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Luis Miguel Goitizolo

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RE: ARE WE NOW IN THE END TIMES?
7/30/2013 4:31:06 PM

US Judge Rules that Espionage Act Does Not Require Proof of Any Harm Done



AFP Photo / Rod Lamkey JR

AFP Photo / Rod Lamkey JR

From RT.com - July 30, 2013

http://rt.com/usa/court-ruling-whistleblowers-prosecution-768/

In another potential setback for whistleblowers, a US judge has made a ruling that essentially lowers the requirements for government prosecutors to prove damage to national security committed by alleged leakers.

The case concerns Stephen Jin-Woo Kim, who in 2010 was indicted on two counts of disclosing national defense secrets to Fox News reporter James Rosen the year prior. Kim’s information was based on an intelligence report which was available to a limited number of government employees.

Judge Colleen Kollar-Kotelly ruled that the prosecution does not need to show that the information Kim allegedly leaked could damage US national security or benefit a foreign power, even potentially.

Her ruling went against the 1985 v. Morison case, in which Samuel L. Morison was convicted of unauthorized disclosure of satellite imagery to Jane’s Defence Weekly. Kollar-Kotelly said that she disagreed with the precedent it set, which required prosecution to prove harm to national security.

Judge Colleen Kollar-Kotelly

Judge Colleen Kollar-Kotelly

“The Court declines to adopt the Morison court’s construction of information relating to the ‘national defense’ insofar as it requires the government to show that disclosure of the information would be potentially damaging to the United States or useful to an enemy of the United States,” Judge Kollar-Kotelly wrote.

That decision could well modify interpretation of the 1917 Espionage Act for future whistleblower cases. Kim’s legal defense says that without the need to prove harm done to national security, the Espionage Act is essentially converted into a “Government Secrets Act.”

“The requirement that disclosure of the information be ‘potentially damaging’ is ‘implicit in the purpose of the statute and assures that the government cannot abuse the statute by penalizing citizens for discussing information the government has no compelling reason to keep confidential,” wrote the defense.

In her ruling, the judge accepts the prosecution’s argument that interpretation of the Espionage Act does not necessitate that the government prove its case, contrary to 1985 v. Morison and subsequent cases since then.

“By its terms, Section 793(d) [of the Espionage Act] does not require the United States to prove any harm, whether potential or not…” wrote the prosecution.

Kim’s story has become one of the most well known instances of an Obama administration clampdown on government information leaks, and attracted national attention following disclosure of a warrant for Rosen’s personal emails and the potential to prosecute the reporter as a co-conspirator. That warrant came to light on the heels of evidence showing far wider surveillance of phone records pertaining to the Associated Press.

Stephen Jin-Woo Kim (Image from stephenkim.org)

Stephen Jin-Woo Kim (Image from stephenkim.org)

Federal prosecutors have argued that Kim’s leak falls under harm to national defense, while Kim and his defense team have countered that the information was well known within Washington, and that the Justice Department is exceeding the spirit and definition of espionage laws.

Kim allegedly told Rosen in 2009 that North Korea was planning to test a nuclear warhead – information which then became key for Rosen’s subsequent article entitled “North Korea Intends to Match UN Resolution with New Nuclear Test.”

Last week, Kim’s defense attorney, Abbe Lowell, argued that other national security officials could have communicated with Fox News reporter James Rosen prior to him publishing his story on North Korea’s nuclear program.

Court documents from Kim’s trial included details of contacts made by Fox News either directly or to the offices of three other potential sources in government, all who denied any involvement in the leak. Those sources included former deputy national security adviser Denis McDonough, former counterterrorism adviser John Brennan – who now serves as CIA director – and former deputy national security adviser for operations, Mark Lippert – now an assistant secretary of defense.

The case brought against Kim is unlikely to go to trial before early 2014, according to The Washington Post.


"Choose a job you love and you will not have to work a day in your life" (Confucius)

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Luis Miguel Goitizolo

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RE: ARE WE NOW IN THE END TIMES?
7/30/2013 4:58:30 PM

Barclays Bank Calls on Shareholders to Fill US$19.5bn Hole

"Choose a job you love and you will not have to work a day in your life" (Confucius)

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Luis Miguel Goitizolo

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RE: ARE WE NOW IN THE END TIMES?
7/30/2013 5:31:29 PM

‘Give Equal Weightage to Developing Nations’- India

"Choose a job you love and you will not have to work a day in your life" (Confucius)

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Luis Miguel Goitizolo

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RE: ARE WE NOW IN THE END TIMES?
7/30/2013 9:08:13 PM

Bradley Manning acquitted of aiding the enemy

FILE - In this Monday, July 29, 2013, file photo, Army Pfc. Bradley Manning is escorted to a security vehicle outside of a courthouse in Fort Meade, Md. U.S. Army Pfc. Bradley Manning was acquitted Tuesday, July 30, 2013, of aiding the enemy for giving classified secrets to WikiLeaks. The military judge hearing the case, Army Col. Denise Lind, announced the verdict. (AP Photo/Patrick Semansky, File)
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FORT MEADE, Md. (AP) — U.S. Army Pfc. Bradley Manning was acquitted of aiding the enemy — the most serious charge he faced — but was convicted of espionage, theft and other charges Tuesday, more than three years after he spilled secrets to WikiLeaks.

The judge, Army Col. Denise Lind, deliberated for about 16 hours over three days before reaching her decision in a case that drew worldwide attention as supporters hailed Manning as a whistleblower. The U.S. government called him an anarchist computer hacker and attention-seeking traitor.

Manning stood at attention, flanked by his attorneys, as the judge read her verdicts. He appeared not to react, though his attorney, David Coombs, smiled faintly when he heard not guilty on aiding the enemy, which carried a potential life sentence.

When the judge was done, Coombs put his hand on Manning's back and whispered something to him, eliciting a slight smile on the soldier's face.

Manning was convicted on 19 of 21 charges, and he previously pleaded guilty to a charge involving an Icelandic cable. He faces up to 136 years in prison. His sentencing hearing begins Wednesday.

Coombs came outside the court to a round of applause and shouts of "thank you" from a few dozen Manning supporters.

"We won the battle, now we need to go win the war," Coombs said of the sentencing phase. "Today is a good day, but Bradley is by no means out of the fire."

Supporters thanked him for his work. One slipped him a private note. Others asked questions about verdicts that they didn't understand.

Manning's court-martial was unusual because he acknowledged giving the anti-secrecy website more than 700,000 battlefield reports and diplomatic cables, and video of a 2007 U.S. helicopter attack that killed civilians in Iraq, including a Reuters news photographer and his driver.

In the footage, airmen laughed and called targets "dead bastards." A military investigation found troops mistook the camera equipment for weapons.

Besides the aiding the enemy acquittal, Manning was also found not guilty of an espionage charge when the judge found prosecutors had not proved their assertion Manning started giving material to WikiLeaks in late 2009. Manning said he started the leaks in February the following year.

Manning pleaded guilty earlier this year to lesser offenses that could have brought him 20 years behind bars, yet the government continued to pursue all but one of the original, more serious charges.

Manning said during a pre-trial hearing in February he leaked the material to expose the U.S military's "bloodlust" and disregard for human life, and what he considered American diplomatic deceit. He said he chose information he believed would not the harm the United States and he wanted to start a debate on military and foreign policy. He did not testify at his court-martial.

Coombs portrayed Manning as a "young, naive but good-intentioned" soldier who was in emotional turmoil, partly because he was a gay service member at a time when homosexuals were barred from serving openly in the U.S. military.

He said Manning could have sold the information or given it directly to the enemy, but he gave it to WikiLeaks in an attempt to "spark reform" and provoke debate. Counterintelligence witnesses valued the Iraq and Afghanistan war logs at about $5.7 million.

Coombs said Manning had no way of knowing whether al-Qaida would access the secret-spilling website and a 2008 counterintelligence report showed the government itself didn't know much about the site.

The defense attorney also mocked the testimony of a former supervisor who said Manning told her the American flag meant nothing to him and she suspected before they deployed to Iraq that Manning was a spy. Coombs noted she had not written up a report on Manning's alleged disloyalty, though had written ones on him taking too many smoke breaks and drinking too much coffee.

The government said Manning had sophisticated security training and broke signed agreements to protect the secrets. He even had to give a presentation on operational security during his training after he got in trouble for posting a YouTube video about what he was learning.

The lead prosecutor, Maj. Ashden Fein, said Manning knew the material would be seen by al-Qaida, a key point prosecutor needed to prove to get an aiding the enemy conviction. Even Osama bin Laden had some of the digital files at his compound when he was killed.

Some of Manning's supporters attended nearly every day of two-month trial, many of them protesting outside the Fort Meade gates each day before the court-martial. They wore T-shirts with the word "truth" on them, blogged, tweeted and raised money for Manning's defense. One supporter was banned from the trial because the judge said he made online threats.

Hours before the verdict, about two dozen demonstrators gathered outside the gates of the military post, proclaiming their admiration for Manning.

"He wasn't trying to aid the enemy. He was trying to give people the information they need so they can hold their government accountable," said Barbara Bridges, of Baltimore.

On its official Twitter account, WikiLeaks blasted the verdict and the Obama administration, calling it "dangerous national security extremism."

The court-martial unfolded as another low-level intelligence worker, Edward Snowden, revealed U.S. secrets about surveillance programs. Snowden, a civilian employee, told The Guardian his motives were similar to Manning's, but he said his leaks were more selective.

Manning's supporters believed a conviction for aiding the enemy would have a chilling effect on leakers who want to expose wrongdoing by giving information to websites and the media.

Before Snowden, Manning's case was the most high-profile espionage prosecution for the Obama administration, which has been criticized for its crackdown on leakers.

The WikiLeaks case is by far the most voluminous release of classified material in U.S. history. Manning's supporters included Pentagon Papers leaker Daniel Ellsberg, who in the early 1970s spilled a secret Defense Department history of U.S. involvement in Vietnam.

The 7,000 pages of the Pentagon Papers showed that the U.S. government repeatedly misled the public about the Vietnam War.

The material WikiLeaks began publishing in 2010 documented complaints of abuses against Iraqi detainees, a U.S. tally of civilian deaths in Iraq, and America's weak support for the government of Tunisia — a disclosure that Manning supporters said helped trigger the Middle Eastern pro-democracy uprisings known as the Arab Spring.

The Obama administration said the release threatened to expose valuable military and diplomatic sources and strained America's relations with other governments.

Prosecutors said during the trial Manning relied on WikiLeaks and its founder Julian Assange for guidance on what secrets to "harvest" for the organization, starting within weeks of his arrival in Iraq in late 2009.

Federal authorities are looking into whether Assange can be prosecuted. He has been holed up in the Ecuadorean Embassy in London to avoid extradition to Sweden on sex-crimes allegations.


"Choose a job you love and you will not have to work a day in your life" (Confucius)

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Luis Miguel Goitizolo

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RE: ARE WE NOW IN THE END TIMES?
7/31/2013 10:23:43 AM

Militants attack prison in northwest Pakistan

A plainclothes police officer takes a photo with his mobile phone of a damaged gate of center jail caused by Taliban militants attacked, Tuesday, July 30, 2013 in Dera Ismail Khan, Pakistan. Dozens of Taliban militants armed with guns, grenades and bombs attacked a prison in northwest Pakistan, freeing more than 250 prisoners, including 25 "dangerous terrorists," officials said. (AP Photo/Ishtiaq Mahsud)
Associated Press

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DERA ISMAIL KHAN, Pakistan (AP) — Dozens of Taliban militants armed with guns, grenades and bombs attacked a prison in northwest Pakistan, freeing more than 250 prisoners, including 25 "dangerous terrorists," officials said.

The militants killed six policemen, six Shiite Muslim prisoners and two civilians during Monday night's attack in the town of Dera Ismail Khan, said the town's commissioner, Mushtaq Jadoon. One of the Shiites was beheaded.

Fifteen policemen were wounded, said Jadoon.

Around 70 militants arrived at the prison by car and motorcycle at around 11:30 p.m. to begin the attack, which lasted for about four and a half hours until most of the fighters escaped, said intelligence officials, speaking on condition of anonymity because they were not authorized to talk to the media.

The attack began with a huge explosion that one resident, Sharafat Khan, said was so loud that "it rattled every house in the neighborhood."

The militants then detonated dozens of smaller bombs at different points along the prison walls, causing them to collapse, said Jadoon. They also fired rocket-propelled grenades and lobbed hand grenades during the attack, he said.

Security forces engaged the attackers, who were chanting "God is great" and "Long live the Taliban," intelligence officials said. At least eight attackers disguised in police uniforms entered the prison on motorcycles adorned with Taliban flags and used megaphones to call out the names of specific prisoners for whom they were looking.

The militants broke open the cells and freed 253 prisoners, including 25 "dangerous terrorists," said Jadoon.

Pakistani Taliban spokesman Shahidullah Shahid claimed responsibility for the attack, saying 150 militants took part and around 300 prisoners were freed. Eight of the attackers wore suicide vests, and two detonated their explosives, Shahid told The Associated Press by telephone from an undisclosed location.

Authorities captured nine prisoners who escaped and were searching for the others, as well as the militants, said Jadoon. Army soldiers were called in as reinforcements.

A curfew has been imposed in Dera Ismail Khan and the nearby town of Tank while the search goes on, said Amir Khattak, Dera Ismail Khan's deputy commissioner. The town is located near Pakistan's semiautonomous tribal region, the main sanctuary for Taliban and al-Qaida militants in the country.

Officials received a letter threatening an attack on the prison, but they didn't expect it so soon, said Khalid Abbas, head of the prison department in Khyber Pakhtunkhwa province.

In April 2012, Taliban militants armed with automatic weapons and rocket-propelled grenades battled their way into a prison in the city of Bannu in northwest Pakistan, freeing close to 400 prisoners, including at least 20 described by police as "very dangerous" insurgents.

One of the militants freed in that attack, Adnan Rasheed, recently gained attention by writing a letter to teenage education activist Malala Yousafzai, who was shot in the head by the Taliban last year in an attempt to kill her. Rasheed said he wished the attack hadn't happened, but told Malala that she was targeted for speaking ill of the Taliban.

_____

Associated Press writer Rasool Dawar contributed to this report from Peshawar, Pakistan.



"Choose a job you love and you will not have to work a day in your life" (Confucius)

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