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Qwest CEO imprisoned in retaliation for failure to cut surveillance deal with NSA
Posted on March 3rd, 2010 No commentsWayne Madsen
Online JournalMar 2, 2010, 00:22
(WMR) — WMR has learned from sources who worked in senior positions for the telecommunications company Qwest that its former chairman and CEO, Joseph Nacchio, was threatened with retaliation after he refused to participate in an unconstitutional and illegal National Security Agency (NSA) wiretapping program after he met with NSA officials on February 27, 2001, some six months before the 9/11 attacks. Nacchio refused to turn over customer records without a court order — something NSA did not possess at the time it made its request.
After Nacchio refused NSA’s request on the grounds that it was illegal, sources close to Nacchio reported his legal problems with the Department of Justice and the Securities and Exchange Commission began in earnest. First, Qwest lost out on several lucrative federal government contracts and second, Nacchio was indicted and convicted in 2007 of 19 counts of insider stock trading. Nacchio was sentenced to six years in the Schuykill federal prison camp in Minersville, Pennsylvania, where he is now assigned prisoner number 33973-013.
In January, US District Judge Marcia Krieger of the 10th Circuit Court in Denver denied Nacchio’s motion for a new trial. Krieger was nominated for the federal bench by President George W. Bush on September 10, 2001. The September 10 date is significant – it was then clear that Nacchio was not going to be a player in the NSA and FBI illegal surveillance programs and it was the day before the Bush administration would sweep aside the First and Fourth Amendments to the Constitution in the wake of the 9/11 attacks. Qwest is headquartered in Denver.
The illegal NSA surveillance program, once known by its highly-classified code-name STELLAR WIND, was revealed by AT&T employee Mark Klein, who divulged NSA’s “secret room” on the 6th floor at AT&T’s central office on Folsom Street in San Francisco. The “secret room” was next door to the 4ESS phone switch. According to AT&T documents, NSA had direct wiretaps on key Internet circuits on the floor above. NSA’s operation conducted vacuum-cleaner copying of the data stream of the Internet, which included e-mail, web browsing, VOIP phone calls (e.g., Skype) and all the other common Internet services. There is informed speculation that because of an aggressive AT&T internal campaign to transfer all its old long-distance traffic to fiber lines, traditional phone calls that passed through the 4ESS switch were likely transferred to the Internet circuits, making phone calls also very likely subject to NSA eavesdropping.
AT&T and Verizon agreed to participate in the STELLAR WIND program.
Even though there is ample evidence that the federal government engaged in massive prosecutorial misconduct in retaliation for Nacchio’s refusal to participate in STELLAR WIND and associated FBI surveillance programs, the Supreme Court refused to review the case against the former Qwest chief. The Supreme Court also denied Nacchio bail pending his appeal, a clear attempt by the most corrupt Supreme Court in American history to prevent Nacchio from airing the NSA’s dirty laundry about domestic wiretapping and pressure on telecommunication firms’ senior corporate officials.
Qwest shareholders and retirees blamed Nacchio for their financial losses, however, it is now clear that the NSA and the Bush administration targeted Qwest for retribution after its top boss refused to cooperate in the illegal domestic wiretap programs of the NSA and FBI.
Qwest founder, railroad and oil magnate Philip Anschutz, a conservative Christian who owns The Examiner chain of metro region newspapers and several entertainment firms and professional sports teams, testified on Nacchio’s behalf.
The news of NSA’s threats of retaliation against Nacchio will come as little comfort to those NSA employees, including the jailed ex-NSA analyst Ken Ford, Jr., on similar trumped up charges. If someone as wealthy and powerful as Nacchio could be brought down by the illegal domestic joint targeting operations carried out by the NSA, FBI, and corrupt Justice Department prosecutors, those rank-and-file NSA employees who have blown the whistle on NSA’s illegal operations stand little chance of having their “day in court.”
WMR has been told by NSA insiders that if the full extent of NSA’s illegal operations became public, the American people would go into a “state of shock.”
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Whistleblower site Cryptome.org shut down by Microsoft over leaked surveillance doc
Posted on February 25th, 2010 No commentsBy Xeni Jardin at 5:15 PM February 24, 2010
John Young and Deborah Natsios’ whistleblower archive Cryptome has long been a thorn in the flesh of US government agencies. But if my memory serves correctly, none of them ever managed to do what Microsoft did today: shut the site down.Network Solutions shut off the lights in response to a DMCA notice, after Cryptome published a 22-page Microsoft document outlining how the company stores private user data in its web-connected servers. The document also explains how government agencies can access that personal data.
More at Wired News, and you can download the disputed PDF here. More at ReadWriteWeb, with comments from the EFF.
[ Photo: John Young of Cryptome, shot by Declan McCullagh, NYC, 2001.]
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Jury nullification sets Vietnam vet free after marijuana charge
Posted on February 24th, 2010 No comments“Jurors should acquit, even against the judge’s instruction… if exercising their judgement with discretion and honesty they have a clear conviction the charge of the court is wrong.” ~ Alexander Hamilton, 1804.
‘The Vietnam veteran walks with a cane, has bad knees and feet and says he uses marijuana to relieve body pain, as well as to help cope with post traumatic stress.’
Maybe this is how the war on marijuana ends.
A rural Illinois jury has found one of their peers innocent in a marijuana case that would have sent him to prison. Loren Swift (pictured below) was charged with possession of marijuana with intent to deliver, and he faced a mandatory minimum of six years behind bars.
According to Dan Churney at MyWebTimes , several jurors were seen shaking Swift’s hand after the verdict, a couple of them were talking and laughing with Swift and his lawyer, and one juror slapped Swift on the back.
The 59-year-old was arrested after officers from a state “drug task force” found 25 pounds of pot and 50 pounds of growing plants in his home in 2007. The Vietnam veteran walks with a cane, has bad knees and feet and says he uses marijuana to relieve body pain, as well as to help cope with post traumatic stress.
This jury exercised their right of jury nullification. Judges and prosecutors never tell you this, but when you serve on a jury, it’s not just the defendant on trial. It’s the law as well. If you don’t like the law and think applying it in this particular case would be unjust, then you don’t have to find the defendant guilty, even if the evidence clearly indicates guilt.
In jury nullification, a jury in a criminal case effectively nullifies a law by acquitting a defendant regardless of the weight of evidence against him or her. There is intense pressure within the legal system to keep this power under wraps. But the fact of the matter is that when laws are deemed unjust, there is the right of the jury not to convict.
Jury nullification is crucially important because until our national politicians show some backbone on the issue of marijuana law reform, it’s one of the only ways to avoid imposing hideously cruel “mandatory minimum” penalties on marijuana users who don’t deserve to go to prison.
Prosecuting and jailing people for marijuana wastes valuable resources, including court and police time and tax dollars. Hundreds of thousands of otherwise productive, law-abiding people have been deprived of their freedom, their families, their homes and their jobs. Let’s save the jails for real criminals, not pot smokers.
The American public is very near the tipping point where a majority no longer believes the official line coming from Drug Warrior politicians and their friends at the ONDCP, gung-ho narcotics officers protecting their profitable turf, and sensationalistic, scare-mongering news stories used to boost ratings. They are starting to see through the widening cracks in the wall of denial when it comes to marijuana’s salutary medical effects on a host of illnesses and its palliative effects for the terminally ill and permanently disabled.
People are coming to realize that not only have they been sold a lie when it comes to marijuana — they’ve been sold a particularly cruel lie, a self-perpetuating falsehood of epic proportions that has controlled U.S. public policy towards the weed for 70 years now. The extreme cruelty of the lies told about marijuana by drug warriors is in the effects this culture of fear and intolerance has in the real world — effects like long prison sentences for gentle people who are productive and caring members of society.
Because citizens are coming to this long-delayed realization, we are going to be seeing more and more cases like this where juries have chosen not to punish people for pot. As this consciousness permeates all levels of society, it is going to get harder and harder for prosecutors to get guilty verdicts in marijuana cases — and that’s a good thing.
Maybe this is how the war on marijuana ends… Not with a bang, but a whimper, as cousin T.S. would say.
What You Can Do
* If you ever serve on a jury where the defendant is accused of a marijuana crime, don’t forget about jury nullification. Tell the other jurors you don’t have to convict, even if all the evidence points to guilt, if you don’t agree with the application of the law in this instance. And if you can’t swing your peers to your way of thinking, at least you can cause the jury to return a hung verdict.
* American Civil Liberties Union (ACLU): Drug Policy
* Change The Climate: Time to Tell the Truth About Marijuana
* Drug Policy Alliance: Alternatives to Prohibition and the Drug War
* National Organization for the Reform of Marijuana Laws (NORML)
“It is not only the juror’s right, but his duty to find the verdict according to his own best understanding, judgement and conscience, though in direct opposition to the instruction of the court.” ~ John Adams, 1771.
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Three Google employees convicted in Italian court for user-uploaded content
Posted on February 24th, 2010 No commentsGoogle Blog
2/24/2010 01:57:00 AMIn late 2006, students at a school in Turin, Italy filmed and then uploaded a video to Google Video that showed them bullying an autistic schoolmate. The video was totally reprehensible and we took it down within hours of being notified by the Italian police. We also worked with the local police to help identify the person responsible for uploading it and she was subsequently sentenced to 10 months community service by a court in Turin, as were several other classmates who were also involved. In these rare but unpleasant cases, that’s where our involvement would normally end.
But in this instance, a public prosecutor in Milan decided to indict four Google employees —David Drummond, Arvind Desikan, Peter Fleischer and George Reyes (who left the company in 2008). The charges brought against them were criminal defamation and a failure to comply with the Italian privacy code. To be clear, none of the four Googlers charged had anything to do with this video. They did not appear in it, film it, upload it or review it. None of them know the people involved or were even aware of the video’s existence until after it was removed.
Nevertheless, a judge in Milan today convicted 3 of the 4 defendants — David Drummond, Peter Fleischer and George Reyes — for failure to comply with the Italian privacy code. All 4 were found not guilty of criminal defamation. In essence this ruling means that employees of hosting platforms like Google Video are criminally responsible for content that users upload. We will appeal this astonishing decision because the Google employees on trial had nothing to do with the video in question. Throughout this long process, they have displayed admirable grace and fortitude. It is outrageous that they have been subjected to a trial at all.
But we are deeply troubled by this conviction for another equally important reason. It attacks the very principles of freedom on which the Internet is built. Common sense dictates that only the person who films and uploads a video to a hosting platform could take the steps necessary to protect the privacy and obtain the consent of the people they are filming. European Union law was drafted specifically to give hosting providers a safe harbor from liability so long as they remove illegal content once they are notified of its existence. The belief, rightly in our opinion, was that a notice and take down regime of this kind would help creativity flourish and support free speech while protecting personal privacy. If that principle is swept aside and sites like Blogger, YouTube and indeed every social network and any community bulletin board, are held responsible for vetting every single piece of content that is uploaded to them — every piece of text, every photo, every file, every video — then the Web as we know it will cease to exist, and many of the economic, social, political and technological benefits it brings could disappear.
These are important points of principle, which is why we and our employees will vigorously appeal this decision.
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Military uses neonatal blood samples to “help find missing persons” LMAO
Posted on February 23rd, 2010 No commentsSuit possible over baby DNA sent to military lab for national database. State says blood specimens were sent for research that will help identify missing persons.
By Mary Ann Roser
American StatesmanPublished: 8:55 p.m. Monday, Feb. 22, 2010
An Austin lawyer threatened to pursue a new federal lawsuit Monday after learning that some newborn blood samples in Texas went to the U.S. military for potential use in a database for law enforcement purposes.
The Department of State Health Services never mentioned the database to Jim Harrington, director of the Texas Civil Rights Project, who settled a lawsuit in December with the state over the indefinite storage of newborn blood without parental consent, or to the American-Statesman, which first reported on the little-known blood storage practice last spring. Harrington said he thought another suit was likely unless the health department destroys the information obtained from the blood samples or obtains consent.
“This is the worst case of bad faith I have dealt with as a lawyer,” he said Monday.
Jerry Strickland, a spokesman for the Texas attorney general’s office, which represented the health department, fired back. “During this litigation, Harrington was provided accurate answers to the questions he asked,” he said.
“Once Harrington negotiated $26,000 in attorneys’ fees and costs for himself, accepted a settlement agreement and got his desired headlines, he was satisfied and dropped his
lawsuit against DSHS. It appears recent media reports caused Harrington to backtrack in an effort to obscure how he chose to handle this case,” he said
An article Monday by the Texas Tribune, a news Web site, said the state health department sent 800 anonymous samples to the military to help create a national mitochondrial DNA database. The samples were sent in 2003 and 2007, according to the department’s Web site.
Carrie Williams, a health department spokeswoman, said the program wasn’t mentioned because, “We don’t publicize every agency initiative or contract, and obviously this is a sensitive topic.”
Texas agreed to take part in the Armed Forces DNA Identification Laboratory database project because blood spots might help identify “ethnic or ancestral origins of unidentified corpses using mitochondrial DNA,” Williams said. “We believed it was an important research project that could potentially help in missing persons cases.”
The blood samples are taken from the heel during newborn screening tests for genetic disorders.
The blood spots are collected on coded cards, with the names matching those codes kept on file at the health department. Names are not disclosed without parental consent, the department says.
In March, Harrington sued in federal court on behalf of four parents and a pregnant woman who later dropped out, claiming that the state’s collection and indefinite storage of the samples since 2002 amounted to “an unlawful search and seizure.”
The Legislature approved a law in May that requires medical professionals to inform parents or guardians that the blood spots are being collected, stored and could be used for research. Parents who object could opt out.
In December, Harrington settled his suit when the health department agreed to destroy 5.3 million samples.
“I can’t tell you how many times we sat there, and they said no law enforcement,” Harrington said of the lawsuit discussions. “They said, ‘It’s only about medical research, it’s only about medical research.’\u2009″
Williams said the project has been listed on the Web site for weeks and “falls under the broader category of public health research.”
“Our intentions over the years have been good,” she added, “and we are moving forward with the positive changes to the program.”
maroser@statesman.com; 445-3619
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Texas Supplied Newborn Blood Samples to Forensic Database
Posted on February 23rd, 2010 No commentsDogged investigation by a non-profit online media organization in Texas has revealed that between 2003 and 2007, the state quietly gave hundreds of newborn blood samples to a U.S. Armed Forces laboratory for use in a forensics database. The revelation will likely raise questions about how newborn screening programs are run and how the samples are disseminated, almost always without families knowing where they go.
In this case, 800 blood samples were to be part of a new, national mitochondrial DNA database intended as a reference databank for the forensic community and for research into mitochondrial DNA variation—DNA we inherit from our mother. California, Minnesota, and Florida have also reportedly supplied infant blood samples to the effort, according to The Texas Tribune investigation.
Like virtually every state, Texas routinely screens almost all newborns for rare diseases, collecting a few drops of blood at birth. In recent years many states, Texas included, have stored the samples and offered them up for research, mainly in pediatrics. Because the samples are anonymous (though they may come with some demographic information, depending on the study), researchers have argued that they don’t need to seek informed consent to use them.
That hasn’t gone over well recently; in March of last year, a civil rights group sued the Texas screening program. In December, the state settled the case and agreed to destroy all newborn blood spots collected before May 2009, when legislation passed allowing for sample storage.
That’s where the story gets interesting. The Texas Tribune describes a drawn-out effort to review records of the newborn blood spots. After a couple requests, the Texas Department of State Health Services released a batch of documents, which included a single e-mail mentioning the mtDNA project at the Armed Forces Institute of Pathology in Washington, D.C. “When the Tribune pressed health officials about the missing research files, they produced them, saying it was an oversight, and that the documents had been overlooked in their initial search,” writes The Tribune’s Emily Ramshaw.
There’s growing concern among researchers that public wariness about the newborn screening program will create a backlash—with parents declining to screen their kids (who may end up much sicker because their disease wasn’t caught early), and with the spots no longer made available for valuable pediatrics research, such as tracing the origins of childhood leukemia. This new revelation is likely to fan those flame—even if the samples in question are being destroyed.
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Citigroup announces possible bank holiday
Posted on February 23rd, 2010 No commentsWarns customers it “reserves the right” to delay withdrawals from checking accounts for seven days.
This notice was sent to customers nationwide:
“Effective April 1, 2010, we reserve the right to require (7) days advance notice before permitting a withdrawal from all checking accounts. While we do not currently exercise this right and have not exercised it in the past, we are required by law to notify you of this change,”
Citigroup later claimed that it was a mistake and only applied to residents of Texas. They later released the following statement:
Citibank has now released the following statement by way of explanation: “When Citibank moved to unlimited FDIC coverage in 2009, we had to reclassify many checking accounts to allow for immediate withdrawals in order to ensure all customers qualified for the additional coverage. When we moved back to standard FDIC coverage with most major banks in 2010, Citibank decided to reclassify those accounts back to make them eligible again for promotional incentives. To do so, Federal Reserve Reg D requires these accounts, called NOW accounts, to reserve the right to require a 7-day notice of withdrawal. We recently communicated this technical requirement to our customers. However, we have never exercised this right and have no plans to do so in the future.” [futureofcapitalism.com]
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Swiss Smugglers of A.Q. Khan Nuclear Secrets Worked With CIA
Posted on February 22nd, 2010 No commentsA. Q. Khan was a Pakistani nuclear scientist who was found to be selling nuclear technolgies to Lybia and Iran. While the CIA connection is not substantiated in any official way, it’s common knowledge that Pakistan is a puppet state of western intelligence, so the notion that the CIA had knowledge of this activity is not far-fetched. But what motivation would they have for increasing nuclear proliferation to “rogue” nations like Iran and Lybia?
When Vice President Dick Cheney and/or his minions outed Valerie Plame, former head of nuclear non-proliferation at the CIA, as an act of revenge against her husband having exposed the Niger yellow cake uranium forgeries (that helped justify the US invasion of Iraq), one had to wonder what their priorities really were.
But a broader view of the CIA’s activities and the New World Order agenda reveals that nuclear terror, whether real or promulgated by them, is exactly the kind of catalyzing crisis they need to implement world government and step up their depopulation agenda. If a nuke goes off in an american city, they can blame it on any country they want, and unleash the hell that they’ve been saving for so long.
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For the first time, it’s been officially confirmed that the Swiss brothers Urs and Marco Tinner did work for the American Central Intelligence Agency, the CIA.
The brothers and their father have been suspected of smuggling nuclear secrets for a group that supplied weapons components to Libya. The documents related to their case have been the subject of dispute – the Americans and some members of the Swiss government have wanted the documents destroyed.
The Tinners and the CIA denied that they were working together but information revealed in a ruling today from the Federal Court confirms that there was a secret collaboration between them.
The case against the Tinners continues.














