#BentBritain: #UK admits unlawfully monitoring legally privileged communications!

UK admits unlawfully monitoring legally privileged communications ~ and , The Guardian, Wednesday 18 February 2015.

Intelligence agencies have been monitoring conversations between lawyers and their clients for past five years, government admits

Abdul Hakim Belhaj and Sami al Saadi
The admission comes ahead of a legal challenge brought on behalf of two Libyans, Abdel-Hakim Belhaj and Sami al-Saadi, over allegations that security services unlawfully intercepted their communications with lawyers.  Photograph: PA & AFP

The regime under which UK intelligence agencies, including MI5 and MI6, have been monitoring conversations between lawyers and their clients for the past five years is unlawful, the British government has admitted.

The admission that the activities of the security services have failed to comply fully with human rights laws in a second major area – this time highly sensitive legally privileged communications – is a severe embarrassment for the government.

It follows hard on the heels of the British court ruling on 6 February declaring that the regime surrounding the sharing of mass personal intelligence data between America’s national security agency and Britain’s GCHQ was unlawful for seven years.

The admission that the regime surrounding state snooping on legally privileged communications has also failed to comply with the European convention on human rights comes in advance of a legal challenge, to be heard early next month, in which the security services are alleged to have unlawfully intercepted conversations between lawyers and their clients to provide the government with an advantage in court.

The case is due to be heard before the Investigatory Powers Tribunal (IPT). It is being brought by lawyers on behalf of two Libyans, Abdel-Hakim Belhaj and Sami al-Saadi, who, along with their families, were abducted in a joint MI6-CIA operation and sent back to Tripoli to be tortured by Muammar Gaddafi’s regime in 2004.

A government spokesman said: “The concession the government has made today relates to the agencies’ policies and procedures governing the handling of legally privileged communications and whether they are compatible with the European convention on human rights.

“In view of recent IPT judgments, we acknowledge that the policies adopted since [January] 2010 have not fully met the requirements of the ECHR, specifically article 8 (right to privacy). This includes a requirement that safeguards are made sufficiently public.

“It does not mean that there was any deliberate wrongdoing on their part of the security and intelligence agencies, which have always taken their obligations to protect legally privileged material extremely seriously. Nor does it mean that any of the agencies’ activities have prejudiced or in any way resulted in an abuse of process in any civil or criminal proceedings.”

He said that the intelligence agencies would now work with the interception of communications commissioner to ensure their policies satisfy all of the UK’s human rights obligations.

Cori Crider, a director at Reprieve and one of the Belhaj family’s lawyers said: “By allowing the intelligence agencies free reign to spy on communications between lawyers and their clients, the government has endangered the fundamental British right to a fair trial.

“Reprieve has been warning for months that the security services’ policies on lawyer-client snooping have been shot through with loopholes big enough to drive a bus through.

“For too long, the security services have been allowed to snoop on those bringing cases against them when they speak to their lawyers. In doing so, they have violated a right that is centuries old in British common law. Today they have finally admitted they have been acting unlawfully for years.

“Worryingly, it looks very much like they have collected the private lawyer-client communications of two victims of rendition and torture, and possibly misused them. While the government says there was no ‘deliberate’ collection of material, it’s abundantly clear that private material was collected and may well have been passed on to lawyers or ministers involved in the civil case brought by Abdel hakim Belhaj and Fatima Boudchar, who were ‘rendered’ to Libya in 2004 by British intelligence.

“Only time will tell how badly their case was tainted. But right now, the government needs urgently to investigate how things went wrong and come clean about what it is doing to repair the damage.”

Government sources, in line with all such cases, refuse to confirm or deny whether the two Libyans were the subject of an interception operation. They insist the concession does not concern the allegation that actual interception took place and say it will be for the investigatory powers tribunal hearing to determine the issue.

An updated draft interception code of practice spelling out the the rules for the first time was quietly published at the same time as the Investigatory Powers Tribunal ruling against GCHQ earlier this month in the case brought by Privacy International and Liberty.

The government spokesman said the draft code set out enhanced safeguards and provided more detail than previously on the protections that had to be applied in the security agencies handling of legally privileged communications.

The draft code makes clear that warrants for snooping on legally privileged conversations, emails and other communications between suspects and their lawyers can be granted if there are exceptional and compelling circumstances. They have to however ensure that they are not available to lawyers or policy officials who are conducting legal cases against those suspects.

Exchanges between lawyers and their clients enjoy a special protected status under UK law. Following exposure of widespread monitoring by the US whistleblower Edward Snowden in 2013, Belhaj’s lawyers feared that their exchanges with their clients could have been compromised by GCHQ’s interception of phone conversations and emails.

To demonstrate that its policies satisfy legal safeguards, MI6 were required in advance of Wednesday’s concession to disclose internal guidance on how intelligence staff should deal with material protected by legal professional privilege.

The MI6 papers noted: “Undertaking interception in such circumstances would be extremely rare and would require strong justification and robust safeguards. It is essential that such intercepted material is not acquired or used for the purpose of conferring an unfair or improper advantage on SIS or HMG [Her Majesty’s government] in any such litigation, legal proceedings or criminal investigation.”

The internal documents also refer to a visit by the interception commissioner, Sir Anthony May, last summer to examine interception warrants, where it was discovered that regulations were not being observed. “In relation to one of the warrants,” the document explained, “the commissioner identified a number of concerns with regard to the handling of [legal professional privilege] material”.

Amnesty UK’s legal programme director, Rachel Logan, said: “We are talking about nothing less than the violation of a fundamental principle of the rule of law – that communications between a lawyer and their client must be confidential.

“The government has been caught red-handed. The security agencies have been illegally intercepting privileged material and are continuing to do so – this could mean they’ve been spying on the very people challenging them in court.

“This is the second time in as many weeks that government spies have been rumbled breaking the law.”


#Obama’s ‘Crusaders’ analogy veils the #West’s modern crimes!

Obama’s ‘Crusaders’ analogy veils the West’s modern crimes ~ Ben White, The Nation, February 14, 2015.

Like many children, 13-year-old Mohammed Tuaiman suffered from nightmares. In his dreams, he would see flying “death machines” that turned family and friends into burning charcoal. No one could stop them, and they struck any place, at any time.

Unlike most children, Mohammed’s nightmares killed him.

Three weeks ago, a CIA drone operating over Yemen fired a missile at a car carrying the teenager, and two others. They were all incinerated. Nor was Mohammed the first in his family to be targeted: drones had already killed his father and brother.

Since president Barack Obama took office in 2009, the US has killed at least 2,464 people through drone strikes outside the country’s declared war zones. The figure is courtesy of The Bureau of Investigative Journalism, which says that at least 314 of the dead, one in seven, were civilians.

Recall that for Obama, as The New York Times reported in May 2012, “all military-age males in a strike zone” are counted “as combatants” – unless “there is explicit intelligence posthumously proving them innocent”.

It sounds like the stuff of nightmares.

The week after Mohammed’s death, on February 5, Mr Obama addressed the National Prayer Breakfast, and discussed the violence of ISIL.

“Lest we get on our high horses”, said the commander-in-chief, “remember that during the Crusades and the Inquisition, people committed terrible deeds in the name of Christ.”

These comments prompted a (brief) media storm, with Mr Obama accused of insulting Christians, pandering to the terrorist enemy, or just bad history.

In fact, the president was simply repeating a point often made by liberals since September 11, namely, that all religions have blots on their copy book through the deeds of their followers.

One of the consequences, however, of this invocation of the Crusades – unintended, and all the more significant for it – is to seal away the West’s “sins”, particularly vis-à-vis its relationship to the Middle East, in events that took place a thousand years ago.

The Crusades were, in one sense, a demonstration of raw military power, and a collective trauma for the peoples of the regions they marched through and invaded.

In the siege of Jerusalem in 1099, a witness described how the Europeans ordered “all the Saracen dead to be cast outside because of the great stench, since the whole city was filled with their corpses”.

He added: “No one ever saw or heard of such slaughter of pagan people, for funeral pyres were formed from them like pyramids.”

Or take the Third Crusade, when, on August 20, 1191, England’s King Richard I oversaw the beheading of 3,000 Muslim prisoners at Acre in full view of Saladin’s army.

Just “ancient history”? In 1920, when the French had besieged and captured Damascus, their commander Henri Gourard reportedly went to the grave of Saladin, kicked it, and uttered: “Awake Saladin, we have returned! My presence here consecrates the victory of the Cross over the Crescent.”

But the US president need not cite the Crusades or even the colonial rule of the early 20th century: more relevant reference points would be Bagram and Fallujah.

Bagram base in Afghanistan is where US soldiers tortured prisoners to death – like 22-year-old taxi driver and farmer Dilawar. Before he was killed in custody, Dilawar was beaten by soldiers just to make him scream “Allah!”

Five months after September 11, The Guardian reported that US missiles had killed anywhere between 1,300 and 8,000 in Afghanistan. Months later, the paper suggested that “as many as 20,000 Afghans may have lost their lives as an indirect consequence of the US intervention”.

When it was Iraq’s turn, the people of Fallujah discovered that US forces gave them funerals, not democracy. On April 28, 2003, US soldiers massacred civilian protesters, shooting to death 17 during a demonstration.

When that city revolted against the occupation, the residents paid a price. As Marines tried to quell resistance in the city, wrote The New York Times on April 14, 2004, they had “orders to shoot any male of military age on the streets after dark, armed or not”.Months later, as the Marines launched their November assault on the city, CNN reported that “the sky…seems to explode”.

In their bombardment and invasion of Iraq in 2003, the US and UK armed forces rained fiery death down on men, women and children. Prisoners were tortured and sexually abused. Hundreds of thousands of Iraqis died. No one was held to account.

It is one thing to apologise for the brutality of western Crusaders a thousand years ago. It is quite another to look at the corpses of the victims of the imperialist present, or hear the screams of the bereaved.

In his excellent book The Muslims Are Coming, Arun Kundnani analysed the “politics of anti-extremism”, and describes the two approaches developed by policymakers and analysts during the “war on terror”.

The first approach, which he refers to as “culturalism”, emphasises “what adherents regard as inherent features of Islamic culture”. The second approach, “reformism”, is when “extremism is viewed as a perversion of Islam’s message”, rather than “a clash of civilisations between the West’s modern values and Islam’s fanaticism”.

Thus the American Right was angry with Mr Obama, because for them, it is about religion – or specifically, Islam. Liberals, meanwhile, want to locate the problem in terms of culture.

Both want to avoid a discussion about imperialism, massacres, coups, brutalities, disappearances, dictatorships – in other words, politics.

As Kundnani writes: when “the concept of ideology” is made central, whether understood as “Islam itself or as Islamist extremism”, then “the role of western states in co-producing the terror war is obscured”.

The problem with Mr Obama’s comments on the Crusades was not, as hysterical conservatives claimed, that he was making offensive and inaccurate analogies with ISIL; rather, that in the comfort of condemning the past, he could mask the violence of his own government in the present.

The echoes of collective trauma remain for a long time, and especially when new wounds are still being inflicted. Think it is farfetched that Muslims would still care about a 1,000-year-old European invasion? Then try asking them about Guantanamo and Camp Bucca instead.

Ben White is a journalist and author of Israeli Apartheid

Obama’s ‘Crusaders’ analogy veils the West’s modern crimes
Pep Montserrat for The National

| Washington’s Military Aid to Israel: Fake Peace Process, Real War Process!

Washington’s Military Aid to Israel 
Fake Peace Process, Real War Process Chase Madar, TomDispatch.

We Americans have funny notions about foreign aid. Recent polls show that, on average, we believe 28% of the federal budget is eaten up by it, and that, in a time of austerity, this gigantic bite of the budget should be cut back to 10%. In actual fact, barely 1% of the federal budget goes to foreign aid of any kind.

In this case, however, truth is at least as strange as fiction. Consider that the top recipient of U.S. foreign aid over the past three decades isn’t some impoverished land filled with starving kids, but a wealthy nation with a per-head gross domestic product on par with the European Union average, and higher than that of Italy, Spain, or South Korea.

Consider also that this top recipient of such aid — nearly all of it military since 2008 — has been busily engaged in what looks like a nineteenth-century-style colonization project. In the late 1940s, our beneficiary expelled some 700,000 indigenous people from the land it was claiming.  In 1967, our client seized some contiguous pieces of real estate and ever since has been colonizing these territories with nearly 650,000 of its own people. It has divided the conquered lands with myriad checkpoints and roads accessible only to the colonizers and is building a 440-mile wall around (and cutting into) the conquered territory, creating a geography of control that violates international law.

“Ethnic cleansing” is a harsh term, but apt for a situation in which people are driven out of their homes and lands because they are not of the right tribe. Though many will balk at leveling this charge against Israel — for that country is, of course, the top recipient of American aid and especially military largesse — who would hesitate to use the term if, in a mirror-image world, all of this were being inflicted on Israeli Jews?

Military Aid to Israel

Arming and bankrolling a wealthy nation acting in this way may, on its face, seem like terrible policy. Yet American aid has been flowing to Israel in ever greater quantities. Over the past 60 years, in fact, Israel has absorbed close to a quarter-trillion dollars in such aid. Last year alone, Washington sent some $3.1 billion in military aid, supplemented by allocations for collaborative military research and joint training exercises.

Overall, the United States covers nearly one quarter of Israel’s defense budget — from tear gas canisters to F-16 fighter jets. In their 2008-2009 assault on Gaza, the Israeli Defense Forces made use of M-92 and M-84 “dumb bombs,” Paveway II and JDAM guided “smart bombs,” AH-64 Apache attack helicopters equipped with AGM-114 Hellfire guided missiles, M141 “bunker defeat” munitions, and special weapons like M825A1 155mm white phosphorous munitions — all supplied as American foreign aid. (Uniquely among Washington’s aid recipients, Israel is also permitted to spend 25% of the military funding from Washington on weapons made by its own weapons industry.)

Why is Washington doing this? The most common answer is the simplest: Israel is Washington’s “ally.” But the United States has dozens of allies around the world, none of which are subsidized in anything like this fashion by American taxpayer dollars. As there is no formal treaty alliance between the two nations and given the lopsided nature of the costs and benefits of this relationship, a far more accurate term for Israel’s tie to Washington might be “client state.”

And not a particularly loyal client either. If massive military aid is supposed to give Washington leverage over Israel (as it normally does in client-state relationships), it is difficult to detect. In case you hadn’t noticed, rare is the American diplomatic visit to Israel that is not greeted with an in-your-face announcement of intensifiedcolonization of Palestinian territory, euphemistically called “settlement expansion.”

Washington also provides aid to Palestine totaling, on average, $875 million annually in Obama’s first term (more than double what George W.  Bush gave in his second term). That’s a little more than a quarter of what Israel gets.  Much of it goes to projects of dubious net value like the development of irrigation networks at a moment when the Israelis are destroying Palestinian cisterns and wells elsewhere in the West Bank. Another significant part of that funding goes toward training the Palestinian security forces. Known as “Dayton forces” (after the American general, Keith Dayton, who led their training from 2005 to 2010), these troops have a grim human rights record that includes acts of torture, as Dayton himself has admitted. One former Dayton deputy, an American colonel, described these security forces to al-Jazeera as an outsourced “third Israeli security arm.” According to Josh Ruebner, national advocacy director for the U.S. Campaign to End the Occupation and author of Shattered Hopes: Obama’s Failure to Broker Israeli-Palestinian Peace, American aid to Palestine serves mainly to entrench the Israeli occupation.

A Dishonest Broker

Nothing is equal when it comes to Israelis and Palestinians in the West Bank, East Jerusalem, and the Gaza Strip — and the numbers say it all. To offer just one example, the death toll from Operation Cast Lead, Israel’s 2008-2009 assault on the Gaza Strip, was 1,385 Palestinians (the majority of them civilians) and 13 Israelis, three of them civilians.

And yet mainstream opinion in the U.S. insists on seeing the two parties as essentially equal. Harold Koh, former dean of the Yale Law School and until recently the top lawyer at the State Department, has been typical  in comparing Washington’s role to “adult supervision” of “a playground populated by warring switchblade gangs.” It was a particularly odd choice of metaphors, given that one side is equipped with small arms and rockets of varying sophistication, the other with nuclear weapons and a state-of-the-art modern military subsidized by the world’s only superpower.

Washington’s active role in all of this is not lost on anyone on the world stage — except Americans, who have declared themselves to be the even-handed arbiters of a conflict involving endless failed efforts at brokering a “peace process.” Globally, fewer and fewer observers believe in this fiction of Washington as a benevolent bystander rather than a participant heavily implicated in a humanitarian crisis. In 2012, the widely respected International Crisis Group described the “peace process” as “a collective addiction that serves all manner of needs, reaching an agreement no longer being the main one.”

The contradiction between military and diplomatic support for one party in the conflict and the pretense of neutrality cannot be explained away. “Looked at objectively, it can be argued that American diplomatic efforts in the Middle East have, if anything, made achieving peace between Palestinians and Israelis more difficult,” writes Rashid Khalidi, a historian at Columbia University, and author of Brokers of Deceit: How the U.S. Has Undermined Peace in the Middle East.

Evasive Silence

American policy elites are unable or unwilling to talk about Washington’s destructive role in this situation. There is plenty of discussion about a one-state versus a two-state solution, constant disapproval of Palestinian violence, occasional mild criticism (“not helpful”) of the Israeli settlements, and lately, a lively debate about the global boycott, divestment, and sanction movement (BDS) led by Palestinian civil society to pressure Israel into a “just and lasting” peace. But when it comes to what Americans are most responsible for — all that lavish military aid and diplomatic cover for one side only — what you get is either euphemism or an evasive silence.

In general, the American media tends to treat our arming of Israel as part of the natural order of the universe, as beyond question as the force of gravity. Even the “quality” media shies away from any discussion of Washington’s real role in fueling the Israel-Palestine conflict. Last month, for instance, the New York Times ran anarticle about a prospective “post-American” Middle East without any mention of Washington’s aid to Israel, or for that matter to Egypt, or the Fifth Fleet parked in Bahrain.

You might think that the progressive hosts of MSNBC’s news programs would be all over the story of what American taxpayers are subsidizing, but the topic barely flickers across the chat shows of Rachel Maddow, Chris Hayes, and others. Given this across-the-board selective reticence, American coverage of Israel and Palestine, and particularly of American military aid to Israel, resembles the Agatha Christie novel in which the first-person narrator, observing and commenting on the action in calm semi-detachment, turns out to be the murderer.

Strategic Self-Interest and Unconditional Military Aid

On the activist front, American military patronage of Israel is not much discussed either, in large part because the aid package is so deeply entrenched that no attempt to cut it back could succeed in the near future. Hence, the global BDS campaign has focused on smaller, more achievable targets, though as Yousef Munayyer, executive director of the Jerusalem Fund, an advocacy group, told me, the BDS movement does envision an end to Washington’s military transfers in the long term. This makes tactical sense, and both the Jerusalem Fund and the U.S. Campaign to End the Israeli Occupation are engaged in ongoing campaigns to inform the public about American military aid to Israel.

Less understandable are the lobbying groups that advertise themselves as “pro-peace,” champions of “dialogue” and “conversation,” but share the same bottom line on military aid for Israel as their overtly hawkish counterparts. For instance, J Street (“pro-Israel and pro-peace”), a Washington-based nonprofit which bills itself as a moderate alternative to the powerhouse lobbying outfit, the American Israel Public Affairs Committee (AIPAC), supports both “robust” military aid and any supplemental disbursements on offer from Washington to the Israeli Defense Forces.  Americans for Peace Now similarly takes the position that Washington should provide “robust assistance” to ensure Israel’s “qualitative military edge.” At the risk of sounding literal-minded, any group plumping for enormous military aid packages to a country acting as Israel has is emphatically not “pro-peace.” It’s almost as if the Central America solidarity groups from the 1980s had demanded peace, while lobbying Washington to keep funding the Contras and the Salvadoran military.

Outside the various factions of the Israel lobby, the landscape is just as flat. The Center for American Progress, a Washington think tank close to the Democratic Party, regularly issues pious statements about new hopes for the “peace process” — with never a mention of how our unconditional flow of advanced weaponry might be a disincentive to any just resolution of the situation.

There is, by the way, a similar dynamic at work when it comes to Washington’s second biggest recipient of foreign aid, Egypt. Washington’s expenditure of more than $60 billion over the past 30 years ensured both peace with Israel and Cold War loyalty, while propping up an authoritarian government with a ghastly human rights record. As the post-Mubarak military restores its grip on Egypt, official Washington is currently at work finding ways to keep the military aid flowing despite a congressional ban on arming regimes that overthrow elected governments. There is, however, at least some mainstream public debate in the U.S. about ending aid to the Egyptian generals who have violently reclaimed power. Investigative journalism nonprofit ProPublica has even drafted a handy “explainer” about U.S. military aid to Egypt — though they have not tried to explain aid to Israel.

Silence about U.S.-Israel relations is, to a large degree, hardwired into Beltway culture. As George Perkovich, director of the nuclear policy program at the Carnegie Endowment for International Peace told the Washington Post, “It’s like all things having to do with Israel and the United States. If you want to get ahead, you don’t talk about it; you don’t criticize Israel, you protect Israel.”

This is regrettable, as Washington’s politically invisible military aid to Israel is not just an impediment to lasting peace, but also a strategic and security liability. As General David Petraeus, then head of U.S. Central Command, testified to the Senate Armed Services Committee in 2010, the failure to reach a lasting resolution to the conflict between the Israelis and Palestinians makes Washington’s other foreign policy objectives in the region more difficult to achieve. It also, he pointed out, foments anti-American hatred and fuels al-Qaeda and other violent groups.  Petraeus’s successor at CENTCOM, General James Mattis, echoed this list of liabilities in a public dialogue with Wolf Blitzer last July:

“I paid a military security price every day as a commander of CENTCOM because the Americans were seen as biased in support of Israel, and that [alienates] all the moderate Arabs who want to be with us because they can’t come out publicly in support of people who don’t show respect for the Arab Palestinians.”

Don’t believe the generals? Ask a terrorist. Khalid Sheikh Mohammed, mastermind of the 9/11 attacks now imprisoned at Guantanamo, told interrogators that he was motivated to attack the United States in large part because of Washington’s leading role in assisting Israel’s repeated invasions of Lebanon and the ongoing dispossession of Palestinians.

The Israel lobby wheels out a battery of arguments in favor of arming and funding Israel, including the assertion that a step back from such aid for Israel would signify a “retreat” into “isolationism.” But would the United States, a global hegemon busily engaged in nearly every aspect world affairs, be “isolated” if it ceased giving lavish military aid to Israel? Was the United States “isolated” before 1967 when it expanded that aid in a major way? These questions answer themselves.

Sometimes the mere act of pointing out the degree of U.S. aid to Israel provokes accusations of having a special antipathy for Israel. This may work as emotional blackmail, but if someone proposed that Washington start shipping Armenia $3.1 billion worth of armaments annually so that it could begin the conquest of its ancestral province of Nagorno-Karabakh in neighboring Azerbaijan, the plan would be considered ludicrous — and not because of a visceral dislike for Armenians. Yet somehow the assumption that Washington is required to generously arm the Israeli military has become deeply institutionalized in this country.

Fake Peace Process, Real War Process

Today, Secretary of State John Kerry is leading a push for a renewed round of the interminable American-led peace process in the region that has been underway since the mid-1970s.  It’s hardly a bold prediction to suggest that this round, too, will fail. The Israeli minister of defense, Moshe Ya’alon, has already publiclymocked Kerry in his quest for peace as “obsessive and messianic” and added that the newly proposed framework for this round of negotiations is “not worth the paper it’s printed on.” Other Israeli high officials blasted Kerry for his mere mention of the potential negative consequences to Israel of a global boycott if peace is not achieved.

But why shouldn’t Ya’alon and other Israeli officials tee off on the hapless Kerry? After all, the defense minister knows that Washington will wield no stick and that bushels of carrots are in the offing, whether Israel rolls back or redoubles its land seizures and colonization efforts. President Obama has boasted that the U.S. has never given so much military aid to Israel as under his presidency. On January 29th, the House Foreign Affairs Committee voted unanimously to upgrade Israel’s status to “major strategic partner.” With Congress and the president guaranteeing that unprecedented levels of military aid will continue to flow, Israel has no real incentive to change its behavior.

Usually such diplomatic impasses are blamed on the Palestinians, but given how little is left to squeeze out of them, doing so this time will test the creativity of official Washington. Whatever happens, in the post-mortems to come there will be no discussion in Washington about the role its own policies played in undermining a just and lasting agreement.

How much longer will this silence last? The arming and bankrolling of a wealthy nation committing ethnic cleansing has something to offend conservatives, progressives, and just about every other political grouping in America. After all, how often in foreign policy does strategic self-interest align so neatly with human rights and common decency?

Intelligent people can and do disagree about a one-state versus a two-state solution for Israel and Palestine. People of goodwill disagree about the global BDS campaign. But it is hard to imagine what kind of progress can ever be made toward a just and lasting settlement between Israel and Palestine until Washington quits arming one side to the teeth.

“If it weren’t for U.S. support for Israel, this conflict would have been resolved a long time ago,” says Josh Ruebner.  Will we Americans ever acknowledge our government’s active role in destroying the chances for a just and lasting peace between Palestine and Israel?

 

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| Eat or heat? ’Tis the season to be Hateful‏!

’tis the season to be Hateful‏ ~ Matt Carr’s Infernal Machine,

Notes From the Margins…

Some years ago I read that Charles Dickens would sometimes pay tramps to sit outside his house on Christmas Day, so that he and his carousing guests could enjoy the cosy domestic pleasures of the Victorian hearth even more, by contrasting it with the poverty and deprivation just outside his front door.

I’ve never managed to discover whether that story is true or not, and I initially thought in any case that it was an odd thing to do. But lately I’ve come to conclude that it isn’t that odd at all, because in a way British society does something similar every year, when the homeless suddenly become a subject worthy of media attention in the lead up to Christmas.

Judging from the almost ritualistic way that the homeless will appear on tv and the radio, a recently arrived alien would be forgiven for believing that people only become homeless during December, and then go back to their houses again, after providing the rest of us with as a kind of bleak seasonal counterpoint to the Rabelaisian levels of consumption with which we celebrate the birth of the Messiah.

This year has been no exception. We learned from Shelter that 80,000 children were homeless on Christmas Day in the UK. We read about how Americans showered presents on a homeless Washington schoolgirl called Christmas Diamond Hayworth, after a heartrending story appeared in the Washington Post, which described how she and her mother had been turfed out onto the pavement.

Many readers were moved to tears by that story, and so touched by the contrast between the world of poverty that it described and the affluence of their own children, that they personally visited the shelter where Christmas and her mother were staying to present her with the paint set and art materials she had set her heart on.

Noone can deny that this is a sweet story, or that the sentiments of those who did this were admirable and even noble. But there are other issues here, which the Washington Post did not address, in its celebration of the altruism shown by a (guilty) few towards a girl with an appropriately seasonal name; namely what kind of society is it that allows a woman and her children to be thrown out onto the street because she doesn’t have money to pay the rent?

Why must me feel goodwill towards the poor at Christmas, yet tolerate for the rest of the year the systemic factors that reduce people to poverty and homelessness, and which increasingly strip away the protection and support available to keep the weakest and most vulnerable sections of society from becoming even poorer?

From today, for example, 1.3 million Americans who have been unemployed for 27 weeksor more will lose their unemployment benefits, because Congress, with the support of President Obama, has not included an extension of the period over which such benefits are allowed in its new budget.

In the UK, the Trussell Trust has attributed the astonishing rise in the numbers of people using foodbanks primarily to the benefit cuts and ‘reforms’ introduced by the Coalition government. Yet Ian Duncan Smith, a stunningly callous and fanatical politician who is beginning to make Lord Castlereagh look positively benign, accuses the Trust of ‘scaremongering’ in order to promote its ‘business model.’

In a Commons debate shortly before Christmas, Duncan Smith and his deputy Esther McVey could be seen smirking and sniggering along with other Tory MPs as Labour MP Fiona MacTaggart told the house of shoppers in her local Tescos scrabbling for discounted vegetables.

Not even the season of goodwill could inject any humanity into this lot, it seems. We might ponder over the mysterious psychological processes that lead people like Duncan Smith to have a little chuckle at the thought of poor people scrabbling round to survive, some of whom will be doing so as a result of their policies.

But to some extent we would be wasting our time. Because what we are dealing with here is a social phenomenon, that we can trace back through the 19th century Poor Laws and the workhouse, to the fear and regulation of the ‘wandering poor’ in the Middle Ages.

Rich and unequal societies fear and to some extent hate the poor who provide the most visible evidence of social injustice. The elites who benefit most from such injustice have even more reason to do so, because they see in the poor the possibility of their ultimate downfall, and a moral obligation that they are reluctant to accept.

So like the Republican Party in the United States, and like the Coalition, they must convince themselves that the poor are poor because of their vices, because they are lazy, feckless and parasitical.

They more they do this the more they are able to ease any sense of moral responsibility or obligation towards them and feel better about the wealth they have or the wealth they might have. Blaming those who have little or nothing is also a lot more convenient politically, than drawing attention to those who have everything, or the structural inequalities that extreme disparities in wealth and power have embedded into society.

This is why ‘benefit scroungers’ and the ‘workshy’, disabled people and migrants have got such a kicking over the last few years, just as beggars and ‘masterless men’ once did in times gone by.

And the more the gap grows between the haves and have nots, the more pressing it becomes to gloss over the fact that so much poverty is essentially manufactured poverty, and blame it on the poor themselves.

When I say manufactured, that’s exactly what I mean. On Boxing Day, a coroner’s report revealed that Tim Salter, a 53-year-old unemployed man who has been partially blind since 1994 and suffered from mental health problems, hanged himself in September because a Government test had judged him fit for work and cut his disability benefits.

Salter was only two days from an eviction from the house where he had lived all his life, when he killed himself. According to the Coroner:

‘A major factor in his death was that his state benefits had been greatly reduced leaving him almost destitute and with threatened repossession of his home.’

No doubt that is a story to make Duncan Smith and his colleagues chuckle over their Christmas turkey – or blame it on the mental health problems of a little person with nothing much in the bank.

But many others might conclude that this was a death that did not need to happen;that no one should ever be thrown on the street or forced to go to a foodbank in what remains one of the richest countries on earth; that such things are not the result of fate or destiny or bad lifestyle choices, but political decisions taken by men and women who really don’t care very much about anybody’s interests except those above a certain income level.

And the fact that we have allowed such people to rule us is something that should fill us with shame and disgust – and move us to something more than a little flutter of generosity and goodwill once a year.

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| Don’t be Fooled by Mainstream Media Journalists, “Independent” Experts and the CIA!

Don’t be Fooled by Mainstream Media Journalists, “Independent” Experts and the CIA ~

Global Research.

“Under CIA manipulation, direction and, usually, their payroll, were past and present presidents of Mexico, Colombia, Uruguay and Costa Rica, “our minister of labor”, “our vice-president”, “my police”, journalists, labor leaders, student leaders, diplomats, and many others. If the Agency wished to disseminate anti-communist propaganda, cause dissension in leftist ranks, or have Communist embassy personnel expelled, it need only prepare some phony documents, present them to the appropriate government ministers and journalists, and – presto! – instant scandal.”
(William BlumCIA Manipulation: The Painful Truths Told by Phil AgeeAnti-Empire Report 27 June 2013)

Independent media outlets are increasingly challenging the powers that be and, thanks to social media, the truth about what is really happening in our world can be shared at the click of a button.

Sadly, the imperial war machine continues to rear its violent head in exponential proportion under the guise of democracy and “War on Terrorism”.

This war machine is promoted by the mainstream media who cannot be trusted for many reasons. It is a well documented fact that the CIA has used journalism as a cover for its agents and has planted stories in the media.

According to CIA documents, “more than 400 American journalists … in the past twenty‑five years have secretly carried out assignments for the Central Intelligence Agency“, wrote Carl Bernstein in 1977.

In this episode of Alternative views, former CIA agent John Stockwell explains “how CIA ‘disinformation’ tactics manipulate public opinion by planting stories in the press and by financing and supporting right-wing newspapers“.

Planting stories in the media is a standard CIA technique:

common Agency tactic was writing editorials and phony news stories to be knowingly published by Latin American media with no indication of the CIA authorship or CIA payment to the media. The propaganda value of such a “news” item might be multiplied by being picked up by other CIA stations in Latin America who would disseminate it through a CIA-owned news agency or a CIA-owned radio station. Some of these stories made their way back to the United States to be read or heard by unknowing North Americans. (Blum, op. cit.)

Moreover several journalists are members of the very influential foreign policy think tank Council on Foreign Relations, which has among its corporate members:

1. Major financial institutions such as:

Bank of America Merrill Lynch

Citi

Goldman Sachs Group, Inc.

JPMorgan Chase & Co

The Nasdaq OMX Group

2. All the companies part of what is known as Big Oil:

BP p.l.c.

Chevron Corporation

ConocoPhillips Company

Exxon Mobil Corporation

Shell Oil Company

TOTAL S.A.

3. Major defense and security contractors which largely rely on military sales (figures from SIPRI) and government subsidies, among others:

DynCorp International (70% of revenues from military sales in 2011)

Lockheed Martin Corporation (78% of revenues from military sales in 2011)

Northrop Grumman (81% of revenues from military sales in 2011)

Raytheon Company (90% of revenues from military sales in 2011)

Booz Allen Hamilton Inc. (99% of revenues from federal government)

In addition, mainstream media experts on foreign policy issues are often linked to the military-industrial complex and are very often presented as ”independent”.

During the public debate around the question of whether to attack Syria, Stephen Hadley, former national security adviser to George W. Bush, made a series of high-profile media appearances. Hadley argued strenuously for military intervention in appearances on CNN, MSNBC, Fox News, and Bloomberg TV, and authored a Washington Post op-ed headlined “To stop Iran, Obama must enforce red lines with Assad.”

In each case, Hadley’s audience was not informed that he serves as a director of Raytheon, the weapons manufacturer that makes the Tomahawk cruise missiles that were widely cited as a weapon of choice in a potential strike against Syria. Hadley earns $128,500 in annual cash compensation from the company and chairs its public affairs committee. He also owns 11,477 shares of Raytheon stock, which traded at all-time highs during the Syria debate ($77.65 on August 23, making Hadley’s share’s worth $891,189). Despite this financial stake, Hadley was presented to his audience as an experienced, independent national security expert. (Public Accountability, War or No War on Syria: Conflict of Interest of “Experts” who Commented in Favor of Military Intervention, October 15, 2013)

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| An Awkward Silence – Burying the Hersh Revelations of Obama’s Syrian Deceit!

An Awkward Silence – Burying The Hersh Revelations Of Obama’s Syrian Deceit ~ David Cromwell, Media Lens.

‘All governments lie’, the US journalist I.F. Stone once noted, with Iraq the most blatant example in modern times. But Syria is another recent criminal example of Stone’s dictum.

An article in the current edition of London Review of Books by Seymour Hersh makes a strong case that US President Obama misled the world over the infamous chemical weapons attack near Damascus on August 21 this year. Hersh is the Pulitzer Prize-winning journalist who exposed the My Lai atrocity committed by American troops in Vietnam and the subsequent cover-up. He also helped bring to public attention the systematic brutality of US soldiers at the Abu Ghraib prison in Iraq.

After the nerve gas attack at Ghouta, Obama had unequivocally pinned the blame on Syrian President Assad, a propaganda claim that was fervently disseminated around the world by a compliant corporate news media. Following Obama’s earlier warnings that any use of chemical weapons would cross a ‘red line’, he then declared on US television on September 10, 2013:

‘Assad’s government gassed to death over a thousand people …We know the Assad regime was responsible … And that is why, after careful deliberation, I determined that it is in the national security interests of the United States to respond to the Assad regime’s use of chemical weapons through a targeted military strike.’

There was global public opposition to any attack on Syria. But war was only averted when the Americans agreed to a Russian proposal at the UN to dismantle Syria’s capability for making chemical weapons.

Based on interviews with US intelligence and military insiders, Hersh now charges that Obama deceived the world in making a cynical case for war. The US president ‘did not tell the whole story’, says the journalist:

‘In some instances, he omitted important intelligence, and in others he presented assumptions as facts. Most significant, he failed to acknowledge something known to the US intelligence community: that the Syrian army is not the only party in the country’s civil war with access to sarin, the nerve agent that a UN study concluded – without assessing responsibility – had been used in the rocket attack.’

Obama did not reveal that American intelligence agencies knew that the al-Nusra Front, a jihadi group affiliated with al-Qaida, had the capability to manufacture considerable quantities of sarin. When the attack on Ghouta took place, ‘al-Nusra should have been a suspect, but the administration cherry-picked intelligence to justify a strike against Assad.’ Indeed, the ‘cherry-picking was similar to the process used to justify the Iraq war.’

Hersh notes that when he interviewed intelligence and military personnel:

‘I found intense concern, and on occasion anger, over what was repeatedly seen as the deliberate manipulation of intelligence. One high-level intelligence officer, in an email to a colleague, called the administration’s assurances of Assad’s responsibility a “ruse”.’

Hersh continues:

‘A former senior intelligence official told me that the Obama administration had altered the available information – in terms of its timing and sequence – to enable the president and his advisers to make intelligence retrieved days after the attack look as if it had been picked up and analysed in real time, as the attack was happening.’

The former official said that this ‘distortion’ of the facts by the Obama administration ‘reminded him of the 1964 Gulf of Tonkin incident, when the Johnson administration reversed the sequence of National Security Agency intercepts to justify one of the early bombings of North Vietnam.’

Hersh adds:

‘The same official said there was immense frustration inside the military and intelligence bureaucracy: “The guys are throwing their hands in the air and saying, ‘How can we help this guy’ – Obama – ‘when he and his cronies in the White House make up the intelligence as they go along?’ “‘

Hersh does not actually use the word ‘lie’ or ‘deceive’ in his article. But, given the above account, he might as well have done.

In an interview with Amy Goodman on Democracy Now!, Hersh notes that:

‘there are an awful lot of people in the government who just were really very, very upset with the way the information about the gas attack took place.’

He makes clear that he is not making any claims for who conducted the sarin attack at Ghouta; he does not know who did it. ‘But there’s no question my government does not’ know either. The essence of the revelations, Hersh emphasises, is that Obama ‘was willing to go to war, wanted to throw missiles at Syria, without really having a case and knowing he didn’t have much of a case.’

‘Our Media Lie Entirely In Sync With Our Governments’

The independent journalist Jonathan Cook spells out an important conclusion from Hersh’s vital reporting:

‘not only do our governments lie as a matter of course, but our media lie entirely in sync with our governments. Hersh exposes a catalogue of journalistic failures in his piece, just as occurred in Iraq. He even points out that at one vital White House press conference, where the main, false narrative was set out, officials refused to invite a critical national security correspondent, presumably fearing that he might expose the charade.’

It is noteworthy that Hersh’s article did not appear in The New Yorker, his usual outlet in recent years. Hersh said ‘there was little interest’ for the story at the magazine, and New Yorker editor David Remnick did not respond to the news website BuzzFeed asking for an explanation for a piece it published discussing Hersh’s revelations.

The Washington Post also turned down Hersh’s article, even though it was originally going to run there. Hersh was told by Executive Editor Marty Baron ‘that the sourcing in the article did not meet the Post’s standards.’ The journalist finally turned to the London Review of Books which, ironically, published his piece after it had been ‘thoroughly fact checked by a former New Yorker fact checker who had worked with Hersh in the past.’

Given the resistance from both The New Yorker and the Washington Post, Cook is right to say that there should be no ‘false complacency’ that Hersh’s exceptional role in exposing state deceptions demonstrates that our media is anywhere close to being ‘free and pluralistic.’ Cook makes the astute observation that:

‘There will always be the odd investigative reporter like Hersh at the margins of the mainstream media. And one can understand why by reading Hersh closely. His sources of information are those in the security complex who lost the argument, or came close to losing the argument, and want it on record that they opposed the government line. Hersh is useful to them because he allows them to settle scores within the establishment or to act as a warning bell against future efforts to manipulate intelligence in the same manner. He is useful to us as readers because he reveals disputes that show us much more clearly what has taken place.’

‘Several Hours Of Googling’ Trumps Hersh

Some commentators have attempted to dismiss Hersh’s article by misrepresenting it as pinning the blame on Syrian rebels for the Ghouta chemical weapons attack. Brian Whitaker, a former Middle East editor of the Guardian, has a blog piece based on this skewed reading. Whitaker asks his readers to treat Seymour Hersh, a veteran journalist with an impressive track record, with more scepticism than Eliot Higgins ‘who sits at home in an English provincial town [Leicester] trawling the internet and tweets and blogs about his findings under the screen name Brown Moses.’ Whitaker argues with a straight face that Hersh’s in-depth journalism has been trumped by a blogger who has performed ‘several hours of Googling’.

Whitaker wrote a follow-up blog piece prompted by criticism he’d received from Media Lens via Twitter. Again, he seemingly failed to grasp the point of Hersh’s article – that Obama had no solid case and knew it – and Whitaker instead blew some diversionary smoke about ‘a conflict between two different approaches [i.e. those of internet-researcher Higgins and ‘traditional’ Hersh] to investigative journalism and the sources that they use’. There followed an excellent rebuttal from the ever-insightful Interventions Watch. First, citing Whitaker:

‘he [Hersh] has often been criticised for his use of shadowy sources. In the words of one Pentagon spokesman, he has “a solid and well-earned reputation for making dramatic assertions based on thinly sourced, unverifiable anonymous sources”.’

Interventions Watch then noted that:

‘Hersh has spent decades shining lights into places “Pentagon spokesmen” types don’t want him to look. So it’s not surprising that they’d try and discredit his work. Would Whitaker, for example, quote an Iranian military spokesman to try and rubbish the work of an Iranian dissident journalist? I doubt it. And the fact he does it here perhaps says much about his unexamined assumptions and biases.’

It is hardly surprising that Higgins, a blogger who presents a view conforming to the ‘mainstream’ narrative, should be given special attention by Whitaker, an establishment journalist. As Interventions Watch observes:

‘At this point in his career, it’s not like Higgins is some obscure, insurgent outsider. He has had his work published in The New York Times and Foreign Policy, has had a lengthy profile written about him in The New Yorker, has worked with Human Rights Watch, and has been interviewed more than once on T.V. News. Does this make him wrong? Of course not. But the line between him and “old media” isn’t quite as defined as Whitaker would like to make out.’

Phil Greaves, a writer on US-UK foreign policy, likewise questions the role of Higgins who has recently:

‘jump[ed] to the fore with his YouTube analysis in order to bolster mainstream discourse whilst offering the air of impartiality and the crucial “open source” faux-legitimacy. It has become blatantly evident that the “rebels” in both Syria and Libya have made a concerted effort in fabricating YouTube videos in order to incriminate and demonize their opponents while glorifying themselves in a sanitized image. Western media invariably lapped-up such fabrications without question and subsequently built narratives around them – regardless of contradictory evidence or opinion.’

The same spotlight of corporate media approval shines on the grandly-named Syrian Observatory for Human Rights – a man who owns a clothes shop, operating from his Coventry home – and the volunteer-run Iraq Body Count, whose numbers are routinely cited by journalists in preference to the much higher death-toll estimates from the Lancet epidemiological studies.

To emphasise once again, culpability for the Ghouta chemical attack is not the key thrust of Hersh’s article at all. It is that significant elements of the US intelligence community were angered and dismayed by the Obama administration’s manipulation of the facts, and that the White House falsely claimed certainty in its bid to make a self-interested case for war. It takes considerable skill in mental and verbal contortions to avoid these simple truths.

No Need For A Memory Hole

To date, searches of the Lexis newspaper database reveal that not a single print article has appeared about Hersh’s revelations in the entire UK national press. Notably, the Guardian and the Independent, the two flagship daily newspapers of British liberal journalism, have steered well clear of embarrassing Obama. For the entire British press not to even discuss, far less mention, Hersh’s claims is Orwellian – or worse. Why worse? Because there is not even the need for amemory hole if the story never surfaced in the first place. This represents an astonishing level of media conformity to the government narrative of events. In fact, the silence indicates complicity in the cynical distortion of the truth for war aims.

To its credit, the Daily Mail did publish a web-only article which was a fair summary of Hersh’s article, and Peter Oborne had a short blog piece on the Telegraph website: all of five brief paragraphs. Oborne’s piece then prompted his colleague Richard Spencer, a Telegraph foreign correspondent, to write his own web-only article denouncing Hersh’s careful journalism as ‘conspiracy theory’. Spencer did so based in large part on his reliance on the googling work of Eliot ‘Brown Moses’ Higgins, mentioned above, and a second blog ‘of admittedly variable quality’. That appears to have been the sum total of press attention devoted to genuinely shocking revelations about the Nobel Peace Prize-winning US president.

As far as we can tell, there has been no coverage by BBC News, ITV News or Channel 4 News. (Certainly google searches of their websites yield not a single hit.) In the US, the media has likewise ‘blacked out’ coverage of Hersh’s strong claims.

Imagine if a respected and experienced journalist published an in-depth piece reporting that an official enemy had deceived the world over chemical weapon claims in order to agitate for war. It would be plastered over every front page and given headline coverage on every major news programme.

As the days rolled on following the publication of Hersh’s article, several Media Lens readers emailed journalists asking why they hadn’t covered the revelations and urging them now to do so. Justin Webb of the BBC Radio 4 Today programme was a rare voice in responding:

‘Thanks for this note – the answer is that we will and should [be covering the Hersh revelations] but we need to work out how much weight to give them. But yes it’s obviously important.’ (Posted on the Media Lens message board by Robert, December 12, 2013; temporary link.)

But, so far, nothing has been broadcast.

Another reader challenged Michael White, a Guardian assistant editor, who also had the decency to respond. White said:

‘thanks for the note, was not aware of the piece, but he’s a man to take seriously is Sey [sic] Hersh, so I will ask around among colleagues concerned with these matters’ (Email, December 12, 2013)

Within an hour, White had replied again:

‘a well informed friend says:

‘ “short answer: it was widely attacked and discredited by people who are genuinely expert on the subject and use open sources rather than anonymous spooks.

‘”http://www.foreignpolicy.com/articles/2013/12/09/sy_hershs_chemical_misfire#sthash.UKt3cjE9.dpbs

‘ “the article was rejected by wash post and new yorker apparently”.’

Who is the ‘well informed friend’ – a Guardian colleague perhaps? – and who are these unnamed ‘people who are genuinely expert on the subject’? White didn’t say. The Foreign Policy link was, inevitably, to an article by one Eliot Higgins. So in less than 60 minutes, White had gone from saying Hersh ‘is a man to take seriously’ to dismissing him on the basis of being ‘discredited’ by a blogger whose output conforms to Western governments’ propaganda.

Finally, in his Democracy Now!  interview, Hersh notes how easy it is for powerful leaders like Obama to go unchallenged:

‘you can create a narrative, which he did, and you know the mainstream press is going to carry out that narrative.’

He continued:

‘I mean, it’s almost impossible for some of the mainstream newspapers, who have consistently supported the administration. This is after we had the WMD scandal, when everybody wanted to be on the team. It turns out our job, as newspaper people, is not to be on the team. […] It’s just not so hard to hold the people in office to the highest standard. And the press should be doing it more and more.’

The fact that Hersh’s revelations have been met by an almost total silence in the corporate media is stunning but sadly unsurprising. After all, this is simply the standard performance by ‘mainstream’ news media that have demonstrated decades of adherence to state-corporate power. That this is still happening after the horrendous war crime of Iraq, which was facilitated by intense media boosting of Western propaganda claims, is utterly shameful.

SUGGESTED ACTION

The goal of Media Lens is to promote rationality, compassion and respect for others. If you do write to journalists, we strongly urge you to maintain a polite, non-aggressive and non-abusive tone.

Write to:

Alan Rusbridger, Guardian editor
Email: alan.rusbridger@guardian.co.uk
Twitter: @arusbridger

Amol Rajan, Independent editor
Email: a.rajan@independent.co.uk
Twitter: @amolrajan

Jon Snow, Channel 4 News
Email: jon.snow@itn.co.uk
Twitter: @jonsnowC4

Please blind-copy us in on any exchanges or forward them to us later at:
editor@medialens.org

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| Dissent: Mandela eulogies reinvent his disturbing legacy!

Mandela Eulogies – Reinventing His Disturbing Legacy ~ Stephen Lendman. 

Mainstream praise is virtually unanimous. It ignores reality. It got short shrift. It reinvents Mandela’s disturbing legacy. It turned a Thatcherite into a saint. A previous article discussed it.

Editorials, commentaries, and feature articles read like bad fiction. Tributes are overwhelming. They reflect coverup and denial.

The true measure of Mandela is hidden from sight. It’s willfully ignored. Illusion replaced it.

Obama issued a disingenuous statement. He called Mandela “a man who took history in his hand, and bent the arc of the moral universe toward justice.”

“We will not likely see the likes of Nelson Mandela again.”

They infest world governments. They run America. They inflict enormous harm. Mandela exceeded the worst of South African apartheid injustice. He deserves condemnation, not praise.

White supremacy remains entrenched. Extreme poverty, unemployment, homelessness, hunger, malnutrition, and lack of basic services for black South Africans are at shockingly high levels. They’re much worse than under apartheid.

Mandela embraced the worst of neoliberal harshness. His successors followed the same model. They still do.

They’re stooges for predatory capitalist injustice. They’re figureheads. They enforce white supremacist dominance. They betray their own people in the process.

Black South Africans are some of the world’s most long-suffering deprived people anywhere. They suffer out of sight and mind.

Mandela could have changed things. He never tried. He didn’t care. He sold out to wealth, power and privileged interests. He did so shamelessly. His life ended unapologetically.

South African conditions today remain deplorable. Neoliberal harshness works this way. Business as usual is policy. Disadvantaged millions are ruthlessly exploited.

Privileged interests alone are served. Doing so reflects financial, economic and political terrorism. It’s commonplace globally. It infects Western societies. It plagues South Africa.

Injustice is deep-seated. It’s nightmarish in South Africa. Mandela’s legacy reflects the worst of all possible worlds short of war, mass slaughter and destruction.

Free market mumbo jumbo inflicts enormous pain and suffering. It empowers corporate interests. It benefits privileged elites. It does so at the expense of deprived millions.

Ordinary people don’t matter. They suffer out of sight and mind. They do so horrifically in South Africa. Major media ignore it. Mandela praise continues.

Former New York Times executive editor Bill Keller headlined “Nelson Mandela, South Africa’s Liberator as Prisoner and President, Dies at 95.”

Mandela was more enslaver than liberator. Not according to Keller. He called him “an international emblem of dignity and forbearance.”

He symbolized injustice. Keller called him “a capable statesman, comfortable with compromise and impatient with the doctrinaire.” He ignored the enormous harm he caused. He turned truth on its head doing so.

Washington Post editors headlined “Nelson Mandela brought the world toward a racial reconciliation.”

They called Gandhi, King and Mandela transformative figures. They “helped create a new ethic through the power of their ideas and the example of their lives,” they said.

Gandhi and King deserve praise. Mandela deserves condemnation. Not according to WaPo editors.

“Mandela,” they said, “dismantl(ed) the strong web of racist ideas, with which certain Western thinkers had sought for more than a century to rationalize the subjugation of others through colonialism, segregation and disenfranchisement.”

Mandela continued the worst of these practices. Black South African suffering deepened on his watch. He did nothing to relieve it.

He’s gone, said WaPo editors. It’s “more important than ever – in a century marked so far by frightening eruptions of terror and religious intolerance – to keep before the world the name and example of Nelson Mandela.”

Doing so requires explaining facts, not fiction. It involves stripping away false illusions. It demands telling it like it is fully, accurately, impartially and dispassionately.

Wall Street Journal editors headlined “Nelson Mandela.” They called him a “would-be Lenin who became Africa’s Vaclav Havel.”

He was no Lenin. He defended capital’s divine right. He did it at the expense of social justice. He’s no candidate for sainthood.

Journal editors perhaps think otherwise. They called him an “all too rare example of a wise revolutionary leader.”

“Age mellowed him…He walked out of jail an African Havel…He opened up (South Africa’s) economy to the world, and a black middle class came to life,” they said.

Fact check

He sold out to powerful white interests. Apartheid didn’t die. It flourishes. Mandela deepened the scourge of injustice.

No black middle class exists. A select few share wealth, power and privilege. The vast majority of black society is much worse off than under apartheid.

Don’t expect Journal editors to explain. They called the “continent and world fortunate to have” Mandela. Neoliberal ideologues think this way.

Chicago Tribune editors headlined “Nelson Mandela, conscience of the world,” saying:

He “was more than just a symbol. His name was a clarion call for people across the globe in their struggles against oppression.”

“He personified the triumph of nearly unimaginable perseverance over nearly unimaginable tribulation.”

“His top priority was to oversee the creation of a new constitution, guaranteeing equality for all.”

“He also brought together disparate elements of the country, black and white, to address the grinding poverty and homelessness that afflicted his country.”

If one person could be called the conscience of the world, it would be Nelson Mandela.”

“The best way for us to truly honor his life, his suffering, and his memory is to uphold the values he embodied and fight the injustices he forced the world to confront. His inspiration is universal, his legacy timeless.”

Fundamental journalistic ethics require truth, full disclosure, integrity, fairness, impartiality, independence and accountability.

Tribune editors ignore these fundamental principles. So do their mainstream counterparts.

Los Angeles Times editors headlined “South Africa after Mandela.” They called him “one of the towering figures of the 20th century.”

“(H)e was revered around the globe for his vision and courage, and for the enormous personal sacrifices he made to right the wrongs that plagued his country,” they said.

LA Times editors reinvented history like their counterparts. It didn’t surprise.

Boston Globe editors headlined “Nelson Mandela, 1918-2013: A rare vision of magnanimity,” saying:

His “remarkable vision of leadership (helped) overturn South Africa’s vicious apartheid regime.”

He “was a pillar of grace, magnanimity, and restraint in victory.”

“His stable hand helped maintain (South Africa’s) status as a top economic engine on the African continent.”

He “proved that progress was possible.”

Privileged whites during his tenure benefitted hugely. Black society suffered horrifically. It still does. Mandela’s no hero. Don’t expect Globe editors to explain.

Major media editors turn truth on its head. They do it consistently. They do it repeatedly. Countless editorials and commentaries praised Mandela. They proliferate like crab grass. They’re still coming.

Headlines below reflect common sentiment:

“Nelson Mandela: a leader above all others”

“Nelson Mandela’s place in history.”

“Nelson Mandela, rest in peace”

“Nelson Mandela: Farewell to a visionary leader”

“Freedom is Nelson Mandela’s legacy”

“Nelson Mandela, historic icon of peaceful equality”

“Mandela, a moral force for the ages”

“Mandela, the transcendent ‘South African Moses’ “

It’s hard choosing which one is worst. Mandela was more pied piper of Hamelin than Moses. He was no patron saint of impoverished, oppressed and deprived South African blacks.

He sold out to power and privilege. His legacy reflects the worst of neoliberal harshness. Conditions during his tenure exceeded apartheid’s dark side.

They’re worse today. Inequality is institutionalized. So is apartheid. Democracy is more illusion than reality.

Black stooges serve white supremacist interests. Fundamental human and civil rights don’t matter. Corporate interests count most.

Government of, by, and for everyone equitably is nowhere in sight. Don’t expect scoundrel media editors to explain.

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| Drone known unkowns – no thanks Obama!

6 Months After Obama Promised to Divulge More on Drones, Here’s What We Still Don’t Know ~ Cora CurrierProPublica.

Nearly six months ago, President Obama promised more transparency and tighter policies around targeted killings. In a speech, Obama vowed that the U.S. would only use force against a “continuing and imminent threat to the American people.” It would fire only when there was “near-certainty” civilians would not be killed or injured, and when capture was not feasible.

The number of drone strikes has dropped this year, but they’ve continued to make headlines. On Friday, a U.S. drone killed the head of the Pakistani Taliban. A few days earlier came the first drone strike in Somalia in nearly two years. How much has changed since the president’s speech?

We don’t know the U.S. count of civilian deaths

The administration says that it has a count of civilian deaths, and that there is a “wide gap” between U.S. and independent figures. But the administration won’t release its own figures.

Outside estimates of total civilian deaths since 2002 range from just over 200 to more than 1,000.  The Pakistani government has given three different numbers: 400, 147, and 67.

McClatchy and the Washington Post obtained intelligence documents showing that for long stretches of time, the CIA estimated few or no civilian deaths. The documents also confirmed the use of signature strikes, in which the U.S. targets people without knowing their identity. The CIA categorized many of those killed as simply “other militants” or “foreign fighters.” The Post wrote that the agency sometimes designated “militants” with what seemed like circumstantial or vague evidence, such as “men who were ‘probably’ involved in cross-border attacks” in Afghanistan.

The administration reportedly curtailed signature strikes this year, though the new guidelines don’t necessarily preclude them. A White House factsheet released around Obama’s speech said that “it is not the case that all military-aged males in the vicinity of a target are deemed to be combatants.” It did not say that people must be identified. (In any case, the U.S. has not officially acknowledged the policy of signature strikes.)

Attorney General Eric Holder confirmed only that four Americans have been killed by drone strikes since 2009: Anwar al Awlaki and his sixteen-year-old son, Abdulrahman,Samir Khan, and Jude Kenan Mohammed. Holder said that only the elder Awlaki was “specifically targeted,” but did not explain how the others came to be killed.

Although Obama said that this disclosure was intended to “facilitate transparency and debate,” since then, the administration has not commented on specific allegations of civilian deaths.

We don’t know exactly who can be targeted

The list of groups that the military considers “associated forces” of Al Qaeda is classified. The administration has declared that it targets members of Al Qaeda in the Arabian Peninsula, and “elements of Al Shabaab, but there are still questions about how the U.S. determines that an individual belonging to those groups is in fact a “continuing and imminent threat.” (After the terror alarm that led to the closing of U.S. embassies this summer, officials told the New York Times they had “expanded the scope of people [they] could go after” in Yemen.)

This ties into the debate over civilian casualties: The government would seem to consider some people legitimate targets that others don’t.

Amnesty International and Human Rights Watch conducted in-depth studies of particular strikes in Pakistan and Yemen, respectively. They include eyewitness reports of civilian deaths. (Most of the deaths investigated happened before the Obama administration’s new policies were announced, although the administration has not said when those guidelines went into effect.) The reports also raised questions of the legality of specificstrikes, questioning whether the deaths were all unavoidable casualties of legitimate attacks.

It does not appear that the U.S. plans to expand strikes against Al Qaeda to other countries – officials have reportedly told Iraq, for example, it won’t send drones there. But the U.S. has established a surveillance drone base in Niger, and fed information from drones to French forces fighting in Mali.

We don’t know if the U.S. compensates civilian casualties

CIA director John Brennan suggested during his confirmation hearing that the U.S. madecondolence payments to harmed families. But there is little evidence of it happening. U.S. Central Command told ProPublica that it had 33 pages related to condolence payments – but wouldn’t release any of them to us.

We don’t always know which strikes are American

While unnamed officials sometimes confirm that strikes came from U.S. drones, other attacks may be from PakistaniYemeni, or even Saudi planes.

(It’s also worth noting that the U.S. has also used cruise missiles and Special Forces raids. But the bulk of U.S. counterterrorism actions outside Afghanistan in recent years appear to rely on drones.)

We don’t know the precise legal rationale behind the strikes

Some members of Congress have seen the legal memos behind targeted killing of U.S. citizens. But lawmakers were not granted access to all memos on the program.

Other congressmen have introduced bills with more reporting requirements for targeted killings. (Proposals for a “drone court” for oversight have not gotten very far.)

It’s far from clear that any of that additional oversight would lead to public disclosure.

The government and the American Civil Liberties Union and the New York Times arestill locked in court battles over requests for drone documents. While a judge has ruled the CIA can no longer assert the “fiction” that it can’t reveal if it has any interest in drones, the agency hasn’t been compelled to release any information yet. The government has also so far fought off disclosure of legal memos underpinning targeted killings.

 

And here are some things we’ve learned through leaks and independent reporting:

How the U.S. tracks targets: Documents provided by Edward Snowden to the Washington Post detailed the NSA’s “extensive involvement.” Lawyers in a terrorism-related case also uncovered reports that government surveillance of their client may have led to a drone strike in Somalia. The Atlantic published a detailed account of Yemen using a child to plant a tracking chip on a man who was killed in a U.S. strike.

What people in the countries affected think: The Pakistani government’s cooperation with at least some U.S. drone strikes – long an open secret – has now been well-documented. Public sentiment in the country is vividly anti-drone, even when violent Taliban commanders are killed, and politicians continue to denounce them as American interference. Limited polling in the region most affected by drones is contradictory, with some saying that at the very least, they prefer drones to the Pakistani military campaigns. Life in those areas is between a drone and a hard place: Residents told Amnesty International of the psychological toll from drones, and they also facereprisals from militants who accuse them of spying.

Yemen’s president continues to openly embrace U.S. strikes, though the public generally opposes them – particularly those strikes that hit lower-level fighters, or those whose affiliations with Al Qaeda aren’t clear. Foreign Policy recently detailed the aftermath of an August strike where two teenagers died. Their family disputes they had any link to terrorism.

The physical infrastructure: More of the network of drone bases across the world has been revealed – from the unmasking of a secret base in Saudi Arabia to the fact that drones had to be moved off the U.S. base in Djibouti, in the Horn of Africa, after crashes and fear of collision with passenger planes.

The CIA’s role: The administration had reportedly planned to scale back the CIA’s role in targeted killing, moving control of much of the drone program to the military. But the CIA reportedly still handles strikes in Pakistan and has a role in Yemen as well.

The history of the programs: Revelations continue to change our understanding of the contours of the drone war, but two books published this year offer comprehensive accounts – The Way of the Knife, by Mark Mazzetti of the New York Times, and Dirty Wars, by Jeremy Scahill.

A Scan Eagle unmanned aerial vehicle sits on the flight deck of the USS Gunston Hall in February 2012. (U.S. Navy photo by Seaman Lauren Randall/Released)

________________________________________________________________________

DroneEerie1

hypocrisy meterC

| US poverty – Americans deserve better: LEFT WITH NOTHING!

LEFT WITH NOTHING. ~  Michael SallahDebbie Cenziper, Steven Rich, The Washington Post.

This man owed $134 in property taxes. The District sold the lien to an investor who foreclosed on his $197,000house and sold it. He and many others homeowners like him were

 

LEFT WITH NOTHING.

 

Written by Michael Sallah, Debbie Cenziper, Steven Rich
Graphics by Ted Mellnik, Emily Chow, Laura Stanton
Photos by Michael S. Williamson
Published on September 8, 2013

On the day Bennie Coleman lost his house, the day armed U.S. marshals came to his door and ordered him off the property, he slumped in a folding chair across the street and watched the vestiges of his 76 years hauled to the curb.

Movers carted out his easy chair, his clothes, his television. Next came the things that were closest to his heart: his Marine Corps medals and photographs of his dead wife, Martha. The duplex in Northeast Washington that Coleman bought with cash two decades earlier was emptied and shuttered. By sundown, he had nowhere to go.

All because he didn’t pay a $134 property tax bill.

HOMES FOR THE TAKING:
LIENS, LOSS AND PROFITEERS — Part 1 of 3

 

Part 2 — As federal agents investigated a sweeping bid-rigging scheme at Maryland’s tax auctions, some of those same suspects were in the District, engaging in dozens of rounds of unusual bidding. Coming Monday.

Part 3 — District tax officials have made hundreds of mistakes in recent years by declaring property owners delinquent even after they paid their taxes, forcing them to fight for their homes. Coming Tuesday.

 

The retired Marine sergeant lost his house on that summer day two years ago through a tax lien sale — an obscure program run by D.C. government that enlists private investors to help the city recover unpaid taxes.

For decades, the District placed liens on properties when homeowners failed to pay their bills, then sold those liens at public auctions to mom-and-pop investors who drew a profit by charging owners interest on top of the tax debt until the money was repaid.

But under the watch of local leaders, the program has morphed into a predatory system of debt collection for well-financed, out-of-town companies that turned $500 delinquencies into $5,000 debts — then foreclosed on homes when families couldn’t pay, a Washington Post investigation found.

As the housing market soared, the investors scooped up liens in every corner of the city, then started charging homeowners thousands in legal fees and other costs that far exceeded their original tax bills, with rates for attorneys reaching $450 an hour.

How you could lose your home

Property owners in the District risk losing their homes over relatively small amounts in unpaid property taxes. Here’s a look at the process:

 

If you don’t pay your taxes, the District sells a lien for the tax debt to an investor, usually a company. The investor gets a lien.

 

$2,500

The typical lien amount, just a fraction of the property’s value

13,000

Tax liens the District has sold from 2005 to 2012

Note: The District no longer sells tax liens on houses for delinquent tax bills under $1,000. Lien amounts include property taxes, penalties and interest. The District doesn’t track legal fees charged to homeowners. The estimates of legal fees is besed on a Post study of more than 200 cases. The foreclosure and court cases are through mid-2013.

Source: Data from D.C. Office of Tax and Revenue and D.C. Superior Court

Families have been forced to borrow or strike payment plans to save their homes.

Others weren’t as lucky. Tax lien purchasers have foreclosed on nearly 200 houses since 2005 and are now pressing to take 1,200 more, many owned free and clear by families for generations.

Investors also took storefronts, parking lots and vacant land — about 500 properties in all, or an average of one a week. In dozens of cases, the liens were less than $500.

Coleman, struggling with dementia, was among those who lost a home. His debt had snowballed to $4,999 — 37 times the original tax bill. Not only did he lose his $197,000 house, but he also was stripped of the equity because tax lien purchasers are entitled to everything, trumping even mortgage companies.

“This is destroying lives,” said Christopher Leinberger, a distinguished scholar and research professor of urban real estate at George Washington University.

Officials at the D.C. Office of Tax and Revenue said that without tax sales, property owners wouldn’t feel compelled to pay their bills.

“The tax sale is the last resort. It’s also the first resort — it’s the only way in the statute to collect debt,” said deputy chief financial officer Stephen Cordi.

But the District, a hotbed for the tax lien industry, has done little to shield its most vulnerable homeowners from unscrupulous operators.

Foreclosures have upended families in some of the city’s most distressed neighborhoods. Houses were taken from a housekeeper, a department store clerk, a seamstress and even the estates of dead people. The hardest hit: elderly homeowners, who were often sick or dying when tax lien purchasers seized their houses.

One 65-year-old flower shop owner lost his Northwest Washington home of 40 years after a company from Florida paid his back taxes — $1,025 — and then took the house through foreclosure while he was in hospice, dying of cancer. A 95-year-old church choir leader lost her family home to a Maryland investor over a tax debt of $44.79 while she was struggling with Alzheimer’s in a nursing home.

Other cities and states took steps to curb abuses, such as capping the fees, safeguarding houses owned by the elderly or scrapping tax sales altogether and instead collecting the money themselves.

“Where is the justice? They’re taking people’s lives,” said Beverly Smalls, whose elderly aunt lost her home in Northeast Washington. “It’s just not right.”

In a 10-month investigation, The Post chronicled years of breakdowns and abuses in a program that puts at risk one of the most fundamental possessions in American life.

  • Of the nearly 200 homeowners who lost their properties in recent years, one in three had liens of less than $1,000.
  • More than half of the foreclosures were in the city’s two poorest wards, 7 and 8, where dozens of owners were forced to leave their homes just months before purchasers sold them. One foreclosed on a brick house near the Maryland border with a $287 lien and sold it less than eight weeks later for $129,000.
  • More than 40 houses were taken by companies whose representatives were caught breaking laws in other states to win liens.
  • Instead of stepping in, the D.C. tax office created more problems by selling nearly 1,900 liens by mistake in the past six years — even after owners paid their taxes — forcing unsuspecting families into legal battles that have lasted for years. One 64-year-old woman spent two years fighting to save her home in Northwest after the tax office erroneously charged her $8.61 in interest.

Stephen Cordi, with the D.C. tax office, said the agency has improved the program, including giving more frequent notice to homeowners before liens are imposed. (Lois Raimondo / The Washington Post)

Every Wednesday, homeowners plead their cases at D.C. Superior Court, where they are pitted against industry lawyers who have filed for more than 7,000 foreclosure cases in the past eight years alone. Families pace the hallways waiting for their names to be called in last-ditch efforts to rescue their homes.

“This is highway robbery,” said Brenda Adjetey, who showed up in court last week to protect her home in Southeast Washington after her $1,100 tax bill nearly quadrupled because of legal fees charged by the investor.

Tax lien purchasers defend the industry, saying that most people who buy liens are local investors just trying to earn interest — not take homes — and that the law gives owners six months to repay their debts before a foreclosure case can be filed.

“This is an opportunity to make some money, but it is also an opportunity for the city to get paid and to help its citizens,” said Richard Cockerill, a veteran bidder from Virginia.

In a written statement, the tax office added, “Property owners are given multiple opportunities to pay both before and after the tax sale.”

Officials also said the tax office has made improvements to the program in recent years, including additional warnings to homeowners before liens are sold, and the office recently stopped selling liens on houses for less than $1,000.

But officials acknowledge that limit was set to manage the caseload and is not a permanent policy change.

At a public hearing this past October, housing advocates presented a list of reforms to the D.C. Council, including capping the fees charged by purchasers and offering payment plans to struggling homeowners. But the changes were never made.

“That’s a failure on the part of government,” said Stephen Fuller, director of the Center for Regional Analysis at George Mason University. “This has punitive consequences. People have been damaged.”

Outsiders come to buy liens

Thomas McRae ran a flower shop on the first floor in this house on Sherman Avenue NW. But a tax lien investor from Florida foreclosed while McRae was under hospice care.

Liens are generally sold the year after a homeowner fails to pay a tax bill, for the same amount as the debt. Homeowners receive several warnings before their liens are put up at annual auctions.

Once a lien is sold, owners have six months to repay the investor with interest. If that does not happen, the investor can move to foreclose.

For years, the auctions came and went with little fanfare, drawing local investors who would plunk down a few hundred dollars to buy up liens in neighborhoods they knew well. Most were looking to earn the interest, and if there was a foreclosure, it was handled by the tax office.

But the work overwhelmed the agency, and in 2001, city leaders made a critical change: They told investors to head directly to court to file a foreclosure case.

The move empowered investors to start charging legal fees and court costs — a game changer that allowed them to turn minor delinquencies into insurmountable debts.

Companies from Florida, Illinois, Maryland and New York came to town, prepared to spend millions.

In 2007, more than 150 purchasers spent five days competing for 2,000 liens, first on properties downtown near the Capitol, then Georgetown, followed by Dupont Circle, Chinatown and finally the neighborhoods near the Anacostia River, long stricken by poverty.

Where tax lien foreclosures occur in the District

Dots on the map show foreclosures that followed tax liens since 2005, and the shading represents number of pending foreclosure cases.

Minorities are hit the hardest

72%

of pending foreclosures are in neighborhoods where less than 20% of the population is white.

Areas with the most pending foreclosures

 149

Deanwood, Burrville, Grant Park, Lincoln Heights, Fairmont Heights

 141

Congress Heights, Bellevue, Washington Highlands

Foreclosures since 2005

  •  Residential
  •  Vacant
  •  Commercial and other

Pending foreclosures

42050100+

Search for an address or neighborhood

Congress Heights, Bellevue, Washington HighlandsDouglas, Shipley TerraceWoodland/Fort Stanton, Garfield Heights, Knox HillNear Southeast, Navy YardSouthwest Employment Area, Southwest/Waterfront, Fort McNair, Buzzard PointCapitol View, Marshall Heights, Benning HeightsRiver Terrace, Benning, Greenway, Dupont ParkDowntown, Chinatown, Penn Quarters, Mount Vernon Square, North Capitol StreetWest End, Foggy Bottom, GWUMayfair, Hillbrook, Mahaning HeightsDeanwood, Burrville, Grant Park, Lincoln Heights, Fairmont HeightsShaw, Logan CircleEastland Gardens, KenilworthIvy City, Arboretum, Trinidad, Carver LangstonGeorgetown, Burleith/HillandaleDupont Circle, Connecticut Avenue/K StreetHoward University, Le Droit Park, Cardozo/ShawKalorama Heights, Adams Morgan, Lanier HeightsEdgewood, Bloomingdale, Truxton Circle, EckingtonColumbia Heights, Mt. Pleasant, Pleasant Plains, Park ViewBrookland, Brentwood, LangdonWoodridge, Fort Lincoln, GatewayCathedral Heights, McLean Gardens, Glover ParkCleveland Park, Woodley Park, Massachusetts Avenue Heights, Woodland-Normanstone TerraceNorth Michigan Park, Michigan Park, University HeightsBrightwood Park, Crestwood, PetworthLamont Riggs, Queens Chapel, Fort Totten, Pleasant HillTakoma, Brightwood, Manor ParkHawthorne, Barnaby Woods, Chevy ChaseHistoric AnacostiaFairfax Village, Naylor Gardens, Hillcrest, Summit ParkSheridan, Barry Farm, Buena VistaTwining, Fairlawn, Randle Highlands, Penn Branch, Fort Davis Park, Fort DupontUnion Station, Stanton Park, Kingman ParkCapitol Hill, Lincoln ParkSpring Valley, Palisades, Wesley Heights, Foxhall Crescent, Foxhall Village, Georgetown ReservoirNorth Cleveland Park, Forest Hills, Van NessFriendship Heights, American University Park, TenleytownColonial Village, Shepherd Park, North Portal Estates

GO

In the District of Columbia:

509

foreclosures since 2005

1,598

open cases in court

Of the 1,598 open foreclosure cases in court, 1,184 are residential; 201 are vacant; and 213 are categorized as other.

Source: Post analysis of data from D.C. Superior Court, D.C. Recorder of Deeds, U.S. Census.

When it was over, just six companies had swept the bidding, snaring two-thirds of the liens, which totaled $5 million, on properties worth more than $666 million.

One of those purchasers was under federal investigation at the time for rigging tax auctions in Maryland, where he was suspected of scheming to win liens — then demanding excessive fees from homeowners. Lawyers for a second firm would also come under investigation in the same case.

Their companies and others bought into every ward of the District in 2007, including Deanwood, one of the city’s oldest predominantly African American neighborhoods. On long stretches of Dix Street, where the recession hit hard and lingered, 33 liens were sold between 2005 and 2008, on properties scattered amid food banks and “Cash 4 Gold” signs.

Across the city, the rate of foreclosure cases has nearly doubled in the past five years — in a single week in January, tax lien companies filed more than 180 cases. Of the 13,000 liens sold since 2005, more than half have ended up in court.

Your insight
Should D.C. offer protections for people who can’t pay their taxes, including elderly, disabled or low-income residents? Explain.
See responses
Add a comment

With no caps on fees, families have paid a steep price, facing bills for legal fees and court costs often more than triple their original tax debts, The Post found. Rates for the attorneys hired by the tax lien companies have reached $450 an hour.

Even the smallest expenses have been passed on — including the paper that ordered property owners to court at 25 cents per page. One attorney billed for preparing the bill itself — $25.

Time and again, the bills came without receipts or breakdowns justifying the costs.

“I just don’t know what he’s trying to charge me for,” said longtime community activist Barbara Morgan, 80, standing outside the courtroom earlier this year with a $2,700 legal bill that doubled the tax debt on her home of 50 years. “It’s ridiculous.”

Local judges have taken purchasers to task. One was so critical of the fees charged by Aeon Financial of Chicago, he slashed them in half last year. Aeon wanted $6,300 in fees for a $1,680 tax lien.

A senior attorney billed at $450 an hour. A junior attorney charged $325. Legal assistants tacked on $110 an hour. Plus, there was $800 in expenses, including $27.60 for “dismissal costs.”

“Unreasonable,” Judge Joseph E. Beshouri said in his ruling.

In 2009, D.C. Attorney General Peter J. Nickles also stepped in, seeking an injunction against Aeon over fees that he called “unlawful” and “predatory.”

“Aeon’s excessive attorney’s fee demands are likely to result in at least some homeowners not being able to redeem homes,” according to the motion.

In one case, Steve Segears, who lives in the house his father bought after World War II, was charged $5,500 in fees by Aeon, nearly double his $2,900 tax bill.

“Enough is enough,” Michael J. Wilson, Segears’s attorney, wrote to the court. “The Aeon juggernaut keeps rolling along by demanding payment of unreasonable and extortionate attorneys’ fees and other alleged expenses, including those which have not actually been ‘incurred.’ ”

Aeon did not respond to repeated calls and letters seeking comment.

Other places acknowledged abuses years ago and took steps to guard against them. New York City won’t allow tax liens to be sold on homes owned by low-income seniors and the disabled, as well as veterans. Some counties in Michigan have scrapped tax lien sales altogether and collect the money themselves. Maryland, fearing that taxpayers were being gouged, limits the legal fees to $1,500.

Most homeowners are in no position to fight and rely on the government to protect them from unfair practices, said Howard Liggett, former director of the National Tax Lien Association, who has spoken out nationally against excessive fees.

But D.C. leaders have not provided key protections, including caps on fees.

“It’s embarrassing,” said Liggett, who is familiar with the District’s tax auctions and bidders. “You’re always going to have unscrupulous [investors]. You’ve got to self-police.”

Long battles over bills

Coleman walks to the store with his neighbor, Patricia Johnson. The retired veteran bought his duplex in Northeast Washington for $57,500 with life insurance money that he received when his wife died of breast cancer.

Threatened with mounting fees, some families simply gave up. In court files and interviews, they described large bills and long battles with lawyers while interest grew on their tax debts.

“We just didn’t have the money to fight these people,” said Michael McRae, who tried unsuccessfully to save his brother’s house from a tax-lien firm from Florida.

In the past eight years, investors have foreclosed on a condominium just a few blocks from the U.S. Capitol and another just down the street from the Embassy of Peru, a single-family home near Rock Creek Park and dozens of houses in poor neighborhoods along the Anacostia River.

The Post found investors have taken nearly 200 homes since 2005, assessed at $39 million. They sold most of them, sometimes within weeks, after paying off any back taxes or city fines.

Your insight
Should D.C. stop selling tax liens to private investors and instead collect the money itself? Why?
See responses
Add a comment

One of the most aggressive investors was Heartwood, whose lawyers were investigated and disbarred as a result of Maryland’s criminal bid-rigging case. Formerly a subsidiary of Florida’s BankAtlantic Bancorp, Heartwood has taken more than 20 houses through foreclosure and sold them all, including a brick duplex in Northeast Washington with a $535 lien for $169,610.

One of the houses was owned by Michael McRae’s brother, Thomas, a flower-shop owner, who was in and out of a coma and under hospice care while Heartwood was pressing to take his house over what began as a $1,025 tax debt. Thomas McRae died in June 2006 — three months after a judge approved the foreclosure.

Family members found out and fought back, saying no one told them about the lien or foreclosure.

Heartwood eventually paid the family $80,000 to settle the case and quickly sold the brick house on a bustling corner of Sherman Avenue NW for $175,000. Longtime neighbors still recall how Thomas McRae had filled the sidewalk with flowers.

“We’re just regular people, and we don’t have $200,000 to fight a big organization from Florida,” his brother said.

In a written statement, the tax office said the $1,025 tax bill was “not a small debt.” A spokesperson for Heartwood declined to discuss the foreclosure cases but said the company is no longer buying tax liens in the District and Maryland.

Bennie Coleman was ousted from his house two years ago in a flurry of foreclosures that swept the poor neighborhoods of Ward 7.

The retired Vietnam veteran bought the tidy brick duplex in Northeast for $57,500 with life insurance money that he received when his wife died of breast cancer in 1988.

Known in his working-class neighborhood as “Tops,” he spent two decades in the house without a mortgage. But in recent years, Coleman began showing signs of dementia — he would forget to pay bills or buy food. His next-door neighbor would often bring him plates of chicken and carrots.

In 2006, he forgot to pay a $134 tax bill, prompting the city to place a lien on the home and add $183 in interest and penalties. His son paid the $317 bill in 2009, records show, but that wasn’t enough.

The Maryland company that had bought the lien had already gone to court to put a foreclosure in motion. To lift the lien, the company’s lawyer was demanding steep legal fees and expenses— $4,999.

The letter

Bennie Coleman’s son wrote to the court in 2008 for help.

Click on the image to read the letter.

Coleman’s son couldn’t pay and wrote to the court for help: “I would hate for him at his age to lose his home.” One payment was made for $700 in 2009, but when no additional payments followed, the court approved the foreclosure in June 2010.

His son couldn’t be reached for comment. In the summer of 2011, federal marshals showed up at the door when Coleman refused to leave.

“He had no clue what was going on,” said neighbor Patricia Johnson. “I went over and told my mom, ‘Looks like they are going to get Tops out.’ ”

That night, he slept in a chair on the front porch.

The court later appointed a conservator, who told The Post that Coleman was incapable of responding to the emergency unfolding in his life, including showing up in court to fight for his house.

“He had no chance,” said attorney Robert Bunn. “He has dementia. He did not understand the ramifications of what was going to happen to him.”

On an overcast morning earlier this year, Coleman walked past his old house on the way to the corner store. But he said he could not look at it — the memories were too painful.

The Maryland company that took Coleman’s house sold it for $71,000 two months after evicting him. The company was owned by Steven Berman, who was convicted in 2008 in the Maryland bid-rigging case. He declined to comment. The law firm for Berman’s company said it was willing to reduce Coleman’s bill to $3,500 but could not reach him.

The tax office would not comment on the case, saying only that the lien would “not have been sold if the tax sale were today” because it was less than $1,000, the agency’s current threshold.

Coleman said he thought he would stay in his house for many more years, sipping cold drinks on the porch and talking to neighbors over the fence. Now, he’s in a group home one mile from the home that is no longer his.

On an overcast morning earlier this year, he walked past the old house, now boarded up, on the way to the corner store to buy margarine and a bag of sugar. He looked back briefly, then turned away.

“I have nothing,” he said.

Jennifer Jenkins, Ted Mellnik and Timothy R. Smith contributed to this report.

About this story

 

The Washington Post spent 10 months examining the District’s tax lien program, which has been used by the city to recover unpaid property taxes for more than 100 years.

Reporters began by examining every lien sold on properties since 2005 — 13,000 in all. About half were lifted after property owners paid their back taxes, plus interest. The rest turned into foreclosure cases, most often affecting homes in the poorest neighborhoods of the city.

Through a computer analysis, the newspaper found about 1,200 active foreclosure cases on houses, plus hundreds more affecting land, storefronts and commercial buildings.

To find the nearly 200 homes ultimately taken by investors, reporters manually combed through thousands of property records at the D.C. Recorder of Deeds and the District’s Real Property Assessment Database.

The Post also studied how much tax lien purchasers charged homeowners after they moved to foreclose in court, obtaining more than 200 fee statements from court cases, families, lawyers and housing advocates.

________________________________________________________________________

 

| Snowden: UK government now leaking documents about itself!

Snowden: UK government now leaking documents about itself ~ theguardian.com.

The NSA whistleblower says: ‘I have never spoken with, worked with, or provided any journalistic materials to the Independent.’

GCHQ

GCHQ‘s headquarters on the outskirts of Cheltenham. Photograph: Barry Batchelor/PA

(Updated below)

The Independent this morning published an article – which it repeatedly claims comes from “documents obtained from the NSA by Edward Snowden” – disclosing that “Britain runs a secret internet-monitoring station in the Middle East to intercept and process vast quantities of emails, telephone calls and web traffic on behalf of Western intelligence agencies.” This is the first time the Independent has published any revelations purportedly from the NSA documents, and it’s the type of disclosure which journalists working directly with NSA whistleblower Edward Snowden have thus far avoided.

That leads to the obvious question: who is the source for this disclosure? Snowden this morning said he wants it to be clear that he was not the source for the Independent, stating:

I have never spoken with, worked with, or provided any journalistic materials to the Independent. The journalists I have worked with have, at my request, been judicious and careful in ensuring that the only things disclosed are what the public should know but that does not place any person in danger. People at all levels of society up to and including the President of the United States have recognized the contribution of these careful disclosures to a necessary public debate, and we are proud of this record.

“It appears that the UK government is now seeking to create an appearance that the Guardian and Washington Post’s disclosures are harmful, and they are doing so by intentionally leaking harmful information to The Independent and attributing it to others. The UK government should explain the reasoning behind this decision to disclose information that, were it released by a private citizen, they would argue is a criminal act.”

In other words: right as there is a major scandal over the UK’s abusive and lawless exploitation of its Terrorism Act – with public opinion against the use of the Terrorism law to detain David Miranda – and right as the UK government is trying to tell a court that there are serious dangers to the public safety from these documents, there suddenly appears exactly the type of disclosure the UK government wants but that has never happened before. That is why Snowden is making clear: despite the Independent’s attempt to make it appears that it is so, he is not their source for that disclosure. Who, then, is?

The US government itself has constantly used this tactic: aggressively targeting those who disclose embarrassing or incriminating information about the government in the name of protecting the sanctity of classified information, while simultaneously leaking classified information prolifically when doing so advances their political interests.

One other matter about the Independent article: it strongly suggests that there is some agreement in place to restrict the Guardian’s ongoing reporting about the NSA documents. Speaking for myself, let me make one thing clear: I’m not aware of, nor subject to, any agreement that imposes any limitations of any kind on the reporting that I am doing on these documents. I would never agree to any such limitations. As I’ve made repeatedly clear, bullying tactics of the kind we saw this week will not deter my reporting or the reporting of those I’m working with in any way. I’m working hard on numerous new and significant NSA stories and intend to publish them the moment they are ready.

Related question

For those in the media and elsewhere arguing that the possession and transport of classified information is a crime: does that mean you believe that not only Daniel Ellsberg committed a felony, but also the New York Times reporters and editors did when they received, possessed, copied, transported and published the thousands of pages of top-secret documents known as the Pentagon Papers?

Do you also believe the Washington Post committed felonies when receiving and then publishing top secret information that the Bush administration was maintaining a network for CIA black sites around the world, or when the New York Times revealed in 2005 the top secret program whereby the NSA had created a warrantlesss eavesdropping program aimed at US citizens?

Or is this some newly created standard of criminality that applies only to our NSA reporting? Do media figures who are advocating that possessing or transmitting classified information is a crime really not comprehend the precedent they are setting for investigative journalism?

UPDATE

The Independent’s Oliver Wright just tweeted the following:

“For the record: The Independent was not leaked or ‘duped’ into publishing today’s front page story by the Government.”

Leaving aside the fact that the Independent article quotes an anonymous “senior Whitehall source”, nobody said they were “duped” into publishing anything. The question is: who provided them this document or the information in it? It clearly did not come from Snowden or any of the journalists with whom he has directly worked. The Independent provided no source information whatsoever for their rather significant disclosure of top secret information. Did they see any such documents, and if so, who, generally, provided it to them? I don’t mean, obviously, that they should identify their specific source, but at least some information about their basis for these claims, given how significant they are, would be warranted. One would think that they would not have published something like this without either seeing the documents or getting confirmation from someone who has: the class of people who qualify is very small, and includes, most prominently and obviously, the UK government itself.

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HypoMeterC