Ukraine Situation Escalates: U.S. Sending Fighter Jets

By AlternativeFreePress.com

The Pentagon will increase the number of U.S. fighter jets on a NATO air patrol mission in the Baltics and ramp up training with Poland’s air force. Defense officials confirmed that the U.S. will “augment the mission” in Baltic countries by sending six F-15s and one KC-135 to the region. They will be sent from a base in Britain to Siauliai Air Base in Lithuania. The U.S. military has already been providing four F-15s to the Baltic Air Policing rotation since January.

Sources for this article:

1. BREAKING: U.S. Military Sends Fighter Jets To Assist NATO On Ukraine
http://benswann.com/breaking-u-s-military-sends-fighter-jets-to-assist-nato-on-ukraine/

2. More U.S. jets on NATO patrol in Baltics amid Ukraine crisis: source http://www.reuters.com/article/2014/03/05/us-ukraine-crisis-pentagon-idUSBREA242D320140305

Written by Alternative Free Press
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Ukraine Situation Escalates: U.S. Sending Fighter Jets by AlternativeFreePress.com is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

Edward Snowden to Speak at SXSW Interactive Via Videoconference

Monday, March 10: Edward Snowden to Speak at SXSW Interactive Via Videoconference

By Hugh Forrest
SXSW: March 4, 2014

Surveillance and online privacy look to be one of the biggest topics of conversation at the 2014 SXSW Interactive Festival. The number of sessions on this topic reflect the importance of this issue to the digital creatives who converge in Austin each March. As organizers, SXSW agrees that a healthy debate with regards to the limits of surveillance is vital to the future of the online ecosystem.

On Monday, March 10 at 11:00 am, join us for a conversation between Edward Snowden and Christopher Soghoian, the principal technologist of the American Civil Liberties Union. The conversation will be focused on the impact of the NSA’s spying efforts on the technology community, and the ways in which technology can help to protect us from mass surveillance. Hear directly from Snowden about his beliefs on what the tech community can and must do to secure the private data of the billions of people who rely on the tools and services that we build.

This session will be moderated by Ben Wizner, who is director of the ACLU’s Speech, Privacy & Technology Project and Edward Snowden’s legal advisor. Audience members will have the opportunity to ask questions.

“A Virtual Conversation with Edward Snowden” occurs in Exhibit Hall 5 on the first floor of the Austin Convention Center. The session will also be simulcast in two other large rooms in the Austin Convention Center — in Ballroom D (on the top floor of the building, near the SX Bookstore) and in Ballrooms BC (on the first floor of the building, at the southeast corner near Waller Creek). You must have an Interactive, Gold or Platinum badge to attend this session. Entry to “A Virtual Conversation with Edward Snowden” will be allowed on a first come / first served basis — we strongly encourage you to arrive early to Exhibit Hall 5 (or Ballroom D or Ballroom BC) to make sure that you get a seat.

However, if you cannot be at SXSW Interactive on Monday, March 10 at 11:00 am CST, then you can watch a free livestream of the session courtesy of The Texas Tribune. Based in Austin, the Texas Tribune is a nonpartisan, nonprofit media organization that promotes civic engagement and discourse on public policy, politics, government and other matters of statewide and national concern.

Beginning Monday afternoon, March 10, a recording of the “Virtual Conversation with Edward Snowden” will be available for free replay via the ACLU website.

Source:SXSW

Texas Tribune
ACLU replay

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Russia allowed to have 25,000 troops in Crimea since 1999… & other facts you may not know

RT: March 4, 2014

Ukraine’s statement at the UN that 16,000 Russian soldiers have been deployed to Crimea has caused a frenzy among Western media which chooses to ignore that those troops have been there since the late 1990s in accordance with a Kiev-Moscow agreement.

Western media describes the situation in the Autonomous Republic of Crimea as if a full-scale Russian invasion were under way, with headlines like: “Ukraine says Russia sent 16,000 troops to Crimea” and “Ukraine crisis deepens as Russia sends more troops into Crimea,” as well as “What can Obama do about Russia’s invasion of Crimea?”

It seems they have chosen to simply ignore the fact that those Russian troops have been stationed in Crimea for over a decade.

Russia’s representative to the UN, Vitaly Churkin, reminded on Tuesday that the deal surrounding the Black Sea Fleet allows Russia to station a contingent of up to 25,000 troops in Ukraine. However, US and British media have mostly chosen to turn a deaf ear.

Russian Foreign Minister Sergey Lavrov underlined that the country’s military “strictly executes the agreements which stipulate the Russian fleet’s presence in Ukraine, and follows the stance and claims coming from the legitimate authority in Ukraine and in this case the legitimate authority of the Autonomous Republic Crimea as well.”

So here are the facts, numbers, and details of this long-standing (but rarely cited) deal:

1) The Black Sea Fleet has been disputed between Russia and Ukraine since the collapse of the Soviet Union back in 1991.

2) In 1997, the sides finally managed to find common ground and signed three agreements determining the fate of the military bases and vessels in Crimea. Two years later, in 1999, the Russian and Ukrainian parliaments ratified them. Russia has received 81.7 percent of the fleet’s ships after paying the Ukrainian government a compensation of US$526.5 million.

3) Moscow also annually writes off $97.75 million of Kiev’s debt for the right to use Ukrainian waters and radio frequency resources, and for the environmental impact caused by the Black Sea Fleet’s operations.

4) According to the initial agreement, the Russian Black Sea Fleet was to stay in Crimea until 2017, but the deal was later prolonged for another 25 years.

5) The 1997 deal allows the Russian navy to have up to 25,000 troops, 24 artillery systems with a caliber smaller than 100 mm, 132 armored vehicles, and 22 military planes on Crimean territory.

6) In compliance with those accords, there are currently five Russian naval units stationed in the port city of Sevastopol in the Crimean peninsula:

– The 30th Surface Ship Division formed by the 11th Antisubmarine Ship Brigade, which includes the Black Sea Fleet’s flagship guard missile cruiser Moskva as well as Kerch, Ochakov, Smetlivy, Ladny, and Pytlivy vessels, and the 197th Landing Ship Brigade, consisting of seven large amphibious vessels;

– The 41st Missile Boat Brigade, which includes the 166th Fast Attack Craft Division, consisting of Bora and Samum hovercrafts as well as small missile ships Mirazh and Shtil, and 295th missile Boat Division;

– The 247th Separate Submarine Division, consisting of two diesel submarines – B-871 Alrosa and B-380 Svyatoy Knyaz Georgy;

– The 68th Harbor Defense Ship Brigade formed by the 400th Antisubmarine Ship Battalion of four vessels and 418 Mine Hunting Ship Division, which consist of four ships as well;

– The 422nd Separate Hydrographic Ship Division, which includes Cheleken, Stvor, Donuzlav and GS-402 survey vessels as well as a group of hydrographic boats.

7) Besides the naval units, Moscow also has two airbases in Crimea, which are situated in the towns of Kacha and Gvardeysky.

8) The Russian coastal forces in Ukraine consist of the 1096th Separate Anti-Aircraft Missile Regiment in Sevastopol and the 810th Marine Brigade, which hosts around 2,000 marines. (Several other coastal units of the Black Sea Fleet are located in Russia’s Krasnodar Region, including the 11th Separate Coastal Missile Brigade in Anapa, the 382th Separate Marine Battalion, and a naval reconnaissance station in Temryuk).

(Read the full article at RT)

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Study says LSD psychotherapy can reduce anxiety

By AlternativeFreePress.com

A double-blind, randomized, active placebo-controlled pilot study found that when administered safely in a methodologically rigorous medically supervised psychotherapeutic setting, LSD can reduce anxiety. The study was conducted to examine safety & efficacy of lysergic acid diethylamide(LSD)-assisted psychotherapy in a dozen patients with anxiety associated with life-threatening diseases.

Treatment included drug-free psychotherapy sessions supplemented by two LSD-assisted psychotherapy sessions 2 to 3 weeks apart. The study concludes: “This pilot study in participants with anxiety associated with the diagnosis of a life-threatening illness has demonstrated safety in 22 psychotherapy sessions assisted by 200µg of LSD with no drug-related severe adverse events. Group comparison results support positive trends in reduction of anxiety after two sessions of LSD-assisted psychotherapy, with effect size estimates in the range of 1.1 to 1.2. In view of promising historical studies with adjunctive LSD treatment in this population and a recent promising study using psilocybin (Grob et al., 2011), as well as the urgent need for more effective treatments of anxiety in these participants, further study is warranted into the potential of LSD-assisted psychotherapy”

The study found no acute or chronic adverse effects persisting beyond 1 day after treatment or treatment-related serious adverse events. The Discussion section notes: “In our study, using appropriate inclusion/exclusion criteria, detailed participant preparation, and a carefully supervised experience in a supportive psychotherapeutic setting, psychological side effects were mild and limited. There were no AEs often attributed to LSD such as prolonged anxiety (‘‘bad trip’’) or lasting psychotic or perceptional disorders (flashbacks). Congruent with studies in the past (Hintzen and Passie, 2010), the few mild somatic effects of LSD such as changes in heart rate and blood pressure were of no clinical significance.”

The LSD was supplied by Lipomed. Capsules were prepared by Bichsel Laboratories. Quality control, randomization, and blinding were performed by R. Brenneisen, PhD, at the Department of Clinical Research, University of Bern, Switzerland. Doses consisted of 200µg or a 20µg active placebo.

Sources for this article:

1. Safety and Efficacy of Lysergic Acid Diethylamide-Assisted Psychotherapy for Anxiety Associated With Life-threatening Diseases http://journals.lww.com/jonmd/Documents/90000000.0-00001.pdf

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Study says LSD psychotherapy can reduce anxiety by AlternativeFreePress.com is licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.

Putin speaks to media: No war, but prepared to protect citizens from violence.

Putin: Deploying military force is last resort, but we reserve right

RT: March 4. 2014

Russia will not go to war with the people of Ukraine, but will use its troops to protect citizens, if radicals with clout in Kiev now try to use violence against Ukrainian civilians, particularly ethnic Russians, Putin told the media.

Putin, who was given a mandate by the Russian senate to use military force to protect civilians in Ukraine, said there is no need for such an action yet.

Putin cited the actions of radical activists in Ukraine, including the chaining of a governor to a stage as public humiliation and the killing of a technician during an opposition siege of the Party of Regions HQ, as justification for Russia to be concerned for the lives and well-being of people in eastern and southern Ukraine.

Incidents like those are why Russia reserves the option of troop deployment on the table.

“If we see this lawlessness starting in eastern regions, if the people ask us for help – in addition to a plea from a legitimate president, which we already have – then we reserve the right to use all the means we possess to protect those citizens. And we consider it quite legitimate,” he said.

Russia is not planning to go to war with the Ukrainian people, Putin stressed, when a journalist asked if he was afraid of war. But Russian troops would prevent any attempts to target Ukrainian civilians, should they be deployed.

“We are not going to a war against the Ukrainian people,” he said. “I want you to understand it unambiguously. If we do take a decision, it would only be to protect Ukrainian citizens. Let anybody in the military dare, and they’d be shooting their own people, who would stand up in front of us. Shoot at women and children. I’d like to see anyone try and order such a thing in Ukraine.”

Putin dismissed the notion that the uniformed armed people without insignia who are currently present in Crimea are Russian soldiers. He said they are members of the Crimean self-defense forces and that they are no better equipped and trained than some radical fighters who took part in the ousting of Yanukovich.

He assured that the surprise military drills in Russia’s west which ended on Tuesday had nothing to do with the Ukrainian situation.

Sanction threats are counterproductive

Asked about criticism of Russia over its stance on Ukraine, Putin dismissed the accusations that Russia is acting illegitimately. He stated that even if Russia does use force in Ukraine, it would not violate international law.

At the same time he accused the United States and its allies of having no regard to legitimacy when they use military force in pursuit of their own national interests.

“When I ask them ‘Do you believe you do everything legitimately,’ they say ‘Yes.’ And I have to remind them about the US actions in Afghanistan, Iraq and Libya, where they acted either without any UN Security Council mandate or through perverting a mandate, as was the case in Libya,” Putin said.

“Our partners, especially in the United States, always clearly and formulate for themselves their geopolitical and national interests, pursue them relentlessly and then drag the rest of the world in, using the principle ‘You are either with us or against us’. And harass those refuse to be dragged in,” he added.

As for the sanctions Russia faces over Ukraine, Putin said those threatening them should think of the consequences to themselves if they follow that path. In an interconnected world a country may hurt another country if it wishes, but it would be damaged too.

Threats are counterproductive in this situation, Putin warned. He added that if G8 members choose not to go to Sochi for a planned G8 summit, that would be up to them.

(Read the full article at RT)

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Natural Gas is What Detonated the Ukraine Crisis

By Andrew McKillop
Global Research: March 03, 2014

This week the whole of the western media and geopolitical discourse reads ‘Crisis in Ukraine’, and the media juggernaut is quickly morphing into one of ‘The West vs Russia’.

Few in the western media, much less the leading political mouths in Britain, Europe and the US, are willing to address what triggered this latest geopolitical ‘crisis’. It’s better to move the public along with the threat of war narrative (much better for news ratings).

Always Smoldering – Ukraine’s Gas Debts to Russia

Defending Moscow’s December 18, 2013 agreement to provide Ukraine with an aid package estimated at about $15 billion, and cheaper natural gas through discounts and “gas debt forgiveness” estimated as able to save Ukraine $7 bn in one year, Vladimir Putin said the decision to invest $15 bn in ‘brotherly slavic’ Ukraine, and grant the gas discount was “pragmatic and based on economic facts”.

At the time, the “investment” in Ukraine was already conditional – not only on the political issue of Ukrainian loyalty to Moscow – but on Ukraine complying with previous longstanding, often revoked, modified or extended commitments to repay gas debts dating from as far back as the early 1990s. In December, Russia’s Finance minister Anton Siluanov said payment of the “aid or investment” funds to Ukraine, in tranches of about $2 bn each, would need Ukraine making a serious response to end-2013 estimates, by Russia, of the minimum “monetized gas debt” Ukraine has to pay. Siluanov’s ministry said this was about $2.7 bn, itself a large downward revision on other published figures from Russian sources, extending well above $5 bn. His ministry also published statements suggesting that Ukraine’s non-payment of gas taken and consumed by the country, since 2010, ran at a yearly average as high as $2 – $2.25 bn.

To be sure, events starting in February as the “Maidan movement” drew massive public support in the capital and western Ukraine to overthrowing the government-in-place. This was a repeat of Egypt’s anti-Morsi flash mob street revolution, followed by the Saudi-financed military coup against elected president Morsi. In Ukraine, however, the street magic stopped in the east, and especially in Crimea where 75%-85% of votes cast in the 2010 election were for Viktor Yanukovych.

To be sure, this blood-colored version of the Orange Revolution aimed at aligning Ukraine with the European Union may have scarpered further bail out payments by Moscow. Any upping of the ante, as enacted and supplied by NATO and John Kerry, could lead to Russia also making a total shutdown of gas supply to Ukraine – Kiev’s Independence Square flash mob could hope that Global Warming will shorten the winter, ease heating needs, and give Ukraine a head start for becoming a debt wracked European Union associated country – but this is far from a sure thing.

Debt, Gas Debt and Gas Prices

The national gas debt will surely feature in the round of proposals for “Ukraine bailout” being developed by the IMF, European Commission, EU member states on a bilateral basis, the US and potentially other actors, including the ECB and the UN ECE (the UN’s European economic agency), as well as private banks and energy companies. One thing is sure and certain, much higher gas prices for Ukraine are inevitable, under any scenario.

As of early January 2014, Russia’s second largest state bank, VTB, organized the first tranche of the $15 bn financial bailout, by making a $3 bn sale of Ukrainian debt bonds on the Irish Stock Exchange, guaranteed by Russia’s $88 bn sovereign-wealth National Welfare Fund, which was also tasked with financing of the $7 bn natural gas price discount and gas debt forgiveness to Ukraine in counterparty for Ukrainian starting payment of its monetized gas debt.

Current estimates of Ukraine’s total national debt stand at about $145 bn, around 80% of GDP in 2013, but late-February foreign exchange reserves were said by newswires to be only about $15 bn.

Although heavily affected by political rivalries and disputes, Yulia Tymoshenko’s two-month-only role as Ukrainian deputy prime minister responsible for fuel and energy, in 1999-2000, included her attempts at cutting back Ukraine’s constantly rising gas debt, by proposing a huge increase in gas prices inside the country. One of her proposals was for Ukraine to start paying Russia’s Gazprom $400 per thousand cubic meters (about $11 per million BTU, close to current west European prices at the major gas hubs NBP, Zeebrugge, Baumgarten).

After her “time in the political wilderness” and return to power as Prime Minister in 2007, this price was a major bargaining chip in very rocky Ukrainian negotiations with the Kremlin and Gazprom. Her supposedly “surprising” decision to pay for Ukraine’s gas through gas trading using a specially created Switzerland-based trading subsidiary, partly owned by Gazprom and major business and political figures in Ukraine – several of them “suspected of organized crime” – was a key factor in the 2009 “Ukraine-Russia gas crisis”. Tymoshenko tried a political wriggle-out by claiming there was either no outstanding Ukrainian gas debt – or that if it existed, it was now the debt of Swiss-registered company called, RusUkrEnergo.

Only for year 2008 gas deliveries, the new and additional gas debt of Ukraine towards Gazprom was estimated by analysts at about $2.4 bn. Since 2010, about the same annual rate of gas debt increase is claimed to have been racked up by Ukraine, according to Russian sources such as Alfa Bank Moscow.

Certainly at times in the long, complicated and dispute-riddled negotiations with Tymoshenko, Alexei Miller, CEO of Gazprom said his corporation could and would supply Ukraine with gas at $235 per thousand m3, but RusUkrEnergo was too attractive to Ukrainian business and political players as an opaque gas payments and trading entity able to be milked for huge kickbacks. On January 1, 2009 Russia halted all shipments of gas to Ukraine and demanded $450 per thousand m3. Then prime minister of Russia, Vladimir Putin said that $470 would be the future price, close to the 2009-price paid by many EU national gas companies “lower down the gasline”, of about $500.

Proving the extent to which this was Kremlin armtwisting of Ukraine, to make Tymoshenko close down RusUkrEnergo for reasons including this entity’s total impossibility of repaying national gas debt, when gas supplies were resumed after the crisis they were billed by Gazprom at about $230 per thousand m3, far below then-current west European gas prices, and still so, today.

Even this price was however too much to pay, for Ukraine. To be sure, inside Ukraine, especially after its government collapse and the “disappearance” of its now-fugitive (for western Ukrainians) former president Yanukovych, Russia can be portrayed as cynically allowing Ukraine to run up massive, unpayable gas debts. For Gazprom however, the euros-and-cents costs of gas supplies, trade and disputes with Ukraine over the years is a black hole for corporate finances. Some analysts suggest that only for the three years 2011-2013 Ukraine’s total gas debt could be $7 bn, and that writing this amount off (calling it a “friendship discount”), and returning to the previous $2.7 bn “official monetized gas debt” figure was pure political largesse by Vladimir Putin, aimed at buying Ukrainian loyalty.

(Read the full article at Global Research)

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Killing American free speech in just 3 days

Three rulings in three days, from three different levels of the American judicial system, and all of them aimed at suppressing free speech.

Free Speech, RIP: A Relic of the American Past

By John W. Whitehead
Rutherford Institute: March 3, 2014

“The First Amendment was intended to secure something more than an exercise in futility.”—Justice John Paul Stevens, dissenting in Minnesota Board for Community Colleges v. Knight (1984)

Living in a representative republic means that each person has the right to take a stand for what they think is right, whether that means marching outside the halls of government, wearing clothing with provocative statements, or simply holding up a sign. That’s what the First Amendment is supposed to be about.

Unfortunately, as I show in my book A Government of Wolves: The Emerging American Police State, through a series of carefully crafted legislative steps and politically expedient court rulings, government officials have managed to disembowel this fundamental freedom, rendering it with little more meaning than the right to file a lawsuit against government officials. In fact, if the court rulings handed down in the last week of February 2014 are anything to go by, the First Amendment has, for all intents and purposes, become an exercise in futility.

On February 26, the U.S. Supreme Court in a 9-0 ruling, held that anti-nuclear activist John Denis Apel could be prosecuted for staging a protest on a public road at an Air Force base, free speech claims notwithstanding, because the public road is technically government property.

Insisting that it’s not safe to display an American flag in an American public school, on February 27, the Ninth Circuit Court of Appeals ruled that school officials were justified when they ordered three students at a California public high school to cover up their patriotic apparel emblazoned with American flags or be sent home on the Mexican holiday Cinco de Mayo, allegedly out of a concern that it might offend Hispanic students.

On February 28, a federal court dismissed Marine veteran Brandon Raub’s case. Despite the fact that Raub was interrogated by Secret Service agents, handcuffed, arrested, subjected to a kangaroo court, and locked up in a mental facility for posting song lyrics and statements on Facebook critical of the government—a clear violation of his free speech rights—the court ruled that Raub’s concerns about the government were far-fetched and merited such treatment.

There you have it: three rulings in three days, from three different levels of the American judicial system, and all of them aimed at suppressing free speech. Yet what most people fail to understand is that these cases are not merely about the citizenry’s right to freely express themselves. Rather, these cases speak to the citizenry’s right to express their concerns about their government to their government, in a time, place and manner best suited to ensuring that those concerns are heard.

The First Amendment gives every American the right to “petition his government for a redress of grievances.” This amounts to so much more than filing a lawsuit against the government. It works hand in hand with free speech to ensure, as Adam Newton and Ronald K.L. Collins report for the Five Freedoms Project, “that our leaders hear, even if they don’t listen to, the electorate. Though public officials may be indifferent, contrary, or silent participants in democratic discourse, at least the First Amendment commands their audience.”

The challenge we face today, however, is that government officials have succeeded in insulating themselves from their constituents, making it increasingly difficult for average Americans to make themselves seen or heard by those who most need to hear what “we the people” have to say. Indeed, while lobbyists mill in and out of the White House and the homes and offices of Congressmen, the American people are kept at a distance through free speech zones, electronic town hall meetings, and security barriers. And those who dare to breach the gap—even through silent forms of protest—are arrested for making their voices heard.

(Read the full article at Rutherford Institute)

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What Invasion? Ukraine President Requested Russian Assistance

Bombshell: Ukraine President Requested Russian Assistance

By Daniel McAdams
The Ron Paul Institute for Peace and Prosperity: March 3, 2014

Today in an emergency meeting of the UN Security Council, Russian Ambassador to the UN Vitaly Churkin dropped a bombshell: President Viktor Yanukovich had sent a letter to Russian President Vladimir Putin requesting Russian military assistance to restore law and order in Ukraine.

Churkin read the letter from Yanukovich to Putin:

“People are being persecuted for language and political reasons. So in this regard I would call on the President of Russia, Mr. Putin, asking him to use the armed forces of the Russian Federation to establish legitimacy, peace, law and order, stability and defending the people of Ukraine.”

Yanukovich, for his faults, weaknesses, incompetence, etc., is nevertheless the legitimately elected president of Ukraine. He was not legally impeached according to the Ukrainian Constitution and he has asserted that he remains Ukraine’s legal president.

The US and EU claim that Russia has “invaded” Ukraine (never mind that we have seen no signs of any significant Russian military activity at all). However, if assistance was requested by a legitimate leader to put down what it viewed as an extremist coup and that assistance was given by a willing ally, the charge of illegal invasion becomes much more dicey. The US has deployed its military repeatedly overseas (invited and uninvited) to assist local governments in fighting terrorism.

Ever the tin-ear, however, US Ambassador to the UN Samantha Power followed Ambassador Churkin’s bombshell with one of the US’s most aggressive statements to date:

“It is a fact that today Russian jets entered Ukrainian airspace. Russia military action is a violation of international law. Russian military bases in Ukraine are secure. Russian mobilization is a response to an imaginary threat. Military action can not be justified on the basis of threats that haven’t been made or aren’t being carried out. Russia needs to engage directly with the government of Ukraine.”

Perhaps it was too late to ask for a new draft speech, or perhaps the US will simply ignore this significant new development.

Whatever the case, the Europeans are “going wobbly” on the US administration’s demands for punishing action against Russia. The Germans are beating a retreat from early calls to kick Russia out of the G8. German Foreign Minister Frank-Walter Steinmeier yesterday argued against kicking Russia out of the G8, and according to the Wall Street Journal the German government is opposed to any sanctions on Russia

And the BBC is reporting that:

“The [UK] government will not curb trade with Russia or close London’s financial centre to Russians as part of any possible package of sanctions against Moscow, according to an official document.”

The Chinese, who have major business interests in Ukraine, have expressed agreement today with Russia’s recent actions.

(Read the full article at The Ron Paul Institute for Peace and Prosperity)

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Police Hide Warrantless Phone Tracking From Courts

Police Hide Use of Cell Phone Tracker From Courts Because Manufacturer Asked

By Nathan Freed Wessler
ACLU: March 3, 2014

It appears that at least one police department in Florida has failed to tell judges about its use of a cell phone tracking device because the department got the device on loan and promised the manufacturer to keep it all under wraps. But when police use invasive surveillance equipment to surreptitiously sweep up information about the locations and communications of large numbers of people, court oversight and public debate are essential. The devices, likely made by the Florida-based Harris Corporation, are called “stingrays,” and unfortunately this is not the first time the government has tried to hide their use.

So the ACLU and ACLU of Florida have teamed up to break through the veil of secrecy surrounding stingray use by law enforcement in the Sunshine State, last week filing a motion for public access to sealed records in state court, and submitting public records requests to nearly 30 police and sheriffs’ departments across Florida seeking information about their acquisition and use of stingrays (examples here and here).

Also known as “cell site simulators,” stingrays impersonate cell phone towers, prompting phones within range to reveal their precise locations and information about all of the calls and text messages they send and receive. When in use, stingrays sweep up information about innocent people and criminal suspects alike.

The power of stingrays, and the lengths to which police will go to conceal their use, are demonstrated by an ongoing case in Florida, State v. Thomas. As revealed in a recent opinion of a Florida appeals court, Tallahassee police used an unnamed device — almost certainly a stingray — to track a stolen cell phone to a suspect’s apartment. (The case’s association with stingrays was first pointed out by CNET’s Declan McCullagh in January). They then knocked on the door, asked permission to enter and, when the suspect’s girlfriend refused, forced their way inside, conducted a search, and arrested the suspect in his home. Police opted not to get warrants authorizing either their use of the stingray or the apartment search. Incredibly, this was apparently because they had signed a nondisclosure agreement with the company that gave them the device. The police seem to have interpreted the agreement to bar them even from revealing their use of stingrays to judges, who we usually rely on to provide oversight of police investigations.

When the suspect’s lawyer tried to ask police how they tracked the phone to his client’s house, the government refused to answer. A judge eventually forced the government to explain its conduct to the lawyer, but only after closing the courtroom to the public and sealing the transcript of the proceedings so the public and the press could never read it. Only later, when the case was heard on appeal, did the most jaw-dropping fact leak out. As two judges noted during the oral argument, as of 2010 the Tallahassee Police Department had used stingrays a staggering 200 times without ever disclosing their use to a judge to get a warrant.

Potentially unconstitutional government surveillance on this scale should not remain hidden from the public just because a private corporation desires secrecy. And it certainly should not be concealed from judges.

(read the full article at ACLU)

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Hypocrite Kerry tells Russia ‘you don’t invade a country on completely phony pretexts’

By AlternativeFreePress.com

It appears that the US Secretary of State has a poor memory, or at least a selective one, seemingly forgetting the recent US invasions of Iraq, Afghanistan & Libya.

“You just don’t invade another country on phony pretext in order to assert your interests,” John Kerry said during an interview with NBC’s Meet the Press. “This is an act of aggression that is completely trumped up in terms of its pretext. It’s really 19th-century behavior in the 21st century”

A report prepared in 2006 at the direction of Rep. John Conyers, Jr. concluded that “members of the Bush Administration misstated, overstated, and manipulated intelligence with regards to linkages between Iraq and Al Qaeda; the acquisition of nuclear weapons by Iraq; the acquisition of aluminum tubes to be used as uranium centrifuges; and the acquisition of uranium from Niger.” and further that they were “making false and misleading statements about Iraq’s attempt to acquire nuclear weapons, the record shows the Bush Administration must have known these statements conflicted with known international and domestic intelligence at the time.” and “these misstatements were in contradiction of known countervailing intelligence information, and were the result of political pressure and manipulation.” It appears clear that the US invaded Iraq on completely phony pretexts.

In October 2001, the United States rejected more than one offer by Afghanistan’s ruling Taliban to turn over Osama bin Laden for trial in a third country if they would stop the air attacks and could provide evidence against bin Laden. It appears the US was more interested in using fear of bin Laden to justify military force rather than actually capture the man who had been their intelligence asset for years.

Even if we ignore the US administration’s lack of desire to capture Osama bin Laden in 2001, Marjorie Cohn in ‘Afghanistan: The Other Illegal War’ for Alternet argues that: “The invasion of Afghanistan was not legitimate self-defense under article 51 of the charter because the attacks on Sept. 11 were criminal attacks, not ‘armed attacks’ by another country. Afghanistan did not attack the United States. In fact, 15 of the 19 hijackers came from Saudi Arabia. Furthermore, there was not an imminent threat of an armed attack on the United States after Sept. 11, or Bush would not have waited three weeks before initiating his October 2001 bombing campaign. The necessity for self-defense must be ‘instant, overwhelming, leaving no choice of means, and no moment for deliberation.’ This classic principle of self-defense in international law has been affirmed by the Nuremberg Tribunal and the U.N. General Assembly.”

Regarding Libya, Alan J. Kuperman in a 2011 op-ed for the Boston Globe entitled “False pretense for war in Libya?” concludes that “Evidence is now in that President Barack Obama grossly exaggerated the humanitarian threat to justify military action in Libya.” and “It is hard to know whether the White House was duped by the rebels or conspired with them to pursue regime-change on bogus humanitarian grounds. In either case, intervention quickly exceeded the UN mandate of civilian protection by bombing Libyan forces in retreat or based in bastions of Khadafy support, such as Sirte, where they threatened no civilians.”

Of course, the US is in many more countries than just these. Democracy Now pointed out in 2012: “U.S. Army teams will be deploying to as many as 35 African countries early next year for training programs and other operations as part of an increased Pentagon role in Africa. The move would see small teams of U.S. troops dispatched to countries with groups allegedly linked to al-Qaeda, such as Libya, Sudan, Algeria and Niger. The teams are from a U.S. brigade that has the capability to use drones for military operations in Africa if granted permission. The deployment could also potentially lay the groundwork for future U.S. military intervention in Africa.”

You don’t invade a country on completely phony pretexts, unless you are the United States or a US ally.

Sources for this article:

1. NBC’s MEET THE PRESS: March 2, 2014 http://www.nbcnews.com/meet-the-press/meet-press-transcript-march-2-2014-n42471

2. Iraq: A War of Aggression. No WMDs, No Connection to Al Qaeda http://www.globalresearch.ca/iraq-a-war-of-aggression-no-wmds-no-connection-to-al-qaeda/5327548

3. U.S. Rejects New Taliban Offer http://abcnews.go.com/International/story?id=80482&page=1#.T4tKU6tDySo

4. Afghanistan: The Other Illegal War http://www.alternet.org/story/93473/afghanistan%3A_the_other_illegal_war

5. U.S. Army Teams Heading to 35 African Countries http://www.democracynow.org/2012/12/26/headlines

Written by Alternative Free Press
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