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How the Monsanto Protection Act Snuck Into Law Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=21404"><span class="small">Natasha Lennard, Salon</span></a>   
Sunday, 31 March 2013 14:10

Lennard writes: "Slipped into the Agricultural Appropriations Bill, which passed through Congress last week, was a small provision that’s a big deal for Monsanto and its opponents."

Genetically modified (GM) crops. (illustration: Melvyn Calderon/Greenpeace)
Genetically modified (GM) crops. (illustration: Melvyn Calderon/Greenpeace)



How the Monsanto Protection Act Snuck Into Law

By Natasha Lennard, Salon

31 March 13

 

A number of readers have requested to know exactly where in the HR 933 they might find the provision dubbed the "Monsanto Protection Act." It is Section 735 in the bill, the full text of which can be read here.

lipped into the Agricultural Appropriations Bill, which passed through Congress last week, was a small provision that's a big deal for Monsanto and its opponents. The provision protects genetically modified seeds from litigation in the face of health risks and has thus been dubbed the "Monsanto Protection Act" by activists who oppose the biotech giant. President Barack Obama signed the spending bill, including the provision, into law on Tuesday

Since the act's passing, more than 250,000 people have signed a petition opposing the provision and a rally, consisting largely of farmers organized by the Food Democracy Now network, protested outside the White House Wednesday. Not only has anger been directed at the Monsanto Protection Act's content, but the way in which the provision was passed through Congress without appropriate review by the Agricultural or Judiciary Committees. The biotech rider instead was introduced anonymously as the larger bill progressed - little wonder food activists are accusing lobbyists and Congress members of backroom dealings.

The Food Democracy Now and the Center for Food are directing blame at the Senate Appropriations Committee and its chairman, Sen. Barbara Mikulski, D-Md. According to reports, many members of Congress were apparently unaware that the "Monsanto Protection Act" even existed within the spending bill, HR 933; they voted in order to avert a government shutdown.

"It sets a terrible precedent," noted the International Business Times. "Though it will only remain in effect for six months until the government finds another way to fund its operations, the message it sends is that corporations can get around consumer safety protections if they get Congress on their side. Furthermore, it sets a precedent that suggests that court challenges are a privilege, not a right."

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Will Congress Stop US Support for Honduras' Death Squad Regime? Print
Sunday, 31 March 2013 13:55

Weisbrot writes: "In Honduras, Reagan-era atrocities are back as the Obama administration funds a state implicated in murdering opponents."

Soldiers clashed with protesters in 2011, after Honduras' President Porfirio Lobo declared the demonstrations illegal. (photo: Reuters/Edgard Garrido)
Soldiers clashed with protesters in 2011, after Honduras' President Porfirio Lobo declared the demonstrations illegal. (photo: Reuters/Edgard Garrido)



Will Congress Stop US Support for Honduras' Death Squad Regime?

By Mark Weisbrot, Guardian UK

31 March 13

 

he video (warning: contains graphic images of lethal violence), caught randomly on a warehouse security camera, is chilling.

Five young men walk down a quiet street in Tegucigalpa, Honduras. A big black SUV pulls up, followed by a second vehicle. Two masked men with bullet-proof vests jump out of the lead car, with AK-47s raised. The two youths closest to the vehicles see that they have no chance of running, so they freeze and put their hands in the air. The other three break into a sprint, with bullets chasing after them from the assassins' guns. Miraculously, they escape, with one injured - but the two who surrendered are forced to lie face down on the ground. The two students, who were brothers 18- and 20-years-old, are murdered with a burst of bullets, in full view of the camera. Less than 40 seconds after their arrival, the assassins are driving away, never to be found.

The high level of professional training and modus operandi of the assassins have led many observers to conclude that this was a government operation. The video was posted by the newspaper El Heraldo last month; the murder took place in November of last year. There have been no arrests.

Now, the Obama administration is coming under fire for its role in arming and funding murderous Honduran police, in violation of US law. Under the Leahy Law, named after Vermont Senator Patrick Leahy, the US government is not allowed to fund foreign military units who have commit gross human rights violations with impunity. The director general of Honduras' national police force, Juan Carlos Bonilla, has been investigated in connection with death squad killings; and members of the US Congress have been complaining about it since Bonilla was appointed last May. Thanks to some excellent investigative reporting by the Associated Press in the last couple of weeks - showing that all police units are, in fact, under Bonilla's command - it has become clear that the US is illegally funding the Honduran police.

So, now we'll see if "rule of law" or "separation of powers" means very much in a country that likes to lecture "less developed" nations about these principles.

Why would the Obama administration so stubbornly support a death squad government in Honduras, going so far as to deceive and defy Congress? To answer that, we have to look at how the current government of Honduras came to power, and how violent repression of any opposition plays a big role in keeping it there.

The government of Honduran President Pepe Lobo was "elected" after a military coup overthrew the democratically elected government of President Mel Zelaya in June of 2009. Zelaya later told the press that Washington was involved in the coup; this is very believable, given the circumstantial evidence. But what we know for sure is that the Obama administration was heavily involved in helping the new regime survive and legitimize itself. Washington supported Lobo's election in 2009, against the opposition of almost the entire hemisphere. The Organization of American States and the European Union refused to send observers to an election that most of the world viewed as obviously illegitimate.

The coup unleashed a wave of violence against political dissent that continues to this day. Even Honduras' Truth and Reconciliation Commission - established by the coup government itself - found that it had "undertaken political persecution … and that it was responsible for a number of killings committed by state agents and those acting at their behest, in addition to the widespread and violent repression of rights to speech, assembly, association."

This was noted by the Center for Constitutional Rights, in New York, and the International Federation for Human Rights, in Paris, in a report (pdf) submitted to the International Criminal Court. The CCR/FIDH report also identifies "over 100 killings, most of which are selective, or targeted killings, occurring even after two truth commissions concluded their investigations". Their report goes through October 2012:

"The killings are one horrific manifestation of the broader attack which is also characterized by death threats against activists, lawyers, journalists, trade unionists, and campesinos, as well as attempted killings, torture, sexual violence, arbitrary arrests and detentions. The True Commission [the second, independent Truth Commission] described the regime's "attack" as one of using terror as a means of social control."

Which brings us the elections scheduled for later this year. Once again, a social-democratic party is in the race, including people who courageously defended democracy against 2009's military coup. Its presidential candidate is Xiomara Castro de Zelaya, the wife of the president whom Washington worked so hard to get rid of. This party is among the victims of the government's political repression: in November, LIBRE mayoral candidate Edgardo Adalid Motiño was gunned down after attending a rally for Xiomara Zelaya.

So there you have it. A death squad government may not be the Obama administration's first choice, but it prefers it to a leftist government that Hondurans might elect if they were to have a free election. The current government belongs to Washington, just like the US military base that the Pentagon would like to keep in Honduras indefinitely.

If all that sounds disgusting, and reminiscent of President Reagan's death squad governments in Central America, it's because it is both. The question right now, as in the 1980s, is what will members of Congress in Washington do about it?

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Domestic Drones and Their Unique Dangers Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=7181"><span class="small">Glenn Greenwald, Guardian UK</span></a>   
Sunday, 31 March 2013 08:19

Greenwald writes: "The belief that weaponized drones won't be used on US soil is patently irrational. Of course they will be. It's not just likely but inevitable."

AR Drone: almost certainly the world's first Wi-Fi enabled iPhone-controllable miniature flying device. (illustration: unknown)
AR Drone: almost certainly the world's first Wi-Fi enabled iPhone-controllable miniature flying device. (illustration: unknown)



Domestic Drones and Their Unique Dangers

By Glenn Greenwald, Guardian UK

31 March 13

 

he use of drones by domestic US law enforcement agencies is growing rapidly, both in terms of numbers and types of usage. As a result, civil liberties and privacy groups led by the ACLU - while accepting that domestic drones are inevitable - have been devoting increasing efforts to publicizing their unique dangers and agitating for statutory limits. These efforts are being impeded by those who mock the idea that domestic drones pose unique dangers (often the same people who mock concern over their usage on foreign soil). This dismissive posture is grounded not only in soft authoritarianism (a religious-type faith in the Goodness of US political leaders and state power generally) but also ignorance over current drone capabilities, the ways drones are now being developed and marketed for domestic use, and the activities of the increasingly powerful domestic drone lobby. So it's quite worthwhile to lay out the key under-discussed facts shaping this issue.

I'm going to focus here most on domestic surveillance drones, but I want to say a few words about weaponized drones. The belief that weaponized drones won't be used on US soil is patently irrational. Of course they will be. It's not just likely but inevitable. Police departments are already speaking openly about how their drones "could be equipped to carry nonlethal weapons such as Tasers or a bean-bag gun." The drone industry has already developed and is now aggressively marketing precisely such weaponized drones for domestic law enforcement use. It likely won't be in the form that has received the most media attention: the type of large Predator or Reaper drones that shoot Hellfire missiles which destroy homes and cars in Pakistan, Yemen, Somalia, Afghanistan and multiple other countries aimed at Muslims (although US law enforcement agencies already possess Predator drones and have used them over US soil for surveillance).

Instead, as I detailed in a 2012 examination of the drone industry's own promotional materials and reports to their shareholders, domestic weaponized drones will be much smaller and cheaper, as well as more agile - but just as lethal. The nation's leading manufacturer of small "unmanned aircraft systems" (UAS), used both for surveillance and attack purposes, is AeroVironment, Inc. (AV). Its 2011 Annual Report filed with the SEC repeatedly emphasizes that its business strategy depends upon expanding its market from foreign wars to domestic usage including law enforcement:

AV's annual report added: "Initial likely non-military users of small UAS include public safety organizations such as law enforcement agencies. . . ." These domestic marketing efforts are intensifying with the perception that US spending on foreign wars will decrease. As a February, 2013 CBS News report noted, focusing on AV's surveillance drones:

"Now, drones are headed off the battlefield. They're already coming your way.

"AeroVironment, the California company that sells the military something like 85 percent of its fleet, is marketing them now to public safety agencies."

Like many drone manufacturers, AV is now focused on drone products - such as the "Qube" - that are so small that they can be "transported in the trunk of a police vehicle or carried in a backpack" and assembled and deployed within a matter of minutes. One news report AV touts is headlined "Drone technology could be coming to a Police Department near you", which focuses on the Qube.

But another article prominently touted on AV's website describes the tiny UAS product dubbed the "Switchblade", which, says the article, is "the leading edge of what is likely to be the broader, even wholesale, weaponization of unmanned systems." The article creepily hails the Switchblade drone as "the ultimate assassin bug". That's because, as I wrote back in 2011, "it is controlled by the operator at the scene, and it worms its way around buildings and into small areas, sending its surveillance imagery to an i-Pad held by the operator, who can then direct the Switchblade to lunge toward and kill the target (hence the name) by exploding in his face." AV's website right now proudly touts a February, 2013 Defense News article describing how much the US Army loves the "Switchblade" and how it is preparing to purchase more. Time Magazine heralded this tiny drone weapon as "one of the best inventions of 2012", gushing: "the Switchblade drone can be carried into battle in a backpack. It's a kamikaze: the person controlling it uses a real-time video feed from the drone to crash it into a precise target - say, a sniper. Its tiny warhead detonates on impact."

What possible reason could someone identify as to why these small, portable weaponized UAS products will not imminently be used by federal, state and local law enforcement agencies in the US? They're designed to protect their users in dangerous situations and to enable a target to be more easily killed. Police agencies and the increasingly powerful drone industry will tout their utility in capturing and killing dangerous criminals and their ability to keep officers safe, and media reports will do the same. The handful of genuinely positive uses from drones will be endlessly touted to distract attention away from the dangers they pose.

One has to be incredibly naïve to think that these "assassin bugs" and other lethal drone products will not be widely used on US soil by an already para-militarized domestic police force. As Radley Balko's forthcoming book "Rise of the Warrior Cop" details, the primary trend in US law enforcement is what its title describes as "The Militarization of America's Police Forces". The history of domestic law enforcement particularly after 9/11 has been the importation of military techniques and weapons into domestic policing. It would be shocking if these weapons were not imminently used by domestic law enforcement agencies.

In contrast to weaponized drones, even the most naïve among us do not doubt the imminent proliferation of domestic surveillance drones. With little debate, they have already arrived. As the ACLU put it in their recent report: "US law enforcement is greatly expanding its use of domestic drones for surveillance." An LA Times article from last month reported that "federal authorities have stepped up efforts to license surveillance drones for law enforcement and other uses in US airspace" and that "the Federal Aviation Administration said Friday it had issued 1,428 permits to domestic drone operators since 2007, far more than were previously known." Moreover, the agency "has estimated 10,000 drones could be aloft five years later" and "local and state law enforcement agencies are expected to be among the largest customers."

Concerns about the proliferation of domestic surveillance drones are typically dismissed with the claim that they do nothing more than police helicopters and satellites already do. Such claims are completely misinformed. As the ACLU's 2011 comprehensive report on domestic drones explained: "Unmanned aircraft carrying cameras raise the prospect of a significant new avenue for the surveillance of American life."

Multiple attributes of surveillance drones make them uniquely threatening. Because they are so cheap and getting cheaper, huge numbers of them can be deployed to create ubiquitous surveillance in a way that helicopters or satellites never could. How this works can already been seen in Afghanistan, where the US military has dubbed its drone surveillance system "the Gorgon Stare", named after the "mythical Greek creature whose unblinking eyes turned to stone those who beheld them". That drone surveillance system is "able to scan an area the size of a small town" and "the most sophisticated robotics use artificial intelligence that [can] seek out and record certain kinds of suspicious activity". Boasted one US General: "Gorgon Stare will be looking at a whole city, so there will be no way for the adversary to know what we're looking at, and we can see everything."

The NSA already maintains ubiquitous surveillance of electronic communications, but the Surveillance State faces serious limits on its ability to replicate that for physical surveillance. Drones easily overcome those barriers. As the ACLU report put it:

I've spoken previously about why a ubiquitous Surveillance State ushers in unique and deeply harmful effects on human behavior and a nation's political culture and won't repeat that here (here's the video (also embedded below) and the transcript of one speech where I focus on how that works). Suffice to say, as the ACLU explains in its domestic drone report: "routine aerial surveillance would profoundly change the character of public life in America" because only drone technology enables such omnipresent physical surveillance.

Beyond that, the tiny size of surveillance drones enables them to reach places that helicopters obviously cannot, and to do so without detection. They can remain in the sky, hovering over a single place, for up to 20 hours, a duration that is always increasing - obviously far more than manned helicopters can achieve. As AV's own report put it (see page 11), their hovering capability also means they can surveil a single spot for much longer than many military satellites, most of which move with the earth's rotation (the few satellites that remain fixed "operate nearly 25,000 miles from the surface of the earth, therefore limiting the bandwidth they can provide and requiring relatively larger, higher power ground stations"). In sum, surveillance drones enable a pervasive, stealth and constantly hovering Surveillance State that is now well beyond the technological and financial abilities of law enforcement agencies.

One significant reason why this proliferation of domestic drones has become so likely is the emergence of a powerful drone lobby. I detailed some of how that lobby is functioning here, so will simply note this passage from a recent report from the ACLU of Iowa on its attempts to persuade legislators to enact statutory limits on the use of domestic drones:

"Drones have their own trade group, the Association for Unmanned Aerial Systems International, which includes some of the nation's leading aerospace companies. And Congress now has 'drone caucuses' in both the Senate and House."

Howie Klein has been one of the few people focusing on the massive amounts of money from the drone industry now flowing into the coffers of key Congressional members from both parties in this "drone caucus". Suffice to say, there is an enormous profit to be made from exploiting the domestic drone market, and as usual, that factor is thus far driving the (basically nonexistent) political response to these threats.

What is most often ignored by drone proponents, or those who scoff at anti-drone activism, are the unique features of drones: the way they enable more warfare, more aggression, and more surveillance. Drones make war more likely precisely because they entail so little risk to the war-making country. Similarly, while the propensity of drones to kill innocent people receives the bulk of media attention, the way in which drones psychologically terrorize the population - simply by constantly hovering over them: unseen but heard - is usually ignored, because it's not happening in the US, so few people care (see this AP report from yesterday on how the increasing use of drone attacks in Afghanistan is truly terrorizing local villagers). It remains to be seen how Americans will react to drones constantly hovering over their homes and their childrens' schools, though by that point, their presence will be so institutionalized that it will be likely be too late to stop.

Notably, this may be one area where an actual bipartisan/trans-partisan alliance can meaningfully emerge, as most advocates working on these issues with whom I've spoken say that libertarian-minded GOP state legislators have been as responsive as more left-wing Democratic ones in working to impose some limits. One bill now pending in Congress would prohibit the use of surveillance drones on US soil in the absence of a specific search warrant, and has bipartisan support.

Only the most authoritarian among us will be incapable of understanding the multiple dangers posed by a domestic drone regime (particularly when their party is in control of the government and they are incapable of perceiving threats from increased state police power). But the proliferation of domestic drones affords a real opportunity to forge an enduring coalition in defense of core privacy and other rights that transcends partisan allegiance, by working toward meaningful limits on their use. Making people aware of exactly what these unique threats are from a domestic drone regime is the key first step in constructing that coalition.

Harms from the Surveillance State

One of the most difficult challenges in all discussions of privacy rights is articulating what most people instinctively already know: why privacy is so vital and why a ubiquitous Surveillance State is so destructive. Here is the speech I gave last year in Chicago in which I attempted to articulate those reasons:

 

 

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Malicious Obstruction in the Senate Print
Sunday, 31 March 2013 08:14

Excerpt: "Earlier this month, during one of his new across-the-aisle good-will tours, President Obama pleaded with Senate Republicans to ease up on their record number of filibusters of his nominees."

Excerpt: 'There is no historical precedent for the number of cabinet-level nominees that Republicans have blocked or delayed in the Obama administration.' (photo: unknown)
Excerpt: 'There is no historical precedent for the number of cabinet-level nominees that Republicans have blocked or delayed in the Obama administration.' (photo: unknown)



Malicious Obstruction in the Senate

By The New York Times | Editorial

31 March 13

 

arlier this month, during one of his new across-the-aisle good-will tours, President Obama pleaded with Senate Republicans to ease up on their record number of filibusters of his nominees. He might as well have been talking to one of the statues in the Capitol. Republicans have made it clear that erecting hurdles for Mr. Obama is, if anything, their overriding legislative goal.

There is no historical precedent for the number of cabinet-level nominees that Republicans have blocked or delayed in the Obama administration. Chuck Hagel became the first defense secretary nominee ever filibustered. John Brennan, the C.I.A. director, was the subject of an epic filibuster by Senator Rand Paul. Kathleen Sebelius and John Bryson, the secretaries of health and human services and commerce, were subjected to 60-vote confirmation margins instead of simple majorities. Susan Rice surely would have been filibustered and thus was not nominated to be secretary of state.

Jacob Lew, the Treasury secretary, was barraged with 444 written questions, mostly from Republicans, more than the previous seven nominees for that position combined. Many were ridiculous and had nothing to do with Mr. Lew’s fitness for office, such as a demand to explain the Treasury’s social media policies, or questioning an infographic on the department’s blog eight months ago.

Gina McCarthy, the nominee to lead the Environmental Protection Agency, is being blocked by Senator Roy Blunt of Missouri until he gets the answers he wants on a local levee project. And Thomas Perez, nominated to be labor secretary, is being held up by Senator David Vitter of Louisiana, who is angry about the Justice Department’s enforcement of voting rights laws. By comparison, there were four filibusters of cabinet-level positions during George W. Bush’s two terms, and one under President Ronald Reagan.

There have also been several impediments to executive-branch nominees beneath the cabinet level, the most troubling being that of Richard Cordray, whom Mr. Obama has renominated to lead the Consumer Financial Protection Bureau. Because the bureau cannot properly run without a full-time director, Republicans intend to nullify many of its powers by blocking Mr. Cordray for the second time.

Mr. Obama’s judicial nominees are also waiting for exceptionally long periods to be confirmed. The average wait for circuit and district judges under Mr. Obama has been 227 days, compared with 175 days under Mr. Bush. Last week, the Senate confirmed Richard Taranto as an appellate judge 484 days after his first nomination. (Republicans refused to confirm him in an election year.) The next appellate judge to come up, Patty Shwartz, has been waiting a year for a vote.

Last week, Caitlin Halligan, another appeals court nominee, had to withdraw from consideration after Republicans filibustered her for the second time, on the flimsy pretext that she was a legal activist. Republicans clearly don’t want any of Mr. Obama’s judges on the important United States Court of Appeals for the District of Columbia Circuit to which she was nominated, and the president needs to be more aggressive about filling the four vacancies on the court.

Republicans clearly have no interest in dropping their favorite pastime, but Democrats could put a stop to this malicious behavior by changing the Senate rules and prohibiting, at long last, all filibusters on nominations.

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Bitter Scalia Leaves US Print
Written by <a href="index.php?option=com_comprofiler&task=userProfile&user=9160"><span class="small">Andy Borowitz, The New Yorker</span></a>   
Saturday, 30 March 2013 12:24

Borowitz writes: "Justice Antonin Scalia dropped a bombshell on the Supreme Court today, announcing his decision to resign from the Court 'effective immediately' and leave the United States forever."

Supreme Court Justice Antonin Scalia. (photo: AP)
Supreme Court Justice Antonin Scalia. (photo: AP)


Bitter Scalia Leaves US

By Andy Borowitz, The New Yorker

30 March 13

 

The article below is satire. Andy Borowitz is an American comedian and New York Times-bestselling author who satirizes the news for his column, "The Borowitz Report."

ASHINGTON (The Borowitz Report) - Justice Antonin Scalia dropped a bombshell on the Supreme Court today, announcing his decision to resign from the Court "effective immediately" and leave the United States forever.

Calling this week "by far the worst week of my life," Justice Scalia lashed out at his fellow-Justices and the nation, saying, "I don't want to live in a sick, sick country that thinks the way this country apparently thinks."

Justice Scalia said that he had considered fleeing to Canada, "but they not only have gay marriage but also national health care, which is almost as evil."

He said the fact that nations around the world recognizing same-sex marriage are "falling like deviant dominoes" would not deter him from leaving the United States: "There are plenty of other countries that still feel the way I do. I'll move to Iran if I have to."

Throwing off his robe in a dramatic gesture, Justice Scalia reserved his harshest parting shot for his fellow-Justices, screaming, "Damn you! Damn each and every one of you to hell! You call yourself judges? That's a good one. You're nothing but animals!"

Breathing heavily after his tirade, he turned to Justice Clarence Thomas and said, "Except you, Clarence. Are you coming with me?"

Justice Thomas said nothing in reply.

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