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Hedges writes: "It will mean, in short, obliteration of our last remaining legal protections, especially now that we have lost the right to privacy, and the ascent of a crude, militarized state."

Chris Hedges. (photo: Truthdig)
Chris Hedges. (photo: Truthdig)


The Last Chance to Stop the NDAA

By Chris Hedges, TruthDig

02 September 13

and my fellow plaintiffs have begun the third and final round of our battle to get the courts to strike down a section of the National Defense Authorization Act (NDAA) that permits the military to seize U.S. citizens, strip them of due process and hold them indefinitely in military facilities. Carl Mayer and Bruce Afran, the lawyers who with me in January 2012 brought a lawsuit against President Barack Obama (Hedges v. Obama), are about to file papers asking the U.S. Supreme Court to hear our appeal of a 2013 ruling on the act's Section 1021.(Truthdig / Mr. Fish)

"First the terrorism-industrial complex assured Americans that they were only spying on foreigners, not U.S. citizens," Mayer said to me recently. "Then they assured us that they were only spying on phone calls, not electronic communications. Then they assured us that they were not spying on American journalists. And now both [major political] parties and the Obama administration have assured us that they will not detain journalists, citizens and activists. Well, they detained journalist Chris Hedges without a lawyer, they detained journalist Laura Poitras without due process and if allowed to stand this law will permit the military to target activists, journalists and citizens in an unprecedented assault on freedom in America."

Last year we won round one: U.S. District Judge Katherine B. Forrest of the Southern District of New York declared Section 1021 unconstitutional. The Obama administration immediately appealed her ruling and asked a higher court to put the law back into effect until Obama's petition was heard. The appellate court agreed. The law went back on the books. I suspect it went back on the books because the administration is already using it, most likely holding U.S. citizens who are dual nationals in black sites in Afghanistan and the Middle East. If Judge Forrest's ruling were allowed to stand, the administration, if it is indeed holding U.S. citizens in military detention centers, would be in contempt of court.

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+37 # WBoardman 2017-06-24 13:29
Yes, Obama choked on dealing presidentially with
Russian phishing in US elections.

But by then, choking was a pattern and the way around
it was to have a Daniel Ellsburg equivalent to reveal the truth,
and there was no such person in government in 2016.

The Obama choking pattern became apparent in 2009:
with healthcare, taking single payer off the table without
a struggle, and
with Honduras, pretending a vicious military coup wasn't
a vicious military coup.

We're all still paying for both those chokes and so many more.

It's hard to know which is sadder and more damaging to
the country: people who believe in Obama or people who
believe in Trump.
 
 
+10 # mashiguo 2017-06-24 23:38
Why are Obama and Trump v. Hillary our only two choices?

Why is there not a single word about cross check in this article, which did swing many elections?

Why not a single word about riggin the Democrat primaries, which left us with two contemptible choices?
 
 
+1 # EternalTruth 2017-06-25 08:35
1. Because our system is rotten to the core
2. Because that's not what this article is about.
3. Because that's not what this article is about.
 
 
+2 # Rodion Raskolnikov 2017-06-26 06:19
BBoardman -- "But by then, choking was a pattern and the way around
it was to have a Daniel Ellsburg equivalent to reveal the truth,
and there was no such person in government in 2016. "


Snowden was on the scene and so were very many other very significant leakers -- Manning, Kiriakou, etc. Obama chose to prosecute the hell out of these rather than listen to the truth they exposed and make changes in government.

I think the CIA pretty much ran Obama. He was a willing tool or as I've often called him "house negro" for the CIA. That he failed to do anything about this memo we are now just learning about is probably because:

1. the memo did not exist until now or was just more trivial chatter.

2. the CIA did not really care about the story back then when it was 99.9% certain Hillary would win.

3. the CIA did not tell him exactly what to do.


Nonetheless, Obama's administration is the origin of the New Cold War against Russia and China. He's responsible for the pivot to Asia, the coup in Ukraine, the continued encirclement of Russia, the creation of ISIS as a proxy army, the renovation of the US nuclear arsenal as a preparation for war with Russia and China. All of these were CIA instructions he did act on. He was doing a lot. And this minor story was way down on the list of importance -- back then. Now it is high up for the mass media, which is taking CIA orders.
 
 
+15 # SamWilliams3 2017-06-24 13:36
The WP article may have misled. The CIA determined that Russia was interfering in the election. NSA disagreed. NSA monitors all communications, electronic activity. They know what's going on. NSA spies. They provide intelligence. CIA plays a different role. They act on intelligence.

There is a difference between spying and cyber-warfare. There is ample evidence Russia spied on our election process. We spy on theirs. That's normal. There is, to date, no public evidence that they acted on the intelligence they gained. Russian interference in the election is still mere supposition and accusation.
 
 
+27 # MidwestDick 2017-06-24 13:36
Money out of politics! Hand count the ballots in a highly witnessed chain of accountability. That done, the system is immune to russian ratf**king.
 
 
+20 # Shorey13 2017-06-24 14:25
Our putative "democracy" is in the toilet. Incapable of dealing with the crisis we are facing. Anyone care to guess what will happen when the "toilet" is flushed?

The only reason we survived the Great Depression was that FDR became a benevolent dictator. He just did what was necessary, whether Congress or the Supreme Court liked it or not.

Sadly, there is no new FDR on the horizon.
 
 
+1 # Texas Aggie 2017-06-24 22:13
Neither horizon, neither the east nor west, not the future nor the past.
 
 
+18 # librarian1984 2017-06-25 00:15
Quoting Shorey13:
Sadly, there is no new FDR on the horizon.
Yes there is: Bernie Sanders.
 
 
+18 # harleysch 2017-06-24 14:28
Charles, I see one huge problem with the WaPo report: how do we know that the "intelligence captured" from "sourcing deep inside the Russian government" is true? Because John Brennan said so?

Could it have been "fake intelligence", like Tony Blair's intel of Saddam's WMDs? Could it have been a Russian plant, given to a blown source, to discredit U.S. intelligence? Many people around the world are shocked that this "investigation" is continuing, with no end in sight, while real, significant problems are NOT being addressed! Could it have just been made up by John Brennan, who along with Obama, is deeply suspicious of Putin, but not of "our" Saudi allies who have been arming and funding Al Qaeda and ISIS?

This latest WaPo story, like all of its coverage of the "Russia-Putin elected Trump" story stinks to high heaven. Many RSN readers are rightly suspicious of it, but we keep getting more of it on RSN.

I'm not sure why!
 
 
+4 # Rodion Raskolnikov 2017-06-25 06:31
harley -- good point. the CIA always creates disinformation in order to manipulate a president. Maybe Obama did nothing because as you say this story like the Wapo report stinks to high heaven.


Maybe even Obama smelled a rat and he ignored it.

RSN keeps posting this disinormation or fake news from the Wapo or NYT because it wants us to see first hand how bad mainstream news has become. The total dishonesty of the Wapo -- which is a CIA house organ -- and the rest of the MSM is a much bigger crisis in democracy than the silly story about Russian meddling in the US election.

Now these totally dishonest news organizations are creating "algorithms" in order to police all news. Here's a very good article on Consortium -

"Policing Truth Rebuild Trust"

https://consortiumnews.com/2017/06/24/policing-truth-to-restore-trust/


The Wapo's credibility is almost totally gone. Only the "true believers" still even read the Wapo. We should be grateful to Marc for sending to us these "smoking guns" of how the intelligence community has taken over the mainstream media, the Wapo most of all
 
 
+3 # Anonymot 2017-06-25 09:36
the intelligence community has taken over the mainstream media, the Wapo most of all."

Oh, it's a very tight race between WaPo and the NYT.
 
 
-1 # librarian1984 2017-06-25 23:33
With respect, RR, are you being sarcastic?
 
 
+2 # Rodion Raskolnikov 2017-06-26 14:22
No sarcasm. In this bold new age of data free analysis, fact free journalism, and evidence free conviction, we need all the smoking guns we can get. I'm sure Marc never sleeps, searching the four corners of the earth for smoking news articles.
 
 
-1 # librarian1984 2017-06-26 16:19
lol
 
 
0 # librarian1984 2017-06-26 16:21
What do you mean? Oh look -- Russia!! Russia!! Russia!!
 
 
+10 # tedrey 2017-06-24 15:12
It's interesting that the actual substance of the hacked material -- that his own party apparatus was already jimmying up the election for their chosen candidate and concealing that from the public -- called forth no indignation or investigation . . . and still hasn't.
 
 
+16 # Route 44 Toyota Sold Me A Lemon 2017-06-24 15:34
"Bipartisan support" ?

Republicans no longer work for Americans, instead for the Dirty Energy Koch Brothers, the Mercers, Sheldon Adelson et al.

What a tragic commentary on a Party that has had such eloquent statesmen in the past.

Let's work together as we move forward to restore Democracy...wit h a BIG 'D.'

When Ben Franklin said 'A Republic if you can keep it...' will we surrender?
 
 
+11 # Anonymot 2017-06-24 16:25
OK, I read it. If one understands the background it describes either a level of total, stupid failure on the part of Obama's political and intelligence appointees (and Obama) or it is a concoction brewed up by those same brains and planted with WaPo. Or both.

Keep in mind that Deep State and their voices, CIA and Hillary, were scared to death of a renegade like Trump or Sanders becoming President. Sanders they took care of, but when they decided to abandon the Republicans in 2007 as unelectable, they failed to gain control of it last year and assumed their Hillary would win hands down. So what this article sounds like is a carefully worked out justification of their incompetence. That's what the CIA always does with their failures. They still think they won in Iraq & Libya.

It all boils down to he says, she says. For all of the citations, there's still not anything that's clear and factual except that the parties involved don't like Putin - as if that's news.
 
 
+14 # markovchhaney 2017-06-24 17:31
Start with the assumptions that Russia is our enemy (proof?), that everything that comes out of our "intelligence" services is trustworthy (plausibility argument?), and that Republicans are the bad guys, Democrats are the good guys (always? Really?), and this swirling miasma of pseudo-proof might look good to you.

But those of us who would like to see some actual evidence, this smells. Is Obama stupid? I really really doubt it. So maybe when you are basically a neoliberal, appealing to bipartisanship when you know there isn't any to be had is the perfect cover for getting just what you (or your backers) want: not much social progress, carte blanche on the military front, and a lot of regressive social stuff you can blame on the GOP in your tearful memoirs.

No sale here, Charles. Still inclined to think we are being misdirected from the provable election fraud: the 2016 Democratic primaries.
 
 
0 # Texas Aggie 2017-06-24 22:15
What sort of evidence would you accept?
 
 
+5 # Salus Populi 2017-06-25 08:15
 
 
+4 # nice2bgreat 2017-06-25 09:07
Quoting Texas Aggie:
What sort of evidence would you accept?


The kind of "evidence" that reputable skeptics acknowledge as "evidence" from non-anonymous experts in the field, such as, William Binney, for instance; Ray McGovern is a good source for perspective; reporting from actual journalists like Robert Parry, Seymour Hersh who do not blur the line between evidence and speculation and whose "facts" are honestly vetted, corroborated, and reliable.

If the FBI, etc., subpoenas the DNC servers that the DNC alleges were hacked and those servers are investigated for actual evidence of "hacking"; while at the same time speaking to the Wikileaks disclosures that the US government has developed technology to mask or disguise evidence of their own hacking and misdirection capabilities.

If "evidence" of "collusion" between Donald Trump and Putin are presented, as "collusion" is the supposed basis for the Russia hysteria.

Maybe if solutions to the crisis -- such as, return to paper balloting, same-day registration, voting holiday, etc. -- are championed, along with responsible investigations.

How about, if, rather than blaming Russians, evidence free, US institutions and agencies consider and investigate the usual suspects in election fraud, American neo-cons and liberal interventionist s, and get to the bottom of our own home grown and institutional interferences?

This would be a good start.
.
 
 
+1 # Anonymot 2017-06-25 09:42
That's a good question. These fake people can fake everything from birth certificates to complex news stories like this one. That' the Wolf Crier Problem. Itbecomes impossible to know what's true and what they have manufactured.
 
 
+10 # Jeff Vallarta 2017-06-24 17:47
Are the Washington Post and Esquire stories (reprinted today by RSN) both from the same press release since they seem to repeat most of the same story/sound-bit es? If so, who is writing these guilty-before-p roven press releases? If there is one person they benefit, who would that be? With so much circumstantial evidence at best and so much blame of everyone (even Obama who is admirably silent) for Clinton's loss, I wish the Democrats would leave 2016 behind and move-on to a winning vision and a real progressive (not corporate) agenda NOW and for 2018: green jobs and energy, Medicare for All, $15 minimum wage, free tuition, and an end to red-baiting us all in to a war with Russia. No, US citizens do not need a blow by blow trial of Russia in the court of public opinion via Fox and CNN. If Democrats want to win 2018 we need to let the investigations happen, we need to hear the results, and we need to get Democrats to endorse a progressive vision and primary/boot those who don't. Democrats who race to the right with corporate funding will continue to lose. If we don't line this up soon (already 8 months wasted) Dems will surely lose 2018, and that means 2020.
 
 
+5 # diamondmarge7 2017-06-24 17:47
NoDramaObama -the more we find out about his lookinglikeanal mostfailedPresi dency the more horrified I become. Jeepers creepers! Asking MendaciousMisan thropicMalevole ntMcConnell's advice ON ANYTHING other than how to screw ABSOLUTELY EVERYBODY--is insane on its face. I think I couda done a better job of handling this dynamite.
 
 
+17 # davehaze 2017-06-24 17:55
Pure bs, Charley.

The information that the American people have the absolute right to know is the massive voter fraud of electronic voting machines and voting tabulation manipulation, striping and flipping voters - - look it up - - and media minuplation and propaganda and horse race election coverage while refusing to cover issues and anything far from the center right, none of which has anything to do with Russia but is pure born and bred USA dulopathy party controlled.
 
 
+5 # Farafalla 2017-06-24 18:38
My worst fear is that there is no going back to where we were when this fork was in the road. We will most likely see people stop voting when they do not think their vote will be counted. If the objective is to weaken the already moroibund state of democracy in western countries, then voila! Success.

Bad decisions have long term effects. This one might have cost us what remains of a republic. In the end it will not only be the ferocity of the emboldened right that will win the day, it will be the capitulations of the corporate democrats that will have cost us dearly.
 
 
+1 # Shorey13 2017-06-24 21:14
Markivchhaney put his finger on it. The Neoliberals who run the Democratic Party: appealing to bipartisanship when you know there isn't any..." Nodrama Obama pretty much got what he wanted, which was status quo, business as usual. And Sanders was and is their worst nightmare.

If only we could convince Bernie and Elizabeth to ditch the Democratic Party and start a new, Progressive Party..... Neoliberalism is the policy of the Moderate Republicans who hijacked the Democratic Party when they were ejected from the GOP. Read "Listen Liberal" by Thomas Frank, and it all becomes clear.
 
 
+2 # librarian1984 2017-06-25 12:01
Sanders debated whether to run as an Independent or a Democrat. He chose the latter but it suggests he's open to the possibility.

The remarkable thing is that Sanders could save the DP, bringing them millions of young voters and a new funding opportunity, but they are either too stupid or too corrupt to accept the offer. They treat him terribly and may just drive him to do what many of us have wanted -- starting a new and populist party.

Many of us have been asking Sanders to lead his revolution to a new party but instead he's been working like a dog to save the DP's bacon -- all while they treat him like dirt.

It may very well be the Democrats who push him into it, sealing their own fate, quintessentiall y tragic figures, the DP once again snatching disaster from the jaws of victory.

If Bernie were to leave, there might be a minority of DPers who leave for him, maybe as much as 20%, but the majority would, I believe, come from the plurality of Independents and the pool of those who have dropped out of the system.

Wouldn't that be something?
 
 
+6 # Mainiac 2017-06-24 22:06
 
 
+1 # relegn 2017-06-25 05:56
The releasing of the information on Russian hacking during an ongoing election was a damned if you do ,damned if you don't situation. Sometimes you have to take the chance that the public can make up its own mind. Open informed discussion is the heart of democracy.
 
 
+6 # economagic 2017-06-25 06:52
I agree with Boardman w/r/t choking being Obamas M.O. He had good reason to be overly cautious in a time of great turmoil when bold moves were sometimes called for. His first slightly bold move -- a massive government spending plan when the threat of a global depression on a scale greater than that of the 1930s was quite real -- was shot down by the people who should have been the most concerned about that possibility.

He was effectively recruited to be the first black president by a billionheiress from Chicago's Gold Coast who as far as I know had no record of championing the African American cause. And while part of the country was "ready" for a black president, part of it was definitely not, as the SPLC could have predicted. From his first day in office he was subjected to a firestorm of racist "humor" on the internet (a Tea Party friend who does not think he is a racist sent me plenty of it), and the Secret Service reported far more threats on his life than any previous president.

But on the particular point of whatever the Russian government did or didn't do, I agree with Anonymot and markovchhaney. As I said many times in these pages last year, powerful interests we cannot see, and a few we can, are engaged in a war of propaganda and dirty tricks, an opaque and mind-bogglingly complex version of Antonio Prohias's "Spy vs Spy" for extremely high stakes. The one thing of which we can be reasonably certain is that NO ONE is consistently telling the truth.
 
 
+1 # elkingo 2017-06-25 19:27
What a load of crap. The entire global leadership culture would need to be replaced even if they were on the "up and up" - let alone that they are all corrupt, disingenuous, secretive, manipulative dorks. Think Socialism.
 
 
+1 # spenel334 2017-06-26 13:32
Obama's reaction was part and parcel of the, what to call it? timidity,
cowardice? of the Democratic party since 2000. We all know that Al
Gore won the election in 2000, before the Supreme Court ever entered the picture. Just the number of ballots that ended up in the swamps or any trash receptacle would have changed the results. And then 2004 happened, with the Republicans messing around with the voting machines in Ohio. And since that time, the 2016 election, along with Jon Ossoff's election in Georgia are, at minimum, in doubt. And certainly Obama knew about voter suppression in Republican states, and crosscheck as well as purging of legal voters from voting lists, and more, when he learned of Russia's perfidy. So the president's hesitation was beyond acceptable.

But why now? The voter suppression efforts are only getting worse, to the point that we cannot plan on any victorious elections until something is done, and nothing is being done. Political leaders must be the ones to start speaking up, and then ordinary voters will join in. But they have to start the process. Please, and another please, Democratic
senators, representatives , reporters, talk show hosts, anyone with a voice, stop with this 'keep you mouth shut' MO and say something. That is, unless you really don't give a damn. Yes, there will be an enormous reaction by the Republicans, but the suppression is their reaction to our cowardliness. There is no sense to continuing this way.
 

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