Thursday, March 27, 2014

Abu Ghaith Trial

some thoughts on the Abu Ghaith trial.


Abu Ghaith was convicted today of material support for terrorism because he spoke "on behalf" of Al Qaeda after 9/11.


NYT article and video--The video must also be watched, where Stanley Cohen says if this was about words, then Congress could be tried as well for incendiary statements!!

Why this case is important
Sulaiman Abu Ghaith, was the most senior Bin Laden confederate to be tried in a civilian court in the United States since Sept. 11, and his swift conviction on all counts would seem to serve as a rejoinder to critics of the Obama administration’s efforts to try suspected terrorists in civilian courts, rather than before a military tribunal.


Brief Facts on the case from LA Times

Just Security cites this case as why GITMO should close and military commisions should end.


Andy Worthington's article on Abu Ghaith's testimony  link
 
Some key points:



continued

continued


continued



So Abu Ghaith testified that he was delivering a message about the right of self defense when attacked and oppressed, and Judge Kaplan said that he will charge the jury to hold Ghaith responsible for all of Al Qaeda's activities since 1998, even though Ghaith was only speaking "for" Al Qaeda for one year.
 said, I don’t have any military expertise to tell you what’s going to happen.
I said, Politically, I said, America, if it was proven that you were the one who did this, will not settle until it accomplishes two things: To kill you and topple the state of Taliban.
- See more at: http://www.andyworthington.co.uk/2014/03/23/sulaiman-abu-ghaiths-unexpected-testimony-in-new-york-terrorism-trial/#sthash.iobTu046.dpuf
I said, I don’t have any military expertise to tell you what’s going to happen.
I said, Politically, I said, America, if it was proven that you were the one who did this, will not settle until it accomplishes two things: To kill you and topple the state of Taliban.
- See more at: http://www.andyworthington.co.uk/2014/03/23/sulaiman-abu-ghaiths-unexpected-testimony-in-new-york-terrorism-trial/#sthash.iobTu046.dpuf
I said, I don’t have any military expertise to tell you what’s going to happen.
I said, Politically, I said, America, if it was proven that you were the one who did this, will not settle until it accomplishes two things: To kill you and topple the state of Taliban.
- See more at: http://www.andyworthington.co.uk/2014/03/23/sulaiman-abu-ghaiths-unexpected-testimony-in-new-york-terrorism-trial/#sthash.iobTu046.dpuf
I said, I don’t have any military expertise to tell you what’s going to happen.
I said, Politically, I said, America, if it was proven that you were the one who did this, will not settle until it accomplishes two things: To kill you and topple the state of Taliban.
- See more at: http://www.andyworthington.co.uk/2014/03/23/sulaiman-abu-ghaiths-unexpected-testimony-in-new-york-terrorism-trial/#sthash.iobTu046.dpuf
I said, I don’t have any military expertise to tell you what’s going to happen.
I said, Politically, I said, America, if it was proven that you were the one who did this, will not settle until it accomplishes two things: To kill you and topple the state of Taliban.
- See more at: http://www.andyworthington.co.uk/2014/03/23/sulaiman-abu-ghaiths-unexpected-testimony-in-new-york-terrorism-trial/#sthash.iobTu046.dpuf
After the verdict, defense lawyers said they would appeal the decision, which could sentence Ghaith to life in prison.

If Abu Ghaith is guilty because of speech, then so could many other people who Americans consider heroes, or at least are controversial, but not tried on charges of material support for terrorism and conspiracy to kill Americans.

side note I recommend the documentary "Control Room" about Al Jazeera, from 2003, in which an American solider in Iraq talks with reporters for Al Jazeera, and shows the real face of what was considered "Al Qaeda's news network" since they would air bin Laden videos and messages. There was a great discussion about showing the bodies of American soldiers who had been killed, on TV, and how distressing that was to Americans.  The reporter points out the hypocrisy, saying American media shows dead Arabs and Muslims all the time, without giving it a second thought---it is only when it is your citizens that you care and feel outrage.

Martin Luther King Jr, Robert Kennedy, Reverend Jeremiah Wright, Ward Churchill, Nelson Mandela, Jane Fonda, and countless other human rights groups, defense lawyers, clergy, professors, politicians and activists have spoken about understanding our enemies, changing our foreign policy, exposing lies the government tells, and preaching for peace.  How many could be tried for "material support of America's enemies" or "helping to kill Americans" ???

Is everyone who said "support our troops" guilty in killing or aiding those who killed thousands of innocent civilians killed in Iraq and Afghanistan??

Martin Luther King spoke out against the Vietnam war, and spoke about understanding our enemies. The same can be said about Iraq, Afghanistan, and many countries in the Middle East and around the world.  Violence and terrorism is not the answer, but our enemies have real policies that America does in the name of its citizens that are abhorrent if we really paid attention.

Could we try Martin Luther King for "providing support to our enemies and conspiring to kill Americans" ???

Here are some key points---It is an amazing speech

Even when pressed by the demands of inner truth, men do not easily assume the task of opposing their government's policy, especially in time of war. 

And so we watch them in brutal solidarity burning the huts of a poor village

(when I preach nonviolence) They ask if our own nation wasn't using massive doses of violence to solve its problems, to bring about the changes it wanted.

I knew that I could never again raise my voice against the violence of the oppressed in the ghettos without having first spoken clearly to the greatest purveyor of violence in the world today -- my own government.

(to save the soul of America we) are led down the path of protest and dissent, working for the health of our land.

(as a preacher of Christ) Can I threaten them with death or must I not share with them my life?

They must see Americans as strange liberators.

The only change came from America, as we increased our troop commitments in support of governments which were singularly corrupt, inept, and without popular support.

they received the regular promises of peace and democracy and land reform. Now they languish under our bombs and consider us, not their fellow Vietnamese, the real enemy.

They watch as we poison their water, as we kill a million acres of their crops. They must weep as the bulldozers roar through their areas preparing to destroy the precious trees. They wander into the hospitals with at least twenty casualties from American firepower for one Vietcong-inflicted injury. So far we may have killed a million of them, mostly children. 

What do they think as we test out our latest weapons on them, just as the Germans tested out new medicine and new tortures in the concentration camps of Europe?

Could we blame them for such thoughts? We must speak for them and raise the questions they cannot raise. These, too, are our brothers.

How can they trust us when now we charge them with violence after the murderous reign of Diem and charge them with violence while we pour every new weapon of death into their land? Surely we must understand their feelings, even if we do not condone their actions. Surely we must see that the men we supported pressed them to their violence. Surely we must see that our own computerized plans of destruction simply dwarf their greatest acts. (emphasis mine)

Here is the true meaning and value of compassion and nonviolence, when it helps us to see the enemy's point of view, to hear his questions, to know his assessment of ourselves. For from his view we may indeed see the basic weaknesses of our own condition, and if we are mature, we may learn and grow and profit from the wisdom of the brothers who are called the opposition. 

King understood that understanding our enemy is the true key to supporting our troops
I have tried in these last few minutes to give a voice to the voiceless in Vietnam and to understand the arguments of those who are called "enemy," I am as deeply concerned about our own troops there as anything else.


I speak as a citizen of the world, for the world as it stands aghast at the path we have taken. I speak as one who loves America, to the leaders of our own nation: The great initiative in this war is ours; the initiative to stop it must be ours.


As King spoke in 1967 against the war in Vietnam, he foresaw a future of many more battles
if we ignore this sobering reality, we will find ourselves organizing "clergy and laymen concerned" committees for the next generation. They will be concerned about Guatemala -- Guatemala and Peru. They will be concerned about Thailand and Cambodia. They will be concerned about Mozambique and South Africa. We will be marching for these and a dozen other names and attending rallies without end, unless there is a significant and profound change in American life and policy. (emphasis mine)   

As the jury found Abu Ghaith guilty, should we find JFK guilty of inciting violence??
the words of the late John F. Kennedy come back to haunt us. Five years ago he said, "Those who make peaceful revolution impossible will make violent revolution inevitable." Increasingly, by choice or by accident, this is the role our nation has taken

I will end quoting from Martin Luther King's great speech (my favorite speech ever) with King tying together the fight against racism, poverty and militarism
When machines and computers, profit motives and property rights, are considered more important than people, the giant triplets of racism, extreme materialism, and militarism are incapable of being conquered.....A true revolution of values will soon cause us to question the fairness and justice of many of our past and present policies......True compassion is more than flinging a coin to a beggar. It comes to see that an edifice which produces beggars needs restructuring.

If all we say is "we are right and they are wrong" then we are wrong and they are right.
The Western arrogance of feeling that it has everything to teach others and nothing to learn from them is not just.


MLK "aides communists" !!!
Communism will never be defeated by the use of atomic bombs or nuclear weapons.

"These are revolutionary times. All over the globe men are revolting against old systems of exploitation and oppression, and out of the wounds of a frail world, new systems of justice and equality are being born."

MLK supports those revolting against America!!! 
We in the West must support these revolutions.

MLK supports communists!!! 
It is a sad fact that because of comfort, complacency, a morbid fear of communism, and our proneness to adjust to injustice, the Western nations that initiated so much of the revolutionary spirit of the modern world have now become the arch antirevolutionaries. This has driven many to feel that only Marxism has a revolutionary spirit. Therefore, communism is a judgment against our failure to make democracy real and follow through on the revolutions that we initiated. (emphasis mine)

We cannot hate our enemies into surrender, we must understand their concerns, and truly live our ideals of freedom, democracy and justice
We can no longer afford to worship the god of hate or bow before the altar of retaliation. The oceans of history are made turbulent by the ever-rising tides of hate. And history is cluttered with the wreckage of nations and individuals that pursued this self-defeating path of hate.

We still have a choice today: nonviolent coexistence or violent coannihilation.....If we do not act, we shall surely be dragged down the long, dark, and shameful corridors of time reserved for those who possess power without compassion, might without morality, and strength without sight.
  

Ward Churchill controversy Wikipedia
Professor Ward Churchill wrote in an essay
On the morning of September 11, 2001, a few more chickens – along with some half-million dead Iraqi children – came home to roost in a very big way at the twin towers of New York's World Trade Center. Well, actually, a few of them seem to have nestled in at the Pentagon as well.

These are some statements of support he got.


Reverand Jeremiah Wright Wikipedia

"No, no, no, not God Bless America. God damn America"

"We bombed Hiroshima, we bombed Nagasaki, and we nuked far more than the thousands in New York and the Pentagon, and we never batted an eye... and now we are indignant, because the stuff we have done overseas is now brought back into our own front yards. America's chickens are coming home to roost."


 On January 15, 2014 Rev Wright was back in the news for saying
While Dr. Martin Luther King, Jr. is remembered for saying “I have a dream,” Wright suggested Obama’s legacy could be boiled down to “I have a drone.”
 

Jane Fonda goes to Vietnam and Hanoi

http://www.janefonda.com/the-truth-about-my-trip-to-hanoi/

Little known is the fact that almost 300 Americans—journalists, diplomats, peace activists, professors, religious leaders and Vietnam Veterans themselves—had been traveling to North Vietnam over a number of years in an effort to try and find ways to end the war (By the way, those trips generated little if any media attention.) I brought with me to Hanoi a thick package of letters from families of POWs. Since 1969, mail for the POWs had been brought in and out of North Vietnam every month by American visitors. The Committee of Liaison With Families coordinated this effort. I took the letters to the POWs and brought a packet of letters from them back to their families.

The Photo of Me on the Gun Site.

There is one thing that happened while in North Vietnam that I will regret to my dying day— I allowed myself to be photographed on a Vietnamese anti-aircraft gun.

continued 
So Why I Did I Go?
On May 8th, 1972, President Nixon had ordered underwater, explosive mines to be placed in Haiphong Harbor, something that had been rejected by previous administrations. Later that same month, reports began to come in from European scientists and diplomats that the dikes of the Red River Delta in North Vietnam were being targeted by U.S. planes. The Swedish ambassador to Vietnam reported to an American delegation in Hanoi that he had at first believed the bombing was accidental, but now, having seen the dikes with his own eyes, he was convinced it was deliberate.
I might have missed the significance of these reports had Tom Hayden, whom I was dating, not shown me what the recently released Pentagon Papers had to say on the subject: in 1966, Assistant Secretary of Defense John McNaughton, searching for some new means to bring Hanoi to its knees, had proposed destroying North Vietnam’s system of dams and dikes, which, he said, “If handled right- might…offer promise…such destruction does not kill or drown people. By shallow-flooding the rice, it leads after a time to widespread starvation (more than a million?) unless food is provided—which we could offer to do at the conference table.”[1] President Johnson, to his credit, had not acted upon this option.
Now, six years later, Richard Nixon appeared to have given orders to target the dikes—whether to actually destroy them[2] or to demonstrate the threat of destruction, no one knew.
 
When Nelson Mandela died in December, many around the world praised him as an "icon of peace" who fought against apartheid----but what was ignored by most, not unusual in the Mainstream media or when someone dies, is the truth of the legacy of Mandela and why he was in jail for 27 years---bombings and acts of sabotage against an oppressive government.

My blog post on Mandela shows how he was portrayed as "revered worldwide for leading the anti-apartheid movement" while his violent tactics were ignored by most, and as Obama praised his "hero" while sentencing the PayPal 14 for nonviolent dissent, and has waged a war on whistleblowers who leak documents (nonviolent) and journalists and activists who nonviolently protest US government policies at home and abroad.





Monday, January 20, 2014

MLK 2014

Happy Birthday Martin Luther King Jr!!!

So "Beyond Vietnam" is probably my favorite speech of all time, and here is why---he is directly linking all injustices together, and reaffirming the call to action against any injustice, almost calling for open revolution at the end, if nothing else will work.

A stark difference from Obama, who claims MLK as a hero, and certainly as he says without whom he wouldn't be president, while ignoring MLK's larger record (at least publicly) instead only using "fierce urgency of now" as a usual refrain in his speeches. Today, in "honor" of MLK Obama will surprisingly, NOT tell the public what he is doing.....
Monday is a day of commemoration for President Obama.
The president and first lady Michelle Obama will participate in a community service event to honor civil rights icon Martin Luther King Jr. on the federal holiday that bears King's name.
Officials have not said what the event will be.
At 3pm The White House on Twitter sent this tweet telling us what Obama was doing--- serving meals at DC Central Kitchen

more White House staff and Cabinet members also tweeted service projects

Arne Duncan
Joe Biden
Penny Pritzker Commerce Secretary

I would prefer that our government follow King's words instead of superficial "days of service" painting in poor neighborhoods or serving at food kitchens, although it's a nice gesture.

""True compassion is more than flinging a coin to a beggar; it is not haphazard and superficial. It comes to see that an edifice that produces beggars needs restructuring.""


The White House is calling 2014 "Year of Citizen Action" link

Last year in honor of the 50th anniversary of the "I Have a Dream"  speech, the Dream Defenders were not invited, told there wasn't enough time (this is my favorite speech of 2013, along with Malala's speech to Obama)
Cornell West says the same, saying he wanted to talk about drone strikes


A look behind the speech and reactions link
"it was the most controversial speech he ever gave."
"168 major newspapers the next day denounced him." Not only that, but then-President Lyndon Johnson disinvited King to the White House."



Here are some of my key phrases from the speech

"A time comes when silence is betrayal." And that time has come for us in relation to Vietnam.

Even when pressed by the demands of inner truth, men do not easily assume the task of opposing their government's policy, especially in time of war.

for such questions mean that the inquirers have not really known me, my commitment or my calling. Indeed, their questions suggest that they do not know the world in which they live.

I come to this platform tonight to make a passionate plea to my beloved nation.

there was a real promise of hope for the poor -- both black and white -- through the poverty program. There were experiments, hopes, new beginnings. Then came the buildup in Vietnam, and I watched this program broken and eviscerated.

So, I was increasingly compelled to see the war as an enemy of the poor and to attack it as such.

I could not be silent in the face of such cruel manipulation of the poor.

I have told them that Molotov cocktails and rifles would not solve their problems.

I could never again raise my voice against the violence of the oppressed in the ghettos without having first spoken clearly to the greatest purveyor of violence in the world today -- my own government.

I cannot forget that the Nobel Peace Prize was also a commission, a commission to work harder than I had ever worked before for "the brotherhood of man."

They must see Americans as strange liberators.

Surely we must understand their feelings, even if we do not condone their actions.

It is with such activity in mind that the words of the late John F. Kennedy come back to haunt us. Five years ago he said, "Those who make peaceful revolution impossible will make violent revolution inevitable."

we must rapidly begin the shift from a thing-oriented society to a person-oriented society. When machines and computers, profit motives and property rights, are considered more important than people, the giant triplets of racism, extreme materialism, and militarism are incapable of being conquered.

It is a sad fact that because of comfort, complacency, a morbid fear [of communism], and our proneness to adjust to injustice, the Western nations that initiated so much of the revolutionary spirit of the modern world have now become the arch antirevolutionaries.



FULL SPEECH HERE
Mr. Chairman, ladies and gentlemen:
I need not pause to say how very delighted I am to be here tonight, and how very delighted I am to see you expressing your concern about the issues that will be discussed tonight by turning out in such large numbers. I also want to say that I consider it a great honor to share this program with Dr. Bennett, Dr. Commager, and Rabbi Heschel, and some of the distinguished leaders and personalities of our nation. And of course it’s always good to come back to Riverside church. Over the last eight years, I have had the privilege of preaching here almost every year in that period, and it is always a rich and rewarding experience to come to this great church and this great pulpit.
I come to this magnificent house of worship tonight because my conscience leaves me no other choice. I join you in this meeting because I'm in deepest agreement with the aims and work of the organization which has brought us together: Clergy and Laymen Concerned About Vietnam. The recent statements of your executive committee are the sentiments of my own heart, and I found myself in full accord when I read its opening lines:

"A time comes when silence is betrayal."  

And that time has come for us in relation to Vietnam.
The truth of these words is beyond doubt, but the mission to which they call us is a most difficult one.  
Even when pressed by the demands of inner truth, men do not easily assume the task of opposing their government's policy, especially in time of war. 
Nor does the human spirit move without great difficulty against all the apathy of conformist thought within one's own bosom and in the surrounding world. Moreover, when the issues at hand seem as perplexing as they often do in the case of this dreadful conflict, we are always on the verge of being mesmerized by uncertainty; but we must move on.
And some of us who have already begun to break the silence of the night have found that the calling to speak is often a vocation of agony, but we must speak.

We must speak with all the humility that is appropriate to our limited vision, but we must speak. And we must rejoice as well, for surely this is the first time in our nation's history that a significant number of its religious leaders have chosen to  
move beyond the prophesying of smooth patriotism to the high grounds of a firm dissent based upon the mandates of conscience and the reading of history. 
Perhaps a new spirit is rising among us. If it is, let us trace its movements and pray that our own inner being may be sensitive to its guidance, for we are deeply in need of a new way beyond the darkness that seems so close around us.

Over the past two years, as I have moved to break the betrayal of my own silences and to speak from the burnings of my own heart, as I have called for radical departures from the destruction of Vietnam, many persons have questioned me about the wisdom of my path. At the heart of their concerns this query has often loomed large and loud: "Why are you speaking about the war, Dr. King?" "Why are you joining the voices of dissent?" "Peace and civil rights don't mix," they say. "Aren't you hurting the cause of your people," they ask? And when I hear them, though I often understand the source of their concern, I am nevertheless greatly saddened, for such questions mean that the inquirers have not really known me, my commitment or my calling. Indeed, their questions suggest that they do not know the world in which they live.


In the light of such tragic misunderstanding, I deem it of signal importance to try to state clearly, and I trust concisely, why I believe that the path from Dexter Avenue Baptist Church -- the church in Montgomery, Alabama, where I began my pastorate -- leads clearly to this sanctuary tonight.

I come to this platform tonight to make a passionate plea to my beloved nation. 
This speech is not addressed to Hanoi or to the National Liberation Front. It is not addressed to China or to Russia. Nor is it an attempt to overlook the ambiguity of the total situation and the need for a collective solution to the tragedy of Vietnam. Neither is it an attempt to make North Vietnam or the National Liberation Front paragons of virtue, nor to overlook the role they must play in the successful resolution of the problem. While they both may have justifiable reasons to be suspicious of the good faith of the United States, life and history give eloquent testimony to the fact that  
conflicts are never resolved without trustful give and take on both sides.


Tonight, however, I wish not to speak with Hanoi and the National Liberation Front, but rather to my fellow Americans.  Since I am a preacher by calling, I suppose it is not surprising that I have seven major reasons for bringing Vietnam into the field of my moral vision.  
There is at the outset a very obvious and almost facile connection between the war in Vietnam and the struggle I, and others, have been waging in America. 
A few years ago there was a shining moment in that struggle. It seemed as if 

there was a real promise of hope for the poor -- both black and white -- through the poverty program. There were experiments, hopes, new beginnings. Then came the buildup in Vietnam, and I watched this program broken and eviscerated, as if it were some idle political plaything of a society gone mad on war, and I knew that America would never invest the necessary funds or energies in rehabilitation of its poor so long as adventures like Vietnam continued to draw men and skills and money like some demonic destructive suction tube. 
So, I was increasingly compelled to see the war as an enemy of the poor and to attack it as such.

Perhaps a more tragic recognition of reality took place when  
it became clear to me that the war was doing far more than devastating the hopes of the poor at home
It was sending their sons and their brothers and their husbands to fight and to die in extraordinarily high proportions relative to the rest of the population. We were taking the black young men who had been crippled by our society and sending them eight thousand miles away to guarantee liberties in Southeast Asia which they had not found in southwest Georgia and East Harlem
And so we have been repeatedly faced with the cruel irony of watching Negro and white boys on TV screens as they  
kill and die together for a nation that has been unable to seat them together in the same schools. 
And so we watch them in brutal solidarity burning the huts of a poor village, but we realize that they would hardly live on the same block in Chicago.  
I could not be silent in the face of such cruel manipulation of the poor.

My third reason moves to an even deeper level of awareness, for it grows out of my experience in the ghettoes of the North over the last three years -- especially the last three summers. As I have walked among the desperate, rejected, and angry young men, I have told them that Molotov cocktails and rifles would not solve their problems. I have tried to offer them my deepest compassion while maintaining my conviction that social change comes most meaningfully through nonviolent action. But they ask -- and rightly so -- what about Vietnam? They ask if our own nation wasn't using massive doses of violence to solve its problems, to bring about the changes it wanted. Their questions hit home, and

I knew that I could never again raise my voice against the violence of the oppressed in the ghettos without having first spoken clearly to the greatest purveyor of violence in the world today -- my own government. 

For the sake of those boys, for the sake of this government, for the sake of the hundreds of thousands trembling under our violence, I cannot be silent.
For those who ask the question, "Aren't you a civil rights leader?" and thereby mean to exclude me from the movement for peace, I have this further answer. In 1957 when a group of us formed the Southern Christian Leadership Conference, we chose as our motto: "To save the soul of America."
 We were convinced that we could not limit our vision to certain rights for black people, but instead affirmed the conviction that America would never be free or saved from itself until the descendants of its slaves were loosed completely from the shackles they still wear. In a way we were agreeing with Langston Hughes, that black bard of Harlem, who had written earlier:
O, yes,
I say it plain,
America never was America to me,
And yet I swear this oath --
America will be!
Now, it should be incandescently clear that no one who has any concern for the integrity and life of America today can ignore the present war. If America's soul becomes totally poisoned, part of the autopsy must read: Vietnam.  
It can never be saved so long as it destroys the deepest hopes of men the world over. So it is that those of us who are yet determined that America will be -- are -- are led down the path of protest and dissent, working for the health of our land.

As if the weight of such a commitment to the life and health of America were not enough, another burden of responsibility was placed upon me in 19541; and 

I cannot forget that the Nobel Peace Prize was also a commission, a commission to work harder than I had ever worked before for "the brotherhood of man." 

This is a calling that takes me beyond national allegiances, but even if it were not present I would yet have to live with the meaning of my commitment to the ministry of Jesus Christ. To me the relationship of this ministry to the making of peace is so obvious that I sometimes marvel at those who ask me why I'm speaking against the war. Could it be that they do not know that the good news was meant for all men -- for Communist and capitalist, for their children and ours, for black and for white, for revolutionary and conservative? 

Have they forgotten that my ministry is in obedience to the One who loved his enemies so fully that he died for them? What then can I say to the Vietcong or to Castro or to Mao as a faithful minister of this One?  
Can I threaten them with death or must I not share with them my life?
And finally, as I try to explain for you and for myself the road that leads from Montgomery to this place I would have offered all that was most valid if I simply said that I must be true to my conviction that I share with all men the calling to be a son of the living God. Beyond the calling of race or nation or creed is this vocation of sonship and brotherhood, and because I believe that the Father is deeply concerned especially for his suffering and helpless and outcast children, I come tonight to speak for them.
This I believe to be the privilege and the burden of all of us who deem ourselves bound by allegiances and loyalties which are broader and deeper than nationalism and which go beyond our nation's self-defined goals and positions. We are called to speak for the weak, for the voiceless, for the victims of our nation and for those it calls "enemy," for no document from human hands can make these humans any less our brothers.
And as I ponder the madness of Vietnam and search within myself for ways to understand and respond in compassion, my mind goes constantly to the people of that peninsula. I speak now not of the soldiers of each side, not of the ideologies of the Liberation Front, not of the junta in Saigon, but simply of the people who have been living under the curse of war for almost three continuous decades now. I think of them, too, because it is clear to me that there will be no meaningful solution there until some attempt is made to know them and hear their broken cries.

They must see Americans as strange liberators. The Vietnamese people proclaimed their own independence in 1954 -- in 1945 rather -- after a combined French and Japanese occupation and before the communist revolution in China. They were led by Ho Chi Minh. Even though they quoted the American Declaration of Independence in their own document of freedom, we refused to recognize them. Instead, we decided to support France in its reconquest of her former colony. Our government felt then that the Vietnamese people were not ready for independence, and we again fell victim to the deadly Western arrogance that has poisoned the international atmosphere for so long. With that tragic decision we rejected a revolutionary government seeking self-determination and a government that had been established not by China -- for whom the Vietnamese have no great love -- but by clearly indigenous forces that included some communists. For the peasants this new government meant real land reform, one of the most important needs in their lives.

For nine years following 1945 we denied the people of Vietnam the right of independence. For nine years we vigorously supported the French in their abortive effort to recolonize Vietnam. Before the end of the war we were meeting eighty percent of the French war costs. Even before the French were defeated at Dien Bien Phu, they began to despair of their reckless action, but we did not. We encouraged them with our huge financial and military supplies to continue the war even after they had lost the will. Soon we would be paying almost the full costs of this tragic attempt at recolonization.

After the French were defeated, it looked as if independence and land reform would come again through the Geneva Agreement. But instead there came the United States, determined that Ho should not unify the temporarily divided nation, and the peasants watched again as we supported one of the most vicious modern dictators, our chosen man, Premier Diem. The peasants watched and cringed as Diem ruthlessly rooted out all opposition, supported their extortionist landlords, and refused even to discuss reunification with the North. The peasants watched as all this was presided over by United States' influence and then by increasing numbers of United States troops who came to help quell the insurgency that Diem's methods had aroused. When Diem was overthrown they may have been happy, but the long line of military dictators seemed to offer no real change, especially in terms of their need for land and peace.

The only change came from America, as we increased our troop commitments in support of governments which were singularly corrupt, inept, and without popular support. All the while the people read our leaflets and received the regular promises of peace and democracy and land reform. Now they languish under our bombs and consider us, not their fellow Vietnamese, the real enemy. They move sadly and apathetically as we herd them off the land of their fathers into concentration camps where minimal social needs are rarely met. They know they must move on or be destroyed by our bombs.

So they go, primarily women and children and the aged. They watch as we poison their water, as we kill a million acres of their crops. They must weep as the bulldozers roar through their areas preparing to destroy the precious trees. They wander into the hospitals with at least twenty casualties from American firepower for one Vietcong-inflicted injury. So far we may have killed a million of them, mostly children. They wander into the towns and see thousands of the children, homeless, without clothes, running in packs on the streets like animals. They see the children degraded by our soldiers as they beg for food. They see the children selling their sisters to our soldiers, soliciting for their mothers.

What do the peasants think as we ally ourselves with the landlords and as we refuse to put any action into our many words concerning land reform? What do they think as we test out our latest weapons on them, just as the Germans tested out new medicine and new tortures in the concentration camps of Europe? Where are the roots of the independent Vietnam we claim to be building? Is it among these voiceless ones?
We have destroyed their two most cherished institutions: the family and the village. We have destroyed their land and their crops. We have cooperated in the crushing -- in the crushing of the nation's only non-Communist revolutionary political force, the unified Buddhist Church. We have supported the enemies of the peasants of Saigon. We have corrupted their women and children and killed their men.
Now there is little left to build on, save bitterness. Soon, the only solid -- solid physical foundations remaining will be found at our military bases and in the concrete of the concentration camps we call "fortified hamlets." The peasants may well wonder if we plan to build our new Vietnam on such grounds as these. Could we blame them for such thoughts?  
We must speak for them and raise the questions they cannot raise. These, too, are our brothers.
Perhaps a more difficult but no less necessary task is to speak for those who have been designated as our enemies. 
What of the National Liberation Front, that strangely anonymous group we call "VC" or "communists"? What must they think of the United States of America when they realize that we permitted the repression and cruelty of Diem, which helped to bring them into being as a resistance group in the South? What do they think of our condoning the violence which led to their own taking up of arms? How can they believe in our integrity when now we speak of "aggression from the North" as if there were nothing more essential to the war? How can they trust us when now we charge them with violence after the murderous reign of Diem and charge them with violence while we pour every new weapon of death into their land?  
Surely we must understand their feelings, even if we do not condone their actions. Surely we must see that the men we supported pressed them to their violence. Surely we must see that our own computerized plans of destruction simply dwarf their greatest acts.
How do they judge us when our officials know that their membership is less than twenty-five percent communist, and yet insist on giving them the blanket name? What must they be thinking when they know that we are aware of their control of major sections of Vietnam, and yet we appear ready to allow national elections in which this highly organized political parallel government will not have a part? They ask how we can speak of free elections when the Saigon press is censored and controlled by the military junta. And they are surely right to wonder what kind of new government we plan to help form without them, the only party in real touch with the peasants. They question our political goals and they deny the reality of a peace settlement from which they will be excluded. Their questions are frighteningly relevant. Is our nation planning to build on political myth again, and then shore it up upon the power of new violence?
Here is the true meaning and value of compassion and nonviolence, when it helps us to see the enemy's point of view, to hear his questions, to know his assessment of ourselves. For from his view we may indeed see the basic weaknesses of our own condition, and if we are mature,  
we may learn and grow and profit from the wisdom of the brothers who are called the opposition.
So, too, with Hanoi. In the North, where our bombs now pummel the land, and our mines endanger the waterways, we are met by a deep but understandable mistrust. To speak for them is to explain this lack of confidence in Western words, and especially their distrust of American intentions now. In Hanoi are the men who led the nation to independence against the Japanese and the French, the men who sought membership in the French Commonwealth and were betrayed by the weakness of Paris and the willfulness of the colonial armies. It was they who led a second struggle against French domination at tremendous costs, and then were persuaded to give up the land they controlled between the thirteenth and seventeenth parallel as a temporary measure at Geneva. After 1954 they watched us conspire with Diem to prevent elections which could have surely brought Ho Chi Minh to power over a united Vietnam, and they realized they had been betrayed again. When we ask why they do not leap to negotiate, these things must be remembered.
Also, it must be clear that the leaders of Hanoi considered the presence of American troops in support of the Diem regime to have been the initial military breach of the Geneva Agreement concerning foreign troops. They remind us that they did not begin to send troops in large numbers and even supplies into the South until American forces had moved into the tens of thousands.
Hanoi remembers how our leaders refused to tell us the truth about the earlier North Vietnamese overtures for peace, how the president claimed that none existed when they had clearly been made. Ho Chi Minh has watched as America has spoken of peace and built up its forces, and now he has surely heard the increasing international rumors of American plans for an invasion of the North. He knows the bombing and shelling and mining we are doing are part of traditional pre-invasion strategy. Perhaps only his sense of humor and of irony can save him when he hears the  
most powerful nation of the world speaking of aggression as it drops thousands of bombs on a poor, weak nation more than eight hundred -- rather, eight thousand miles away from its shores.
At this point I should make it clear that while I have tried in these last few minutes to give a voice to the voiceless in Vietnam and to understand the arguments of those who are called "enemy," I am as deeply concerned about our own troops there as anything else. For it occurs to me that what we are submitting them to in Vietnam is not simply the brutalizing process that goes on in any war where armies face each other and seek to destroy. We are adding cynicism to the process of death, for they must know after a short period there that none of the things we claim to be fighting for are really involved. Before long they must know that their government has sent them into a struggle among Vietnamese, and the more sophisticated surely realize that we are on the side of the wealthy, and the secure, while we create a hell for the poor.
Somehow this madness must cease. We must stop now. I speak as a child of God and brother to the suffering poor of Vietnam. I speak for those whose land is being laid waste, whose homes are being destroyed, whose culture is being subverted. I speak of the -- for the poor of America who are paying the double price of smashed hopes at home, and death and corruption in Vietnam.

I speak as a citizen of the world, for the world as it stands aghast at the path we have taken. I speak as one who loves America, to the leaders of our own nation: The great initiative in this war is ours; the initiative to stop it must be ours.
This is the message of the great Buddhist leaders of Vietnam. Recently one of them wrote these words, and I quote:
Each day the war goes on the hatred increases in the heart of the Vietnamese and in the hearts of those of humanitarian instinct. The Americans are forcing even their friends into becoming their enemies. It is curious that the Americans, who calculate so carefully on the possibilities of military victory, do not realize that in the process they are incurring deep psychological and political defeat. The image of America will never again be the image of revolution, freedom, and democracy, but the image of violence and militarism (unquote).
If we continue, there will be no doubt in my mind and in the mind of the world that we have no honorable intentions in Vietnam. If we do not stop our war against the people of Vietnam immediately, the world will be left with no other alternative than to see this as some horrible, clumsy, and deadly game we have decided to play. The world now demands a maturity of America that we may not be able to achieve. It demands that we admit that we have been wrong from the beginning of our adventure in Vietnam, that we have been detrimental to the life of the Vietnamese people. The situation is one in which we must be ready to turn sharply from our present ways. In order to atone for our sins and errors in Vietnam, we should take the initiative in bringing a halt to this tragic war.
I would like to suggest five concrete things that our government should do [immediately] to begin the long and difficult process of extricating ourselves from this nightmarish conflict:
Number one: End all bombing in North and South Vietnam.

Number two: Declare a unilateral cease-fire in the hope that such action will create the atmosphere for negotiation.

Three: Take immediate steps to prevent other battlegrounds in Southeast Asia by curtailing our military buildup in Thailand and our interference in Laos.

Four: Realistically accept the fact that the National Liberation Front has substantial support in South Vietnam and must thereby play a role in any meaningful negotiations and any future Vietnam government.

Five: Set a date that we will remove all foreign troops from Vietnam in accordance with the 1954 Geneva Agreement.
Part of our ongoing -- Part of our ongoing commitment might well express itself in an offer to grant asylum to any Vietnamese who fears for his life under a new regime which included the Liberation Front. Then we must make what reparations we can for the damage we have done. We must provide the medical aid that is badly needed, making it available in this country, if necessary. Meanwhile -- Meanwhile, we in the churches and synagogues have a continuing task while we urge our government to disengage itself from a disgraceful commitment. We must continue to raise our voices and our lives if our nation persists in its perverse ways in Vietnam.  

****here King starts talking about open revolution almost, if all else fails****

We must be prepared to match actions with words by seeking out every creative method of protest possible.
As we counsel young men concerning military service, we must clarify for them our nation's role in Vietnam and challenge them with the alternative of conscientious objection. I am pleased to say that this is a path now chosen by more than seventy students at my own alma mater, Morehouse College, and I recommend it to all who find the American course in Vietnam a dishonorable and unjust one. Moreover, I would encourage all ministers of draft age to give up their ministerial exemptions and seek status as conscientious objectors. These are the times for real choices and not false ones. We are at the moment when our lives must be placed on the line if our nation is to survive its own folly. Every man of humane convictions must decide on the protest that best suits his convictions, but we must all protest.
Now there is something seductively tempting about stopping there and sending us all off on what in some circles has become a popular crusade against the war in Vietnam. I say we must enter that struggle, but I wish to go on now to say something even more disturbing.

The war in Vietnam is but a symptom of a far deeper malady within the American spirit, and if we ignore this sobering reality...and if we ignore this sobering reality, we will find ourselves organizing "clergy and laymen concerned" committees for the next generation.
They will be concerned about Guatemala -- Guatemala and Peru. They will be concerned about Thailand and Cambodia. They will be concerned about Mozambique and South Africa. We will be marching for these and a dozen other names and attending rallies without end, unless there is a significant and profound change in American life and policy.
And so, such thoughts take us beyond Vietnam, but not beyond our calling as sons of the living God.
In 1957, a sensitive American official overseas said that it seemed to him that our nation was on the wrong side of a world revolution. During the past ten years, we have seen emerge a pattern of suppression which has now justified the presence of U.S. military advisors in Venezuela. This need to maintain social stability for our investments accounts for the counterrevolutionary action of American forces in Guatemala. It tells why American helicopters are being used against guerrillas in Cambodia and why American napalm and Green Beret forces have already been active against rebels in Peru.

HERE!!!! 

It is with such activity in mind that the words of the late John F. Kennedy come back to haunt us. Five years ago he said, "Those who make peaceful revolution impossible will make violent revolution inevitable."


Increasingly, by choice or by accident, this is the role our nation has taken, the role of those who make peaceful revolution impossible by refusing to give up the privileges and the pleasures that come from the immense profits of overseas investments. I am convinced that if we are to get on the right side of the world revolution, we as a nation must undergo a radical revolution of values. We must rapidly begin...we must rapidly begin the shift from a thing-oriented society to a person-oriented society. When machines and computers, profit motives and property rights, are considered more important than people, the giant triplets of racism, extreme materialism, and militarism are incapable of being conquered.



A true revolution of values will soon cause us to question the fairness and justice of many of our past and present policies. On the one hand, we are called to play the Good Samaritan on life's roadside, but that will be only an initial act. One day we must come to see that the whole Jericho Road must be transformed so that men and women will not be constantly beaten and robbed as they make their journey on life's highway. True compassion is more than flinging a coin to a beggar. It comes to see that an edifice which produces beggars needs restructuring.
A true revolution of values will soon look uneasily on the glaring contrast of poverty and wealth. With righteous indignation, it will look across the seas and see individual capitalists of the West investing huge sums of money in Asia, Africa, and South America, only to take the profits out with no concern for the social betterment of the countries, and say, "This is not just." It will look at our alliance with the landed gentry of South America and say, "This is not just." The Western arrogance of feeling that it has everything to teach others and nothing to learn from them is not just.
A true revolution of values will lay hand on the world order and say of war, "This way of settling differences is not just." This business of burning human beings with napalm, of filling our nation's homes with orphans and widows, of injecting poisonous drugs of hate into the veins of peoples normally humane, of sending men home from dark and bloody battlefields physically handicapped and psychologically deranged, cannot be reconciled with wisdom, justice, and love. A nation that continues year after year to spend more money on military defense than on programs of social uplift is approaching spiritual death.
America, the richest and most powerful nation in the world, can well lead the way in this revolution of values. There is nothing except a tragic death wish to prevent us from reordering our priorities so that the pursuit of peace will take precedence over the pursuit of war. There is nothing to keep us from molding a recalcitrant status quo with bruised hands until we have fashioned it into a brotherhood.
This kind of positive revolution of values is our best defense against communism. War is not the answer. Communism will never be defeated by the use of atomic bombs or nuclear weapons. Let us not join those who shout war and, through their misguided passions, urge the United States to relinquish its participation in the United Nations. These are days which demand wise restraint and calm reasonableness. We must not engage in a negative anticommunism, but rather in a positive thrust for democracy, realizing that our greatest defense against communism is to take offensive action in behalf of justice. We must with positive action seek to remove those conditions of poverty, insecurity, and injustice, which are the fertile soil in which the seed of communism grows and develops.

These are revolutionary times. All over the globe men are revolting against old systems of exploitation and oppression, and out of the wounds of a frail world, new systems of justice and equality are being born. The shirtless and barefoot people of the land are rising up as never before. "The people who sat in darkness have seen a great light."2 We in the West must support these revolutions.

KING almost recommends Marxism here!!!  also a GREAT quote about America's revolutionary roots, beginning the tide of freedom movements, treating all others as enemies.

It is a sad fact that because of comfort, complacency, a morbid fear of communism, and our proneness to adjust to injustice, the Western nations that initiated so much of the revolutionary spirit of the modern world have now become the arch antirevolutionaries. This has driven many to feel that only Marxism has a revolutionary spirit.

Therefore, communism is a judgment against our failure to make democracy real and follow through on the revolutions that we initiated. Our only hope today lies in our ability to recapture the revolutionary spirit and go out into a sometimes hostile world declaring eternal hostility to poverty, racism, and militarism. With this powerful commitment we shall boldly challenge the status quo and unjust mores, and thereby speed the day when "every valley shall be exalted, and every mountain and hill shall be made low, and the crooked shall be made straight, and the rough places plain."3
A genuine revolution of values means in the final analysis that our loyalties must become ecumenical rather than sectional. Every nation must now develop an overriding loyalty to mankind as a whole in order to preserve the best in their individual societies.
This call for a worldwide fellowship that lifts neighborly concern beyond one's tribe, race, class, and nation is in reality a call for an all-embracing -- embracing and unconditional love for all mankind. This oft misunderstood, this oft misinterpreted concept, so readily dismissed by the Nietzsches of the world as a weak and cowardly force, has now become an absolute necessity for the survival of man. When I speak of love I am not speaking of some sentimental and weak response. I am not speaking of that force which is just emotional bosh. I am speaking of that force which all of the great religions have seen as the supreme unifying principle of life. Love is somehow the key that unlocks the door which leads to ultimate reality. This Hindu-Muslim-Christian-Jewish-Buddhist belief about ultimate -- ultimate reality is beautifully summed up in the first epistle of Saint John: "Let us love one another, for love is God. And every one that loveth is born of God and knoweth God. He that loveth not knoweth not God, for God is love." "If we love one another, God dwelleth in us and his love is perfected in us."4 Let us hope that this spirit will become the order of the day.
We can no longer afford to worship the god of hate or bow before the altar of retaliation. The oceans of history are made turbulent by the ever-rising tides of hate. And history is cluttered with the wreckage of nations and individuals that pursued this self-defeating path of hate. As Arnold Toynbee says:
Love is the ultimate force that makes for the saving choice of life and good against the damning choice of death and evil. Therefore the first hope in our inventory must be the hope that love is going to have the last word (unquote).
We are now faced with the fact, my friends, that tomorrow is today. We are confronted with the fierce urgency of now. In this unfolding conundrum of life and history, there is such a thing as being too late. Procrastination is still the thief of time. Life often leaves us standing bare, naked, and dejected with a lost opportunity. The tide in the affairs of men does not remain at flood -- it ebbs. We may cry out desperately for time to pause in her passage, but time is adamant to every plea and rushes on. Over the bleached bones and jumbled residues of numerous civilizations are written the pathetic words, "Too late." There is an invisible book of life that faithfully records our vigilance or our neglect. Omar Khayyam is right: "The moving finger writes, and having writ moves on."
We still have a choice today: nonviolent coexistence or violent coannihilation. We must move past indecision to action. We must find new ways to speak for peace in Vietnam and justice throughout the developing world, a world that borders on our doors. If we do not act, we shall surely be dragged down the long, dark, and shameful corridors of time reserved for those who possess power without compassion, might without morality, and strength without sight.
Now let us begin. Now let us rededicate ourselves to the long and bitter, but beautiful, struggle for a new world. This is the calling of the sons of God, and our brothers wait eagerly for our response. Shall we say the odds are too great? Shall we tell them the struggle is too hard? Will our message be that the forces of American life militate against their arrival as full men, and we send our deepest regrets? Or will there be another message -- of longing, of hope, of solidarity with their yearnings, of commitment to their cause, whatever the cost? The choice is ours, and though we might prefer it otherwise, we must choose in this crucial moment of human history.
As that noble bard of yesterday, James Russell Lowell, eloquently stated:

Once to every man and nation comes a moment to decide,
In the strife of truth and Falsehood, for the good or evil side;
Some great cause, God’s new Messiah offering each the bloom or blight,
And the choice goes by forever ‘twixt that darkness and that light.
Though the cause of evil prosper, yet ‘tis truth alone is strong
Though her portions be the scaffold, and upon the throne be wrong
Yet that scaffold sways the future, and behind the dim unknown
Standeth God within the shadow, keeping watch above his own.

And if we will only make the right choice, we will be able to transform this pending cosmic elegy into a creative psalm of peace. If we will make the right choice, we will be able to transform the jangling discords of our world into a beautiful symphony of brotherhood. If we will but make the right choice, we will be able to speed up the day, all over America and all over the world, when "justice will roll down like waters, and righteousness like a mighty stream."5

Thursday, January 16, 2014

Bowe Bergdahl Bookmark

Here is a bookmark featuring 2 POWs, Israeli Gilad Shalit (returned home October 2011) and American Bowe Bergdahl, POW since 2009, just featured in a proof of life video. CNN



whole bookmark FRONT




close up on Gilad Shalit, Corporal in IDF Armored Corps, held by Hamas since June 25, 2006 Wikipedia


Shalit's Father, Noam, says "I would fight Israel if I were Palestinian" link

Shalit added that the kidnapping of Israeli soldiers by Hamas militants was comparable to the techniques used by Israeli paramilitary fighters the Haganah against the British, arguing "we also kidnapped British soldiers when we were fighting for our freedom."







Bowe Bergdahl   Official Bowe Website


Bowe's Father, Robert, video Youtube link




Bring Bowe Home Rally June 2013 Youtube video
great, sad, moving speech by Robert at the rally starts around 3:30 minutes

Article on Bowe and family by Michael Hastings Rolling Stone

close up on Bowe Bergdahl Private First Class, 501 Parachute Infantry Regiment, held by Taliban since June 30, 2009 Wikipedia




prayer on back of card, with selection from Psalm 142:8 in italics




the website NCSYsummer (National Council of Synagogue Youth) part of the Orthodox Union, a collection of Orthodox Jewish synagogues, no longer has the Teens for Freedom tab (that I can find) where every year they would publish bookmarks featuring captured soldiers.




Article about the bookmark project
http://www.ou.org/ou/print_this/58480

Orthodox Union

www.ou.org

OU and NCSY Make Bookmark/Prayer Card Available In Time for High Holidays

Just in time for the High Holidays, the Orthodox Union and NCSY, its international youth organization, are making available a bookmark for machzorim (prayer books for Rosh Hashana and Yom Kippur) with a prayer for captured soldiers Gilad Shalit, an Israeli captured by Hamas, and Bowe Bergdahl, an American captured by the Taliban.

The bookmark is a project of NCSY Teens for Freedom, a group of NCSY teens who decided to undertake a project in honor of Gilad Shalit, who was captured in June 2006. Every Rosh Hashana and Yom Kippur since then, the group has created a bookmark/prayer card with a prayer for the return of Israeli soldiers, allowing for an easy reminder during davening (praying) on the High Holidays.

Rabbi Steven Burg, International Director of NCSY, declared, “This year, NCSY decided to include a photo of an American soldier as well, to show that we acknowledge that the United States and Israel are facing some of the same challenges. Unfortunately, the Jewish community knows how horrible it is for family members not to know what happened to their loved ones, and it is important for us to keep that on our radar during the High Holidays when we engage in some of the most powerful prayers of the year. My thoughts and prayers are especially with the Shalit and Bergdahl families.”

The prayer is as follows:

“May the One Who blessed our ancestors, Abraham, Isaac, Jacob, Moses, Aaron, David, and Solomon, bless and kidnapped the captured soldiers. May the Holy One, Blessed be He, watch them and save them from all trouble and oppression and from all evil and injury. May He be filled with mercy for them, to cause them to recover and to heal them, to strengthen them and to invigorate them, and to bring them speedily to freedom, to return to the embrace of their families. May they merit long lives and years of much strength and peace. In the merit of our forefathers, may the descendents be saved and fulfill through them the verse, ‘Release my soul from imprisonment to praise Your Name’           (Psalms 142:8), swiftly and soon, and let us all say Amen.”


To order the free cards, contact Rabbi Jack Abramowitz at jacka@ou.org or 212-613-8366.








Tuesday, January 14, 2014

NSA IG report 2009

The 2009 NSA IG report

This is the report that made Edward Snowden leak, as he told the NYT here

Mr. Snowden said he finally decided to act when he discovered a copy of a classified 2009 inspector general’s report on the N.S.A.’s warrantless wiretapping program during the Bush administration. He said he found the document through a “dirty word search,” which he described as an effort by a systems administrator to check a computer system for things that should not be there in order to delete them and sanitize the system.
“It was too highly classified to be where it was,” he said of the report. He opened the document to make certain that it did not belong there, and after he saw what it revealed, “curiosity prevailed,” he said.
After reading about the program, which skirted the existing surveillance laws, he concluded that it had been illegal, he said. “If the highest officials in government can break the law without fearing punishment or even any repercussions at all,” he said, “secret powers become tremendously dangerous.”

 Here are some key points from the report:

page 3
October 4 2001 authorization "to conduct specified electronic surveillance on targets related to Afghanistan and international terrorism for 30 days. Because the surveillance included wire and cable communications carried into or out of the United States, it would otherwise have required FISC authority.

page 4
The program was ended on January 17, 2007.

page 5
Program was initally a response to 9/11
On 14 September 2001, three days after terrorist attacks in the
United States, General Hayden approved the targeting of terrorist-
associated foreign telephone numbers on communication links between the United States and foreign countries where terrorists were known to be operating. Only specified, pre-approved numbers were allowed to be tasked for collection against U.S.-originating links. He authorized this collection at Special Collection Service and Foreign Satellite sites with access to links between the United States and countries of interest, including Afghanistan. According to the Deputy General Counsel, General Hayden determined by 26 September that any Afghan telephone number in contact with a U.S. telephone number on or after 26 September was presumed to be of foreign intelligence value and could be disseminated to the FBI.
 page 5 NSA uses EO 12333 authority, but Hayden expanded it by his own authority. NSA laws    NSA questions
NSA OGC said General Hayden's action was a lawful
exercise of his power under Executive Order (E.O.) 12333, United States Intelligence Activities, as amended. The targeting of communication links with one end in the United States was a more aggressive use of E.O. 12333 authority than that exercised by former Directors. General Hayden was operating in a unique environment in which it was a widely held belief that additional terrorist attacks on U.S. soil were imminent. General Hayden said this was a "tactical decision."

page 7 NSA determined that FISA authorization did not allow sufficient flexibility to counter the new terrorist threat.



page 8 (TS//511/NF) Emergency FISA provision not an option

NSA deemed FISA too slow, even getting authorization 3 days AFTER surveillance started.
From the time NSA sent a request to Justice's OIPR until the time data arrived at NSA, the average wait was between a day and a day and a half. In the existing threat environment with U.S. interests at risk, NSA deemed the wait too long.

page 9
               (TS//SV/NF) General Hayden said he was "surprised with a small "s" when the Authorization was signed on 4 October 2001, and that it only changed the location from which NSA could collect communications. Rules for minimizing U.S. person information still had to be followed.
 (U//FOUO) SIGINT Activity Authorized by the President
               (TS//SI//ORINF) On 4 October 2001, the President delegated authority through the Secretary of Defense to the Director ofNSA to conduct specified electronic surveillance on targets related to Afghanistan and international terrorism for 30 days. Because the surveillance included wire and cable communications carried into or out of the United States, it would otherwise have required FISC authority


Authorization was for telephone and internet metadata and content

page 10 (TS//SI//NF) NSA could collect the content and associated metadata of
telephony and Internet communications for which there was probable cause
to believe that one of the communicants was in Afghanistan or that one.
communicant was engaged in or preparing for acts of international
terrorism. In addition, NSA was authorized to acquire telephony and
Internet metadata for communications with at least one communicant
outside the United States or for which no communicant was known to be a
citizen of the United States. NSA was also allowed to retain, process,
analyze and disseminate intelligence from the communications acquired
under the authority.

page 10 Hayden's thoughts on domestic collection:

                          General Hayden told him that NSA would not
collect domestic communications because
1) NSA was a foreign intelligence agency,
2) NSA infrastructure did not support domestic collection, and
3) his personal standard was so high that there would be no problem getting a
FISC order for domestic collection.

so wait?? NSA didnt have the infrastructure to collect domestically?? but could collect because NSA's standards were higher than FISA??? number 2 is obviously a lie......

page 10 AFGHANISTAN collections---the purpose of the whole program!!!

(TS//SV/NF) Afghanistan. In January 2002, after the Taliban was forced
out of power, Afghanistan was no longer specifically identified in the
Authorization


page 10 (TS//SI//NF) Iraqi Intelligence Service .......NSA ceased using the Authority for this purpose in March 2004.

 ended Iraq surveillance, because Bush declared "Mission Accomplished" on May 1 2003???

I repeat--NSA IS NOT ABOUT terrorism!!!


NOT how it's supposed to work!!!!
            General Hayden said that although he felt comfortable
exercising the Presidential authorization and believed it to be legal, he
recognized that it was politically sensitive and controversial and would be subjected to scrutiny at some point in time



""was legal because"" page 12

The Authorization came from the President.

The Authorization was temporary.

The Authorization was intended to be an early warning system of impending terrorist attacks in the United States.

The NSA General Counsel had reviewed the Authorization and concluded that it was legal.

NSA would do exactly what the Authorization stated and "not one electron or photon more."


 "The Program", initially called STARTBURST, later became known as STELLARWIND

note 3 page 12      A permanent cover term, STELLARWIND, was assigned to Program infonnation on 31 October 2001.


page 13

             Within 30 days, the PSP was fully operational. While
awaiting delivery of requested computer servers, the FBI and CIA gave
NSA lead telephone numbers, and the MAC was able to immediately chain
within the United States with SIGINT collected overseas. Private sector
partners began to send telephony and Internet content to NSA in October
2001 . They began to send telephony and Internet metadata to NSA as early
as November 2001 .

page 15 discusses metadata collection

               The authority to collect bulk telephony and Internet metadata
significantly enhanced NSA's ability to identify activity that may have been
terrorist-related. Contact chaining is the process of building a network
graph that models the communication (e-mail, telephony, etc.) patterns of
targeted entities (people, organizations, etc) and their associates from the
communications sent or received by the targets. 6 Metadata is data that
describes other data, specifically information that describes the content,
events or networks associated with SIGINT targets.


again, number 2 earlier was a LIE --->>>
             Although NSA had the capability to collect bulk telephony
and Internet metadata prior to the PSP
its application was limited because
NSA did not have the authority to collect communications in which one
end....was in the United States.


so why has chaining gone from 1 hop to 3?? because we're FARTHER away from 9/11???  NOT ABOUT TERRORISM!!!

page 16
            Shift coordinators either approved requests, approved them for 1-hop (direct contact) analysis, or denied them. Approved requests were passed to
analysts for contact chaining.

                          Typically, they analyzed networks with two
degrees of separation (two hops) from the target. Analysts determined if
resulting information was reportable.



graph page 18 CONTENT COLLECTION



page 23, LEGAL OVERSIGHT

            Two NSA requests for access to the original OLC legal opinion were denied.

remember when Hayden said it was all legal?? HOW did he know??

              General Hayden stated he never asked for or read the OLC legal opinion supporting the PSP


PRIVATE sector and NSA


so is THIS the NSA definition of collect?? not metadata, but searching the metadata?? ""NSA did not "acquire" comms until they were selected"




Page 40, Bush ended program on March 19, 2004,

later it was brought under FISC authority until 2007, then FISA Amendment Acts were approved by Congress.



the NYT 2005 article on Bush Warrentless Wiretapping  Wikipedia entry

http://www.nytimes.com/2005/12/16/politics/16program.html?pagewanted=all&_r=0


The New York Times

December 16, 2005

Bush Lets U.S. Spy on Callers Without Courts

Correction Appended
WASHINGTON, Dec. 15 - Months after the Sept. 11 attacks, President Bush secretly authorized the National Security Agency to eavesdrop on Americans and others inside the United States to search for evidence of terrorist activity without the court-approved warrants ordinarily required for domestic spying, according to government officials.
Under a presidential order signed in 2002, the intelligence agency has monitored the international telephone calls and international e-mail messages of hundreds, perhaps thousands, of people inside the United States without warrants over the past three years in an effort to track possible "dirty numbers" linked to Al Qaeda, the officials said. The agency, they said, still seeks warrants to monitor entirely domestic communications.
The previously undisclosed decision to permit some eavesdropping inside the country without court approval was a major shift in American intelligence-gathering practices, particularly for the National Security Agency, whose mission is to spy on communications abroad. As a result, some officials familiar with the continuing operation have questioned whether the surveillance has stretched, if not crossed, constitutional limits on legal searches.
"This is really a sea change," said a former senior official who specializes in national security law. "It's almost a mainstay of this country that the N.S.A. only does foreign searches."
Nearly a dozen current and former officials, who were granted anonymity because of the classified nature of the program, discussed it with reporters for The New York Times because of their concerns about the operation's legality and oversight.
According to those officials and others, reservations about aspects of the program have also been expressed by Senator John D. Rockefeller IV, the West Virginia Democrat who is the vice chairman of the Senate Intelligence Committee, and a judge presiding over a secret court that oversees intelligence matters. Some of the questions about the agency's new powers led the administration to temporarily suspend the operation last year and impose more restrictions, the officials said.
The Bush administration views the operation as necessary so that the agency can move quickly to monitor communications that may disclose threats to the United States, the officials said. Defenders of the program say it has been a critical tool in helping disrupt terrorist plots and prevent attacks inside the United States.
Administration officials are confident that existing safeguards are sufficient to protect the privacy and civil liberties of Americans, the officials say. In some cases, they said, the Justice Department eventually seeks warrants if it wants to expand the eavesdropping to include communications confined within the United States. The officials said the administration had briefed Congressional leaders about the program and notified the judge in charge of the Foreign Intelligence Surveillance Court, the secret Washington court that deals with national security issues.
The White House asked The New York Times not to publish this article, arguing that it could jeopardize continuing investigations and alert would-be terrorists that they might be under scrutiny. After meeting with senior administration officials to hear their concerns, the newspaper delayed publication for a year to conduct additional reporting. Some information that administration officials argued could be useful to terrorists has been omitted.
Dealing With a New Threat
While many details about the program remain secret, officials familiar with it say the N.S.A. eavesdrops without warrants on up to 500 people in the United States at any given time. The list changes as some names are added and others dropped, so the number monitored in this country may have reached into the thousands since the program began, several officials said. Overseas, about 5,000 to 7,000 people suspected of terrorist ties are monitored at one time, according to those officials.
Several officials said the eavesdropping program had helped uncover a plot by Iyman Faris, an Ohio trucker and naturalized citizen who pleaded guilty in 2003 to supporting Al Qaeda by planning to bring down the Brooklyn Bridge with blowtorches. What appeared to be another Qaeda plot, involving fertilizer bomb attacks on British pubs and train stations, was exposed last year in part through the program, the officials said. But they said most people targeted for N.S.A. monitoring have never been charged with a crime, including an Iranian-American doctor in the South who came under suspicion because of what one official described as dubious ties to Osama bin Laden.
The eavesdropping program grew out of concerns after the Sept. 11 attacks that the nation's intelligence agencies were not poised to deal effectively with the new threat of Al Qaeda and that they were handcuffed by legal and bureaucratic restrictions better suited to peacetime than war, according to officials. In response, President Bush significantly eased limits on American intelligence and law enforcement agencies and the military.
But some of the administration's antiterrorism initiatives have provoked an outcry from members of Congress, watchdog groups, immigrants and others who argue that the measures erode protections for civil liberties and intrude on Americans' privacy.
Opponents have challenged provisions of the USA Patriot Act, the focus of contentious debate on Capitol Hill this week, that expand domestic surveillance by giving the Federal Bureau of Investigation more power to collect information like library lending lists or Internet use. Military and F.B.I. officials have drawn criticism for monitoring what were largely peaceful antiwar protests. The Pentagon and the Department of Homeland Security were forced to retreat on plans to use public and private databases to hunt for possible terrorists. And last year, the Supreme Court rejected the administration's claim that those labeled "enemy combatants" were not entitled to judicial review of their open-ended detention.
Mr. Bush's executive order allowing some warrantless eavesdropping on those inside the United States - including American citizens, permanent legal residents, tourists and other foreigners - is based on classified legal opinions that assert that the president has broad powers to order such searches, derived in part from the September 2001 Congressional resolution authorizing him to wage war on Al Qaeda and other terrorist groups, according to the officials familiar with the N.S.A. operation.
The National Security Agency, which is based at Fort Meade, Md., is the nation's largest and most secretive intelligence agency, so intent on remaining out of public view that it has long been nicknamed "No Such Agency." It breaks codes and maintains listening posts around the world to eavesdrop on foreign governments, diplomats and trade negotiators as well as drug lords and terrorists. But the agency ordinarily operates under tight restrictions on any spying on Americans, even if they are overseas, or disseminating information about them.
What the agency calls a "special collection program" began soon after the Sept. 11 attacks, as it looked for new tools to attack terrorism. The program accelerated in early 2002 after the Central Intelligence Agency started capturing top Qaeda operatives overseas, including Abu Zubaydah, who was arrested in Pakistan in March 2002. The C.I.A. seized the terrorists' computers, cellphones and personal phone directories, said the officials familiar with the program. The N.S.A. surveillance was intended to exploit those numbers and addresses as quickly as possible, they said.
In addition to eavesdropping on those numbers and reading e-mail messages to and from the Qaeda figures, the N.S.A. began monitoring others linked to them, creating an expanding chain. While most of the numbers and addresses were overseas, hundreds were in the United States, the officials said.
Under the agency's longstanding rules, the N.S.A. can target for interception phone calls or e-mail messages on foreign soil, even if the recipients of those communications are in the United States. Usually, though, the government can only target phones and e-mail messages in the United States by first obtaining a court order from the Foreign Intelligence Surveillance Court, which holds its closed sessions at the Justice Department.
Traditionally, the F.B.I., not the N.S.A., seeks such warrants and conducts most domestic eavesdropping. Until the new program began, the N.S.A. typically limited its domestic surveillance to foreign embassies and missions in Washington, New York and other cities, and obtained court orders to do so.
Since 2002, the agency has been conducting some warrantless eavesdropping on people in the United States who are linked, even if indirectly, to suspected terrorists through the chain of phone numbers and e-mail addresses, according to several officials who know of the operation. Under the special program, the agency monitors their international communications, the officials said. The agency, for example, can target phone calls from someone in New York to someone in Afghanistan.
Warrants are still required for eavesdropping on entirely domestic-to-domestic communications, those officials say, meaning that calls from that New Yorker to someone in California could not be monitored without first going to the Federal Intelligence Surveillance Court.
A White House Briefing
After the special program started, Congressional leaders from both political parties were brought to Vice President Dick Cheney's office in the White House. The leaders, who included the chairmen and ranking members of the Senate and House intelligence committees, learned of the N.S.A. operation from Mr. Cheney, Lt. Gen. Michael V. Hayden of the Air Force, who was then the agency's director and is now a full general and the principal deputy director of national intelligence, and George J. Tenet, then the director of the C.I.A., officials said.
It is not clear how much the members of Congress were told about the presidential order and the eavesdropping program. Some of them declined to comment about the matter, while others did not return phone calls.
Later briefings were held for members of Congress as they assumed leadership roles on the intelligence committees, officials familiar with the program said. After a 2003 briefing, Senator Rockefeller, the West Virginia Democrat who became vice chairman of the Senate Intelligence Committee that year, wrote a letter to Mr. Cheney expressing concerns about the program, officials knowledgeable about the letter said. It could not be determined if he received a reply. Mr. Rockefeller declined to comment. Aside from the Congressional leaders, only a small group of people, including several cabinet members and officials at the N.S.A., the C.I.A. and the Justice Department, know of the program.
Some officials familiar with it say they consider warrantless eavesdropping inside the United States to be unlawful and possibly unconstitutional, amounting to an improper search. One government official involved in the operation said he privately complained to a Congressional official about his doubts about the program's legality. But nothing came of his inquiry. "People just looked the other way because they didn't want to know what was going on," he said.
A senior government official recalled that he was taken aback when he first learned of the operation. "My first reaction was, 'We're doing what?' " he said. While he said he eventually felt that adequate safeguards were put in place, he added that questions about the program's legitimacy were understandable.
Some of those who object to the operation argue that is unnecessary. By getting warrants through the foreign intelligence court, the N.S.A. and F.B.I. could eavesdrop on people inside the United States who might be tied to terrorist groups without skirting longstanding rules, they say.
The standard of proof required to obtain a warrant from the Foreign Intelligence Surveillance Court is generally considered lower than that required for a criminal warrant - intelligence officials only have to show probable cause that someone may be "an agent of a foreign power," which includes international terrorist groups - and the secret court has turned down only a small number of requests over the years. In 2004, according to the Justice Department, 1,754 warrants were approved. And the Foreign Intelligence Surveillance Court can grant emergency approval for wiretaps within hours, officials say.
Administration officials counter that they sometimes need to move more urgently, the officials said. Those involved in the program also said that the N.S.A.'s eavesdroppers might need to start monitoring large batches of numbers all at once, and that it would be impractical to seek permission from the Foreign Intelligence Surveillance Court first, according to the officials.
The N.S.A. domestic spying operation has stirred such controversy among some national security officials in part because of the agency's cautious culture and longstanding rules.
Widespread abuses - including eavesdropping on Vietnam War protesters and civil rights activists - by American intelligence agencies became public in the 1970's and led to passage of the Foreign Intelligence Surveillance Act, which imposed strict limits on intelligence gathering on American soil. Among other things, the law required search warrants, approved by the secret F.I.S.A. court, for wiretaps in national security cases. The agency, deeply scarred by the scandals, adopted additional rules that all but ended domestic spying on its part.
After the Sept. 11 attacks, though, the United States intelligence community was criticized for being too risk-averse. The National Security Agency was even cited by the independent 9/11 Commission for adhering to self-imposed rules that were stricter than those set by federal law.
Concerns and Revisions
Several senior government officials say that when the special operation began, there were few controls on it and little formal oversight outside the N.S.A. The agency can choose its eavesdropping targets and does not have to seek approval from Justice Department or other Bush administration officials. Some agency officials wanted nothing to do with the program, apparently fearful of participating in an illegal operation, a former senior Bush administration official said. Before the 2004 election, the official said, some N.S.A. personnel worried that the program might come under scrutiny by Congressional or criminal investigators if Senator John Kerry, the Democratic nominee, was elected president.
In mid-2004, concerns about the program expressed by national security officials, government lawyers and a judge prompted the Bush administration to suspend elements of the program and revamp it.
For the first time, the Justice Department audited the N.S.A. program, several officials said. And to provide more guidance, the Justice Department and the agency expanded and refined a checklist to follow in deciding whether probable cause existed to start monitoring someone's communications, several officials said.
A complaint from Judge Colleen Kollar-Kotelly, the federal judge who oversees the Federal Intelligence Surveillance Court, helped spur the suspension, officials said. The judge questioned whether information obtained under the N.S.A. program was being improperly used as the basis for F.I.S.A. wiretap warrant requests from the Justice Department, according to senior government officials. While not knowing all the details of the exchange, several government lawyers said there appeared to be concerns that the Justice Department, by trying to shield the existence of the N.S.A. program, was in danger of misleading the court about the origins of the information cited to justify the warrants.
One official familiar with the episode said the judge insisted to Justice Department lawyers at one point that any material gathered under the special N.S.A. program not be used in seeking wiretap warrants from her court. Judge Kollar-Kotelly did not return calls for comment.
A related issue arose in a case in which the F.B.I. was monitoring the communications of a terrorist suspect under a F.I.S.A.-approved warrant, even though the National Security Agency was already conducting warrantless eavesdropping.
According to officials, F.B.I. surveillance of Mr. Faris, the Brooklyn Bridge plotter, was dropped for a short time because of technical problems. At the time, senior Justice Department officials worried what would happen if the N.S.A. picked up information that needed to be presented in court. The government would then either have to disclose the N.S.A. program or mislead a criminal court about how it had gotten the information.
Several national security officials say the powers granted the N.S.A. by President Bush go far beyond the expanded counterterrorism powers granted by Congress under the USA Patriot Act, which is up for renewal. The House on Wednesday approved a plan to reauthorize crucial parts of the law. But final passage has been delayed under the threat of a Senate filibuster because of concerns from both parties over possible intrusions on Americans' civil liberties and privacy.
Under the act, law enforcement and intelligence officials are still required to seek a F.I.S.A. warrant every time they want to eavesdrop within the United States. A recent agreement reached by Republican leaders and the Bush administration would modify the standard for F.B.I. wiretap warrants, requiring, for instance, a description of a specific target. Critics say the bar would remain too low to prevent abuses.
Bush administration officials argue that the civil liberties concerns are unfounded, and they say pointedly that the Patriot Act has not freed the N.S.A. to target Americans. "Nothing could be further from the truth," wrote John Yoo, a former official in the Justice Department's Office of Legal Counsel, and his co-author in a Wall Street Journal opinion article in December 2003. Mr. Yoo worked on a classified legal opinion on the N.S.A.'s domestic eavesdropping program.
At an April hearing on the Patriot Act renewal, Senator Barbara A. Mikulski, Democrat of Maryland, asked Attorney General Alberto R. Gonzales and Robert S. Mueller III, the director of the F.B.I., "Can the National Security Agency, the great electronic snooper, spy on the American people?"
"Generally," Mr. Mueller said, "I would say generally, they are not allowed to spy or to gather information on American citizens."
President Bush did not ask Congress to include provisions for the N.S.A. domestic surveillance program as part of the Patriot Act and has not sought any other laws to authorize the operation. Bush administration lawyers argued that such new laws were unnecessary, because they believed that the Congressional resolution on the campaign against terrorism provided ample authorization, officials said.
The Legal Line Shifts
Seeking Congressional approval was also viewed as politically risky because the proposal would be certain to face intense opposition on civil liberties grounds. The administration also feared that by publicly disclosing the existence of the operation, its usefulness in tracking terrorists would end, officials said.
The legal opinions that support the N.S.A. operation remain classified, but they appear to have followed private discussions among senior administration lawyers and other officials about the need to pursue aggressive strategies that once may have been seen as crossing a legal line, according to senior officials who participated in the discussions.
For example, just days after the Sept. 11, 2001, attacks on New York and the Pentagon, Mr. Yoo, the Justice Department lawyer, wrote an internal memorandum that argued that the government might use "electronic surveillance techniques and equipment that are more powerful and sophisticated than those available to law enforcement agencies in order to intercept telephonic communications and observe the movement of persons but without obtaining warrants for such uses."
Mr. Yoo noted that while such actions could raise constitutional issues, in the face of devastating terrorist attacks "the government may be justified in taking measures which in less troubled conditions could be seen as infringements of individual liberties."
The next year, Justice Department lawyers disclosed their thinking on the issue of warrantless wiretaps in national security cases in a little-noticed brief in an unrelated court case. In that 2002 brief, the government said that "the Constitution vests in the President inherent authority to conduct warrantless intelligence surveillance (electronic or otherwise) of foreign powers or their agents, and Congress cannot by statute extinguish that constitutional authority."
Administration officials were also encouraged by a November 2002 appeals court decision in an unrelated matter. The decision by the Foreign Intelligence Surveillance Court of Review, which sided with the administration in dismantling a bureaucratic "wall" limiting cooperation between prosecutors and intelligence officers, cited "the president's inherent constitutional authority to conduct warrantless foreign intelligence surveillance."
But the same court suggested that national security interests should not be grounds "to jettison the Fourth Amendment requirements" protecting the rights of Americans against undue searches. The dividing line, the court acknowledged, "is a very difficult one to administer."
Barclay Walsh contributed research for this article.

Correction: Dec. 28, 2005, Wednesday:

Because of an editing error, a front-page article on Dec. 16 about a decision by President Bush to authorize the National Security Agency to eavesdrop on Americans and others inside the United States to search for evidence of terrorist activity without warrants ordinarily required for domestic spying misstated the name of the court that would normally issue those warrants. It is the Foreign - not Federal -Intelligence Surveillance Court.