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Well-conditioned Americans intuitively know both, that all hell would break loose if evidence emerged that the US agencies & private military/intelligence contractors were infiltrating the Tea Party with intent of fabricating links between them & terrorist organizations, and evidence of such KGB tactics used vs. peaceful progressive/liberal groups should be ignored as not newsworthy. 

Do you doubt such blatantly hypocritical, Orwellian double-standards are widely accepted (even in minds of those illegally targeted)? Is it acceptable for US/private "anti-terror" entities to target left-leaning non-violent activists/groups with covert military warfare by fabricating links to bonafide terrorist groups? 

Well, let's see how media & you respond to the evidence in the "Findings of Fact" (pp. 21-23) section of US federal Judge Katherine Forrest's historic ruling overturning the NDAA's controversial "indefinite detention" provision, as facially unconstitutional for being too vague and lacking definitional structures (e.g. Obama lawyers would not divulge to judge/public what the heck "substantial support" means & who "associated forces" are).

The aforementioned pages discuss extremely credible evidence that US & private intelligence agents planned to infiltrate US Days of Rage (an organization affiliated with Occupy Wall Street) & fabricate links between them (& thus, their founder, Alexa O'Brien, plaintiff) and both Islamic terrorist groups, and the loose-knit organization, "Anonymous," allegedly implicated in cyber-terrorist activities. 


Judge Forrest admitted this evidence (the US did not object) as proof of Ms. O'Brien's credible fear of being "indefinitely detained" by the US military for activities/speech, which Judge Forrest ruled was protected by the 1st Amendment right to free speech and assembly. 


Although I've repeatedly & explicitly alleged such illegal, covert US targeting of political critics/activists has been underway since the Bush-Cheney years, the evidence continues to mount that the US agencies (directly, or via private contractors) are deliberately, knowingly fabricating links between progressive activists/academics/journalists/groups, and "associated forces" deemed terrorists, or posing some nebulous "threat" to US security, so that they can either: 


1) "Indefinitely detain" suspected US citizens in military custody without charges or trial, or,




2) Target non-violent Americans/groups with covert forms of military warfare (e.g. psychological, cyber-), persecution, repression, blacklisting, discrediting, intimidation, blackmail, sabotage, social-engineering, property destruction, theft/expropriation, etc.




Though Judge Forrest's ruling would seem to ban the former, I argue that US history (going back at least a half century), political realities, and related recently exposed evidence strongly suggest that the most likely threat to 1st Amendment (free speech/assembly) & 5th Amendment (no deprivation of life, liberty, property without due process) protections has/will come from #2-covert warfare- vs. US citizens targeted because of illegally fabricated threat assessments. 




Indeed, evidence exposed by Anonymous-hacker collective & published by Wikileaks, shows private intelligence contractors like HBGary, developed a proposals aimed at discrediting, repressing & silencing progressive critics of the US Chamber of Commerce & defenders of Wikileaks, specifically naming former constitutional lawyer, Glenn Greenwald (see my blog & email to the journalist,  "Could Glenn Greenwald Sue US/Corporate Entities Linked to Plot to Discredit/Silence Progressive Journalists/Activists?"). 




This evidence- like that submitted by plaintiff Alexa O'Brien- reveal three important facts: 




(a) There is an unknown amount of collusion between Big Business, US (e.g. DHS, possibly DOJ) & private security, defense, intelligence (US tax-funded) contractors, who've plotted to covertly discredit, & silence progressive groups/activists/journalists, exercising their 1st Amendment rights to free speech & assembly. 




(b) US/private "war on terror" entities have plotted to (or actually have) fabricate(d) evidence that progressives were "substantially supporting" groups, deemed to pose national security threat (e.g. Wikileaks, Anonymous), in order to (secretly) justify targeting these progressives with military forms of covert warfare, Gestapo/KGB-like repression, intimidation, persecution. For example, the HBGary proposal expressed confidence it etc. 




(c) Contrary to propaganda defending such extraordinary "war on terror" powers as necessary to protect Americans from members of Al Qaeda/Taliban/terrorism, they are being used to target non-violent progressive US citizens/groups, whose expressive activities displease corporate &/or political elite. For evidence that even Democratic opponents of NDAA provision 1021b-

my US Senator Klobuchar (D-MN)- have misrepresented it as only covering members of terrorist organizations in letters to constituents, see my 8/14/12 article, "Obama Lawyers' Scandalous Revelations in US Court Missed by Media & Congress: 'Secret Powers' Exceed NDAA & Imagination." 


Though Americans should find these revelations shocking, intolerable encroachments on fundamental freedoms, rights to free speech & due process, this authoritarian trend was hardly unforeseeable. Indeed, in my controversial (Tucker 2004) article, "Ideological Protectionism: The Bush Administration's Misuse of Science & Information in the Policy Process" I warned of grave threats to Americans' security, democracy & global economy if the appropriate US governmental entities (e.g. Congress) did not investigate the use of "war on terror" powers for the historically unprecedented repression & censorship of scientists, academics & whistleblowers, and the possibility of Bush administration's Watergate-type crimes. In the subsequent years through until the present, I've repeatedly published analysis of evidence (like that above) to support my allegation that elements of the US executive branch were secretly claiming unprecedented "war on terror" powers & using them to target US political critics/activists with high-tech versions of J. Edgar Hoover-type COINTELPRO operations.



Far from being progressive paranoia, these evidence-based suspicions/accusations are shared by a top Bush administration official, Lt. Col. Lawrence Wilkerson, the former chief of staff and counsel to Secretary of State Colin Powell, has made similar warnings.

In the video interview below with RT News, he warns about the NDAA and the suspension of posse comitatus (prohibition of using military/intelligence within US, enacted after Civil War), likening both to infamous FBI Director, J. Edgar Hoover's  massive operations (e.g. COINTELPRO) to blacklist, and target legitimate civil rights & anti-war dissenters (e.g. MLK Jr.) as "supporting" communism, and suggests the NDAA authors/supporters are
more concerned with US citizens in surging ranks of those in Occupy & protest movement than Al Qaeda sleeper cells. Regarding these trends, Wilkerson says:

 
"This is crazy, this is insanity. This is a road to tyranny...I don't think they're doing this based on their fear of terrorists. I really think they're doing this based in their ultimate fear of the Occupy Wall Street -- cum -- other movements in this country which are going to deepen and become more profound in every city in this country if we do head into a depression, rather than a recession which, with Europe and our banks so heavily committed to each other, is looking more and more like the future. If that's the case, these people are hedging bets against their own people, by making their military a part of the force they will call out against their own people. And to me, that's heinous. Calling the Occupy Wall Street people terrorists is the next move, I mean, that's how you start this kind of stuff."
 



FBI whistleblower, Colleen Rowley, has also warned that if massive 'Top Secret' Anti-Terror matrix is not reined in that:
"We are almost certain to suffer replays of the worst of examples of Cold War McCarthyism and Vietnam COINTELPRO abuses."




Some critics- including lead plaintiff Chris Hedges- refer to these trends as the criminalization of dissent. However, criminalization implies laws, trials, judges, juries, and this is also happening, as evidenced by the mass arrests, violent crackdowns on protestors, and the "Criminalizing Protest/Tresspass" Bill HR 347, which gives Dept. of Homeland Security & Secret Service expansive discretion & powers to imprison peaceful protesters near certain officials, buildings, designated areas.




However, this obscures what is more accurately described as the militarization of a free society, in which those expressing political dissent or peaceful protest groups are re-classified as "enemies" posing a national security threat & attacked with military-style covert warfare, which in vary ways can deprive them of their life, liberty or property without any due process rights to defend their innocence or challenge the US tax-funded Police State repression, and covert warfare against unarmed, non-violent US citizens &/or their associates, friends, families, etc.



Although most of the past COINTELPRO warfare vs. US citizens/groups did not involve overt violence, there is very compelling (if not irrefutable) evidence that the 1970 Kent State massacre of anti-war protestors was a COINTELPRO operation, triggered by an FBI agent provocateur, who fired a pistol to provide the justification for the slaughter of unarmed students, with the motive of sending a warning message to Americans protesting the Vietnam War (see, Kent State: Was It about Civil Rights or 
Murdering Student Protesters?).


This Kent State story and the on-going cover-up could not be more relevant at this historical juncture, when mass poverty & inequality remains grotesquely high in the richest country on Earth, top 1% is hoarding more wealth & income, engaged in a historically unprecedented post-Citizens United purchasing of US elections, aggressive voter repression campaigns, all combine to heat up the American pressure cooker, one measure of which will be the one-year anniversary of the Occupy Wall Street protest on Mon. Sept. 17, 2012.



Regardless of what happens at the Occupy protests on 9/17/12, you can be sure there is a US taxpayer-funded covert war being unleashed to suppress, chill, discredit, fragment, and diffuse that remaining outlet for the mass outrage, inequality, despair, & desperation that's eating away at the fabric of our human society and trust in our 'democratic' institutions ability to deliver substantive & procedural justice.  


Given the controversial nature of my political analysis & research, any readers I might have, will surely find it curious & suspicious that the person I recently gave permission to publish one of my blog posts on his website about Internet security/privacy, actually published my article- without my permission- on a website ostensibly devoted to Anonymous activists


Although the person removed my article after my stern protest, I could not help but see the striking similarity in tactics vs. one of the plaintiffs in this historical NDAA case, which I just happened to be covering closely & about which, I've published very controversial articles (e.g. "Obama Lawyers' Scandalous Revelations in US Court Missed by Media & Congress: 'Secret Powers' Exceed NDAA & Imagination").   

As I said in my previous blog post, I wish I had the opportunity/right to provide testimony & evidence to Judge Forrest in this historically important case about the right to free speech & non-violent political associations...

I have my reasons...like the US citizens fortunate enough to enjoy their right to legal representation in this historic case about the future of Americans' right to free speech & 5th Amendment Due Process protecting us from unwarranted deprivations of life, liberty or property. 


I advise against unjustified exuberance celebrating this victory for fundamental human rights, as many unanswered (even unasked) questions remain.


Originally posted to Christopher Tucker on Sun Sep 16, 2012 at 11:45 PM PDT.

Also republished by Occupy Wall Street.

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Comment Preferences

  •  as a matter of fact.... (3+ / 0-)
    Recommended by:
    marleycat, penguins4peace, corvo

    ..... US agencies and independent contractors have been watching the extreme right wing for years, and conducting whatever investigations and prosecutions are indicated by the evidence that turns up.  Speaking from experience here, a couple of years ago.  OSI, but none the less, it brought a couple of baddies in.    

    BTW, the extreme right is also every bit as paranoid about being spied upon as the extreme left, and also believes that they are being infiltrated and spied-upon far more than the extreme left.   The grass is always greener on the other side of the fence.

    Lastly but not leastly, got Facebook?  Gmail?  Smart phone?  Well guess what?  You're being tracked, stalked, keyworded, profiled, dossiered, facially-identified, voiceprint-identified, collected, compiled, analyzed, and more.  And it's all wrapped up in shiny consumer dreck, to make people want it, just the same way as baby chimps instinctively grasp at shiny objects.  Now think of where the national debt would be if all that surveillance was being paid for by the proverbial three-letter agencies.  

    "Minus two votes for the Democrat" equals "plus one vote for the Republican." Arithmetic doesn't care about your feelings.

    by G2geek on Sat Sep 15, 2012 at 04:12:13 AM PDT

    •  I wasn't referring to US "merely" spying (6+ / 0-)

      & legitimate law enforcement. My historical assessment that yes, the FBI has infiltrated violent left/right-wing groups like KKK, neo-Nazis, but invested significant effort attempting to falsely frame non-violent anti-war, progressive/liberal activists (e.g. MLK as commie, Occupy linked to Jihadist) in order to justify non-investigatory persecution, sabotage, discrediting, and much, much worse.

      Also, I highly doubt the Tea Party is treated like the KKK or covert attempts to link the two to attack TP are underway. Yet none of the plaintiffs (& progressives like them) fearing indefinite detainment could hardly be credibly linked to supporting Islamic Jihadists, yet such attempts were/are afoot.    

      •  1. amicus brief? 2. jihadist is not a bad word in (3+ / 0-)
        Recommended by:
        G2geek, corvo, qofdisks

        Arabic. 3. Which violent left wing groups can you identify to be operating in the USA? 4. Cyber terrorism doesn't seem proper term to be attributed to information outing or jamming service. If the activities compromised monitoring and control of something potentially lethal, then I could see it. 5. Could you name the 2 websites referred to as permitted and not permitted for your article mentioned above? 6. NDAA stands for what?
        -thanks

        You can hold an opinion, or a grudge, or a stock, or a picket sign. But the time really to be at your best Is when you hold the hand of a trusting child.

        by renzo capetti on Sat Sep 15, 2012 at 06:04:29 AM PDT

        [ Parent ]

        •  Anwers (3+ / 0-)

          I was speaking historically about left-wing groups (Weathermen Underground), and I personally can't ID any existing groups, and suspect most/all of alleged violent-friendly anarchists are agent provocateurs, though I could be wrong. Cyber-terrorism was term used in the court case referring to Anonymous, not necesarily my opinion. NDAA = National Defense Authorization Act. I'm a little hesitant to name the websites for reasons I might clarify later w/a fuller explication of my predicament, but I'll say that this incident was comparatively minor (I hope), and the ostensibly "Anonymous activist" site looked totally fake, w/ no activity, and very little content until my article was put on their for a while.      

          •  Well, there is AIM, Black Muslims (0+ / 0-)

            and the Quakers for radical left orgs.

            •  New England Quakers used to... (1+ / 0-)
              Recommended by:
              qofdisks

              .... invite the local & state PD and the feds to come to their organizing meetings.

              This is pacifism with power, because it says:

              1)  We are going to do nonviolent civil disobedience, and you can watch how we prepare for actions to ensure they stay nonviolent, and,

              2)  along the way you'll see how well organized we are, and how capable we are of conducting protests that are effective.

              "Minus two votes for the Democrat" equals "plus one vote for the Republican." Arithmetic doesn't care about your feelings.

              by G2geek on Sat Sep 15, 2012 at 07:35:35 PM PDT

              [ Parent ]

      •  why did you re-post this so quickly? (0+ / 0-)

        You posted it once on Saturday, so why post it again on Sunday?

        "Minus two votes for the Democrat" equals "plus one vote for the Republican." Arithmetic doesn't care about your feelings.

        by G2geek on Mon Sep 17, 2012 at 12:58:04 AM PDT

        [ Parent ]

        •  I changed it substantially & accentuated relevance (2+ / 0-)
          Recommended by:
          blueoasis, Horace Boothroyd III

          to those interested in the Occupy movement, which made it more topical given the anniversary protest today. I'm new here & someone told me to "re-publish" my 1st post at later time b/c they thought it was important story, but drowned out by some other news. Why? Is it a problem? What's the norm?

          Elsewhere, I've got in habit of publishing rought drafts that aren't totally embarrassing, getting feedback, and sometimes altering the original so much that it's qualitatively different.

          I actually intended to add important new sections & clarifications, as well as polishing. Is there some norm or rule about how one should do this?  

          •  it seems like a variation on diary pimping or... (2+ / 0-)
            Recommended by:
            DerAmi, blueyedace2

            .... rewriting your own history, or treating your audience as if they're unpaid staff to help fix your writing.  It's a turn-off and it's also vaguely trollish, especially when it almost-immediately follows another diary by the same author.

            Worse yet, posting diaries as "rough drafts" to be re-posted again in a short while is crass.  It's like a band releasing an album consisting of the rough mixes of fifteen songs, and asking their audience to give them production suggestions.  

            If you have an idea or opinion you want to "test market", do it in comments and see what kinds of replies you get.  If people urge you to turn it into a diary, do it, but don't just re-post the comment: add a bunch of stuff such as supporting facts with links.  

            DK is not a scratch pad.  It's the progressive Democratic digital "newspaper of record," and the stuff people publish here is supposed to be ready for publication, not half-baked.  You really don't want to get a reputation for being half-baked.  

            "Minus two votes for the Democrat" equals "plus one vote for the Republican." Arithmetic doesn't care about your feelings.

            by G2geek on Mon Sep 17, 2012 at 01:27:27 AM PDT

            [ Parent ]

        •  it should be reposted every week (1+ / 0-)
          Recommended by:
          Christopher Tucker

          so that it has some chance to break down barriers with people here, specifically at dKos.

          dKos could truly become something outstanding if those running the site would consider leaving its partisan hoisting up of Democrats as some kind of real answer for a better, freer, more stable American society. because Obama will likely get elected, but when the changes don't materialize in the next four years... where is the credibility? what happens when the para militarization of our police becomes more wide spread and suddenly we can't tell the difference between police and military?

          NDAA... FISA... MCA... if you and all the blah blah blah about the supreme court being so important, then you can't possibly tell me these policies are in line with that argument.

          Rather a place like dKos, to be revolutionary and evolutionary, should consider giving center stage to issues, ways to create power platforms locally and regionally.

          it is the issues, stupid. tracking Dems, imo, is an incredibly bad decision, bad strategy, and keeping the status quo in control.

          •  OK, so write to Markos and ask him to... (2+ / 0-)
            Recommended by:
            blueyedace2, Christopher Tucker

            .... change his policy about banning the promotion of third party candidates.  He's the publisher & editor-in-chief so he gets to make the editorial policies here.  

            Who knows, you might get lucky and reach him when he's in a particularly goofy mood, and he might go along with it.  

            "Minus two votes for the Democrat" equals "plus one vote for the Republican." Arithmetic doesn't care about your feelings.

            by G2geek on Mon Sep 17, 2012 at 05:07:51 AM PDT

            [ Parent ]

  •  Rights have to be respected to be realized. (6+ / 0-)

    It was probably a bad idea to append a list of prohibitions to a document which otherwise enumerated the duties and obligations of agents of the federal government. The prohibitions made it possible to argue that what is not forbidden, is permitted. So, for example, since indefinite detention without charges, trial and conviction is not forbidden, it can be employed if national security demands it.
    The reason corporations are accorded the same rights as individual persons and enjoy the presumption that their behavior (including dumping toxins in the environment) is good until proved otherwise, is because our legislators have not seen fit to set different standards for artificial bodies.

    It should be the other way around, since corporations by their very nature are more dangerous than the natural person.

    We organize governments to provide benefits and prevent abuse.

    by hannah on Sat Sep 15, 2012 at 04:37:22 AM PDT

  •  "shockingly bad" sez lawfare. (0+ / 0-)

    they're betting its overturned quickly and in whole.  if the decision is as bad as they say it is, it'll make for an entertaining circuit court opinion.

  •  why am I not surprised by this? (4+ / 0-)
    Recommended by:
    slatsg, RWood, corvo, qofdisks

    Letter from Pace University:

    September 14, 2012  

    Dear Pace Students, Faculty, and Staff,

    Monday, September 17 is the first anniversary of Occupy Wall Street. As a precautionary measure, NYPD will establish check points throughout Lower Manhattan. It is important that employees and students carry Pace ID cards in order to gain access through these checkpoints. Locations of the checkpoints are still to be determined.

    Thank you for your cooperation.

    Sincerely,

    Vincent Beatty

    Director of Security  

    http://www.nakedcapitalism.com/...

    I am quite sure now that often, very often, in matters concerning religion and politics a man's reasoning powers are not above the monkey's. - Mark Twain

    by route66 on Sat Sep 15, 2012 at 04:50:21 AM PDT

  •  Could politicians tell the truth about Americans? (3+ / 0-)
    Recommended by:
    Christopher Tucker, politik, burlydee

    Americans are ignorant. Americans are uninformed and proud of it.

    The information from the corporate media is cheer leading for political theater and The American Way of Life. ( a large part of revenue and profits from media corporations comes from the campaign spending.)

    American people have failed in their role as citizens to force politicans and govenment to deal effectively with the many real problems we face.

    Why are American people not enraged about the trillions spend on military actions around the world. They even think that this keeps us safe.

    American people, as the largest polluters on the planet, think that all is well. Drill baby drill.

    Romney should be totally trounced and then we can work on Obama to get back to civil liberties, the environment, jobs, and being a good citizen of the world.

  •  Not sure I understand (0+ / 0-)

    So you give permission to someone else to pulblish your work on their web-site, and were then upset when your work was indeed published, but on some other web-site,

    And if I understand correctly, this looked like a dirty trick that had been played on someone who was protesting the NDAA '12 law, a protest you were writing about in another blog.

    I don't understand the connections here.  Can you elaborate on this?

    "The fool doth think he is wise: the wise man knows himself to be a fool" - W. Shakespeare

    by Hugh Jim Bissell on Sat Sep 15, 2012 at 06:27:23 AM PDT

  •  Didn't you publish this two days ago? (4+ / 0-)

    In fact the majority of the comments are from Sept 15.

    Why did you delete the diary and republish it just now?

    •  I changed it substantially & accentuated relevance (4+ / 0-)

      to those interested in the Occupy movement, which made it more topical given the anniversary protest today. I'm new here & someone told me to "re-publish" my 1st post at later time b/c they thought it was important story, but drowned out by some other news. Why? Is it a problem? Elsewhere, I've got in habit of publishing rought drafts that aren't totally embarrassing, getting feedback, and sometimes altering the original so much that it's qualitatively different.  

      •  This is a really weird response (2+ / 0-)

        It is word for word the exact same response you gave G2G above.  I would hope when asked a second time why you did something that you'd think before pasting in the exact same answer... that with two different people asking about what you did, maybe you'd consider that you're coming up against informal norms.

        In capitalist America, bank robs you!

        by madhaus on Mon Sep 17, 2012 at 01:55:21 AM PDT

        [ Parent ]

      •  Ignore the chatter. The function exists for a... (1+ / 0-)
        Recommended by:
        Christopher Tucker

        reason. Feel free to use it, though as with anything else, don't abuse it by publishing too-rough a first draft (you'll get written off as sloppy) or doing it too often (you'll get written off as pimping unsuccessful content). But you don't seem to necessarily be doing either here, so whatevs.

      •  Yeah, it is a problem. (2+ / 0-)
        Recommended by:
        erush1345, blueyedace2

        The recent diary list would be a lot less interesting and a complete mess if everyone republished their diaries all the time because someone feels that it didn't get attention the first time around.  Furthermore, it's not fair to other diarists.  Your "republished" diary, for example, has pushed someone elses diary off the recent diary list.

        My advice would be to write a solid diary and let it sink or swim on its own merits.

        Otherwise you're just spamming.

        "A candle loses nothing by lighting another candle" - Mohammed Nabbous, R.I.P.

        by Lawrence on Mon Sep 17, 2012 at 03:14:17 AM PDT

        [ Parent ]

  •  kudos to this diary author (5+ / 0-)

    Great post and very important.

    I lived through COINTELPRO.  I also covered Occupy events where I witnessed police dressed as robo storm troopers, sans identification of which county police force they belonged too or badges, used force, beatings, teargas, provocatuers, and mayhem against peaceful protesters to incite and then corraled them to make mass arrests.  Sometimes the police examined photo albums to identify and single out people who were doing nothing at all but had been documented as leaders or citizen journalists to be targeted for arrest.  I could go on and on, many of you already know what has been happening at demonstrations.

    I also suspect very strongly that black block tactical groups have been infiltrated extensively in Occupy, as well as some key committees and positions at camps, I saw too many incidents of pure wierdness that reminded me strongly of what I experienced during the COINTELPRO days and which later we were to learn were provectuer tactics.

    The NDAA is a very dangerous law that should concern us all.  Of course the government will do what it will do whether or not NDAA stands or is struck down.  But the fight to strike it down is still critical, we must educate Americans and reaffirm our rights under the Constitution now more than ever.  

    If anyone thinks that we can't be sent back to McCarthyism or that COINTELPRO please think again.  And this time it would be much worse, our police forces are being contracted out to Corporations, our county sheriff's departments are being (mis)trained to believe protesters are terrorists.  Civilian police are being militarized.  And technology today would make the COINTELPRO program of previous years look like amateur hour.

    And unfortunately I don't think it matters much on this topic who sits in the White House, anymore than it mattered back in those days.  When it comes to protecting the wealth and power of the 1% against the 99% both parties dance to the tune of the Corporations that paid and bought them.

    Thank you for this diary!

    •  Thanks. Your historical experience must be shared (0+ / 0-)

      w/ younger generations & virtually all Americans who're mostly clueless about our very dark COINTELPRO history, and seemingly ready to repeat it.

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