Sunday, 11 December 2011

RCMP grilled Canadian now held in Mexico

Ontario woman was also briefly detained by border officials

Al-Saadi Gadhafi, son of the late Libyan leader Moammar Gadhafi, is living in the Western African nation of Niger.
The RCMP and Canada Border Services Agency back in September investigated and even briefly detained a Canadian woman now under arrest in Mexico, CBC News has learned.

But Canadian officials are saying little about why, as Mexican authorities hold Cyndy Vanier of Mount Forest, Ont., without charge, alleging she is the leader in an international plot to shelter and hide al-Saddi Gadhafi, son of former Libyan dictator Mommar Gadhafi.

"We are aware of her arrest in Mexico," wrote RCMP Sgt. Richard Rollings in an email to CBC News. "While the RCMP does not share details of ongoing investigations, we are working with domestic and international partners to establish if any criminal offence was committed in Canada."
Vanier flatly denies any wrong-doing.

"She had nothing to do with anything to do with Saadi Gadhafi, or getting him out of Libya, or getting him to Mexico, or any human smuggling operation," said her Toronto lawyer, Paul Copeland, in an interview with CBC News.

"I am interested in getting some answers to what the Canadian authorities role was in all of this," said Copeland, explaining Mexican officials have now also seized her family's vacation condominium which she was visiting at the time of her arrest.

Copeland says Vanier learned she was on RCMP radar in early September when an officer came to her home in Mount Forest, where she runs Vanier Consulting, a company specializing in "high-risk, unconventional mediation work."

The visit was timely. Libya was increasingly falling under rebel control and Gadhafi family members were trying to flee the country, under growing UN sanctions restricting their travel and freezing the dictatorship's assets.

Vanier had been in Libya in July on a fact-finding mission for Canadian engineering giant SNC-Lavalin.

She hired private Canadian security contractor Gary Peters to protect her and to arrange travel on her 10-day visit.

But Peters reportedly had other clients in Libya, including members of the Gadhafi family. A recent series of stories in the National Post cites the CEO of a Canadian-based security firm saying he was hired to escort a number of Gadhafi family members out of the country, including arranging a heavily armed convoy around Sept. 11, to escort al-Saadi Gadhafi and his family to nearby Niger. Further in the Post report, Peters insists it was all legal.

Just days later, back in Ontario, RCMP officer Angelo Capra with the Integrated National Security Enforcement Team, showed up on Vanier's doorstep, asking questions.

"There was a travel ban against Saadi Gadhafi, and there was some suggestion [from the RCMP officer] she had some involvement in violation of that," says Copeland, adding his client spoke at length to Capra.

On Sept. 14, the RCMP officer returned to ask more questions, according to Copeland, at which point she asked to have her lawyer present. Copeland wrote numerous letters and emails to the RCMP (which he supplied to CBC News) asking for more information and offering to set up an interview within days. Copeland says the RCMP never called back.
Interpol only issued a "Red Notice" international warrant for the arrest of al-Saadi Gadhafi on Sept. 29, weeks after he'd fled Libya.
CBSA detained Vanier twice, searched planes
On Sept. 25, Vanier was stopped at the Kitchener-Waterloo airport by Canada Border Services Agency officials upon landing aboard a privately chartered airplane returning from Mexico. According to letters Copeland sent to CBSA, officials demanded to see her travel documents and asked to photocopy them.
"She arrives on a private chartered flight and gets extensively searched by CBSA people ... and the plane was extensively searched," says Copeland.

He told CBC News the privately chartered airplane was paid for by a client, but he said he was unaware of the details.

On Oct. 20, Vanier was stopped again, this time trying to board a charter flight departing from Kitchener. According to a letter of complaint Copeland sent days later to CBSA president Luc Portelance: "The search included sniffer dogs. When the first round of the search found nothing, the CBSA supervisor told the staff to search the plane again. It appeared to my client that they were trying to stall my client's departure."

CBSA wrote back insisting, "CBSA actions on the evening of Sept. 25 were entirely within their mandate and did not include any RCMP involvement."

Lawyer questions role of private security contractor

Copeland says he can’t understand why Mexican authorities have arrested Vanier – when it appears Peters has more information about the alleged plot involving al-Saadi Gadhafi and his family.
"From what I've seen from the National Post stories, and what Mr. Peters claims that he was involved in, I don't understand why he's not in custody!" said Copeland.
The National Post has run numerous articles, reporting Peters has stated he had worked for various Gadhafi family members, was aware of the plot to move al-Saadi Gadhafi to Mexico, including having twice visited a luxury home in Punta Mita where Mexican officials allege Gadhafi and his family planned to live under false identities. Peters, according to the Post, has insisted he always understood the relocation plan was legal, sanctioned by the Mexican government, and did not involve any crimes.
"Well he's fully admitted his involvement in smuggling Saadi Gadhafi out of Libya into Niger. He's fully admitted involvement in a plot to get him to Mexico. Seems to me if what they are alleging against my client is an offence, what he has admitted to constitutes an offence, or several offences," says Copeland.

Copeland is relying only on what was reported in the Post. CBC News has repeatedly telephoned and emailed Peters but he has not responded to requests to verify the National Post reports.
Copeland says Vanier broke off ties with Peters months ago, unhappy with his work in Libya. He says Vanier has hired lawyers in Mexico — but that they are having difficulty getting specific details from Mexican authorities about the accusations against her.

Under Mexico's 'preventative arrest laws,' Copeland says authorities can continue to hold her for 40 days without charge, which expires Dec. 22.
River to Sea Uprooted Palestinian

Libyan army clashes with rebels at Tripoli airport

Published Sunday, December 11, 2011

Libyan rebels clashed with the Libyan military near the Tripoli international airport on Saturday wounding two.

The Zintan rebel group and the military offered conflicting reports of the firefight. The rebel group, which controls the airport, said that the military opened fire first, but he military denies the claim and said the rebels fired first.

Zintan rebels opened fire on the convoy from left, right and front ... They think that the army wants to take over the airport but this is not the case," said Army spokesperson Sgt. Abdel-Razik el-Shibahy.

A member of the Zintan group, Abu Bakr al-Ahrash, told AFP that "three cars from the national army arrived today at the checkpoint usually manned by Zintan revolutionaries" on the road to the facility.

"They confiscated two pick-up trucks loaded with anti-aircraft guns. They tried to take control of the checkpoint. They wounded two of our fighters and arrested two others," he said.

The Zintan rebels, who hail from a Western Libyan town, have been holding Muammar al-Qaddafi's son, Seif al-Qaddafi, since his capture in November.

Gunmen try to assassinate
head of Libyan army
The Libyan military said that this is the second assassination attempt by rebels of the Libyan military's commander General Khalifa Hifter. The military spokesperson said that rebels fired on Hifter's convoy twice on Saturday.

"Until now, we don't know anything about the Libyan national army. Who is in charge, where are the military bases, what is its chain of command or even how can rebels join it?" said Khaled el-Zintani, spokesperson for the rebel group. "On the ground, the so-called national army is nothing yet."

The Libyan army is promoting the disbanding of rebel groups and has requested that fighters enlist in the army.

(al-Akhbar, AFP, AP)

-

Libyan military's commander General Khalifa Hifter.

Posted Image

Hifter/Hafter, Khalifa Belqasim - Another Libyan who has lived in the United States ever since the 1980s. He is believed to have strong ties with the CIA (13). There were rumors that he was killed in the fightings near Zawiyah, but I haven't heard any confirmation of that. Although it is strange that we haven't seen anything from him since NATO's coup. On the day of Gaddafi's death (Oct 20, 2011), his name appeared in an AFP-report (19), so he is still alive.

River to Sea Uprooted Palestinian

Syria's President Bashar Assad Sets ABC News Senior Propagandist Barbra Walters Straight.



Syria's Bashar Assad Speaks to Western Press
 by Tony Cartalucci

December 11, 2011 - Before watching this full 46 minute interview by ABC News with Syrian President Bashar Assad, and the disgraceful behavior of ABC's Barbra Walters it would useful to note several facts completely dispelling the false premises from which Walters is operating from.
Karen Koning AbuZayd
1. The UN human rights report on Syria consisted of no evidence, simply interviews of alleged witnesses produced by Syria's opposition and interviewed in Geneva.
The report itself was compiled in part by Karen Koning AbuZayd, a director of the US Washington-based corporate think-tank, Middle East Policy Council, that includes Exxon men, CIA agents, US military and government representatives, and even the president of the US-Qatar Business Council, which includes amongst its membership, AlJazeera, Chevron, Exxon, munitions manufacturer Raytheon (who supplied the opening salvos during NATO's operations against Libya), and Boeing.

2. Violence amongst protests was confirmed and documented by even the mainstream press as early as April 2011, where protesters were committing arson on public buildings including administrative centers and police stations. Reports of snipers attacking protesters and troops simultaneously were also reported. These gunmen are now claimed to be working amongst the "Free Syrian Army." As early as June, hundreds of Syrian troops had already been reported dead.
Meet other Nato rebels
3. It is confirmed that Libya's Libyan Islamic Fighting Group (LIFG, listed by the US State Department as a foreign terrorist organization, #26) led by Abdulhakim Belhaj is on the Turkey-Syrian border preparing militants to fight the Syrian government with the assistance of Turkey's government.
This hardly constitutes a "Syrian uprising," but rather a foreign funded and facilitated invasion by proxy led by NATO and consisting of a very real terrorist threat. 
4. Regime change in Syria was a foregone conclusion as early as 1991. General Wesley Clark in a 2007 speech in California relayed a 1991 conversation between himself and then Under Secretary of Defense Paul Wolfowitz.
General Wesley Clark Reveals
US Plan To Invade
Iraq, Syria, Lebanon, Lybia,
Somalia, Sudan, And Iran


Wolfowitz indicated that America had 5-10 years to clean up old Soviet "client regimes," namely Syria, Iran, and Iraq, before the next super power rose up to challenge western hegemony.

5. The unrest in Syria from the beginning was entirely backed by Western corporate-financier interests and part of a long-planned agenda for region-wide regime change. Syria has been slated for regime change since as early as 1991.

In 2002, then US Under Secretary of State John Bolton added Syria to the growing "Axis of Evil." It would be later revealed that Bolton's threats against Syria manifested themselves as covert funding and support for opposition groups inside of Syria spanning both the Bush and Obama administrations.

In an April 2011 CNN article, acting State Department spokesman Mark Toner stated, "We're not working to undermine that [Syrian] government. What we are trying to do in Syria, through our civil society support, is to build the kind of democratic institutions, frankly, that we're trying to do in countries around the globe. What's different, I think, in this situation is that the Syrian government perceives this kind of assistance as a threat to its control over the Syrian people."

Toner's remarks came after the Washington Post released cables indicating the US has been funding Syrian opposition groups since at least 2005 and continued until today.

In an April AFP report, Michael Posner, the assistant US Secretary of State for Human Rights and Labor, stated that the "US government has budgeted $50 million in the last two years to develop new technologies to help activists protect themselves from arrest and prosecution by authoritarian governments." The report went on to explain that the US "organized training sessions for 5,000 activists in different parts of the world. A session held in the Middle East about six weeks ago gathered activists from Tunisia, Egypt, Syria and Lebanon who returned to their countries with the aim of training their colleagues there." Posner would add, "They went back and there's a ripple effect." That ripple effect of course is the "Arab Spring," and in Syria's case, the impetus for the current unrest threatening to unhinge the nation and invite in foreign intervention.
With these facts in mind, viewers can fully appreciate the frothing duplicity, discourtesy, and intellectual depravity displayed by Barbra Walters who "saw pictures," read a fraudulent UN report written by authors with ties to US corporate-financier interests, and listened to an Obama speech and therefore is an expert on the premeditated, US-facilitated chaos sweeping across parts of Syria. And even as she sits in Syria's calm capital of Damascus, invited in by Assad who has been accused of barring foreign reporters (foreign journalist Dr. Webster Tarpley's interview while in Syria can be found here), she still insists the nation is in utter chaos, irrationally closing itself off from the world, and with a population completely turned against the Syrian government.


For the record: Assad's reference (at 33:30) to the 1992 LA Riots and the US using troops to restore order, it should be noted that indeed the US Army and Marines were deployed, and between military and police, they killed 10 during operations to restore order throughout the city. Barbra Walters either out of ignorance or additional duplicity, claims the US didn't kill anyone. ..

River to Sea Uprooted Palestinian

Turkey sets terms for backing Free Syrian Army: 'Bow to Muslim Brotherhood group ... or else!'

Via FLC

"WASHINGTON — Turkey, aligned to the Muslim Brotherhood, has cracked down on the rebel army in Syria. 
Opposition sources said the government of Prime Minister Recep Erdogan has frozen Free Syrian Army bank accounts in an effort to pressure the rebels to recognize the authority of the Brotherhood-aligned Syrian National Council.“The popularity of the Free Syrian Army inside Syria is a sore issue with Erdogan and the MB,... From a strategic point of view, control of the Free Syrian Army by the MB is an essential component for which it must not fail.”
Washington-based opposition movement asserted that Ankara imposed sanctions on FSA on Nov. 30 after the secular rebel army refused to take orders from SNC. FSA, based in Turkey, was said to be entirely dependent on Ankara for safe haven of its fighters as well as training and logistics. The sources said FSA attacks on Syrian military installations and convoys increased the credibility of the rebel force, particularly with NATO. They said Britain and France were persuaded to cooperate with FSA, which consists of thousands of deserters from the Syrian Army. 
For its part, SNC has been strongly supported by Arab opponents of
Assad. They were said to include Qatar and Saudi Arabia, deemed primary
financiers of the revolt in Syria. 
Tensions are also rising over the little financial aid the FSA is
getting from Saudi Arabia and Qatar whose aim is to control the organization to serve the MB
,”..."

Piling up higher & higher!

"... "If Arab states fail to stop a bloodbath it would be an obligation for Europe and the U.S. to intervene militarily... we would want a military intervention. This could take the form of a no-fly zone and a buffer zone," Kurdi said.
He said more and more mid and lower-ranking units were defecting to the Free Army, which rebels say numbers about 10,000.... .... (but) The group's top commander, Colonel Riad al-Asaad, is staying along with 60-70 in a refugee camp at Apaydin, some 10 miles from Antakya and close to the Syrian border. Turkey closely monitors Colonel Asaad's movements. He is not allowed to receive visitors without authorization from the Turkish government...
"In the first months of the revolt there were fewer desertions but the number has significantly increased in the last 10 days to a month. Five days ago in a military base in Deraa, 20 soldiers slipped guards a sedative, then stole all the guns and fled."...
River to Sea Uprooted Palestinian

The United States of Denial

By Gilad Atzmon

Newt Gingrich is no doubt a revolutionary political thinker.



He has managed to offer an adequate solution to the Israeli Palestinian conflict. In an interview with Steven Weiss of The Jewish Channel, Gingrich said that the Palestinians are an ‘invented people.’

“I think that we’ve had an invented Palestinian people, who are in fact Arabs, and were historically part of the Arab community. And they had a chance to go to many places.”

Such an approach to world affairs is consistent with both Walt Disney’s phantasmic vision of reality and Zionist Golda Meir who back in 1969 announced that there was “no such thing as a Palestinian people… It is not as if we came and threw them out and took their country. They didn’t exist.”[1]

No doubt, Gingrich’s/Meir’s ‘genius’ visionary idea should be applied to every American war and conflict. I guess that it is just a question of time before Gingrich announces that the Iraqi people are also ‘invented’, like the Palestinians they were also part of the Arab community. They may also have to schlep around and leave their beloved country to America and its Zionist rulers.

In fact Gingrich’s approach can be applied to every people in the region and beyond. The Libyans, Syrians, Egyptians, Pakistanis and Afghanis are all invented and should look for a new place to accommodate them. But it can also be applied to the current Western financial turmoil and ethical crisis. All we have to do is just to agree that the current crisis is ‘invented’. We should then close our eyes and hope that once we open them again, peace and prosperity would flourish.

In psychological terms Gingrich is subject to a state of denial.

Considering Gingrich being a leading Republican candidate for the presidency, we have good reason to believe that if elected to lead America, the United States of America may as well become the United States of Denial.

The Wandering Who-A Study of Zionist and Hasbara tactics Amazon.com or Amazon.co.uk
[1] Golda Meir, statement to The Sunday Times, 15 June, 1969

River to Sea Uprooted Palestinian

STATE official: "Assad, which we want to see go, is holding on, while in Cairo the military, which we see as a source of stability, is acting oppressively!"

Via FLC

Foreign policy at a macro level has made a return – probably briefly – to US politics. At an appearance at the Republican Jewish Committee on December 8th, all the major Republican presidential contenders criticized President Obama harshly for not supporting Israel adequately and for general foreign policy weakness, especially on Iran. Obama responded with a robust defense of his foreign policy, citing the killing of Osama bin Laden and the isolation of Iran to refute the charge of “appeasement.” Few political observers expect foreign policy to be a priority issue in the presidential campaign, but it is clear that the White House believes that it has a good record to defend, especially on counter-terrorism Officials there tell us that they feel that, with regard to foreign policy, Obama will be more than a match for whoever emerges as the Republican nominee. Other major issues are also attracting attention. In military talks with the Chinese, the US military is seeking to provide reassurance to its Chinese counterparts that future deployments of US forces to Australia are not aimed at China. US officials acknowledge that this task will require sustained effort. One NSC planner told us: “The Chinese are very wary of us. They place the most conspiratorial interpretation possible on all our actions.” As we have reported before, US policy is pulled in many different ways on policy toward China. It is therefore likely to remain pointing in several directions at the same time.  
Turning to Russia, there is rising alarm at what is seen as the risk of widespread civil disruption in the wake of mass protests against the December 4th election results. In many Washington foreign policy circles, both Democratic and Republican, there is deep antipathy to Prime Minister Putin. Should, as all expect, he return to the Russian presidency next year, US-Russia relations are in for a rocky period.  
Finally, pessimism is growing about the course of events relating to the “Arab Spring.” In both Egypt and Syria (to which the US Ambassador is returning), US officials see an adverse trend. One State Department analyst commented privately to us: “We have to plot a cautious course. The Damascus regime, which we want to see go, seems destined to hold on, while in Cairo the military, which we see as a source of stability, is acting oppressively to counteract the Muslim Brotherhood, about which we also have concerns. There are no straightforward options.”

River to Sea Uprooted Palestinian

USS BIG GOVERNMENT











River to Sea Uprooted Palestinian

HEAD OF IRANS OPPOSITION EXPOSED, CAUGHT SPEAKING ON ISRAELI CHANNEL

Via

Head or Iranian Opposition: Should Israel Attack Iran? 



River to Sea Uprooted Palestinian

Israeli Raid Hurts Gaza Father, Daughter

Almanar
An Israeli air strike on the Zeitun neighborhood in Gaza City injured a Palestinian father and his daughter early on Sunday, Palestinian medics said.

The strike followed days of rising tensions between the Israeli occupation and Gaza resistance fighters.

Gaza resistance groups have claimed responsibility for lobbing a barrage of rockets into southern occupied Palestinian territories as a retaliation for the Israeli military’s series of air raids that have killed many civilians.

Palestinians inspect a house which collapsed in Gaza City after an Israeli
airstrike.(AFP/Mohammed Abed)
 
In a statement, the Israeli military confirmed an early morning air strike which it claimed "targeted a weapon manufacturing site in the northern Gaza Strip." "Direct hits were confirmed and secondary explosions were identified," the statement added. "The site was targeted in response to the ongoing rocket fire from the Gaza Strip."

Palestinian medics assured that the Israeli air strike on Gaza have injured a Palestinian father and his daughter.

Speaking to public radio on Sunday, Israeli Strategic Affairs Minister Moshe Yaalon warned Gaza's resistance movement Hamas against continued rocket fire into “Israel”. "A state cannot allow its territory to be constantly under fire from an enemy," he said. Israel "will take the necessary measures to impose a high price" if the rocket fire from Gaza continued.
 
River to Sea Uprooted Palestinian

Exporting Springs

Cartoon Of The Day-Enzo Apicella

DateSaturday, December 10, 2011 at 11:44AM AuthorGilad Atzmon
The wandering who- Gilad Atzmon

River to Sea Uprooted Palestinian

Nakba Day: Return to Palestine

DateFriday, December 9, 2011 at 12:58AM AuthorGilad Atzmon


On the 15th of May of every year, Palestinians and the whole world remember how it all started. How the Israelis' ethnic cleansing of a people and the destruction of a society - the Nakba - was met with global indifference. Many factors made it so, but among them was a Zionist propaganda machine that illustrated the crime committed in Palestine in 1948 as a war of independence against aggressive Arabs and Palestinians.

It is true that the Palestinians and the rest of the Arab people resisted the establishment of a racist regime in Palestine. And they still do. It is only normal. If anyone comprehends the extent of the injustice that has been committed against the Palestinian people, they would not even ask why they are so determined in their pursuit of justice. And if anyone knows the history of the Palestinian struggle, they would realize that this people will continue to resist in every form until they see the justice they have so longed for restored.

On 15 May 2011, the world is invited to express its understanding, solidarity and support to a people that has resisted... and continues to do so, for Justice in Palestine.
River to Sea Uprooted Palestinian

Muslim Charity Principals Denied Justice


 - by Stephen Lendman

On January 25, 1995, Bill Clinton issued Executive Order 12947 - Prohibiting Transactions With Terrorists Who Threaten To Disrupt the Middle East Peace Process.

The same year, Hamas was declared a Foreign Terrorist Organization (FTO). It's still one today, so any individual or group charged with providing it material support (true or false) is prosecuted unjustly.

On December 4, 2001, the Treasury Department declared the Holy Land Foundation a terrorist group, froze its assets, and falsely claimed it was used to funnel millions of dollars to Hamas.

Truth and justice are endangered in America. During Bush's eight years, their legitimacy and importance were targeted. Under Obama, they're on the chopping block for elimination to advance Washington's global imperium unchallenged.

Until shut down, the HLF was America's largest Muslim charity. Founded in 1989 in Culver City, CA, it shifted operations to Richardson, TX. It provides vital relief to Palestinian refugees in Occupied Palestine, Lebanon and Jordan as well as aid for needy recipients in Bosnia, Albania, Chechnya, Turkey and America.

With an annual budget of about $14 million, it "provided continuous volunteering and services in the Dallas-Fort Worth area."

Its major activities included:
  • financial aid to needy and impoverished families;
  • a sponsorship program for orphaned children;
  • various social services;
  • educational services;
  • medical and other emergency work; and
  • community development, including help to rebuild Palestinian homes Israel destroyed lawlessly in violation of international law.
In its own words, it said:

"We gave:
  • books, not bombs;
  • bread, not bullets;
  • smiles, not scars;
  • toys, not tanks;
  • peace, not terror;
  • liberty, not poverty;
  • hope, not despair;
  • love, not hate; (and)
  • life, not death."
Its principles and other employees were heros, not terrorists or involved in conspiracy to commit it. Nonetheless, the five principles were charged, prosecuted and convicted. They received sentences ranging from 15 to 65 years.

Attorney Nancy Hollander represented HLF President and CEO Shukri Abu Baker. She said he "was convicted of providing charity. There was not, in ten years of wiretapping his home, his office, looking at his faxes, listening to everything he said, there was not one word out of his mouth about violence to anyone or about support for Hamas."

Post-9/11, crimes are what prosecutors call criminal. Innocence doesn't matter. Victims are guilty by accusation. Justice is denied for political advantage. Muslims are America's target of choice. It's the wrong time here to practice Islam.

It's also criminal to feed hungry Muslim children and provide them other humanitarian aid. Imperial America wants them vilified to justify global war on terror crimes.

As a result, co-founder, President and CEO Shukri Abu Baker received 65 years in prison.

Co-founder, Chairman and former Executive Director Ghassan Elashi also got 65 years.

Mohammed el-Mezain, former Chairman, Head of California Operation 15 years.

Top fundraiser Mufid Abdulqader 20 years, and

Abdulrahman Odeh, Director of HLF East (New Jersey) 15 years.

On October 19, 2010, attorneys submitted a 149-page brief. It provided convincing evidence of wrongful convictions. Appellate issues raised include:

(1) Names of two prosecutorial witnesses were withheld from defense attorneys, including its key one. Doing so violated Fifth Amendment due process rights and the Sixth Amendment's right of a defendant to confront accusers.

(2) The district court allowed prejudicial hearsay evidence. One source admitted sending money to Hamas. He also defrauded his employer of $610,000 in a scam unrelated to HLF. Moreover, he cheated on his taxes and lied to the FBI. As part of a plea bargain, he agreed to lie again under oath - against innocent HLF principles.

(3) The court allowed irrelevant prejudicial evidence to be presented. It included alleged Hamas suicide bombing exhibits, killing Israeli collaborators, a video showing demonstrators stomping on and burning the American flag, and more. All of it was unrelated to the case.

(4) Irrelevant prejudicial testimonies were also allowed, including erroneous legal and religious opinions.

(5) At the same time, the court denied defense attorneys the right to review government recorded, intercepted, or otherwise gotten statements, based on Foreign Intelligence Surveillance Act (FISA) authority.

FISA, in fact, is classic police state tyranny. It violates Fourth Amendment protections against unreasonable searches and seizures. It also requires warrants to be judicially sanctioned, based on clear probable cause.

However, using undisclosed (likely manufactured) secret evidence, FISA permits unrestricted warrantless spying, data mining, and intercept of domestic and foreign Internet, telephone, and other communications, based on alleged national security threats.

As a result, it permits illegal searches, seizures, and privacy invasions. Anyone now for real or concocted reasons may be charged, convicted and imprisoned for alleged crimes they never conceived, planned or committed.

Based on Sixth Amendment issues, the National Association of Criminal Defense Lawyers (NACDL) submitted an amicus brief for HLF defendants.

In part, it states:

"If the Confrontation Clause means anything, it is that a criminal defendant must be allowed to know his accusers (to) have a fair opportunity to cross-examine them. Yet an expert witness whose testimony was critical to proving the government's case was allowed to testify anonymously...."

The witness called "Avi" had no relevance to the case. An alleged Hamas/Palestinian Islamic charities (zakat committees) expert, he belonged to Israel intelligence or security.

"The total secrecy of Avi's identity is unprecedented: no reported cases have ever approved fully anonymous expert testimony like" his. As a result, the right of defense attorneys to cross-examine Avi was "completely impaired."

However, Judge Solis wrongfully claimed revealing his identity, and another anonymous witness called "Major Lior," would harm national security. Moreover, with no evidentiary hearing, prosecutors said doing so would place them in harm's way.

By allowing their testimony to stand, the appeals court "mark(ed) a significant departure from existing case law."

As a result, justice demands overturning HLF defendants' convictions because:
  • Sixth Amendment protections require revealing the true identify of expert witnesses to defense attorneys; and
  • Confrontation Clause rights forbid secret witness testimonies, "no matter the circumstances."
Based on Fifth Amendment due process violations and material support issues, Georgetown University Law Professor David Cole and attorney J Craig Jett of Burleson, Pate & Gibson submitted his own amicus brief.

Twenty organizations provided amicus support as interested parties, including:

American Friends Service Committee

Atlantic Philanthropies

The Carter Center

Christian Peacemaker Teams

The Constitutional Project

The Nathan Cummings Foundation

The Fund for Constitutional Government

Global Greengrants Fund

Grantmakers Without Borders

Grassroots International

The Humanitarian Law Project

Islamic Relief USA

Milt Lauenstein

Operation USA

The Peace Appeal Foundation

The Rockefeller Brothers Fund

The Samuel Rubin Foundation

Rutherford Institute

Tikva Grassroots Empowerment Fund

The Urgent Action Fund for Women's Human Rights

In part, the brief addresses whether anyone "can be convicted for violating a prohibition on 'knowingly' providing 'material support' to designated 'foreign terrorist organizations' without proof that he or she knowingly" did it.

Defendants, in fact, were convicted on multiple counts even though the district judge's jury instructions relied on an erroneous and dangerously expansive interpretation of the material-support statute.

As a result, legitimate charitable work henceforth will be jeopardized based on unsubstantiated charges.

In fact, five recipient West Bank charities receiving HLF funds weren't designated foreign terrorist organizations (FTOs). Yet district court instructions told jurors they could find defendants guilty without proof of FTO connections.

Even prosecutors didn't advance that argument. As a result, failing to reverse these wrongful convictions will have a chilling effect on legitimate charitable work. None henceforth will know if they'll be free from criminal investigation, prosecution, or conviction.

"Amici maintain that the judge's jury charge violates fundamental due process principles requiring fair notice of what conduct is prohibited, as well as proof of individual culpability. Moreover, the jury charge conflicts with (requiring) proof that defendants knew that they were supporting a designated organization."

On September 1, 2011, the US 5th Circuit Appeals Court heard arguments for the defendants. On December 7, it upheld their convictions.

On December 8, Reuters headlined, "Muslim charity leaders lose appeal in Hamas case," saying:

"The organizers of the Texas-based Holy Land Foundation argued they were denied a fair trial in 2008 when the government used secret Israeli witnesses to testify against them. The organizers also raised a host of constitutional challenges to the evidence presented against them at trial."

"The 5th U.S. Circuit Court of Appeals rejected those challenges, concluding that 'while no trial is perfect,' Holy Land and its leaders were fairly convicted. The court pointed to 'voluminous evidence' that the foundation, which was started in the late 1980s, had long-running financial ties to Hamas."

In fact, they provided aid legally to needy Palestinians through zakat committees. The Court falsely accused them of links to Hamas. Judge Caroly King wrote for the unanimous three-judge panel:

"By supporting such entities, the defendants facilitated Hamas' activity by furthering its popularity among Palestinians and by providing a funding resource. This, in turn, allowed Hamas to concentrate its efforts on violent activity."
Appeals lawyers argued that prosecutors should have been denied permission to have Israeli witnesses testify anonymously. As a result, they weren't able to determine their credentials and credibility.

Abdulrahman Odeh's attorney Gregory Westfall, said the Constitution's Confrontation Clause didn't apply to these witnesses. He added that a Supreme Court appeal is likely. An uphill struggle remains for justice so far denied.

Stephen Lendman lives in Chicago and can be reached at lendmanstephen@sbcglobal.net.

Also visit his blog site at sjlendman.blogspot.com and listen to cutting-edge discussions with distinguished guests on the Progressive Radio News Hour on the Progressive Radio Network Thursdays at 10AM US Central time and Saturdays and Sundays at noon. All programs are archived for easy listening.

posted by Steve Lendman @ 12:34 AM  
River to Sea Uprooted Palestinian

Gingrich comments on Palestinians a "play" for "Jewish" money, former strategist says

Ali Abunimah on Sat, 12/10/2011 - 22:40


Newt Gingrich, the US Republican presidential hopeful and former House Speaker who said Palestinians are an “invented people,” was making a “play” to attract “Jewish” money to his campaign, a former close associate said today.

Reacting to Gingrich’s comments on the Palestinians, Matt Towery, a conservative columnist who served as a campaign strategist for Gingrich in the 1980s, told CNN’s Saturday Morning News:
The Republican primary is one in which primarily you have money coming from pro-Israelis and in Jewish organizations and that[s] a play for that money. And you’re really are not going to have a whole lot of folks involved from either the Arab world or from any area that might be affected by these comments that are going to be voting in any of these primaries any time soon.
It is generally considered taboo in the United States and even evidence of “anti-Semitism” to talk about the influence of “Jewish” or pro-Israel money in elections. That a former Gingrich advisor and well-known Republican pundit is doing so openly is a notable development.


Palestinians an “invented people”


Gingrich caused consternation and a great deal of anger among Palestinians when he told The Jewish Channel, cable TV station, that Palestinians were an “invented people” and suggested that they should have left their country voluntarily to make way for Israel.
While the two main parties in the United States, Democrats and Republicans, are both staunchly pro-Israel, they have engaged in intense partisan battles in the run up to next November’s US presidential election over which party would be more supportive of Israel.

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    The Palestinians? Hell, they're an 'Invented' People!

    Via FLC


    'An Illusion!'
    "Does Newt Gingrich believe in a two-state solution to the Israeli-Palestinian conflict? Democratic and Republican administrations have adopted that framework, but Mr. Gingrich raised the possibility he might break with it, calling Palestinians an "invented" people and the current stalled peace process "delusional."


    His comments were made this week in an interview with the Jewish Channel, a cable service.
    Discussing the origin of the State of Israel in the 1940s, Mr. Gingrich said, according to a transcript: "Remember there was no Palestine as a state. It was part of the Ottoman Empire. And I think that we've had an invented Palestinian people, who are in fact Arabs, and were historically part of the Arab community. And they had a chance to go many places." (Whoaaaa!)..."


    River to Sea Uprooted Palestinian