By Julian Sanchez | Published: December 15, 2008 - 07:10PM CT
A federal appeals court today upheld the National Security Letter provision of the PATRIOT Act, which a lower court had stricken down last year. But the three-judge panel also imposed a series of restrictions on the gag orders that routinely accompany the controversial requests for information, saying that the government must meet a First Amendment burden higher than that imposed by the statute, and requiring law enforcement to demonstrate the need for a gag order to a judge.
Today's decision is the latest chapter in Doe v. Mukasey, a legal battle that began over four years ago, when the American Civil Liberties Union filed suit on behalf of an unnamed Internet service provider that had been served with a National Security Letter. These investigative tools allow the Federal Bureau of Investigation to demand records from an ISP or phone company without obtaining a court order—and, in 97 percent of cases, to forbid the company from saying anything about the information request. The government's own internal watchdogs have discovered widespread abuse of NSLs since their scope was expanded by the PATRIOT Act of 2001.
The original lawsuit attacked NSLs on both First and Fourth Amendment grounds, and the ACLU won its first round in court. But in 2006, two developments changed the contours of the battle: First, the FBI ultimately withdrew the original record request that had prompted the court fight, leaving in place only the gag order—and the corresponding First Amendment challenge. Second, Congress amended the PATRIOT Act, and in U.S.C. 18 §3511 established a mechanism for ISPs served with NSL requests to challenge them, and their attached gag orders, in court. Once again, the ACLU prevailed, winning wholesale invalidation of the NSL provision. An appeal by the government brought the civil liberties group back into court this summer, before the Second Circuit Court of Appeals.
The Second Circuit today chose a less radical remedy than the lower court had opted for: it allowed the NSL and gag order provisions to stand, but construed the gag rules narrowly so as to pass First Amendment muster. While agreeing with the lower court that the statutory provisions providing for judicial review of the gag orders were constitutionally flawed as written, the Second Circuit held that either Congress or the Justice Department could adopt procedures to remedy the infirmity.
Under the current language of the statute, the FBI has discretion to bar an ISP served with an NSL from speaking about it. The ISP has the burden of appealing if it finds the gag order unreasonable, and the court may remove the gag if it finds that there is "no reason to believe that disclosure may endanger the national security of the United States, interfere with a criminal, counterterrorism, or counterintelligence investigation, interfere with diplomatic relations, or endanger the life or physical safety of any person." If a high-ranking executive branch official certifies that disclosure does pose some danger, that assertion is to be "treated as conclusive unless the court finds that the certification was made in bad faith."
The court's ruling today narrows that language in several ways. First, the Second Circuit held that the alleged harm of disclosure cannot be any old risk to "life or physical safety," but must be appropriately linked to "an authorized investigation to protect against international terrorism or clandestine intelligence activities." Second, the Court held that "no reason" did not mean that literally any reason at all would do, but that the government must provide evidence establishing some specific reason for thinking such harm is likely, a standard not met if the justification "surmounts only a standard of frivolousness." Perhaps most importantly, it rejected the notion that Congress may dictate a standard of First Amendment review to judges, invalidating the statute's injunction to take the executive branch's word for it, absent some explanation of why disclosure would be harmful.
Today's ruling also held that the government could not stick ISPs with the burden of initiating litigation if they objected to a gag order—but here, the Court recognized that it did not have discretion to effectively rewrite the statute. Instead, the decision suggests a procedure of "reciprocal notice" that might allow the NSL review process to survive constitutional scrutiny. Such a procedure, the court wrote, might involve giving ISPs a certain amount of time to notify the FBI that they object to a gag order, at which point it would be incumbent upon the FBI to get a judge to ratify it. The ruling suggested that Congress could formally impose such a change, but that the Justice Department might also implement such a procedure on its own initiative.
ACLU Staff Attorney Melissa Goodman told Ars that while the court "didn't necessarily do everything that we were asking for," the group was pleased that the decision had affirmed the applicability of the First Amendment to these gag orders, and required the government to provide a judge with some substantial evidentiary basis for silencing a served ISP.
The government may now choose to ask the Supreme Court to review the Second Circuit's decision. If it does not, the case returns to the lower district court, where the Justice Department will have to make some substantive showing that the gag order is needed to protect national security. Since the underlying request for information was withdrawn over two years ago, that may prove an uphill battle even under a relatively deferential standard.
In the same way, the long drawn-out housing bubble of the current Bush decade, and particularly the derivative bubble that was floated upon it, allowed the Bush administration to help offset the trillion-dollar-plus cost of its Iraq misadventure,26 by creating spurious securities that sold for hundreds of billions, not just in the United States, but through the rest of the world.
In the long run, this was not a sustainable source of wealth for America’s financial class, which is now suffering like everyone else from the consequent recession. But in the short run, the financial crisis and bailout made it possible for Bush to wage a costly war without experiencing the kind of debilitating inflation that was brought on by America’s Vietnam War.
The trillion dollar meltdown,27 in other words, can be rationalized as having helped finance the Iraq War. When we turn to the martial law preparations, however, they are being made in anticipation of civil unrest in the future. Why such intense preparation for this?
The obvious answer of course is memory of the rioting that occurred in San Francisco and elsewhere during the great depression of the 1930s. Indeed that thought may be uppermost among those who recently arranged for the redeployment of a Brigade Combat Team from Iraq to America. But the planning for martial law in America dates back almost three decades, from the days when Reagan appointed Rumsfeld, Cheney and others to plan secretly for what was misleadingly called Continuity [i.e., Change] of Government. Concern about the 2008 recession cannot have been on their minds then, or on those who introduced the Army’s “Continuity of Operations (COOP) Program” on January 19, 2001. Instead the “full all-hazards threat spectrum” envisaged in that document was clearly ancillary to the doctrine of “full-spectrum dominance” that had been articulated in the Joint Chiefs of Staff blueprint, Joint Vision 2020, endorsed eight months earlier on May 30, 2000.28
The interest of Cheney and Rumsfeld in COG planning, including planning for martial law, also envisaged full spectrum dominance. This is made clear by their simultaneous engagement in the 1990s in the public Project for the New American Century (PNAC). PNAC’s goals were stated very explicitly in their document Rebuilding America’s Defenses: to increase defense spending so as to establish America’s military presence throughout the world as an unchallengeable power. This would entail permanent U.S. forces in central as well as east Asia, even after the disappearance[jam1] of Saddam Hussein.29
In short PNAC’s program was a blueprint for permanent overseas American empire, a project they recognized would not be easily accepted by an American democracy. Their call frankly acknowledged that it would be difficult to gain support for their projected increase in defense spending to “a minimum level of 3.5 to 3.8 percent of gross domestic product, adding $15 billion to $20 billion to total defense spending annually.” “The process of transformation,” the document admitted, “is likely to be a long one, absent some catastrophic and catalyzing event—like a new Pearl Harbor.”30
There is of course every reason to hope that the disastrous era of Rumsfeld and Cheney is about to end, with the election of Barack Obama. Obama has made it clear that he will pursue a foreign policy dedicated to diplomacy and multilateralism. In this spirit he has declared his willingness to talk to Iran without preconditions.
But Obama’s stated reason for disengagement from Iraq – “The scale of our deployments in Iraq continues to set back our ability to finish the fight in Afghanistan”31 – is very ominous. Few serious students of the Afghan scene believe that America can “finish the fight in Afghanistan,” any more successfully than could the Russians or British before them. The U.S. position there is visibly deteriorating, while the U.S. strategy of cross-border attacks is having the effect of destabilizing Pakistan as well. The U.S.-backed Karzai regime has so little control over the countryside that Kabul itself is now coming under rocket attack. Experts on the scene agree that any effort to “finish” will be a long-term proposition requiring at a minimum a vastly escalated commitment of U.S. troops.32
One cannot predict the future, but one can examine the past. For thirty years I have been writing about the persistence in America of a war mentality that, time after time, trumps reasonable policies of negotiation, and leads us further into armed conflict. This dominant mindset is not restricted to any single agency or cabal, but is rather the likely outcome of on-going tensions between hawks and doves in the internal politics of Washington.
If a container of rocks and gravel is shaken vigorously, the probability is that the gravel will gravitate towards the bottom, leaving the largest rocks at the top. There is an analogous probability that, in an on-going debate over engaging or withdrawing from a difficult military contest, the forces for engagement will come out on top, regardless of circumstances. Available military power tends to be used, and one of the most remarkable features of history since 1945 is that this tendency has not so far repeated itself with atomic weapons.
Let me explain this metaphor in more concrete detail. Progressive societies (in this era usually democracies) tend to expand their presence beyond their geographic boundaries. This expanded presence calls for new institutions, usually (like the CIA) free from democratic accountability. This accretion of unaccountable power, in what I have elsewhere called the deep state, disrupts the public state’s system of checks and balances which is the underpinning of sane, deliberative policy.
We might expect of progressive democracies that they would evolve towards more and more rational foreign policies. But because of the dialectic just described, what we see is the exact opposite – evolution towards foolish and sometimes disastrous engagements. When Britain became more democratic in the late 19th Century, it also initiated the Boer War, a war very suited to the private imperial needs of Cecil Rhodes, but irrelevant if not deleterious to the interests of the British people.33 Hitler’s dreams of a Third Reich, entailing a doomed repeat of Napoleon’s venture into the heart of Russia, suited the needs of the German industrialists who had financed the Nazis; but from the outset sane heads of the German military staff could foresee the coming disaster.
For over a half century now, beginning with Vietnam, unaccountable forces have been maneuvering America into unsustainable adventures on the Asian mainland. We now know that Kennedy did not intend ever to commit U.S. combat troops to Vietnam.34 But the fatal planning to expand the Vietnam War north of the 17th parallel was authorized in the last week of his aborted presidency, probably without his being aware.35 When elected, Jimmy Carter was determined to reduce the size and frequency of CIA covert operations.36 Yet his national security advisor, Zbigniew Brzezinski, initiated maneuvers in Afghanistan that led to the largest CIA covert operation (and in my view, one of the most deleterious) of all time.37
Our archival historians have not yet fully understood either paradox, or the forces behind them. And as the philosopher George Santayana famously observed, "Those who cannot remember the past are condemned to repeat it."38
The Future: Military Escalation Abroad and at Home?
Like both Kennedy and Carter, Barack Obama is a complex mix of hopeful and depressing qualities. Among the latter are his unqualified desire to “finish” (i.e., “win”) the war in Afghanistan, and his support, along with his party’s, for the final version of the Paulson bailout. In my view they go together.
Like the government negotiated resolution of the savings-and-loan-scandal of the 1980s, the financial bailout undisguisedly taxed the public wealth of the republic to protect and even enrich those who for some time had been undeservedly enriching themselves. Old-line leftists might see nothing unusual about this: it conforms to their analysis of how the capitalist state has always worked.
But it is only characteristic of the American state since the Reagan revolution of the 1980s. Before that time governmental policies were more likely to be directed towards helping the poor; afterwards the ideology of free-market literalism, even under Clinton, was invoked in numerous ways for the enriching of the rich.
The result of these government policies has been summarized by Prof. Edward Wolff:
We have had a fairly sharp increase in wealth inequality dating back to 1975 or 1976. Prior to that, there was a protracted period when wealth inequality fell in this country, going back almost to 1929. So you have this fairly continuous downward trend from 1929, which of course was the peak of the stock market before it crashed, until just about the mid-1970s. Since then, things have really turned around, and the level of wealth inequality today is almost double what it was in the mid-1970s…..
Up until the early 1970s, the U.S. actually had lower wealth inequality than Great Britain, and even than a country like Sweden. But things have really turned around over the last 25 or 30 years. In fact, a lot of countries have experienced lessening wealth inequality over time. The U.S. is atypical in that inequality has risen so sharply over the last 25 or 30 years.39
Past excesses of American wealth, as in the Gilded Age and the 1920s, have been followed by political reforms, such as the income tax, to reduce wealth and income disparity. But as Kevin Phillips has warned, this type of reform must happen again soon, or it may not happen at all:
As the twenty-first century gets underway, the imbalance of wealth and democracy in the United States is unsustainable. . . . Either democracy must be renewed, with politics brought back to life, or wealth is likely to cement a new and less democratic regime—plutocracy by some other name.40
Judged by this criterion, the Paulson bailout as passed was not just an opportunity missed; it was a radical leap in the wrong direction. It is not reassuring that the bailout was passed with the support of Obama and the Democratic Party. This is rather a sign that plutocracy will not be seriously challenged by either party in their present state.
Warren Buffett may have been correct in saying that the bailout was necessary. But it is not hard to think of reforms that should have accompanied it:
1) there should have been transparency, not secrecy
2) public funds should not have been made available for bonuses or dividends (The richest 10 percent of Americans own 85 percent of all stock).41
And as a bailout for the automobile industry is debated, two more reforms seem self-evident:
3) any reduction in income should not affect workers alone, but all levels of employees equally
4) as has often been suggested, a limit should be established by law to the maximum ratio of the highest remuneration to the lowest in any industry – perhaps a ratio of twenty to one.
I am not making these obvious suggestions with any expectation that they will be passed or seriously debated. The plutocratic corruption of both our parties makes such a prospect almost unthinkable.
What I do want to contemplate is the serious prospect of war. America escaped from the depression of the 1890s with the Spanish-American War.42 It only escaped the Great Depression of the 1930s with the Second World War. There was even a recession in the late 1940s from which America only escaped with the Korean War. As we face the risk of major depression again, I believe we inevitably face the danger of major war again.
In the meantime, some aspects of the financial meltdown, although they arose for many reasons and were not the result of some conspiratorial cabal, may be prolonged because of their utility to the war-minded. Consider that, from the perspective of maintaining America’s imperial thrust into Afghanistan (and even Pakistan), the financial crisis has had some desired consequences:
1) The dollar’s value against other international currencies, notably the euro, has improved, thus improving America’s balance of payments and also offsetting the threat to the dollar’s important role as the primary unit of international trade.
2) Thanks to the determined international marketing of overvalued derivatives based on predatory lending, the resulting financial crisis has been internationalized, with economies elsewhere suffering even greater shocks than the United States. This has relatively improved America’s capacity to finance a major war effort overseas (which has always had a major impact on the U.S. balance of payments).
3) The price of oil has plummeted from $147 a barrel last July to under $40, thus weakening the economies of Russia, China, and especially Saudi Arabia, the country whose international foundations have been supporting Al Qaeda.
The Afghan situation is grim, but it is not hopeless. Two skilled observers, Barnett R. Rubin and Ahmed Rashid, have proposed a political solution for the entire region that would promise greater security for the entire area than Obama’s ill-considered proposal to send 20,000 more U.S. troops.43 In Rashid’s words,
President-elect Obama and Western leaders have to adopt a comprehensive approach that sees the region [with Afghanistan's neighbors, including Pakistan, India, Russia, China, Iran, and the former Soviet states] as a unit with interlocking development issues to be resolved such as poverty, illiteracy and weak governance. There has to be a more comprehensive but more subtle approach to democratising the region and forcing powerful but negative stakeholders in local power structures - such as the drug mafias - either to change their thinking or be eliminated.44
That observers with such recognized status are offering a sensible political solution does not provide me with much optimism. For three decades now Barnett Rubin has been offering sound advice on Iran and Afghanistan to Washington, only to be ignored by those lobbying for covert operations and military solutions. This dialectic is reminiscent of the Vietnam War, where for over a decade reasonable proposals to demilitarize the conflict were similarly ignored.
I repeat that the future is unpredictable. But I fear that Obama’s proposal to send 20,000 additional troops will carry the day, with its predictable consequences of a wider war in both Afghanistan and Pakistan.45 With this I also fear an increased use of the U.S. Army to control protests by the American people.
I earnestly hope that my fears are misplaced. Time will tell.
1.WCAX, Burlington, Vermont - December 22, 2008, http://www.wcax.com/Global/story.asp?S=9567271. Cf. CNBC, October 30, 2008, http://www.cnbc.com/id/27423117: “`You can get paid $30 million under this program,’ says Michael Kesner, who heads Deloitte Consulting's executive compensation practice. `There's no limit on what you can get paid.’”
2 John Dunbar, AP, October 25, 2007, http://biz.yahoo.com/ap/081025/meltdown_evolving_bailout.html .
3.David Hirst, “Fox joins battle cry for details of US bail-out,” BusinessDay, December 24, 2008, http://www.businessday.com.au/business/fox-joins-battle-cry-for-details-of-us-bailout-20081223-74eh.html?page=-1.
6. Rep. Brad Sherman, in the House, 8:07 EST PM, October 2, 2008, http://www.youtube.com/watch?v=HaG9d_4zij8&NR=1. Rep. Sherman later issued the following clarification: “I have no reason to think that any of the leaders in Congress who were involved in negotiating with the Bush Administration regarding the bailout bill ever mentioned the possibility of martial law -- again, that was just an example of extreme and deliberately hyperbolic comments being passed around by members not directly involved in the negotiations.” Cf. Rep. Sherman on Alex Jones show, http://www.youtube.com/watch?v=_bH1mO8qhCs. .
7 Army Regulation 500-3, Emergency Employment of Army And Other Resources, Army Continuity Of Operations (COOP) Program, http://www.wikileaks.org/leak/us-army-reg-500-3-continuity-2001.pdf, emphasis added. Cf. Tom Burghardt, “Militarizing the `Homeland’ in Response to the Economic and Political Crisis: NORTHCOM's Joint Task Force-Civil Support,” GlobalResearch, October 11, 2008, http://www.globalresearch.ca/index.php?context=va&aid=10534 .
8 Peter Dale Scott, The Road to 9/11: Wealth, Empire, and the Future of America (Berkeley and Los Angeles: University of California Press, 2007), 183-87; cf. James Mann, The Rise of the Vulcans: The History of Bush’s War Cabinet (New York: Viking, 2004), 138-45,
9 Scott, The Road to 9/11, 183-87.
10 Ritt Goldstein , “Foundations are in place for martial law in the US,” Sydney Morning Herald, July 27 2002, http://www.smh.com.au/articles/2002/07/27/1027497418339.html.
11 Peter Dale Scott, The Road to 9/11, 240-41.
12 Scott, The Road to 9/11, 60-61.
13 Robert Parry, “Henry Kissinger, Eminence Noire,” ConsortiumNews, December 28, 2008, http://www.consortiumnews.com/2008/122808.html: “Kissinger, … – while serving as a peace-talk adviser to the Johnson administration – made obstruction of the peace talks possible by secretly contacting people working for Nixon, according to Seymour Hersh’s 1983 book, The Price of Power [p. 21]. 14 Hersh, Price of Power, 18. Cf. Jim Hougan, Spooks: The Haunting of America (New York: William Morrow, 1978), 435: “Kissinger, married to a former Rockefeller aide, owner of a Georgetown mansion whose purchase was enabled only by Rockefeller gifts and loans, was always the protégé of his patron, Nelson R[ockefeller], even when he wasn’t directly employed by him.”15 Scott, The Road to 9/11, 93-118.16 Scott, The Road to 9/11, 82-87, 91, 104-05.17 “Brigade homeland tours start Oct. 1,” Army Times, September 30, 2008, http://www.armytimes.com/news/2008/09/army_homeland_090708w/. Cf. Michel Chossudovsky, “Pre-election Militarization of the North American Homeland, US Combat Troops in Iraq repatriated to `help with civil unrest,’"GlobalResearch, September 26, 2008, http://www.globalresearch.ca/index.php?context=va&aid=10341. 18 Agence France-Presse, December 17, 2008, http://www.google.com/hostednews/afp/article/ALeqM5iTBOy3JF8pVAthIthq8C1NrMf4Cg. 19 http://phoenix.bizjournals.com/phoenix/stories/2008/12/15/daily34.html. 20 Remarks Of Sen. Patrick Leahy, National Defense Authorization Act For Fiscal Year 2007Conference Report, Congressional Record, September 29, 2006, http://leahy.senate.gov/press/200609/092906b.html. 21 Eliot Spitzer, “Predatory Lenders' Partner in Crime: How the Bush Administration Stopped the States From Stepping In to Help Consumers,” Washington Post, February 14, 2008; A25, http://www.washingtonpost.com/wp-dyn/content/article/2008/02/13/AR2008021302783.html?nav=hcmodule . Three months earlier, on November 8, 2007, Governor Spitzer and New York Attorney General Andrew Cuomo had published a joint letter to Congress, “calling for continued federal action to combat subprime lending practices” (http://www.state.ny.us/governor/press/1108071.html).22 David Johnston and Philip Shenon, “U.S. Defends Tough Tactics on Spitzer,” New York Times, March 21, 2008. 23 “Why Eliot Spitzer was assassinated: The predatory lending industry had a partner in the White House,” Brasscheck TV, March 2008, http://brasschecktv.com/page/291.html. 24 Greg Palast, “Eliot’s Mess: The $200 billion bail-out for predator banks and Spitzer charges are intimately linked,” Air America Radio’s Clout, March 14, 2008, http://www.gregpalast.com/elliot-spitzer-gets-nailed/
25 Without suggesting that the scandal was in any way centrally orchestrated or directed, it can be argued that the scandal was permitted to drag on so long because it was allowing profits from the illegal drug traffic to recapitalize the American economy and strengthen the beleaguered U.S. dollar.
26 Joseph E. Stiglitz and Linda J. Bilmes, The Three Trillion Dollar War: The True Cost of the Iraq Conflict (New York: W.W. Norton, 2008). Cf. Joseph Stiglitz and Linda Bilmes, “The three trillion dollar war,” The Times (London), February 23, 2008, http://www.timesonline.co.uk/tol/comment/columnists/guest_contributors/article3419840.ece: “On the eve of war, there were discussions of the likely costs. Larry Lindsey, President Bush's economic adviser and head of the National Economic Council, suggested that they might reach $200 billion. But this estimate was dismissed as “baloney” by the Defence Secretary, Donald Rumsfeld. His deputy, Paul Wolfowitz, suggested that postwar reconstruction could pay for itself through increased oil revenues. Mitch Daniels, the Office of Management and Budget director, and Secretary Rumsfeld estimated the costs in the range of $50 to $60 billion, a portion of which they believed would be financed by other countries. (Adjusting for inflation, in 2007 dollars, they were projecting costs of between $57 and $69 billion.) The tone of the entire administration was cavalier, as if the sums involved were minimal.”
27 Charles R. Morris, The Trillion Dollar Meltdown: Easy Money, High Rollers, and the Great Credit Crash (New York: PublicAffairs, 2008).
28 Joint Vision 2020, http://www.dtic.mil/jointvision/jvpub2.htm; Scott, The Road to 9/11, 20, 24. “Full spectrum dominance” repeated what had been outlined earlier in a predecessor document, Joint Vision 2010 of 2005, but with new emphasis on the statement that “the United States must maintain its overseas presence forces” (Joint Vision 2020, 6). Cf. Joint Vision 2010, 4, www.dtic.mil/jv2010/jvpub.htm: “We will remain largely a force that is based in the continental United States.”
29 Project for the New American Century, Rebuilding America’s Defenses, http://www.newamericancentury.org/RebuildingAmericasDefenses.pdf; Scott, The Road to 9/11, 23-24, 191-93.
30 Rebuilding America’s Defenses, 51, 75.
31 “War in Iraq,” BarackObama.com, http://www.barackobama.com/issues/iraq/ .
32 See e.g. Andrew Bacevich, Newsweek, December 8, 2008, http://www.newsweek.com/id/171254: “In Afghanistan today, the United States and its allies are using the wrong means to pursue the wrong mission. Sending more troops to the region, as incoming president Barack Obama and others have suggested we should, will only turn Operation Enduring Freedom into Operation Enduring Obligation. Afghanistan will be a sinkhole, consuming resources neither the U.S. military nor the U.S. government can afford to waste.” Cf. PBS, Frontline, “The War Briefing,” October 28, 2008, http://www.pbs.org/wgbh/pages/frontline/warbriefing/view/.
33 For the role of the Rhodes-promoted Jameson Raid in instigating the Boer War, see Elizabeth Longford, Jameson’s Raid: The Prelude to the Boer War (London: Weidenfeld and Nicolson, 1982).
34 Gordon M. Goldstein, Lessons in Disaster: McGeorge Bundy and the Path to War in Vietnam (New York: Times Books/Henry Holt, 2008).
35 John Newman, JFK and Vietnam: Deception, Intrigue, and the Struggle for Power (New York: Warner Books, 1992), 375-77, 434-35, 447; Peter Dale Scott, The War Conspiracy: JFK, 9/11, and the Deep Politics of War (Ipswich, MA: Mary Ferrell Foundation Press, 2008), 25-26, 28.
36 Ofira Seliktar, Failing the Crystal Ball Test: The Carter Administration and the Fundamentalist Revolution in Iran (Westport, CN: Praeger, 2000), 52.
37 Brzezinski later boasted that his “secret operation was an excellent idea. It drew the Russians
into the Afghan trap” (“Les Révélations d’un ancien conseiller de Carter,” interview with
Zbigniew Brzezinski, Le Nouvel Observateur, January 15–21, 1998, http://www.globalresearch.ca/articles/BRZ110A.html; French version:
http://www.confidentiel.net/breve.php3?id_breve=1862; quoted at length in Peter Dale Scott, Drugs, Oil, and War: The United States in Afghanistan, Colombia, and Indochina (Lanham, MD: Rowman & Littlefield, 2003), 35). For my negative assessment of what some have described as the CIA’s most successful covert operation, see The Road to 9/11, 114-37.
38 George Santayana, Life of Reason, Reason in Common Sense (New York: Scribner's, 1905), 284.
39 Edward Wolff, “The Wealth Divide: The Growing Gap in the United States Between the Rich and the Rest,” Multinational Monitor, May 2003, http://www.thirdworldtraveler.com/America/Wealth_Divide.html. Cf. Edward Wolff, Top Heavy: The Increasing Inequality of Wealth in America and What Can Be Done About It (New York: New Press, 2002).
40 Kevin Phillips, Wealth and Democracy: A Political History of the American Rich (New York: Broadway Books, 2002), 422; quoted in Scott, The Road to 9/11, 3.
41 Wolff, “The Wealth Divide.”
42 For McKinley’s mercantilist “large policy” as a response to depression, see Philip Sheldon Foner, The Spanish-Cuban-American War and the Birth of American Imperialism, 1895-1902 (New York: Monthly Review Press, 1972).
43 Barnett R. Rubin and Ahmed Rashid, “From Great Game to Grand Bargain: Ending Chaos in Afghanistan and Pakistan,” Foreign Affairs, November/December 2008, http://www.foreignaffairs.org/20081001faessay87603-p40/barnett-r-rubin-ahmed-rashid/from-great-game-to-grand-bargain.html.
44 Ahmed Rashid, “Obama's huge South Asia headache,” BBC, January 2, 2009, http://news.bbc.co.uk/2/hi/south_asia/7788321.stm,
45 Cf. Zia Sarhadi, “America's "good war" turns into quicksand,” MediaMonitors, January 5, 2009, http://usa.mediamonitors.net/content/view/full/58114: “Obama’s announcement to send 20,000 additional troops to the `good war’ in Afghanistan has been greeted by the Taliban with glee. They regard it as an opportunity to attack a `bigger army, bigger target and more shiny new weapons to take from the toy soldiers.’ American generals have talked in terms of 40,000 to 100,000 additional troops, levels that are simply not available. America’s killing of hundreds of Afghan civilians in indiscriminate aerial attacks has been the most effective recruiting tool for the Taliban. Even those Afghans not keen on seeing the Taliban back in power are appalled by the level of brutality inflicted on civilians.” Peter Dale Scott, a former Canadian diplomat and English Professor at the University of California, Berkeley, is a poet, writer, and researcher. His most recent book is The War Conspiracy: JFK, 9/11, and the Deep Politics of War, It can be ordered from the Mary Ferrell Foundation Press at http://www.maryferrell.org/wiki/index.php/MFF_Store. Scott’s website is http://www.peterdalescott.net.
SKOKIE, Ill. – January 19, 2009 – NanoGuardian™, a division of NanoInk® that focuses on delivering brand protection solutions to fight illegal diversion and counterfeiting, is pleased to announce that John D. Glover, D.P.A., has been appointed to lead its Security Advisory Board. With a distinguished career spanning more than 35 years with the FBI, Bristol-Myers Squibb Company (NYSE: BMY), the Pharmaceutical Security Institute and the U.S. State Department, Dr. Glover will advise NanoGuardian in its efforts to curb the spread of counterfeit and diverted pharmaceuticals in the supply chain.
In March 1989, Dr. Glover retired from a distinguished career with the FBI, where he investigated, supervised and managed numerous successful high-profile investigations. During his tenure, he was designated executive assistant director for administration at FBI Headquarters in Washington, D.C., one of three direct reports to the director of the FBI.
Later, Dr. Glover served as vice president, corporate security for Bristol-Myers Squibb Company. Among his many accomplishments during this timeframe, Dr. Glover was instrumental in creating the Pharmaceutical Security Institute, an industry-wide, anti-counterfeiting body. He also served as co-chairman of the U.S. State Department’s Overseas Security Advisory Council.
Today, Dr. Glover serves as president of John Glover Consulting, Inc., which provides consulting services to a very select number of prominent corporate and non-governmental entities.
“After 35 years of working complex investigations, some of which included chasing counterfeiters and diverters with the FBI, NanoGuardian's on-dose NanoEncryption technology is a product that I can get excited about,” said Dr. Glover. “NanoEncryption technology is the only on-dosage, multi-layered, brand protection solution that enables manufacturers to trace and authenticate every single dosage, from plant to patient.”
NanoGuardian’s NanoEncryption technology possesses intrinsic layered security features at the overt, covert, and forensic level and can be applied directly to tablets, capsules and vial caps. These multi-layered security features enable NanoGuardian to provide a dual-protective benefit to pharmaceutical manufacturers with a single technology. The overt and covert security features enable dose-level authentication at any point in the supply chain, while the forensic NanoCodes provide comprehensive tracing information on each and every tablet, capsule, or vial.
“Dr. Glover’s experience as a security expert within the pharmaceutical industry and as the former executive assistant director for administration at the FBI makes him an invaluable resource for us as we work with the pharmaceutical industry, law enforcement, and government to stop counterfeiting and illegal diversion of pharmaceuticals,” said Dean Hart, executive vice president of NanoGuardian.
Dr. Glover holds a Bachelor of Arts in Education from Florida A&M University in Tallahassee, Fla. He also received a Master and Doctorate in Public Administration from the University of Southern California.
About NanoGuardian NanoGuardian™, a division of NanoInk®, focuses exclusively on delivering brand protection solutions to fight illegal diversion and counterfeiting. NanoGuardian’s cutting-edge NanoEncryption™ technology enables manufacturers to authenticate and trace the integrity of their products across the supply chain. More information about NanoGuardian is available at http://www.nanoguardian.net.
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Your commissioner – john d. glover
CALEA Commissioner John D. Glover hails from Miami, Florida, where he attended local public schools, graduating in 1957, with honors, and as president of his senior class. He played football and basketball, achieving all-state honors in both sports.
He attended Florida A&M University on a football scholarship, graduating with honors in 1962 with a degree in Education. After graduation, John returned to Miami where he taught and coached football and basketball for four years.
He joined the Federal Bureau of Investigation in 1966, starting in Kansas City, Missouri, where he investigated general crimes. Over the next ten years, John took on various assignments with the FBI in Washington, DC, the FBI Academy, and in their Newark, New Jersey office.
Commissioner Glover was then assigned to the Milwaukee, Wisconsin Division, where he was the Special Agent in Charge of all FBI operations in the state. During this time, he led an investigation that closed down an entire organized crime family. In 1980, he was transferred to Atlanta, Georgia, also as the Special Agent in Charge. There he was in charge of the Atlanta Child Murders Investigation, one of the most notorious serial killing cases in U.S. history.
In 1983, Commissioner Glover was designated Assistant Director of the Planning and Inspection Division, and in 1986, was promoted to Executive Assistant Director – Administration, where he was responsible for the day-to-day administrative operations of the FBI. While serving as an Executive Assistant Director, he attained a Master of Public Administration degree, and subsequently, received a Doctorate in Public Administration.
He retired from the FBI in 1989 and joined the corporate sector as a Vice President, Corporate Security for Bristol-Myers Squibb Company. He coordinated numerous international anti-counterfeiting investigations, and founded the Pharmaceutical Security Institute, the pharmaceutical industry’s anti-crime organization.
Dr. Glover retired in 2002 and now lives in south Florida where he has a small security consulting business. He is also a trustee on the Former FBI Agents Foundation. He has served on the CALEA Commission since January 1, 2001.
Georgia Officials Fighting Effort to Release Klan File in Atlanta Child Murders Case
ATLANTA (AP) - The state attorney general's office is fighting a judge's order to turn over wiretaps of reputed Ku Klux Klan members collected during the investigation of the notorious Atlanta child murders of 1979-1981.
In a motion filed in federal court Tuesday, the attorney general's office also opposes the part of the May 31 judge's order that would give lawyers for convicted killer Wayne Williams access to juvenile records of a key witness. Williams was convicted in 1982 of killing two young black men but was implicated in more than 20 other deaths in a killing spree that terrorized Atlanta's black community. He's serving a life sentence. A local police chief last month reopened the investigation into five of the deaths, saying he doesn't believe Williams was involved. He was never charged in the slayings.
WASHINGTON, DC - As it launches an ambitious policy program for 2009 the non-partisan Reform Institute today announced the additions of several policy experts to its Advisory Committee that will help guide its reform agenda. The Institute will address critical issues such as energy and environmental sustainability, the economy, immigration reform, homeland security and national resilience, and governance and election
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