts.

But Binney's roadmap, along with what we know of surveillance during the Obama years, points to extremely troubling questions that Democrats cannot dismiss as "conspiracy-mongering." In this case, there were a will and a way. For the sake of the country, Congress needs to get to the bottom of the matter.

A former top intelligence official-turned-whistleblowerat the National Security Agency says surveillance programs by the NSA could have been keeping tabs on the Trump campaign and that their intelligence could have been shared with other agencies.

William Binney, a legend at the NSA, laid out the case for warrantless wiretapping of Trump Tower and how other intel agencies like the CIA could have had access to the wiretaps.

Fox News national security correspondent James Rosen himself bugged by the Obama administration says Trump may be right:

ZeroHedge Blog:

Washington's Blog asked the highest-level NSA whistleblower in history - Bill Binney - whether he thought Trump had been bugged.

Binney is the NSA executive whocreatedthe agencys mass surveillance program for digital information, who served as theseniortechnical director within the agency, who managedsix thousandNSA employees.

He was a 36-year NSA veteran widely regarded as a legend within the agency and the NSAsbest-everanalyst and code-breaker.

Binney also mapped out the Soviet command-and-control structure before anyone else knew how, and so predicted Soviet invasions before they happened (in the 1970s, he decrypted the Soviet Unions command system, which provided the US and its allies with real-time surveillance of all Soviet troop movements and Russian atomic weapons).

Binney told Washington's Blog:

NSA has all the data through the Upstream programs (Fairview/Stormbrew/Blarney) [background] and backed up by second and some third party country collection.

Plus the FBI and CIA plus others, as of the last month of the Obama administration, have direct access to all the NSA collection (metadata and content on phones,email and banking/credit cards etc.) with no attempt at oversight by anybody [background]. This is all done under Executive Order 12333 [the order whichallows unlimited spyingno matter what intelligence officials claim] ....

FBI would only ask for a warrant if they wanted to be able to take it into court at some point given they have something meaningful as evidence. This is clearly true given the fact the President Trump's phone conversations with other country leaders were leaked to the mainstream media.

In other words, Binney is saying that Trumps phoneswerebugged by the NSA without a warrant - remember, top NSA whistleblowers have previously explained that the NSA is spying onvirtuallyallof the digital communications of Americans. - and the NSA shared the raw data with the CIA, FBI and other agencies.

If the FBI obtained a warrant to tap Trump's phone, it was a "parallel construction" to "launder" improperly-gained evidence through acceptable channels.

As we've previouslyexplained:

The government islaundering information gained through mass surveillancethrough other agencies, with an agreement that the agencies willrecreate the evidence in a parallel construction so they dont have to admit that the evidence came from unconstitutional spying. This data laundering is gettingworseandworse.

So does it mean that the NSA spying on Trump Tower actually turned up some dirt?

Maybe ...

Binney has no direct knowledge of any surveillance of Trump Tower. What he has is a roadmap for how it could have been done. He also shows the likelihood that agencies could have used whatever information was captured by the NSA's information dragnet.

A couple of caveats. First, Obama's executive order allowing other intel agencies access to the NSA's raw data was signed after the campaign was over. That doesn't mean that any wiretapped information from the Trump campaign wasn't gathered or even shared by NSA. It means that it is less likely thatintelligence agencies hadaccess to Trump campaign phone and email records before the election.

Secondly, from what we know so far, the FBI was not operating under any warrants, nor were there any FISA warrants issued to spy on the Trump campaign. Again, this doesn't mean that it didn't happen. In fact, Binney's roadmap shows it's more likely that if surveillance occurred, it was done without a warrant. But if we're looking for hard evidence or a paper trail proving Trump's charge, we may never find it.

Astronomer Carl Sagan popularized the adage, "Extraordinary claims require extraordinary evidence." Sagan was talking about alien visitation of Earth and the fact that to date, solid "evidence" has been lacking. The same should hold true in politics. Accusing the former president of the United States of conducting a secret wiretapping program against an oppositionpresidential candidateis just about as extraordinary as it gets. So far, those who claim that the charges are true including the president are lacking solid evidence that the bugging occurred. What is offered as "proof" is more opinion and supposition than substantiation of facts.

But Binney's roadmap, along with what we know of surveillance during the Obama years, points to extremely troubling questions that Democrats cannot dismiss as "conspiracy-mongering." In this case, there were a will and a way. For the sake of the country, Congress needs to get to the bottom of the matter.

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CIA, DOJ sued over leaks of classified info about former NSA Flynn – Fox News

Posted: at 2:53 pm

The CIA and Departments of Justice and Treasury are being sued by a prominent legal organization for their role in leaking highly classified material as part of an effort to undermine the credibility of former Trump administration National Security Adviser Michael Flynn, according to an announcement.

Judicial Watch, known for its role in exposing former Secretary of State Hillary Clinton's use of a private email server, announced on Monday that it has sued several federal agencies for information related to Flynn's discussions with Russian officials before he officially entered the White House.

Flynn was forced to resign from the White House for apparently misleading President Donald Trump and Vice President Mike Pence about the substance of these conversations.

However, theWashington Free Beaconand multiple other news outlets havereportedon a campaign by former Obama administration officials and loyalists to spread highly classified information in a bid to handicap the Trump administration.

In addition to Flynn, Attorney General Jeff Sessions and White House adviser SebastianGorkahave been the subject of multiple leaks aimed at jeopardizing their positions in the administration.

Click for more from The Washington Free Beacon.

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26/11 attacks carried out by Pak-based terror group, says its former NSA Durrani – Hindustan Times

Posted: at 2:53 pm

Pakistans former national security adviser Mahmud Ali Durrani said on Monday the 26/11 Mumbai attacks was carried out by a terror-group based in Pakistan and called it a classic example of cross-border terrorism.

He, however, said the Pakistani government had no role in the attack. Durrani was speaking at a conference on combating terrorism at the Institute of Defence Studies and Analysis.

Durrani was sacked from the post of national security adviser for confirming Mumbai attacker Ajmal Kasabs Pakistani nationality to the media.

More than 160 people, including many foreigners, were killed in the 2008 Mumbai attacks India says was carried out by 10 Lashkar-e-Taiba militants. Nine of the attackers were killed and lone survivor Ajmal Kasab was captured and later hanged in 2012.

Prime suspect LeT operations commander Zakiur Rehman Lakhvi, believed to be the mastermind of the Mumbai attacks, is in hiding after getting bail over a year ago.

American citizen David Headley, who admitted scouting targets for the 2008 assault on Mumbai by Pakistani militants, has testified that the plot was hatched with at least one Pakistani intelligence official and a navy frogman.

The attacks trials sluggish pace and lack of convictions has been a thorn in bilateral relations and India has maintained that crucial evidence was to be found in Pakistan, the site of training and plotting of the 26/11 strikes that killed 166 people.

Durrani also said Lashkar-e-Taiba Hafiz Saeed has no utility and Pakistan should act against him.

India has asked Pakistan to re-investigate the 2008 Mumbai attacks case and put on trial Saeed, who is currently under house arrest in Lahore under the anti-terrorism law.

India made the fresh demand in response to Pakistans request to send 24 Indian witnesses for recording their statements in the case.

With inputs from PTI

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EFF to Court: Forcing Someone to Unlock and Decrypt Their Phone Violates the Constitution – EFF

Posted: at 2:53 pm

The police cannot force you to tell them the passcode for your phone. Forcing you to turn over or type in your passcode violates the Fifth Amendment privilege against self-incriminationthe privilege that allows people to plead the Fifth to avoid handing the government evidence it could use against them. And if you have a phone thats encrypted by default (which we hope you do), forcing you to type in your passcode to unlock the device means forcing you to decrypt your phone, too. That forced translationof unintelligible information to intelligiblealso violates the Fifth Amendment.

But theres a problem: not all law enforcement officers have received the memo. In one particularly egregious case, military investigators forced the defendant, Sergeant Edward J. Mitchell, to unlock and decrypt his iPhone 6 after he asked for a lawyer. Not only was the investigators continued interrogation of Sgt. Mitchell without a lawyer a clear violation of U.S. Supreme Court precedent, but compelling him to unlock and decrypt his phone also violated the Fifth Amendment. The case is currently on appeal to a federal military appeals court, and we filed an amicus brief with the court explaining why.

The Fifth Amendment privilege against compelled self-incrimination protects testimonial communications. Testimonial communications are those that require a person to use the contents of his own mind to communicate some fact. Testimonial communications dont have to be verbal; the key is that the information conveyed must come from the suspects own mind. As we explain in our brief, compelled passcode-based decryption is inherently testimonialand thus always prohibited by the Fifth Amendmentfor two reasons.

First, the compelled entry of a memorized passcode forces a person to reveal the contents of their mind to investigatorscontents that are absolutely privileged by the Fifth Amendment. As far as the Fifth Amendment is concerned, theres no difference between forcing a person to type their passcode directly into their phone and forcing them to say it out loud to an investigator. The trial judge in this case understood that and found that typing in a passcode was a testimonial act. So just by forcing the defendant to unlock his phone, the investigators violated his Fifth Amendment right.

Second, the process of decryption itself is testimonial because it involves translating unintelligible, encrypted evidence into a form that can be used and understood by investigatorsagain relying on the contents of the suspects mind.

Encryption transforms plain, understandable information into unreadable letters, numbers, or symbols using a fixed formula or process. When information is encrypted on a phone, computer, or other electronic device, it exists only in its scrambled format. If Sgt. Mitchells phone had merely been locked but not also encrypted, had the officers broken into the phone, they would have been able to access and understand the information stored on the phone. But since the phone was encrypted, if they had tried to break into the phone, they would have found only scrambled, encrypted data; they wouldnt have been able to understand it. The officers needed Sgt. Mitchell, and his unique knowledge, to translate the information on the phone into its unscrambled, intelligible state for them to be able to use it against him. In other words, they were seeking transformation and explanation of data by an accused of the very data they sought to incriminate him with. This thus violated the Fifth Amendment for a second and independent reasonbecause of the nature of compelled decryption.

Oral argument in this case is scheduled for 12:30 p.m. on April 4, 2017 at the University of Notre Dame Law School in Indiana, as part of the Court of Appeals for the Armed Forces student outreach program. We hope the court holds that, because of the very nature of decryption, compelled passcode-based decryption hits at the heart of the Fifth Amendments privilege against self-incrimination.

Thanks to the American Civil Liberties Union and ACLU of the District of Columbia for joining our brief.

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ONLINE-ONLY OPINION: Tester’s assault on corporate rights is an assault on people’s rights – The Missoulian

Posted: at 2:53 pm

The year is 2019. The government sends in a SWAT team to seize any corporate property it wants without the due process or just compensation required by the Fifth Amendment to the Constitution. The government also has the power to swipe bank assets, raid newspaper offices without warrants or just cause, and even censor any news published by a media corporation. No, its not the plot of a newly unearthed Orwell novel. These tactics, and more, would be legal under an amendment to the U.S. Constitution just introduced by Montana Sen. Jon Tester.

Testers amendment aims to strip rights from corporate entities. His amendment would provide that (1) The rights enumerated in this Constitution and other rights retained by the people shall be the rights of natural persons; (2) As used in this Constitution, the terms people, person, and citizen shall not include a corporation, a limited liability company, or any other corporate entity established by the laws of any state, the United States, or any foreign state.

Senator Tester justifies his proposal by arguing that a corporation doesnt hop on the combine to try and get harvest done. Well.

Seven years after Citizens United, the whole corporations arent people and therefore shouldnt have rights bit is getting pretty tiresome. Certainly, our elected officials should be held to a higher standard of debate.

Yes, its true that if youve never thought about it, the idea that corporations are people seems absurd on its face. Corporations are not people, of course. But, for many purposes, it makes perfect sense that the law treats them as such. For example, if the law did not treat corporations as people, they couldnt be sued.

The bigger point, though, is that corporations have rights because people have rights, and people form and own corporations. This is a principle as old as the American Republic, re-emphasized by the Supreme Court as early as 1819 in Trustees of Dartmouth College v. Woodward. A corporation, the Court noted, is an artificial being, invisible, intangible, and existing only in contemplation of law. But that didnt mean that people gave up their rights when they formed a corporation. Rather, the decision emphasized that when people join together to accomplish things, they usually need some form of organization, and shouldnt have to sacrifice their rights just because they organize. Individuals, wrote the Court, find it impossible to effect their design securely and certainly without an incorporating act. Corporate rights are the rights people have when they act together.

Oddly enough, in the momentous Citizens United decision that prompts Testers proposal, not even the Courts dissenters ever mentioned the issue of corporate personhood. Why? Because they all understood that corporate personhood is a longstanding doctrine that is not controversial in law, and was not what the case was about.

So lets think about Testers reasoning. There are over 29,000 farms and ranches in Montana. Many of these are incorporated. And indeed, around the country a great many, perhaps most, family farms are incorporated. So in a sense, when your local family farmer gets to work, it is indeed a corporation who hops on that combine. In fact, Testers family farm is incorporated it is T-Bone Farms, Inc. Does Tester think it should be illegal for him to post a political sign on his farms property?

Under Testers proposed constitutional amendment, the government could deprive him of a right to a jury trial any time a lawsuit involved his farm. The government could simply take his land, without due process, for any reason, and without compensation, all in violation of the takings clause. All this because, by incorporating his farm, he would give up his constitutional rights.

Constitutional amendments, such as that offered by Tester, will not pass in the next few years but they indicate the general hostility to free speech that many senators have, and their willingness to silence speakers they dont like. They also show the willingness to advocate rash and dangerous proposals to accomplish that end. In the long term, that should concern us all.

Brad Smith is the chairman of the Center for Competitive Politics and the former chairman of the Federal Election Commission.

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